HomeMy WebLinkAbout9303050196
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Filed for Record at Request of:
Name Bremerton City Clerk
t(ITSAP COUr~T'{
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:ILE[J,-B\!: BREt'I1ERTOr~! CiTY {\~
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~'\A REr~ FL YttUi~, AUD IT Ci R
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When Recorded Return to:
Address
239 Fourth street
^=F~~: 9:~n~05n~96
RFFL. 0,'04 F'R (]t9:t:E5
Bremerton, WA. 98310
QUIT CLAIM DEED
(For Use in the state of Washington Only)
THE GRANTORS, CHARLES C. HASELWOOD and JOANNE L. HASELWOOD,
husband and wife, for and in consideration of transfer of property
and other valuable consideration, convey and quit claim to the CITY
OF BREMERTON, a municipal corporation, the following described real
estate, situated in the County of Kitsap, State of Washington,
including any interest therein which the GRANTORS may hereafter
acquire:
Lots 7, 8 and 9~ Block 14 Bremerton Heights, as per plat
recorded in Volume 3 of Plats, Page 41, records of Kitsap
County, Washington;
EXCEPT that portion deeded to State of Washington for SR3
by Auditor's File No. 987809.
DATED this 3 .~ day of
STATE OF WASHINGTON )
COUNTY OF KITSAP )
SSe
On this day, before me, the undersigned, a Notary Public in
and for the State of Washington, duly commissioned and sworn,
QUIT CLAIM DEED -1-
HASEL1.QCD - 3/3/93
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personally appeared Charles C. Haselwood and Joanne L. Haselwood,
husband and wife, to me known to be the individuals described in
and who executed the within and foregoing instrument, and
acknowledged that they signed the same as their free and voluntary
act and deed, for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this ~I day of
/Jt. /-( /1 ./ ~ , 1993.
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Notary Publlcln and for the state of
Washington, residing at .cr~ fI~ .
My appointment expires: '/1--/5'- q <-/.
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R~EL 0704 FR u9D6
NO. /~d ~
KITSAP COUNTY
TRANSACTION EXCISE T p,:J.
PP,iD MAR 5 1993
QUIT CLAIM DEED -2-
HASEL1.QCD - 3/3/93
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WEST HILLS\HMI\HASELWOOD ANNEXATION
CLOSING STATEMENT
CITY OF BREMERTON'S QUIT CLAIM OF PROPERTY TO HAS ELWOOD
CLOSING COSTS TO BE PAID BY CITY:
Title Insurance Premium -
Land Title Company
Recording Fee to Kitsap County
Auditor for Recording:
Easement $9.00
Quit Claim Deed 9.00
1% Excise Tax Affidavit
Processing Fees
(Kitsap County Treasurer)
TOTAL
HASELWOODS' QUIT CLAIM OF PROPERTY TO CITY
CLOSING COSTS TO BE PAID BY CITY:
Title Insurance Premium -
Land Title Company
Recording Fee to Kitsap County
Auditor for Recording Quit
Claim Deed
1% Excise Tax Affidavit
Processing Fee
(Kitsap County Treasurer)
TOTAL
$797.72
18.00
4.00
$819.72
$215.60
8.00
2.00
$225.60
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EXHIBIT "A"
That portion of the Northeast quarter of the Southeast
quarter of section 21, Township 24 North, Range 1 East,
W.M., in Kitsap County, Washington described as follows:
That portion of the following described tract lying West . ..
of Union Avenue:
"
Beginning 1328.83 feet East of the Northwest corner of
said Southeast quarter; thence South 146.65 feet; thence
East 330 feet; thence North 146.65 feet; thence West 330
feet to the Point of Beginning;
EXCEPT that portion thereof condemned by USA in USDC No.
711.
ALSO:
That portion of the Northeast quarter of the Southeast
quarter of section 21, Township 24 North, Range 1 East,
W.M., in Kitsap County, Washington, described as follows:
Beginning 146.65 feet South and 1328.83 feet East of the
Northwest corner of said So~theast quarter; thence South
132 feet; thence East 330 feet; thence North 132 feet;
thence West 330 feet to the Point of Beginning;
EXCEPT that portion lying East of Union Avenue;
EXCEPT Union Avenue;
AND EXCEPT that portion condemned by USA in USDC No. 711.
ALSO:
That portion of the Northeast quarter of the Southeast
quarter of section 21, Township 24 North, Range 1 East,
W.M., in Kitsap County, washington, described as follows:
Beginning 278.65 feet South and 1328.83 feet East of the
Northwest corner of said Southeast quarter; thence South
132 feet; thence East 330 feet; thence North 132 feet;
thence West 330 feet to the Point of Beginning;
EXCEPT that portion lying East of Union Avenue.
1
AND ALSO:
That portion of Government Lot 1, Section 28, Township 24
North, Range lEast, W.M., in Kitsap County, Washington,
described as follows:
J
,
Beginning at the Section corner common to sections 21,
22, 27 and 28 of ~aid Township and Range; thence South
15051'34" West 30 feet; thence North 88015'53" West
957.38 feet to the True Point of Beginning; thence
continuing North 88015'53" West 373.78 feet; thence South
1005'03" West 315 feet; thence running Northeasterly
485.90 feet to the True Point of Beginning;
EXCEPT those portions of right of way deed to Ki tsap
County for 3rd Street under Auditor's File NO.
7810160129.
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cc CO) tPY EASEMENT {d _ .
THIS AGREEMENT, made and entered into this6 day Of.r:t::f~
1993, by and between the CITY OF BREMERTON, a first class municipal corporation,
(hereinafter referred to as "City"); and CHARLES C. HASELWOOD and JOANNE L.
HASELWOOD, husband and wife, (hereinafter referred to as "Grantee").
FOR AND IN CONSIDERATION of the mutual promises and benefits contained
herein and for other valuable consideration, the receipt of which is hereby acknowledged,
the City, Grantor, and Grantee hereby agree and covenant as follows:
1. GRANT OF EASEMENT:
City does hereby convey and quit claim to Grantee an easement for purposes of
constructing and maintaining a retention slope upon the south 20 feet of the following
$9,OC/ITSAP COUNr{ CY:]:;
FILED-BY: BREMERTON CITY OF
MAR 5, 1993; 1:50 PM
Lots 13 through 21, inclusive, Block 11; KAREN FLYlJN~ AUDITOR
CLERh: LOGAN
EXCEPT that portion deeded for Roosevelt Blvd. all of Blocks 19,20 and 29
and that portion of Blocks 12, 18, 21 and 28, lying Southerly of Roosevelt
Blvd.;
described property:
ALSO TOGETHER WITH all vacated streets as per Commissioner's Journal
10-55, all in Plat of Ole Hanson's Navy Yard Addition, as recorded in Volume
4 of Pats, Page 56, records of Kitsap County, Washington.
2. EASEMENT TO RUN WITH THE LAND:
The City and Grantee intend that this Agreement shall be a covenant running with
the land described above and shall be binding upon Grantee's and City's successors in
interest.
3. ENTIRETY:
A_Fc#: 9303050194
REEL 0704 FR 0899
This Agreement constitutes the entire agreement and understanding between the
parties hereto. There are no other agreements or understandings, either written or oral,
EASEMENT -1-
HASEL.EAS - 3/3/93
.'
" \ which modify or have any effect upon this Agreement.
IN WITNESS WHEREOF, this Agreement has been duly executed by the parties
hereto, to be effective on the day and year first above written.
CITY ~ptf1:
LOUIS MENTOR, Mayor
GRANTOR
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NO. / 6;;(1
KIT.SAP ''::(;UNTY
n~AN~:.j.\cn"ii..J EXCISE TAX
PA~() MA R 5 1993
.""'MOUN: Ju'Y7~
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GRANTEE
STATE OF WASHINGTON )
ss.
COUNTY OF KITSAP )
On this day personally appeared before me Louis Mentor, Bremerton City Mayor,
and Kathleen L. McCluskey, Bremerton City Clerk, of the City of Bremerton, the municipal
corporation described in and that executed the within and foregoing instrument, and
acknowledged said instrument to be the free and voluntary act and deed of said corporation,
for the uses and purposes therein mentioned, and on oath stated that they were authorized
EASEMENT -2-
HASEL.EAS - 3/3/93
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to execute said instrument on behalf of said corporation.
GIVEN under my hand and official seal this Yz,?( day of
;0O/t/~
1993.
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Notary Public in and for the State of Washington
residing at C.:;r ~ hi aA)--C.fJ--'--
My appointment expires: / /r /.?' 9' Y
STATE OF WASHINGTON )
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REEL 0704 FR 090~
ss.
COUNTY OF KlTSAP )
On this day personally appeared before me CHARLES C. HASELWOOD and JOANNE
L. HASELWOOD, husband and wife, to me known to be the individuals described in and
who executed the within foregoing instrument, and acknowledged that they signed the same
as their free and voluntary act and deed, for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this '3 ./1-01 day of
m Cut/ ~
1993.
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EASEMENT -3-
HASEL.EAS - 3/3/93
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EXHIBIT. "A'.
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WEST .HILLS ANNEXATION
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U""".I:'''"''A'-'---- ..--o...__A.-....~ -------- -----
Auditor's #9210270094
Reel 0679 FR 1042
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ANNEXATION AGREEMENT
(C(Q){P'V
WEST HILLS
HMI/HASELWOOD
THIS AGREEMENT between the undersigned owners of real property within Kitsap
County, Washington, and located within the West Hills annexation area depicted and
described in Exhibit "A" & "B" respectively attached hereto and adopted by reference
herein, (hereinafter "Annexation Area") and the City of Bremerton (hereinafter "City") a
municipal corporation. In consideration of the mutual covenants set forth herein, the parties
do hereby promise and agree as follows:
1. Annexation. Owners, by signing below, grant to the City of Bremerton a Limited
Power of Attorney to include this Agreement as Owners I consent to the annexation of a
portion or all property within the Annexation Area owned by the Owners on the date of this
Agreement, as part of any Notice of Intent or Petition for annexation of all or any portion
of the Annexation Area presented to the City Council of Bremerton. The properties for
which this Limited Power may be used are listed under Section 6.
The annexation proposed or supported by this Power may include a proportional
share of the City's existing indebtedness by the area to be annexed. The Petition for
Annexation shall require the concurrent adoption of land uses designated in any urban
fringe comprehensive plan approved for the annexation area pursuant to RCW 35.13 .177,
or if none has been adopted, the land uses for annexed property as set forth in the
Bremerton Zoning Code as amended.
HMI.AGT - 9/23/92
$42.00KITSAP COUNTY CHCK
FILED-BY: BREMERTON CITY OF
NOV 20, 1992, 12:50 PM
KAREN FLYNN, AUDITOR
CLERK: GILMORE
A.F.#: 9211200143
REEL 0685 FR ~17b
ANNEXATION AGREEMENT
WEST HILLS - HMI/HASELWOOD -1-
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2. Services.
The City will initiate a comprehensive utility plan for future needs of the Annexation
Area and Auto Center area upon execution of this agreement and complete this plan within
six months. Thereafter, the City shall make sanitary and water services available to owners'
properties under existing conditions and City regulations for system improvements.
3. Cash Payment. ftttL.. =D=06A~1 ~oql~~
~~
The City will pay Owners,- and Ioanne Haselwood the sum of One Hundred
Six,Thousand and 00/100 Dollars ($106,000).
4. Property Transfers.
A. The City will execute an easement for retention slope upon the south 20 feet of
the following described property commonly known as R~servoir #4:
Lots 13 thru 21 of Block 11, Except that portion deeded for Roosevelt Blvd.
ALSO, All of Blocks 19,20, and 29.
ALSO, That portion of Block 12, 18,21, and 28, lying southerly of Roosevelt
Blvd. -
ALSO, together with all vacated streets as per Comm. II. 10-55. All in the
Plat of Ole Hansons Navy Yard Addition, as recorded in Vol. 4, page 56, of
plats, Records of Kitsap County, Washington.
B. The City will quit claim to Owners, Charles and Ioanne Haselwood, three parcels
of surplus City property (Union Avenue property) legally described as follows:
That portion of the NE1/4 of the SE1/4 Section 21 T24N, RIE, WM
conveyed by Vol. 612 pg. 543 described as follows: That portion of the
following described tract lying west of Union Ave; Beginning 1328.83 feet east
of the NW comer of said SE 1/4; thence south 146.65 feet; thence east 330
feet; thence north 146.65 feet; thence west 330 feet to POB Except that
portion thereof condemned by USA in USDC No. 711
ALSO
Also that portion of the NE1/4 of the SE1I4 Section 21 T24N, RIE, WM
conveyed by AUD. File No. 11~4713 described as follows: Beginning 146.65
ANNEXATION AGREEMENT
WEST HILLS - HMI/HASELWOOD -2-
HMI.AGT - 9/23/92
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feet south and 1328.83 feet east of the NW comer of said SE1I4; thence
south 132 feet; thence east 330 feet; thence north 132 feet; thence west 330
feet to POB, Except that portion lying east of Union Ave.,
Except Union Ave. and Except that portion condemned by USA in USDC
No. 711.
ALSO
ft~L#o68~1~OYl;g
That portion of the NE1I4 of the SE1I4 of Section 21, T24N, RIE, WM
described as follows: Beginning 278.65 feet south and 1328.83 feet east of the
northwest comer of said SE1I4; thence south 132 feet; thence east 330 feet;
r
thence north 132 feet; thence west 330 feet to the POB, Except that portion
lying east of Union, Ave.
C. The City will convey by quit claim deed to Owners, Charles and Joanne
Haselwood, a parcel of utility real property legally described as:
That portion of Gvt. Lot 1 Section 28, T24N RIE, W. M. in Kitsap County,
Wash., Described as follows:
Beginning at the section comer common to sections 21,22,27 and 28 of said
Township and Range; thence S15051 '34"W 30 feet; thence N88015'53"W
957.38 feet ~o the TPOB; thence continuing N88015'53"W 373.78 feet; thence
SI005'03"W 315 feet; thence running northeasterly 485.90 feet to the TPOB,
except those portions of right-of-way deed to Kitsap County for 3rd Street.
D. Owners, Charles and Joanne Haselwood, will convey by quit claim deed the
following described property (detention pond):
Lot 7 thru 9 of Block 14, Plat of Bremerton Heights as recorded in Vol. 3
page 45 of Plats, Records of Kitsap County, Washington. Except that portion
deeded for State Highway SR3.
5. Release of Interest.
The City agrees to forward a letter or other form of declaration required by the State
Department of Transportation releasing any interest the City may have in acquiring excess
State right-of-way along the west side of SR#3, situated immediately north of Werner Road
between the south bound SM3 off ramp and Auto Center Way and immediately south of
ANNEXATION AGREEMENT
WEST HILLS - HMI/HASELWOOD -3-
HMI.AGT - 9/23/92
,
Werner Road between the south bound on-ramp and Oyster Bay Avenue.
6. Settlement of Claims.
A. Owners agree to record an odor easement allowing potential encroachment of
odors onto Owners' property included under Section 9 generated by the City of Bremerton' s
. .
sewer treatment and collection system at a level of odor emissions . commensurate with
design parameters of the Bremerton treatment plant and collection system and annual plant
flows at 1992 level. All properties conveyed from the City according to Section 3 of this
agreement shall be sold subject to this easement.
Lease or rental of any parcel included under Section 9 or conveyed under Section 3
shall include notice that said leasehold is subject to this odor easement.
B. Owners agree to release the City of Bremerton from all claims subject to
litigation in Kitsap County Superior Court Cause No. 89-2-01565-1, to withdraw from said
litigation as plaintiffs, and to release and hold harmless the City from any and all causes of
actions or claims for personal injury or property damage occurring prior to the date of this
agreement arising out of or relating to the construction, siting, design or operation of the
Bremerton wastewater treatment plant and collection system.
7. Implementation.
A.F.#: 9211200~43
REEL 0685 FR 1179
A. The City of Bremerton shall have only until 5:00 p.m.on the 30th day following
the date of Owners I signature below to accept this Agreement by delivering a signed copy
thereof to Owners. If the City of Bremerton does not so deliver a signed copy within said
period, this Agreement shall lapse and all rights of the parties hereunder shall terminate.
. B. The parties agree to cooperate in executing any deeds, easements, pleadings or
other instruments necessary to affect the provisions of this agreement. Closing costs and
ANNEXATION AGREEMENT
WEST HILLS - HMI/HASEL WOOD -4-
HMl.AGT - 9/23/92
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standard AL T A title insurance shall be paid' by the City. Properties shall be free of
encumbrances, except road and utility easements recorded prior to Owners' execution of this
Agreement, the easement described under Section 5 and other encumbrances approved by
the respective grantee.
8. Indemnity.
A.F.#: 92~~200143
REEL 0685 FR 1180
The City agrees to defend Owners in any suit or appeal arising out of or contesting
any annexation utilizing the power granted in this agreement, and City will indemnify and
hold Owners harmless from any judgments, costs or expenses awarded in such action.
9. Covenants.
The undersigned further agrees that this agreement and the promises made herein
shall not merge, but shall survive closing of property transfers and shall constitute a
covenant running with the land encumbering parcels listed in Section 9 and shall be binding
upon the undersigned and his heirs, successors, and assigns, and that this agreement shall
be filed for record in the office of the Kitsap County Auditor.
10. Properties - Ownership Interest in HMI & Haselwood.
See exhibit "C"
11. Previous Agreements Superceeded.
This agreement supercedes all previous agreements entered into between the parties;
in particular, it supercedes that Annexation Agreement signed by Charles Haselwood on
September 23, 1992, by Joanne Haselwood on September 24, 1992 and by the City 0"
October 2, 1992.
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ANNEXATION AGREEMENT
WEST HILLS - HMI/HASELWOOD -5-
HMI.AGT - 9123/92
. ;
HMI CORPORATION:
Dated: /0 - ~ 0 - 9 'J-
t?~64/ tktt:/TI7(
President
Dated: JD -30-9;)
STATE OF WASHINGTON )
: ss.
COUNTY OF KITSAP
)
ft~~~#06~~1~fioYt~~
On this 21) day of bCJ+ob€-~ , 19q~ before me, the undersigned,
a Notary Public in c1-}~~ (he ~ 9f. WAWjfgton, duly commissio~~d sworn
personally appeared e.S 3~~ , the ent-, and
, respectively, of HMI Corporation, the corporation that executed the foregoing
instrument, and acknowledged the said agreement to be the free and voluntary act and deed
of said corporation, for the uses and purposes therein mentioned, and on oath stated that
he/she/they is/are authorized to execute the said instrument.
WITNESS my hand and official seal hereto affixed the day and year in this certificate
written.
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Notary u lie in and for ~tate~
Washingoon, residing at _. '0F
Myappomtment expIres:
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Dated: / ()::- ~ lJ -1 J--
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Dated: It) ~ 3D '1.).-
ST ATE OF WASHINGTON )
: ss.
COUNTY OF KITSAP )
On this '?JD day of Dc+o be, , 19~, before me, the undersigned,
a Notary Public in and for the State of Washington, duly commissioned and sworn
ANNEXATION AGREEMENT
WEST HILLS - HMI/HASELWOOD -6-
HMI.AGT - 9/23/92
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personally appeared rt'oy-l~ and -Jnf)(jf ~GS.€l~me known to be
the individuals described in and who executed the foregoing instrument, and acknowledged
to me that they signed and sealed the said instrument as a free and voluntary act and deed
for the uses and purposes therein mentioned.
\ ~. '~T~S my hand and official seal hereto affixed the day and year in this certificate
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CITY OF BREMERTON:
Dated:
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LOUIS MENTOR, MA YOR
ATTEST:
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KATHLEEN McCLUSKEY, Clerk
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AS TO FORM:
IAN R. SIEVERS', City "Attorney
STATE OF WASHINGTON )
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COUNTY OF KITSAP )
On this s-Ji day of I~ 0 lJet416~ ,199~efore me, the undersigned,
a Notary Public in and for the State of Washington, duly commissioned and sworn
personally appeared Louis Mentor, Mayor and Kathleen McCluskey, Clerk, of the City of
Bremerton, the municipal corporation that executed the foregoing instrument, and
acknowledged the said agreement to be the free and voluntary act and deed of said
corporation, for the uses and purposes therein mentioned, and on oath stated that they are
authorized to execute the said instrument.
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ANNEXATION AGREEMENT
WEST HILLS - HMI/HASELWOOD -7-
HMI.AGT - 9/23/92
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WITNESS my hand and official seal hereto affixed the day and year in this certificate
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written. ?,-E.H["\ ;: ,.~
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,;t ~ .::,;' , ., .' ,t,/oe ':? 'I otary Pub IC In an or t e tate 0
If 2{ icY 'IUI!ii?Yt"..~ I Washington, residing at 8~,v
~ i ..-r i :z ~ 'My appointment expires: cJ ( 9'
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ANNEXATION AGREEMENT
WEST HILLS - HMI/HASELWOOD .,,8-
HMI.AGT - 9/23/92
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