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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; 1 F: 100000-0999910 126910 1269.00007IAGREEMENTSIMAHR007 "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: 2 F: 100000-0999910 126910 1269.00007IAGREEMENTSIMAHR007 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 3 F:\00000-09999\0 1269\0 1269. 00007\AGREEMENTS\MAHR007 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 4 F: \00000-09999\0 1269\0 1269.00007\AGREEMENTS\MAHR007 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 5 F: 100000-0999910 126910 1269. 00007lAGREEMENTSlMAHR007 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: 6 F: \00000-09999\0 1269\0 1269. 00007lAGREEMENTS\MAHR007 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: 7 F: 100000-0999910 126910 1269. 00007IAGREEMENTSlMAHR007 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. 8 F: 100000-0999910 126910 1269. 00007IAGREEMENTSlMAHR007 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. 9 F: 100000-09999101269101269. 00007IAGREEMENTSIMAHR007 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 10 F: 100000-0999910 126910 1269. 00007lAGREEMENTSIMAHR007 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 11 F: 100000-0999910 126910 1269. 00007IAGREEMENTSlMAHR007 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 F: 100000-0999910 126910 1269.00007IAGREEMENTSIMAHR007 12 F: 100000-0999910 126910 1269. 00007IAGREEMENTSlMAHR007 EXHIBIT A LEGAL DESCRIPTION 13 ,~. ' , ,,: (2)'/'Lot::',22ji'i"Block.;,!2S;';,. ~lat""of.:"Btemer1::ori' Heights",:"as"per '. ...-'"' " __ ,':. ,',", ""~ ;,1- ...~~ ., <1 ;. .~~1J '" ~., .' ~,', ....~J ,.- t. ,I,' .' '''1,1 <,'" ~,' ".~,1(':'/'~~;~"::.'plat:_;..:"rec6:tded: _ in,;:. Volume': ',3 <';'of;:':': Plats ,'~:-:. 'Page .' ,. 41, .,0, '. '"1,. "'-l~'; {~, '.". ~ ., "--", ~( . ~" .' . . w~ . "'~" '/~"'" '" ,..\" . _ .'- ,::'....:,.:... "',"''-'-', Records:;'of, Ki tsap county'".:. Washington;' '." .',. ..' . .' " '-~':;'.~:.',,-:~:i'",,:';~_.i'':'t~':~~~.:''' . . ?~"": _';",,'~;-'.' ~ -' I . .. ,~'" '>\' : ". (,~ ~~: "~',. :;:<"-,;.'~" 't.'. ".,' ,.~ .","':";-""'~':"I ." ".\~O\':. . \i<";~~~ p..:....r :',:r;;::'}'~}~, ExCept. ';i"that::" portion.". co'nveyed.:;to,,, <, th~\'..State",. .'of' :F:i:,;"':::' ',,;"wa~hiIlgton' tiflder' Audi tor'.s:: Fii~':'No'~ ", 9~i{25 ~:"', .- ',,- '~': ~ -:' '. ." <".-".;:' '. :.!. ",: ':- .:::. - ' '-- " '. '. ':: : .:.:: ",< ~...!. ; .,'\- ' '." ,., " . . '.. " ~ . ", " ..... and .' 2,3,:.Block'; 2.5,:' .... Plat'. of" .B!:emuartori ~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. 6 e EXHIBIT "B" ~ - e 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. f ~ .}/ Ii \' " C 5TREEi N ~ I i: I I .1 ~ ~~ I ~ N I iD': I I I . J I , I I 1 I I I ---_?- ~ I I . I . , J I , ('f) .. ~ , I c! I I ifI I ~ l ~. I I , I <I I , . , J ~ , 1 I , " ~ , I , I J , t , , I /1 I w- - - / ~_ _ _ _ -..0.... ~I'IJ- - _ _ _ ..q-~ ~ , I ' -1Q- _ _ _ u.'J Iff I / 1/ ~ I I ~// ~j/ ~ '" / S/ )." ~ / ~I ~ C(), I // ~ t // () '" ~h ....... a :z o a... , , ~ / ,'.' I., . :.'~." t1 . .' I \.. .. ... . .. . . -: (..':,. GR"~,,~ -~c..s-s;.. ',' " ,,' ( :.' ., ." :; . -... _," I '" \ 4'- ,I . o , , I , )- , , ~/ , " , ., , l~~ , I / / I I , { e CITY OF BREMERTON SURPLUS PROPERTY STORM DETENTION PON:l WestSound Engineering 217 &.W. WbI DHve "crt.. 0rdIrd. We. ~ I'Mne (~) e7G-3nO fllll (~) e7G-043'1 J06 t\?11't _ ~T -1- CK -L ~T5 MAY- 8-98 FRI 7:39 WESTSOUND ENGINEERS e 360+8760439 P.03 e CITY OF BREMERTON SURPLUS PROPERTY STORM DETENTION POND AND BIOSW ALE I I I I '\'.. ~.. D '''''' C.....lIII &."......... -"0." ;Ti~;- - ~II L _ "'.'-At.~ . N -=.- =-=-- --~1r - ---=-7/ ,I 11'1 t.11 /IL/ /:~ Ill} - 'I . :1.1../ II .c" - STUn -'-.. I ",,_~,,-,.-06. , , - -~"7- , '/j "~. -" /;' ;)141 , , i;/ ~. I ltj)/ s; J.. ,I .$, ., ....,. I j/ /,/ " ~ H :- " I I t ~l o o t; j II I l! : l.~ ~ I: .~ I I 1&, r t ,-I- I: ~- , I I , I I * t I , : I I I '; '" I 1 I I I I , ' I I I I I ~ I I , j . , . I I , I I / , .~ 111 . r::t 4 lf1 ~ r .r r , I . i I I I f WestSound Engineering l11 ,.W. WI:a I)?;. I'crt On:Ja'ci WI. ~ P'hN (3&0) e7'-~no . fa~) e"-()4~ xe Itl.ID _ !tIT....1... rx -.L SIfT!' e e [ EXHmIT C J MAR. 30 '98 10:46AM HANSON SIGN CO INC e HANSON ... SIGNsm I< 19'-6" e . t:l ia ~ [F(Q)~lQ) --- ----- . o tn 110 ~Ies POIlUX.lI !H38 WllLAMETTf ME.looN ItO "^^' .. ,. . '. - . . :., - - -. SILVDtDAU,WA.9IIJaJ -- t"..::l ~ I !lJt6" - l' I SAU$: RANOVHANSON DISKiN: rolllll SHINNICK _ TI'tS SlCMll(SlCfj IS 1l1( PtOI'H1'I'OF HANSON SIGNS IHC." IS 100"0 IE 1fIltODlJCB) INAHYw..yWITHOUT 1lElN15SIONOI ftANSHI IYiALI .1 <:tTIY _LCDI --~ -- .'..... . PHON[()601613.<)SSO FAX(!60)6H-9S1S e v C EXHIBlTD -~J e MAR 30 '98 10:46AM HANSON SIGN CO INC P.2 e e 1< zt-o . ~ 1 . . lop ~ [ M~'=r I -- HANSON SIGNS~ ~I~ POBOX9~' 94]8 WlllAMETTIMERIOlAN aD ~ $ll\ltROAlE, WA..OUU PHONE (360) 'l.l-'~l>O FAX (J 60)613-')$ 15 5.-\1.[S: Rl\NDYI ~N [)(SJC"'l: TORRI SHIM"ICK ... n _m ,.-, l~ _lWISSIC-" D81GN1S n<< I'tOPB'lYOf HAHSOH SlC,N;INC."ISNOTTOaEIEPIOIlUCfr.INIM'fW'''''ftlTl1OUTPEI~OII~ IfUll .,.aftV_I.CDt -/) e EXHIBIT "E" e MAR 30 '98 10:47AM HANSON SIGN CO INC P.6 . Q iQ N ~ - o :f. HANSON __ SIGNSIl!lt e - ~ 1Z.{J . >I . l:!l/b" .. "_ I ~~ PO sox 9111 ~311WlllAMFTTf MflllOlAN liD NW S1l\IEROAlE. WMlaJlIJ PHON( (360)613-9550 Sl\LES: RAND\' tVlNSON fAXIJ/iO)6U.'15U DESlGN:TORIUSHI.........OC -on d. ~--_..--.. _ nil, SOGNbf.SlOHI&M ItOl'BITI'Of ~ SlUH$I..c."I$~rO" IlftOtllJC:It>HANfwAY~I'BIMISSIONOI rt.UUO...SAIl ~l1Y .1CDI e EXHIBIT "F" e If" " ;f i, , 'j II i~ r MAR 30 '98 10: 46AI1 HANSON SIGN CO INC i ~ ~ ~ lfl ... HANSON SIGNS~ e r- 2.....0 " '. :~ :' : P.4 \. ." ~. ': ' [ ,,' ~.. e ~ -) . C _ CEIoJTER IDENllFlCAnOt.l 51GN --., (- ----- J EXPLORER E)(PEDIIIO~ CElEBRATIO~ - ~~ f'() 110)( ':.Ill Mlll W1LLJlMETTl Mn.IOlAN!to NW SllVlRDAU. WA,98183 - '-- I~e" .~ - ~ - - _ TliI5 $IGIj tlESJGN" lHll'tOl'BlYOf HAHSON SlUW$1NC,,I,1S NOT TO U KIltODUCErlINANYWAYWlJ11OUT ~,"IO... otTlANSRllWwt .s.a!IY _l.c:IlI PHONEl3601 61l-'JS sn $AlES: RANDYI,^NSON FAX(ll.O)6H-9515 DeSIGN: TOIlIl15HINNI(;1C e e EXHIBIT "0" (' U,III HANSON _'I SlGNSIK ", i 3: l) ;0 w IS) .. I.D lD ~ N IS) ~ 3: I l) Z (f) 0 Z (f) H ~ 8 H Z () \ 1/4" II r I 1-0 . 6'-0. I.. '\k- )1 6'-0. I.. ~ ';'L.~; :0::.lt'i~f: :~g :ii;i~;::~~'}!~:,d~:~';:',::lj:);ti .jj;)':;\~.i;':;'l;' );t~;e~!~#i';;Z:~it;'}~W~f:;,;~~;!;ji,t+:;:;~ +"h; ; ~JPIRR I.,J=;'":~',~l rwit5Ls~l : .' : ::'.' .':' I' <\ .'. " . "'. . '. . BREMERTON AUTO CENTER 1..111..11....\ ~ IlIoofwr I \ ~ 'I ",. ,;. ". 11IZ'.r I ..--_..._-_._._-_.~_..... PHONI:06C161l-955Cl WlS: It/VIDI' ~ f,6J( [360)6' ).tS1 5 DISaCN: TOIlRI SHto.NCK ~Ies .. . .- ~ PO !IOlC 928 MlIlWlllAM[lltMlRIOIAN ROIIM' SIlIIEttlW.LWAJ)I3I} ~8"i: D'll: _ THII lION PP ON 15 1HE "':::'EIl1'f Of ...vtSON $IONS INC.. IS to' to II RMODUCED 'N ,.,.., WAY WlTMOU1I'HMlSSION 011 flANSfEl rIf $AU ,\oW _HlUS.cDI '"0 N e EXHIBIT "H" e (T) a.. ..... \ .- u :z: H o u :z: <.!) H U'l ~e,. :z: . <I: I~ . a: ~ (SJ N ...-I aJ (J) .. (SJ (T) ~. " III HA.NSON .11 SlGNSK IT . o iO ~ ~-O' ~ ~'.O. k ~ . o ~ WEST HILLS AUTO PLEX ....... BREMERTON AUTO CENTER 1.~-111lllXK \ \r=ll-1 ~ PlRIIII I ~Ox'c!l ~V~.. l~' r,j'LE.'~Tf1i\'C,'1l toH('.~CI '0 .~~.I'.:.:(.:' :::: :,:'~':~'.'I"::-:,'-~:/:.:" ...}:..... .: aIIVSLER fUMOUIH DOOGE ....... 1 -n,.. It . 'V' .,..... 1lI!111 I ~~=1'1 ~~ "HONE (160)613-9550 SALES:1WoO'V' WN50N fAXI)6Ol611..AJ.51.5 DISlGN: TORRI SHNI'ICK POIOX92t1 !MJaWtLlAMErn M(RIOIAN RO NW 5llVERO'...LE. WA9t1JIlJ APPROVED BY: DQi: _ THlSSIGIIDEtilc.N IS ~ "IlOl'EllTV Of HANSO" SIGNS lNC."1& NOT 10 lit AE'kODUCfD N..... Y WAY VjITHOUT I'ER"'I&S~ OlllllAN8fU ll'I'SME 4J2.W)illL&COR I J e EXHIBIT "I" e e e 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 , '= - ,~-=-~ (C) x-.. . / __'"'lI"~ .' - ---' -.-r.. 'T "-- 'l' .j 'U -: _ ~/ .).J2" ,x'~'~-=='-,::-~~., (D) '5?j' - '. / n r. , .'.____ _~-1r ~;<' L: TI-T:~--<~:::~ -1----;;' E ....-r-t,.-_..~..-r "T-'~~ 0 /' ~~() (F) AUTO CENTER DIRECTIONAL SIGN OYSTER BAY COMME'RCIAL PROPERTY e EXHIBIT "}" rl~ Vvl~ : c1 ~ c!JM0 131w1 if'~~ -f1~ f1~ t-) ~ ~ --Z "-- - Jd%a4 f1 a40 [ EXHIBIT K ] \ , \ '. If 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 t-'Al:lt:. t:lO MAlt.. 1 tl VlV lIHU' \,. U" l,..AN.u T I n..~ ~ti~"lJ" HO t;1I'l 66611 PAC\!:. 11/7 IIXIID'n A 'ILl NO. 1-13~J~9 ESCROW NO,6.1100!'~ Tax ACcount NO.I'50Z-0ao-oo~-oooa Tax Account 8O.:'50Z-020-003-0000 Tax Account No. :'802-020-007-0006 Tax Aceount No. ,'502-020-00'-0000 ~.K AQggunt QQ. ,"0~-020-0~8-000~ Tax Agg~nt No.l,&OZ.030-0JO.0101 Ta~ ~c~nt No.:"OZ-020-03a-000S Tax Account .0.:'502-020-035-0003 Tax Account No,,'50Z-021-0Dl-0000 T.. A~~aun~ Nn.:'&D2_D2\_DD~_DDDI Tax Account No.,450Z-QZ1-005-0006 Tax Account No.:'50Z-021-006-DOD! Tax Acoaunt WQ. ,.~U~-Dil.OO'-OOO) Tax AQCQUht No. 11502-021-028-0009 Tax Account ~o.l'502'031-011-0004 Tax Aocount No.:'50Z-021-0J3-000a Ta~ Account No..4502-024-001-000' Tax Account NO.;150Z-021-003-0002 Tax Account No,:'502-02t-005-0000 Tax aecount ~o.I'502-02t-007-000. Tax ACecunt No.lI50a-Oat-008-0DO? TaX Account "0.,'50Z-0Z4-010-000J T.. ~~ou~~ No..t50a-02t-024-0007 Tax ACcount ~0.1'502-021-0Z5-0Z01 TaK ACcount No.,4802-0Z4-027-0001 Tax Ae~QUPt No.:4502-021-0J2-0007 Tax AccDUn~ No.,.50a-Oi,.Olt.0005 T.~ Accaun~ No..'!Q2-02~-ool-nDnl Tax Aeceu~t No.'.50~-O~5-002'OOOO Ta~ ACcount "o.:.~02-02~.003-000' T.,. ,"--';UUllt NO.l"'O~'0~~'OU.'1I01l8 Tax Aco~nt No..tS02-025-005-0001 Tax Aeeeunt No. :150~.O~5-007-0005 Tax AccQUnt _0.:'!02-02S-00e-oOOt Tax 'ccount NO,:'50~-0~5-009-000J T&A Al,;"',^,lll. l'Iv. ,1502-025-012-0008 T~ ACCQUnt No.I4502-025-0Z4-0004 Tax Aoco~nt No. ..SQ2-025-0~5-000l 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! 3164~5? P<1ge: b ot 8 ~3,/ 18...! 1888 G4 : 16P Ki t.S<ip eel! ~~R <8 -- .. I~I IJJ --:T::I (\J..~:~ _. LOu.::T),"=! C") r-.- ~ (-- q- "- Q... ,,..... CT) (f.i ~ IlJ ......... ..... -l'::O'-",_-+-=" 1 rT.i .-.-..__ ct) ~ I~ ::L ~ 8 8 4476 9~ :}; 0 y: U o --.J CO = = In .:;; l- E: if, L.J ~ 1205 if) >- O. ) 4475 1216 1224 8 ~ ':f e e -j II I 1315 I O'/~ (') e ~ e JI ~ / I II I e -? ~ 1319 = :z: . a:: oS I I / /8 ~ o 1321 0 sly: / re <>s>e Im/ I ET.oo[g <>6~ S I / ~~ 3: ;1 legs w ~ ~ Is OJ <( OJ Z w > DATE 9-25-97 ~ SCALE :;l,iIORIZ._ ~ VERT._ :::! w DRAWING NO. ...J G: 1322~ ~ S6' IAl ER.. \ \ WA'\ER ~. ~!}pY(,.'{;;,;;;';\~~~[;;~}jfj 5ToRM WASTEWATER TREATMENT PLANT CITY OF BREMERTON DEPARTMENT OF PUBLIC WORKS & UTILITIES ENGINEERING DIVISION BUFFER ZONE PROPERTY ACQUISITION 8 ;;; :; Ie ~ ;; w => z w > <( e .. << .. SHEET -OF- :7C r'\ UI--J "- "-rl'~ W N W 11 (ID ~ w (l) w ~ BlO 00 W OO~ ~ ~ (l) COTTMAN AVENUE BLOCK 004 00 ~ (i) W W ", ~ ~ ~800 "'(f) (l) W ~ ;:; o " ", ",I ~OO ~ 0 1'5 0 - 0 0 R BAY AVENUE 4325~ 004331 ", W +536 g (1)4343 '" ~ 4322 (f) 00432~ (Jl rrl '1 4328 (ID G') .338 W 0 N OO'33~ IJ) 00 IJ) I 1 --1 ~4321 --1 IJ) ::::IJ ::::IJ -; 0 rrl rrl 4318 W ::::IJ rrl r'l rrl 004317 r'l --1 00 --1 -; 4J18~ 84311 ~4313 00 ~- 4313 1 0 o :: 1I111111111111111111J LAND TITLE CO ESMT $lJ.~~ 3164352 Paqt<. S (if S ~3,;" 19,/ 1999 ~4 · 16P Ki t.sap CCI" I~A BREMERTON BOULEVARD m e e 41458 .146 . \~m U1 41~ ~ 4143 ~ '" (f) 4143 W ~ .141 1+1408 '1+1 (l) ~ (l) ~ "'(1) 4136 W >-- ~~ .137\ 00 8.135 '1+2 W 8 (~ .138 4135 Im4135 ,~ "" ~ 8.1;;:) ~ ! .' ~ " 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.~~~ .e.Q'"",-RA F 0'~~ "<or~OO<l\~Oo,> ''d\. ~ ,d /1.,;, ~lh.\SSIUi'l ;"('~ ~'i;>:' ~ Ii" ~'r. d" "".. <:-rA'~ ....' '" VJl. A '" Q;~ 1;":'.. ~\ ~ v Ii" .. e v , <' ." ',," :.~ - /"'trt ()U L.\r....ftir-. r':\, l;'l~~:" ~J~ ~ ~ "U 0 'f.'S~-' 1, t'....J If 6~ ~' e ' 0 " ,,:~ ., II! Ii 0 r-, ~~\" r-- (;; Y ir.~ Q 1-1 !"': \"...' ,q) A 0,. ~ u, '0' ~, "r~.,)... Y Ii. .n", ",... f""'> ."d 'I V>(1!!o '..~ 1"":.,':.',,1, '."~ l' ~ -;'J;.. 0,:;; .,.... u~ ','lo'- ,.-'.':. ,4 ~ F ..., 3e.t~<~.n..' ,... P '{."~ "'... -,.>J_f........ d \... I'''t,.", '/0.1 If 1;',""1'""'\" ".,;.,; '" .......,.... \';,''''h.;~ ,:;;;;1' ',,-,,__4i' JCUJ:J~ ~r~ ~ Notary Public in and for the State of Washington, Residing at:r-ju1 U}/~(-by\ My commission expires:klf:) -06 /I '"' """ " " '''''' LAND TITLE CO RAGMT $8.88 3164356 P<ige' 2 (if 2 83,/19/' 1999 84 · 18P Ki tS<ip Ce" I~A " h ",,,, ",,, II' " ", , " 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, ...........,,"-, .P~ RA Fa ''4 , ~~ eellll?eOl\) ~ ~tr. , J'}..V",!S\S510N I::gQ1> ~ 'Of I "" co,"v ~..,)~"' ~ . ~ J;v NOTARY~\ tP~ ~ 0 ~".. 0 ~ e .... ,) P' ~ \ <;r.PUBUC n,l,~.... / " Ol" e "75 I"J O<:i. .;' '.~"" ;J "f, ....~ $ -,.. . .,~. ,h>J d 'V):: oUe~_~Q>0"" .6~.' p ... .~ w~~ .".V'~ p' ..... ,. Of:V"H~Yi;.:;"'p " v.-.. 4:J' '-,__--0 JJ~aA~ 7;,rL-J 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. "...."", ..D"~RA F' 0 \~ ,. ~r~cflfl>"~e ~ ~ ~ ~i0~>l'-\S510N l.~~",(~ ~ , U" -Qo~~ ~:,) -e\\ ~, :.d ~ W(.I '<"" , " ':~ ~ ~: t'\OTr,!\RV ~'~, (P \7 ~ g -c,4,. {') ~ ~ 0 PI '::1 .r g I ~ \ U!;L\.J ,W '" v.. ~I:> .~., F',"\ :<" P II' .....If'.> r"""'" ".," i hi ~i' Ell,!!,,! ,-> -.2';" ,::," "<..f /. "I ~ /~ '~ii1<3lG"'(~';;;'" <C,,' , ,:./ "0" ,<',::',," ,r~ \ .~..... ~ ':. ~ r.:: "l....""l~ ,;;.Y ',,~~::~,:,:;~f'" ~~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