HomeMy WebLinkAboutOYSTER BAY PROPERTY
PURCHASE AND SALE AGREEMENT
THIS AGREEMENT is made and entered into this /5 day of ~ fl1 (ver,-1998, by
and between the City of Bremerton, a municipal corporation (the "Seller") a d Rodney R. Parr
and Linda J. Parr, husband and wife (the "Purchaser").
I. RECITALS
A. Seller is the owner of the Land and Improvements (as defined below) located in Kitsap
County, Washington.
B. Seller desires to sell and Purchaser desires to purchase the Land and Improvements upon
the terms and conditions hereinafter set forth for the intended purpose of the sale of new and
used automobiles and related repair and servicing.
II. AGREEMENT
NOW, THEREFORE, based upon the mutual considerations set forth herein, Seller and
Purchaser agree as follows:
1. Definitions. For purposes ofthis Agreement:
"Agreement" means this Agreement and all Exhibits and Schedules thereto, and
incorporates herein by reference, as if fully set forth, the City's Request for Proposals to Purchase
Municipal Property at State Highway 3 and Oyster Bay Avenue, and Buyer's Response submitted
March 2, 1998, less financial information provided by Buyer. In the event of a conflict between
provisions in the Request For Proposal, Response, or this Agreement, the terms of this Agreement
shall control.
"Closing" and the "Closing Date" have the respective meanings assigned thereto in Section
6.1 hereof;
"Earnest Money" has the meaning assigned thereto in Section 5 hereof;
"Improvements" means all of the City's interest in improvements which the City has an
interes which are located on the Land;
"Land" means the land described in Exhibit "A" hereto;
"Permitted Exceptions" has the meaning assigned thereto in Section 7.3 hereof;
"Purchase Price" has the meaning assigned thereto in Section 3.1 hereof;
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"Property" means the Land and all Improvements, Seller's interest in any offsite easements,
covenants and other rights appurtenant to the Land;
"Title Company" shall be Land Title of Kit sap County; and
"Title Policy" has the meaning ascribed thereto in Section 10.5 hereof.
2. Contract of Sale. On the Closing Date, Seller shall sell the Property to Purchaser and
Purchaser shall purchase the Property from Seller, at the price and upon the terms and conditions
set forth in this Agreement.
3. Purchase Price; Payment Terms.
3.1 Purchase Price. The purchase price (the "Purchase Price") to be paid for the
Property shall be One Million, Nine Hundred Ninety-Three Thousand, Three Hundred and Five and
60/100's Dollars ($1,993,305.60).
3.2 Payment Terms. Purchaser shall pay the entire purchase price at closing. Purchaser
shall receive a credit against the purchase price as provided in paragraph 4.1 herein.
4. Post Closing Performance. As a material inducement to Purchaser's execution of this
Agreement, Seller agrees to perform the following post-closing obligations:
4.1 Relocation of Existing Utility Lines. Vacation of Rights of Way and Retention of
Easements. Seller shall, at Seller's sole expense, reroute from the right of way of"G" Street to the
former right of way for "H" street on the Property the sanitary sewer line. Upon rerouting the
above identified sanitary sewer line, Seller shall cap and abandon the existing sanitary sewer line in
"G" Street in compliance with all applicable law, and vacate the "G" Street right-of-way and all
easements in favor of the Seller therein to Purchaser, retaining as necessary easement rights for
existing utility lines and utility lines to be relocated by the Seller pursuant to this paragraph. Upon
application by Purchaser consistent with the terms of this Agreement, Seller shall further approve
and permit Purchaser's relocation, at Purchaser's sole expense, of the existing 18 inch diameter
storm water line from the right of way of "E" Street on the Property to a new location under and
along existing Oyster Bay Avenue and tying into the existing storm water line within the right of
way of "C" Street, using comparable 18 inch pipe. This relocation shall be in accordance with City
design and construction standards prior to City approval. Purchaser shall receive at closing a
$55,000.00 credit against the purchase price for undertaking the relocation of this storm water line.
4.2. Offsite Stormwater Detention Pond. Seller shall approve the relocation of the
existing stormwater detention pond (the "Northpond") at the North end of the Property (parcel 007-
00) into an offsite, Purchaser built and maintained combined detention facility (the "Combined
Pond") on Seller's adjacent property with stormwater improvements located as shown in Exhibit
"B". The Combined Pond will be sized to accommodate stormwater from the Northpond and
stormwater generated from the Property, with additional capacity to accommodate stormwater
generated by Seller from Seller's adjacent property, based upon the following:
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4.2.1. Capacity. The Combined Pond will have an estimated capacity of 80,000
cubic feet of storage, subject to final design review.
4.2.2. Release Rates. The Combined Pond release rates are based on existing storm
water runoff for the previous residential development on the Property. Taking into account that
previous runoff, the estimated storm event release rates shall apply:
Storm Event
2 year, 24 hour
10 year, 24 hour
100 year, 24 hour
Release Rate
4.3 cfs
6.9 cfs
10.7 cfs
4.3 Sign Approval. Upon application by Purchaser consistent with the terms of this
Agreement, Seller shall approve and permit onsite signage at the Property as described below and
in Exhibits C through G.
Quantity
Description
Exhibit
2
2
4
1
3
Ford Brand Sign
Mazda Brand Sign
Stone Entrance Sign
Electric Readerboard Sign
Used Car Superstore Signs
adjacent to southbound onramps
adjacent to State Route 3
C
D
E
F
G
Upon application by Purchaser consistent with the terms of this Agreement, Seller shall
further permit and obtain all necessary approvals for the following offsite sign described in Exhibit
"H" herein, located as shown in Exhibit "I":
Quantity
Description
Exhibit
1
Auto Center Directional Sign at the
NW corner of Auto Center Way
and Loxie- Eagan
H
Approval of the above described signs and locations is subject only to site plan approval
relating solely to public safety issues relative to the physical location of signs. The City does not
represent compliance with requirements of other jurisdictions, including appeal of City decisions.
4.4 Relocation of Earthen Mounds/Grading and Maintenance of Freeway Berm. Seller
shall use its best efforts to assist Purchaser, and Purchaser shall use its best efforts to obtain all
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required permits and approvals from the State of Washington and any other authority necessary to
allow grading and landscaping at Purchaser's expense of three existing earthen mounds, in
accordance with the Grading and Landscaping Plans attached in Exhibit "J." Seller shall further
use its best efforts to assist Purchaser, and Purchaser shall use its best efforts to obtain all required
permits and approvals from the State of Washington and any other authority to allow clearing,
grading and landscaping, with Purchaser's continuing maintenance of the berm located adjacent to
the Property in the right of way boundaries of State Route 3, in accordance with the Grading and
Landscaping Plan attached as Exhibit J.
4.5 Survival: Remedies: Injunctive Relief. The post-closing obligations imposed upon
Seller under this Section 4 shall survive closing. The parties agree that Seller's failure to use
absolutely all best efforts to complete Seller's post closing obligations could cause irreparable
damage to Purchaser. Consequently, Seller agrees that in the event of Seller's failure to use
absolutely all best efforts and devote all available resources to the completion of Seller's post
closing obligations under of this Agreement, Purchaser or Seller may, at its option, in addition to
any other remedies provided by law or otherwise, apply to any court of competent jurisdiction for
the entry of an immediate order to restrain or enjoin such failure or breach of said provisions and to
otherwise specifically enforce the provisions of this Agreement. Seller and Purchaser hereby
expressly waive the claim or defense in any such action that Purchaser or Seller has an adequate
remedy at law or in damages. Notwithstanding the foregoing, Purchaser may, at Purchaser's option,
also sue to rescind the sale and recover damages, or exercise any other remedies available at law or
in equity.
4.6 Limitation of Offsite Improvement Costs. Purchaser and Seller acknowledge that
proposed traffic improvements exist for the intersection of Oyster Bay Avenue and Werner Road
(the "Intersection Improvements") identified in a Traffic Study dated March, 1997 (the "Traffic
Study"), prepared by Parametrix, Inc. Purchaser recognizes that development of the Property will
impact the intersection and that construction of the Intersection Improvements (generally including
street widening, turn lanes, signalization, street lighting, sidewalks and drainage) will benefit the
Property. Purchaser further acknowledges that the City is developing improvements to the Werner
road corridor including the Intersection Improvements based upon certain "interim improvements"
identified in the Traffic Study. Seller agrees that Purchaser's future prorated share of the
Intersection Improvement's costs shall not exceed 4.0%. Purchaser agrees that payment of the
prorated Intersection Improvement costs shall be due upon either 1) approval of the first building
permit for development of the Property, or 2) within 30 days of award of a public works contract
for construction of the Intersection Improvements, whichever occurs first unless a mutually
agreeable alternative is agreed to in writing.
This section in no way limits or modifies the Buyer's responsibilities for any other on-site
or off-site improvements costs associated with development of the Property pursuant to Ordinances
and Policies.
5. Earnest Money. Upon joint execution of this Agreement by both Seller and
Purchaser, Purchaser shall deliver to Closer (as defined in paragraph 6) a check payable to the
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order of Seller, in the amount of Ten Thousand and nollOO's Dollars ($10,000) (the "Earnest
Money"). Such payment shall be credited against the Purchase Price at Closing.
6. Closing; Deliveries at Closing.
6.1 Time and Place. The closing of the transactions contemplated by this Agreement
(the "Closing") shall occur no later than 30 days following joint execution of this Agreement (the
actual date of Closing being referred to herein as the "Closing Date"). Closing shall take place
through an escrow at the offices of Land Title of Kit sap County (the "Closer").
6.2 Seller's Deliveries at Closing. At Closing, Seller shall deliver to Purchaser the
following items:
(a) a statutory warranty deed complying with RCW 64.04.030, conveying the
Property free and clear except for the Permitted Exceptions;
(b) any necessary resolutions or authorizations of Seller authorizing the sale of
the Property to Purchaser and the execution and delivery of the deed and all other documents and
instruments to be executed by Seller pursuant to this Agreement; and
6.3 Purchaser's Deliveries at Closing. At Closing, Purchaser shall deliver to Seller the
Purchase Price, and any documents required by this Agreement to be delivered by Purchaser.
6.4 Possession. Purchaser shall be entitled to full and complete possession of the
Property at Closing.
6.5 Prorations. At Closing the following items shall be prorated between the Seller and
Purchaser as of 12:01 A.M. on the date of Closing, and the Purchase Price shall be adjusted
accordingly:
(a) real estate taxes; and
(b) charges for water, sewer, steam, gas, electricity and other utility services and
cable television services, if any, on the basis of the fiscal period for which assessed or charged,
except that if any of such utility services are metered, apportionment at Closing shall be based on
the last available reading, subject to adjustment after Closing when the next reading is available;
6.6 Closing Costs. Seller shall pay the real estate excise tax and sales tax applicable to
the sale of the Real Property and the Personal Property and the conveyance of title to Purchaser, the
premium for the Title Policy and one-half of the escrow fees. Purchaser shall pay one-half of the
escrow fees. Each party shall bear its own attorneys' fees.
6.7 Demolition. Prior to Closing, Seller shall demolish and clear all existing structures
and debris located on tax parcel no. 4502-028-011-0003, address 1203 Bayview Drive, Bremerton,
Washington 98312. Purchaser agrees to accept the Property at closing with the existing structure in
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place at tax parcel number 4502-021-001-0000, address 904 Oyster Bay Avenue, Bremerton
Washington 98312, and accepts the structure located thereon in "AS IS" condition.
7. Title Examination.
7.1 Title Report. As soon as possible, and in any event within twenty-one (21) calendar
days after this Agreement has been executed by both Seller and Purchaser, Seller shall obtain from
the Title Company a current preliminary commitment for an AL T A standard coverage owner's
policy of title insurance (the "Title Report") covering the Property (showing Seller as the owner of
the Property) and a copy of all instruments referred to in said Title Report. The Title Report and
instruments shall be delivered to Purchaser by Seller immediately upon receipt.
7.2 Purchaser's Review. Purchaser shall have twenty (20) days (the "Review Period")
after its receipt of the Title Report to give notice to Seller of its approval of any exceptions listed on
the Title Report. Exceptions specifically approved by Purchaser shall be deemed to be Permitted
Exceptions (as that term is defined in Section 7.3). All exceptions as to which Purchaser does not
give notice of approval within the Review Period shall be deemed to have been rejected by
Purchaser. If Seller does not, within ten (10) days after the expiration of the Review Period, give
notice to Purchaser that Seller shall prior to closing remove all exceptions rejected by Purchaser
(exceptions evidencing or securing liquidated obligations to pay money which Purchaser is entitled
to remove at Closing pursuant to Section 7.3 hereof), then this Agreement shall automatically be
terminated and Seller or Closer, as the case may be, shall immediately return the Earnest Money to
Purchaser.
7.3 Condition of Title at Closing. Seller shall convey and Purchaser shall accept a good
and marketable title in fee simple, free and clear of all liens and encumbrances, easements,
restrictions, conditions, covenants, rights, rights-of-way, and other matters, subject only to the
following ("Permitted Exceptions"): (a) the rights and reservations expressed in the U.S. Patent to
the Land; (b) the lien of current real estate taxes not yet due and payable; (c) usual and ordinary
public utility easements for gas, electric, water, sewer, cable television and other utility lines,
except to the extent Purchaser in its reasonable judgment determines such easements to be
inconsistent with the Purchaser's proposed use of the Property and except any such utility
easements or utility lines located with the identified rights of way of "E" Street and "G" Street; (d)
zoning regulations and ordinances general to the district in which the Property is located which are
not violated by the present use or Purchaser's proposed use of the Property; (e) the disclosure,
waiver and release form attached hereto as Exhibit "K", and (f) such other title exceptions as may
be approved by Purchaser in accordance with Section 7.2. In the event that Seller shall have failed
as of Closing to remove any title exception, other than a Permitted Exception, evidencing or
securing a liquidated obligation to pay money, Purchaser may elect to terminate this agreement.
8. Seller's Representations and Warranties. Seller represents and warrants to Purchaser as
follows:
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8.1 Authority. Seller has the power to own all of its properties and assets and to carry
on its business as presently conducted. The execution, delivery and performance of this Agreement
has been duly and validly authorized by all necessary action of Seller and this Agreement is a valid
and binding obligation of Seller, enforceable against Seller in accordance with its terms.
8.2 Title. To the best of Seller's knowledge, there are no liens, encumbrances, leases,
security interests, easements, rights-of-way, charges, adverse claims, management agreements,
continuing contracts or other exceptions to title affecting title to the Property other than those
itemized in paragraph 7.3 herein.
8.3 No Defaults in Other Agreements. Neither Seller nor (to the best of Seller's
knowledge) any other party is in default under any agreement affecting the Property, and no event
exists which, with the passage of time or the giving of notice or both, will become a default
thereunder on the part of Seller or (to the best of Seller's knowledge) any other party thereto.
8.4 Compliance with Laws. Seller has no notice or knowledge that the Property or its
operation or use has failed to comply with any law, ordinance, regulation or order.
8.5 Physical Condition. Seller has no knowledge of any structural defects in the
improvements comprising any portion ofthe Property.
8.6 Environmental Compliance. To the best of Seller's knowledge after due and diligent
inquiry, no Hazardous Materials (as hereafter defined) are located on or about the Property.
Further, to the best of Seller's knowledge (i) the Property has not been previously used for the
storage, manufacture or disposal of Hazardous Materials; (ii) no complaint, order, citation or notice
with regard to air emissions, water discharges, noise emissions or Hazardous Materials, or any
other environmental health or safety matters affecting the Property, or any portion thereof, from any
person, governmental authority or other entity, has been issued to Seller or, to the best of Seller's
knowledge, after due and diligent inquiry, its predecessor-in-interest or any tenant on the Property
except for issues relating to the Metcalf and Eddy litigation; (iii) there are no underground storage
tanks located on the Property; (iv) Seller has complied with all federal, state and local
environmental laws and regulations affecting the Property; and (v) to the best of Seller's
knowledge, no tenant located on the Property uses, manufactures or stores Hazardous Materials on
the Property in violation oflaw.
"Hazardous Materials" means any item included in the definition of hazardous or toxic
waste, materials or substances under any present local, state and federal law relating to the
environment and environmental conditions.
8.7 Zoning. The Property is currently zoned and will remain after closing to be zoned
for Purchaser's intended use of the Property for retail sales of new and used automobiles and
related services.
9. Seller's Covenants. From and after the date of this Agreement and continuing through
Closing, Seller agrees with Purchaser as follows:
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9.1 Risk of Loss. Seller shall retain the risk of loss to the Property by fire or other
casualty until the deed of conveyance is delivered to Purchaser. If a loss occurs, Purchaser may
elect to proceed with Closing, in which event Seller shall assign to Purchaser all of Seller's rights to
insurance proceeds payable in respect of such loss, including the sole right to settle or approve the
settlement of any insurance claim, and the Purchase Price shall be reduced by the amount of any
deductible and by the amount of any proceeds paid to Seller that are not used for repair and
restoration of the Property in a manner approved by Purchaser. Purchaser shall have twenty (20)
days after notice of the event to notify Seller as to whether Purchaser elects to proceed with
Closing. During such 20-day period, Seller shall cooperate and use its best efforts to provide
Purchaser with all information reasonably necessary to evaluate the loss.
9.2 Eminent Domain. If all or any part of the Property is condemned or if
condemnation proceedings are instituted, Purchaser may elect to proceed with Closing without an
adjustment in price, in which event Seller shall assign to Purchaser all its rights to the
condemnation proceeds, including the sole right to settle or approve the settlement of any
condemnation award. Purchaser shall have twenty (20) days after notice of the institution of
condemnation proceedings to notify Seller as to whether Purchaser elects to proceed with Closing.
During such 20-day period, Seller shall cooperate and use its best efforts to provide Purchaser with
all information reasonably necessary to evaluate the scope of the condemnation proceedings.
9.3 Representations and Warranties at Closing. Seller shall use its best efforts to ensure
that the representations and warranties of Seller contained in this Agreement are true and correct as
of Closing. Seller shall promptly notify Purchaser if any of such representations and warranties
become untrue or incorrect prior to Closing.
10. Conditions to Purchaser's Obligation to Close. In addition to any contingencies listed in
Section 6 above, the obligation of Purchaser to close hereunder shall be subject to the satisfaction of
the following conditions (all or any of which may be waived, in whole or in part by Purchaser in
writing):
10.1 Representations and Warranties True at Closing. The representations and
warranties made by Seller in this Agreement shall be true in all material respects as of Closing with
the same force and effect as though such representations and warranties had been made or given on
and as ofthe date of Closing.
10.2 Compliance with Agreement. Seller shall have performed and complied with all its
obligations under this Agreement which are to be performed or complied with by it prior to or at
Closing.
10.3 No Damage to Property. The physical condition of the Property shall be as required
by this Agreement.
10.4 Title. Title to the Land and Improvements shall be good and marketable in fact and
of record, subject only to the Permitted Exceptions.
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10.5 Title Policy. The Title Company shall be irrevocably committed to issue to
Purchaser an AL T A standard coverage owner's policy of title insurance, with such reinsurance as
Purchaser may reasonably request, in an amount not less than the Purchase Price, insuring
Purchaser's good, marketable and indefeasible title to the Real Property in fee simple absolute,
subject only to the Permitted Exceptions and standard printed exceptions contained in the ALTA
standard coverage owner's policy form (the "Title Policy").
10.6 No Condemnation. There shall be no pending or threatened condemnation or taking
of any part of the Real Property or any means of ingress or egress thereto, other than a minor street
widening, or other immaterial taking, which, in Purchaser's judgment, does not adversely affect the
Real Property.
11. Conditions to Seller's Obligation to Close. The obligation of Seller to close hereunder
shall be subject to satisfaction of the following conditions (all or any of which may be waived, in
whole or in part, by Seller in writing):
11.1 Representations and Warranties True at Closing. The representations and
warranties made by Purchaser in this Agreement shall be true in all material respects as of Closing
with the same force and effect as though such representations and warranties had been made or
given on and as of the date ofthe closing.
11.2 Compliance with Agreement. Purchaser shall have performed and complied in all
material respects with all its obligations under this Agreement which are to be performed or
complied with by it prior to or at Closing.
12. Broker/Consultant. Seller represents to Purchaser that Seller has engaged Pollock &
Company as consultant in connection with this transaction, and that Seller is solely responsible for
all fees associated with the services of Pollock and Company as consultant. Seller and Purchaser
jointly represent to each other that neither has engaged the services of a real estate agent or broker
in this transaction to whom any real estate commission might be due.
13. Failure of Seller or Purchaser to Perform.
13.1 Purchaser's Remedies. If Seller shall default in the performance of its obligation
under this Agreement to sell the Property to Purchaser, then Purchaser shall have the right to either
(i) institute an action for all damages suffered by Purchaser, including without limitation, the loss of
its bargain, or (ii) institute an action for specific performance to enforce Seller's obligation under
this Agreement to convey title to the Property and for incidental damages.
13.2 Seller's Remedies. If Purchaser shall default in the performance of its obligation
under this Agreement to purchase the Property from Seller, then Seller shall have the right to retain
the Earnest Money as liquidated damages for all damages suffered by Seller, including without
limitation, the loss of its bargain, which shall be Seller's sole and exclusive remedy.
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14. Termination. This Agreement may be terminated only by the mutual written consent of
the parties. In the event of such termination, all obligations of the parties to each other shall
terminate and the Earnest Money Note shall promptly be returned to Purchaser.
15. Indemnification. Seller and Purchaser agree to indemnify each other and hold each other
harmless against and in respect of any loss, damage, liability, deficiency, cost or expense (including
reasonable attorneys' fees), whether direct, contingent or consequential, which Purchaser or Seller
may sustain or incur as the result of any misrepresentation, breach of warranty or non-fulfillment of
any covenant or agreement on the part of Seller or Purchaser under this Agreement.
16. Miscellaneous Provisions.
16.1 Survival. The representations, warranties, covenants, indemnities and other
obligations of Seller set forth in this Agreement shall survive Closing and the delivery of the deed
by Seller.
16.2 CounteIlJarts. This Agreement may be executed in two or more counterparts, each
of which shall be deemed an original, but all of which together shall constitute one and the same
instrument.
16.3 Time of the Essence. Time is of the essence of this Agreement.
16.4 Attorneys' Fees. In the event of a dispute arising out of the interpretation or
enforcement of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees.
16.5 Entire Agreement: Amendment. This Agreement sets forth the entire agreement of
the parties as to the subject matter hereof and supersedes all prior discussions and understandings
between them. This Agreement may not be amended or rescinded in any manner except by an
instrument in writing signed by a duly authorized officer or representative of each party hereto.
16.6 Severability. Should any ofthe provisions of this Agreement be found to be invalid,
illegal or unenforceable by any court of competent jurisdiction, such provision shall be stricken and
the remainder of this Agreement shall nonetheless remain in full force and effect unless striking
such provision shall materially alter the intention of the parties.
16.7 Notices. All notices or requests required or permitted under this Agreement shall be
in writing; shall be personally delivered or sent by certified mail, return receipt requested, postage
prepaid; shall be deemed given when so delivered or mailed, irrespective of whether such notice or
request is actually received by the addressee, and shall be sent to the parties at the addresses set
forth adjacent to their signatures below. Either party may change the address to which notices shall
be sent by notice to the other party.
16.8 Successors and Assigns. This Agreement shall be binding upon, and inure to the
benefit of, the parties hereto and their respective successors and assigns. Purchaser shall have the
absolute right to assign its rights and responsibilities under this Agreement to any entity in which
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Purchaser is the majority owner. The term "Purchaser" as used in this Agreement shall be deemed
to include the assignee under any such permitted assignment.
16.9 Governing Forum. This Agreement shall be governed by, and construed and
enforced in accordance with, the laws of the State of Washington. Jurisdiction and exclusive venue
shall be in Kitsap County Superior Court.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
first above written.
SELLER:
CITY OF BREMERTON
PURCHASERS:
BY:~ A,~L
ts: ~
~Q,Q
RODNEYR.P~
~ ~. fJ~
LINDA J. PARR II
Address:
Address:
c/o Parr Ford, Inc.
PO Box 399
Bremerton, WA 98337-0082
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LIST OF EXHIBITS AND SCHEDULES
EXHIBITS
A Legal Description
B Drawing and Specifications for Stormwater Detention Facility
C Ford Brand Sign
D Mazda Brand Sign
E Stone Entrance Sign
F Electric Readerboard Sign
G Offramp Signs
H Oyster Bay Avenue Sign
I Sign Location Map
J Landscaping Design
K Disclosure and Waiver Notice
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EXHIBIT A
LEGAL DESCRIPTION
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~ei'ghts ,:except<that,!"orti9I'l conveyed to, the State
of. Washington' for highway ,purposes 'upder Audi tor's
File No ~.' 1000761; and except the. north 10 feet of'
'. . said Lot 12,. as' per" plat re9orded.:in Volume 3 of
Plats, . Page 41, Records i of Ki tsap County,
Washington. .
(4) Bremerton. Heights' (1203 Ba:yview) :,
. . . . .
'. Lots 11
.. .
'. accord:ing
41;
and' 12 , .'~' Block. 28~' Bremerton Heights,
to the "'Plat. recorded 'in. Volume: 3, Page
Except tha,t, portion of above property taken for
State highway.
Lot 23 , Block 28, Bremerton Heights, according to
Plat recorded in Volume 3, Page 41, Records of
Kitsap County, Washington;
Except that portion of above property taken for
State highway.
Lot 24, Block 28, Bremerton
PIa t recorded in Volume 3 ,
Kitsap County, Washington;
Heights, according to
Page 41, Records of
Except that portion of above property taken. for
State highway.
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EXHIBIT "B"
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APPOXIMA TE VOUME z: 80,000 C.F.
SIZED TO REPLACE TIIE WEST HILLS DETENTION
POND AND TO PROVIDE DETENTION FOR TIIE
SURPLUS PROPERTY AND FUTURE TREATMENT
PLANT EXPANSION.
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April 28, 1998
PROPOSED SIGN LOCATIONS
(A) 3- USED CAR SIGNS
(B) 2- FORD BRAND SIGNS
(C) 2- MAZDA BRAND SIGNS
(D) 1- ELECTRIC READERBOARD SIGN
(E) 4- DRIVEWAY ENTRANCE SIGNS
(F) AUTO CENTER DIRECTIONAL SIGN
, (B) 2- FORD BRAND SIGNS
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OYSTER BAY COMME'RCIAL PROPERTY
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111111 1111111111111111
LAND TITLE CO ESMT $15,~~
3164352
Page · 1 of t:
~3i/ 18,/ 1888 ~4 16F'
Ki t.sap Co.' ~~A
FILED FOR RECORD AT REQUEST OF:
City ofBremerton
Legal Department
239 4th Street
Bremerton, Washington 98337 C ( 2. S3 '-( '8
RESERVATION OF UTILITY EASEMENTS
Assessor's Property Tax
Parcels:
CITY OF BREMERTON
Portion ofBlock(s) 14,20,21,24,25,28 and Vacated
D,E,F,G,H,Streets and Portion of Bayview Avenue,
Bremerton Heights, Volume 3, Page 41
See Exhibit "A" '150:;" - 0 ~O- 6ol-uoD;)... . -' .
I~ fY.h, bil- A
EXCISE TAX EXEMPT MAR 1 9 1999
OWNER:
Short Legal:
LEGAL DESCRIPTION:
All ofBlock(s) 14,20,21,24,25 and 28, Bremerton Heights, according
to the Plat recorded in Volume 3 of Plats, Page 41, Records of Kitsap
County, Washington, lying Southwesterly and westerly ofthe Westerly
right-of-way ofSR No.3;
AND together with vacated streets D,E,F,G,H and that portion ofBayview
Avenue between C Street and E Street by City of Bremerton Ordinance
No. 4621 and Recorded under Auditor's File No. 3065436;
EXCEPT Mobile Home, if any, located thereon.
Attached as Exhibit "B" is a map depicting the Easement Areas within the property.
The map shall be the controlling document as to placement of the Easement Areas.
The City ofBremerton, a Municipal Corporation, owner ofthe above-described real
property (Property) hereby reserves for the purposes hereinafter set forth, perpetual
easements over, under, along and across and through the legally described property, upon
portions of the Property (Easement Areas) described as follows:
WATER EASEMENTS
That portion of vacated (A.F. # 3065436) "H" Street (formerly 6th
Avenue of said Plat), a 40 foot width, lying easterly of Oyster Bay
Avenue and Westerly of the SR 3 right-of-way.
RESERVATION OF UTILITY
EASEMENTS - 1
~.
That portion of"C" Street (formerly 1 st Avenue per said
Plat), a 30 foot width, lying easterly of Oyster Bay Avenue
and westerly of Bayview Drive, together with the South 10
feet of Lots 25 thru 34 of Block 28, of said Plat.
1. PURPOSE: Owner City of Bremerton reserves the right to construct, operate,
maintain, repair, replace, improve, remove, enlarge a water main as part of the City's
Municipal Water System in the above-described Easement Areas.
STORMW A TER EASEMENTS
The vacated Bayview Drive right-of-way as recorded
in Commissioners Journal 15, page 371, records of Kit sap
County, Washington (formerly County Road No. 22)
That portion of"C" Street (formerly 1 st Avenue per said
Plat), a 60 foot width, lying westerly of the SR3 right-of-way
and running westerly 40 feet thereof.
1. PURPOSE: Owner City of Bremerton reserves the right to construct, operate,
maintain, repair, replace, improve, remove, enlarge stormwater mains as part ofthe City's
Municipal Stormwater System in the above-described Easement Areas.
SEWER EASEMENTS
That portion of vacated (AF. #3065436, Ordinance # 4621) "D"
Street (formerly 2d Avenue per said plat), the southerly 40 foot width,
lying easterly of Bayview Drive and westerly ofthe SR3 right-of-way.
The vacated Bayview Drive right-of-way as recorded in Commissioners
Journal 15, page 371, records of Kit sap County, WA (formerly County
Road No. 22)
A 30 foot width, beginning at the southwest corner of said vacated Bayview
Drive, recorded in Commissioners Journal 15, page 371, records of Kit sap
County, W A, thence continuing southwesterly along vacated (AF. #3065436,
Ordinance #4621) Bayview Drive, Together with the west 10 feet of Lots
12 and 23 of Block 25, of said Plat and Lots 11 and 24 of Block 28, of
said Plat., thence continuing southwesterly, a 40 foot width, of the easterly
portion ofthe 50 foot width of vacated (AF. #3065436, Ordinance #4621)
Bayview Drive, thence continuing to the north boundary of vacated
111111 1111111111111111
LAND TITLE CO ESMT $15, ~~
3164352
Paqe: 2 Cd' 8
~3,~' 18,/1888 ~4 : 18P
Ki tsap ee". .~~A
RESERVATION OF UTILITY
EASEMENTS - 2
Bayview Drive (recorded Commissioners Journal 15, page 599 records
of Kit sap County, Washington). Together with that portion of vacated
AF. #3065436, Ordinance #4621)"E" Street lying easterly ofBayview
Drive and westerly ofSR3.
That portion of"C" Street (formerly 1 st Avenue per said Plat), a 30
foot width, lying easterly of Oyster Bay Avenue and westerly of
Bayview Drive, together with the South 10 feet of Lots 25 through 34
of Block 28, of said Plat.
That portion of"C" Street (formerly 1 st Avenue per said plat), a 60
foot width, lying westerly ofthe SR3 right-of-way and running
westerly 40 feet thereof.
That portion of said Blocks 14 and 20, a 20 foot width, 10 feet each
side ofthe existing sewer pipe. Beginning at tp.e Northwest corner of
said Section 22, thence along the West line of said Section 22, S 1059'42" W ~
2665.48 feet to the West Quarter Corner of said Section 22; thence leaving
said West line, N 35050'09" E ~ 195.15 feet to the center ofan existing manhole;
thence along the existing sewer pipe S 8001 '30" E ~ 101.2.1 feet to the center:r7~ ()
of and existing manhole; thence along the existing sewer pipe S 290~ 4~4.9R ~ i, 'if '
feet to the center ofan existing manhole and the terminus.O? 34 E
That portion of the Plat of Navy Yard City, Block 18, Plat #4600, as recorded in
volume 3 of plats page 75, records of Kit sap County, W A, situate in the Southwest
Quarter of the Southwest Quarter of Section 22, Township 24 North, Range 1 East
W. M. Kitsap County, W A,. described as follows:
A 40 foot width, 20 feet each side ofthe centerline of the existing
sewer pipe. Beginning at a point on North line of Lot 1 of said Plat
and continuing Southerly to a point on the South line of Lot 5 of said Plat.
1. PURPOSE: Owner City of Bremerton reserves the right to construct, operate,
maintain, repair, replace, improve, remove, enlarge sewer mains as part of the City's
Municipal Sewer System in the above-described Easement Areas.
GENERAL PROVISIONS FOR EASEMENTS
The following conditions apply to the above Water, Sewer and Stormwater
Easements:
111111 11111111111111 II
LAND TITLE CO ESMT $15.~~
3164352
Page. 3 of t:
~3!19!1999~4.16P
Ki t.sap Co.. ~~A
RESERVATION OF UTILITY
EASEMENTS - 3
The City of Bremerton shall have the right to cut, remove and dispose of any and all
brush, trees, and other vegetation in the Easement Areas which the City determines could
create a hazard to the City's systems or rights reserved herein.
The City shall have the right to reasonable access the Easement Area over and across
the Property in order to exercise its rights hereunder. The City shall repair or reasonably
compensate the new owner of the Property for any damage caused by the City's access to the
Property and the City's systems.
New property owners shall have the right to use the Easement Areas in any manner
not inconsistent with the City's rights reserved herein, except that no buildings or other
permanent structures may be constructed or moved on the Easement Areas.
The City agrees to indemnify the new owners of the Property from and against any
liability incurred by new owners as a result of the City's negligence in the exercise of rights
reserved herein.
The City shall have the right to assign, apportion or otherwise transfer any of its
rights, benefits, privileges and interests to another utility provider, arising in and under these
easements.
DATEDthis~dayof ~.1-
, 1999.
OWNER
'~yJ.~
C Y OF BREMERTON
ACCEPTED:
ATTEST:
~QQ
.~~~ (.)aM
LINDA J. PA .
STATE OF W ASlllNGTON)
) ss
County of Kitsap )
On this d{Lday of March, 1999, before me the undersigned, a notary public in and
for the State of Washington, duly commissioned and sworn, personally appeared
~.i1. (p..M;t;n..,,) , to me known to be the ~J of the City of
Bremerton, a municipal corporation, that executed the fi eg mg mstrument and
acknowledged the same to be the free and voluntary act and deed of said municipal
corporation, for the uses and purposes therein mentioned, and on oath stated that~is
authorized to execute the said instrument.
111111 1111111111111111
LAND TITLE CO ESMT $15.~~
3164352
Page: 4 of t:
~J...' 18,..' 1888 ~4 16P
Kit.sap Co.' lJA
RESERVATION OF UTILITY
EASEMENTS - 4
Witness my hand and official seal hereto fixed the day and year in this certific.ate
above written.
.RESERV ATION OF UTILITY
EASEMENTS - 5
(1~ tA~~~. fif:/YLA~~
Notary P lic in an . for the Stlte of
Washington, Residing atG.I' /YYU' A:r.{J'Yl,)
My commission expires: \.5'- /.,- O~
IIIIll II 11111111111111
LAND TITLE CO ESMT $15 . ~~
316435f.
P<lge: 5 cd ~:
~3!18!1888~4:18P
Ki tS<lp Co! ~~A
03/18/1999 17:02
3504785151
BREMERTON LEGAL DEPT
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Tax Aacount No.,4502-0ZS-0a,.oooa
Tex Aac~nt No. "502-035.03'.0001
"lllC Acc_t N".,t80:l-025.0:l80000
Ta. Account No..1502-025-029-0009
Tax Aocount NO.I'50a-O~5-0l1-0005
Tex Account NO.:'502-01~-Q3l-000t
Tax Account &o.:4502-025-034-000Z
T.~ ~OQunt ~.,t503 02a 001. OOO~
Tax Account No.l4So2-02B-OOJ.OOOl
Tax Account No..4502-028-004.0002
Tax Accaun~ HD..'S02-02B-005-0001
Ta~ ACcount ~o.:4502-028-00'.0000
T~~ .c~cyn~ No. ,'S02-02.-00~-000'
Tax Account No,,'502.0~8.010-000'
Tax Account No.:4502-028-011-0003
~'e~ ACCOUllt NO. :.5D~-g;;!8.g1J-OOOl
Tax Account "0.:.'02-028-022-0000
Tax ~nun~ Nb.,~~02.02'.O~~.OOO~
Tax Account Wo..450i-028-02~.OOD5
Tax Accoun~ NO.1450a.o~8-029-0003
TD~ A~~gunt NO.14J02-028-011-000'
4502-014-007-0009
4502-014-010-0004
4502-014-010-0103
4502-014-011-0003
4502-014-010-0202
4502-014-012-0002
4502-014-012-0101
" "" III III "II." 1111
LAND TITLE CO Et,MT $15. t!t!
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WASTEWATER TREATMENT PLANT
CITY OF BREMERTON
DEPARTMENT OF PUBLIC WORKS & UTILITIES
ENGINEERING DIVISION
BUFFER ZONE PROPERTY ACQUISITION
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LAND TITLE CO ESMT $lJ.~~
3164352
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BREMERTON BOULEVARD
m e e 41458 .146 . \~m U1
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FILED FOR RECORD AT REQUEST OF:
City of Bremerton
Legal Department
239 4th Street
Bremerton, Washington 98337
111~I(ff~J 1~1 IIIIIIfl1 I1111 IIIIIUJ'II~IJI
3164356
Page: 1 of 2
~3,/19,/1999~4: 16P
K i~ S~1p Co.. I~A
c: l L 5 .5'-t ~
RELEASE OF OUTSIDE UTILITY AGREEMENT
Recording Number:
Date Recorded:
Nature of Document:
For:
Affects:
9207150067
July 15, 1992
Outside Utility Agreement
Provision of utilities outside City limits
Section 22 Township 24 Range IE; WM
Block 025 Lot 25 except the South 10 feet of Bremerton
Heights Addition
LEGAL DESCRIPTION:
EXCISE TAX EXEMPT MAR 1 9 1999
Section 22 Township 24 Range IE; WM
Block 025 Lot 25 except the South 10 feet of Bremerton
Heights Addition
'tarc.<U.:# N IA 0l
The described property is now annexed into the City of BremertoU and the purposes
ofthe Agreement have been fulfilled. The City hereby releases the affected property from
any and all obligations incurred to the City, including the granting of the Limited Power of
Attorney.
DATED this ~~ay of fVlcuyolt--
,1999.
OWNER
~-J,~
CI Y OF BREMERTON
ATTEST:
~~~~
Kathy McCluskey, City Clerk
-
,#
"",
STATE OF WASHINGTON)
) ss
County of Kit sap )
On this ~ay of March, 1999, before me the undersigned, a notary public in and
fi r the State of Washington, duly commissioned and sworn, personally appeared
,I ~ , to me known to be the 'fvltli ' ofthe City of
Bre erton, a municipal corporation, that executed the fore oing instrument and
acknowledged the same to be the free and voluntary act and deed of said municipal
corporation, for the uses and purposes therein mentioned, and on oath stated tha~.5s
authorized to execute the said instrument.
Witness my hand and official seal hereto fixed the day and year in this certificate
above written.
~~'Qh.~~~
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JCUJ:J~ ~r~ ~
Notary Public in and for the State of
Washington, Residing at:r-ju1 U}/~(-by\
My commission expires:klf:) -06
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LAND TITLE CO RAGMT $8.88
3164356
P<ige' 2 (if 2
83,/19/' 1999 84 · 18P
Ki tS<ip Ce" I~A
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LAND TITLE CO RESMT $8,~~
3164355
P i'fge : 1 of 2
~J,i19,i1999~4: 16P
Ki t.Si'fp Co.' ~~A
FILED FOR RECORD AT REQUEST OF:
City ofBremerton
Legal Department
239 4th Street
Bremerton, Washington 98337
e:; ( "'l c.s ~( ~
RELINQUISHMENT OF EASEMENT
Ordinance No. 4621
3065436
February 2, 1998
Vacation and Reservation of Utility Easements
Construction, repair and maintenance of public utilities
D St. Abutting B 28 & 25, E St. Abutting B 21 and 20, H St.
Abutting B 20 & 1~.. and Bayview Dr. W/IN~ 28 & 25, Plat
of B. Heights (.J3N.-lfYlly-f-vn I+-e i(j ~ <:> ) "
EXCISE TAX EXEMPT MAR 1 9 1999
Recording Number:
Date Recorded:
Nature of Document:
For:
Affects:
LEGAL DESCRIPTION:
A portion of:
D St. Abutting B 28 & 25, E St. Abutting B 21 and 20,
H St. Abutting B 20 & 14,~.nd Bayview Dr). W/IN B 28
& 25, Plat of B. Heights \!> r.UtU~ H-+5
~re~ -=tt N/A a~ .
The described property is ownediSy the City ofBremerton and the City's title
encompasses all rights included within the easements. For the record, the City relinquishes
said easements.
DATED this \ g~(J\day of (Vltty O~ , 1999.
RELINQUISHMENT OF EASEMENTS - I
OWNER
ATTEST:
~-),~
C OF BREMERTON
lerk
STATE OF WASIDNGTON)
) ss
County of Kitsap )
!:'-'
On this day of March, 1999, before me the undersigned, a notary public in and
Yr the State of ashingto. n, duly commissioned and sworn, personally appeared
~IIL 1; . H Ovto~ , to me known to be the ~ofthe City of
Bre erton, a mUnIcIpal corporatIon, that executed the'foregbing instnlment and
acknowledged the same to be the free and voluntary act and deed of said municipal.{ n
corporation, for the uses and purposes therein mentioned, and on oath stated that ~is
authorized to execute the said instrument.
Witness my hand and official seal hereto fixed the day and year in this certificate
above written,
...........,,"-,
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Notary Public in and for the State of
Washington, Residing at i@y-e~-hn'\
My commission expires: J{- -I~ -ao
111111 1111111111111111
LAND TITLE CO RESMT $8.~~
3164;35?
F'i'1ge: c: Cil c:
~3!19!1999~4:16P
Ki t.sap Co.. ~~A
RELINQUISHMENT OF EASEMENTS - 2
0,
~tLSSY(
FILED FOR RECORD AT REQUEST OF:
City ofBremerton
Legal Department
239 4th Street
Bremerton, Washington 98337
111111 1111111111111111
LA~D TITLE CO RESMT $8 . SS
3164354
Page: 1 of 2
S3!18!1888S4:16P
Ki tsap Ce,! ~~A
RELINQUISHMENT OF EASEMENT
Recording Number:
Date Recorded:
Nature of Document:
For:
Affects:
Volume 15, Page 371, Commissioner's Journal
June 21, 1982
Utility Easement
Construction, repair and maintenance of public utilities
Vacated portion of Bayview Drive
LEGAL DESCRIPTION:
A portion of:
That portion ofBayview Drive in the Plat of Bremerton Heights as
recorded in Volume 3, Page 41 of Plats records of Kitsap County,
Washington, lying between the East line of Lot 24, Block 24, of said
Plat and the westerly right-of-way margin ofSR3
fat"c-U. :tp. N 1ft ~ l' 9" 1999
~C1SE TAX EXEMPT MAR '
The described property is now owned by the City ofBremerton and the City's title
encompasses all rights included within the easements. For the record, the City relinquishes
said easements.
RELINQUISHMENT OF EASEMENTS - 1
'-,
.
i
DATED this l~ttday of _\~ dL-
, 1999.
OWNER
~ ,4. dzk
C Y OF BREMERTON
ATTEST:
~ ~'1 '\\\.lQw ~
Kathy McCluskey, C ty Clerk
STATE OF WASHINGTON)
) ss
County of Kitsap )
On this ~'day of March, 1999, before me the undersigned, a notary public in and
for the State of Washington, duly commissioned and sworn, personally appeared
Jdn'V\iV <;; ~ ~A-oY\ ,to me known to be the ~V of the City of
Bremerton, a municipal corporation, that executed the foregoing instrument and
acknowledged the same to be the free and voluntary act and deed of said municipal4 .
corporation, for the uses and purposes therein mentioned, and on oath stated that ~
authorized to execute the said instrument.
Witness my hand and official seal hereto fixed the day and year in this certificate
above written.
"...."",
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~~CJ-c~yL)
Notary Public in and for t State of
Washington, Residing at 'l (hl'\
My commission expires: '~IIi)/ob
111111 1111111111111 \JI
LAND TITLE CO RESMT $3. tltl
3164354
Page: 2 elf 2
83/19/199984:16P
Ki \.sap Co.. ~~A
RELINQUISHMENT OF EASEMENTS - 2