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