RESOLUTION NO, 14-05

A RESOLUTION DECLARING SURPLUS PROPERTY AND AUTHORIZING THE EXCHANGE OF REAL PROPERTY BETWEEN THE CITY OF SODAVILLE, AND LEBANON AREA HABITAT FOR HUMANITY.

WHEREAS, the City of Sodaville (“City”) is the owner of certain real property more particularly described as Parcel 1 12801W31-CB-00101 St. Louis Street (the “City Parcel 1”) and Parcel 2 12S01W31-CB-01100 Ridge Street (the “City Parcel 2”); and

WHEREAS, the City of Sodaville has determined that no public purpose would be furthered by City retaining ownership of City Parcel 1 and City Parcel 2, and that the City Parcel 1 and City Parcel 2 should be exchanged for property owned by a non-profit organization; and

WHEREAS, the Lebanon Area Habitat for Humanity (“Habitat”), an Oregon nonprofit corporation, is the owner of Parcel 1 12802W36-AD-02601, Parcel 2 12802W36-AD-02900, Parcel 3 12802W36-AD-2501, Parcel 4 12802 W36-AD-02603, Parcel 5 12802W36-AD-02605, Parcel 6 12802W36-AD-02604; and

WHEREAS, the Lebanon Area Habitat for Humanity (“Habitat”), an Oregon nonprofit corporation wishes to acquire the City Parcel 1 and City Parcel 2 in order to allow for the construction of homes to meet the area need: and

WHEREAS, there is a public purpose for Habitat Parcel 1, Habitat Parcel 2, Habitat Parcel 3, Habitat Parcel 4, Habitat Parcel 5, and Habitat Parcel 6; and

WHEREAS, Lebanon Area Habitat for Humanity desires to convey Habitat Parcel L, Habitat Parcel 2, Habitat Parcel 3, Habitat Parcel 4, Habitat Parcel 5, and Habitat Parcel 6 to the City in exchange for the City’s conveyance of City Parcel 1 and City Parcel 2 to Habitat to allow for the construction of housing to serve the area need; and

WHEREAS, City has caused notice of the above-described exchange to be published in a newspaper of general circulation in the City, in compliance with ORS 221 .725; and

WHEREAS, an appraisal has been done on the Habitat parcels and the Linn County Assessor provided values for the City parcels; and

WHEREAS, on June 19, 2014, the City held a public hearing concerning the exchange of the Habitat Parcel 1, Habitat Parcel 2, Habitat Parcel 3, Habitat Parcel 4, Habitat Parcel 5, and Habitat Parcel 6 for the City Parcel 1 and the City Parcel 2, at which time the City Council was informed of the proposed conveyance and general terms, including evidence of the market values of the parcels, and residents of the City were given an opportunity to present written and oral testimony; and

WHEREAS, the City, has determined that the above-described exchange of property, between the City and Habitat complies with the provisions of ORS 271.340; and

WHEREAS, the City of Sodaville Council has determined it is in the public interest of the City to convey City Parcel 1 and City Parcel 2 to Habitat and to accept Habitat Parcel 1, Habitat Parcel 2, Habitat Parcel 3, Habitat Parcel 4, Habitat Parcel 5, and Habitat Parcel 6 from Habitat; and

WHEREAS, the City of Sodaville City Council desires to authorize the Mayor or his designee to undertake all tasks necessary in connection with completing the conveyance of City Parcel 1 and City Parcel 2 to Habitat and in conveyance for Parcel 1, Parcel 2, Parcel 3, Parcel 4, Parcel 5, and Parcel 6 from Habitat, including, without limitation, executing agreements with Lebanon Area Habitat for Humanity and any other documents necessary to carry out the intent of this Resolution.

Now therefore, the City Council of the City of Sodaville resolves as follows:

SECTION 1.

The City Parcel 1 and City Parcel 2 are hereby declared surplus property.

SECTION 2.

That the Mayor or her designee is authorized to execute the Purchase and Sale Agreement.

SECTION 3.

The Mayor or her designee is authorized to undertake all other tasks and execute all other agreements and documents necessary, including cooperating with the Lebanon Area Habitat for Humanity, signing a deed conveying the City Parcel 1 and City Parcel 2 to the Lebanon Area Habitat for Humanity and accepting a deed from the Lebanon Area Habitat for Humanity for Habitat Parcel 1, Habitat Parcel 2, Habitat Parcel 3, Habitat Parcel 4, Habitat Parcel 5, and Habitat Parcel 6.

Passed by the Council this 19 day of June, 2014.