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Home My WebLink About5512Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: 5512 FAMILY TREE INVESTMENT, LLC Purchase & Sale Agreement - 646 Washington Ave Public Works GS55-05A-06 Rev. 1 Capital Assets (Real Property) 5/20/2015 6/15/2015 2016 Comments : C�� .�- �"��a AGENDA BILL CITY OF BREMERTON CITY COUNCIL ,� SUBJECT: Property Purchase at 646 Study Session Date: 5/13/15 Washington Avenue COUNCIL MEETING Date: 5/20/15 Department: PW&U Presenter: Chal Martin Phone: (360) 473-5758 SUMMARY: In conjunction with the Washington Avenue Community Boulevard reconstruction project, the City has an opportunity, through its Sewer utiliry, to purchase and demolish the beach house at 646 Washington Avenue. This action will be credited as environmental mitigatian for future projects involving beach main abandonment. This purchase will enable the beach in this location to be partially restored by removing the over-water beach house and pilings. ATTACHMENTS: 1) Real Estate Purchase and Sale Agreement 2) Exhibit A 3) Exhibit B 4) Exhibit C FISCAL IMPACTS (Include Budgeted Amount): The purchase price is $132,000, plus escrow and closing costs as indicated in the agreement. The purchase price is supported by a City-initiated appraisal. Funds to cover this expense are included in the 2015 Washington Avenue Connector budget. STUDY SESSION AGENDA: ❑ No Presentation � Full Presentation STUDY SESSION ACTBON: � Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to purchase the property at 646 Washington Avenue, and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: � Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Fortn Updated 01107115 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 Washington municipal corporation ("Buyer"), and FAMILY TREE INVESTMENT, LLC, a Washington L�mited Liability Corporation ("Seller"), 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 pursuant to a boundary line adjustment, is commonly known to be located at 646 Washington Avenue, Bremerton, Washington (the "Property"), and which Property is legally described in the Declaration of Boundary Line Ad�ustment set forth in Exhibit A, attached hereto and incorporated herem by this reference. A map �ndicating the location of the Property is also attached as Exhibit B, incorporated herein by this reference Buyer acknowledges that the primary purpose of this purchase is to demolish the existing structures for envirorvnental restoration Following closing of this sale, it is the Buyer's intent to demolish and remove the waterfront cab�n and contents; demolish and remove the adjacent boat shed and contents, properly remove or abandon utility connections and service lines to the property; and remove pilings and ancillary beach structures in accordance with permit requirements. Some or all of the foundation and retaining wall structures may remain. Demolition work will be subject to a City permit, and all demolition work will comply with environmental regulations. Failure to complete any or all of these �ntended items noted above shall not invalidate this agreement or const�tute non-compliance with its terms and conditions. 2. EARNEST MONEY. Received from Buyer, FIVE THOUSAND AND NO/100 DOLLARS ($5,000.00) as earnest money and part payment on the purchase price for the Property. 3. PLIRCI3ASE PI2ICE. The total purchase price for the Property is ONE �ILiNDRED THIRTY-TWO THOUSAND AND NO/100 DOLLARS ($132,OS10), including earnest money, payable on closing 4. CONTINGENCIES. This agreement is contingent upon� (a) Acceptance of its terms by the Bremerton C�ty Counc�l. (b) Buyers review and approval of the title report on the property prior to Closing (c) Buyer's review and approval of Seller's information contained in the Real Property Transfer Disclosure Statement as set forth in Exhibit C, attached hereto and �ncorporated herein by this reference. (d) A Feasibility Study as follows: (1) Buyer shall have the opportunity to conduct a feasibility study to determine if, in Buyer's sole and absolute d�scretion, the Property is feasible for investment and/or development by Buyer. 646 Wnsl:ington Avenue (2) Buyer's feasibility study may include (but is not limited to) a Phase I and/or Phase II environmental assessment, utilities availability and capacity, access availability, zoning, preliminary architectural and engineering studies, marketing feasib�l�ry. (3) A Phase I environmental assessment generally will consist of a review of title of ownership and land use, review of geologic and hydrolog�c maps of the area, review of federal and state databases for known hazardous water generators or contaminated sites and a site v�sit. If the Phase I review reveals the potential of a contaminated site, a Phase II environmental assessment may be conducted which generally will consist of on-site sampling, including the digging or boring of test holes for soil samples Bv executing this agreement, Seller hef•eby author•i::es Buver a rrght of ent�y ori to the propertv for the pu�pose of conducting this feas�biliry study incltiding a Phase I. and if necessary, a Phase II errvironmental assessment. Seller• ivil! be notified if a Phase II em�ironmen�nl assessment is to be conducted. (4) Buyer agrees to conduct its feasibility study at its sole cost and expense; and if Buyer does not remove the feasibility contingency on or before the expiration of the feasibility period, then Buyer also agrees, if requested by Seller, to deliver to Seller copies of all information and documentation obtained by Buyer in connection with its feasibility study. (5) For any on-site activity performed by Buyer during the feasibility study, Buyer agrees to return the Property to �ts original state (i e., fill all boring holes, etc.). (e) Seller's lcnder approvmg of the sale and a partial decd release, and a loan mod�fication with a pay-down of the loan not to exceed 80% of the sale price. (� Buyer granting Seller an easement at closing for vehicle turn-around on Buyer's property 15' wide (running east to west) x 20' long (running north to south) from the north end of the Seller's parking area. "1'he casement shall contain language that it may be used solely for vehicle turn-around and no other purpose. The easement shall also contain language that �t shall �mmediately terminate upon the demolition and removal of the ex�sting building at 646 Washington Ave. (g) After closing of the sale and prior to July 31, 2016, buyer removing the tree(s) that �s on Buyer's property (�ust north of Seller's 6-plex) that overhangs the Sellers building, and the brown small dead tree just north of the Seller's top landing. This contingency shall survive closing. (h) After closing of the sale, Buyer will remove the existing stairway beginning at the downhill exit of the lower landing located on Seller's retained property and ending on Buyer's purchased property herein The Seller will close off the lower landing at the demolition point and make the lower landing safe. This contingency shall surv�ve closing. 2 646 Wasl�ington Avenue With the exception of Sections 4(g) and 4(h) above, should any of these contingencies not be met by Closing, then this Agreement shall terminate and neither Buyer nor Seller shall have any further r►ghts, duties or obl�gations hereunder, except that the Earnest Money held in escrow shall be immediately returned to Buyer. 5. CONVEYANCE AND CONDITION OF TITL�. The title to the real 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 described in Paragraph 6 below 6. 1'ITLE INSURANCE. At Closing, Seller shall cause Land Title Company, whose address and telephone number is 9657 Levin 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 total purchase price of the Property. The cost of this policy shall be paid be shared equally between Buyer and Seller at Closing. 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 restrict�ons consistent with current zon�ng, 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. 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. 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. Buyer shall reimburse Seller $30 per day for each day closing is delayed beyond June 1 �, if delay is caused by Buyer. 8. CLOSING OF THE SALE. 6�i1/a 1he understaf7ding that ttme is of the essence for• this agreernent, this sale shall be closed by June 15, 2015 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 Land Title Company, all instruments and mon�es 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. 9. CASUALTY LOSS. If prior to closing, improvements on said prem�ses shall be destroyed or mater�ally damaged by fire or other casualty, this agreement, at opt�on of the Buyer, shall become null and void. 10. POSSESSiON. Buyer shall be entitled to possess�on on closing. 11. SELLER'S REPRESENTATIONS. Seller represents that: (a) Seller will maintain the Property in present or better condition until time of agreed possession, (b) Seller has no knowledge or not�ce from any governmental agency of any violation of laws relating to the subject Property except: None (c) The Property is not encumbered by any leases. 646 Wnsltington Avenue 12. SELLER'S ENVIRONMENTAL REPRESENTATIONS. Seller represents that to the best of his/her knowledge that he/she is not aware of existence of or has caused or allowed to be caused, any environment condition (including, without limitat�on, a spill, discharge or contamination) that existed as of and/or pnor to the clos�ng date or any act of omission occurring prior to the clos�ng date, the result of wh�ch may require remedial action pursuant to any federal, state or local law or may be the basis for the assertion of any third party claims, including claims of governmental entities except: None This provision shall survive the closing and be in addition to Seller's obligation for breach of a representation or warranty as may be set forth herein. 13. SELLER'S iNDEMNITIES: Seller agrees to indemnify and hold harmless the Buyer, against and in respect of, any and all damages, claims, losses, liabilities, judgments, demands, fees, obligations, assessments, and expenses and costs, includ�ng, without limitation, reasonable legal, accounting, consulting, engineering and other expenses which may be imposed upon or incurred by Buyer, or asserted against Buyer, by any other party or parties (including, without lim�tation, a governmental ent�ty), arising out of or in connection with any environmental condition existing as of and/or prior to the closing date, including the exposure of any person to any such environmental condition, regardless of whether such env�ronmental condition or exposure resulted from activities of Seller or Seller's predecessors in interest. Additionally, Seller shall indemnify Buyer against all liabilit�es and claims relating to the use of the turn-around easement granted by Buyer to Seller as identified in Section 4(� above. Seller is not liable for any of Buyers actions referenced in Section 1 above. This indemnity shall survive the closing and be in addition to Seller's obligation for breach of a representation or warranty as may be set forth herein. 14. DEFAULT AND ATTORNEY'S FEES. (a) Buyer's Default. If Buycr defaults hereundcr, Seller's sole remedy shall be limited to damages against Buyer in the liquidated amount of the 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 fa�r estimate of actual damages (b) Seller's Default. If Scller 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 of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees 15. NOTICE TO SELLER. 'l'h�s form contains provisions for an agrcement for the purchase and sale of real estate. Buyer makes no warranry or representation of any kind that th�s 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, Seller acknowledges that Seller has or has had the opportunity to consult with an attorney regard�ng Sellers rights and obligations in this agreement. 16. BROKERS FEES/COMMISSIONS. Seller agrees to indemnify, defend and hold harmless Buyer with respect to any claim by any person or entity claiming through Seller to be entitled to a commission with respect to the transaction contemplated by this agreement 4 646 Wnshington Avenue 17. NON-MERGER. The tet�ns, 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. NOTIC�S. All notices requued or pel�rnitted to be given hereunder shal( be in wreiting and shall be se�tt U.S, cei�tified mail, return receipt requested, or by facsimile transmission addressed as set foi�th belo�v; � (a) All notices to be given to Buyer shall be addressed as follows: M1yor City of Bremerton 345 6th Street, Suite 600 Bremcrton, Washington 98337-1873 {b) AlI notices to be given to Seller shall be addressed as follotivs: �,�� 7-0e�, �;1�/ Tree Investme�t ts, LLC 1 �i 50 5 �{ � �w �t�1. Z.-� ,�11L.rad� Wa�r �r;(�67 Eithec pat�ty hereto may, by written notice to the other, design�te such other address for the giving of notices as being necessaiy. 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 day following the day such notice is mailcd in accordance with this paragraph. 19. ENTIRE AGR�EM�NT. This agreement, including all inco�porated exhibits, ;. constitutes the full understanding between seller and buyer. There have been no verbal or other agreements that modify this agreement, 20. I3INDING EFFECT AND SURVIVAL. This Agreement shall be binding upon parties hereto and their respective heirs, successors and assigns; and the teims, conditions and provisions of this Agreement shall suivive 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 belo�v. 22. EYPIRATION OF OFF�R. Seller shall have only until 5:00 p.m, on 2015, ta accept the purchase and sale agreement as written, by delivering a signed copy thereof to the Buyer or tlie Buyer's age�it. If Seller does not so deliver a signed copy within said period, this agreement shall lapse and all right of the parties hereunder shall terminate. N WITNESS WHEREOF, the parties hereto have executed this Agreement on the date 64h {3'ns/ri�tgtort Ave�trre set forth below. BUY�R: THE CITY OF BREMERTON By: Patty Lent, Mayor Dated: SELLER: TREE INVESTMENTS, LLC .�— By: Its: - ri� �d�,� Dated; . By: Its: Dated: - - . _... APPROVED AS TO FORM: By: Roger A. Lubovich, City Attorney R:1Legn1\LegallFileslCuaent Activc Files16d61Vosiiington Avcm�elREPSA - 64G 1Vasiiington Ave - 5-1-15 Highlightcd.doc �� 64b lVasliingfott Ave�tue set forth below. BIJYER: THE CITY OF BREMERTON By: � Patty Len a�o � Dated: 0 SELLER: TREE INVESTMENTS, LLC By._ Its� Dated. By�_ Its: Dated � APPROVED AS TO FORM: By. Rog A. Lubovich, City Atto R\Legal\Legal\F�les\Currcnt Active F�les\646 Washington Avenue\REPSA - 646 Washmgton Ave - i-1-15 H�ghl�ghted doc 6 646 W�rsl:ington Avenue �.x k� � �'� a Return Address: Parametrix 4660 Kitsap Wav. Suite A Bremerton, Washinaton 98312 DECLARATION OF BOUNDARY LINE ADJUSTMENT This form allows for the adjustment of boundary lines within the City of Brernerton. This adjustment will not create any additional lot, tract, parcel or site, nor create any lot, tract, parcel or site which contains insufficient area and dimension to meet the minimum requirements for the zones width, depth and area as prescribed the Gty of Bremerton Ordinance 5034 NOTE: This.boundary Ilne adjustenent does NOT convey owner�lp. • A survey of the property is recommended since it provides an accurate"description of the property and precisely locates the property boundarles. • It is recommended that legal descriptions be prepared by a professionai land surveyor • Please see attached exhibit of the cunent and proposed lot configuration. � • Per RCW 84.56.340, all current year and delinquent taxes much be paid in full on,all parcels. If this proper4y is withtn a Short Subdtvision, yau will need to ftle a Short Subdlvision Amendment to the effected lats of the original Short Subdivision Assessor's Tax Account No(s): 3713-002-003-0005 & 3713-002-002-0006 Location: Section 13, Township 24N, Range lE Quarter: NE Quarter: SW � Zoning: Multi-Family Residentiat Min. Lot Area required per zoning: 3,000 sq. ft. ' Applicant: City of Bremerton Applicant Mailing Address: 100 Oyster Bay Ave. N., Bremerton, WA 98312 Applicant's Phone No. 360-473-5290 Owner(s) of Record: City of Bremerton (3713-002-003-0005), Family Tree Investments, LLC (3713-002-002-0006) . Declarant(s) / Owners of Original Parcel(s): Name Mailing Address City/State/Zip City of Bremerton 100 Oyster Bay Ave. N. 8remerton, WA 98312 Family Tree Investments LLC 14505 43� Ave. W. Lynnwood, WA 98087 IN WITNE55 WHEREOF, the parties hereto have executed this instrument as of . 2015 STATE OF WASHINGTON COUNTY OF KITSAP ) DECLARANTS On this day of , 2015, before me personally appeared . to me known (or proved on the basis of satisfactory evidence) to be the of the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said Instrument. In witness whereof 1 have hereunto set my hand and affixed my off)cial seal the day and year first above written. Dated: Signature of Notary Public: Printed Name of Notary Public: DECLARATION OF BOUNDARY LINE ADJUSTMENT THIS DECLARATION MADE THIS day of , 2015, By: The Citv of Bremerton Declarant(s) as owners of the real property legally described herein, and by Familv Tree Investments LLC Declarant(s) as owners of the real property legally described herein, who wish to adjust the common property Iine between said parcels without creating any additional lot, tract, parcel or site. CURRENT Legal Description of Parcel(s): PARCEL A: tTax Account No. 3713-Q02-003-0005} THE NORTH HALF OF LOT 3, BLOCK 2, BENBENNICK'S SECOND ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2 OF PLATS, PAGE 79, RECORDS OF KITSAP COUNTY, WASHINGTON. PARCEL B: (Tax Acoount No. 3713-002-003-0006) LOT 2 AND THE SOUTH HALF OF LOT 3, BLOCK 2, BENBENNICK'S SECOND ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2 OF PlATS, PAGE 79, RECORDS OF KITSAP COUNTY, WASHINGTON. REVISED Legal Description of Parcel(s): RESULTANT PARCEL A: LOT 3, BLOCK 2, BENBENNICK'S SECOND ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2 OF PLATS, PAGE 79, RECORDS OF KITSAP COUNTY, WASHINGTON. RESULTAl10'T PAIECEL B: LOT 2, BLOCK 2, BENBENNICK'S SECOND ADDITtON, ACCORDING TO THE PLAT THEREUF RECORDED IN VOLUME 2 OF PLATS, PAGE 79, RECORDS OF KITSAP COUNTY, WASHINGTON. BOUNDARY LINE ADJUSTMENT � ORIGINAL PARCELS o N �, SECTION 18, TOYVNSHIP 24 N� RANGE 1 E� W.M. BOUNDARY LINE ADJUSTAAENT MAP �' ° 40 ' KITSAP COUNTY, WA /�--.. _ . ._ � ANE � E gR �DGE i I � 25' I w � Z W Q Z L� z _ Q � � �.,r.�w � 86'f � +:;��_�c��-�� Of�G�IAI. PARCa A � CITY OF BREMER'ON 3� � � 3?13-OD2-003-0005 ' ��,� � ►Q��9 CITY OF BREt�ERiON ��✓ �t � �� O F Q�� S�Y3'21'E 183't � 8 �ao�- �P�l B � s� o,�t �c L �3;13-�-�O�o , >Ak�LI T3F.� IN1FSTfAENTS, L�C 175't ' ou�te �a�o. ao+a � +e�+a�w�,evEa�� /' � � / � , �� e � �� EItWNE9tlNO. PLANNBW . EldY0t0lf1�NTAl.BqENC£8 � BOUNDARY LINE ADJUSTMENT � RESULTANT PARCELS. o N �, SECTION 13� TOWNSHIP 24 N, RANGE 1 E� W.AA. BOUNDARY LINE ADJUSTAAENT NIAP �° � � � KITSAP COUNTIf, WA � �� - - � B I I 25� W � Z W Q Z �' _ZI 2 Q ; �� 1Z'�,00' ; r �-ao?-en�-�;,o��; :'Y rF BRE�FR°Or� j M'f I�IJLT� � A '�_ r .� / � i � 37t3-002-003-000 ��`�� QP � C�rY OF BREIAERION ---�� '� - - -� ti a `►��' I�IA.TANi PARCQ B� �ORIqNAI. 11NE � 0.1411C � � � 37i3-002-002-OOC6 � (,� FAMIIY iREE INVEST�AENTS, LLC Se�?3�21'E �� o�,ewanaa aE:,eee-v.,�vr� S� e� t� ,� PLAN1�16 . ENVQlONI�NT/LL WHENN RECORDID RET'URN TO: Name PeremetrDc Addresa: 4660 Kitsap W�y. Suite A City, State, Zip Bremerton. WA 98312 QUIT CLAIM DEED TI� GRANTORS FAMILY TREE INVESTA�NTS. LLC . a Limited Liability Corporation aad in consideration of Execution of a Boundary Line Adjustment, convey and quit claim to THB CTTY OF BREMERTON . a Muaicipal Corporation, the following described real estate, situated in the County of KTTSAP . Stete of Washington, together with all after acquired title of the grantor(s) herein: � Refer to Eshibit A attached hereto and made a part hereof Assessor's Property Tax Par�el Account Number(s): 3713-002-003-0005 & 3713-002-002-Q006 Abbreviated Legal: LOT 3. BLOCK 2, BENBEWIVICK'S SECOND ADDITION STATE OF VVASFIING'PON ) 1 }� COUNTY OF � I certify tbat on the day of 2015, before me, a Notary Public in and for the State of Washington, duly oommissioned end sworn, personally appeared before me , to'me known to be the of , a_ , who executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act aad deed of said for the conveyance of real property therein mentioned and on oath states that is authorized to execute the said instrument. Dated: 2015 Notary Public in and for the State of Wasliington Residing at My appointment expires: Exhibit A THE SOUTH HALF OF LOT 3, BLOCK 2, BENBENNICK'S SECOND ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2 OF PLATS, PAGE 79, RECORDS OF KITSAP COUNTY, WASHINGTON. CX�It:1t�" � BOUNDARY LINE ADJUSTMENT � RESULTANT PARCELS, o N SECTION 13, TOWNSHIP 24 N� RANGE 1 E, W.M. BOIJNDARY LINE ADJUSTMENT MAP '� o � � KITSAP COUNTY WA � _. - I � 25' i w � a Z Q g Z �I � z Q � �I 1 � _ + , �� -. MA N � E g / r / r � S86'73'Z1'E 191' ��, -�� ;�i7�3-00?-�0'-C�UE+ � ;��;•r f,F BFEMEF�'i,r� OG 1 ° 0 9 ` �-� Q�'�1 ; g �� o .,�� tS«�� R�l1LTANi PARt�l. B �� l i -002-002-0006 FAMII Y �f?FE IhUESThdEIJTS, LLC 8B't .. . . . ..I RESULTAM PARCO. A` �� .3?1 002-063-OGO,, ' �� C1�Y QF RREMERT!dr' g '_ _ � � � �aw� ur� g y � �� 4860 KIT3AP WAY, SUITE A BREMERTON, WASFIINOTON 98312 T. 380.377.0014 F. 380.478.5981 ' a,� � � �,d � ,�,�,,.�,� ' PLAIiNDIG . ENVIRONl�EtfTAI 8C19dCE8 � ��c �,�'b� �- G Windermere REAL ESTATE �Commercial BrokersAssocia6on � 2017 ALL RIGHTS RESERVED CBA Form AD-t Agency Disclosure Rev. 1I2011 Page t of 1 AGENCY DISCLOSURE and ACKNOWLEDGEMENT OF RECEIPT OF LAW OF AGENCY PAMPHLET When a real estate broker provides real estate brokerage services, Washington law requires the broker to disclose to all parties whether the broker represents the seller (or lessor), the buyer (or lessee), both the seller/lessor and buyer/lessee, or neither. This foRn is for use only when the transaction documents do not contain an agency disclosure provision. THE UNDERSIGNED FIRM AND BROKER REPRESENTS: THE UNDERSIGNED PARTIES ACKNOWLEDGE RECEIPT OF A COPY OF THE PAMPHLET ENTITLED "THE LAW OF REAL ESTATE AGENCY" Signature Signature Signature Signature BROKER BROKER'S SIGNATURE Print/Type DATE DATE DATE DATE FIRM NAME AS LICENSED Print/Type FIRM'S ASSUMED NAME (if applicable) PrintlType Form g�ramd by: TTUe Fortns www.TruaForms.com 800-499-9612 � = �'lc �,r`��a'<<� � � e ��'�� S� �: 1'i !.. � � d .('i � � �COmmorelolflrokOr�ABSxZOf11 �Y� ALL ►UGHiB (iES�RVED CtMFormA41 Apaney Dlsclosure Rov 112411 PPpD 1011 I�GENCY DISCI.OSUR� �nd ACKPVOWL�UC�MENY OF ��CPI�'T' OF LAW �F ABENCY PAMPHLE7' When a real eslata broker prnvldes real eatele brokerage servlces, Weshlnaton law requlres the broker to disclase to all parlles whelher 1he broke� represanis Ihe sel�er (vr lessar), the buyer (or lessea), bolh tlte aell�r/leasar and buyer/lessee, or nelther. This fo�rn Is for use vnly when tha t�ansacllon documants do not contain an agency discloaure provislon, TH� UNDERSIGNEn FIRM AND BROKER REPR�SENTS: �f=GL �� 7HE UNDERSIGNED PARTIES ACKNOWLEDGE I�EC�IPT OF A Ct?PY OF' TH� PAMpHLET ENTITL�D "THE LAW OF REAL �STATEAG�NCY" �------ ��.......— ..�" �� DAT� �`�- I rI .` � Slgnature � � DA7E O� D� .�.Dl� Slgnature DATE 5ignature � DATE Signatu�e 9ROKER /�li�iE',� P� � �f�x/� / �-S�'�i�� -r- :� 5/3r31o.u� ,E--/ - Printrfype gROKER'S 51GNATURE FIRM IVAME AS LIC�NSi FIRM'S ASSUMED NAME (If appifcable) print/i'ype � /.d�'G' . Fartnpoaemmddy.TrUaForme" 1nwr.TrubPomte.00tn 800-408•9612 Fornt 22J OCopyright 2f310 Uisclosure Lead e�sed Paint & Hazards Norlhwest Mulliple Lisling Service Rev. 7/10 p�gCLOSURE OF INFORMATION ON LEAD-BASED PAIfVT A�L RIGHTS RESERV[D Page 1 oF 2 14Mn L�AD-BASED PAINT H,4ZA�2D5 Addendum fo Purchase & Sale or Lease Agreement The following is part of the Purchase and Sale Agreement dated �I�y zo, zo�s � between City ofBremerton Pomily� Tree Im�estment LLC ("BUYBf andlor ��LOSS@8�� 2 9uyerundlorlessea nuyerend/orLessee and ("Seller" and/or "Lessor") 3 S�Ilnr ancUar Lessar SeUer endlor Lessor COI1C@t'tll�g G�16 ��'nshinglon Are (resullant pnrcel D) Dremerton R'A 98737 �th8 �� Property ��. 4 Addrass City Slate 11p Purchase & Sale Agreetnent Lead Warning Statement Evory purctlaser of any interes� in resideniial real property on which a residentia! dwelling was built prior to 99781s notifled thaf such property may present exposure to tead from lead-based paint tfiat may place yotrng children at rlslc of developing lead poisoninc�. Lead poisoning in young children may produce permanent neurological damage, includrng learning disablflties, reduced InfelUgonce quotienf, behavioral problems and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any interesf in residentia! rea! property is requlred to provide the buyer with any informafion on lead-based paint hazards from risk assessments or lnspectlons In the seNer's possession and notify the buyer of any kr�own lead-based painf hazards. A rlsk assessment or inspectlon for possible lead-based paint hazards is recommencfed prior to purchase, Lease Agreement Lead Warning Statement 5 6 7 8 9 10 11 12 13 14 15 Housing 6uilt before 9978 may confain lead-based paint. Lead irom paint, painl chips, and dust ca�t pose health 16 hazards if not taken cara of properly. Lead exposure !s espeelaJly harmfi�l to young chlldren and pregnant 17 women. 8e%rQ renting pre-1878 housing, landlords musf disclose the presence of icnown lead-based paint and 98 lead-based palnt hazards in the dwe!ling. Tenanls must also receive a Federatly approved pamphlet on Iead 19 poisoning preverltion. 20 Cancellation Rights 2'i !f a residential dwelling was bullf on tha Property prlor to 9978, 8uyer may resclnd the Agreement at any !!me 22 up to 3 days affer Buyer receives this Disclosure, unless Buyer receives thls disclosure prior to entering 23 the Agreemenf. 24 NOTE: In lhe event of pre-closing possession of more than 100 days by Buyer, the lerm Buyer also means Tenant. 25 Seller'sll.essor's Dlsclosure (a) Presonce of load-based paint and/or lead-based paint hazards (check one below): ❑ Known lead-based paint and/or lead-based paint hazards are presenl in tha housing (explain�. �, SellerlLessor has no knowledge of lead-based paint and/or lead-based paint hazards In ihe housing. (b) Records and ropo�ts available to the Seller/Lessor (check one below): ❑ Seller/Lessor has provided lhe Buyerll.essee wlth all availabte records and reports pertalning to lead- based paint and/or lead-based paint hazards in ihe housing (list documents below). 26 27 28 29 30 31 32 33 34 �� SellerlLessor has no reports or records pQrtalning to lead-basod paint and/or lead-basod palnt hazards 35 !n ihe housing. 3 � 5eller has reviewed the information above and certifies, to the best of Seller's knowledge, that the statements made 37 and informat(on provided by Seller are true and accurate. 38 � � C'•� `� �r � 39 7 SellerJLessor Date Seller/Lessor Date 6 0� la __— iluyor(tessae Inlllals a!e � BuyetlLesseo Inllials Dale SeilerlLessor Inilials Dale SellerlLossor Inilials Date Fonn ?.2.1 C-�opyriflhl 7.010 Uisclosure Laad Bcised Pninl & Hazards Norfhvrest MulUple Lisling Service Rev. 7110 • DISCLOSUR� �� IIVFORMATION ON LEAn -BASED PAINT ALL RIGfITS RESERV[D Pac�e 2 0( 2 AI�p I�EAD•BASED PAIN1' HAZARDS Addendum to Purchase & Sale or Lease Agreement Catfinued Buyer`s/Lessee's Acknowledgment (c) Bt�yer/Lessee has received copies of all information listed above. {d} BuyerlLessee has received the pamphlet "Protecl Your Famlly from Lead in Your Home:' 40 41 42 (e) Buyer lias (clieck one below oniy if Purchase and Sale Agreement): 43 ❑ Waived the opporiunity to conduct a risk assessment or inspection for the presence of lead-based paint 45 and/or lead-based palnt hazards. � Accepted an opporlunity to conduct a risk assessment or inspection for the presence of tead-based �6 paint and/or lead-based palnl hazards on the following terms and conditions: 4 This Agreement is condilloned upon a risk assessment or Inspection of the Properly for the presence of 48 lead-based paint and/or lead-based paint hazards, to be performed by a risk assessor or inspectar at 49 the Buyer's expense. (�ntact lead-based paint that is in good condition is not necessarily a hazard. Soe 50 the EPA pamphlet "Protect Your Famlly From Lead in Your Home" for more information). 51 This contingency SHALL CONCLUSIVELY BE DEEM�D SATISFIED (WAIVED} unless Buyer gives 52 written notice of disapproval of the risk assessment or inspectfon to the Seller within 53 (10 days if not filled In) after receiving this Disclosure. Buyer's natice must identify the speciFle existing 54 deficiencies and correctlons needed and must include a copy of the inspection and/or risk assessmant 55 report. � The Seller may, at the Seller's option, withln days (3 days If not Fllled in) after Seller's 57 recefpt of Buyflr's disappraval notice, give wrilten notice that Seller wi�l correct the conditions identified 58 by Buyer. If 5eller agrees to correct the conditfons Identified by Buyer, then it shall be accomplished at 59 Seiler's expense prior to the closing date, and Seller shall provide Buyer with certification from a risk 60 assessor or inspector demonstrating that ihe condition(s) has been remedfed prior to the closing date. 61 in lieu of correction, the parties may agree on any other remedy for the disapproved condition(s), G2 including bui not limifed to cash payments from Selier to Buyer or adjustments in the purchase price. If 63 such an agreement on non-repalr remedies is secured in writing before ihe expiration of the lime period 64 set forth in this subpara�raph, then this contingency witl be deemed saflsfied. 65 If the Seller does not glve notice that ihe Seller will corroct the conditions identffted in Buyer's risk assessment or inspection, or if lhe parties cannot reach an agreement on alternative remedies, then Buyer may elect to give notice of terminaiion of thls Agreement within days (3 days iF not filied in) after expirailon of the time limit in the preceding subparagraph or delivery of the Seller's notfce pursuant to ihe preceding subparagraph, whichever flrst occurs. The earnest money shall then be relurned to the Buyer and ihe parties shall have no further obligaiions to each other. Buyer's failure to give a written notice of termination means that lhe Buyer will be required to purchase ihe Properly without the Seller having corrected the conditfons ideniified in Buyer's risk assessment or inspection and wlthout any alternative remedy for ihose conditlons. Buyer waives the right to receive an amended Reaf Properly Transfer Disclosure SlatemenE (NWMLS Form iVo. 17 or equivalent} pursuant to RCW 64.06 based on any condifions identified in inspection and/or risk assessment report(s). Buyor has reviewed the Information above and cerli(les, to the best of Buyer's knowledge, that the statements made by Buye� true and accur .� 06 0 /S' Buyer/Lessee D te BuyerlLessee Date Brokers' Ack wiedgment Brokers have informed the SellerlLessor of ihe Seller'slLessor's obligations under 42 U.S.C. 4852(d) and are aware of iheir responsibflity to ensure compfiance. � .�,r„-�_......_.� • �',, .� -. ..%�'�r- ,-.° ` - ., ° �,;f� .� , -� � � i /� Selling Broker Date Li tln� B�o�l ��",/ � � ,/, f�� /.� �' Dl � BuyerlLessue Initials Dat HuyeriLessee I�iiUals Dale SellerlLessor IniUals Date SelleriLessor inillafs Date 66 67 68 69 70 71 72 73 74 75 76 77 78 79 so 81 82 83 84 � .. � ::. , r � When recorded return to: The City of Bremerton Attn: Thelma Swem .... _ _..,. - ------- - - 3456th St. #600 - - --- -- --..-..__._.._____ LAND TITLE - -- - --------- - remerton, A 9 7 Deed Rec Fee. $�3 0 0 01506 150093 06/15/2p15 70.53 AM � Dolores Gilmore Kitsap Co Auditor Pa9 � of 2 , I IIIIIII IIIIII III IIII IIIIIII IIIIII II�I IIII IIIII IIIII IIIIIII III II�II IIIII IIIII IIII IIII STATUTORY WARRANTY DEED Escrow No.: E-256670CA THE GRANTOR(S) Family Tree Investments, LLC, a Washington Limited Liability Company for and in consideration of 7EN DOLLARS AND OTHER VALUABLE CONSiDERATiON in hand paid, conveys, and warrants to The City of Bremerton, a Washington Municipal Corporation the following described real estate, situated in the County of Kitsap, State of Washington: LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT'A' ON PAGE 2. Abb�@vl8t2d L2gel: (Required rf full legal not inserted above) S 1/2 Lt 3, Blk 2, Benbennick's Second Addn. V/P 2/79 Tax Parcel Number(s): 3713-002-002-0006-PORTION Dated: June 5, 2015 Family Tree Investments, LLC, a Washington � ited ' ility Compan By: Fred C. Zoesch, Member STATE nF / i ��' COUNTY OF On thia ��ay of .�'G �.e.. , 6 i� I certify t at I know or have satisfactory evidence that Fred C. Zoesch, is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the Member of Family Tree Investments, LLC, a Washington Limited Liability Company to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Given my hand d offic I seal the day and year last above written. Notary Public � nd for the State of: Residing at:�,�, My Comm. Expires: IZ a (e ��ainiuu�� .�` HIE ''�.,, ��. ..........q.� �. � �..��,�ssioN • : F�% : ; c, �A : = = (n � �• 9 f' m : = . � A _ y. ��v�'t`�� eLIC m; = ,. '�� •• eER 09,';�•� � �� • 0 � �� . ••...a••• '� ``� �''��,,�wASH,N��° LPB 10-05 KITSAP COUNTY TREASURER EXCISE 2015EX03906 Total: $2 0 611 5/2 01 5 Clerk's Initial �� . :_-,- • � ' EXHIBIT "A" THE SOUTH HALF OF LOT 3, BLOCK 2, BENBENNICK'S SECOND ADDITION, ACCORDING TO THE PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE(S) 79, RECORDS OF KITSAP COUNTY, WASHINGTON. Subject to: Easement, including its terms, covenants and provisions as disclosed by instrument; Recorded:September 29, 1948 Recording No.:476939 In Favor of:City of Bremerton For:Sewer pipes, together with rights of access for maintenance and repair Affects:Said premises f • � � Return Address: City Clerk City of Bremerton 345 6` Street, Suite 600 Bremerton, WA 98337 � ' LAND TITLE 201506150095 � Easement Rec Fee $ 76.00 � 06/15/2015 10:53 RM Page 1 of 5 , Dolores Gilmore, Kitsap Co Ruditor I III II IIIII I IIII ( I I III I III IIII I I�II IIIII I II IIIII IIII I IIII III � AUDITOR/RECORDER'S INDEXING FORM Document Title(s): 1. Access Easement Reference Number(s) of Documents assigned or released: N/A Grantor(s): �, City of Bremerton � Additional names on page of document. Grantee(s): �, Family Tree Investments, LLC � Additional names on page of document. Lega1 Description: .ptn. Lot 1, Blk 2, Benbennick's 2" Addn., Vol 2 of Plats, Pg 79, Kitsap Count, WA (abbreviatedj � Additional legal is on page 4 of document. Assessor's Property Tax Parcel/Account Number: 3713-002-00 l-0 I 06 ACCESS EASEMENT THIS INSTRUMENT made this l� day of .J �� , 2015, by and between the CITY OF BREMERTON, a Washington municipal corporation (hereinafter "Grantor") and FAMILY TREE INVESTMENTS, LLC (hereinafter "Grantee"). WHEREAS the Grantee seeks ingress and egress over, through, and across the below described real property owned by Grantor for the limited, non-exclusive purpose of providing a vehicle turn-around space for vehicles accessing, exiting or parking on Grantee's property. This turn-around space easement area shall not be used by Grantee for the parking of vehicles but only for the movement of vehicles. THEREFORE for and in consideration of mutual benefits derived and/or other valuable consideration, receipt which is hereby acknowledged, Grantor conveys to Grantee, and its successors and assigns, the right, permit, license and easement for the ACCESS EASEMENT - Page 1 of 5 `�X�ISE T� ExEM�T �� Y � ?_015 purpose of ingress and egress over, through, across and upon the following described real property parcel(s), situated in Kitsap County, Washington. SEE EXHIBITS "A" and "B" ATTACHED Grantee shall have the right, without prior institution of suit or proceeding at law, at times as may be necessary, to enter upon the above-referenced property, without incurring any legal obligation or liability; provided, however, that the private improvements existing within this easement area and the immediately adjacent incidental areas shall not be disturbed or destroyed, or in the event they are disturbed or destroyed, they will be replaced in as good a condition as they were immediately before the properties were entered upon by the Grantee. Grantor shall retain the right to use the surface of this easement, including the immediately adjacent incidental areas, so long as that use is not inconsistent with and does not interfere with the rights and uses granted to Grantee in this document. Under no circumstances shall Grantor place any cement, concrete, structure, trees, large shrubs or any other objects on the property described in this easement or the immediately adjacent incidental areas in a manner that would interfere with Grantee's use of the easement. This easement shall automatically terminate upon the demolition of the existing multi-family residential structure on Grantee's property or by July 1, 2035, whichever occurs first. GRANTOR: CITY OF BREMERTON � By: P ent, Mayor (Notnry Acknowledgment Appenrs on Ne.rt Pnge) ACCESS EASEMENT - Page 2 of 5 � STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) On this �S t day of �Lc��1 � , 2015, before me a Notary Public in and for the State of Washington, personally appeared Patty Lent, to me known to be the Mayor of City of Bremerton, a Washington municipal corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said corporation, for the uses and purposes mentioned in this instrument, and on oath stated that S he was authorized to execute said instrument. -Notary Seal Must Appear Within 7his Box- IN WITNESS WI�REOF, I have hereunto set my h and official seal the day and year first above written. � , � c�.sv��a�► T/y� NOTARY PUBLIC, in and for the State / � �y� �.•"'••.� of Washington, residing at�yta Mp�?� ,�IV . � . ` �9 My appointment expires a-iA �/ 9 �� C �� : p , � � �� 9 i� j� �� `C �� /�••.... � �� - u�� APPROVED AS TO FORM: RO ER A. LUBOVIC City Attorney ACCESS EASEMENT - Page 3 of 5 EXHIBIT A ACCE55 EASEMENT LEGAL DESCRIPTION TAX PARCEL N0. 3713-002-0�1-0106 AN EASEMENT OVER AND ACROSS A PORTION OF LOT 1, BLOCK 2, OF BENBENNICK'S SECOND ADOITION, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 2 Of PLATS, PAGE 79, RECORDS OF KITSAP COUNTY, WASNINGTON; SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLlOWS; COMMENCING ATTHE SOUTHWEST CORNER Of SAID LOT 1; THENCE SOUTH S8 EAST ALONG THE SOUTH LINE THEREOF A DISTANCE OF 66.37 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH Oi°36'39" EAST A 015TANCE OF 20.00 FEET; THENCE SOUTH 88 EAST A DISTANCE OF 15.00 FEET; THENCE SOUTH 01°36'39" WEST A DISTANCE OF 20.00' TO THE SOUTH LINE Of SAID LOT 1; THENCE NORTH 88°23'21" WEST ALONG SAID SOUTH LINE A DISTANCE Of 15.00 FEET TO THE TRUE POINT OF BEGINNING; SAID EASEMENT CONTAINING 300 SQUARE FEET MORE-OR-LE55. a ❑ � . � EXHIBIT B EASEMEN7 NE'/. OF THE SW'/. OF SECTION 13, T. 24 N., R. 01 E., W.M. KITSAP COUNTY, WASHINGTON ? � . _ � _ ,_ .._. _-___ �ANE�E gR��c'E I _. - � �-� ` ; � i � � �� ; i I � � ; Nae�z��s�w ,s,�t i5' 1 125.00' r+ 66't ' ' �%;,� _r;i: ,;�) g � ' w 8 ;� r r! t�'�-1�; �� . S88'23'21'E � � , � 15.00 $; W' 8 ND1'36'39'E 300 SF � I g 20.00' SOt'36'391N ;;;ii,i-,:" Q ' � 20.00' ;:iif y: �';, Z 66.37' , 15.00' 43.63' S8'f � i � TPOB ,..c: NBB'23'2t'w i83'! � � POC � ..�,,••: Z Cv � ^ 1, ,,�,`,19 : � i � � ; E� Q `�, v .. � ,'`y��:��''OF �`J% �u�! ��__;—.�.1 l ' ( ` y � ; .,�'yo�� .�� - .- ,•�ti•:`;'; _. �_ � SB8'23'21'E 175't s � � ! I �, — .,�..; i� I __,,,� _ I ..::4 i `:1: ... �i�v .:� `.,, . ...;:��:.': , � � 25 � i I i i ------� ----� � I .. �i!I; ;;:'t f:;:" _' _ I I \.. . ; j '>l%....i . `.,N� A:i,�o•�i� �r . ... � � � � � y�--__ __.---.--------- � � s-,8-,s -I .__. , Parametrlx LEGEND � /,i��`i l'I // EASFMFNT AREA SCALE IN FEET pOC POINT OF COMMENCEMENT 0�0 TPOB TRUE POIN f OF BEGINNING �; 9 'r�° �07 jEXHIBIT B '�isTaR�'°��'` (EASEMENT a-a �_ �_A�; �= 300 S.F. � TAX PARCEL fi 3713•002•U01-0106 � -- -- F ILE. 1896-124-WA-AVE-ESMT Na� 18 2015 SHEET 1 OF 1 , � , r � Return Address: Citv of Bremerton 345 6th Street, Suite 600 - - - - - -.. - .. - - - _ _.. - -- - - - - - - - - - - LAND TITLE 201506150092 Boundary Line Rdjustment Rec Fee. $ 7B 00 Bremerton, Washin�ton 98337 me�,srzo,s 10:53 AM Page , of � Dolores Gilmore, Kitsap Co Ruditor I IIIIIII IIIIII III IIII IIIIIII IIIIII IIII IIII IIIII IIII� IIIIIII III IIIII IIIII IIIII IIII IIII _ DECLARATION OF BOU(VDARY LINE ADJUSTMENT This form allows for the adjustment of boundary lines within the City of Bremerton. This adjustment will not create any additional lot, tract, parcel or site, nor create any lot, tract, parcel or site which contains insufficient area and dimension to meet the minimum requirements for the zones width, depth and area as prescribed the City of Bremerton Ordinance 5034 NOTE: This boundary (ine adjustment daes NOT convey ownership. • A survey of the property is recommended since it provides an accurate description of the property and precisely locates the property boundaries. • It is recommended that legal descriptions be prepared by a professionaf land surveyar • Please see attached exhibit of the current and proposed lot configuration. • Per RCW 84.56.340, all current year and delinquent taxes much be paid in full on all parcels. If this property is within a Short Subdivision, you will need to file a Short Subdivision Amen dment to the e ffected lots o th original Short Su bdivision Assessor's Tax Account No(s): 3713-002-003-0005 & 3713-Q02-002-0006 Location: Section 13, Township 24N, Range 1E Quarter: NE Quarter: SW Zoning: Multi-Family Residential Min. Lot Area required per zoning: 3,000 sq. ft. Applicant: City of Bremerton Applicant Mailing Address: 345 6t�' Street, Suite 600, Bremerton, WA 98337 Applicant's Phone No. 360-473-5290 �.. EXCISE T�C EXE�P°P �� . � 2035 � TeX�S 8�e � �; /�-�� --�5 Owner(s) of Record: City of 6remerton, (3713-002-003-0005), Family Tree Investments, LLC (3713-002-002-00 Declarant(s) / Owners of original Parcel(s): Name Mailing Address City/State/Zip City of Bremerton 345 6t Street, Suite 600 Bremerton, WA 98337 Family Tree Investments LLC 14505 43�d Ave. W. Lynnwood, WA 98087 IN WITNESS WHEREOF, the parties hereto have executed this instrument as of , 2015 STATE OF WASHINGTON COUNTY OF KITSAP DECLARANTS � GIG /O/ 2Dl� (� � On this � day of C...P 2015, before me personally appeared a �.n f , to me known (or pr ved on the basis of satisfactory evidence) to be the of the�"` °£ �hat e`� c ed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he sh was authorized to execute said instrument. In witness whereof I have hereunto set my hand and affixed my official seal the day and year first above written, Dated: �� , Zd/ 5 Signature of Notary Pu ic: � Printed Name of Notary Publ�c: � w ��,r� V � �v� v. sw� � :P' � �ei` ,?: f o�� r ': . �► �c • . �G • ;� PUO�•�°�' �q��W�,�� STATE OF WASHINGTON COU NTY OF KITSAP ) � On this �_ day of ,�� , 2015, before me personalfy appeared ►�-e�-� � 7�,�Sc S� me known (o�proved on the basis of satisfactory evidence) to be the �-�o ►�.v��.� of thefe e t�at-te�that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said torporation, for the uses and purposes therein mentioned, and on oath stated that he/she was autho�ized ta execute said instrument. In witness whereof I have hereunto set my hand and affixed my afficial seal the day and year first above written. Dated: �l�ll�� Signature of Notar lic: ` �,n��ini�,,, ��•�`�G p,T HlF �'��,, `�� . �� •��n;ssio�, •. tn ': = :` � N O Tq �' :� - =�: � ' = _ 'i • m A • � y i = ;�� r �eLIC 6 ; ; � - i Q�''.eFR 09, Zo� .•O� `�: �j iO '•••...•• ,� �`� ��i�� WASH�NG.�`� Printed Name of Notary Public: — � `� DECLARATION OF BOUNDARY LINE ADJUSTMENT THIS QECLARATION MADE THIS day of , 2015, By: The Citv of Bremerton Declarant(s) as owners of the real property legally described herein, and by Familv Tree Investments LLC Deciarant(s) as owners of the real property legally described herein, who wish to adjust the common property line between said parcels without creating any additional lot, tract, pa�cel or site. CURRENT Legal Description of Parcel(s): PARCEL A: (Tax Account No. 3713-002-003-0005) THE NORTH HALF OF LOT 3, BLOCK 2, BENBENNtCK'S SECOND ADOITION, ACCORDING TO TNE PLAT THEREOF RECORDED IN VQLUME 2 OF PLATS, PAGE 79, RECORDS OF KITSAP COUNTY, WASHINGTON. PARCEL B: (Tax Account No. 3713-002-003-0006) LOT 2 AND THE SOUTH HALF �F LOT 3, BLOCK 2, BENBENNICK'S SECOND ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2 OF PLATS, PAGE 79, RECORDS OF KITSAP COUNTY, WASHINGTON. REVISED Legal Description of Parcel(s): RESULTANT PARCEL A: LQT 3, BLOCK 2, BENBENNICK'S SECOND ADDITION, ACCORDING TO THE PLAT THEREOF RECOROED IN VOLUME 2 OF PLATS, PAGE 79, RECORDS OF KITSAP COUNTY, WASHINGTON. RESULTANT PARCEL B: LOT 2, BLOCK 2, BENBENNICK'S SECOND ADDITION, ACCORDING TQ THE PLAT THEREOF RECORDED IN VOLUME 2 �F PLATS, PAGE 79, RECORDS OF KITSAP COUNTY, WA5HINGTON. BOUNDARY LINE ADJUSTMENT � ORIGINAL PARCELS o N 40 , SECTION 13, TOWNSHIP 24 N, RANGE 1 E, W.M. BOUNDARY LINE ADJUSTMENT MAP �°=ao• KITSAP COUNTY, WA _ -._---� _ -- ---ANE. gR1DG M '` , 1 r i I 25' � w, g � � �i �' I 8 Q) Z O � z� � = 8 aj � �; l � i � � 5�23'21'E 191't 125.Q0' � 66'f __ $ i � . � � _ � � ORiGl �P �CEL A :;�Y :±`;�l:it ?� . Z Q07t AC `��`� � �t�� ` .. ,. ,-, r �.. , � � 125.�' � "�C� QPG 58't � ��j�� Q�� SB8'23'21 � i 83't g � G� da�' ORIGINAL PARCEL B g� a� � "� ..-.;:;:- - . , �.i�. , � - � a�: ..��,�: -r:� . . / S88'23'21'E 175t , i i `OF7E IAa�Nb 70:4 FILE i896724W.4�JEHU ENGWEERING . PLANNING . ENVIRONMENTAL SCIENCES � � .�- __--NE.�ZE gR� MA � o N ao� �° = ao� I �_ , , / , � 25' { W � 2 W Q Z� Q + zl d �, BOUNDARY LINE ADJUSTMENT RESULTANT PARCELS SECTION 13, TOWNSNIP 24 N, RANGE 1 E, W.M BOUNDARY LINE ADJUSTMENT MAP KITSAP COUNTY, WA � � � g � 0 � S88'23'21'E 191't 125.D0' � �� f r— � � RfSULTANT PARCEL A ` ,:.; ';. ' � 5eoat sF , . � .. Qi3t AC O � � �,�. �„v1 g . ;� ...� �.�� . _ .. o � � 125.00' E��- � �i`•s�`� � PQ.�� 8 58�23'21 ` , � — — — — � � I�� '' � � �- ORIGINAL L1NE o � RESULTANT PARCEL 8 b � � _. .. _ _ ..... . . _ . .. . .. .. . $ � N ` �� .,:. � z NEW LINE f: �?J,. .. , .. .'� L�: 125.00� ' SO�t � S88'23'11'E 175't r 1 ( CAIE YuW 30, �C15 F�LE. 189S17d.WMA�£.BIA ENGINEERING . PLANNING . ENVIRONMENTAL SCIENCES � LAND TITLE C OMPANY • l.F.:�DF:RSHII' • "1'RUST • CO��1�11�1'�Il:\ Agent 1'or Old Republic N�tional Title Insurancc Compam ❑ Title / Recording Dept. 9657 Lcvin Road N W Silverdalc, Wa 98383 (3(�)692-2233 �ax(360)692-22�3 June 19, 2015 The City of Bremerton 345 6th Street, #600 Bremerton, WA 98337 Enclosed please find your final policy of title insurance in regards to the following transaction: Seller Name: Buyer Name: Our File No.: Property Address: Family Tree Investments, LLC The City of Bremerton E-256670CA 646 Washington Avenue, Bremerton, WA 98337 ��i !a+ � �`�Jliy Ciry of Bremerton Risk Management Please call us if you have any questions regarding this policy. For your convenience please use our "800" number. 1-800-950-4321 Thank you for allowing Land Title Company of Kitsap County to serve you. We appreciate your business! Sincerely, Land Title Company of Kitsap County KEEP THIS POLICY IN A SAFE PLACE For fast service on future sales or loans on this property present this letter to your realtor or lender. Thank you, Land Title Company of Kitsap County �*� # * * � * � � # * * � Owner's Policy American Land TitleAssociation Owner's Polic,y 6-17-06 Po�i� rv�mbe�: A46051-OX09627902 (2) Offioe File Number. E -256670CA SUBJECT TOTHE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE BAND THE CONDITIONS AND STIPULATIONS, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, herein called the Company insures, as of Date of Polu,y shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or mcurred by the insured by reason of 1. Tdle to the estate or interest descnbed in Schedule A being vested other than as stated therein, 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4 Lack of a right of access to and from the land; The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, but only to the extent provided in the Conditions and Stipulations IN WITNESS WHEREOF, the said Old Republic National TAIe Insurance Company has caused its corporate name and seal to be hereunto affixed by its duly author¢ed officers as of the date shown in Schedule A, the policy to be valid when countersigned by an author¢ed officer or agent of the Company. EXCLUSIONS FROM COVERAGE The followmg matters are expressly excluded from the coverage of this polic.y and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinancz or governmental regulation (including but not limded to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter ereded on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exerase thereof or a notice of a defect, lien or encumbrance resuRing from a violation or alleged violation affecting the land has been recorded in the public records at Date of Polu,y. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on ihe rights of a purchaser for value wdhout knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to by the insured claimant, (b) not known to the Company, not recorded in the public records at Date of Polic,y, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant pnor to the date the insured claimant became an insured under this polic,y; (c) resulting in no loss or damage to the insured claimant, (d) attachmg or created subsequent to Date of Policy; or (e) resuRing in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this polic,y. 4. Any claim, which arises out of the transaction vesting in the insured the estate or mterest insured by this policy, by reason of the operation of federal bankruptcy, state insoNency or similar creddors' rights laws, that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer resuRs from the fadure (i) to timely record the instrument of transfer; or (u) of such recordation to impart notice to a purchaser for value or a �udgment or lien creddor. Issued through the offices of: Land Title Company of Kitsap County 9657 Levin Road NW Silverdale, Wa 98383 (360)692-2233 Countersigned� By � �' �� , • OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY a Corporation 400 Second Avenue South, Minneapolis, MN 55401 (612) 371-1111 $ E �=_ : -�: ��.:�� P s�dent Atfesf Socralary CONDITIONSAND STIPULATION CONDITIONSAND STIPULATION 1. Definition of Terms The following terms when used in this policy mean: (a) "insured"� the insured named in ScheduleA, and subject to any rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of law as distingwshed from purchase including, but not limited to, heirs, or fiduciary successors. (b) "insured claimanP': an insured claiming loss or damage. (c) "knowledge" or "known": adual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart construdive notice of matters affeding the land. (d) "land": the land descnbed or referred to in ScheduleA, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or lim�t the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (� "public records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. With resped to Section 1(a)(iv) of the Exclusions From Coverage, "public records" shall also include environmental protection liens filed in the records of the clerk of the United States district court for the district in which the land is located. (g) "unmarketability of the title": an alleged or apparent matter affeding the tdle to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A or the insured mortgage to be released from the obligation to purchase by virtue of a contractual condition reqwring the delivery of marketable title. 2 Continuation of Insurance After Conveyance of Tdle The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liabdity by reason of covenants of warranty made by the insured in any transfer or conveyance of the estate or interest This policy shall not continue in force in favor of any purchaser from the insured of either (i) an estate or interest in the land, or (u) an indebtedness secured by a purchase money mortgage given to the insured. 3. Notice of Claim to be Gnren by Insured Claimant The Insured shall notify the Company promptly in writing (i) in case of any I�tigation as set forth in Section 4(a) below. (u) in case knowledge shall come to an msured hereunder of any claim of title or interest which is adverse to the tdle to the estate or interest or the lien of the insured mortgage, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this polic,y, or (m) �f tdle to the estate or interest or the lien of the insured mortgage, as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company, then as to the insured all liability of the Company shall termmate wdh regard to the matter or matters for which prompt notice is required, provided, however, that failure to not�fy the Company shall in no case pre�udice the rights of any insured under this policy unless the Company shall be pre�udiced by the failure and then onN to the extent of the prejudice. 4 Defense and Prosecution ofActions, Duty of Insured Claimant to Cooperate. (a) Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company at its own cost and wrthout unreasonable delay, shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of adion alleging a defect, lien or encumbrance or other matter insured against by this policy The Company shall have the nght to select counsel of its choice (subject to the right of the insured to ob�ect for reasonable causes to represent the insured as to those stated causes of adion and shall not be liable for and wdl not pay the fees of any other counseE The Company will not pay any fees, costs or expenses incurred by the insured in the defense of those causes of action which allege matters not insured against by this polic,y (a) The Company shall have ihe right, at its own cost, to institute and prosecute any adion or proceeding or to do any other ad which in ds opinion may be necessary or desirable to establish the tdle to the estate or interest or the lien of the insured mortgage, as insured, or to prevent or reduce loss or damage to the insured. The Company may take any appropriate adion under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this polic,y. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) Whenever the Company shall have brought an action or interposed a defense as reqwred or permitted by the provisions of this policy, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (c) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured shall secure to the Company the right to so prosecute or provide defense in the adion or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of the insured for this purpose Whenever requested by the Company, the insured, at the Company's expense, shall give the Company all reasonable aid (i) in any adion or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the adion or proceeding, or effecting settlement, and (ii) in any other lawful ad which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest or the lien of the insured mortgage, as insured. If the company is prejudiced by the failure of the insured to furnish the required cooperation, the Company's obligation to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation 5. Proof of Loss or Damage In addition to and after the notices required under Sedion 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by ihe insured claimant shall be furnished to the Company within 90 days after the insured claimant shall asoertam the fads giving rise to the loss or damage. The proof of loss or damage shall describe the defed in, or lien or encumbrance on the title, or other matter insured against by this polic,y which constdutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liabildy or obligation to defend, prosecute, or continue any I�tigation, with regard to the matter or matters requiring such proof of loss or damage In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspedion and copying, at such reasonable times and places as may be designated by any authorized representatnre of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Polu.y, which reasonaby pertain to the loss or damage Further, if requested by any author¢ed representative of the Company, the insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, insped and copy all records, books, ledgers, checks correspondence and memoranda in the custody or control of a third party, which reasonaby pertain to the loss or damage. All information designated as confidential by the insured claimant provided to the Company pursuant to this Sedion shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the Gaim Failure of lhe insured claimant to submd for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this paragraph, unless prohibded by law or governmental regulation, shall terminate any liabdity of the Company under this policy as to that claim. CONDITIONS DEFINITION OF TERMS The following terms when used in this policy mean: (a) "Amount of Insurance": the amount stated in ScheduleA, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 11 and 12 of these Conditions. (b) "Date of Polic,y". The date designated as "Date of Policy" in Schedule A (c) "Entdy" A corporation, partnership, trust, limded liabildy company, or other similar legal entity (d) "Insured". The Insured named in ScheduleA. (i) The term "Insured" a{so indudes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, includmg heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distnbution, or reorgan¢ation; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of adual valuable consideration conveying the Title (1) rf the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured, (2) rf the grantee wholly owns the named Insured, (3) if the grantee is wholy-owned by an affiliated Entdy of the named Insured, provided the affiliated Entity and the named Insured are both wholly-owned by the same person or Entity, or (4) 'rf the grantee is a trustee or beneficiary of a trust created by a wrdten instrument established by the Insured named in Schedule A for estate planning purposes. (u) Wnh regard to (A), (B), (C), and (D) reserving, however, ali nghts and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured ClaimanP': An Insured claiming loss or damage (� Knowledge" or "Known": Adual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Tdle. (g) "Land". The land descnbed in ScheduleA, and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land �s insured by this polu,y. (h) "Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means author�zed by law. (i) "Public Records"� Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. Wdh resped to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. �) "Trtle" The estate or interest described in ScheduleA. (k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Tdle or lender on the Title to be released from the obligation to purchase, lease, or lend �f there is a contractual condition requiring the delivery of marketable tdle. CONTINUATION OF INSURANCE The coverage of this policy shall wntinue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or ony so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (u) an obligation secured by a purchase money Mortgage given to the Insured 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) below (u) in case Knowledge shall come to an Insured hereunder of any claim of tdle or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by viriue of this policy, or (iii) if the Title, as msured, is rejeded as Unmarketable Title If the Company is pre�udiced by the failure of the Insured Claimant to provide prompt notice, the Company's liabdity to the Insured Claimant under the polu,y shall be reduced to the extent of the prejudice 4. PROOF OF LOSS 1n the event the Company is unable to determine the amount of loss or damage, the Company may, at ds option, require as a conddion of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon wrdten request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall prowde for the defense of an Insured in litigation in which any third party asserts a daim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of adion alleging matters insured against by this policy. The Company shall have the right to select counsel of ds choice (subjed to the right of the Insured to ob�ed for reasonable cause) to represent the Insured as to those stated causes of adion It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Section 7, of these conditions, at its own cost, to instituted and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate adion under the terms of this polic.y, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liabdity or waNer of any provision of this policy. If the Company exercises its rights under this subsedion, �t must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction and �t expressy reserves the right, in its sole discretion, to appeal from any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permds or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose Whenever requested by the Company, the insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining wdnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (n) in any other lawful ad that in the opinion of the Company may be necessary or desirable ta establish the Title or any other matter as insured. If the Company is prejudiced by the fadure of the Insured to furnish the required cooperation, the Company's obligalions to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecule, or continue any litigation, wdh regard to the matter or matters requiring such cooperation (b) The Company may reasonabN require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examinat�on, inspection, and copying, at such reasonable times and places as may be designated by the author¢ed representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Polic,y, ihat reasonably pertain to the loss or damage. Further, rf requested by any author¢ed representative of the Company, the Insured Claimant shall grant its permission, in writing, for any author¢ed representative of the Company to examine, inspect and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, d is necessary in the administration of the claim Fadure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information or grant permission to secure reasonably necessary information, from third parties as required in this subsection, unless prohibded by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options� (a) To Pay or Tender Payment of theAmount of Insurance To pay or tender payment of the Amount of Insurance under this polic.y together wdh any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were author¢ed by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, induding any liabil�ty or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (i) To pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policq In adddion, the Company will pay any costs, attorneys' fees and expenses incurred by the Insured Claimant that were author¢ed by the Company up to the time of payment and that the Company is obligated to pay; or (ii) To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were author¢ed by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsedions (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liabildy or obligation to defend, prosecute or continue any litigation 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemndy against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy (a) The extent of liabddy of the Company for loss or damage under this policy shall not exceed the lesser of (i) theAmount of Insurance; or (ii) the drfference between the value of the Tdle as insured and the value of the Tnle subject to the risk insured against by this polic,y. (b) If the Company pursues its rights under Sedion 5 and is unsuccessful in establishing the Title, as insured, (i) theAmount of Insurance shall be increased by 10°/a, and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In adddion to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses mcurred in accordance with Sections 5 and 7 of these Conditions 9. LIMITATION OF LIABILTY (a) If the Company establishes the Title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably ddigent manner by any method, including litigation and the completion of any appeals, d shall have fully performed ds obligations wdh respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent �urisdiction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this polic,y, except payments made for costs, attorneys' fees, and expenses, shall reduce theAmount of Insurance by the amount of the payment 11. LIABILITY NONCUMULATIVE The amount of Insurance shall be reduced by any amount the Company pays under any policy insunng a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Polic,y and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, d shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to ihe extent of the amount of any loss, costs, attorneys' fees and expenses paid by the Company If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permd the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies If a paymeni on account of a claim does not fuly cover the loss of the Insured Claimant, the Company shall defer the exercise of ds nght to recover until after the Insured Claimant shall have recovered ds loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Edher the Company or the Insured may demand that the claim or controversy shall be submitted to arbdration pursuant to the Tdle Insurance Arbdration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of olher persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in wnnection with its issuance or the breach of a policy prowsion, or to any other controversy or claim arising out of the transaction giving rise to this polic,y. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arb�trated at the option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by theArbitrator(s) may be entered in any court of competent jurisdiction 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to d by the Company is the entire policy and contrad between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any adion asserting such claim shall be restrided to this policy. (c) Any amendment of or endorsement to this policy must be in wrdmg and authenticated by an author¢ed person, or expressfy incorporated by Schedule A of this polic,y. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subjed to all of its terms and provisions. Except as the endorsement expressly states, d does not (i) modify any of the terms and provisions of the polic,y, (u) moddy any prior endorsement, (iii) extend the Date of Polu,y, or (iv) increase the Amount of Insurance. 16. SEVERABILITY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under appliqble law, the polic.y shall be deemed not to include that provision or such part held to be invalid, but all other prowsions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a) Choice of Law: The Insured adcnowledges the Company has underwrdten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies or enforcement of policies of t�tle insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured, and to interpret and enforce the terms of this polu,y In neither case shall the court or arbitrator apply its conflicts of laws principles to determine the applicable law. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given ihe Company under this Policy must be groen to the Company at Second Avenue South, Minneapolis, Minnesota 55401-2499. (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States ofAmenca or its territories having appropriate �urisdiction ISSUED FROM THE OFFICE OF LAND TITLE COMPANY OF KITSAP COUNTY AS AGENT FOR OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY ALTA OWNER'S POLICY STANDARD SCHEDULE A Office File No.: E-256670CA Policy No.:A46051-OX 09627902 (2) Address Reference: 646 Washington Avenue Bremerton, WA 98337 Date of Policy: June 15, 2015 at 10:53 AM Amount of Insurance: $ 132,000.00 Premium: $ 766.00 1. Name of Insured: THE CITY OF BREMERTON, a Washington Municipal Corporation 2. The estate or interest in the land which is covered by this policy is: A Fee 3. Title to the estate or interest in the land is vested in: THE CITY OF BREMERTON, a Washington Municipal Corporation 4. The land referred to in this policy is described as follows: SEE LEGAL DESCRIPTION ATTACHED ON EXHIBIT "A" AND BY REFERENCE MADE A PART HEREOF ALTA Owner's Policy (6/17/06) ScheduleA (E-256670 PFD/E-256670/55) ALTA STANDARD OWNER'S POLICY Office File No.: E-256670CA Policy No.: A46051-OX09627902 (2) EXHIBIT "A" DESCRIPTION: THE SOUTH HALF OF LOT 3, BLOCK 2, BENBENNICK'S SECOND ADDITION, ACCORDING TO THE PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE(S) 79, RECORDS OF KITSAP COUNTY, WASHINGTON. ALTA Owner's Policy (6/17/06) Exhibit A-Legal Description (E-256670 PFD/E-256670/55) ALTA STANDARD OWNER'S POLICY Office File No.: E-256670CA Policy No.: A46051-OX 09627902 (2) SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: GENERAL EXCEPTIONS: A� Rights or claims of parties in possession, or claiming possession, not shown by the Public Record. B. Any, encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. C. Easements, prescriptive rights, rights-of-way, liens or encumbrances, or claims thereof, not shown by the Public Record. D. Any lien, or right to a lien, for contributions to employee benefit funds, or for state workers' compensation, or for services, labor, or material heretofore or hereafter furnished, all as imposed by law, and not shown by the Public Records. E. Taxes or special assessments which are not yet payable or which are not shown as existing liens by the Public Records. F. Any lien for service, installation, connection, maintenance, tap, capacity or construction or similar charges for sewer, water, electricity, natural gas or other utilities, or for garbage collection and disposal not shown by the Public Records. G. Unpatented mining claims, and all rights relating thereto. H. Reservations and exceptions in United States Patents or in Acts authorizing the issuance thereof. Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. J. Water rights, claims, or title to water. FOR SPECIAL EXCEPTIONS, SEE ATTACHED ALTA Owner's Policy (6/17/06) Schedule B (E-256670 PFD/E-256670/55) ALTA STANDARD OWNER'S POLICY Office File No.: E-256670CA Policy No.:A46051-OX09627902 (2) SCHEDULE B - cont'd SPECIAL EXCEPTIONS: Easement, including its terms, covenants and provisions as disclosed by instrument; Recorded:September 29, 1948 Recording No.:476939 In Favor of:City of Bremerton For:Sewer pipes, together with rights of access for maintenance and repair Affects:Said premises SG/jt END SCHEDULE B OWNERS POLICY ENDORSEMENTS: NONE Date: June 15, 2015 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY By: � Authorized Signatory ALTA Owner's Policy (6/17/06) Schedule B-Continued (E-256670 PFD/E-256670/55) v �-. . �..... � ....� � � ��y � . r•� ` � od4= � oo;� os-`os. �ooa-oo . o '� 0 \ ' S: � � �, A�� ,�1 . p � 4 0 41 �\� � Thc map is oas= o C� 9 I�N 5'TRc ET C 11 TH S TREE \ for your aid oQ '=� a a; Q oo. rn= � � � in locating � 065 ^� �; 055 osi 042 0 \ •'° -� � o� oo � 5 6 y ` 1 p � your land o -_ - �. 054 oso 049 � 043 � with e�-; 066 � 0 61 0 4 8' 0 4 4 � �� reference t.o r � � streets and ��"'�-� STREET �°TH SIREFI� ---- � � _ ... - � ' o .� 0 4 5 � other oo�-oo� � O80 037 ' � o z-o ,' 079 038 -0a�A�_ 025 ° `� yo � Z 001 ` 1 Pazcels. e While it is 03-00' ; 039 -0�_ ; 026 211 � y � � believed to 0 78 0 4 0 i- -- —- 'n.. . � 0 021 e 1 be correct, 04; o0 041 5 oii-oo �, ,; *r� - �t� :.�k.� 1 the ._ : 077 �A-�=A ��1R ', :?.� - _ z 1 081 .... 0 42 � -, '•o ib �,ao`,. 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I I I� prrr_� _ zo � � _ 004 005 006 007 / �i9s;i �r .� I �,—�� _ �J � ;� _�1; ?' � \ � II ,`� {�� _ _ _,��7 / � ' �! �i � GO VERNM��EN T L 0 PA TfNTE'D 5/23/8� VOL 1;PG 43 1 Subject Property 13-24N-01 E (SW) 1 1 � 1 ! 1 i � 1 1 � � WA TERWA Y —�� I� ----------- -� � -1 PUBLIC PLACE � j i l---------- � 1 � WA TERWA Y i �� --------- — -- —� 1 1 1 , �