HomeMy WebLinkAbout2919 RESOLUTION NO. 2~ Iq
A RESOLUTION of the City Council of the City of
Bremerton, Washington, declaring certain public utility property
surplus to the City's needs and approving a negotiated sale of the
property in accordance with the provisions of RCW 35.94.040 and
BMC 2.78.030(e).
WHEREAS, the City has received an offer to purchase the public utility property
depicted as lots 5 and 7 in Exhibit A and legally described in Exhibit B from Global Investments
Ltd, for $41,000, which sum is the fair market value of the property; and
WHEREAS, the City Council has determined that the property is surplus to the
City's needs and is not required for providing continued public utility service; and
WHEREAS, pursuant to RCW 35.94.040, a public heating was held on February
11, 2004 relating to the proposed surplus and negotiated sale of the property; NOW
THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION L The public utility property legally described in Exhibit B is hereby
declared surplus to the City's needs pursuant to RCW 35.94.040 and is not required for providing
continued public utility service.
SECTION2. The sale of the above-mentioned property creates a benefit to the
City and the greater community and therefore a negotiated sale is hereby authorized pursuant to
BMC 2.78.030(e) and.
SECTION 3. The Mayor is hereby authorized to finalize and execute an Earnest
Money Receipt and Sale Agreement with substantially the same terms and conditions as set forth
in the proposed agreement attached as Exhibit C authorizing the sale of the property to Global
Investments Ltd for $41,000.
SECTION 4. The Mayor is further authorized to execute any and all other
documents, including but not limited to statutory warranty deeds and real estate excise tax
affidavits, necessary to complete the transaction.
SECTION 5. Severabilitv. If any one or more sections, subsections, or
sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Resolution and the same shall remain in full
force and effect.
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Surplus and Sale of Public Utility Property
SECTION 6. Effective Date. This Resolution shall take effect and be in force
immediately upon its passage.
PASSED by the City of Bremerton, Washington this
of' ~' tz'- --' -~ --, 2004. Council of the City
day
DAREN NYGREN, Cot~cil President
APPROVED AS TO FORM: ATTEST: ~ _
RO~OI]R A. LUBO~ICH, Cit~ r/ff4(ULA JO~'/r(~N,-Interim City Clerk
R:\LEGAL~Files\Current Active Files\Oyster Bay Lots\Surplus and Negotiated Sale resolution.doc
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Surplus and Sale of Public Utility Property
PACIFIC NORTHWEST TITLE ~:~-~ ~.,~.
Potion of Section ~,, Townshipa~ No~h, Range I~st, W.M.
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LEGAL DESCRIPTION
Lots 5 and 7, Block 5, Ole Hanson's Navy Yard Addition, according to Plat recorded in Volume
4 of Plats, Page 56, in Kitsap County, Washington.
EXHIBIT B
EARNEST MONEY RECEIPT
AND SALE AGREEMENT
This Agreement is hereby made and entered into on the date fully executed below, by and
between CITY OF BREMERTON, hereinafter referred to as "Seller" and GLOBAL
INVESTMENTS LIMITED, a Washington corporation, hereinafter referred to as "Purchaser".
Purchaser shall, within 5 days of the date of this Agreement, deposit the sum of $1,000.00 in
escrow with the City of Bremerton.
Seller hereby agrees to sell and Purchaser hereby agrees to purchase that certain real
property commonly known as Lot 5 and Lot 7 of Block 5 of Ole Hanson's Navy Yard Addition,
City of Bremerton, Kitsap County, Washington; tax parcel nos. 4546-005-005-0007 and 4546-005-
007-0005.
1. Purchase Price: The purchase price shall be Forty One Thousand and no/100 Dollars
($41,000.00).
2. Payment of Purchase Price: The total purchase price shall be paid as follows:
a. One Thousand and no/100 Dollars ($1,000.00) in the form of earnest money.
b. Forty Thousand and no/100 Dollars ($40,000.00) in cash at the time of
closing.
3. Contingencies:
a. The obligation of the Purchaser to purchase the real property is contingent upon
and subject to the following conditions:
i. Purchaser to make inspections and investigations concerning the
property, including but not limited to a survey, which cost shall be paid
solely by the Purchaser.
In the event these contingencies cannot be satisfied within 30 days from the date of this
Agreement, or approval bythe City Council, whichever is later, the Purchaser shall have the right to
cancel this Agreement and all earnest money shall be refunded to the Purchaser. Provided,
however, that all of these conditions are for the benefit of the Purchaser and may be waived in
writing by the Purchaser.
b. The obligation of the Seller to sell the real property is contingent upon and
subject to the following conditions:
i. City Council approval of this agreement within 60 days from the date of
this agreement.
4. Cooperation: The Seller shall cooperate with the Purchaser regarding all aspects of this
Agreement.
20280-166, ted Page 1
Rev. 12-3-03 EXHIBIT C
5. Inspections and Tests: The Purchaser shall have the right to ~'~ter upon the property,
make inspections, conduct engineering studies, perform surveys, conduc~', tests and analyze the
property in order to determine its suitability for the needs of the Purchaser.
6. Title: The title to the property shall be free and clear of all encumbrances or defects at
closing except those specifically approved in writing by the Purchaser. For purposes of this
agreement, the following shall not be deemed encumbrances or defects: rights reserved and
federal patents or state deeds; building or use restrictions consistent with current zoning, and
utility and road easements of record. Additionally, Purchaser agrees to execute and record
against the property at closing an odor easement for the benefit of the Seller in substantially the
same form as attached hereto as Exhibit "A". The payment of any encumbrances and assessments
may be made from the funds available at closing.
7. Title Insurance: The Seller shall deliver to the Purchaser a commitment for title
insurance from the PACIFIC NORTHWEST TITLE within fifteen (15) days of the date of
acceptance of this Earnest Money Receipt and Sale Agreement by Seller. Tl~c commitment for title
insurance shall be for a standard form purchaser's policy of title insurance ~'il~e title policy to be
issued at the time of closing shall contain no exceptions other than tho:~¢ provided for in said
standard form and those specifically approved in writing by the Purclmser. If title is not so
insurable and cannot be made so insurable as of the date of closing, this tra~-tsaction shall terminate
and the earnest money shall be refunded to the Purchaser. Provided, how~,ver, that the Purchaser
may waive any defects in title and elect to purchase.
8. Conveyance: Title shall be conveyed by Statutory Warranty Deed containing no
exceptions except those as noted in Section 6 above and except those specifically approved in
writing by the Purchaser.
9. Closing: This ~ransaction shall be closed in the Bremerton City Attorney's Office. The
date of closing shall be no later than 60 days from approval by the City Council. Prior to closing
the Seller and the Purchaser shall deposit in escrow with the closing agent all instructions,
instruments and monies necessary to close this transaction. The real property taxes shall be
prorated as of the date of closing. The Seller shall pay the title insurance premium, excise tax, and
its recording fees. The Purchaser shall pay its recording fees.
10. Possession: The Purchaser shall be entitled to possession on the date of closing.
11. Default: In the event of any default by the Seller, the earnest money shall be refunded
to the Purchaser unless the Purchaser elects to institute suit to enforce this Agreement, in which
case the earnest money shall be held in the Registry of the court pending resolution of the suit. I~
the event of any default by the Purchaser, the Seller shall retain the earnest money deposited
herewith as liquidated damages. Said forfeited earnest money shall be the sole remedy of the Seller
and the Seller shall make no further claim or seek any further relief against thc Purchaser.
12. Binding Effect: This Agreement shall be binding upon and inure to the benefit of the
heirs, executors, successors and assigns of the parties hereto. Provided, however, that this
Agreement shall not be assignable by either party without the express prior written consent of the
20280-166, ted Page 2
R,.'v, ~2-3-03
other party which shall not be unreasonably withheld. Each party warrants that it has the authority
to enter into this Agreement and said Agreement to be binding on the respective party.
13. Notices: Any and all notices between the parties hereto shall be in writing and shall be
sent by certified mail, return receipt requested or personally delivered·
14. Governing Law: This Agreement shall be governed and applied in accordance with
the laws of the State of Washington.
15. Jurisdiction and Venue: In the event any lawsuit shall be brought in connection with
this Agreement, the parties hereto hereby agree that jurisdiction and venue of such lawsuit shall
properly lie in Kitsap County, Washington.
16. Attorney Fees and Court Costs: In the event any lawsuit is instituted in connection
with this Agreement, the prevailing party shall be entitled to judgment for its reasonable attorney
fees and costs as determined by the court at both the trial and appellate levels.
17. Time: Time is expressly made of the essence of this Agreement.
18. Entire Agreement: This Agreement constitutes the entire understanding of the parties
with respect to the property. There are no verbal or other arrangements which modify or affect this
Agreement.
19. Titles: The titles used on the paragraphs in this Agreement are for information
purposes only.
20. Absence of Commissions: Each party represents and warrants to the other party that
there arc no real estate commissions payable In connection with this transaction.
21. Offer to Purchase: The Purchaser hereby offers to purchase the property on the terms
and conditions stated herein. This offer is made subject to the approval of the Seller by midnight of
· In the event that the Seller does not accept this offer
within the aforementioned time, this transaction shall be null and void and of no force or effect
whatsoever.
DATED: _~>~'~. / ~' ,2003.
PURCHASER: .~
Address: .,~.O.~4__7_9
J~.~l~emerton, WA 98312
Phone: v (360) 265-0391
20280-166, ted Page 3
Rev. 12-3-03
The Seller hereby agrees to sell the property on the terms specified herein.
DATED: ,2003
SELLER:
CITY OF BREMERTON
By: Cary Bozcman
Title: Mayor
Address: 239 Fourth Street
Bremerton, WA 98337
Phone: (360) 473-5345
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20280-166, ted Page 4
Rev. 12-3-03
Return Address: City Clerk
City of Bremerton
239 Fourth Street
Bremerton, WA 98337
AUDITOR/RECORDER'S INDEXING FORM
Document Title(s): 1. Odor Easement
Reference Number(e) of Documents assigned or releaeed: N/A
Grantor(s): ~.
[] Additional names on page of document.
Orantse(s): 1. The City of Bremerton
[] Additional names on page of document.
Legal Description:
(abbreviated)
[] Additional legal is on page of document.
Asseesor's Property Tax Parcel/Account Number: ~
Project Name:
ODOR EASEMENT
(Corporate)
THIS INSTRUMENT made this __ day of ,200 , by and between
(hereinafter "Grantor") and the CITY OF
BREMERTON, a Washington municipal corporation of Kitsap County, State of Washington
(hereinafter "Grantee").
WITNESSETH that Grantor for and in consideration of mutual benefits derived and/or other
valuable consideration, receipt of which is hereby acknowledged by Grantor, do by these presents grant,
bargain, sell, convey, and confirm forever unto Grantee, its successors and/or assigns, an odor easement
for air emissions from the Wastewater Treatment Plant on or over the following described property
situated in Kitsap County, Washington, more particularly described as follows:
SEE EXHIBIT" "ATTACHED
ODOR EASEMENT (Corporate) - Page I of 2
EXHIBIT A
This easement shall be a covenant running with the land, and shall bind Grantor's successors and
assigns and all future owners of the real property affected by this easement.
GRANTOR:
By:
Its:
DATE:
STATE OF WASI-ffNGTON )
COUNTY OF KITSAP )
On this. day of ,200 , before me a Notary Public in and for the State
of Washington, personally appeared to me known to be the
corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act and
deed of the corporation, for the uses and purposes mentioned in this instrument, and on oath stated that
he/she/they was/were authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal
the day and year first above written.
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
APPROVED AS TO FORM:
ROGER A. LUBOVICH
City Attomey
ODOR EASEMENT (Corporate) - Page 2 of 2
EXHIBIT A