#4

12/13/2016 2:09 PM

STAFF REPORT NO. 182-16 TO: Mayor and City Council DATE: 12/19/2016 FROM: Eric Holmes, City Manager Subject: Land Donation – 6.05-Acre Parcel near Burnt Bridge Creek Key Points: Willow Creek Investments LLC currently owns a 6.05-acre parcel of land that it has offered

to donate to the City. The City has an interest in acquiring the land because the property will extend the City’s

Burnt Bridge Creek Greenway properties and support the City’s greenway and watershed goals.

Objective: Adopt the proposed resolution authorizing the City to accept the land donation by quitclaim deed from Willow Creek Investments, LLC. Present Situation: Willow Creek Investments LLC is offering the City of Vancouver a donation of real property located near Burnt Bridge Creek. The approximately 6.05-acre parcel is undeveloped and designated in the City’s Greenway Zone. The parcel is located in the floodplain and the southern portion is identified as wetlands, with approximately 70% comprising wetland deciduous forest and wetland shrub ecosystems. A legal description and location map are attached. This land donation will serve as an extension of the Burnt Bridge Creek Greenway. Maintaining this property in a natural condition is key to meeting the City’s Surface Water Management requirements and goals for the watershed, including stormwater detention, wetlands preservation, and water quality enhancement. Future improvements to the property, including tree plantings, will serve to meet State regulatory requirements. The City has been monitoring this site for nine years and the City’s Greenway and Sensitive Lands Supervisor recently inspected the parcel. The parcel is in very good condition and will require little maintenance. The site includes many native plants that are viable and have continued to thrive in the last nine years. If it becomes a priority, the City may want to perform some maintenance to eradicate invasive plants, which currently comprise about 20 percent of the plant species. However, the percentage of invasive species will likely decrease due to the amount of shading and the aggressive nature of the native trees and shrubs. The site can be maintained and monitored within the City’s current budget due to the condition of the property and its proximity to other property currently owned and maintained by the City. Maintenance can be reasonably and economically incorporated into the City’s Greenway and Sensitive Lands team’s wetland property responsibilities. City staff reviewed property records for any liens, easements, and covenants placed on the property. No liens were identified. The property is subject to certain easements for utility

Staff Report 182-16 12/19/2016 Page 2 of 2 purposes. Willow Creek Investments LLC has agreed to file an amendment to a Declaration of Covenants, Conditions and Restrictions for the Willow Creek PUD Subdivision to clarify that the parcel it intends to donate is exempt from the Declaration. There are no additional concerns with title. A Phase I Environmental Site Assessment also was completed. One recognized environmental condition was identified due to past agricultural use. From approximately the 1940s until approximately 1994, the property and surrounding area were used for row-crop agriculture. There is a possibility that agricultural chemicals exist at some level in soils. The property has remained vacant since 1994, however, and the risk is low. Because the City does not intend to develop the property, no additional environmental investigation is recommended. Advantages: 1. Acquiring the property will extend the City’s Burnt Bridge Creek Greenway properties and

support the City’s greenway and watershed goals. 2. It will also provide for meeting future Federal Clean Water Act and State Department of

Ecology regulatory requirements. Disadvantages: Maintenance and monitoring of the site will need to continue. Budget Impact: The parcel will require some maintenance and monitoring. The cost can be reasonably and economically incorporated into the City’s Greenway and Sensitive Lands team’s wetland property responsibilities. Prior Council Review: None. Action Requested: Adopt a resolution to accept the 6.05-acre land donation in the Burnt Bridge Creek Greenway. Attachments: Resolution to accept land donation Legal description of the property Site map identifying the property Quitclaim Deed REET Affidavit .  

To request other formats, please contact: City Manager’s Office (360) 487-8600 | WA Relay: 711 Amanda.Delapena@cityofvancouver.us

RESOLUTION ‐ 1 

12/19/16

RESOLUTION NO. _________

A RESOLUTION accepting a donation of real property from Willow Creek Investments,

LLC.

WHEREAS, Willow Creek Investments, LLC is offering to donate 6.05 acres of real

property to the City; and

WHEREAS, the undeveloped site located near Burnt Bridge Creek is designated in the

City’s Greenway Zone, and the southern portion is identified as wetlands; and

WHEREAS, the land donation will serve as an extension of the Burnt Bridge Creek

Greenway; and

WHEREAS, owning and maintaining this property in a natural condition will serve the

City’s surface water management requirements and goals for the watershed, including

stormwater detention, wetlands preservation, and water quality enhancement; and

WHEREAS, City staff have performed an evaluation of the site and found that it can be

maintained and monitored within the City’s current budget due to the good condition of the

property and its proximity to real property currently owned by the City.

NOW, THEREFORE,

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VANCOUVER:

Section 1. The City hereby accepts the donation of real property as set forth above and

described in staff report SR-________.

Section 2. The City Manager is hereby authorized to execute the deed and other

documents necessary to effectuate this transaction.

RESOLUTION ‐ 2 

ADOPTED at a Regular Session of the Vancouver City Council this 19th, of December,

2016.

____________________________ Timothy D. Leavitt, Mayor

Attest: ________________________________ R. Lloyd Tyler, City Clerk By: Carrie Lewellen, Deputy City Clerk Approved as to form: ________________________________ E. Bronson Potter, City Attorney

LPB 12-05(r) rev 12/2006 Page 1 of 2

When recorded return to: City of Vancouver Attention Public Works Department, Stormwater and Sensitive Lands P.O. Box 1995 Vancouver, WA 98668-1995

QUIT CLAIM DEED THE GRANTOR(S) Willow Creek Investments, LLC, a Washington limited liability company as a gift and for other good and valuable consideration, conveys and quit claims to City of Vancouver, a municipal corporation of the State of Washington the following described real estate, situated in the County of Clark, State of Washington, together with all after acquired title of the grantor(s) herein:

Tract G, WILLOW CREEK PUD, according to the plat thereof, recorded in Volume 311 of Plats, Page 738,

records of Clark County, Washington.

Tax Parcel Number: 986034-260 Dated: December ____, 2016 Willow Creek Investments, LLC, a Washington limited liability company By: CCRP, LLC Manager/Member by Patrick Ginn, Manager/Member Grantee, the City of Vancouver, hereby accepts the property conveyed herein. Dated: December ____, 2016 City of Vancouver, a Washington Municipal Corporation By: ______________________________________ Name: ____________________________________

LPB 12-05(r) rev 12/2006 Page 2 of 2

State of Washington ) ) ss. County of Clark )

I certify that I know or have satisfactory evidence that Patrick Ginn is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Member of Willow Creek Investments, LLC, a Washington limited liability company to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: December _____, 2016 Deanna K Haake Notary Public in and for the State of Washington Residing at Vancouver, WA My appointment expires: June 29, 2017 State of Washington ) ) ss. County of Clark )

I certify that I know or have satisfactory evidence that ____________________________is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the ____________________________ of the City of Vancouver, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: December _____, 2016 Notary Public in and for the State of Washington Residing at Vancouver, WA My appointment expires: