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HomeMy WebLinkAbout9112040100Filed for Record at Request of: When Recorded Return to: KITSAP COUNTY Name Bremerton City Clerk ILED-BY: BRE,~ERTON CITY OF E,C, 4, t?71, :t3 Address 239 Fourth Street A~EN FLYNN~ AUDiTOR ERK: 6ILHORE Bremerton. Washinqton 98310 REEL O6t9 FR 1521 STATUTORY WARRANTY DEED (For Use in the State of Washington Only) THE GRANTOR, the CITY OF BREMERTON, a municipal corporation, for and in consideration of Three Thousand Eight Hundred'Fifty-five Dollars ($3,855.00), conveys and warrants to CASCADE NATURAL GAS CORPORATION, the following described real estate, situated in the County of Kitsap, State of Washington: A portion of the West 1/2 of the SW 1/4 of the SE 1/4 of the NE 1/4 of Section 21, Township 24 North, Range 1 East, W.M. more particularly described as follows: Beginning at the NW corner of the SW 1/4 of the SE 1/4 of the NE 1/4 of said Section 21; thence N 89° 47'21"E on the centerline of Werner Road a distance of 334.48 feet; thence S 0° 34'22"W 30 feet to the south margin of Werner Road and the true point of beginning; thence S 89° 47'21" W 25.00 feet; then S 0~ 34'22"W 60.00 feet; thence N 89~ 47'21"E 25.00 feet; thence N 0° 34'22" E 60.00,feet to the true point of beginning, in Kitsap County, Washington. DATED this 2o day of %~o~~ , 1991. KITSAP COUNTY TRANSACTION EXOISETAX CITY,OF BREMERTON AMOUh ~'/-~ BY: ~ LOUIS MEN~OR,¥ Mayor \ \ COUNTY $~F..ASURE~ aY ///-/j' STATUTORyT~ARRANTY DEED -1- ATTEST: KAT~L~EN L. McCLUSKEY, Clerk APPROVED AS TO FORM: LEILA MILLS, Assistant 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. under my hand and official seal this ~~ day of , 1991 . ' · .... c/ t~e ~e of ..- ..., ~ ~ '~ Notary Publi ih and for · ... ~ ~' Washington, residing at: ,~ .- .... . ~,~: My appointment expires: --?~% STATUTORY WARRANTY DEED -2- REAL ESTATE PURCHASE AGREEMENT THIS AGREEMENT is by and between the City of Bremerton, a municipal of the State of Washington, (hereinafter referred to as "Bremerton") and Cascade Natural Gas Corporation, (hereinafter referred to as "Cascade"}. 1. DESCRIPTION OF PARCELS: Cascade agrees to purchase and Bremerton agrees to sell and convey, upon the terms and conditions contained herein, that real property located in Kitsap County, State of Washington, legally described as: A portion of the West 1/2 of the SW 1/4 of the SE 1/4 of the NE 1/4 of Section 21, Township 24 North, Range 1 East, W.M. more particularly described as follows: Beginning at the NW corner of the SW 1/4 of the SE 1/4 of the NE 1/4 of said Section 21; thence N 89° 47'21"E on the centerline of Werner Road a distance of 334.48 feet; thence S 0° 34'22"W 30 feet to the south margin of Werner Road and the true point of beginning; thence S 89° 47'21" W 25.00 feet; then S 0° 34'22"W 60.00 feet; thence N 89° 47~21"E 25.00 feet; thence N 0° 34~22" E 60.00 feet to the true point of beginning, in Kitsap County, Washington. 2. VALUE OF PARCELS: Bremerton and Cascade agree that the fair market value and purchase 9rice/ of t~e ~operty above- described is Three Thousand EightFFifty-five s Doll ($3,855.00) to be paid in full upon closing. 3. RIGHT TO ENTER PREMISES: Cascade, or their authorized agent, shall have the right, at reasonable times, to enter upon the property and make any and all inspections and to conduct and carry out said inspections, tests or surveys at their sole expense and liability. 4. CONVEYANCE BY STATUTORY WARP.~I~TY DEED: At closing, fee REAL ESTATE PURCHASE AGREEMENT -1- title to the property shall be conveyed to Cascade by Statutory Warranty Deed free of liens and encumbrances. 5. POSSESSION: Subject to the limited right of entry pursuant to Paragraph 3 above, Cascade shall be entitled to possession of the property it purchases upon the closing of this transaction. 6. ESCROW CLOSING AGENT: This transaction shall be closed by the Bremerton City Attorney, located at 239 Fourth Street, Bremerton, Washington. 7. CLOSING COSTS AND PRORATIONS: Bremerton agrees to pay for the costs of clearing the Seller's title to the property, including any delinquent property taxes. Real estate taxes for the year of closing, assessments and utilities constituting liens against the property shall be pro-rated as of closing. 8. CLOSING DATE - TERMINATION DATE: This transaction shall be closed on or before 5:00 p.m. on the termination date of this Agreement, which date shall be 45 days after the date on which Cascade signed this Agreement in accordance with paragraph 18 below. 9. ATTORNEY'S FEES: In the event that Bremerton or Cascade shall institute a lawsuit to enforce any rights pursuant to this Agreement, the successful party shall be entitled to, in addition to those costs and disbursements provided by statute, a reasonable sum as attorney's fees and costs and expenses incurred in any appeal thereof. 10. NOTICES: Ail notices sent Bremerton or Cascade pursuant REAL ESTATE PURCHASE AGREEMENT -2- to this Real Estate Purchase Agreement shall be sent by certified mail, return receipt requested, to the following addresses unless either party notifies the other in writing of a change of address: For Bremerton: Kathleen L. McCluskey Bremerton City Clerk 239 Fourth Street Bremerton, Washington 98310 For Cascade: Ralph E. Boyd Cascade Natural Gas Corp. 222 Fairview Avenue North Seattle, Washington 98109 ~. TIME OF EBBENCE: Time is of the essence of this Real Estate Purchase Agreement. · Z. GOV~RNING~W~WD V~NU~ This Agreement shall be governed by and interpreted in accordance with Washington law. Any litigation arising out of or in connection with this Agreement shall be conducted in Kitsap County, Washington. ~3. RISK OF LOSS: Bremerton shall deliver the premises to Cascade at closing in the same condition existing as of the date hereof. Risk of loss or damage to the premises shall be borne by Bremerton until the date of closing. Thereafter, Cascade shall bear the risk of loss. ~4. ABBIGNME~"~: Neither Bremerton's nor Cascade's rights under this Agreement may be assigned without prior written consent of the other party. In the event of an assignment, this Real Estate Purchase Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns, heirs, and legal representatives. REAL ESTATE PURCHASE AGREEMENT -3- 15. HEADINGS: The headings of the paragraphs of this Agreement are inserted solely for the convenience of the parties and are not a part of nor intended to govern, limit, or aide in the construction of any term or provision hereof. 16. ENTIRE AGREEMENT: There are no verbal or other agreements which modify or affect this agreement and Bremerton and Cascade agree that this Real Estate Purchase Agreement constitutes the full and complete understanding between Bremerton and Cascade. 17. SURVIVAL: Bremerton and Cascade agree that all representations, warranties, and agreements made herein shall not merge in, but shall survive, the closing of this transaction and the delivery of any deeds hereunder. 18. LIMITATION ON CAECADE'S TIME FOR ACCEPTANCE: Cascade shall have only until 5:00 p.m. on October 11, 1991, to accept this Agreement by delivering a signed copy thereof to Bremerton. If Cascade does not so deliver a signed copy within said period, this Agreement shall lapse and all rights of the parties hereunder shall terminate. DATED: October 7, 1991 BY: Se6retary LOI~I~ MENTOR, Mayor REAL ESTATE PURCHASE AGREEMENT.-4- ATTEST: KATHLEEN L. McCLUSKEY, Clerk AP P~ ~/~ 0 FORM: IA/~R.-'f~/EVERS, C~ty Attorney REAL ESTATE PURCHASE AGREEMENT -5- CLOSING STATEMENT SELLER: CITY OF BREMERTON, a municipal corporation PURCHASER: CASCADE NATURAL GAS CORPORATION ~EGAL DESCRIPTION: A portion of the West 1/2 of the SW 1/4 of the SE 1/4 of the NE 1/4 of Section 21, Township 24 North, Range 1 East, W.M. more particularly described as follows: Beginning at the NW corner of the SW 1/4 of the SE 1/4 of the NE 1/4 of said Section 21; thence N 89° 47'21"E on the centerline of Werner Road a distance of 334.48 feet; thence S 0° 34'22"W 30 feet to the south margin of Werner Road and the true point of beginning; thence S 89° 47'21" W 25.00 feet; then S 0° 34'22"W 60.00 feet; thence N 89° 47'21"E 25.00 feet; thence N 0° 34'22" E 60.00 feet to the true point of beginning, in Kitsap County, Washington. AMOUNTS DUE SELLER Total Purchase Price (Previously paid by Purchaser) $3,855.00 REDUCED by Seller's Closing Costs: Recording fee for Statutory Warranty Deed (Kitsap County Auditor) $ 8.00 1% Excise Tax Affidavit Processing Fee (Kitsap County Treasurer) 2.00 Total Seller's Closing Costs $10.00 ( 10.00) TOTAL CASH PROCEEDS PAYABLE TO SELLER AT CLOSING $3,845.88 NOTE: It is further understood and agreed by all parties hereto that this closing statement is subject to audit and should there be any errors or omissions, they are to be corrected. Further if any legitimate monetary error is discovered, it is to be assessed and immediately collected from the party or parties liable therefor. ACCEPTED AND APPROVED this }~ day of ~V~~ , 1991. LEILA MILLS Attorney for City of Bremerton ~ v CASCADE NATURA~-~A$ CORPORATION W. Brian Matsuyama - President Yvfl~/nne E. Fourno - Secretary Su~mit to C~unty Tr,aeurer of the ~ ~ ( i This form is your r~eipt wh,. ,tamped co~t~inw~ichprope~isloceted. ~ REAL ESTATE EXCISE TAX~ ~ ~.h~...~ b~ ~.~ or c~..~ : , ALL TAX PARCEL NUMEERS TAX RELATED ~ ~ ~ 9~ [ O~ LEGAL DESCRIPTION OF PR~ERTY SITUATED I[ UNINCORPORATED ;~' ~t~ COUNTY ~ OR la this property currently: YES NO '(~ Description of personal property if included in sale (furniture, ap- Classified or designated aa forest land? [] [] plianoes, etc.) Chapter 84.33 RCW Classified aa current use land (open space, farm and agricultural, or timber)? Chapter 84.34 RCW [] [] ~ If exemption claimed, explain ~'~ ~ -'~* L . ~. ~:~ ~ 4' ~ . - Exemptfrompropertytaxundernonprofit [] [] £~ ~y, Et~h. :)t~C~lJ~3,~i~ organizations Chapter 84.36 RCW? ~'~A(" Receiving special valuation aa historic [] [] property under Chapter 84.26 RCW? ': ~' ~' P .1 · Type Property: [] landonly [] land with new building. . / Date of Sale or Conveyance Instrument [] land with previously [] land with mobile home Gross Sale Price 1 / $ ~ ' ~/ used building Persona( Property (deduct) 2 / $ SEE TAX OBLIGATIONS ON REVERSE SIDE Taxable Sale Price $ (1) NOTICE OF CONTINUANCE (RCW) 84.33 or RCW 84.34) ExciseTax State 3/ $ If the new owner(s) of land that is classified or designated as current use or forest Local 4/ $ owner(a) must sign below. If the new owner(s) do(es) not desire to continue such to RCW 84.33.120 and 140 or RCW 84.34.108 shall be due and payable by the seller (SEE 1-5 ON REVERSE SIDE) willbe applied. All new owners must sign. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF WASHINGTON THAT THE FOREGOING IS TRUE Thisland [] does [] doesnot quaiify AND CORRECT (see #6 on reverse for penalties). DATE SIGNATURE (3) NOTICE OF COMPLIANCE (Chapter 84.26 RCW) NAME (print) )~:~( ~,~.~ .~8.~ If the new owner(a) of property with special valuation a8 historic property wish(s) to continue this special valuation the new owner(s) must sign below. If DATE & PLACE OF SIGNING' _~ ',-~ 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 SPECIFY (circle): grantor/grantee/grantor's agent/grantee's agent by the seller or transferor at the time of sale. (3) OWNER(S) SIGNATURE Address of residence or place of business of person signing (specify): ' Telephone Number* ( ~ © ~i~ ~ ~ ' c. Doesthisconveyancedivideacurrentparcelofland? 1[] 2[] 1 [] agricultural 2 [] condominium 3 [] recreational d. Does sale include current crop or merchantable 1[] 2[] 4 [] apt(4+ units) 5 [] industrial 8 [] residential timber? 7 [] commercial 8 [] mobllehome 9 [] timber FORM REV 64 0030 3m (9187) -1~55- TAXPAYER EXHIBIT "~" A portion of the West 1/2 of the SW 1/4 of the SE 1/4 of the NE 1/4 of Section 21, Township 24 North, Range 1 East, W.M. more particularly described as follows: Beginning at the NWcorner of the SW 1/4 of the SE 1/4 of the NE 1/4 of said Section 21; thence N 89° 47~21"E on the centerline of Werner Road a distance of 334.48 feet; thence S 0° 34t22"W 30 feet to the south margin of Werner Road and the true point of beginning; thence S 89~ 47~21" W 25.00 feet; then S 0° 34'22"W 60.00 feet; thence N 89° 47~21"E 25.00 feet; thence N 0° 34t22" E 60.00 feet to the true point of beginning, in Kitsap County, Washington. AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: REAL ESTATE PURCHASE FOR AGENDA OF: Oct. ~6, 1991 AGREEMENT - CASCADE ORIGINATING DEPT: Admi~, Ser. NATURAL GAS ORIGINATOR: K. McCluske¥ ~ DATE SUBMITTED: Oct. 8, 1991 2. CLEARANCES: (comment on back 3. EXHIBITS: if neqessary) Attorney . Real Estate Purchase Agreement City Engine~ ~ -- Appraisal Surplus & Disposal Policy Site Plan ENDORSEMENT__ INFORIfATI~N--~ APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Cascade Natural Gas has leased the parcel of property at Union Ave. and Werner Road since 1963 paying $5,393 in lease payments. In 1986 they stopped paying based upon language in the old franchise giving them rights to all public property. The new franchise specifies franchise rights to public rights of way only. The regulator station site is an essential part of the infrastructure necessary to provide services to Bremerton. The proposal to surplus, sell and place this property back on the tax rolls was routed to Department heads and approve~ by Parks, Engineering, Planning, Utilities and Public Safety. The purchase price pursuant to appraisal is ~3,855.00. 8. RECOMMENDATION: MOTION to approve sale of regulator site at Union/Werner to Cascade Natural Gas Corporation. 9. RESPONSIBLE OFFICIAL: Executive ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION COUNCIL DIRECTIVE: · ~ ~%~\~ DATE: ~,T 1 6 ~ CLEARANCE COMMENTS: 5. ~MPACT ON NON-PASSAGE: Property remains off tax rolls. New lease would need to be negotiated. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EOUIPMENT OR OTHER RESOURCES: $3,855.00 to Cumulative Reserve 7. RESEARCH SOURCES: NOTE: The prior franchise allowed use of "all public places" by Cascade. In 1986 when this was realized by Cascade attorneys, they stopped payment of the lease ~mount. Our City Attorney at the time agreed with their legal opinion. The new franchise describes "public rights of way" only. Therefore, lease or franchise is now required. AMENDMENT TO ADMINISTRATIVE SERVICES · KATHLEEN McCLUSKEY, DIRECTOR Gateway to the Olympics and Home of the Puget Sound Naval Ship,lard Ameriea's Most Liveable City October 23, 1991 Mr. Ralph E. Boyd Cascade Natural Gas Corporation 222 Fairview Avenue North Seattle, Washington 98109 Dear Mr. Boyd: Enclosed is your fully executed copy of the real estate purchase agreement. This was approved by the City Council at their October 16, 1991 meeting. The City Attorneys office will prepare the closing documents. Please contact Jackie Dixon at 478-5345 if you have any questions. Sincerely, Kathleen L. McCluskey Administrative Services Director 239 4TH STREET · BREMERTON, WA 98310 · (206) 478-5290 OFFICE OF THE CITY ATTORNEY IlS lAN R. SIEVERS, CITY ATTORNEY Gateway to the Olympics and Itome of the Puget Sound Nava! Shipyard Mr. Ralph E. Boyd Cascade Natural Gas Corporation 222 Fairview Avenue North Seattle, Washington 98109 Re: City of Bremerton/Cascade Natural Gas Transaction Dear Mr. Boyd: Please find enclosed a conformed copy of the Statutory Warranty Deed between the City of Bremerton and Cascade Natural Gas Corporation, ~ogether with a copy of the 1% Real Estate E×cise Tax Affidavit, regarding the above-referenced transaction, for your information. The original Deed will be forwarded to you after we have recorded the same with the County Auditor. I have also enclosed the original and a copy of the Closing Statement for this transaction. Will you please see that the original Closing Statement is signed and returned to our office so that we may close our file? I have enclosed a self-addressed, stamped, envelope for your convenience. You may keep the copy of the Closing Statement for your records. Please feel free ~o call our office if you have any questions in this regard. Thank you. Sincerely, JACKIE R. DIXON L~at Assistant ~nclosures: as cited cc: Kathleen McCluskey, Administrative Services Director 239 4Ttl STREET I~ BREMERTON. WA 98310 1~1 (206) 478-5345 CASCADE '- TELEX 910-444-2239 FACSIMILE (206) 624-7215 CORPORATION BEC ~ 1991 Administrative Services Director City of Bremerton 239 4th Street Bremerton, WA 98310 Re: City of Bremerton/Cascade Natural Gas Transaction Dear Ms. McCluskey: Please find enclosed the signed original of the closing statement for this transaction. We anticipate the arrival of the recorded deed, and thank you for helping the transaction to proceed smoothly. Sincerely, CASCADE NATURAL GAS CORPORATION Marilyn Bostock Right-of-Way Agent MB:glw Enclosure ADMINISTRATIVE SERVICES · KATHLEEN McCLUSKEY, DIRECTOR Gateway to the Olympics and Home of the Puget Sound Naval Shipyard America's Most Liveable City January 2, 1992 Ms. Marilyn Bostock Right-of-Way Agent Cascade Natural Gas Corp. 222 Fairview Avenue North Seattle, WA 98109 Dear Ms. Bostock: Enclosed is the signed and recorded warranty deed for your records. Sincerely, Kathleen L. McCluskey Director of Administrative Services KLM:eh enclosure 239 4TH STRF~T · BREMERTON, WA 98310 · (206) 478-8290 ADMINISTRATIV~ SERVICES ~: Cascade Natural ~s DA~: June 5 1995 Apparently the legal description on our deed to Cascade Natural Gas was incorrect. Attached is correspondence between the City and Cascade, a copy of the deed and a survey by Pac-Tech. If you concur, please provide a legal description so that Ian can prepare an amended deed. 222 FAIRVIEW AVENUE NOR'i-H, SEATTLE, WASHINGTON 98109-5312 (206)624-3900 FACSIMILE {206) 624-7215 June 1, 1995 Ms. Kathleen McCluskey Director of Administrative Services City of Bremerton 239 4th Street Bremerton, Washington 98310 RE: Werner Road Property Dear Ms. McCluskey: A few weeks ago we conversed about a boundary line problem concerning the property Cascade purchased from the City in 1991. The Warranty Deed contains a legal description that appears to be in error. Upon your advise I talked to Jerry Thornberg, in engineering. He stated that he had determined the parcel that Cascade had leased for 30 years was located in the Northeast corner of the City's property, not in its description per the lease. He suggested that Cascade contact Pac-Tech, the City's surveyor for the property, and have them survey the actual location of the fence for Cascade's parcel. Then he suggested that we send the results to the City to initiate the change in legal description. Enclosed is the surveyed location for Cascade's parcel. It appears to be quite close to the description on the original lease. Please let me know if there is any other information needed to complete the correction of our Deed.' Sincerely, CASCADE NATURAL GAS CORPORATION M~tock Right-of-Way Agent enclosure .TUN-05-1995 15:50 PROM CASCADE NAT GAS, 22~ BLDG TO Bi3604?SSP00 P.02 Filed for Record at Request of: -- When Recorded Return to: ~' ~.: Name _~remerton City Clerk Bremerton, Wamhln~%on A. F. 9t120&0100 STATUTORY WARRANTy DEED (For Use in the State of Washington Only) T~E GRANTOR, the CITY OF BRE~ERTON, a municipal corporation, for and in consideration of Three Thousend Eight Hundred'Fifty-five Dollars ($3,85~.00), conveys and warrants to CASCADE NATURAL GAS CORPORATION, the following described real estate, ~ituated in the County of Kitsap, State of Washington: A portion of the West 1/2 of the SW 1/4 of the SS 1/4 of the NE 1/4 of Section 2!, To%-nship 24 North, Range ! East, W.M. more particularly described as follows: Beginning at the NW corner of the SW 1/4 of the S~ 1/4 of the NE 1/4 of eaid Section ~1; thence N $9~ 47'21"E on the oenterline of Weaner Road a distance of 334.48 feet; thence S 0~ 34'22"W 30 feet to the south mar~in of Werner Road and the ~rue point of beginning; thence"S 89· 47'21" W 25.00 feet; then S 0" 34'~2-W 60.00 feet; thence N 89° 47'21"E 25.00 feet; thence N 0" 34'22" E 60.00.feet to the true point of beginning, in Kitsap County, Washington. TRANSACTION EXCI~..TA~ CZTYrOF BR~M~RTO~ STAT~ORY'WA~TY DE~D -1- JUN-05-1SIP$ 15:3~ ~OM CRSGRDE NRT GRS, ~ BLDG TO Dl~O4?BS~00 ATTEST: ' KAT~L~EN L. McCLUsK~.Y, clerk -- APPROVED AS TO FORM: L~ILA MILLS, Assistant City Attorney STATE OF WASHINGTON CO~TY OF KITSAP On this day personally appeared before me ~uis Mentor, ~remerton City Mayor, and Kathleen L. McCluskey, 8remerton city Clerk, of the City of Bremerton, the municipal ~or~oration described in and that executed the within and foregoing instrument, and acknowledged said instrument to ~ the free and voluntary act and deed of said oorDoration' for the uses and ~urposes therein mentioned, an~ on oath state~ that they were authorized to execute said instrument on behalf of said corporation. , 1991. " Nota~ ~blic/lh and for t~ St~ of '" '"' .... ~ ~' sTATuTORY WArTy DEED -2- TOTAu ~.03 HAGER & CARLSEN ATTORNEYS AND COUNSELORS AT LAW 4400 TWO UNION SQUARE PORTLAND OFFICE: 601. UNION STREET ~soou. s BANCORPTOW£R SEATTLE, WASHINGTON 98101-2352 PORTLAND, OREGON 97204-3699 TELEPHONE (206) 622-8484 TELIH~HON~ (503) 224-5858 JOHN L. ~F~, P.C. FACSzMZ~E (206) May 9, 1995 Mr. Gary T. Chrey 600 Kitsap Street, Suite 202 Port Orchard, Washington 98366 Subject: Cascade Natural Gas Corporation ("Cascade,,) Werner Road Regulator Station Dear Mr. Chrey: We are responding on behalf of Cascade to your April 28, 1995, letter addressed to Marilyn Bostock and Will Odell on the above subject. C r ' e e ds. Cascade is in agreement with the thought expressed in'paragraph two of your letter that the appropriate solution to this situation is a boundary line adjustment. Cascade is willing to cooperate in execution of appropriate corrective deeds. As you may be aware, since 1974, Cascade,s regulator station has been located on the present site by agreement with the City of Bremerton, the previous property owner. This was prior to Mr. Haselwood,s purchases of neighboring property. In November 1991, Cascade received a Statutory Warranty Deed from the City, which was intended by the City to convey the reg~/lator station property to Cascade. Throughout the entire period since 1974 until the 1994 survey made at Mr. Haselwood,s request, all parties, including the City of Bremerton, mistakenly believed that the legal descriptions contained in the respective deeds from the City described (i) the property actually occupied by Cascade,s regulator station since 1974, and (ii) the neighboring property Mr. Haselwood occupies purchased from Kitsap County as successor to the City. No party was misled as to the actual location of Cascade's regulator station or Mr. Haselwood,s retaining wall. It is simply a matter that neither of the legal descriptions matched the actual sites. Of course, due to the mutual mistake of all parties involved, Mr. Haselwood,s retaining wall MILLER, NASH, WIENER, HAGER & CARLSEN Mr. Gary T. Chrey - 2 - May 9, 1995 "encroaches" the same number of feet into Cascade's legally described property that Cascade's regulator station "encroaches" onto Mr. Haselwood's. It seems to follow that correcting the legal descriptions will put all parties in the position they intended to be. Aesthetic Changes. Erecting retaining walls around Cascade's regulator station does not follow logically from the parties' mutual desire for a boundary line adjustment. We regard these as separate issues. Cascade is willing to cooperate with Mr. Haselwood's request to construct an additional retaining wall on two sides of the regulator site and to insert slats in the gate, but not at Cascade's expense. The beneficiary of these aesthetic enhancements would be Mr. Haselwood's property and therefore these items should be done, if at all, at Mr. Haselwood's expense. Very truly yours, John L. West cc:/~of Bremerton Cascade Natural Gas Corporation ADMINISTRATIVE SERVICES KATHLEEN McCLUSKEY, DIRECTOR Jamas Jordan Attorney at Law 4400 Two Union Square 601 Union Seattle, WA 98101-2352 RE: Cascade Natural Gas Corporation Dear Mr. Jordan: Enclosed is a copy of the Statutory Warranty Deed between the City of Bremerton and Kitsap County for the ICatsap Mental Health property. Also enclosed Is a copy of the lease with Cascade Gas dated November 19, 1965. There were no earlier leases in my file. Please contact me If I can provide further Information. Sincerely, ~thleen ~ Mo~lusk~y, Dir~-~tor ^dmlnl~tmthte enclosure 239 4TH STREET · BREMERTON, WA98337 · (360)478-5290 · FAX(360)478-5200 ADMINISTRATIVE SERVICES · KATHLEEN McCLUSKEY, DIRECTOR August 31, 1995 Mr, James Jordan Attorney At ~w ~ Two Union Square ~1 Union Se~e, WA ~101-~ ~ar Mr. Jord~: En~osed Is ~e slgn~ d~on. ~ ~ r~ ~d ~rov~ ~ our ~ ~omey. ~e~e n~e~e ~ff~n on page ~. ~e ~ ~ ~ BI = pro,de ~y~dher Inform~lon. SIn~mly, KkM:~h enclosure 239 4TH STREET · BREMERTON, WA98337 · (360)478-5290 · FAX (360) 478-5200 MILLER, NASH, WIENER, HAGER & CARLSEN ATTORNEYS AND COUNSELORS AT LAW 4400 TWO UNION SQUARE PORTLAND OFFICe: 601 UNION STREET 3~oo u.s. SANCOR',' ~'OWER ut s.w. ~t~ra Argue SEATTLE, WASHINGTON 98101-2352 PORTLAND, OREGON 97204-369~ TELEPHONE (206) 622-8484 TI!LE~HON~ (503) 22+-~8 JAMES H. JORDAN, JR., P.C. FACSIMILE (206) 622-7,~85 ~AC$1~IILE (503) 224-0135 August 23, 1995 Ms. Kathleen McCluskey Director, Administrative Services City of Bremerton 239 Fourth Street Bremerton, WA 98337 Subject: Haselwood v. Cascade Natural Gas Corporation Dear Ms. McCluskey: Thank you for discussing the above-referenced case with me the other day and for providing a copy of the Bremerton-Kitsap deed (with your August 10, 1995 letter). As we also discussed, enclosed is a proposed declaration with exhibits for your and the City Attorney's review (and correction, if necessary), based on our discussions and documents in Cascade's files. I hope that we can use the declaration to avoid lengthy discovery on the City. If you or the City Attorney have any questions, please call. Thank you for your cooperation. Very truly yours, CITY OF BREMERTON ADMINISTRATIVE POLICIES AND PROCEDURES Subject: File Under Section: No. REAL PROPERTY: SURPLUS AND DISPOSAL F]iNANCE 1-6 Revision Date: Approved By: Council 6/29/8~ All Revisions Are Marked By An Asterisk (*) 1. ' Department Head routes memo to Clerk identifying prqperty to surplus. De~.;,,ent Head should provide a background discussion relative to the item. (i.e., when purchased, why, initial cost, why no lcager needed, etc. ) 2.Clerk routes this item to other City dep~'.h~nts to determine if there is a need for this prope~ty. If no need identified proceed. 3. A background package relative to the subject property is prepared by Clerk and submitted to the Planning Depa~.h~nt. Il 4. Planning Department will review item identified, provide any appropriate eonments and refer to the Planning Commissicn for evaluation. The Planning Conmission will submit a report to Council with a reconmendation to Sell, T~ade, Retain, etc., with a justification for the recc~mendatica. The Planning Cc~mission shall consider trades with respect to enhancing other City properties. 5. If Council action is to Sell/Trade, the subject properties will be evaluated for estimated value by a CertJ_fied Appraiser. The estimated value will be used ~s a basis for a minimum acceptable sale price. 6. Properties surplused shall be disposed of as follows: A) Ail property owners within 250 feet shall be notified via letter. B) Property shall be posted with a readily visible "For Sale" sign for sale by the City. C) Properties shall be advertised in the newspaper for a minimum of 10 days in the Real Estate section. 7. The properties will be sold via bid call with the appraised price set at the minimum acceptable sale price. 8. All surplus properties will be aggregated and surplused once a year. 9. The City Attorney's office shall prepare and. handle all closing with rsspect to any real properties sold or traded. 10. Ail funds derived from the sale of surplus properties, with the exception of the utilities, shall be returned to an appropriate fund as directed by the City Council 11. On a case basis the Council may waive any provisions of this procedure when an urgent compelling need is demonstrated. f LUJECT: MAP OR SURVEY IDENTIFICATIDN PARCEL IDENTIFICATION: Cascade Gas pump site Werner Road NO. DATE 6 Au§ 1991 OSTENSIBLE OWNER: City of Bremerton PROPERTY LOCATION LETTER OF OPINION as to JUST COMPENSATION It is my opinion that the "Fair Just Compensation" for the taking of a portion of the above described Parcel as illustrated an the above captioned map should be as follows: i~? ~.~ BREAKDOWN OF CONIPENSATION Land Value 1500 Sq Ft @ 2.57 $ 3,855.00 Improvement Value $_ Items $ $ $ Damages TOTAL "JUST COMPENSATION" DUE ............................... $ ~ nn Brief Description of the "Taking" and remarks: The value of the parcel is based upon the assessed vaTue ~f~t~he other parcels within the area according to the Kitsap County Assessor. The Haselwood parcels east of the City parcel are valued at @2.34 per sq ft plus 10% which is the true value and a total of $2.57 per sq ft. The property has been appraised for its fair market value as though owned in fee simple. All factual inJormalion used in this opinion and gathered Gore maps, public records and title companies is assumec to be correct as Iound. If any errors are found lhe appraiser reserves the right to modify the conclusions reached. No responsibility is assumed for matters of legal nature concerning the appraised property, nor of questions of survey. APPRAISER'S CERTIFICATE I hereby certify that I have no personal interest in the subject property and that no compensation is continge upon the amount al value certified. I further certify that I have personally inspected the subject property on 15 August 1991 ,19_ I understand that this appraisal is to be used in connection with the acquisition of righl of way and that thi.~ appraisal to lhe best of my knowledge has been made in comformity with the appropriate Slate Slatules applicable to lhe appraisal of right of way and no portion of the value assigned to such p~operty c~onsists ~f items which are noncompensable unde, lhe established laws of said stale. J ,-~- ,'~//-~-~ ~ <xk~,'-~__ ~--~,' 3' ' ': DATE OF APPRAISAL 6 August 1991 , 19 GErr~'Thofnbupgh ,Appraiser ~o construct, operaCe', MLQ~iLn, replace, and re~ve .~s p pelLue and sppur~e~nces, on ~he foll~Ln8 described proper~y s~ua~ed L~ ~he the ~U~eFXtM: 5f'Vernaf ~ad a dLsta~ of 309. ' t then~ S 0"~*'2~, a'dtbCnce of/'50.~ ~t. ~tO =~hJ true pof~t bestnuinS~ .t~e a 47'2x* , distance' of 25.~ ft.; thence S 0°~'22'~ a?dtac~e~of 30.~ ft.~ thence N 89°~7'21,S a dto~nce of' 25~ -fCic; '~euee. S G*' ~t22'~u"dtoCinco of 50.00 ft, ~ the :,~*~tn~ of./besi~tnS, stance tn ~cs~ ~nCy, grey,nS treeo~ dead. tra&~Or"a~Ae, ~.~ect~yely called~ "~Ker Crees", located on ~antor's land adjacent to. maid parcel of land, vhich, .~uld fall ~n or par~ lnc~udin8, vl~t l~tatlou; ~ ri{hi 'of .-~s~t uB~nr any outsells{ or future ,~8{a{ss {tvan to sncurt'fany'_~nds or oth~ ~ua fids indeb~ness of the Or~toe. five year tern. aC. c~ ~'~lt~'Of ~e initial three year ~tiod 'and '8uCc~ed; inS periods at an ~n~L ~ldlrat~n' to. be datelined ~ nes6tiatiou betvemn the Grantee and ~anCor, .. securi~8' chis Stent lo wl~ a,~l~' ~0' ~e any agre~n~ .~n re8ard to the subject mt~er her~f' ~hl~'to not,e~rosoed herein, and 't~t us ~ch asremfl~ ~ ~.~ ~ · , *, . ,. . .~ . ~ .. . ~ ~..~, ~.~ ~.,~. kT..~. ~ : ',~ ~'.. ~ '/,'. ~ . ' :~ , , ~he a-.~aoh~ng~o~.~a~n,.~.~t,'~e~ed. ~..~,. . . , . ~he ...v~h~n and ~ore /~:C~C ~~1~ said l~C~ng ~b~ e~'free, and" ~ '. ~ :. . . ., ,~ .. ~..~;~.~. ~,.. .,, .:. . ,~'~ . - ,a~ , , ,i,. [~e ~; . .. .~.7,~ ....... v~,~.~. ~,, . ......· ., ~ ~/~ ~. · ~ ..... ~ ~.., .... , . ~.~. .~-,.- . ,., . ,. = .~.' ... ~ .~... ,'~ . ~ · , . -.,,~... ,.... ,~: .;',c ... ,' . ~ , ~,~' ..~' ..,,/' . -..~ ,,.~,....~S.. T&~; . , . .' ~', ./.' . .~ ,~ :.~,~:...'~ ' ~'..~~ ~*r.~.~ . ~, * , ~ ~ ~' · . ". . "','~ . -, . .~:~,' ~:~" ... IN WT~ ~H~, X ha~e hereunto 8e% n~ hand a~d aff~od n~ off~cia~ oe~ tho day and year fXrot above written,