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HomeMy WebLinkAbout9210120171Filed for Record at Request of: KITSAP COUNTY $10. O0 CHCK When Recorded Return to: qLED-BY: BREMERTON CITY OF )CT t2, ~992, ~2:29 P~ Name BRENDA J. LITTLE (AREN FLYNN, ALDITOR Assistant Attorney General ~,LER)~: LO6AN for the State of Washington ~. F. ~.' 9J~D~[~ ~ Education Division F~EEL []W576 FR DLJB9 Address 900 Fourth Ave., $2000 Seattle, WA. 98164-1012 CORRECTED STATUTORY WARRANTY DEED (For Use in the State of Washington Only) THE GRANTOR, the City of Bremerton, a Washington municipal corporation, for and in consideration of the transfer to Grantor of the property commonly known as the Bremerton Lumber site, in hand paid, conveys and warrants to the STATE OF WASHINGTON, State Board for Community College Education on behalf of Community College District No. 3, Olympic College, the following described real estate, situated in the County of Kitsap, State of Washington: That real property commonly known as "Roosevelt Field" and more particularly described in the attached Exhibit "A" which is incorporated herein by this reference. SUBJECT TO: Rights reserved in federal patents or state deeds, building or use restrictions, utility easements, reserved oil and/or mineral rights and those exceptions set out in Exhibit "B", "General Exceptions", which is incorporated herein by this reference; and SUBJECT TO: Corrected Deed of Easement (three pages), STATUTORY WARRANTY DEED -1- A.F. ~9107100034, REEL 0597, FR 1568-1570, signed June 25, 1991, filed July 10, 1991, and the conditions specified thereof in said deed of easement. DATED this ~ day of ~8~4~. , 1992. BY: ~~~c TY OF BREMERTON · LOUIS MENTOR, Mayor ATTEST: ~~"~- *f~.- A.F. #1 9210120171 KATHL~E~ L. M~CLUSKEY, Cle~ REEL 0&76 FR 0530 A~~O~: K~TSAP COUNTY TRANSACT~TM ~XG~S~ TAX ~N k. ~EVERS, C~ty Attorney PA~D OCT 9 ~99~ AMOUN'~ COUNTY OF KITSAP ) On this day personally appeared before me Louis Mentor, Bremerton City Mayor, and Kathleen L. McCluskey, Bremerton City Clerk, of the City of Bremerton, the municipal corporation described in and 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 they were authorized to execute said instrument on behalf of said corporation. GIVEN under my hand and official seal this ~ day of ~ , ~992. ~ ; ~ :~tary Public in and for tke State of ~% p ..... ~ ;~shington, residing at: ~~ t,~(0 ~,~./~y appointment expires: /0 · J~ ~.~0~ ~ ' '~_ ~ ....... _,~ ~ STATUTORY ~AR~NTY DEED -2- EXHIBIT Lots 4, 5, 6, and 7, Tract 6, of Warren Smith's Acre Tracts, as per plat recorded in Vol. 2, of Plats, page 51, records of Kitsap County, Washington, together with vacated streets. EXCEPT the south 60 feet of Lots 4 and 7 for 16th Street, ALSO EXCEPT the west 15 feet of Lots 6, and 7 for Chester Ave, ALSO EXCEPT the east 20 feet of Lots 4 and 5 for Warren Ave. ALSO Lots 1, 2, 9, and 10, and the south 67.08 feet of Lots 3 and 8 of Tract 5 of said Plat, together with vacated streets, EXCEPT the west 15 feet of Lots 8, 9, and 10, for Chester Ave, ALSO EXCEPT that portion of Lots 1, 2, and 3, and the vacated street, lying east of the following Described line: Beginning at a point on the north line of Lot 5 of said Tract 6, said point being 20 feet west of the northeast corner thereof; thence north parallel to and 20 feet west of the east line of said Lot 5 and Lot 1 of Tract 6, a distance of 90 feet; thence northwesterly along a straight line to a point on the north line of the south 67.08 feet of Lot 3 of said Tract 5, said point being 33 feet west of the northeast corner of said south 67.08 feet of said Lot 3 of Tract 5, and the end of said described line. The above description is intended to be described along the west edge of the sidewalk now existing on the west side of Warren Ave, and that the entire sidewalk will be retained by the City of Bremerton. EXHIBIT "B" GENERAL EXCEPTIONS: Reservations and exceptions in United States Patents or in Acts authorizing the issuance thereof; Indian tribal codes or ~egulations; Indian treaty or aboriginal rights, including easements or equitable servitudes. Water rights, claims, or title to water. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey and inspection of the premises. Easements, or claims of easements, not shown by the public records. Filed for Record at Request of: When Recorded Return to: Name BRENDA J. LITTLE Assistant Attorney General for the State of Washington Education Division Address 900 Fourth Ave., $2000 Seattle, WA. 98164-1012 STATUTORY WARRANTY DEED (For Use in the State of Washington Only) THE GRANTOR, the City of Bremerton, a Washington municipal corporation, for and in consideration of the transfer to Grantor of the property commonly known as the Bremerton Lumber site, in hand paid, conveys and warrants to the STATE OF WASHINGTON, State Board for Community College Education on behalf of Community College District No. 3, Olympic College, the following described real estate, situated in the County of Kitsap, State of Washington: That real property commonly known as "Roosevelt Field" and more particularly described in the attached Exhibit "A" which is incorporated herein by this reference. SUBJECT TO: Rights reserved in federal patents or state deeds, building or use restrictions, utility easements, reserved oil and/or mineral rights and those exceptions set out in Exhibit "B", "General Exceptions", which is incorporated herein by this reference; and SUBJECT TO: Corrected Deed of Easement (three pages), STATUTORY WARRANTY DEED -1- A.F. #9107100034, REEL 0597, FR 1568-1570, signed June 25, 1991, filed July 10, 1991, and the conditions specified thereof in said deed of easement. Y OF BREMERTON LOUIS MENTOR, May6r ATTEST: KATHLEEN L. McCLUSKEY, Clerk JTO FORM: IAN~]~. SIEVER~, City Attorney STATE OF WASHINGTON ) : ss. COUNTY OF KITSAP ) On this day personally appeared before me Louis Mentor, Bremerton City Mayor, and Kathleen L. McCluskey, Bremerton City Clerk, of the City of Bremerton, the municipal corporation described in and 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 they were authorized to execute said instrument on behalf of said corporation. GIVEN under my hand and official seal this ~ day of  , 1992. ~ota~y P~bllc in ~nU for~t~e St~at~e of Wa~i~g~on, residing at:' ~_~e~. My appointment e~pires: \C%~I~ . STATUTORY WARRANTY DEED -2- EXHIBIT Lots 4, 5, 6, a~d 7, Tract 6, of Warren Smith's Acre Tracts, as per plat recorded in Vol. 2, of Plats, page 51, records of Kitsap County, Washington, together with vacated streets. EXCEPT the south 60 feet of Lots 4 and 7 for 16th Street, ALSO EXCEPT the west 15 feet of Lots 6, and 7 for Chester Ave, ALSO EXCEPT the east 20 feet of Lots 4 and 5 for Warren Ave. ALSO Lots 1, 2, 9, and 10, and the south 67.08 feet of Lots 3 and 8 of Tract 5 of said Plat, together with vacated streets, EXCEPT the west 15 feet of Lots 8, 9, and 10, for Chester Ave, ALSO EXCEPT that portion of lots 1, 2, and 3, and the vacated street, lying east of the following Described line: Beginning at a point on the north line of Lot 5 of said Tract 6, said point being 20 feet west of the northeast corner thereof; thence north parallel to and 20 feet west of the east line of said Lot 5 and Lot 1 of Tract 6, a distance of 90 feet; thence northwesterly along a straight line to the north line of the south 67.08 feet of Lot 3 of said Tract 5, said point being 33 feet west of the north line of said south 67.08 feet and the end of said described line. The above description is intended to be described along the west edge of the sidewalk now existing on the west side of Warren Ave, and that the entire sidewalk will be retained by the City of Bremerton. CHICAGO TITLE INSURANCE COMPANY CHICAGO TITLE INSURANCE COMPANY, a Missouri corporation, hereby agrees that is will issue, as of the date shown in Schedule A, its policy of title insurance in the form and with a liability not exceeding the amount shown in Schedule A insuring title to the estate or interest described to be vested in the vestee named herein subject only to the Exceptions shown in Schedule B and to all of the provisions of the policy; or in the alternative, if a valid and sufficient instrument creating an insurable estate or interest in favor of the party named or referred to in paragraph 1 of Schedule A is executed, delivered and recorded within 730 days from the date shown in Schedule A, the policy will be issued as of the date of recording the instrument, insuring the estate or interest subject only to the aforesaid exceptions and provisions of the policy and to liens, encumbrances, and any other matters affecting title which shall have intervened, or occurred, or become for the first time disclosed of record between the date shown in Schedule A and the date of recording the instrument, including those matters affecting title which may attach as a result of the recording. This Binder is null and void 730 days from the date shown in Schedule A or when the policy is issued, whichever shall first happen. In Witness Whereof, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as of the date of policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory. CHICAGO TITLE INSURANCE COMPANY Issued by: By: OF KITSAP COUNTY, INC. 400 Warren Avenue Bremerton, Washington 98310 (206) 377- 01sa By: Secretory Box 6: Box 7: Box 9:270 Box 15:$0.00 LAND TITLE COMPANY OF KITSAP COUNTY BINDER SCHEDULE A Office File No. Policy Number Date of Policy Amt. of Ins. Premium: E-77218-7 48 0025 JUNE 30, 1992 $890,000.00 $2,398.00 13 000008 at 4:33 p.m. Type of policy to be issued: American Land Title Association Owner's Policy (06/04/90) Standard 1. Name of party in whose favor an estate or interest is to be created: CITY OF BREMERTON, a Washington Municipal Corporation 2. The estate or interest in the land which is covered by this binder is: A fee 3. Title to the estate or interest in the land is vested in: THE NAMED INSURED 4. The land referred to in this binder is described as follows: THE LEGAL DESCRIPTION IS ATTACHED ON EXHIBIT 'A' AND BECOMES A PART HEREOF. SCHEDULE A Interim Binder Form A SCHEDULE B E-772~18-7 In addition to the Exceptions shown below, the policy of title insurance to be issued under the terms of this binder does not cover, and the policy will not insure against loss or damage, nor against costs, attorneys' fees or expenses, by reason of the matters set forth on the inside pages of this binder under the Schedule of Exclusions from Coverage and the Standard Exceptions for the policy fore to be issued. EXCEPTIONS: 1. Easement, including its terms, covenants and provisions as disclosed by instrument; Recorded: JULY 11, 1961 Recording No: 751244 For: ingress and egress Affects: portion of Parcel I 2. Easement, including its terms, covenants and provisions as disclosed by instrument; Recorded: AUGUST 30, 1947 Recording No: 453870 For: drainage pipe and maintenance thereof Affects: Parcel II 3. Reservation for portion of exesring building upon Northwesterly 6 feet of Parcel I, as desclosed by Auditor's File No. 453870. 4. Terms and conditions contained in document recorded under Auditor's File No. 453870; see copy attached. (Affects Parcel II) 5. Agreement, including its terms, covenants and provisions; Between: William H. Ford and Esther E. Ford, husband and wife, and Anna 3ane Ford, a widow; AND Bremerton Terminal Company, a corporation Recorded: AUGUST 30, 1947 Recording No.: 453869 (See copy attached) 6. Easement, including its terms, covenants and provisions as disclosed by instrument; Recorded: APRIL 6, 1973 Recording No.: 1043334 For: sanitary sewer Affects: portion of Parcel III 7. Easement, including its terms, covenants and provisions as disclosed by instrument; Recorded: APRIL 6, 1973 Recording No.: 1043335 For: sanitary sewer Affects: portion of Parcel II 8. Easement, including its terms, covenants and provisions as disclosed by instrument; Recorded: JULY 26, 1945 Recording No: 411027 For: ingress and egress Affects: portion of Parcel III and other property 9. Easement, including its terms, covenants and provisions as disclosed by instrument; Dated: OCTOBER 8, 1973 Recorded: OCTOBER 11, 1973 Recording No: 1057784 For: access Affects: portion of Parcel I 10. Covenants, conditions and restrictions contained in the following instrument; Recorded: NOVEMBER 13, 1915 Recording No.: 79563 As follows: See copy attached Affects Parcels II and III 11. Easement affecting a portion of said premises and for the purposes hereinafter stated, as granted by instrument recorded on FEBRUARY 19, 1946, in the office of the recording officer of Kitsap County, Washington, under recording number 421859; In favor of: PUGET SOUND POWER AND LIGHT COMPANY For: Underground and/or overhead transmission and electric lines and appurtenances thereto; Affects: Parcel I 12. Easement, including its terms, covenants and provisions as disclosed by instrument; Dated: JANUARY 3, 1989 Recorded: JANUARY 11, 1989 Recording No.: 8901110046 In Favor of: City of Bremerton For: utility Affects: portion of said premises 13. Covenants, conditions and restrictions contained in the following instrument; Recording No.: 411025 As follows: See copy attached 14. Easement, including its terms, covenants and provisions as disclosed by instrument; Dated: AUGUST 18, 1947 Recorded: AUGUST 30, 1947 Recording No: 453871 For: access Affects: Portions of Parcels I and III 15. Agreement, including its terms, covenants and provisions; Recorded: NOVEMBER 6, 1986 Recording No.: 8611060096 (See copy attached) 16. Any prohibition or limitation on the use, occupancy or improvements of the land resulting from the rights of the public or riparian owners to use any waters which may cover the land or to use any portion of the land which is now or may formerly have been covered by water, and the right of use, control or regulation by the United States of America in exercise of power over navigation. 17. Agreement, including its terms, covenants and provisions; Recorded: MAY 31, 1991 Recording No.: 9105310209 For: addendum no. 2 for easement (See copy attached) 18. Easement, including its terms, covenants and provisions as disclosed by instrument; Dated: MAY 28, 1991 Recorded: MAY 31, 1991 Recording No: 9105310209 For: access Affects: portion of said premises 19, Encroachment by existing buildings and possible rights of possession of adjoining owners, as disclosed by Survey recorded under Auditor's File No. 8811180065. See copy attached. SC/bt END SPECIAL EXCEPTIONS EXHIBIT 'A' DESCRIPTION: Order No.: E-77218-7 PARCEL I: That portion of Government Lot ~, Section 13 and that portion of Government Lot 1, Section 24, and tidelands adjoining, all in Township 24 North, Range 1 East, W.M., in Kitsap County, Washington, described as follows: Beginning at the most Southerly corner of Lot 1, Block 2, Town of Bremerton, as per plat recorded in Volume 2 of Plats, Page 30, records of Kitsap County, Washington; thence South 45°20'30'' East along the Northeasterly margin of 1st Street (Front Street) in said plat a distance of 14.18 feet to the most Southerly corner of an alley delineated on Block 2 on said plat; thence North 35°37'10'' East 60.00 feet along said delineated alley to the True Point of Beginning, which is also called Point "A" for reference purposes; thence South 45°20'30'' East parallel to the Northeasterly margin of 1st Street (Front Street) to an intersection with the inner Harbor line delineated on 1958 Supplemental map of the Bremerton Tidelands, on File in the office of the Commissioner of Public Lands, Olympia, Washington; thence Northeasterly along said inner Harbor line to the Southwesterly margin of 2nd Street as delineated on said Supplemental map; thence Northwesterly along said margin to a point on the most Easterly corner of the alley delineated on Block 2 in plat of Town of Bremerton; thence South 35°37'10" West along said alley 247.21 feet to the True Point of Beginning; EXCEPT that portion described as follows: Beginning at Point "A" heretofore described; thence South 45°20'30'' East parallel to the Northeasterly margin of 1st Street 34.02 feet to the True Point of Beginning of this exception; thence North 45°29'10" East 14.17 feet; thence North 35°]6'30'' East 5.90 feet to the Southwest corner of an existing brick building; thence South 45r20'30'' East along the Southeasterly wall thereof 129 feet; thence South 41°53'20'' West 20 feet, more or less, to the Southwest boundary of the main tract heretofore described; thence North 45°20'30'' West 129.41 feet, more or less, to the True Point of Beginning. PARCEL II: Beginning at a point on the Northeasterly line of Front Street, also known as First Street, Bremerton, Washington, which is South 45°20'30'' East a distance of 14.18 feet from the Southeast corner of Lot 1, Block 2, Original Plat of the Town of Bremerton, as per plat recorded in Volume 2 of Plats, Page ]0, records of Kitsap County, Washington; thence North 35°37'10'' East for a distance of 60 feet; thence South 45°20'30" East for a distance of 163.43 Feet to the True Point of Beginning; thence South 45°20'30'' East 45 feet; thence South 41°53'20'' West 59.39 Feet, more or less, to the Northeasterly line of said Front Street (First Street); thence Northwesterly along the Northeasterly line of Front Street (First Street) 45 feet; thence North 41°53'20'' East 59.39 feet, more or less, to the True Point of Beginning. PARCEL III: That portion of Government Lot 1, Section 24, Township 24 North, Range 1 East, W.M., and of the tidelands adjofning , in Kitsap County, Washington, described as Follows: Beginning at most Southerly corner of Lot 1, Block 2, Town of Bremerton, according to plat recorded in Volume 2 of Plats, Page ]0, records of EXHIBIT 'A' DESCRIPTION: Order No.: E-77218-7 Kitsap County, Washington; thence South 45°20'30'' East along the Northeasterly line of First Street (Front Street) 14.18 feet to the True Point of Beginning; thence North 35°37'10'' East 60 Feet; thence South 45°20'30'' East 34.02 feet; thence Southwesterly to a point on the Northeasterly line of First Street which is South 45°20'30'' East 23.69 feet from the True Point of Beginning; thence North 45°20'30" West 23. 69 feet to the True Point of Beginning. PARCEL IV: That portion of the tidelands and uplands fronting the Plat of the Town of Bremerton as recorded in Volume 2, Page 30 of Plats, Kitsap County, Washington; More particularly described as follows: All tidelands between the oringinal line of mean high water and the inner harbor line as established by the Washington State Commissioner of Public Lands that lies within the Easterly extension of the right of way of 2nd Street; EXCEPT that portion of 2nd Street dedicated for street purposes on said plat of the Town of Bremerton. Submit to County Treasurer of the This Iorm is your receipt when stamped countylnwhichprope,yi.~oc.to,. REAL ESTATE EXCISE TAX by cashier. Pay by cash or ce~Dtied CHAPTER 82.46 RCW check to County Treasurer. PLEASE TYPE OR PRINT CHAPTER 458-61 WAC THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLEBE ITEbI~ (~ THROUO~I (~ ARE FULLY COMPLETED  i The State of Washington, StateI Nam. City of Bremerton Nam. Board for Community College I Educ~b~i: y []~lXHl[H][Z~[l[a~Ht[ Collects Dist. r~ct 3, Olympic Colleg'= Education Division ~,~ s.res. 239 4th Street ..... Street 900 -- Fourth Avenue, 92000 city Bremerton ststeWA, z¥ 98310 c,¥ Seattle state WA. Z~p 98164-X~X, (~) NEW OWNER'S Name Same as Grantee above ALL TAX PARCEL NUMBERS 1012 PER.^.ENT ACDRESS 242401--2--001--2004 FOR ALL PROPERTY Street TAX aLL^TED 242401--2--005--2000 CORRESPONDENCE City/State Zip 242401-2-010-2003 <~) [,'~ v 3~ Cud,~ ~ 0010 LEGAL DESCRIPTION OF PROPERTY SITUATED IN UNINCORPORATED .~.-I~.~q~)--COUNTY [--] OR IN CITY OF See attached description, Exhibit "A", made a part hereof by this reference. Is this property currently: YES NO (~) Description of personal property if included in aais (furniture, ap- Classified or designated as forest land? Chapter 84.33 RCW [] [] pliancea, etc.) Classified as current use land (open space, [] [] farm and agricultural, or timber)? Chapter 84.34 RCW If exemption cleimed, explain Excise tax exempt Exempt from property tax under nonprofit [] [] pursuant to RCW 82.45.010 & organizations Chapter 84.38 RCW? WAC 458-61-420 Receiving special valuefion as historic [] [] ~ ..... ~...; St_=tutcry property under Chapter 84.26 RCW? Type of Document Warranty Deed Type Property: [] land only [] tandwith new building. Date of Document. [] land with previously [] land with mobile home Gross Sale Price 1/ $ --O-- used building Personal Property (deduct) 2/ $ -- 0 SEE TAX OBLIGATIONS ON REVERSE SIDE Taxable Sale Price $ -- 0 -- Excise Tax: State $ --O-- (fi NOTICE OF CONTINUANCE (RCW) 84.33 or RCW 84.34) ? If the new owner(e) of land that ia classified or designated as current use or forest Local 3/ $ --O-- land wish(es) to continue the classification or designation of such land, the new Delinquent Interest: 4/State $ --O-- owner(s) must sign below. If the new owner(s) do(es) not desire to continue such classification or designation, al~ compensating or additional tax calculated pursuant Local $ --O-- to RCW 84.33.120 and 140 or RCW 84.34.108 shall be due and payable by the seller Delinquent Penalty: 4 / State $ -- 0 -- or transferor at the time of sale. The county assessor must determine if the land transferred qualifies to continue classification or designation and must so indicate Total Due $ --O-- below. Signatures do not necessarily mean the land will remain in classification or designation. If it no longer qualifies, it will be removed and the compensating taxes (SEE I-5 ON REVERSE SIDE) will be applied. All new owners must sign. This land [] does [] does not qualify (~ AFFIDAVIT forcontinuance. DEPUTY ASSESSOR I CERTIFY UNDER--R JURY UNDER THE LAWS OF THE STATE OF AT THE FOREGOING IS TRUE (3) NOTICE OF COMPLIANCE (Chapter 84.26 RCW) SIGNATUR~ ,~- If the new owner(s) of property with special valuation as historic property wish(s) to continue this special valuation the new owner(s) must sign below. If NAME (print) Ian.. . Sievers, the new owner(s) do(es) not desire to continue such special valuation, all addi- tional tax calculated pursuant to Chapter 84.26 RCW, shall be due and payable DATE & PLACE ~:~I~G~_On City Attorney by the seller or transferor at the time of sale. ~~ ~' SPECIFY (circle): {Irantor/grante~grantee's agent (3) OWNER(S) SIGNATURE Addres of reaiden e or pi e f bus' s person signing (specify): ~remer~on a~ :Lg~ y 239 Fourth Street Bremerton, WA. 98310 The following optional questions are requested by RCW 82.45. f 20 Is property at the time of sale: YES NO YES NO e. Does conveyance involve a trade, partial interest corporate affiliates, related parties, 1 [] 2 [] a. Subject to elderly, disability, or physical improvement 1 [] 2 [] trust, receivership or an estate? exemption? f. Is the grante~ acting as a nominee for a third 1 [] 2 [] b Does building, if any, have a heat pump or solar 1[] 2[-] party? heating or cooling system? g. Principaluae: c. Doesthisconveyancedivideacurrentparcelofland? t[] 2[] I [] agricultural 2 [] condominium 3 [] recreational d. Does sa{e include current crop or merchantable 1[] 2 [] 4 [] apt (4+ units) 5 [] industrial 6 [] residential timber? 7 [] commercial 8 [] mobile home 9 [] timber FOR TREASURER'S USE ONLY ~o,. a~v ~.ooo, ~ <7~s~) -,,~s* COUNTY TREASURER ~nlBIT "A" Roosevelt Field: That portion of Lots 1, 2, 3, 8, 9 and 10, Tract 5, and Lots 4, 5, 6 and 7, Tract 6, Warren Smith's acre Tracts, according to plat recorded in Volume 2 of Plats, Page 51, records of Kitsap County, Washington, being bounded on the West side by the East margin of Chester Avenue; on the East side by the West margin of Warren Avenue; on the North side by the South margin of 18th Street; and on the South side by the North margin of 16th Street, as disclosed by City of Bremerton Resolution No. 684 for "Roosevelt Field", as recorded under Auditor's File No. 484339; TOGETHER WITH that portion of vacated 17th Street that attached by operation of law by City of Bremerton Ordinance No. 1091. G\5042LL AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: January ORIGINATING DEPT: Attorney Settlement Agreement on Compensation ORIGINATOR: Ian R. Siev~.~ in Roosevelt Field Condemnation Bremerton City Attorney DATE SUBMITTED: January 9, 1992 Z. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS: Proposed Agreement Roosevelt Capital Assets Fund, BMC 3.23 Appraisals for Roosevelt Field & Bremerton Lumber Site on file in Council Office. 4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION: The settlement is essentially the same as that approved as an offer of settlement by the City Council in April of 1991, with the following exceptions: (1) Recitals that the exchange was a settlement in lieu of condemnation have been replaced with the recital that the exchange is now in settlement of compensation to be paid pursuant to Court Order authorizing condemnation, issued November 26, 1991; (2) Paragraph 5 of the Exchange Agreement has been renegotiated to provide reciprocal indemnity by the College and the City on the two sites exchanged for any costs of hazardous waste abatement which might arise in the future; and (3) Escrow instructions have been modified to make Olympic College rather than the Bremer Trust the immediate transferor of the Bremerton Lumber site. 8. RECOMMENDATION: Approve Settlement Agreement in State of Washinqton, et. al. v. City of Bremerton, et. al., Kitsap County Superior Court Cause No. 91-2-01664-1. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPII~ATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED [] TABLED [] APPRO~[SAPPROVED [] AMENDED [] DATE: JAN COUNCIL DIRECTIVE: ]2~%~ ~-k~- AGENDA SILL NO.: (OVER) 2, CLEAI~,NCES COI~ENTS~ 5. IMPACT OF NON-PASS~= Would continue litigation to determine compensation to be paid for Roosevelt Field by Olympic College. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EOUIPMENT OR OTHER RESOURC~n: Agreement calls for delay in delivery of possession ok Roosevelt Field until August, 1992. The City retains the right to all equipment and improvements, but these must be removed by August. Roosevelt Capital Assets Fund will be funded from income and proceeds from sale of Lumber Yard site. 7. RESEARCH~O~= (Real Estate Agreement With Earnest Money Provision) Roosevelt Field Bremerton, Washington for Bremerton Lumber Site JanuaryS/ , 1992 This Real Estate Exchange Agreement is made and entered into by and among: 1. The CITY OF BR~NERTOH, a Washington municipal corporation (the "City"); 2. The ~OHNBREMERi%I~D EDW~%RD BREI~ER CONSOLIDATED TRUST, c/o Michael D. Connolly, Trustee, P.O. Box 826, Bremerton, WA ("Bremers"); and 3. The STATE OF WASHINGTOn, State Board for Community College Education on behalf of Community College District 3, OLYMPIC COLLEGE ("Olympic College"). BACKGROUND A. Need for Land. Olympic College needs to acquire additional land adjacent to its campus at 16th and Chester in Bremerton, Washington for student parking and other educational uses, and has been allocated $465,000 in appropriated state of Washington funds to do so; B. (1) Roosevelt Field - Adjacent to Olympic Colleqe The City owns certain real property adjacent to Olympic College, which generally is known as "Roosevelt Field", the description of which is attached hereto as Exhibit "A" and incorporated herein by this reference. (2) Condemnation; Exchanqe to Provide Fair Compensation. The state of Washington, for the benefit of Olympic College, has brought an eminent domain action against the City to condemn Roosevelt Field; and a Decree of public use and necessity has been entered in favor of Olympic College; the parties desire to provide payment of fair compensation to the City for Roosevelt Field by the means of this agreement. C. Bremerton Lumber Site for Sale. Bremers owns waterfront property in downtown Bremerton, which is generally known as the "Bremerton Lumber Site," and which is currently utilized as a public "for-fee" parking facility. Bremers has listed the Bremerton Lumber Site for sale at $890,000 with Cushman/Wakefield, Inc. as "Broker." The description'of the Bremerton Lumber Site is G\5041LL attached hereto as Exhibit "B" and incorporated herein by this reference. D. Bremers/Pavment to U.S. Bank. Bremers is a charitable trust whose sole beneficiary is Olympic College; by contract Bremers also manages certain properties in downtown Bremerton for Olympic College which Bremers had previously conveyed to WINMAR Corporation ("WINMAR") and which were subsequently gifted by WINMAR to Olympic College. By covenant with Bremers' lender, U.S. Bank of Washington ("U.S. Bank"), Bremers agreed in 1985 that the Bremerton Lumber Site would not be conveyed to others, except upon payment of $400,000 cash in reduction of Bremers' debt to U.S. Bank. E. Exchanqe of Roosevelt Field for Bremerton Lumber Site. (1) Bremers will convey the Bremerton Lumber Site to Olympic College in consideration of the following: (a) Olympic College shall pay to Bremers the sum of $465,000 cash at closing, which shall be disbursed out of escrow at closing as follows: $400,000 in reduction of the Bremers' U.S. Bank debt, $53,400 as real estate commission to Bremers' Broker due on Bremers' disposition of the Bremerton Lumber Site, together with the related closing costs on the transaction; and (b) Olympic College shall also satisfy the other duties undertaken by Olympic College for the benefit of Bremers in that certain separate Property Exchange Agreement of January , 1992. (2) The City will, simultaneously at closing, transfer Roosevelt Field to Olympic College in exchange for Olympic College's transfer at closing of the Bremerton Lumber Site to the City. F. Possession to Transfer Later. The City desires to retain possession of Roosevelt Field until August 1, 1992, to permit time for the City to replace the softball and other community recreation facilities now in use at Roosevelt Field. Thus possession of both properties is to transfer to the respective grantees at such later date after closing as the City decides, but, in any case, on or before August 1, 1992. G. Condemnation of Roosevelt Field bv Olympic College. Given: (i) the powers of eminent domain held by the state of Washington on behalf of Olympic College; (ii) the recent decision by the state of Washington, State Board for Community college Education to exercise its power to condemn Roosevelt Field on behalf of Olympic College by bringing legal action against the City; (iii) the decision by the-Kitsap County Superior Court, G\5041LL 2 holding that the state of Washington, acting on behalf of Olympic College, has satisfied the standards of public use and necessity as to its need and right to acquire Roosevelt Field from the City by right of eminent domain; (iv) the city must convey Roosevelt Field to Olympic College upon payment of just compensation therefor as to be determined by trial later; (v) the parties desire to resolve all remaining issues in the Roosevelt Field condemnation action bythis agreement upon the court's approval hereof. NOW, THEREFORE, it is agreed as follows: 1. Exchanae Agreement. 1.1 At closing Bremers hereby conveys the Bremerton Lumber Site to Olympic College, the City hereby conveys and transfers Roosevelt Field to Olympic College and Olympic College simultaneously hereby conveys and transfers the Bremerton Lumber Site to the City, all on the terms and conditions below. 1.2.1 Effective Date of Exchange Agreement. This Exchange Agreement shall become effective and binding on all parties immediately upon the acceptance by all parties as signified by the signature of the appropriate officer of each party being affixed hereto or to a true counterpart of this Exchange Agreement. The Escrow Holder is expressly authorized to attach counterpart signature pages to the original of this Exchange Agreement to comprise one single agreement. 1.2.2 Closing Place and Date. Closing of this Exchange Agreement shall occur at the offices of the Escrow Holder, Land Title Company of Kitsap County, 400 Warren Avenue, Bremerton, WA 98310, at a date and time agreed between the parties; but not later than April 1, 1992. 1.3 Procedures to Close. 1.3.1 Requirements of Bremers. Bremers shall deposit in escrow with Escrow ~older: (a) a Statutory Warranty Deed conveying to Olympic College the Bremerton Lumber Site as more particularly described in Exhibit "B" hereto, with title qualified only as expressly provided herein; the grantee of the Bremers' Deed shall be identified as: "State of Washington, State Board for Community College Education on behalf of the Community College district No. 3, Olympic College"; (b) a receipt for $400,000 cash from U.S. Bank of Washington conditioned upon closing being completed and Olympic College's payment to U.S. Bank of Washington of $400,000 cash in satisfaction of the Bremers debt retirement covenant referenced in paragraph D above; and (c) Bremers shall cause to be delivered forthwith thereafter for recording the Full G\5041LL 3 Reconveyance of any Deed of %~rust, security interest or other interest held by U.S. Bank in the Bremerton Lumber Site. 1.3.2 ' Co e. Olympic College shall deposit in escrow with Escrow Holder: (a) a Statutory Warranty Deed conveying to the City the Bremerton Lumber Site as more particularly described in Exhibit "B" hereto, with title qualified only as expressly provided herein; the grantee shall be: "The City of Bremerton, a Washington municipal corporation"; (b) a preliminary commitment for title insurance with respect to the Bremerton Lumber Site insuring title as provided in paragraph 6 below, in standard form, issued by Land Title Company of Kitsap County; (c) the sum of $465,000 cash, to be disbursed as follows: $400,000 to U.S. Bank for the account of Bremers, in reduction of the debt retirement covenant referenced in paragraph D above, respecting the Bremerton Lumber Site; $53,400 to the Broker on the Bremerton Lumber Site only; the premium for the title insurance policy to be issued to the City of Bremerton on the Bremerton Lumber Site; escrow costs and other selling or closing costs by custom attributable to a Seller; and (d) a fully signed original of the Olympic College - Bremers Property Exchange Agreement of January , 1992 with any signed documents needed to comply therewith. If the total cash required of Olympic College to close shall exceed $465,180.00, the total appropriated funds, then Bremers shall fund the difference to close. 1.3.3 The City of Bremerton. The City shall deposit in escrow with Escrow Holder: (a) a Statutory Warranty Deed conveying Roosevelt Field to Olympic College, with title qualified only as expressly provided herein; the grantee shall be "State of Washington, State Board for Community College Education on Behalf of the Community College District NO. 3, Olympic College"; (b) a preliminary Commitment for Title Insurance in compliance with the provisions of this Agreement, covering Roosevelt Field, in standard form issued by Ticor Title Company; (c) a sum sufficient to pay the premium for the issuance of the title insurance policy covering Roosevelt Field valued at $890,000.00; (d) the City's share of escrow charges and closing costs. 1.3.4 Closin~ Costs. In addition to those items expressly enumerated above, Olympic College and the City shall each pay one-half of the escrow charges of Escrow Holder applicable to this Exchange Agreement and shall each deposit a sum sufficient to pay recording fees for the respective deed under which such party is grantee. In any case, if the total cash required of Olympic College to close shall exceed $465,180.00, the total appropriated funds, then Bremers shall fund the difference to close. This Exchange Agreement shall not be recorded. G\5041LL 4 1.3.5 NO 'se a . Under the provisions of R.C.W. 82.45.010 and WAC 458~61--420, no real estate excise tax will be payable on the transfer(s) of either the Bremerton Lumber Site, or Roosevelt Field, inasmuch as the grantor(s) or grantee(s) on each transaction are qualifying government agencies entitled to exemption from real estate excise tax. 1.3.6 Closing. At closing, upon receipt of all required funds and documents, Escrow Holder shall proceed by delivering: (a) the $400,000 payment to U.S. Bank; (b) the receipt to Olympic College for the $400,000 payment to U.S. Bank; (c) the payment of title insurance premiums~ (d) the payment of the Broker's commission; (e) copies of this signed Exchange Agreement to the parties; (f) for immediate conveyance and recording, the respective Statutory Warranty Deeds required under paragraphs 1.3.1(a), 1.3.2(a) and 1.3.3(a) above~ and (g) all other deeds or acts required to close. Ail acts required to be performed at closing shall be deemed to occur simultaneously. 2. Delivery of Possession. 2.1 Use of Roosevelt Field for Park Purmose~. The parties acknowledge that Olympic College has an urgent need for the use of Roosevelt Field; however, it is expressly agreed that possession of Roosevelt Field shall not transfer to Olympic College until a date selected by the City, but not later than August 1, 1992, in order to facilitate the provision by the City of alternative softball fields and other recreation and park facilities to supplant and replace those historically provided by the City for the members of the community at Roosevelt Field. Upon sixty (60) business days~ notice from City to Bremers and Olympic College possession shall transfer. Before the date set for transfer of possession, City may remove any equipment, fixtures, structures or other improvements from Roosevelt Field, but shall not be liable for removal. Any improvements left by the City at Roosevelt Field shall be the sole property of Olympic College. 2.2 Bremerton Lumber Site. The parties acknowledge that the Bremerton Lumber Site is currently utilized for commercial public parking by Bremers. Until the date specified by the City under paragraph 2.1 for delivery of possession of Roosevelt Field to Olympic College, Bremers shall continue in possession of the Bremerton Lumber Site and shall operate the commercial parking facilities at Bremerton Lumber Site, exclusive of any claims to possession or to rents and profits by the City. Except as qualified by ~2.5.2, all receipts from such commercial undertaking, through the date of delivery of possession of Roosevelt Field to Olympic College, shall be solely for the account of Bremers. Forthwith, upon notice by the City of the date for delivery of G\5041LL 5 possession Bremers and Olympic College shall, simultaneously with the delivery of possession of Roosevelt Field to Olympic College, deliver possession of the Bremerton Lumber Site to the City. 2.3 Time is of the Essence. TIME IH OF THE ESSENCE OF THIS A~RZRMENT. Each party undertakes promptly to perform its duties hereunder and Escrow Holder undertakes promptly upon closing to deliver and cause to be recorded the respective deeds to Roosevelt Field and Bremerton Lumber Site. 2.4 Indemnification ThrouGh Date for Possession. 2.4.1 AS to Claims from Possession. Notwithstanding the execution and closing of this Exchange Agreement, use and possession of Roosevelt Field and of Bremerton Lumber Site shall not transfer to the respective grantees until the date provided by the City under paragraph 2.1 above, but not later than August 1, 1992. Until the transfer of possession, Bremers (as to Bremerton Lumber Site), and the City (as to Roosevelt Field), shall remain solely responsible for the use of and operation of the facilities at each respective site and each shall indemnify and hold harmless the other from and with respect to any claims, conditions, actions or omissions relating to or arising out of the state of facts in existence through the delivery of possession at the respective sites. Such indemnification shall include the defense of any such claims accruing prior to the transfer of possession to the respective grantees. 2.5 Proration and Continuing Arrangements. 2.5.1 As to Roosevelt Field. To the extent not incompatible with future educational uses of the site, Olympic College will in good faith honor the existing parking arrangement between the City and the organization called the Sons of Norway, with respect to Roosevelt Field. Prior to closing, the City shall deliver to Olympic College for recording upon closing and for approval as to form, a nonexclusive reciprocal parking easement incorporating such parking arrangement with the Sons of Norway respecting Roosevelt Field, and acknowledging the rights in Olympic College eventually to use the site for educational purposes. The City represents and warrants to Olympic College that there are no other continuing relationships affecting the use and quiet enjoyment of Roosevelt Field; so that at delivery of possession, Olympic College shall have the exclusive right to the free use and enjoyment of Roosevelt Field. 2.5.2 As to Bremerton Lumber Sit,. Prior to delivery of possession of the Bremerton Lumber Site, Bremers shall deliver to the City an accounting of any periodic parking rental arrangements affecting Bremerton Lumber Site as of the time of delivery of possession, together wLth a proration through the date G\5041LL 6 of delivery of possession, netting all revenues for parking against any costs of a periodic nature not yet accrued, including, without limitation, any applicable real estate taxes or insurance. Any deficiency in prorations shall be adjusted forthwith between the parties. 3. ~_~. Bremers hereby deposits with Escrow Holder its Promissory Note payable to the City for the account of Olympic College at closing, in the sum of $25,000.00, delivered as earnest money. At closing, Olympic College and Bremers shall each pay the respective sums required of them in ~1.3.2 and 1.3.4 and the Bremers Earnest Money Note shall b e returned to Bremers marked "Canceled." If for any reason other than the fault of Bremers or Olympic College this exchange transaction does not close, the Note shall be returned to Bremers. If the transaction does not close due to the fault of either Bremers or Olympic College, the party at fault shall deposit in escrow the sum of $25,000 in exchange for the Note and the Escrow Holder shall first disburse funds for the reasonable charges incurred, including escrow fees and title insurance cancellation charges, and disburse the balance to the City as liquidated damages. 4. Default and Termination. Once this Exchange Agreement becomes effective as provided in paragraph 1.2.1 above, if thereafter any party shall fail to perform the acts required of it by this Exchange Agreement, the parties agree that the nondefaulting party (or parties) at its sole election may obtain in Kitsa9 County Superior Court: (a) a decree of specific performance of the terms of this Exchange Agreement; (b) relief for damages for nonperformance by the defaulting party; (c) rescission and termination of this Exchange Agreement; or (d) court determination of fair compensation under Kitsap County Superior Court,s Order of Public Use and Necessity issued in Cause No. 91-2-01664-1. In such a case any earnest money remaining on deposit with Escrow Holder shall be applied first to satisfy any obligation incurred through Escrow Holder, such as escrow fees, title insurance cancellation charges, or otherwise, with the balance of such earnest money being returned to Bremers without prejudice to any party,s claims for damages or other relief. 5. Inspection of ProDertv - AS IS. 5.1 Mutual. Independent InsDectiom. Each party represents and warrants to the other that it has completed, prior to the effective date of this Agreement, to its complete satisfaction, all appropriate inspection of the respective real properties - Roosevelt Field and Bremerton Lumber Site - and accepts the same, AS IS, with all defects, subject to the indemnity as to hazardous waste provided in 75.4 below. G\5041LL 7 5.2 No Warranties as to Suitability. No party makes any representation, covenant or warranty with respect to the condition of either Roosevelt Field or Bremerton Lumber Site, nor of any improvement to the premises of either site, nor as to the suitability for or conformity of the premises of either site to any past or desired present or future land use, or to any building code, zoning or other shoreline, environmental, health, safety or other regulatory concern relative to past use, present use or future and intended use by any party or others. 5.3 Mutual Notice of No Known Hazardous Waste. The City hereby notifies and informs Olympic College that the City knows of no release of any significant quantity of any hazardous substance which may have occurred at Roosevelt Field. Bremers hereby notifies and informs Olympic College and the City that Bremers knows of no release of any significant quantity of any hazardous substance which may have occurred at the Bremerton Lumber Site. 5.4 Indemnity for Hazardous Waste. 5.4.1 Olympic College, as to the Bremerton Lumber Site and the City as to Roosevelt Field (respectively referred to hereafter as "Transferor"), shall each indemnify and hold harmless the respective Transferee thereof, from and against any and all claims, demands, damages, losses, liens, liabilities, penalties, fines, lawsuits and other proceedings and costs and expenses (including attorney's fees and disbursements) which accrue to or are incurred by the Transferee on or after conveyance of the property which arise directly or indirectly from or out of: (a) any activities on the property prior to the transfer of possession thereof pursuant to this Agreement which have directly or indirectly resulted in the property becoming contaminated with hazardous substances; (b) the discovery of hazardous substances on the property; and (c) the cleanup of hazardous substances on the property. As used herein, "hazardous substances,, means: Any substance, waste or material defined or designated as hazardous, toxic or dangerous by any federal, state or local statute, regulation or ordinance presently in effect, including, but not limited to, the statutes listed below: Federal Resource Conservation and Recovery Act of 1976, 42 U.S.C. S6901, et seq. Federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.$.C. §9601 e_~t sea. Federal Hazardous Materials Transportation Control Act, 49 U.S.C. ~1~01, e_~t seq. G\5041LL 8 Federal Clean Air Act, 42 U.S.C. S 7401, e_~t seq. Federal Water Pollution Control Act, Federal Clean Water Act of 1977, 33 U.S.C. 91251 e~t seq. Federal Insecticide, Fungicide, and Rodenticide Act, Federal Pesticide Act of 1978, 7 U.S.C. S136, et seq. Federal Toxic Substances Control Act, 15 U.S.C. §2601 et seq. Federal Safe Drinking Water Act, 42 U.S.C. ~300f e_~t seq. Washington Water Pollution Control Act, R.C.W. ch. 90.48. Washington Clean Air Act, R.C.W. Ch. 70.94. Washington Solid Waste Management-Recovery and Recycling Act, R.C.W. Ch. 70.95. Washington Hazardous Waste Management Act, R.C.W. Ch. 70.105. Washington Hazardous Waste Fees Act, R.C.W. Ch. 70.105(A). Washington Model Toxics Control Act, Initiative 97, 1989 Laws Ch. 2, R.C.W. Ch. 70.105(D). Washington Nuclear Energy and Radiation Act, R.C.W. Ch. 70.98. Washington Radioactive Waste Storage and Transportation Act, R.C.W. Ch. 70.99. 5.4.2 The respective Transferee shall transmit to its Transferor any statutory or common law claim or suit brought by private parties or state or federal regulatory agencies giving rise to indemnity under this subparagraph. Transferor shall have the right to negotiate a settlement or defend such suit, claim or government remedial order or directive. If remedial action is agreed to by Transferor in settlement or ordered by a court or governmental agency, Transferor shall be granted reasonable access to the site to supervise remedial actions. Such actions shall be performed in reasonable manner sO as to minimize disruption of G\5041LL 9 Transferee's uses of the site. Once the hazardous substances have been dealt with to the satisfaction of the complaining government agency, the site shall be restored by the Transferor to the condition immediately prior to undertaking remedial action; provided, the Transferor may pay the fair market value of improvements in lieu of reconstruction. 6. Title. Title to the respective parcels, Roosevelt Field and Bremerton Lumber Site, shall be subject only to such rights, reservations, covenants, conditions, restrictions, liens or encumbrances as expressly set forth in the Preliminary Commitments for Title Insurance referenced in Section 1 above and subject to rights reserved in federal patents or state deeds, building or use restrictions, utility easements, reserved oil and/or mineral rights, exceptions for easements and encumbrances of record. 7. Broker Commission. The parties acknowledge that the only broker involved in any part of this transaction is Bremers' broker who has a right to a single, six percent (6%) commission on the value stated above of the Bremerton Lumber Site, which commission shall be paid out of escrow funds at closing. The City shall indemnify and hold harmless Bremers and Olympic College from any claim derivative of any other broker, finder or other agency arrangement claiming to involve the City, if any. 8. General. 8.1 Titles. Titles to paragraphs in this Exchange Agreement are for the parties' convenience, but are not to be considered as part of the operative, binding language of this Exchange Agreement. 8.2 Notice. Notice required or authorized to be given under the terms of this Exchange Agreement shall be given to the parties sought to be notified at the address provided on the attached Schedule 1 or at such other address as provided by notice. Notice shall be deemed effective when delivered, in person, or on the third day after having been mailed, postage prepaid, certified, to the respective address. 8.3 Modifications. This Agreement is the complete understanding and agreement of the parties relative to the real estate exchange to be effected hereby. There are no other verbal or other agreements, understandings, or contracts which modify or affect this Real Estate Exchange Agreement. This Exchange Agreement may only be amended or modified by a writing signed by all parties. 8.4 Certification of Authority. Each person signing this Agreement or a counterpart hereof certifies her or his respective authority duly granted by the appropriate constituency. G\5041LL 10 8.5 Further Cooperation. The parties acknowledge that additional documents may be required fully to implement the intent and agreement of the parties in this Exchange Agreement and each covenants with the other fully to cooperate in providing such additional documents and taking such other reasonable measures as may be required fully to execute and implement this Exchange Agreement. 8.6 Covenants Survive Closi~q. All representations, covenants and warranties shall be deemed to survive closing of this transaction as fully as if repeated and reaffirmed immediately thereafter. 9. Time for Acceptance. An executed original or duplicate original delivered to a party shall constitute an offer. Any offer shall expire within twenty-one (21) days if not accepted by all parties. CI~¥~REMERTON. LOUIS MENTOR, ~ayor ATTEST: KATHLEEN .~L~dCL~u~S~EY, Cl~k V~AS TO FORM: IAN ~. SIEVERS, City Attorney JOHN BREMER A~-~DWARD BREMER BY: APPROVED AS TO FO~: G. PEKIN W~, 013 G\5041LL 11 STATE OF WASHINGTON - OLYMPIC COLLEGE BETraY E~GE~, Chair~ Board of Trustees WALLACE SlMI~SON, Secretary BRENDA L I TTLF~/ Assistant Attorney General STATE OF WASHINGTON ) County of Kitsap ) On this day personally appeared before me LOUIS MENTOR, Bremerton city Mayor, and KATH~.EEN L. McCLUSKEY, Bremerton city Clerk, of the City of Bremerton, the municipal corporation described in and 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 they were authorized to execute said instrument on behalf of said corporation. · -. GIVEN under my hand and official seal this ~2~-day of ~--~C~ &--~.~C~_.~%--% , 1992. /\ My~pointment expires: STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) On this day personally appeared before me MICHAEL D. CONNOLLY, Trustee of the John Bremer and Edward Bremer Consolidated Trust, to me known to be the individual described in and who executed the G\5041LL 12 wi~in and foregoing instrument, and acknowledged that he executed said instr~ent as his free and voluntary act and deed, for the uses and purposes therein mentioned. my hand and official seal this ~ day of ~GIV~ under ~ ,1992. N~Y P~LIC ~or t~ State My appointment expires: //- ~_~--~ STATE OF WASHINGTON ) County of Kitsap ) On this day personally appeared before me BETTY E~GER, to me known to be the Chair, Board of Trustees of OLYMPIC COLLEGE, on behalf of the state of Washington, State Board for Community College Education on behalf of Community College District 3, Olympic College, the agency described in and that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said agency, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument on behalf of said agency. ~GIVEN under my hand and official seal this .~day of y~ ,1992. NOTARY ~UBLIC in ~n~ for ~e State of Washington, residing at~ My appointment expires: //-~2g-~ G\5041LL 13 EXHIBIT "B" BREMERTON LUMBER SITE DESCRIPTION: PARCEL I: That portion of ~over~ment Lot 3, Sect/on 13 and that portion of Government Lot 1, Section 2~, and tidelands adjoining, .l] in Townsh/p 2~ North, Range 1 East, W.M., in Kitsap County, Washington, described as follows: Beginning at the most Sodtherly corner of Lot 1, Block 2, Town 6f Bremerton, as per plat recorded in Volume 2 of Plats, Page 30, records of Kitsap County, Washington; thence South ~5'20'30" East along the Northeasterly margin of 1st Street (Front Street) in said plat a distance of 1~.18 feet..to the most Southerly corner of an alley delineated on Block 2 on said plat; thence North 35'37'10" East 60.00 feet along said delineated alley to the True Point of Beginning, which is -]so called Point 'A" for reference purposes; thence South ~5'20'30" East parallel to the Northeasterly margin of 1st Street (Front Street) to an intersection with the inner Harbor ]~ne delineated on 1958 Supplemental map of the Brememton Tidelands, on file in the Office of the Commissioner of.Public Lands, Olympi~, Washington; thence Northeasterly along said inner Harbor line to the Southwesterly margin of 2nd Street as delineated on said Supplemental map; thence Northwesterly along said margin to a point on the most Easterly corner of the alley delineated on Block 2 in plat of Town of Bremerton; thence South 35'37'10" West along said alley 247.21 feet to the Tz-ue Point of Beginning; .- EXCEPT that portion described as folly: Beginning at Point "A" heretofo~e'~escribed; thence South ~5'~0'30". '.- ' ~East parallel' to. the'Northeasteriylmarg/n of 1st Street-~4.02'feet t6 the ~r~e Point of Beginning of this exception; thence No~th g5'29'10" East lg~17 feet; thence North 35 ~ 3 East 5.90 .feet _to the Southwest.corner. of an existing b~ick ' -' bdilding; thence South ~5'20'30" East along the Southeasterly wall thereof 129 feet; thence South ~1°53'20" West 20 feet, mere or less, to the Southwest boundary of the main tract heretofore described; thence North g5°20'30" West 129.gl feet, more or less, to the True Point of BegW-ru%ing. PARCEL II: Beginning at a point on the Northeasterly line of Front Street, also known as First Street, Bremerton. Washington, which is South ~5'20'30" East a distance of 1~.18 feet from the Southeast corner of Lot 1, Block 2, Original Pla~ of the Town of Bremerton, as per plat recorded in Volume 2 of Plats, Page 30, records of Kitsap County, Washington; thence North 35'37'10" East for a distance of 60 feet; thence South ~5'20'~0" East for a distance of 163.43 feet to the True Point of Beginning; thence South 45'20'30" East 45 feet; thence South 41'53'20" West 59-39 feet, more or less, to the Northeasterly line of said Front Street (First Street); thence Northwesterly along the Northeasterly line of Front Street (First Street) 45 feet; thence North 41'53'20" East 59.39 feet. more or less, to the True Point of Beginning. PARCEL III: That portion of Government Lot 1, Section ~4, Township 2~ North, Range 1 East, W.M., and of the tidelands adjoining , in Kitsap County, Washington, described as follows: Beginning at most Southerly corner of Lot 1, Block 2, Town of Bremerton, according to plat recorded in Volume 2 of Plats, Page 30, re~ords of Kitsap County, Washington; thence Sout~h 45'20'30" East along ~e Northeasterly line of First Street (Front Street) 14.18 feet to the True Point of SB~ginning; thence North 35'37'10" East 60 feet; thence DESCRIPTION: South 45'20'30" East 34.02 feet; thence Southwesterly to a point on the' Northeasterly line of First Street which is South 45'20'30" East 23.69 feet from the True Point of Beginning; thence North ~5'20'30" West 23. 69 feet to the T~ue Point of Beginning. PARCEL IV: That portion of the tidelands and uplands f~onting the Plat of the Town of Bremerton as recorded in Volume 2, Page 30 of Plats, Kitsap County, Washington; More particularly described as follows: All tidelands between the oringinal line of mean high water and the inner harbor line as established by the Washington State Commissioner of Public Lands that lies within the Easterly extension of the right of way of 2nd Street; EXCEPT that portion of 2nd Street dedicated for street purposes on said plat of the To~n of Bremerton. SCHEDULE 1 Address List 1. The City of Bremerton c/o Ian Sievers Bremerton City Attorney 239 - 4th St. Bremerton, WA 98310 2. The John Bremer and Edward c/o Michael D. Connolly Bremer consolidated Trust P.O. Box 826 Bremerton, Washington 3. Olympic College Brenda J. Little Assistant Attorney General for the State of Washington Education Division 900 Fourth Ave., #2000 Seattle, WA 98164-1012 G\5042LL 2 EXTENSION A~REEMENT FOR REAL ESTATE EXCHANGE A~REE~ENT Roosevelt Field B~em~on, WA for Bremerton Lumber Site Aprll~, 1992 This Agreement is made and entered into by and among: A. The City of Bremerton, a Washington municipal corporation ("the City"); B. The John Bremer and Edward Bremer Consolidated Trust, c/o Michael D. Connolly, Trustee, P.O. Box 826, Bremerton, Washington ("Bremers"); and C. The State of Washington, State Board for Community College Education on behalf of Community College District No. 3, Olympic College ("Olympic College"). AGREEMENT 1. The parties entered into that certain Real Estate Exchange Agreement on January 10, 1992 ("the Agreement"). Due to unanticipated delays involving issues of survey and legal descriptions, closing was not completed in the time provided under 91.2.2 of the Agreement. 2. The parties desire to revive the Agreement and to extend closing of the Agreement for sufficient time to permit closing in accordance with the terms and conditions of the Agreement as modified below: NOW, THEREFORE, it is agreed as follows: 3. Paragraph 1.2.2 of the Agreement shall read as follows: 1.2.2 Closing, Place and Date. Closing of this Exchange Agreement as to the transfer of Roosevelt Field to Olympic College and of Bremerton Lumber Site to the City shall occur at the offices of the Escrow Holder, Land Title Company of Kitsap County, 400 Warren Avenue, Bremerton, WA 98310, at a date and time agreed between the parties, but not later than August 1, 1992. Possession shall transfer not later than August 1, 1992. 4. Paragraph 1.3 shall be modified to allow timely closing of the conveyance of Roosevelt Field to Olympic College and of the Bremerton Lumber Site to the City and to provide for the deposit of the r~quired funds and documents from Olympic College into escrow, but disbursal of funds out of ~scrow to Bremers' account and delivery and recording of other documents under 91.3.2 shall abide the full and complete resolution in writing on or before December 30, 1992 of current issues between Olympic College and Bremers relative to U.S. Bank covenants and to Bremers' duties to make income distributions to Olympic College; provided Escrow Holder shall, in any case, complete closing as between Olympic College and Bremers on December 31, 1992 according to the original terms of this Agreement, if not in receipt of definitive written modifications thereof by December 30, 1992. 5. Except as expressly amended herein, the Agreement shall continue in full force and effect in accordance with the terms and provisions thereof. The parties hereto have executed this Extension Agreement on the day and year first above written. CITY OF BR~IERTON: /  ST: LOUIS MENTOR, Mayor KATHLEEN L. McCLUSKEY, Clerk~ To Fo : EV~--~S, City Attorney BREMER8 ~ JOHN BREMER AND EDWARD BREMER APPROVED ~ORM: " / G. R RR WALKER, WSB ~04013 G\6077LL 2 STATE OF ~HINGTON: STATE BOARD FOR COM/~UNITY COLLEGE EDUCTION ON BE~LF OF COMMUNITY COLLEGE DISTRICT 3 - OLYMPIC COLLEGE ATT BETTY E~fChair ~ F /~~ ,/~Se~ Board of Trustees WA N APPROVED AS TO FO~: Assistant Attorney General G\6077LL 3 ORIGINAL After Recording Mail To: G. Perrin Walker VANDEBERG & JOHNSON 1201 Pacific Avenue, Suite 1900 Tacoma, WA 98402-4391 (206) 383-3791 STATUTORY WARRANTY DEED Bremers Trust to Olympic Colleqe The Grantor, THE JOHN BREMER AND EDWARD BREMER CONSOLIDATED TRUST, Michael D. Connolly, Trustee, for and in consideration of $10.00 and other good and valuable consideration in hand paid, conveys and warrants to THE STATE OF WASHINGTON, State Board for Community College Education on behalf of the Community College District 3, OLYMPIC COLLEGE, as Grantee, the following described real estate situate in the County of Kitsap, State of Washington: The Bremerton Lumber Site as more particularly described in the attached Exhibit "A" which is incorporated herein by this reference. SUBJECT TO: rights reserved in federal patents or state deeds, building or use restrictions, utility easements, reserved oil and/or mineral rights and the attached Exhibit "B" "General and Special Exceptions" which is incorporated herein by this reference. DATED: ~ ~, 1992. THE JOHN BREMER AND EDWARD BREMER CONSOLI D/~E~RUST STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) On this day personally appeared before me MICHAEL D. CONNOLLY, Trustee of the John Bremer and Edward Bremer Consolidated Trust, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he executed G\5763LL said instrument as his free and voluntary act and deed, for the uses and purposes therein mentioned. er my hand and official seal this 5~day of NOT~RY PUBLIC in and f~t~e sta~ of Washington, residing a~-~ My appointment expires: //~-- ~ G\5763LL 2 EXHIBIT 'A' DESCRIPTION: PARCEL I: That portion of Government Lot 3, Section 13 and that portion of Government Lot 1, Section 24, and tidelands adjoining, all in Township 24 North, Range 1 East, W.M., in Kitsap County, Washington, described as follows: Beginning at the most Southerly corner of Lot 1, Block 2, Town of Bremerton, as per plat recorded in Volume 2 of Plats, Page 30, records of Kitsap County, Washington; thence South 45°20'30".East along the Northeasterly margin of 1st Street (Front Street) in said plat a ~istance of 14.18 feet. to the most Southerly corner of an alley delineated on Block 2 on said plat; thence North 35°37'10'' East 60.00 feet along said delineated alley to the True Point of Beginning, which is also called Point "A" for reference purposes; thence South 45°20'30'' East parallel to the Northeasterly margin of 1st Street (Front Street) to an intersection with the inner Harbor line delineated on 1958 Supplemental map of the Bremerton Tidelands, on file in the office of the Commissioner of Public Lands, Olympia, Washington; thence Northeasterly along said inner Harbor line to the Southwesterly margin of 2nd Street as delineated on said Supplemental map~ thence Northwesterly along said margin to a point on the most Easterly corner of the alley delineated on Block 2 in plat of Town of Bremerton; thence South 35°37'10'' West along said alley 247.21 feet to the True Point of Beginning; EXCEPT that portion described as follows: Beginning at Point "A" heretofore described; thence South 45°20'30'' East parallel to the Northeasterly margin of 1st Street 34.02 feet to the True Point of Beginning of this exception; thence North 45°29!10'' East 14.17 feet; thence North 35'36'30" East 5.90 feet to the Southwest corner of an existing brick building; thence South 45°20'30'' East along the Southeasterly wall thereof 129 feet; thence South 41°53'20'' West 20 feet, more or less, to the Southwest boundary of the main tract heretofore described; thence North 45°20'30`' West 129.41 feet, more or less, to the True Point of Be§inning. PARCEL II: Beginning at a point on the Northeasterly line of Front Street, also known as First Street, Bremerton, Washington, which is South 45°20'30'' East a distance of 14.18 feet from the Southeast corner of Lot 1, Block 2, Original Plat of the Town of Bremerton, as Der plat recorded in Volume 2 of Plats, Page 30, records of Kitsap County, Washington; thence North 35°37'10" East for a distance of 60 feet; thence South 45°20'30`' East for a distance of 163.43 feet to the True Point of Beginning; thence South 45°20'30`` East 45 feet; thence South 41°53'20'' West 59.39 feet, more or less, to the Northeasterly line of said Front Street (First Street); thence Northwesterly along the Northeasterly line of Front Street (First Street) 45 feet; thence North 41°53'20'' East 59.39 feet, more or less, to the True Point of BegiNning. PARCEL III: That portion of Government Lot 1, Section 24, Township 24 North, Range 1 East, W.M., and of the tidelands adjoining , in Kitsap County, Washington, described as follows: Beginning at most'Southerly corner of Lot 1, Block 2, Town of Bremerton, according to plat recorded in Volume 2 of Plats, Page 30, records of Kitsap County, Washington; thence South 4~'20'30" East along the Northeasterly line of First Street (Front Street) 14.18 feet to the True Point of Beginning; thence North 35'37'10" East 60 feet; thence EXHIBIT 'A' DESCRIPTION: South 45°20'30'' East 34.02 feet; thence Southwesterly to a point on the Northeasterly line of First Street which is South 45°20'30'` East 23.69 feet from the True Point of Beginning; thence North 45°20'30'' West 23. 69 feet to the True Point of Beginning. PARCEL IV: That portion of the tidelands and uplands fronting the Plat of the Town of Bremerton as recorded in Volume 2, Page 30 of Plats, Kitsap County, Washington; More particularly described as. follows: All tidelands between the oringinal line'of mean high water and the inner harbor line as established by the Washington State Commissioner of Public Lands that lies within the Easterly extension of the right of way of 2nd Street;. EXCEPT that portion of 2nd Street dedicated for street purposes on said plat of the Town of Bremerton. EXHIBIT "B" ' GENERAL EXCEPTIONS: 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. Water rights, claims, or title to water. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey and inspection of the premises. Easements, or cla/ms of easements, not shown by the public records. SPECIAL EXCEPTIONS: 1. Easement, including its terms, covenants and provisions a~ disclosed by instrument; Recorded: JULY 11, I961 Recording No: 75124~ For: ingress and e~Tess Affects: portion of Parcel I 2. Easement, including its terms, covenants andprovisions ~s disclosed by instrument; Recorded: AUGUST 30, 19~7 Recording No: 453870 For: drainage pipe and ma/ntenance thereof Affects: portion of Parcel I 3. Reservation for portion of exesting building'upon Northwesterly 6 feet of Parcel I, as desclosed by Auditor's File No. ~53870. 4. Terms and conditions contained in document recorded under Auditor's File No. 453870; (Affects Parcel II) 5. Agreement, including its terms, covenants and provisions; Between: William H. Ford and Esther E. Ford, husband and wife, and Anna Jane Ford, a widow; AND Bremerton Terminal Company, a corporation Recorded: AUGUST. 3b, 19~7 · Recording No.: 453869 6. Easement, including its terms, covenants and provisions as disclosed by instrument; Recorded: APRIL 6, 1973 Recording No.: 10~3334 For: sanitary sewer Affects: portion of Parcel III 7- Easement, including its terms, covenants and provisions as disclosed by instrument; Recorded: APRIL 6, 1973 Recording No.: 10~3335 For: sanitary sewer ~ffects: portion of Parcel II' 8. Easement, including its terms, covenants and provisions aZ disclosed~ instz~ment; Recorded: JULY 26, 1945 · Recording No: 411027 For: ingress and e~ess Affects: portion of Parcel III and other property 9~ Easement, including its terms, covenants and provisions as disclosed~j instrument; Dated: OCTOBER 8, 1973 Recorded: OCTOBER 11, 1973 Recording No: 1057784 For: access Affects: portion of Parcel I 10. Covenants, conditions and restrictions contained in the following /nSt~ent; Recorded: NOVEMBER 13, I915 Recording No.: 79563 As follows: See copy attached Affects Parcels II and III 1!. Easement affecting a portion of said premises and for the purposes hereinafter stated, as E~anted by instrument recorded on FW~RUARY 19, 1946, in the office of the recording officer of Kitsap County, Washington, under recordi~number 421859; In favor of: PUGET SOUND POWERAND LIGHT COMPANY .~ For: UnderETound and/or overhead transmission and electric lines and appurtenances thereto; Affects: Parcel I 12. Easement, including its terms, covenants and provisions as disclosed ~ instrument; Dated: JANUARY 3, 1989 Recorded: JANUARY 11, 1989 Recording No.: 8901110046 In Favor of: City of Bremerton For: utility Affects: portion of'said premises 13. Covenants, conditions and restrictions Contained in the following lnst.~Ument; Recording No.: 411025 As follows: . See copy attached 14. Easement, including its terms, covenants and provisions as disclosed instrument; ' Dated: AUGUST 18, 1947 ,~ Recorded: AUGUST 30, 1947. Recording No: 453871 For: access Affects: Portions of ParCels I and III l~. Agreement, including its terms, covenants and provisions; Recorded: NOVEMBER 6, 1986 Recording No.: 8611060096 '16. Any prohibition .or limitation on the use, occupancy or improvemen~ of the l~nd resulting from the rights of the public or riparian owners to use any waters which may cover the land or to use any portion of ~he land which is now or may formerly have been covered by water, and the right of use, control or --- regulation by the United States of America in exercise of'power over navigation. _. '.17. Agreement, including its terms, covenants and provisions; Recorded: MAY 31, 1991 Recording No.: 9105310209 For: addendum no. ~ for easement 18. Easement, including its terms, covenants and provisions as disclosed by instrument; Dated: MAY 28, 1991 R~corded: MAY 31, 1991 Recording No: 9105310209 For: access Affects: portion of said premises 19. Encroachment by ex/sting buildings and possible rights of possession of adjoining owners, as disclosed by Survey recorded under Auditor's File No. 8811180065. ' VANDEBERG 8 JOHNSON ATIORNE" ...... 12OI PACIFIC AVENUE GARy w ~0~ April l?, 1992 Brenda Little Assistant Attorney General Education Division 900 Fourth Ave., #2000 Seattle, WA 98164-1012 Ian Sievers City Attorney city of Bremerton 239 - 4th Street Bremerton, WA 98310 Re: Roosevelt Field Acquisition - ExchanGe AGreement Dear Brenda and Ian: I enclose for your review and approval and signature by your respective clients, an Extension of the Real Estate Exchange Agreement of January 10, 1992, modifying the closing deadline paragraph of 1.2.2 to extend it from April 1, 1992 through the end of the year. The Agreement remains intact except for this one modification. It would be appropriate to send the original of this Extension Agreement to the escrow company, attention Michael J. Mjelde. I would appreciate receiving a copy of the signed Extension Agreement. Sincer ilyy~ :IN WALKER GPW:lsl Enclosure cc: Michael D. Connolly, Trus%E Bremers Trust ~ G~6078LL EXTENSION AGREEMENT FOR REAL ESTATE EXCHANGE AGREEMENT Roosevelt Field Bremerton, WA for Bremerton Lumber Site April~, 1992 This Agreement is made and entered into by and among: A. The City of Bremerton, a Washington municipal corporation ("the City"); B. The John Bremer and Edward Bremer Consolidated Trust, c/o Michael D. Connolly, Trustee, P.O. Box 826, Bremerton, Washington ("Bremers"); and C. The State of Washington, State Board for Community College Education on behalf of Community College District No. 3, Olympic College ("Olympic College"). AGREEMENT 1. The parties entered into that certain Real Estate Exchange Agreement on January 10, 1992 ("the Agreement"). Due to unanticipated delays involving issues of survey and legal descriptions, closing was not completed in the time provided under ¶1.2.2 of the Agreement. 2. The parties desire to revive the Agreement and to extend closing of the Agreement for sufficient time to permit closing in accordance with the terms and conditions of the Agreement as modified below: NOW, THEREFORE, it is agreed as follows: 3. Paragraph 1.2.2 of the Agreement shall read as follows: 1.2.2 ClosinG, Place and Date. Closing of this Exchange Agreement as to the transfer of Roosevelt Field to Olympic College and of Bremerton Lumber Site to the City shall occur at the offices of the Escrow Holder, Land Title Company of Kitsap County, 400 Warren Avenue, Bremerton, WA 98310, at a date and time agreed between the parties, but not later than August 1, 1992. Possession shall transfer not later than August 1, 1992. 4. Paragraph 1.3 shall be modified to allow timely closing of the conveyance of Roosevelt Field to Olympic College and of the Bremerton Lumber Site to the City and to provide for the deposit of the required funds and documents from Olympic College into escrow, but disbursal of funds out of escrow to Bremers' account and delivery and recording of other documents under ~1.3.2 shall abide G\6077LL 7 !61NAL the full and complete resolution in writing on or before December 30, 1992 of current issues between Ol~pic College and Bremers relative to U.S. Bank covenants and to Bremers' duties to make income distributions to Ol~pic College; provided Escrow Holder shall, in any case, complete closing as between Ol~pic College and Bremers on December 31, 1992 according to the original te~s of this Agreement, if not in receipt of definitive written modifications thereof by December 30, 1992. 5. Except as expressly amended herein, the Agreement shall continue in full force and effect in accordance with the tens and provisions thereof. The parties hereto have executed this Extension Agreement on the day and year first above written. CITY OF BR~ERTON: /  ST: LOUIS MENTOR, Mayor ~THLEEN L. McCLUSKEY, Cler~Q~ I~ ~. SI~ERS, City Attorney BRIERS: JOHN BRIER ~D EDW~D BRIER CONSOLIDATE~/~RUST APPROV~, ~0~: G\6077LL 2 STATE OF W/%SHINGTON: STATE BOARD FOR COMMUNITY COLLEGE EDUCATION ON BEHALF OF COMMUNITY COLLEGE DISTRICT 3 - OLYMPIC COLLEGE AT BETTY E~GER( Chair ~ ! Board of Trustees WALLACE SIMPSON, Secretary APPROVED AS TO FORM: Assistant Attorney General G\6077LL 3 EXTENSION ~REF-~ENT TO PROPERTY E~w~E ~,~ Olympic College Bremerton, WA Bremer Trust April,S, 1992 Olympic College, 16th and Chester, Bremerton, Washington 98310 ("Olympic Ccllegm") and The John Bremer and Edward Bremer Consolidated Trust, c/o Michael D. Connolly, Trustee, P.O. Box 826, Bremerton, WA 98310 ("Brmmers") agree as follows: 1. Olympic College and Bremers entered into that certain Property Exchange Agreement of January 10 , 1992 ("the Agreement"). 2. Due to unanticipated delays resulting from survey and legal description problems, the exchange contemplated by the Agreement between the parties was not timely closed under ~3(c) of the Agreement. The parties desire to revive the Agreement under certain conditions and to extend the effective date of the Agreement for a sufficient period of time to permit closing on the same terms and conditions as provided therein. B. A~REEI~ENT NOW, THEREFORE, it is agreed as follows: 3. Paragraph 2 of the Agreement shall be amended to add at the end thereof the following: Bremers and Olympic College acknowledge that it is in the best interests of Olympic College that the Agreement be reinstated and closed in order to permit Olympic College to acquire ownership of Roosevelt Field. To that end, Bremers shall complete any measures reasonably required to permit closing before August t, 1992 of the exchange of the Bremerton Lumber Site to the City and Roosevelt Field to Olympic College. The funds to be disbursed with respect thereto by Olympic College shall be deposited in escrow and shall, as provided below, be paid out or remain on deposit at interest with the Escrow Holder until such time as Olympic College and Bremers shall have resolved the present issues between them as to compliance with Bremers' banking and borrowing covenants and Bremers' distributions out of trust income to Olympic College. Payments required pursuant to ~2(a) of the Agreement shall be held in escrow; payment under ¶~2(b) and (c) shall be paid out at closing. Delivery and recording of the Partial Assignment of Deed of Trust required by ~2(d) shall abide the resolution of the banking covenant and income distribution issues by subsequent written agreement of Bremers and Olympic College. 4. Paragraph 3(c) of the Agreement shall be amended to read as follows: (c) Failure to Close. If this Agreement shall not close on or before August 1, 1992, it shall be null and void and Escrow Holder shall return all funds and documents to the respective parties having deposited them. 5. There shall be added to the Agreement a new paragraph 3(d) as follows: (d) Once the exchange of property is closed as to the City, Escrow Holder shall keep open the escrow for resolution of the issues referenced in amended ~2 hereof through December 30, 1992; that failing, on December 31, 1992, the Escrow Holder shall close the transaction as between Olympic College and Bremers in accordance with the provisions of the original ~2 of the Agreement. 6. Except as expressly modified hereby, the Agreement shall continue in full force and effect in accordance with the terms and provisions hereof. The parties hereto have executed this Agreement on the day and year first above written. OLYMPIC COLLEGE: BREMERS:  THE JOHN BRE~ERAND EDWARD BY: BREMER CONSOLIDATED TRUST ~oard of Trustees ~/~/// ~ MrCH~EL D. CONNOLLY, ) ./._/~w~_~//~//~~ ~ T~ustee WALLACE ~I~PS~N, Secretary G\6076LL 2 TITLE OFFICE ' ~~ ~1 Bremerton 400 Warren Ave. Suite 100 P.O. Box313 JULY 9, 1992 Bremerton, WA 98310 (206) 37L0133 FAX: (206) 377-1428 CITY OF BRE~ERTON CORPORATE ATTN: CITY ATTORNEY' OFFICE OFFICE 239-4TH STREET BREMERTON, WA 98310 ~1 Bremedon 400 Warren Ave Suite 400 PO. Box313 RE: Escrow #12086-HH CITY OF BREMF~qTON/OLYMPIC COLLEGE Bremerton, WA98310 Property Address: BREMERTON LBR SITE/R00SEVELT FIELD (206) 373-0164 BREMERTON, WA. 98310 FAX: (206) 377-0112 The following items are enclosed which pertain to the above ESCROW 0 F F I C E S referenced transaction: % remerton RECORDED STATUTORY WARRANTY DEED 0 Warren Ave. Suite160 Thank you for allowing Land Title Company to be of service to you P.O. Box 313 Bremerton, WA98310 in this matter. If you have any questions, please do not hesitate (206)37L3005 to give us a call! Be sure to have your escrow number available. FAX: (206) 377-1871 Sincerely, 2501Suite A-1SE' Mile Hill Drive ~_ ~,,,/~ P.O. BOx 1489 ~ Por~ Orchard. WA 98366 (206)876-0450 Land Title Co~6any FAX: (206) 876-0574 Bremerton Escrow Branch ~ Silverdale 10049 Kitsap Mall Blvd. N,W. Suite 108 F{O. Box 2737 Si~verdale, WA 98383 (206) 692-4033 FAX: (206) 692-8669 OFFICE OF THE CITY ATTORNEY · lAN R. SIEVERS, CITY ATTORNEY Gateway to the Olympics and Home of the Puget Sound Naval Shipyard DATE: September 28, 1992 TO: Kathleen L. McCluskey, Administrative Services Director FROM: Jackie Dixon, Legal Assistant, City Attorney's Offic~'~c~-~ RE: Roosevelt Field Exchange Attached is a "Corrected Statutory Warranty Deed" from the City of Bremerton to Olympic College, regarding the ahove-referenced Exchange. Gerry Thornburgh was notified by the County Auditor that there was an error in the legal description of the Deed that was executed on May 8th by the City. The Auditor asked Gerry that we correct the Deed and have it re-rerecorded. I have attached a copy of the May 8, 1992, Deed for your reference. I have also prepared and attached a 1% Real Estate Excise Tax Affidavit for submitting to the Auditor along with the Deed. As you can see, Ian went ahead and executed the Corrected Deed. I did not forward the Deed to the Mayor for signing, because I thought you might prefer to do that. Can you please have Elaine forward a copy of the Corrected Deed to our office so that I can send copies to Mike Connolly and Brenda Little, Assistant Attorney General, and explain to them what happened? Please let me know if you have any questions on this. Thank you! 239 4TIt STREET · BREMERTON, WA 98310 · (206) 478-5345 ;~URCHASING DIVISION & BILLING ADDRESS CLAIM 239- 4th Street . '%,,~.~,~,~ _~1~.I~)~.~.~, :'~.~2 ~~ ~-' ~ PURCHASE ORDER Breme.on, WA 9831~1806 ~~~~~L_~ NUMBER FAX ~ (2~) 47~5~0 ~~Gat~ay to the Olympics and Home of the ~get Sound Naval Shipyard Kt*I'~AP COUNTY AUDITOR C['I*Y &,14 DIVISION SI' WILL CALl.. AS NEEDE):) Z3~ FOURTH STREET PORT O~CHARD WA 98:26~. BRE:fflERTON~ ~A~ OF ~R RE~IS~ NUMBER PAGE BF'O FOR RF-C:ORDING FEES FOR LEGIAL DQC:UMENT~ FOR THE YEAR ENDING :,~AL F'URC:ItA F: ORDER ~ ~'<GE PROJ EC:T A~OUNT 3;'A F UR~ F.A,;E ORDER CERTIFICATION The undersi.cmed certifies undor penalty of pe,iur~, th~! th,~ ~a ri~,i '. X RECEIVING COPY PURCHASING DIVISION & BILLING ADDRESS CLAIM 239 - 4th Street ~. ~."~'~'.~ ..... ~'~".~* PURCHASE ORDER Bremerton. WA 98310-1806, ~"~ - :_~_~'.~._~..~-- ' '~ ' ~:- ~ .*~ ~'~ -* NUMBER (206) 478-5293 FAX · (206) 478-5200 .~. ~~ - "~-~ '~' '" Gat~ay to the Olympics and Home of the Puget Sound Naval Shipyard NDOR ~6GZ K~'FSAP C:OUNTY FREASLI}~EF?. CITY C{~ERF' d,:.! DIVISION STREET ~III..L CALl._ AS 51~EEDED 2:3? P"OUR'T~.i S I"R!r;E F )ATE OF ORDER REQUISmON NUMBER PAGE RECEIVING COPy TITLE ' 1 /~ '~ OFFICE !~O~, 400 Warren Ave Suite 100 ' ~ ~.~,~~ PO. Box313 JULY 12, 1993 Bremertoi~, WA 98310 (206) 377-0133 FAX: (206) 377-1428 CITY OF BREMERTON CORPORATE ATTN: CITY ATTORNEY'S OFFICE OFFICE 239-4TN STREET BREMERTON, WA 98310 .) Bremerton 400 Warren Ave. S~iie400 RE: Property Address: BREMERTON LBR SITE/ROOSEVELT FIELD, BREMER,TON, WA. R0.8ox313 Escrow #: 12086-HH CITY OF BREMERTON/OLYiqPIC COLLEGE Bremer~on, WA 98310 (206)373-0164 The following items are enclosed which pertain to the above referenced FAX: (206) 377-0112 tTansact ion: ESCROW 4oi FiC ES (X) INTERIM BINDER. emerton WarrenAve. Thank you for allowing Land Title Company to be of service to yon in this Ro. a0x313 matter. If you have any questions, please give us a call and refe'rence our Bremerton, WA 98310 escrow hula be'r. (206) 377 3005 FAX: (206) 377-1871 S il3c'er e 1 y, SuiteA1 Land Title Company Silverdale 10049 K0sap Mall Blvd NW Suite 108 PO Box 2737 Silve~dale, WA 98383 (206) 692-4033 FAX (206) 692-8669