HomeMy WebLinkAbout5068Contract Number:
Vendor:
Sub�ect:
Department:
File Class:
Begin Date:
End Date:
Review Date:
Vault Date:
5068
BREMERTON CINEMA, LLC
Purchase and Sale - Park Ave Plaza Cinema Air Space
Legal
LEG 12-1
7/26/2011
12/31/2011
12/1/2013
1/1/2014
Comments: Retention - 10 years after sale
{ �
w
�" � A
1
FIItST AMENDMENT TO REAL ESTATE PURC�IASE AND SALE
AGREEMENT
This First Amendment to Real Estate Purchase and Sale Agreement is entered into
between the CITY OF BREMERTON (Seller) and BREMERTON CINEMA, LLC
(Buyer) and amends the Real Estate Purchase and Sale Agreement dated July 26, 2011
A. Section 4 is amended to read as follows
CONTINGENCIES. This agreement is contmgent 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 Closmg
(�c� City Council approval of the Parkmg Lease Agreement
synonymously with the sigmng of this real estate purchase and sale
agreement
Should any of these contmgencies not be met
prior to closmg, then this Agreement shall termmate
and neither Buyer nor Seller shall have any further rights, duties or obligations hereunder,
except that the Earnest Money held m escrow shall be immediately returned to Buyer
Seller will contmue its commitment to complete the construction of the
Park Plaza Parkm��e currently anticipated to be substantially com�lete on
or about October 1, 2011
B. Section 6 is amended as follows
TITLE INSURANCE. At Closmg, Seller shall cause Farst Amerccan Title
Insurance Companv, 818 Stewart Street. Suite 800, Seattle. WA 98101, (206) 728-
040 ni .,ua �r..�.. ��.�,.�....... ..�,,.�e „aa..e�� .,�a �°ie�t,,..,e ., ...,�.e.. .� n�c� r � � n,.,.a �nz�
, ,
c �"'" °Q�B�-3CA-Fi9��2�� to issue a standard form owner's policy of title
D7STG71TCT1�1'PS1 JD �
msurance to Buyer m an amount equal to the total purchase price of the Property The
cost of this policy shall be paid from Seller's funds at Closmg If an extended coverage
owner's policy is requested by Buyer, then Buyer shall pay the mcreased costs associated
with that policy mcludmg the excess premium over that charged for a standard coverage
policy, and the cost of any survey required by the title msurer For purposes of this
Agreement, the followmg shall not be deemed encumbrances or defects rights reserved
and federal patents or state deeds, buildmg or use restrictions consistent with current
zonmg, and utility and road easements of record if title cannot be made so msurable
prior to the Closmg date called for herem, unless, Buyer elects to waive such defects or
encumbrances, this agreement shall termmate
.: .
��
�
C. Section 8 is amended to read as follows
CLOSING OF THE SALE. Wcth the understanding that tame is of the essence
for thcs agreement, this sale shall be closed
n or before October 1, 2011 which shall also be the
termination date of this agreement unless said closmg date is extended in writmg by
mutual agreement of the parties When notified, the Buyer and Seller will deposit,
without delay, m escrow with Farst Amertican Title Insurance Companv '���
�e�Z�a�-all mstruments and momes required to complete the transaction m accordance
with this agreement Closmg, 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
All other terms of the Real Estate Purchase and Sale Agreement shall remam m full force
and effect
This document may be executed m counterparts
IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date
set forth below
f.��IL� � 7
CITY OF BREMERTON
� ��
B y Patt nt
Its Ma a
Dated %" �'l�
: 11•/�1:7
BREMERTON CINEMA, LLC
'����
�,�,� l3( �ss�f-
Its Managmg Member
Dated � - 7' � (
APPROVED AS TO FORM
By
Roger A Lubovich, City Attorney
R�Legal�Legal\F�les\Current Achve Files\Cmema Pad Rea! Estate Sale\lst Amendment to PSA1 doc
�a
< <
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 signing.)
This Agreement is entered between the CITY OF BREMERTON, a Washmgton
mumcipal corporation ("Seller"), and BREMERTON CINEMA, LLC, a limrted liability
corporation Buyer"), for the sale and purchase of real property as follows
1. PROPERTY. The property which Buyer agrees to buy and Seller agrees to sell,
is commonly known as the Park Avenue Plaza cinema air space consistmg of 20,500 square feet
f, situated on real estate located at Burwell Street and Park Avenue, Bremerton, Washmgton (the
"Property"), and which Property is legally descnbed m Exhibit A, attached hereto and
mcorporated herem by this reference A map indicatmg the location of the Property is also
attached as Exhibit B, incorporated herem by this reference
2. EARNEST MONEY Received from Buyer, FIFTY THOUSAND AND
NO/100 DOLLAdtS ($50,000.00) as earnest money and part payment on the purchase pnce for
the Property
3. PURCHASE PRICE. The total purchase pnce for the Property is FIVE
HUNDRED THOUSAND AND NO/100 DOLLARS ($500,000.00), mcludmg earnest money,
payable on closmg
4. CONTINGENCIES. This agreement is contmgent 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
Closmg
(c) Substanhal completion of the Park Avenue Plaza Parkmg Garage
(d) City Council approval of the Parkmg Lease Agreement synonymously
with the sigmng of this real estate purchase and sale agreement
Should any of these contmgencies not be met within 120 days from the date of
mutual acceptance of this Agreement, then this Agreement shall termmate and neither Buyer nor
Seller shall have any further nghts, duties or obligations hereunder, except that the Earnest
Money held in escrow shall be immediately returned to Buyer
5. CONVEYANCE AND CONDITION OF TITLE. The title to the Property
shall be conveyed by Seller to Buyer at closing by Statutory Warranty Deed, free and clear of all
liens, encumbrances or defects except those descnbed in Paragraph 6 below
6. TITLE INSURANCE. At Closing, Seller shall cause Land Title Company,
whose address and telephone number is 9657 Levm Road NW, Silverdale, WA 98383, 360-692-
2233 to issue a standard form owner's policy of title insurance to Buyer in an amount equal to the
1
Bremerton Cinema Purchase
& Sale Agreement
total purchase pnce of the Property The cost of this policy shall be paid from Seller's funds at
Closmg If an extended coverage owner's policy is requested by Buyer, then Buyer shall pay the
increased costs associated with that policy mcludmg the excess premium over that charged for a
standard coverage policy, and the cost of any survey required by the trtle insurer For purposes of
this Agreement, the following shall not be deemed encumbrances or defects nghts reserved and
federal patents or state deeds, buildmg or use restnctions consistent with current zomng, and
utility and road easements of record if title cannot be made so msurable pnor to the Closing
date called for herem, unless, Buyer elects to waive such defects or encumbrances, this
agreement shall termmate
7. 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 Taxes for the
current year, rents, interest, Association, Condomimum and/or Homeowner's fees, water and
other utility charges, if any, shall be pro-rated as of date of closmg unless otherwise agreed
8. CLOSING OF THE SALE. With the understandmg that time is of the essence
for thts agreement, this sale shall be closed by 30 days after substantial completion of the Park
Avenue Plaza Parkmg Garage which shall also be the termination date of this agreement unless
said closmg date is extended in wntmg by mutual agreement of the parties When notified, the
Buyer and Seller will deposit, wrthout delay, m escrow with Land Tatle Company all mstruments
and monies required to complete the transaction m accordance with this agreement Closmg, for
the purpose of tlus agreement, 2s defined as the date that all documents are executed and the sale
proceeds are available for disbursement to the Seller
9. CASUALTY LOSS. If pnor to closing, improvements on said premises shall be
destroyed or matenally damaged by fire or other casualty, tlus agreement, at option of the Buyer,
shall become null and void
10. POSSESSION. Buyer shall be entitled to possession on closmg
11. SELLER'S REPRESENTATIONS. Seller represents that
(a) Seller will mamtam the Property in present or better condrtion unhl time
of agreed possession,
(b) Seller has no knowledge or notice from any governmental agency of any
violation of laws relatmg to the Property, and
(c) The Property is not encumbered by any leases
12. SELLER'S ENVIRONMENTAL REPRESENTATIONS. Seller makes no
representations as to the environmental condition of the property This provision shall survive
closing
13. 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 of the earnest money previously
2
Bremerton Cinema Purchase
& Sale Agreement
paid the Buyer Buyer and Seller mtend that said amount constitutes liquidated damages so as to
avoid other costs and expenses to either party m 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
nghts and remedies available at law or m equity
(c) Attorney's Fees and Costs. In the event of litigation to enforce any of the
terms or provisions herem, each party shall pay all its own costs and attorney's fees
14. NOTICE TO BUYER. This form contains provisions for an agreement for the
purchase and sale of real estate The Seller makes no warranty or representatron of any krnd that
this form, or any of its provisions, is mtended 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 sigmficant legal and financial consequences
By sigmng this agreement, Buyer acknowledges that Buyer has or has had the opportumty to
consult with an attorney regardmg Buyers nghts and obligations m this agreement
15. BROKERS FEES/COMMISSIONS. Buyer agrees to mdemnify, defend and
hold harmless Seller with respect to any claim by any person or entrty claimmg through Buyer to
be entitled to a commission with respect to the transaction contemplated by this agreement
16. NON-MERGER. The terms, conditions, and provisions of this Agreement shall
not be deemed merged mto the deed, and shall survive the Closing and contmue m full force and
effect
17. NOTICES All notices required or permitted to be given hereunder shall be m
wntmg 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
(b) All notices to be given to Buyer shall be addressed as follows
James Blissett
Bremerton Cmema, LLC
2303 West Commodore Way, Suite 205
Seattle, WA 98199
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 of the facsimile transmission, or on the third
3
Bremerton Cinema Purchase
& Sale Agreement
, ,
day followmg the day such notice is mailed m accordance wrth tlus paragraph
18. ENTIRE AGREEMENT. This agreement, mcludmg all mcorporated exhibits,
constitutes the full understanding between seller and buyer There have been no verbal or other
agreements that modify this agreement
19. BINDING EFFECT AND SURVIVAL. This Agreement shall be bmdmg upon
parties hereto and their respective heirs, successors and assigns, and the terms, conditions and
prov�sions of this Agreement shall survive the closmg of this transaction
20. 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
21. EXPIRATION OF OFFER. Buyer shall have only until5 00 p m on
, to accept the purchase and sale agreement as written, by
delivenng a signed copy thereof to the Seller or the Seller's agent If Buyer does not so deliver a
signed copy witlun said penod, this agreement shall lapse and ali nght of the parties hereunder
shall terminate
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
set forth below
SELLER:
THE CITY OF BREMERTON
�
By
Patty Le , M yor
Dated 7 � Z-� " � �
BUYER:
BREMERTON CINEMA, LLC
,.
� �!� ./�'i �
.
,, -
�..,_ ._ ,��
I�. -� ,
By _
Its
Dated
P \Crv�I�FILES\Park Avenue Plaza\REPSA-BremertonCmema doc
G�
Bremerton Cinema Purchase
& Sale Agreement
EXHIBIT A.1
AIR SPACE LEGAL DESCRIPTION FOR THEATRE PAD AT ELEVATION 31' 9"
A porhon of Block 14 and the east half of the vacated porhon of Park Avenue (formerly Dock Street) of
the Plat of the Town of Bremerton, as recorded m Volume 2, of plats Page 030, records of Kitsap County,
Waslungton, srtuate in Government Lot 3, Sechon 13, Sect�on 24, Township 24 North, Range 1 East,
Willamette Mendian, Kitsap County, Washmgton more particularly descnbed as follows,
Begmnmg at monument m case at the mtersechon of Park Avenue and Burwell Street, thence
N1°37'00"E 280 11 feet to an existYng monument m case at the intersection of Park Avenue and 4�'
Street, thence along the centerlme of said 4`" Street, S88°24'41"E 122 11 feet, thence leavmg said
centerlme, S1°40'09"W 30 9 feet to the outside edge of an existing concrete wall and the True Point of
Begimm�g, thence leavmg said outside edge, S1°35'04"W 25 38 feet, thence S88°24'S6"E 8 46 feet,
thence S1°35'04"W 7 04 feet, thence S88°24'S6"E 9 29 feet thence S1°35'04"W 0 83 feet, thence
N88°24'S6"W 0 42 feet, thence S1°35'04"W 79 25 feet to a pomt being 3 5 north of the south lme of the
vacated alley m said Block 14, thence parallel with said south lme S88°24'S6"E 99 84 feet to it's
mtersechon with the theoretical gnd line K 8 as shown on the contract plan set for City of Bremerton Park
Avenue Plaza dated August 16, 2010, thence along said gnd lme S1°35'04"W 60 33 feet to a pomt on
said gnd line "WB", thence contmumg along said grid lme S1°35'04"W 13 13 feet, thence leavmg said
gnd lme N88°24'S6"W 60 5 feet, thence S1°35'04"W 9 17 feet, thence N88°24'S6"W 37 42 feet, thence
S1°35'04"W 14 17 feet, thence N88°24'S6"W 21 08 feet, thence S1°35'04"W 3 0 feet, thence
N88°24'S6"W 48 76 feet, thence N1°35'04"E 13 79 feet, thence N43°24'S6"W 3 88 feet, thence
N88°24'S6"W 29 8 feet, thence N1°35'04"E 48 67 feet, thence S88°24'S6"E 2 5 feet, thence
N1°35'04"E 9 0 feet, also bemg a point "WE", thence N88°24'S6"W 19 17 feet to a point bemg 1 0 west
of theoretical gnd lme A as shown on said contract plan set, thence parallel to said gnd lme, Nl °35'04"E
90 58 feet, thence S88°24'S6"E 15 25 feet, thence N1°35'04"E 47 82 feet, thence S88°24'S6"E 84 55
feet-to the True Point of Begmmng
Together v�nth a six wide easement for buildmg foohngs to be constructed on the property pro�echng
down from the theatre pad elevation of 31'9" to 2 feet below fimsh grade of the srte, the centerlme of
which is descnbed as follows Begimm�g at the above descnbed pomt "WB", also bemg the True Pomt of
Begmning, thence S1°35'04"W 13 13 feet, thence leavmg said gnd lme N88°24'S6"W 60 5 feet, thence
S1 9 17 feet, thence N88°24'S6"W 37 42 feet, thence S1°35'04"W 14 17 feet, thence
N88 21 08 feet, thence S1°35'04"W 3 0 feet, thence N88°24'S6"W 48 76 feet, thence
N1°35'04"E 13 79 feet, thence N43°24'S6"W 3 88 feet, thence N88°24'S6"W 29 8 feet, thence
N1°35'04"E 48 67 feet, thence S88°24'S6"E 2 5 feet, thence N1°35'04"E 9 0 feet, also bemg a pomt
"WE" and also bemg the terminus of this descnption
Consistmg of +/- 29,093 sq ft
AIR RIGHTS LEGAL FOR ELEVATION 31'9" - Page 1 of 1
EXHIBIT A.2
GENERAL UTILITY EASEMENT
A general uhlity easement to extend down 1'-9" feet from elevation 31'9" mto the P-2 parlang level
constructed over a portion of Block 14 and the east half of the vacated porhon of Park Avenue (formerly
Dock Street) of the Plat of the Town of Bremerton, as recorded m Volume 2, of plats Page 030, records of
Krtsap County, Waslungton, situate m Government Lot 3, Section 13, Sechon 24, Township 24 North,
Range 1 East, Willamette Mendian, Kitsap County, Waslungton more panc�ularly descnbed as follows,
Begmmng at monument m case at the intersechon of Park Avenue and Burwell Street, thence
N1°37'00"E 280 11 feet to an existuig monument m case at the mtersection of Park Avenue and 4`
Street, thence along the centerlme of said 4�' Street, S88°24'41"E 121 11 feet, thence leaving said
centerline, S 1°40'09" W 30 9 feet to the outside edge of an existmg concrete wall, thence leavmg said
outside edge S1°35'04"W 25 38 feet to the True Point of Begmmng thence S88°24'S6"E 8 46 feet,
thence S1°35'04"W 7 04 feet, thence S88°24'S6"E 9 29 feet,-thence S1°35'04"W 0 83 feet, thence
N88°24'S6"W 4 42 feet, thence S1°35'04"W 79 25 feet to a pomt bemg 3 5 north of the south line of the
vacated alley m said Block 14, thence parallel with said south lme N88°24'S6"W 12 feet, thence
Nl°35'04"E 20 feet, thence N88°24'S6"W 32 feet, thence N1°35'04"E 10 feet, thence N88°24'S6"W
18 feet, thence N1°35'04"E 50 98 feet, thence N83°45'23"E 45 09 feet more or less to the True Pomt of
Begmmng
GENERAL UTILITY EASEMENT - Page 1 of 1
EXHIBIT A.3
AIR SPACE LEGAL DESCRIPTION FOR THEATRE PAD AT ELEVATION 23' 10"
A portion of Block 14 and the east half of the vacated portion of Park Avenue (formerly Dock Street) of
the Plat of the Town of Bremerton, as recorded m Volume 2, of plats Page 030, records of Kitsap County,
Wastungton, situate in Government Lot 3, Sechon 13, Sechon 24, Township 24 North, Range 1 East,
Willamette Mendian, Krtsap County, Washmgton more particularly descnbed as follows,
Begmmng at monument m case at the mtersection of Park Avenue and Burwell Street, thence
N1°37'00"E 280 11 feet to an existYng monument m case at the mtersection of Park Avenue and 4�'
Street, thence along the centerlme of said 4�' Street, S88°24'41"E 121 98 feet,
thence leaving said centerlme, S 1°40'09"W 30 9 feet to the outside edge of an exist�ng concrete wall and
the True Pomt ofBegmmng, thence along said outside edge, N88°19'S1"W 84 39 feet, thence
S 1°52'20"W 3 06 feet to an exishng extenor concrete wall corner, thence leavmg said outside edge,
S1°31'20"W 8 64 feet, thence N43°27'20"W 8 08 feet, thence on an arc, the radius of wluch bears
N20°58'S5"E 7 50 feet, a distance of 33 90 feet through an angle of 258°58' and returmng to said outside
edge, thence S88°19'S1"E 29 64 feet, thence leavmg said outside edge, N46°40'09"E 15 74 feet, thence
S88°19'S1" E 2 83 feet, thence S43°19'S1"E 15 74 feet, thence N46°40'09"E 9 19 feet, thence
S88°19'S1"E 18 97, thence S43°19'S1"E 9 19 feet to said outside edge, thence N88°19'S1"W 6 50 feet to
the True Point of Begmmng
Consisting of 496 square feet
Tlus descnpnon to also mclude for buildmg footings for the above descnbed area
AIR SPACE FOR THEATER 23 86' - Page 1 of 1
�__ _ .� ________ __ _____ � '`� '`� ; ..%�
4TH STREET
x� .
�
_____ - _ � - ___�_--=-; �
�
, ';
�
3
,,.,, , __
... , r �',._
;�� '
, Le3�a
� �-----
\
ib
�
m
0
42
I N
O1
�
f
;
� i ��i
W
Z
>
Q
�
�
Ii
` I
i �
�� I0
� �
I
I
,
i9 17 �
0
� 2 50 °1
� (
E �
€ �I
�i
I
� �
�--- �� 3742
32 50
� �' J�� ..�
F �
& `' � � �� �
^�`____._. O �.L,++'v�"��� .sra�n+%��x
'tl;,,-t � 48 66 _ __er : ...a ° "
� ' ' ' ' ' _� _ ._.. "� :+ �°'f'.� = '
,.T?� oa�X-°`ass.xea
�' _..,..+�.�_r.�-.��rmrrs �
BU6ZWELL STRE
t _ - --- -
�
BREMERTON CINEMA PLAN ���
� NTS
/� _
/
� �
�__� _ T��_�
�� j .\ af F k / �.
� 4
. �
��� '
�rc
FirstAmerican 7'itle Insurance Company
Natronal Commercial Services
818 Stewart Street, Suite 800 • Seattle, WA 98101
Seller's Estimated Settlement Statement
Property: A�r R�ghts, ptn of Block 14, Bremerton, WA
�de No: NCS-468879-WA 1
Officer: Laura Lau/II
New Loaa No:
Est�mated Settlement Date:
Disbursement Date:
P�nt natp�
Buyer: Bremerton Cmema, LLC
Address: 2303 West Commodore Way, Sutie 205, Seattle, WA 98199
Seller: C�ty of Bremerton
Address: 810 Th�rd Ave, Su�te 220, Seattle, WA 98104
09/08/2011
09/08/201 l, 9 22 AM
Cha e Descri tion Seller Cha e Seller Credit
Cons�derat�on:
Total Cons�derat�on 500,000 00
Ad ustments•
M�sc Credit to C�t of Bremerton 45,000 00
Title/Escrow Cha es to:
Closmg-Escrow Fee to P�rst Amencan TUIe [nsurance Company Nat�onal Commercial Serv►ces $750 00 821 25
Sales Tax $71 25
Policy-Standazd ALTA 2006 Owner's to First Amencan Title Insurance Company Nat�onal Commercial 1,631 55
S ervices $1,4 0 0 Sales Tax $1 55
REEF Fee to Kitsa Coun Treasurer 10 00
Cash (X To) ( From) Seller 542,537 20
Totals 545,000 00 545,000 00
Notice - This Estimated Settlement Statement is sub�ect to changes, corrections or additions
at the time of final computation of Escrow Settlement Statement
SELLER(S) �
City of Bremerton, a Washington municipal
corporation ,
� �
By Patty , ayor
i
i
Page 1 of i
AFfER RECORDING MAIL T0:
Bremerton Cinema, LLC
2303 West Commodore Way, Sutle 205
Seattle, WA 98199
F.A.T.0 .
1.� "u�
Filed for Record at Requesi af sAaceaern-e m+� ecwve,s '
First American Title Insurance Company Nat�onal Commerc�al
Services
STATUT4RY WARRANTY D
F�le No• NCS-468879-WAi (II) �� e. ember 08, 2011
THE GRANTOR(S) City of Bremerton, a Washi on munici a corporation far and in
considerat�on of Ten Dollars and other Good an Euable C n Ideratian, in hand pald,
conveys, and warrants to Bremerton Cinema, LLC, a s mited liability company,
the following described real estate, situated i the County o' , State of Washington
LEGAL DESCRIPTION: Real property �n the Co f Kitsap, State of Washmgton, descnbed as
foltows: �—.
SEE ATTACHED EXHIBIT'A' FOR LEG D �
HERETO BY THIS REFERENC� (
�
� n
Abbreviated
KITSAP COUNTY
2011 E
Tota{ $10 00
FERST AMERICAN TITLE INS
Desd Rec Fee $ 66 00
09/08/2011 03 22 PM
i iiii►iiiiilli iii i�ii Ill�i �iiill ili!'Ilii �ilri iilii �i�iiiiiii iiiii
WHICH IS MADE A PART
_ots 1-15, 47-50, Blk 14, Bremerton, Vol 2-30
09/0812011
J � �
In3dal
Assessor' I Na�s}: PTN OF 37180140010047, 37180140050003,
371801 0 70001 180140090009,3718014010000fi & 37180140140002
S ct o. Th�s conveyance is sub�ect to covenants, condit�ons, restr�ctions and easements, �f
��� affecb le, which may appear in the public record, Encluding those shown on any recorded
survey.
Page 1 of 2
LP810-05
APN
201109080147 09/08/2011 03 22 06 PM Page 2 of 5
Statutory Warranty Deed Flle No NC5-468879-WAi (II)
- continued
C�ty of Bremerton, a Washmgton murnc�pal
corporation
By� Patty e , Mayor
STATE OF Washington )
)-ss
COUNTY OF Kitsap )
���
� ���,v
\ `�
I certify that I know or have satisfactory evidence h t Patty Le t, is/�are the person(s) who
appeared before me, and said person(s) acknowledge t at-�e/she/ signed this mstrument, on
oath stated that we/she/t� is/�e-authonzed to exec e e instr t and acknowledged it as
the Mayor of City of Bremerton, a Washington mu i r oration to be the free and
voluntary act of such party(les) for the uses � purposes men ed m�s instrument
Dated: � -� -- l t
t.�/�
and for the p State of Washington
>�(�°!N� ° U''•t - z5v� � �J�f �
expires: �_ `�
:Z
LPB 10-OS
201109080147 09/08/2011 03 22 06 PM Page 3 of 5
EXHiBIT `A'
Legal Description
PARCEL A
AIR SPACE LEGAL DESCRIPTiON FOR THEATRE PAD AT ELEVATION 31
A portion of Block 14 and the east half of the vacated port�on of Park Av form �
Dock Street) of the PIat of the Town of Bremerton, as recorded in Vol , ats
Page 030, records of Kitsap County, Washington, situate m Gove t ot 3, e tion
13, Section 24, Township 24 North, Range 1 East, W�llamette Merid�an, a unty,
Washington more particulariy described as follows, ��
��
Beg�nn�ng at monument in case at the intersection of P Ave and B ell S�
thence N1 280 11 feet to an existing mon ' case t ersection of
Park Avenue and 4th Street, thence along the cent r ine of said treet, S88°24'41"E
122 11 feet, thence leav�ng sa�d centerl�ne, SI°40 0"W 30 9 fe t o the outs�de edge of
an existing concrete wall and the True Point of Be t ing, then e eavtng sa�d outside
edge, S 1°35'04"W 25 38 feet, thence S88°24'S6"E 4 , nce S1 °35'04"W 7 04
feet, thence S88°24'S6"E 9 29 feet, ther� Sl°35'04" feet, thence N88°24'S6"W
0 42 feet, thence S 1°35'04"W 79 25 feet�Ca a oint be�ng 3 5 narth of the south llne of the
vacated alley in sa�d Block 14, thence paralle �vr��i sa�d south line S88°24'�6"E 99 84
feet to it's intersection w�th the theoret a d li 8 as stzown on the contract plan set
for C�ty of Bremerton Park Avenue P a ug st 16, 2010, thence along sa�d grid
line S 1°35'04"W 60 33 feet � poin n d r �ne "WB", thence continuing along
said grid line S1°35'04"W 13 3 t, th n e ing sa�d grid line N88°24'S6"W 60 5
feet, thence S 1°35'04"W 9 17 feet, h c °24'S6"W 37.42 feet, thence S 1°35'04"W
14 17 feet, thence N88°24' " 1 e, thence S1°35'04"W 3 0 feet, thence
N88°24'S6"W 48 7 feet, nce NI ' 4"E 13 79 feet, thence N43°24'S6"W 3 88 feet,
thence N88°24'S �2 8 e then e N1°35'04"E 48 67 feet, thence S88°24'S6"E 2 S
feet, thence N 1° 0' 0 t a be�ng a point "WE", thence N88°24'S6"W i 9 17
feet to a poi e 0 t theoretical �rid l�ne A as shown on said contract plan set,
thence paial e t d lin 1°35'04"E 90 58 feet, thence S88°24'S6"E 15 25 feet,
thence N1 ' 4� 47 et, thence S88°24'S6"E 84 42 feet to the True Po�nt of
Beginning �
Tog
pro�
ethe ►th a x wl� easement fo� building footings to be constructed on the property
ecti down f o the theatre pad elevation of 31'9" to 2 feet below fimsh grade of
•, t � e of which is described as foilows Beginning at the above described
" ", o being the True Point of Beginning, thence S l°35'04"W 13 13 feet,
�ce le i sa�d gr�d line N88°24'S6"W 60 5 feet, thence S 1°35'04"W 9 17 feet,
� e N88 24'S6"W 37 42 feet, theilce S1°35'04"W 14 17 t'eet, thence N88°24'S6"W
t, thence S1°35'04"W 3 0 feet, thence N88°24'S6"W 48 76 feet, thence
35' 4"E 13 79 feet, thence N43°24'S6"W 3 88 feet, thence N88°24'S6"W 29 8 feet,
201109080147 09/08/2011 03 22 06 PM Page 4 of 5
thence Nt°35'04"E 48 67 feet, thence S88°24'S6"E 2 5 feet, thence N1°35'04"E 9 0 feet,
also betng a point "WE" and aIso bemg the terminus of this description
PARCEL B
A general utility easement to extend down 1'-9" feet from elevation 31'9" into the�`
park�ng level constructed over a portion of Block 14 and the east half of the vacated\
portion of Park Avenue (formerly Dock Street) of the Plat of the Town of B��erto�
recorded in Volume 2, of plats Page 030, records of Kitsap County, Was , si�i
in Government Lot 3, Section 13, Section 2�1, Township 24 North, Ran t,
Willamette Meridian, Kitsap County, Wasl3ington more particularly e tbed as f ll
Begmning at monument �n case at the �ntersection of Park Av e and u we �et,
thence N1°37'00"E 280.11 feet to an existing monume n ca e t the � section of
Park Avenue and 4th Street, thence along the cente�sa�d e, S88
121 11 feet, thence leaving said centerline, S 1°4 " W 30 9 t to t e outstde edge of
an exist�ng concrete wall, thence leaving said out � e edge SI°3 ' 4"W 25 38 feet to the
True Point of Beginning thence S88°24'S6"E 8 4 t; thence °35'04"W 7 04 feet,
thence S88°24'S6"E 9 29 feet, thence Sl°35'04"W , nceN88°24'S6"W 0 42
feet, thence Sl°35'04"W 79 25 feet to a int being 3 5 n of the south line of the
vacated alley in sa�d Block I4, thence pa I with said south i�ne N88°24'S6"W 12 feet,
thence Nl°35'04"E 20 feet, thence N88°24' " 32 feet, thence N1°35'04"E 10 feet,
thence N88°24'56"W l8 feet, thence ' 4' feet, thence N83°45'23"E 46 feet
more or less to the True Point of Beg ��n
�
PARCEL C �''
AIR SPACE LEGAL DES IO THEATRE PAD AT ELEVATION 23' 10"
�� �
�
A portion of Bl c 14
Dock Street) c�f e �
Page 030, r�c�rd �
13, Sect�on �� 'wn.
Wash�ngton i�r1�,���
� asr�i f of the vacated portion of Park Avenue (formerly
'>�� Town of Bremerton, as recorded in Volume 2, of plats
y ty, Washington, situate �n Government Lot 3, Section
North, Range 1 East, Willamette Meridian, K�tsap County,
✓ described as follows,
Beginn► at m u en�`in case at the rntersection of Park Avenue and Burwell Street, _
thence 1°37'00" SO 11 feet to an existing monument in case at the intersection of
Par ve u 4 Street, thence along the centerltne of said 4th Street, S88°24'41"E
1 t,
nce le i said centerline, S1°40'09"W 30 9 feet to the outside edge of an ex�sting
n ete wa and the True Point of Beg�mm�g, thence along said outsrde edge,
8° ' 1"W 84 39 feet, thence S 1°52'20"W 3 Ob feet to an existing exterior concrete
\w l co er, thence leaving said outside edge, S 1°31'20"W 8 64 feet, thence
I�,4 °27'20"W 8 08 feet; thence on an arc, the radius of which bears N20°58'S5"E 7 50
201109080147 09/08/2011 03 22 06 PM Page 5 of 5
feet, a distance of 33 90 feet through an angle of 258°58' and returmng to said outside
edge, thence S88°19'S1"E 29 64 feet, thence leaving said outstde edge, N46°4Q'09"E
15 74 feet, thence S88°19'S1" E 2 83 feet, thence S43°19'S1"E 15 74 feet, thence
N46°40'09"E 9 19 feet, thence S88° 19' S t"E 18 97, thence S43 ° I 9' S1 "E 9 19 feet to said
outside edge, thence N88°19'Sl"W 6 50 feet to the True Po►nt of Beginning �
This descr�pt�on to also include foi build�ng foot�ngs for the above descnbed rea
S�tuate �n the City of Bremerton, County of Kitsap, State of Washington