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Home My WebLink About200709280039 After recording return to: Benjamin P. Holmes Cindy Holmes 10890 Old Frontier Road NW Silverdale, WA 98383 TRANSNATION TITLE INS CO 200~~280039 Deed Reo Fee: $ 46.00 ~~~ ~,flmii~lI~lilli'l,j,~m~"E1II!1~, ' ~~ \\ Reference: 20319082- -101- -KAB (~----- "'-- ) ! ~ ( "\ ,,' STATUTORY WARRANTY DEED (:,\ '] ) '" THE GRANTOR(S) City of Bremerton, a Municipal Corporation, '~~/ /~ '~.-----, for and in consideration of Ten ($10.00) Dollars and other good an!d (aluable~~\ ideratiQry in hand paid, conveys and warrants to Benjamin P. Holmes and ~ri~e , husband and wife /~J ""-~ (/ (\ the following described real estate, situated in the ~t{nty of Kitsap, )tajte of Washington: See Exhibit A attached hereto and made a part h~reof. ',,- '-..., / / " -----/ /' ~~. ~ Subject to: Those items specifically set fortt,~'Ox..Qibit "A" attached hereto. Abbreviated Legal: (Required if full legal not ins~9~ve.) PORTION OF BLOCKS 9, 21, AND 26, NAVY YARD CITY, AND PO~~~ G~RM.J:NT LOT 2, SECTION 22, TOWNSHIP 24 NORTH, RANGE 1 EA/;J'1',,-~ ~, Tax Pa'cel Numbe",): 4600-026-001-ixfg:~~602-0009' 4600-026-004-0007,4600- 021-001-0001, 460Q-009-035;'OQ06, 46Q9-009 03610 05,222401-4-070-2008,4600-026-004- 0106, 222401-4-069-2001, 2mOW-068- 01-4-079-2009 "2.5 f" ~" 2 Dated: Se tember.24:; 2007 "',,- ~ SELLER: ~) /7t.) .., ~(~J W / S5: at ~'" , .;)001 . before me the undersigned, a Notary OJ; in ton, duly appointed and sworn personally appeared n ( to me known to be the m~~ . ~ ~ corporafio~eqJted'thi foregoing instrument and acknowledged the said instrument to be the free aM olun'ta(y"act and deed of s?id corporation, for the uses and purposes therein mentionE{d nd on oa"tf1~ated that be. I~ authorized to execute the said instrume~t nd that t~e eal affixed (if any) is the corporate seal of said cor~ Given un r ~/ d official seal the day and year last above written'~/\.,,:\'..r~':',l~ ,<,2 /~ / II II' .j~v- 0 ~\,,"','l;"i ;" .. ,:(" (N &v Pub!;.;;;,,?nd fo:the State of _'WrJ9.h'(Jtt4v,.... . ~"(~~~'~:tt~ I~ ~~at~l")t:'W\erhn WA. '~,,,".-2,-';:' .\,\.:,,~ ~ '~MYA~n entexpires: 2.-,~-" ,'~'o:.:c;,-..o0'-':-' """ "'" . h" ~ \!V'fiSf\\~ " "~ ~~~ /"-.." ""j ) ~ ....,~ St~1ry Warranty Deed LPB-lO-OS (1/06) '~~/ TRANSNATION TITLE INSURANCE COMPANY KITSAP COUNTY TREASURER EXCISE 09/29/2007 \\~ 2007EX07264 Total : $10.e0 Clerk's Initial Exhibit A ALL THAT PORTION OFTHE HEREINAFTER DESCRIBED PARCEL "A" LYING NORTHWESTERLY OF A LINE DRAWN PARALLEL WITH AND 30 FEET NORTHWESTERLY FROM THE CB SURVEY UNE OF SR 304, SR 3 INTERCHANGE TO MONTGOMERY AVENUE: /\ '. '\ TRACT I: ~'\ '\ '~\ THAT PORTION OF LOT 1, BLOCK 26, NAVY YARD CITY, AS RECORDED IN VOLUMn-ef:--ElP\fS,~ PAGE 75, AND OF GOVERNMENT LOTS 2 AND 3, SECTION 22, TOWNSHIP 24 NORTrt;~Er " EAST, W.M., LYING SOUTHWESTERLY OF A LINE MORE FULLY DESCRIBED UND UDITOR~\ NO. 654943; (" ) ) TOGETHER WITH THAT PORTION OF VACATED MCCALL BOULEVARD AND ~LAND~~E ~. PURSUANT TO COMMISSIONER'S JOURNAL, VOLUME 7, PAGE 304; '~) ) EXCEPT Am PORTION THEREOF LYING SOUTH OF OLD NAVY YARD ~~~, AND EXCEPT OLD AND NEW NAVY YARD HIGHWAY; ( ( "\ \ 'v EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTO~ F~ SR301,,)SR3 INTERCHANGE UNDER AUDITOR'S FILE NO. 20050923)).391~CORlli; OF-*ITSC<P COUNTY, WASHINGTON; ~/~ -~7" ! /\ SITUATE IN THE COUNTY OF KIT SAP, STATE OF WA 1INGTON. \) \)\ TRACT II: \ \ ""--. // / LOTS 2 AND 3, BLOCK 26, NAVY YARD CITY, AS PER PLAT-~C0R6~IN VOLUME 3 OF PLATS, PAGE 75; -- EXCEPT 50 FEET FOR ROAD; (~ EXCEPT THAT PORTION THEREOF LYING SOUTH'oK'OLtlJ':!AVY YARD HIGHWAY; /~~'; AND EXCEPT OLD AND NEW NAVY YAR~~A~ ~ TOGETHER WITH THAT PORTION OF V C TE ~'~~OULEVARD PURSUANT TO COMMISSIONER'S JOURNAL, ~UME A I E(.j04) ) EXCEPT THAT PORTION CONVEYE~I-lE ~F WASHINGTON FOR SR304, SR3 INTERCHANGE UNDER AUDITOR'sFIf~(5:~0509230391, RECORDS OF KITSAP COUNTY, WASHINGTON; ~ '-""") SITUATE IN THE COUNTY ol.(TS~P:~ ~F WASHINGTDN. · TRACT III: eft) ~~~" J LOTS 4 AND 5, L~~' '''~0~ITY' AS PER PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE 75; ~> ( ! ! EXCEPT 50 E~f~ EXCEPT TH~~~~REOF LYING SOUTH OF OLD NAVY YARD HIGHWAY; AND EXCr; LD A~NEw.r":NAVY YARD HIGHWAY; TOGETHE?ITH TH T PORTION OF VACATED MCCALL BOULEVARD PURSUANT TO COMMI ;IQ!:JER'S JO NAL, VOLUME 7, PAGE 304; EXC-En TH OR N CONVEYED TO THE STATE OF WASHINGTON FOR SR304, SR3 Iti~ERQ:iAN(;E UNDER AUDITOR'S FILE NO. 200509230391, RECORDS OF KlTSAP COUNTY, rfSHIJIJ~ . '" t: \ Z::~ ~~N THE COUNTY OF KlTSAP, STATE OF WASHINGTON. '~~~E~: ::::~ T,' I: 0,----/ / ~~/ PARCEL "A": TRANSNATION TITLE INS CO Deed Reo Fe..: $ 46 00 200709280039 09/28/2007 09;36 AM K~ren Flynn, Kitsap Co ~uditor Page: 2 of 7 IIIIJlm //11111111111 1I11111111111111111111l11~ 11111111111!~IIII1IIMIIIIIIIIII) 11111111 LOT 1, BLOCK 21, NAVY YARD Cln, AS PER PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE 75, IN KITSAP COUNn, WASHINGTON; TOGETHER WITH THAT PORTION OF VACATED FIRST STREET AND MCCALL BOULEVARD PURSU.o.NT TO KITSAP COUNTY COMMISSIONER'S JOURNAL VOLUME 7, PAGE 304; ^ \ " , '\ \~ '\ '" '\ " " LOTS 35 THROUGH 40, BLOCK 9, NAVY YARD CITY, AS PER PLAT RECORDED IN Vp.w["1E 3 C\ \" PLATS, PAGE 75, IN KITSAP COUNn, WASHINGTON; ~ ~ \ ~\\ TOGETHER WITH THAT PORTION OF VACATED FIRST STREET ADJOINING ~O S-:36TH~pUGH 40, ') \ PURSUANT TO KITSAP COUNTY COMMISSIONERS JOURNAL VOLUME 7, PAG r; ------, \ ) " <--J EXCEPT ANY PORTION OF ABOVE LOTS LYING WITHIN MARION AVENUE; ~ J ) ""- // EXCEPT THAT PORTION OF ABOVE LOTS AND VACATED STREET AS CO~E[Y"fQ '~WRAZORE, JOHN S. BANCHERO, AND ALFONSO M. MORELLI DOING BUSINESS Ii6F~GE~N~ER~E"GQMPANY IN THAT CERTAIN DEED RECORDED AUGUST 27, 1954 IN VOLUME~5~ OF D,~' PAGE---<f6, UNDER AUDITOR'S FILE NO. 600733; _~ ;' ) SITUATE IN THE COUNn OF KITSAP, STATE OF WAS'JN~: ~ PARCEL "C": (/ ( ,('\ TRACT I: \ ~ PORTION OF GOVERNMENT LOT 2 IN SECTION 22, TOW~HlP 24 J:j.0'R , RANGE 1 EAST, W.M., IN KITSAP COUNn, WASHINGTON, DESCRIBED AS FOL~ BEGINNING AT A POINT ON THE SOUTH ~DARY LINE OF NAVY YARD HIGHWAYI 113.06 FEET IN A NORTHEASTERLY DIRECTION FROM TH€ImTIAL POINT, WHICH IS 1.02 FEET EAST OF THE INTERSECTION OF THE CENTERLINE OF SEci1G~R~ND THE SOUTHERLY BOUNDARY OF HIGHWAY; ~ ~ THENCE SOUTH 47052' EAST 404.18 FEET.~" ~~) THENCE NORTH 56049'48" EAST 45'02~~J-7d,'ON&JHEI-PlNER HARBOR LINE; THENCE NORTH 47044' WEST 503.86 FE; / /~ ~ THENCE SOUTH 38012' WEST 44.86 FE . I I j J:! THENCE SOUTH 47052' EAST ~~~EE OiT~~Y~JT OF BEGINNING; EXCEPT THAT PORTION LYING NOR:1:ti::o~,~)~,~~:rH BOUNDARY LINE OF OLD NAVY YARD HIGHWAY' ", EXCEPT THAT PORTION LYIN~~ O'F~RTH BOUNDARY LINE OF NEW NAVY YARD HIGHWAY; (\~ .; EXCEPT TO ROAD; II ,-) ,I ~~~ ~. / AND EXCEPT THfTC OR ION...COIWEYEIYUNDER AUDITOR'S FILE NO. 746589; \ -J) ~, SITUATE INCt'1E( ~UJrz OF ~ STATE OF WASHINGTON. ( "J"-,,- ~ TRACT II: / -.../1.._____." ---------------~ THAT PORTIO~P'LQ~ THROUGH 8, BLOCK 26, NAVY YARD CITY, AS PER PLAT RECORDED IN VOLUME 3 O~TS, ~G~5, RECORDS OF KITSAP COUNnl WASHINGTONI LYING BETWEEN OLD NAVY~~~A~NO. 14 AND NEW NAVY YARD HIGHWAY NO. 21; EXCEPT~~~ND N~rVYYARD HIGHWAY; SITU TE I~ OF KITSAP, STATE OF WASHINGTON. " R~Ci~ ~~ -~ QH :r PORTION OF GOVERNMENT LOT 2 IN SECTION 221 TOWNSHIP 24 NORTH, RANGE 1 EAST, I~~~ ~~'R{KITSAP COUNTY, WASHINGTON AND BLOCK 211 CHARLESTON TIDELANDS, DESCRIBED "ftS F014pWS: ~, -...J ~Gl\'JNING AT A POINT ON THE SOUTH BOUNDARY OF NAVY YARD HIGHWAY, 58.32 FEET; 0--.. T~~E NORTHEASTERLY FROM INITIAL POINT WHICH IS 1.02 FEET EAST OF THE INTERSECTION ", ~'" OF CENTERLINE OF SECTION 22 AND THE SOUTH BOUNDARY OF NAVY YARD HIGHWAY; ~ "------_____. T E SOUTH 46055' EAST 384.48 FEET; " -----. ~" -~.-/ / '-.....~-----------/ SITUATE IN THE COUNTY OF KITSAP, STATE OF WASHINGTON. TRACT II: TRANSNATION TITLE INS CO 200709280039 Deed Ree Fee: $ 46.00 09f2S/2007 09:35 RM Page, 3 of 7 Karen Flynn, Kitsap Co Ruditor 1111~111111~1111111111111111111111111111111111111111111I11II1I1II11111 m mill 11111111 THENCE NORTH 56049'48" EAST 63.05 FEET ALONG THE INNER HARBOR LINE; THENCE NORTH 47052' WEST 404.18 FEET; THENCE SOUTH 38012' WEST 54.74 FEET TO BEGINNING; EXCEPT ANY PORTION THEREOF LYING SOUTH OF THE NORTH BOUNDARY OF NEW NAVY YARD HIGHWAY; (\ \ , " \ \ \ \\ r " \, TRACT IV: ~'\ , \ THAT PORTION OF GOVERNMENT LOT 2 IN SECTION 22, TOWNSHIP 24 NO~~,l EAST1 Vol W.M., AND LOT 1, BLOCK 211 PLAT OF CHARLESTON TIDELANDS, LYING BEr~ EN E o.LD NAV'l:I YARD HIGHWAY AND STATE HIGHWAY NO. 21, AND MORE PARTICULARLY,.gE!>CRIBED S')\ FOLLOWS: ( ~ \ '" ~, '.........---~/ , BEGINNING AT A POINT ON THE SOUTH RIGHT-Of-WAY LINE OF OLD ~ARQ HIGeWAY, WHICH IS NORTH 40007'17" EAST 1.02 FEET OF THE INTERSECTIOl)VbrE C:~~TER.~tm;,oF SAID SECTION 22, AND THE SOUTH RIGHT-OF-WAY LINE OF SAID,N YARQ\~GHW~AID POINT BEING THE TRUE POINT OF BEGINNING; ~ \ r THENCE SOUTH 47056'23" EAST1 A DISTANCE OF 15.93 FEET TO H~ORTHVYE ERLY RIGHT- OF-WAY LINE OF STATE HIGHWAY NO. 21; ~-- ~/ / THENCE ALONG SAID RIGHT-OF-WAY 52.38 FEET TO rH~HWEST'ERh'LC0RNER OF A TRACT OF LAND CONVEYED TO BERG'S ENTERPRISES INCOr-P0'RATED BY DIZ&) RECORDED UNDER AUDITOR'S FILE NO. 8909290095; t( \ \ THENCE LEAVING SAID RIGHT-OF-WAY, RUN NORT ~01O'2311 WEST)' 3135 FEET ALONG THE WESTERLY LINE OF SAID BERG TRACT TO THE SOU LY RIGHT-OF W Y LINE OF SAID NAVY YARD HIGHWAY AS NOW EXISTING; ~ / ' " THENCE SOUTH 40007'17" WEST ALONG SAID RIGHT-6K-W~S7ANCE OF 35.88 fEET TO THE CENTERLINE OF SAID SECTION 22; - - ~_/ THENCE SOUTH 0034/30" WEST 23.56 FE~ TO THE SOUTH RIGHT-OF-WAY LINE Of SAID NAVY YARD HIGHWAY BEfORE VACATING THE :s.ODTHERLY 15.00 FEET THEREOF; THENCE NORTH 40007'17" EAST 1.02 FEET"-AL6NG~AID RIGHT-OF-WAY LINE TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; ,. .~~ ~ /~ ~.') SITUATE IN THE COUNTY OF KITSAP, sVn ~'GTON. PARCEL "0": ,,(> I(!) 1/ THAT PORTION OF GOVERNMM l,O-~2, SEdr~~ TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., AND OF BLOCK 21 OF CH~R~hE..l,,8NDSI DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON T~THERL' CmE OF THE FORMER NAVY YARD HIGHWAY WHICH IS 279.5 FEET NORTHEASTE~ FROM ijrrfAL POINT ON SAID HIGHWAY 1.02 FEET EAST OF THE CENTER LINE OF SAID E ION 22; THENCE NORTHEA$'j:E,RLY AI..: ~ SAID N YARD HIGHWAY 104.48 FEET, MORE OR LESS1 TO THE SOUTHWES~jUY L~ 0 A TRAcf/ NVEYED AUGUST 22,1935 TO CLAIR M. HOPKINS BY DEED RECORDE D~A IT' NO. 295709; THENCE SOUTH 5 OlNA'~~E NORTHERLY LINE OF PRIMARY STATE HIGHWAY NO. 21; THENCE SO~J.l::l SI~LY ALOI\lG ID STATE HIGHWAY TO A PONT SOUTH 53002' EAST FROM THE POINT~~~~"TO THENCE N~~',r~2' ~ THE POINT OF BEGINNINGj SITUATE IN TW~,~KITSAP' STATE OF WASHINGTON. ~ "v CCJ i~~S I'--.. ~ '- (~","~'~ ~"'~ '::'~ ) \ ("'<::~,-j / _/ AND EXCEPT OLD NAVY YARD HIGHWAY AND NEW NAVY YARD HIGHWAY; SITUATE IN THE COUNTY OF KITSAP, STATE OF WASHINGTON. TITLE INS CO 200709280039 TRANSNATION 46 00 Page: 4 01 7 lii~~L'1imiIUlilllll SUBJECT TO: RIGHTS OF THE UNITED STATES AND THE STATE OF WASHINGTON TO REGULATE THE USE OR OCCUPANCY OF THAT PORTION OF THE LAND LYING BELOW THE LINE OF THE MEAN HIGH TIDE. AFFECTS PARCEL D. ,,,- I ' . EASEMENT AND TI-iE. TERMS ANP CONDITION~~~ PURPOSE:. WATER PIPE ~ . ~. AREA AFFECTED: A PORTION OF SAIDftEMlsEs ~~ RECORDING NO. 280820. (/~~ ~j . AFFECTS PARCEL B. .. (( lwl'\ ~ . ..;' V (I I . PERMIT TO EXTEND SLOPES AND 11f~ ~S ANb &.Ormr::frONS THEREIN AS DISCLOSED UNDER AUDITOR'S FILE NOS. 297216 ~~~t?~. . "'" AFFECfS PARCEL c. /?) EASEMENT AND TI-iE TERMS AN~ ~Dmo~;tHEREOF: PURPOSE: ,0 WATE~MA~) . AREA AFFECTED:. ~ ~~::I~b PREMISES RECORDING NO. /j~~~ . AGREEMENT ANfl)HE/ R~ND ~TIONS THEREOF: r l )J", " RECORDED: ~ V I ~EMaER 1, 1941 . RECORDING NO.:; 1....... 349 11l<; '7 REGARDING: '0'~~~T- F-WAY AFFECfS PAfR\ j KITSAP COtN~ COM~.I~~NER'S JOURNAL VOLUME 6, PAGE 41, AND THE TERMS AND CONDITION~~y D OCroSER 6, 1941. AFFr?~" ~ND C. . . . . E~~ENT AN[)' H TERMS AND CONDITIONS THEREOF: . /~~Ti?~ PUGET SOUND POWER AND LIGHT COMPANY . '~ ' URP~ '''" . ELECTRIC TRANSMISSION AND DISTRIBUTION SYSTEM. . ~ A ~ AFFOCZ9D: A PORTION OF SAID PREMISES ' ~c:ORQED: JANUARY 10, 1942 (~, REC))NG NO.: 352845 ~~. / .'-'~ ~~/ '~./ RESERVATIONS CONTAINED IN DEED FROM THE STATE OF WASHINGTON RECORDED UNDER RECORDING NO. 87377, RESERVING TO THE GRANTOR ALL OIL, GASES, COAL, ORES, MINERALS, FOSSILS, ETC., AND THE RI;GHT OF ENTRY FOR OPENING, DEVELOPING AND ^ WORKING THE SAME, AND PROVIDING THAT SUCH RIGHTS SHALL NOT BE EXERCISED UN<tIt~ PROVISION HAS BEEN MADE FOR FULL PAYMENT OF ALL DAMAGES SUSTAINED BY REASON"", " OF SUCH ENTRY. '" AF~CTS PARCEL D. .. . L~~~:':~~:,:~ RIGHT OF STATE OF WASHINGTON OR ITS SUCCESSORS, SUBJECT TO PAYM~N ~'" 'j \ CdMPENSATION THEREFOR, TO ACQUIRE RIGHTS-Of-WAY FOR PRIVATE RAllf\DS, sltlQ '; / ) .. ROAOS, FLUMES, CANAlS, WATER COURSES OR OTHER EASEMENTS FOR T l\>ORTING \ .'V AND MOVING TIMBER, STONE, MINERALS AND OTHER PRODUCTS FROM THIS-.AN~THER ) LAND, AS RESERVED IN DEED REFERRED TO ABOVE. . ~ "~// . /------------, ~ ~ AFfECTS PARCEL D. / ~"'~ '''~) KI~SAP COUNlY COMMISSIONER'S JOURNAL VOLUME 4, PAGE 389 A~D ~HE TERM} 1ND CONomONS THEREIN, DATED OCTOBER 3, 1921. I~/~~ ~~~ . AfFECTS PARCEL C. ((\ KITS~P COUNTY COMMISSIONER'S JOURNAL VOLUME , AGE 41';,2' AND)\ HI TERMS AND CONDITIONS THEREINr DATED MARCH 3, 1936. "... '"./ . '~:~- AFFECTS PARCEL C. s CO 200109280039 TRANSNATlON il1~E IN . PaS": 5 of 7 oeed Ree Fe": $ 4~M (imi1~iiitiillll~IIMMlI.. .. .......,'. :.': . \.... AFFECTS PARCEL B. KITSAP COUNT'( COMMISSIONER'S JOURNAL VOLUME 6, PAGE 495, AND THE TERMS AND CONDITIONS THEREIN, DATED AUGUST 26, 1946. AFFECTS PARCELS A AND C. EASEMENT AND THE TERMS AND CONDmONS THEREOF: PURPOSE: TO DRAIN WATER AND TO CONSTRl)CT AND MAiNTAIN SEWER\\ AND/OR WATER LINES' . .' " ~ \ A PORTION OF SAID PREMISES . \ \\ KITSAP COUN1Y COMMISSIONER'S JOURNAL, VOLUME?, ~E . '\ ", 304 C~ .~ AGREEMENT AriD THE TERMSANO CON omaNS THEREOF'.,,~~~~---U RECORDED: FEBRUARY 18,1953. ~ \~) ) RECORDING NO.: 572086 . ----- ~ / REGARDING: COMMUNITY WALL AGREEMENT ~~ '-- "',-- AFFECfS PARCEL A. . ( (-~ -~ -J;~\ ~""'~/ EASEMENT AND THE TERMS AND CONDITIONS THEREOF: ~ \:::J PURPOSE: . SEWER LINES ~~/ , AREA AFFECTED: A PORTION OF SAID PREMI E;; < \ RECORDING NO. 579549 \. J ) AFFECfS PARCELS A AND C. \ ~/ MATTERS SET FORTH BY SURVEY: ~~~ RECORDED: SEPTEMBER 18, ~, RECORDING NO.: . 8409180096 . ~ DISCLOSES: LOTS AND DIMENSI~ '--~ . ~~ . . '-- ~ AFFECTS PARCELS A AND c.. ;r;~ ~l fvlATTERS SET FORTH BY SURVEY: ( (~ /Ie /~)? RECORDED: JULYM) 1985 V . RECORDING NO.: 85071ifO~~ ) DISCLOSES: LOTS AND~M~I ~/ . ~'~~ AFFECTS PARCEL C. . ! (~ (' "~/ . M~1TERS SET fORTH ~ SURV~Y\. ~) RECORDED: (((J PRINJ.~ RECORDING NO.: ( 88 12ae! . DISCLOSES: . ~I) l D DIMENSIONS />",,; ~ . ~(0~~, Z;, ~ ~) ~~~ ( C)\' /~~=J; j(~ /""., ~~~ ~~~~ ~ "'" (~~~- /:j)} / ~~ AREA AFFECTED: DISCLOSED BY; "':", . TRANSNATION TITLE INS CO 200109280039 Deed Rae Fee: ~ 46.00 09/29/2007 09:35 AM Page' 6 of 7 Karen Flynn, Kitsap Co Auditor . 111I11111111~lllllllllti11111111111111111111UIIIIIIIIIIII1111111\ 1~lllllllllnlllllllll .' ... AFFECTS PARCELS A, BAND C. /^'- , ' \. \.\ \\ \, "-' '\ \, '--------- \ '-, / ----- ". " ~~'\ ~-----....... " (I /~,~ ) \) ( ..,>- \ V ,,\ \ \ ) '. z.. .' I ,'- I ~~//. '/ .' ---;:r-~-, ~ "'-. DECLA, RATIONClF LAND PATENT AND THE TERMS AND CONDITIONs.rr' ~PQS~~'B-Z~;- . INSTRUMENT RECORDED UNDER RECORDING NO. 9004020082. \ '\, ') \' -J AFFECTS PARCEL A. . . . .. /;~ <....~) . ALL COVENANTS, CONDmONS, RESTRICTIONS, RESE!t0.f\.110NS; EAS~? OR OTHER SERVTIUDES, IF ANY, DISCLOSED BYTHE SURVEY RE~RDED UNDER ,\ECyRDING NO. 200503300319. . \'.) I . . THIS POliCY DOES NOT INSURE THAT THE LAND DES ~ IN SCHE9UL,~ A IS BENEFITED BY EASEMENTS, COVENANTS OR OTHER APPURTENANCEs,-S~Jt~ PLAT OR SURVEY TO BENEFIT OR BURDEN REAL PROPERTY OUTSIDE THE BO~ SAID LAND. REUNQUISH(\,lENT OF ALL EASEMENTS EXI~ G, FUTURE OR POTENTIAL, FOR ACCESS, LIGHT, VIEW AND AIR, AND ALL RIGHTS Onl\l~ 5, EGRESS AND REGRESS TO, FROM AND BETWEEN THE LAND AND THE HIGHWAY OR HIG\tW TO BE CONSTRUCTEDON LAND CONVEYED BY DEED. '. ~ /~ ~ TO: STATE OF WAsf!f~J~ " DATED: JULY 5, ZOOS I / I ~ RECORDED: SEPTEMBER i~'(20<1(\ . RECORDING NO.: 200V2303~ > I )' 0"V~j'/ ~ ~'---. ----_/ AFFECTS PARCEL C. /----. "------ ~ ' . I ..--J '---. ') ". RELINQUISHMENT OF ALL E~ry(ENTS EXlSTINB', FUTURE OR POTENTIAL, FOR ACCESS, UGHT, VIEW AND AIR, AND uJ RIGHts~ Of GRESS, EGRESS AND REGRESS TO, FROM AND . BETWEEN THE LAN~D TH ~lGHWAY 'f IGHWAYS TO BE CONSTRUCTED ON LAND , CONVEYED BY DE~ /"-'''< .", ~ ',' TO: (( _~1J~~SHINGTON . DATED: \ .,/) AP+'!JL 2006 RECORDED: /) '1 (, JUNE"9-,,2 6 . RECORDINQ!N~~60, 60 0134 \; <. '- "------ . 1 '---. V ! /,-, ~ AFFECTS PARCEL D:"------ '-~ . ..(g~j ..~~~ . (::::' ~" ~ " ~~"------ ~'---.~ . .,~ .. ~ \ ~~.. )1 ~---:.~~// '~_// MATTERS SET FORTH BY.SURVEY: RECORDED: RECORDING NO.: DISCLOSES: JANUARY 31, 1989 8901310059 . EASTERLY PROPER1Y UNE AFFECTS PARCEL D. NOTICE AND THE TERMS AND CONDmONS THEREOF: RECORDED: SEPTEMBER 8, 1989 RECORDING NO.: 8909080031 REGARDING: DANGEROUS BUILDING' AFFECTS PARCELS BAND C. TRANSNATION TITLE INS CO 200709280039 Deed Rec Fee, $ 46.00 09/28/200709;35 RM ~ Karen Flynn, Kitsap Co Ruditor Page: , of 7 111111111111111111111111111111111111111111111111111111111111III mllllllllllllllllllllllll . .,..... ..,. . .. ", '."" TRANSNATION TITLE INSURANCE COMPANY 9619 Levin Road, NW, Silverdale, WA 98383 Phone: (360) 692-4556 CLOSING STATEMENT FINAL Property: Bremerton Navy Yard City ,WA Buyer(s )/Borrowcr(s): Benjamin P. Holmes Cindy Holmes Escrow No: 20319082-KAB Close Date: 09/28/2007 Proration Date: 09/28/2007 Sellel'(sj/Lellder(s) City of Bremcrton Seller Buyer - - ~- .0 .. Dcscrintion ___. _u ". o . Debit Credit Debit Credit TOTAL CONSIDERATION: 365,520.00 Total Consideration 365,520.00 Deposit/Earnest Money 10,000.00 deposit from buyers 357,212.20 TITLE AND ESCROW CHARGES: 40.S5 Escrow Sales Tax to Transnation Title Insurance Company 40.85 454.00 Owners Policy to Transnation Title Insurance Company 39.04 Title Sales Tax to Transnation Title Insurance Company 47500 Escrow Fee to Transnation TItle Insurance Company 475.00 RECORDING FEES: Recording Fees to Transnation Title Insurance Company 45.00 10.00 County Transfer Tax to Kitsap Coiunty Treasurer ADDITIONAL CHARGES: 4600-026-001-0000 to Kitsap County Treasurer.. 22.4S #4600-026-002-0009 to Kitsap Co. Treas. 10 I. 6S #4600-026-004-0007 to Kitsap Co. Treas.. 10352 #4600-021-001-0001 to Kitsap Co. Treas... 7.58 #4600-009-036-0005 to Kitsap Co. Treas.... 5.40 #222401-4-070-2008 to Kitsap Co. Treas..... 10.28 #4600-026-004-0106 to Kitsap Co. Treasurer...... 51.44 #222401-4-069-2001 to Kitsap Co. Treasurer....... 7200 #222401-4-068-2002 to Kitsap Co. Treasurer........ 61.74 #222401-4-079-2009 to Kitsap Co. Treasurer.......... 61.22 #4600-009-035-0006 to Kitsap Co Treasurer.......... (POC $0.0 I j :ilI,OJ 8.89 $365,520.00 .... --------.- .u _~_ Sub Totals Sub Totals $366,578.19 Si367.212.20 5364,50 I 11 Proceeds Due Seller Refund Due Buyer :ii634.01 on .. 5365,5200() :ii365.520.00 Totals Totals . .. $3(7)T2:2(), S'j();, ,21221) Printed: 09/28/2007 3: 15: 18PM r/ 08-30-'07 11:09 FROM~HOLMES MECHANICAL ~8130/2007 08:10 3604735161 360-698-1843 BREMERTON CITY ~TTY T-038 P002/002 F-036 PAGE 02/02 .. FIRST AMENDMENT TO R'EAL ESTATE PURCHASE AND SALE AGREEl\IJ.ENT WITH EARNEST MONEY PR.OVISION This First Amendmen.t to Real Estate PUl"chase and Sale Agreement is entered into between the CITY OF BREMERTON (Seller) and BENJAMIN P. HOLMES (Buyer) and am.ends the Real Estate Purchase and Sale Agreement with Earnest Money Provision as follows: A. The D.rst paragraph is amended to read as follows; This Agreement is entered between the CITY OF RREMERTON, a Washington municipal corporl1tion ("Seller')j and Benjam.in P. HoJmes and Cindy Holm~("Buyef") for the sale and purchase of real pr.operty as follows: B. Para.graph 8) Closing of the Sale is Amended to change the closing date to on or before September 28, 2007. All other terms of the Real Estate Pu1;'ohase and Sale Agreement with Earn.est Money Provision shalJ remain in fhll force and effect. IN WITNESS WHEREOF, the parties hereto have execu.ted this Amendment Oll the date set forth below. SELLER: . CITYO~ By; Cary Boze,man Its: Mayor Dated: ~-2-Q--0/ BUYER: ~~- Benjamin P. Holmes Dated: l1iA.b 30 I ..2 tJ() 7 C~~ Date: ~ :;0 +ic cg FORM: By' Roger . Luhovich, City Attorney . R:\Legl1l\L.cLW1\FIlc..o\Currenl Active Filr.s\Hlllmm-Real ERlate TrnTls3ct1011\lm ~...---- -'- -' ./ / tncnt to JU!PSA.doc .1 REAL ESTATE PURCHASE AND SALE AGREEMENT WITH EARNEST MONEY PROVISION This agreement controls the terms of the sale of real property. (Please read carefully before si2;nin2;.) This Agreement is entered between the CITY OF BREMERTON, a Washington municipal corporation ("Seller"), and Benjamin P. Holmes ("Buyer"), for the sale and purchase of real property as follows: 1. PROPERTY. The property, including all improvements and appurtenances situated thereon, which Buyer agrees to buy and Seller agrees to sell, is legally described in Exhibit A, attached hereto and incorporated herein by this reference. A map indicating the location of the Property is also attached as Exhibit B, incorporated herein by this reference. 2. EARNEST MONEY. Received from Buyer, Ten Thousand Dollars ($10,000) as earnest money and part payment on the purchase price for the Property. Earnest Money shall be deposited with the Escrow Agent within five (5) days after execution of this Agreement and shall be held by the Escrow Agent for the benefit of the parties until released pursuant to the terms of this Agreement. 3. PURCHASE PRICE. The total purchase price is Three Hundred Sixty Five Thousand Five Hundred Twenty Dollars ($365,520.00), plus conveyance of a parcel described and depicted in Exhibit C from Buyer to Seller for additional right-of-way for SR 304. The total purchase price, including earnest money shall be due in cash at closing. 4. OPTION TO PURCHASE. If the sale and purchase contemplated herein closes, then the Seller grants to the Buyer an option to purchase the property described in Exhibit D ("Option Property") for the current tax assessed value of$9,480, upon receipt of title by Seller to the Option Property. If the sale and purchase contemplated herein fails to close or ifthe Seller does not receive title to the Option Property within five (5) years of the date of closing the sale contemplated herein, then neither party hereto shall have any rights or obligations regarding this option to purchase. This option must be exercised by Buyer within six (6) months of notice to Buyer by Seller that Seller has acquired title to the Option Property. 5. CONTINGENCIES. This agreement is contingent upon: (a) Acceptance of its terms by the Bremerton City Council. (b) Buyers review and approval of the title report on the property prior to Closing. (c) Seller conveying and recording at closing a storm easement to Buyer in a form agreed upon by the parties. Should any of these contingencies not be met prior to closing, then this Agreement shall terminate except neither Buyer nor Seller shall have any further rights, duties or obligations hereunder, except that the Earnest Money held in escrow shall be immediately returned to Buyer. 6. CONVEYANCE AND CONDITION OF TITLE. The title to the real property REAL ESTATE PURCHASE AND SALE AGREEMENT Page 1 of 4 shall be conveyed by Seller to Buyer at closing by Statutory Warranty Deed, free and clear of all liens, encumbrances or defects except those described in Paragraph 6 below. 7. TITLE INSURANCE. At Closing, Seller shall cause Transnation Title Insurance Company, whose address and telephone number is 9619 Levin Road NW Silverdale, Washington 98383, (360 692-4556), to issue a standard form owner's policy of title insurance to Buyer in an amount equal to the total purchase price of the Property. The cost ofthis policy shall be paid from Seller's funds at Closing. If an extended coverage owner's policy is requested by Buyer, then Buyer shall pay the increased costs associated with that policy including the excess premium over that charged for a standard coverage policy, and the cost of any survey required by the title insurer. For purposes of this Agreement, the following shall not be deemed encumbrances or defects: rights reserved and federal patents or state deeds; building or use restrictions consistent with current zoning, and utility and road easements of record. If title cannot be made so insurable prior to the Closing date called for herein, unless, Buyer elects to waive such defects or encumbrances, this Agreement shall terminate. 8. CLOSING COSTS AND PRO-RATIONS. The cost of escrow shall be shared equally between Buyer and Seller, except those fees which are expressly limited by Federal Regulation. Seller shall pay for excise tax and revenue stamps as applicable. Buyer shall pay recording fees. Taxes for the current year, rents, interest, Association, Condominium and/or Homeowner's fees, water and other utility charges, if any, shall be pro-rated as of date of closing unless otherwise agreed. 9. CLOSING OF THE SALE. With the understanding that time is of the essencefor this agreement, this sale shall be closed on or before August 31, 2007 which shall also be the termination date of this agreement unless said closing date is extended in writing by mutual agreement of the parties. When notified, the Buyer and Seller will deposit, without delay, in escrow with Transnation Title Insurance Company (Escrow Agent) all instruments and monies required to complete the transaction in accordance with this agreement. Closing, for the purpose of this agreement, is defined as the date that all documents are executed and the sale proceeds are available for disbursement to the Seller. 10. CASUAL TY LOSS. If prior to closing, improvements on said premises shall be destroyed or materially damaged by fire or other casualty, this agreement, at option of the Buyer, shall become null and void. 11. POSSESSION. Buyer shall be entitled to possession of the properties as follows: (a) Seller shall deliver possession of Parcels # 1, 5 & 6 to Buyer no later than the end of the day on the closing date. (b) Seller shall deliver to Buyer possession of Parcel #4 at the time of substantial completion of Charleston Beach Road. (c) Within thirty (30) days of substantial completion of SR304 Project, Seller shall demolish and dispose of building and all foundation and debris on Parcel #2 and deliver possession to Buyer. (d) Possession of all parcels shall be complete on or before October 1, 2008. REAL ESTATE PURCHASE AND SALE AGREEMENT Page 2 of 4 12. SELLER'S ENVIRONMENTAL REPRESENT A TIONS. Seller makes no representations as to the environmental condition of the property. This provision shall survive closing. 13. HOLD HARMLESS. As partial consideration for the purchase of the Property, Buyer purchases the property and improvements "as is" and agrees to hold the Seller harmless from any environmental condition or defect whether known or unknown. This provision shall survive closing. 14. DEFAULT AND ATTORNEY'S FEES. (a) Buyer's Default. If Buyer defaults hereunder, Seller's sole remedy shall be limited to damages against Buyer in the liquidated amount ofthe earnest money previously paid the Buyer. Buyer and Seller intend that said amount constitutes liquidated damages so as to avoid other costs and expenses to either party in connection with potential litigation on account of Buyers' default. Buyer and Seller believe said amount to be a fair estimate of actual damages. (b) Seller's Default. If Seller defaults hereunder, Buyer shall have all the rights and remedies available at law or in equity. (c) Attorney's Fees and Costs. In the event oflitigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. 15. NOTICE TO BUYER. This form contains provisions for an agreement for the purchase and sale of real estate. The Seller makes no warranty or representation of any kind that this form, or any of its provisions, is intended to meet the factual and legal requirements of a particular transaction, or that it accurately reflects that laws of the State of Washington at the time you enter the agreement. This agreement has significant legal and financial consequences. By signing this agreement, Buyer acknowledges that Buyer has or has had the opportunity to consult with an attorney regarding Buyers rights and obligations in this agreement. 16. BROKERS FEES/COMMISSIONS. Buyer agrees to indemnify, defend and hold harmless Seller with respect to any claim by any person or entity claiming through Buyer to be entitled to a commission with respect to the transaction contemplated by this agreement. 17. NON-MERGER. The terms, conditions, and provisions of this Agreement shall not be deemed merged into the deed, and shall survive the Closing and continue in full force and effect. 18. NOTICES. All notices required or permitted to be given hereunder shall be in writing and shall be sent U.S. certified mail, return receipt requested, or by facsimile transmission addressed as set forth below: (a) All notices to be given to Seller shall be addressed as follows: Mayor City of Bremerton 345 6th Street, Suite 600 Bremerton, Washington 98337-1873 REAL ESTATE PURCHASE AND SALE AGREEMENT Page 3 of 4 (b) All notices to be given to Buyer shall be addressed as follows: Benjamin Holmes 10890 Old Frontier Road NW Silverdale, W A 98383 Either party hereto may, by written notice to the other, designate such other address for the giving of notices as being necessary. All notices shall be deemed given on the day such notice is personally served, or on the date ofthe facsimile transmission, or on the third day following the day such notice is mailed in accordance with this paragraph. 19. ENTIRE AGREEMENT. This agreement, including all incorporated exhibits, constitutes the full understanding between seller and buyer. There have been no verbal or other agreements that modify this agreement. 20. BINDING EFFECT AND SURVIVAL. This Agreement shall be binding upon parties hereto and their respective heirs, successors and assigns; and the terms, conditions and provisions of this Agreement shall survive the closing of this transaction. 21. DATE OF MUTUAL ACCEPTANCE. For the purposes of this Agreement, the date of mutual acceptance of this Agreement shall be the last date on which the parties to this Agreement have executed this Agreement as indicated below. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set forth below. SELLER: CITYOFBRE~ BY:~ Cary Bozeman, Mayor BUYER: ~ ~~::t? Benjamin Holmes Dated: 'l-S- 0 , Dated: J tA./V!3. ;1., 8 c:z. 00 7 APPROVED A , City Attome R:\Legal\Legal\Files\Current Active Files\Holmes-Real Estate Transaction\REPSA.doc REAL ESTATE PURCHASE AND SALE AGREEMENT Page 4 of 4 EXHIBIT A PARCEL 1 Tax Account No. 4600-026-004-0106 That portion of Lots 4 through 8, Navy Yard City, as per plat recorded in Volume 3 of Plats, Page 75, Records of Kit sap County, Washington; and vacated Highland Drive lying between Old Navy Yard Highway Number 14 and New Navy Yard Highway Number 21; also that portion Lots 9 and 10 lying south of Navy Yard Highway; and except new state highway; also that portion of Lots 11 and 12 lying south of Navy Yard Highway; except new street. Tax Account No. 222401-4-068-2002 That portion of Government Lot 2, in Section 22, Township 24 North, Range 1 East, W.M.; and that portion of Lot 1, Block 21, Charleston Tidelands lying between Old Navy Yard Highway and State Highway Number 21 described as follows: beginning at a point on south right of way line of Old Navy Yard Highway which is North 40007'17" East 1.02 feet ofthe intersection of the centerline of said Section 22 and the South right of way line of said Navy Yard Highway, said point being the True Point of Beginning; thence South 47056'23" East a distance of 15.93 feet to the Northwesterly right of way line of State Highway No. 21; thence along said right of way 52.38 feet; thence leaving said right of way, North 47010'23" West 37.35 feet to the southerly right of way line of the Navy Yard Highway, as now exists; thence South 40007'17" West along said right of way, a distance of .35.88 feet; thence South 0043'30" West 23.56 feet to the South right of way line of said Navy Yard ,Highway before vacated; thence Southerly 15 feet; thence North 40007'17" East 1.0 feet along said right of way line to the True Point of Beginning. *Location, at intersection of Navy Yard Highway and Marion Avenue Tax Account No. 222401-4-069-2001 That portion of Government Lot 2 and Tideland in Section 22, Township 24 North, Range 1 East, W.M., as described as follows: beginning at a point on the South boundary of Navy Yard Highway, 58.23 feet; thence Northeasterly from initial point which is 1.02 feet East of the intersection ofthe centerline of Section 22 and the South boundary of Navy Yard Highway; thence south 46055' East 384.48 feet; thence North 56049'48" East 63.05 feet along the inner harbor line; thence North 47052' West 404.18 feet; thence South 38012' West 54.74 feet to beginning; except new State Highway and except to U.S.A *Location 40 Charleston Bremerton Tax Account No. 222401-4-070-2008 Portion of Government Lot 2 in Section 22, Township 24 North, Range 1 East, W.M., in Kitsap County, Washington, described as follows: beginning at a point on the South boundary line of Navy Yard Highway, 113.06 feet in a Northeasterly direction from the initial point, which is 1.02 feet East of the inter section of the centerline of Section 22 and the Southerly boundary of Highway; thence South 47052' East 404.18 feet; thence North 56049'48" East 45.02 feet along the inner harbor line; thence North 47044' West 503.86 feet; thence South 38012' West 44.86 feet; thence South 47052 East 85.20 feet to the Point of Beginning; except to road; except new state highway and except portion lying northwesterly of Highway and except to U.S.A. and except per Auditor's File No. 746589. *Location 50 feet Northeast of the intersection of Navy Yard Highway and Marion Ave. PARCEL 2 Tax Account No. 222401-4-079-2009 That portion of Government Lot 2, Section 22, Township 24 North, Range 1 East, W.M., in Kitsap County, Washington and of Block 21 of Charleston Tidelands, described as follows: beginning at a point on the Southerly line of the former Navy Yard Highway which is 279.5 feet Northeasterly from an initial point on said Highway 1.02 feet East of the center line of Section 22; thence Northeasterly along said Navy Yard Highway 104.48 feet, more or less, to the Southwesterly line of a tract conveyed August 22, 1935 to Claire M. Hopkins by deed recorded under Auditor's File No. 295709; thence South 54013' East to the northerly line of primary State Highway No. 21; thence Southwesterly along said State Highway to a point South 53002' East from the Point of Beginning; thence North 53002' West to the Point of Beginning, situate in Kitsap County, Washington. PARCEL #4 Tax Account No. 4600-026-001-0000 That portion of Lot 1, Block 26, Navy Yard City, as recorded in Volume 3 of Plats, Page 75 records of Kit sap County, and of Government Lots 2 and 3, Section 22, Township 24 North, Range 1 East, W.M. described as follows: that portion lying Southwesterly of the following described line; commencing at the monument at center of Section 22; thence South 0049'53" West 1617.59 feet along the center line of said Section 22, to the Easterly line of the Westerly vacated 15 feet of the Navy Yard Highway right of way; thence North 38012' East along said vacated right of way line, 56 feet to the True Point of Beginning of the described line; thence North 27015' West 117.84 feetto the Northwesterly line of Lot 1, Block 26 of the Plat of Navy Yard City; including portion of vacated McCall Boulevard and Highland 'Marion' Drive adjacent pursuant to Commissioners Journal Volume 7 Page 304 EXCEPT that portion conveyed to the State of Washington for SR304, SR3 interchange under Auditor's File No. 200509230391, records of Kitsap County, Washington. Tax Account No. 4600-026-002-0009 Lots 2 and 3, Block 26, Navy Yard City, as per plat recorded in Volume 3 of Plats, Page 75, records of Kitsap County, Washington; except 50 feet for road; including portion of vacated McCall Boulevard pursuant to Commissioners Journal Volume 7 Page 304 EXCEPT that portion conveyed to the State of Washington for SR304, SR3 interchange under Auditor's File No. 200509230391, records of Kitsap County, Washington. Tax Account No. 4600-026-004-0007 Lots 4 and 5, Block 26, Navy Yard City, as per plat recorded in Volume 3 of Plats, Page 75, records of Kitsap County, Washington; except 50 feet for road; and except South of Highway; including vacated portion of McCall Boulevard adjacent pursuant to Commissioners Journal Volume 7 Page 304. EXCEPT that portion conveyed to the State of Washington for SR304, SR3 interchange under Auditor's File No. 200509230391, records of Kitsap County, Washington. PARCEL #5 Tax Account No. 4600-021-001-0001 Lot 1, Block 21, Navy Yard City, as per Plat recorded in Volume 3 of Plats, Page 75, records of Kitsap County, Washington; including portion of vacated First Street and McCall Boulevard adjacent , pursuant to Commissioners Journal, Volume 7, Page 304. PARCEL #6 Tax Account No. 4600-009-035-0006 Lot 35, Block 9, Navy Yard City, as per Plat recorded in Volume 3 of Plats, Page 75, records of Kitsap County, Washington. Tax Account No. 4600-009-036-0005 Lots 36 through 40, Block 9, Navy Yard City, as per Plat recorded in Volume 3 of Plats, Page 75, records of Kitsap County, Washington; including portion of vacated First Street adjoining per Commissioners Journal Volume 7, Page 304; except portion of above lots and vacated street per Volume 592, Page 376. 0> ~ " IJi .~ ..... ... \I) g. ... Q .... 0 \I) t5 II) 11)' \I)', .s' 0, ::J::: ... -l? ..... ;Q ~ LJ .-- ~ .S: ~ ~ " ..... ;Q ~ LJ .-- S ~ .t:; .0> ::i: "E ~ S. ~ I ~ ~ ~ .-- 0:: -q;: ~ ~ .-- ({) e5 (rj ~ -.J -.J -q;:, .--' t:.: EXHIBIT MAP FOR PROPERTY SALES & ACQUISITION WI BUZZ HOLMES PORTION OF G.L2 SEC.21 ,T.24N.,R.1 E.,WM KrTSAP CO., WA 5129107 - S.J./G.F. EXHIBIT C (NEW ROW) THAT PORTION OF GOVERNMENT LOT 2, SECTION 22, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., AND OF BLOCK 21, CHARLESTON TIDE LANDS, ALL IN KITSAP COUNTY, WASHINGTON, BEGINNING AT A POINT ON THE SOUTHERLY LINE OF THE OLD NAVY YARD HIGHWAY WHICH IS 294.5 FEET NORTHEASTERLY FROM AN INITIAL POINT ON SAID HIGHWAY 1.02 FEET EAST OF THE CENTER LINE OF SAID SECTION 22; THENCE SOUTHWESTERLY ALONG SAID HIGHWAY 15 FEET TO THE TRUE POINT OF BEGINNING; THENCE S53*02'E ALONG THE SOUTHWESTERLY LINE OF THE TRACT SOLD TO DRISCOLL UNDER AUDITOR'S FILE NO. 574014 TO THE NORTHERLY MARGIN OF PRIMARY STATE HIGHWAY NO. 21; THENCE SOUTHWESTERLY ALONG SAID MARGIN TO A POINT WHICH IS 161.5 FEET SOUTHWESTERLY OF AS MEASURED PARALLEL TO AND AT RIGHT ANGLES TO THE SOUTHWESTERLY LINE OF SAID DRISCOLL TRACT; THENCE N53*02W TO THE SOUTHERLY MARGIN OF SAID OLD NAVY YARD HIGHWAY; THENCE NORTHEASTERLY ALONG SAID SOUTHERLY MARGIN 161 FEET, MORE OR LESS, TO THE POINT OF BEGINNING; TOGETHER WITH THAT PORTION OF VACATED CHARLESTON BEACH ROAD W. (OLD NAVY YARD HIGHWAY) ADJOINING ON THE NORTHWEST AND BEING 15 FEET IN WIDTH. LYING SOUTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE NORTHWESTERLY RIGHT OF WAY OF SR 304, AS SHOWN ON THE RIGHT OF WAY PLANS, ON FI LE WITH THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION, TITLED "SR 304 MP 0.16 TO MP 1.66 SR 3 INTERCHANGE TO MONTGOMERY AVENUE", BEING AT ENGINEER'S STATION 48+30.67,60 FEET LEFT; THENCE NORTHEASTERLY IN A STRAIGHT LINE TO A POINT BEING AT ENGINEER'S STATION 49+70.68,58.34 FEET LEFT, ALSO BEING THE TERMINUS. I~<'.' ) , "- '" '- '" '- , "'" - .'- 1/ / /' "/ / , I , I ", "\ , '. "-, "''''- / / " // ----/ "'"" // / ". /, " / "V//' P NEW ROW /' EXHIBIT C ~7/ / -- EXHIBIT D Legal Description of Option Property PARCEL #3 Tax Account No. 222401-4-076-2002 Parcel 1: portion of Government Lot 2, Section 22, Township 24 North, Range 1 East, W.M., described as follows: commencing at the concrete monument at the center of said Section 22; thence South 0049'53" West 1592.88 feet along said center line of said Section 22 to a point on the north margin of Navy Yard Highway; thence North 0049'53" East 41.18 feet; thence North 38012' East 141.90 feet on a line parallel with the margin of said Navy Yard Highway; thence South 50022' East 25.01 feet to a point on the North margin of Navy Yard Highway; thence North 38012' East 22.38 feet along the margin of Navy Yard Highway to the True Point of Beginning of the tract ofland conveyed to Edwin S. Akins, by deed recorded under Auditor's File No. 527510; thence North 53002' West 45.01 feet; thence North 38012' East 24.00 feet; thence South 53002' East 45.00 feet, more or less, to the North margin of said Navy Yard Highway; thence Southwesterly along said Highway 24 feet, more .or less, to the True Point of Beginning; together with the Northwesterly 15 feet of vacated Navy Yard Highway adjoining said tract. Parcel 2: that portion of Government Lot 2, Section 22, Township 24 North, Range 1 East, W.M., described as follows: commencing at the concrete monument at the center of said Section 22; thence South 0049'53" West 1592.88 feet along said center line of said Section 22 to a point on the North margin of Navy Yard Highway; thence North 0049'53" East 41.18 feet; thence North 38012' East 141.90 feet on a line parallel with the margin of said Navy Yard Highway; thence South 50022' East 25.01 feet to a point on the North margin on Navy Yard Highway; thence North 38012' East 22.38 feet along the margin of Navy Yard Highway; thence North 53002' West 45.01 feet; thence North 38012' East 24 feet; thence South 53002' East 45 feet, more or less, to the North margin of said Navy Yard Highway and the True Point of Beginning ofa tract ofland conveyed to Edward S. Akins by deed recorded under Auditor's File No. 538121; thence Northeasterly along said Navy Yard Highway 20 feet; thence North 53002' West 50 feet; thence South 38012' West 24 feet; thence South 53002' East 5 feet; thence North 38012' East 4 feet; thence South 53002' East 45.01 feet, more or less, to the True Point of Beginning; together with the Northwesterly 15 feet of vacated Navy Yard Highway adjoining. EXCEPT that portion conveyed to the State of Washington for right of way under Auditor's File No. 200502220147. EXCEPT a 10 foot strip lying adjacent to Charleston Beach Road for additional right of way.