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HomeMy WebLinkAbout9201270085 KITSAP COUNT'{ $6, OD CHC!~ FILED-BY: BREMERTON CITY OF JNi 27~ 1~2, ~,O:b-'7 N'I Filed for Record at Request of: ,.~,, r; w~l..a.t~.IT0R :LERK: MILLER When Recorded Return to: ~EEL I[]1~:)~:) F~ ~ )~ Name B~eme~tom cSt~ 01e~ ~dd~e~ 239 ~o~th Street B~eme~tom, ~ashinqton 98310 STATUTORY WARRANTY DEED (For Use in the State of Washington Only) THE GRANTOR, POPE RESOURCES, a Delaware limited partnership, for and in consideration of One Million Seven Hundred Four Thousand One Hundred Fifty-eight Dollars ($1,704,158.00), conveys and warrants to the CITY OF BREMERTON, a municipal corporation, the following described real estate, situated in the County of Kitsap, State of Washington: Traot ~1 The East 1/2 of the NW 1/4; the West 1/2 of the NE 1/4; the West 1/2 of the SE 1/4 of Section 24, Township 24 North, Range i West, W.M. Traot ~2 The West 1/2 of the NE 1/4; the SE 1/4 of the NE 1/4 of Section 25, Township 24 North, Range 1 West, W.M. : ~ RESOURCES ~T~THTORY W3~:~R~NTY DEED -1- ~STATE OF WASHINGTON ) : ss. COUNTY OF KITSAP ) On this day, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared ~,~ /~ ~/a/z~.~. and respectively, of POPE RA~SOURCES,~ a Delaware limited partnership, the limited partnership that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited partnership, for the uses and pur~ses therein mentioned, and on oath stated that ;~ he W ~are authorized to execute the said instrument. WITNESS my hand and official seal hereto affixed this /~ day of ~ ~/~ ~ , 1991 _ ~ ~ ~'~t~y~Ubllc in and fo~he,' State of ~ { ~sh~ng~on, residing at ~-~ . % ,,% ~ '~ntment expires: ~F ~~. A.F. ~: 9~t2700~5 REEL STATUTORY WARRANTY DEED -2- Filed for Record at Request of: -- ~ ~ % %~ ~ ~ ~.00 ' ~ N C~ 'ILED-BY: BREMERT~ CITY OF ~ When Recorded Return to: -~ !AN 27, t992, lOLE~.,J~,/~ r~T~ l~ll WREN FLYNN~~ ~' Name Bremerton City Clerk :LERK: MILLE~'- Address 239 Fourth Street ~. F. #: ~2D127DE ,6 ~emerto~~ to 983 0~ ' REEL 0626 FR 2( )6  P~T~L RECONVEY~CE ~~ ~ U~ ~ ~e State of Washington_ Only) ~~d~si~ t~st~ under that certaln Deed of Trust dated December 3, 1985, in which POPE & TALBOT, INC., a Delaware corporation, POPE RESO~CES, INC., a Delaware corporation, (and/or POPE & TALBOT DEVELOPMENT, INC., and HOOD CANAL TIMBER, INC., a Washington corporation), is Grantor, and THE T~VELERS INSU~NCE COMPANY, a Connecticut corporation, is Beneficiary, recorded on December 6, 1985, as Auditor's File No. 8512060189, records of Kitsap County, Washington, having received under said Deed of Trust a written request to .reconvey a portion of the real property described in said deed, which request was approved by said Grantor, does hereby reconvey, without warranty, to the person(s) entitled thereto the right, title and interest now held by said Trustee in and to that portion of the real property described in said Deed of Trust, situated in Kitsap County, Washington, as follows: Traot ~1 The East 1/2 of the NW 1/4; the West 1/2 of the NE 1/4; the West 1/2 of the SE 1/4 of Section 24, Township 24 North, Range 1 West, W.M. P~TIAL RECONVEYANCE -1- Tr&ot #2 The West 1/2 of the NE 1/4; the SE 1/4 of the NE 1/4 of Section 25, Township 24 North, Range 1 West, W.M. DATED this ~ day of [~C~-- , 1991. RSON TITLE.COMPANY, INC. ~ '~st. Vice President BY: TRUSTEE STATE OF WASHINGTON ) EEL 0626 FR 2637 : ss. COUNTY OF l~T~4~( ) Jefferson On this day, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Rochelle Lewis &~ the Asst. Vice President mm~ ' F~~!~, of Jefferson Title Company, Inc., the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the ~ses and purposes therein mentioned, and on oath stated that ~he__ is/arm authorized to execute the said instrument. WITNESS my hand and official seal hereto affixed this 30th day of December , 1991. Notary Pub~ in and f~ the State of . ,-~ '~ ,~ Washington,~residing at Port Townsend ,' ~,',~., .., .'. ~ My appointment expires: 7~-o%q- ~ PARTIAL RECONVEYANCE -2- REAL ESTATE PURCHASE AGREEMENT THIS AGREEMENT is by and between POPE RESOURCES, a Delaware Limited Partnership, (hereinafter referred to as "Pope"), and the CITY OF BREMERTON, a municipal corporation of the State of Washington (hereinafter referred to as "Bremerton"). 1. ' i n : Bremerton agrees to purchase and Pope agrees to sell and convey, upon the terms and conditions contained herein, that real property located in Kitsap County, State of Washington, consisting of approximately 360 acres, legally described as: Tract #1 The East 1/2 of the NW 1/4; the West 1/2 of the NE 1/4; the West 1/2 of the SE 1/4 of Section 24, Township 24 North, Range 1 West, W.M. Tract//2 The West 1/2 of the NE 1/4; the SE 1/4 of the NE 1/4 of Section 25, Township 24 North, Range 1 West, W.M. (hereinafter referred to as "Pope Tracts"). 2. Value of Parcel: Bremerton and Pope agree that the fair market value and purchase price of the Pope Tracts is One Million Seven Hundred Four Thousand One Hundred Fifty-eight Dollars ($1,704,158.00)to be paid in full upon closing. 3. Contin~,encv of Auuroval of Title Encmnbrsnces: The status of the Seller's title will be shown in a preliminary commitment for an owner's standard coverage ALTA form title insurance policy issued by Ticor Title Insurance Company, and delivered to the Purchaser within fifteen (15)days of Bremerton's signature on this Real Estate Purchase Agreement. Said preliminary commitment shall have attached hereto photocopies of all documents shown as encumbrances to the title of the Seller. Purchaser must, within fifteen (15) days of delivery of said preliminary commitment by the Seller, approve in writing the title and encumbrances or defects thereof or give notice of unacceptable encumbrances. If the Purchaser does not give said written approval or if, within ten (10) days of the Seller's receipt of Purchaser's list of unacceptable encumbrances Seller does not agree in writing to remove those encumbrances objected to by the Purchaser at or prior to closing, this Real Estate Purchase Agreement shall, at the Purchaser's option, become null and void and all rights of the parties hereunder shall terminate. 4. Rieht to Enter Premis~: Bremerton, or their authorized agent, shall have the right, at reasonable times, to enter upon the tracts and make any and all inspections and to conduct and carry out said inspection, tests or surveys at their sole expense and liability. REAL ESTATE PURCHASE AGREEMENT -1- 5. Conveyance bv Statutory WarrantvDeed: At closing, fee title to the Pope Tracts shall be conveyed to the Purchaser by statutory warranty deed, subject only to those defects and encumbrances approved pursuant to Paragraph 3 above. 6. Possession: Subject to the limited right of entry pursuant to Paragraph 5 above, the Purchaser shall be entitled to possession of the tracts it purchases upon the closing of this transaction. 7. ~: This transaction shall be closed by the Bremerton City Attorney's Office. 8. Closiw, Costs and ProratiQn~: Pope agrees to pay for the costs to clear the Seller's rifle to the "Pope Tracts" including any delinquent property taxes and any real estate excise tax related to the "Pope Tracts". Real estate taxes for the year of closing, assessments and utilities constituting liens against the property shall be prorated as of closing. 9..C.191[~,__~1~: 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 Bremerton signed this Agreement in Paragraph 20. 10. ~: In the event that Pope or Bremerton shall engage an attorney or 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 attorneys fees, costs, and expenses incurred in any appeal thereof. 11. Notices: All notices sent to Pope or Bremerton pursuant 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 in address: For Pope Pope Resources c/o Ron Byers P. O. Box 1780 Poulsbo, Washington 98370 For Bremerton City Clerk 239 Fourth Street Bremerton, Washington 98310 Copy To William Duffy Utilities Director 3027 Olympus Drive Bremerton, Washington 98310 12. ~: Time is of the essence of this Real Estate Purchase Agreement. REAL ESTATE PURCHASE AGREEMENT -2- 13. Governin~Lawand Venue: 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. 14. Risk offs: The Seller shall deliver the premises and any personal property thereon to the Purchaser at closing in the same condition existing as of the date hereof. Risk of loss or damage to the Property and the personal property shall be borne by the Seller until the date of closing. Thereafter, the Purchaser shall bear the risk of loss. 15. ~: Neither Pope nor Bremerton'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. 16. Hea~n~: The hearings 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 aid in the construction of any term or provision hereof. 17. ~F,~llil~Aglgglll~: There are no verbal or other agreements which modify or affect this Agreement and Pope and Bremerton agree that this Real Estate Purchase Agreement constitutes the full and complete understanding between Pope and Bremerton. 18. Survival: Pope and Bremerton 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. 19. Limitation on Bremerton's Time for Acceutance: Bremerton shall have only until 5:00p.m. on the 15th day following the date of Pope Resources' signature below to accept this Agreement by delivering a signed copy thereof to Pope. If Bremerton does not so deliver a signed copy within said period, this Agreement shall lapse and ail rights of the parties hereunder shall terminate. 20. ~ Seller reserves the right to treat this sale as a tax deferred exchange under Section 1031 of the Internal Revenue Code. Purchaser agrees to execute all documents necessary to allow for such an exchange; provided, however, these documents impose no liability on Purchaser. Seller shall be responsible for all costs incurred to effect the tax deferred exchange as part of this transaction. POPE RESOURCES ~)SELLER REAL ESTATE PURCHASE AGREEMENT -3- CITY OF BREME~TON LOOIS ME-~N~OR, Mayor PURCHASER A'rrEsT: KATHLEEN L. McCLUSKEY, Clerk DEPARTMENTAL APPROVAL: WILLIAM DUFFY, Directb~,6f Utilities APPROVED AS TO FORM: '~A~q R.~' ~S~~ty Attorney REAL ESTATE PURCHASE AGREEMENT -4- STA' TICOR TITLE INSURANCE 48 0022 60 000205 Policy of Title Insurance CT TO THE EXCLUSIONS FROM 2. Any defect in or lien or encumbrance on the Title Association COVERAGE, THE EXCEPTIONS CON- title; Owner's Policy TAINED IN SCHEDULE B AND THE PROVl- (4-6-90) SIONS OF THE CONDITIONS AND STIPULA- 3. Unmarketability of the title. TiONS, TICOR TITLE INSURANCE COM- 4. Lack of a right of access tO and from the PANY OF CALIFORNIA, a California corpora- land. tion, herein called the Company, insures, as of Date of Policy shown in Schedule A, against The Company will also pay the costs, loss or damage, not exceeding the amount of attorneys' fees and expenses incurred in insurance stated in Schedule A, sustained or defense of the title, as insured, but only to the incurred by the insured by reason of: extent provided in the Conditions and Stipulations. 1. Title to the estate or interest described in This policy shall not be valid or binding until Schedule A being vested other than as countersigned below by an authorized signa- stated therein; × tory of the Company. Issued by: TICOR TITLE INSURANCE COMPANY OF CALIFORNIA PIONEER TITLE CO. OF KITSAP COUNTY 706 Pacific Avenue ~ Bremerton, WA 98310 By f~ President (206) 377-3771 -~ Attest / Secretary Authorized Signatory ALTA OWNER'S POLICY (4-6-90) Reorder Form No. ~'233 TICOR TITLE INSURANCE COMPANY TRANS TYPE SI RATE REISSUE INSU~CE 430 ~MOUNT OF FILE NUMBER POLICY Nq3MBER DATE OF POLICY INSURANCE PREMIUH J-119174 48 ~22 60 000205 J~NU~dqY 27, 1992 i,'704,158.~O 3,296.00 SCHEDULE A ALTA OWNER'S POLICY (4/06/90) Policy Number : 48 0022 60 ~O205 Order Number : J-119174 Date of Policy : JAlfJARY 27, 1992 10:58 A.M. Amount of Insurance : $1,704,158.~ , 1. Name of insured: CITY OF BREMERTON, A MUNICIPAL CORPORATION 2. The estate or interest in the land which is covered by this policy is FEE SIMPLE ESTATE 3. Title to the estate or interest in tile land is vested in: THE NAMED INSURED. 4. The land referred to in this policy is described as follows: FOR DESCRIPTION, SEE EXHIBIT A ATTACHED AND BY REFERENCE MADE A PART HEREOF. J-1!9174 EXHIBIT A TRACT 1: THE EAST HALF OF THE NORTHWEST QUARTER; THE WEST HAiti' OF THE NORTHEAST 0UARTER; THE WEST HALF OF THE SOUTHEAST QUARTER, SECTION 24, TOWNSHIP 24 NORTH, RANGE WEST, W.M., IN KITSAP COUNTY, WASHINGTON. TRACT 2: THE WEST HALF OF THE NORTHEAST QUARTER; THE SOUTHEAST QUARTER OF THE ~ORTHEAST QUARTER, SECTION 25 TOWNSHIP 24 NORTH, R/LNGE 1 WEST, W.M., IN KITSAP COUNTY, WASHINGTON. END OF EXHIBIT A J.-119174 SCHEDULE B This policy does not. insure against loss or damage (and the Company %~'~1] not pa~' costs, attorneys' fees or expenses) which arise by reason of: GENERkL EXCEPTIONS: Rights or claims of parties in possession not sho%m by the public B. Encroachments, overlaps, boundary line disputes, or other matters ~ich would be disclosed by an accurate survey. C. Easements, or claims of easements, not shown by the public records. D. Any lien, or right to a lien, for contributions to employee benefit !unds~ or for state workers' compensation, or for services~ labor, or material heretofore or hereafter fur~ished, all as imposed by law, and not sho~zn by the public records. E. Taxes or special assessments which are uot shown as existing liens by public records. F. Any service, installation connection, maintenance o~ construction charges for sewer~ water, electricity, or garbage collection and d~sposal. G. Reservations and exceptions in United States Patents or in Acts a~thc, riz~ng the issuance thereof. Indian tribal codes or regulations, Indian treaty aboriginal rights, including easemenLs or equitable servitues. H. Water rights, claims or title to water. SPECIAL EXCEPTIONS: 1. GENERAL TAXES FOR 1992 ARE CLASSIFIED FOREST LAND AMOUNT :NOT DISCLOSED PARCEL NO. :242401-1-~O1-1008 LECY CODE :6029 2. GENERAL TAXES as follows, plus interest after delinquency: First half delinquent May 1; Second half delinquent November 1; Year : 1992 Amount billed : $92.48 Amount paid : -0- Amount due : $92.48 Tax account no. : 2424~1.-3-~1--1004 Tax levy code : 8030 J-I19174 3. GENERAL TAXES as follows, plus interest, after delinquency: First hall delinquent May 1; Second half delinquent November 1; Year : 1992 Amount billed : $92.48 Amount paid : -O- Amount due : $92.48 Tax account no. : 242401-~i-OO1-tOO7 Tax levy code : 8030 4. AN EASEMENT with provisions~ conditions and covenan%s as may be therein. For : FENCES, GATES OR OTHER IMPROVEMENTS WHICH ARE ON THE GROUND WILL BE PRESERVED In Favor of : STATE DIVISION OF FORESTEY Reflected of record by instrument Recorded : AUGUST 30, 1937 Auditor's No. : 270459 BOOK 220 OF DEEDS, PAGE 490 Affects : WEST HALF OF THE WEST HALF OF EAST HALF SECTION 24, TOWNSHIP 24 NORTH, RANGE 1 WEST, W.M., IN KITSAP COUNTY, WASHINGTON 5. AN EASEMENT with provisions, conditions and covenants as may be set f~rtr~ therein. For : PURPOSES OF CONTRUCTION, RECONSTRUCTION, t]Sl'~ AND MAINTENANCE OF A ROAD OR ROADS In Favor of : STATE OF WASHINGTON Reflected of record by instrument Recorded : APRIL 25, 1975 Auditor's No. : 1088149 Affects : EAST HALF OF NORTHWEST QUARTER; SOUTHWEST QUARTER OF THE NORTHEAST QUARTER; WEST HALF OF THE SOUTHEAST QUARTER; SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION ~4; THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 25 **ALL IN TOWNSHIP 24 NORTH, R~GE 1 WEST, W.]~i. · IN KITSAP COBNTY, WASHINGTON. .END OF SCHEDULE J-!19!74 PURCHASER'S CLOSING STATEMENT SELLER: POPE RESOURCES, a Delaware limited partnership PURCHASER: CITY OF BREMERTON LEGAL DESCRIPTION: Tract ~1 The East 1/2 of the NW 1/4; the West 1/2 of the NE 1/4; the West 1/2 of the SE 1/4 of Section 24, Township 24 North, Range i West, W.M. Tract ~Z The West 1/2 of the NE 1/4; the SE 1/4 of the NE 1/4 of Section 25, Township 24 North, Range i West, W.M. PURCHASER MUST PAY Total Purchase Price $1,704,158.00 ADD Purchaser's Closing Costs to to Cash Payment Payable at Closing: Title Insurance Premium Pioneer Title Company $3,553.09 Recording Fee for Statutory Warranty Deed (Kitsap County Auditor) 8.00 1% Excise Tax Affidavit Processing Fee (Kitsap County Treasurer) 2.00 Total Purchaser's Closing Costs $3,563.09 ( 3,563.09) TOTAL CASH REQUIRED FROM PURCHASER TO CLOSE $1,707.721.09 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 PURCHASER'S CLOSING STATEMENT -1- party or parties liable therefo~ ACCEPTED AND APPROVED this ~--~ ~ day of ~-~-~-~ , 1991. CI~ B~/MERTON Bremerton City Attorney PURCHASER'S CLOSING STATEMENT -2- SELLER'8 CLOSING STATEMENT SELLER: POPE RESOURCES, a Delaware limited partnership PURCHASER: CITY OF BREMERTON LEGAL DESCRIPTION: Tract ~ The East 1/2 of the NW 1/4; the West 1/2 of the NE 1/4; the West 1/2 of the SE 1/4 of Section 24, Township 24 North, Range 1 West, W.M. Tract ~Z The West 1/2 of the NE 1/4; the SE 1/4 of the NE 1/4 of Section 25, Township 24 North, Range i West, W.M. AMOUNTS DUE SELLER Total Purchase Price $1,704,158.00 REDUCED by Seller's Closing Costs: Recording Fee for Partial Reconveyance (Kitsap County Auditor) $8.00 Total Seller's Closing Costs $8.00 ( 8.00) TOTAL CASH REQUIRED FROM PURCHASER TO CLOSE $1.704.150.00 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 ~ , 1991. POPE RESOURCES B¥i SELLER'S CLOSING STATEMENT .I I 82.45 ROW "! , '~ ~ ~,'I~ (1) ~C~E (RCW)M.~o~W~.~) ExciseTax; ~ ~ ~,~ T< 8T~ W~TON ~T ~F~ S TRUE (3) ~TI~ ~ C~IA~E [~pter ~.~ RC~ S~A~ ~~:T~'~ ~ ~ ' "'"' ' ' Addre~ ~ ~s~e ~ ~ce of ~ of ~n ~lng (specify): .x~? TAXPAYER EXH'rB?T Tract ~1 The East 1/2 of the NW 1/4; the West 1/2 of the NE 1/4; the West 1/2 of the SE 1/4 of Section 24, Township 24 North, Range i West, W.M. Tract ~2 The West 1/2 of the NE 1/4; the SE 1/4 of the NE 1/4 of Section 25, Township 24 North, Range 1 West, W.M. P.~ENDA BILL BRENERTON CITY COUNC'rL ~. SUB~ECT~ FOR AGENDA OF :. REAL ESTATE PURCHASE AGREEMENT - ORIQINATING DEPT. POPE RESOURCES ORIGINATOR: DATE SUBMITTED: October 22, ~991 Z. CLEARANCES: (co_~ez~/~n back 3. EXHIBITS: i~nec~s/ary) City Attor~ MEaX~hange/Purchase Agreement City Treas~_r~ ' 4. SUMMARY STATEMENT AND REOUI~NRWT FOR COUNCIL ACTION' The Union River and its tributaries, a surface supply source, provide approximately 50% of the City's domestic water supply. The passage of the Amendments to the Safe Drinking Water Act in 1986 required the Utility to review its management of this resource with respect to its protection. (Please .see page 2 for continuation) 5. RECOMMENDATION: The City Council approve the attached purchase agreement between the City of Bremerton and Pope Resources, Inc. and authorize the Mayor to execute said contract subject to City of Bremerton Administrative Policies and Procedures. 9. RESPONSIBLE OFFICIAL: Utilities Director ENFORCEMENT OFFICIAL: Utilities Director EXPIRATION DATE: N/A REVIEW DATE: N/A 10. O I OF CT ON PULLED [] TABLED~~PROVED ~ DI.SAppRTD [] AMENDED [] COUNCIL D RECTI, : Nov ~. AGENDA EILL .O..' g/- J CLEARANCE COMMENTS: 4. SUMMARY STATEMENT ~ REOUIRBMBNT POR COUNCIL ACTIONs - CCont~nuation) The City Council in 1986 authorized the Utility to develop a management plan which was adopted by Resolution #2135 on October 15, 1986. The management plan provides for the acquisition of properties adjacent to existing and future water supply and storage area to provide protectin of those supplies. Attached for City Council consideration is a purchase agreement betweem tie City of Bremerton and Pope Resources, Inc~ The ~urchase involves 360 ~cres of Pope Resources, ~nc. parcels(~ltuated in Sections 24 and 25, Township 24 North, Range i West~nd bordering existing Utilities properties. The total value is $1,704, 15~. The purchase of the Pope Resources, Inc. properties will provide protection of the Utility's Union River watershed facilities. 5. IMPACT ON NON-PASSAGE: Non-acquisition of property adjacent to and within Union River watershed. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EOUIPNENTANDOTHBR RESOURCES: staffina: N/A Budqet: The expenditure of $1,704,158 from the Utility's Land Acquisition Account. Facilities: N/A E~uiDment: N/A 7. RESEARCH SOURCES~ Utility Land Management Plan Water Resource Study /~Release #29 The undersigned beneficiary is the legal owner and holder of the Promissory Note in the original amount of $22,500,000.00 secured by that certain Deed of Trust dated December 3, 1985, in which JEFFERSON TITLE COMPANY is the "Trustee", and POPE & TALBOT, INC., a Delaware Corporation, POPE RESOURCES, INC., a Delaware Corporation, (and/or POPE & TALBOT DEVELOPMENT, INC., by name change) and HOOD CANAL TIMBER, INC., a Washington Corporation, (collectively "Grantor"), recorded on December 6, 1985, under Recording No.: 8512060189 in the records of KITSAP County, Washington. You are requested to reconvey, without warranty, to the person(s) entitled thereto the right, title or interest now held by you thereunder in and to that portion of the real property described in said Deed of Trust, situated in KITSAP County, Washington, as follows: TRACT 1: The East Half of the Northwest Quarter; the West Half of the Northeast Quarter; the West Half of the Southeast Quarter, section 24, Township 24 North, Range 1 West, W.M., in Kitsap County, Washington. TRACT 2: The West Half of the Northeast Quarter; the Southeast Quarter of the Northeast Quarter, Section 25, Township 24 North, Range 1 West, W.M., in Kitsap County, Washington. The Travelers Life & Annuity Company (Beneficiary) Dated: 12-1 - ?1 Ey: S. Torsiello Title: Assistant Director One Tower Square Hartford, CT 06183 CZTY OF BRE~ERTON CZTY CLEI~"S OFFZCE ME MO R&N DUH Date: November 15, 1991 To: ~&ok4e Dixon, C4ty Attorney,s Of£ioe Re: Pope Resouroos Attached is one copy each of the Real Estate Purchase Agreement and Real Estate Exchange/Purchase Agreement with Pope Resources. We have retained the original of each for our records. It is our understanding your office will finalize the documents. attachments OFFICE OF THE CITY ATTORNEY · lAN R. SIEVERS, CITY ATTORNEY December 18, 1991 Jefferson Title Company, Inc. P. O. Box 256 Port Townsend, Washington 98368 Re: Partial Reconveyance of Deed of Trust TO WHOM IT MAY CONCERN: Please find enclosed with this letter a Request for Partial Reconveyance, issued by Travelers Life and Annuity Company, and a Partial Reconveyance regarding a Deed of Trust between Pope & Talbot, Inc., a Delaware corporation, Pope Resources, Inc., a Delaware corporation, (and/or Pope & Talbot Development, Inc., and Hood Canal Timber, Inc., a Washington corporation), as Grantor; Jefferson Title Company, Inc., as Trustee; and The Travelers Insurance Company, a Connecticut corporation, as Beneficiary. Please execute the Partial Reconveyance and return it to our office in the enclosed, self-addressed, stamped envelope. Mr. Tom Ringo, of Pope Resources, is this day forwarding a check to you in the amount of $42.00 for your reconveyance fee in this matter. We would appreciate your immediate attention to this matter, as we are working to close this transaction before the end of the year. Please do not hesitate to call me if you have any questions in this regard. Thank you for your assistance. Sincerely, JA~ R. DIXON Legal Assistant to IAN R. SIEVERS Enclosures: as cited cc: Mr. Tom Ringo, Vice President-Finance, Pope Resources / Kathleen McCluskey, Administrative Services Director~ William Duffy, Utilities Director 239 4THSTREET · BREMERTON, WA98310 · (206) 478-5345 OFFICE OF THE CITY ATTORNEY · IAN R. SIEVERS, CITY ATTORNEY Gateway to the Olympics and Home of the Puget Sound Naval Shipyard December 18, 1991 Mr. Tom Ringo Vice President-Finance Pope Resources 19245 Tenth Avenue Northeast P. O. Box 1780 Poulsbo, Washington 98370 Re: Pope Resources/City of Bremerton Real Estate Purchase Dear Tom: Pursuant to my telephone conversations with you today, please find enclosed with this letter the following: 1. Original and a copy of the Statutory Warranty Deed between Pope Resources, as Grantor and City of Bremerton, as Grantee; 2. Original and a copy of the Seller's Closing Statement; 3. Copy of the Purchaser's Closing Statement; 4. Copy of 1% Excise Tax Affidavit for the subject property; 5. Copy of Request for Partial Reconveyance, issued by The Travelers Life and Annuity Company; and 6. Copy of Partial Reconveyance for signature of Jefferson Title Company, Inc., as Trustee. Please review the Statutory Warranty Deed and Seller's Closing Statement and if these documents meet with your approval, please see that they are executed and return them to our office for processing and closing. It is my understanding that you will, this day, be forwarding a check in the amount of $42.00 to Jefferson Title Company in Port Townsend, as and for their reconveyance fee for signing the Partial Reconveyance. Upon receipt of the signed Statutory Warranty Deed and Seller's Closing Statement from Pope Resources and the signed Partial 239 4TH STREET · BREMERTON. WA 98310 · (206) 478-5345 .~,, r~,,a omo.,,,,,~ Mr. Tom Ringo PageDeCember 18, 19912 ~0~ Reconveyance from Jefferson Title Company, I will imm~i~t~f contact you so that you may come to our office to collect~ e proceeds for this transaction on behalf of Pope Resources. Please feel free to call me if you have any questions in this regard. Thank you for all of your assistance and cooperation in this matter. /~incerely, ~ JA~KIE R. DIXON L~al Assistant to IAN R. SIEVERS Enclosures: as cited cc/w/enc: Ms. Kathleen McCluskey, Administrative Services Director/ Mr. William Duffy, Utilities Director omcE OF WE can ^rrOR ¥ · R. StEWRS, A rOR Y January 9, 1992 Jefferson Title Company, Inc. P. O. Box 256 Port Townsend, Washington 98368 Re: Partial Reconveyance of Deed of Trust TO WHOM IT MAY CONCERN: Please find enclosed a check in the amount of $7.00 that was sent to our office, made payable to the Kitsap County Auditor, which I assume was meant to be used as the recording fee for the Partial Reconveyance between Pope Resources and the City of Bremerton (a copy of which document I have enclosed herein for your reference). I am returning the check because Pope Resources was charged for the recording fee of the Partial Reconveyance out of the proceeds of sale which fee was $8.00. The $7.00 should be sent to Pope Resources, in care of Tom Ringo, Vice President-Finance, 19245 Tenth Avenue Northeast, P. O. Box 1780, Poulsbo, Washington 98370. Please feel free to call our office if you have any questions in this regard. Thank you for your assistance in this matter. Very truly yours, ~ JAC~IE R. DIXON L~g~l Assistant to IAN R. SIEVERS Enclosure: as cited cc: Mr. Tom Ringo, Vice President-Finance, Pope Resources 239 4TH STREET · BREMERTON, WA 98310 · (206) 478-5345 OFFICE OF THE CITY A'UI'ORNEY · lAN R. SIEVERS, CITY AT'FORNEY C, att, um~ to the Ol~rnlafirs and Hon.~ of th~ Pugt4 ~ound Naoal Sh~oyard January 9, 1992 Mr. Tom Ringo Vice President-Finance Pope Resources 19245 Tenth Avenue Northeast P. O. Box 1780 Poulsbo, Washington 98370 Re: Pope Resources/City of Bremerton Real Estate Purchase Dear Tom: Please find enclosed conformed copies of the following documents for your information and file: 1. Statutory Warranty Deed; 2. 1% Excise Tax Affidavit for the subject property; 3. Partial Reconveyance; 4. Seller's Closing Statement; and 5. Purchaser ' s Closing Statement. You may already have conformed copies of some of these, but I wanted to make sure. Give me a call if you have any questions in this regard. Very truly yours, ~AC~IE R. DIXON I~l Assistant to IAN R. SIEVERS Enclosures: as cited 239 4TH STREET · 8REMERTON, WA 98310 · (206) 478-5345 .~,, O,,a ez~..~, ADMINISTRATIVE SERVICES · KATHLEEN Mc, CLUSKEY, DIRECTOR Gateway to the Olympics and Home of the Puget Sound Naval Shipyard America's Most Liveable City January 13, 1992 Ticor Title Insurance Co. 706 Pacific Avenue Bremerton, WA 98310 Attn: Kathy Re: J-119174 Pope Resources: Sellar City of Bremerton: Purchaser Dear Kathy: Enclosed is our check on the amount of $3,553.09 in payment of Title Insurance Premium. Sincerely, Kathleen L. McCluskey Director of Administrative Services KLM:eh enclosure 239 4TH STREET · BREMERTON, WA 98310 · (206) 478-5290 "A Tradition of Excellence" STEWART TITLE COMPANY 995~ Micko~r~ Boa~..w., suite 204 P.O. Box 3607 Ja nua r y 1 7 t 19 9 9 OF KITSAP COUNTY, INC. Silverdale, W~hin~on ~3 (2~) 692~141 or (2~) ~3-~ -- ~affie Line CItY O~ BRENER~ON F~.(2~)692-5569 CITY CLERK 1-~-2823 239 4TH STREET BREMERTON, WA 98310 RE: Our Escrow Number: 31005489 POPE RESOURCES/CITY OF BREMERTON Property: KITSAP COUNTY PROPERTY Dear Sir/Ms.: In connection with the above-captioned transacLion, we have enclosed herewith the following: SUPPLEMENTAL NO. 1 TO CO~ITMENT Please feel free to contact the undersigned if you have any questions. Very truly yours, Laura Bordo Escrow Assistant jb Enc. 8/88 STEWART TITLE COMPANY OF KITSAP COUNTY, INC. 9951 Mickelberry Road, N.W., Suite 201 P.O. Box 3607 Silverdale, Washington 98383 (206) 692-4141 SUPPLEMENTAL COMMITMENT REPORT STEWART TITLE - ESCROW DEPT. Title Order No.: 32005742 P.O. BOX 3607 SILVERDALE, WA. 98383 Supplemental No.: 1 Attention: L.J./31-5489 Customer Reference: POPE RESOURCES/BREMERTON The following matters affect the property covered by this order: LEGAL DESCRIPTION IS AMENDED AS HERETO ATTACHED THE FOLLOWING PARAGRAPHS HAVE BEEN ADDED TO SPECIAL EXCEPTIONS: 8. GENERAL TAXES: PAYABLE ON FEBRUARY 15TH: YEAR: 1992 AMOUNT: $290.77 TAX ACCOUNT NUMBER: 352401-1-001-1005 LEVY CODE: 8179 NOTE: SAID AMOUNT HAS NOT YET BEEN CERTIFIED BY THE KITSAP COUNTY ASSESSOR AND IS SUBJECT TO POSSIBLE CHANGE. AFFECTS: PORTION OF PARCEL A 9. GENERAL TAXES: PAYABLE ON FEBRUARY 15TH: YEAR: 1992 AMOUNT: $52.51 TAX ACCOUNT NUMBER: 262401-4-001-1000 LEVY CODE: 8179 NOTE: SAID AMOUNT HAS NOT YET BEEN CERTIFIED BY THE KITSAP COUNTY ASSESSOR AND IS SUBJECT TO POSSIBLE CHANGE. AFFECTS: PORTION OF PARCEL A Continued on next page Page I .A SUPPLEMENTAL REPORT - continued Order No.: 32005742 Supplemental No.: 1 10. GENERAL TAXES: PAYABLE ON FEBRUARY 15TH: YEAR: 1992 AMOUNT: $80.17 TAX ACCOUNT NUMBER: 142401-3-003-1004 LEVY CODE: 6020 NOTE: SAID AMOUNT HAS NOT YET BEEN CERTIFIED BY THE KITSAP COUNTY ASSESSOR AND IS SUBJECT TO POSSIBLE CHANGE. AFFECTS: PARCEL B 11. GENERAL TAXES: PAYABLE ON FEBRUARY 15TH: YEAR: 1992 AMOUNT: $240.66 TAX ACCOUNT NUMBER: 252401-1-001-1007 LEVY CODE: 8030 NOTE: SAID AMOUNT HAS NOT YET BEEN CERTIFIED BY THE KITSAP COUNTY ASSESSOR AND IS SUBJECT TO POSSIBLE CHANGE. AFFECTS: PARCEL C AND OTHER PROPERTY 12. GENERAL TAXES: PAYABLE ON FEBRUARY 15TH: YEAR: 1992 AMOUNT: $184.76 TAX ACCOUNT NUMBER: 242401-3-001-1004 LEVY CODE: 8030 NOTE: SAID AMOUNT HAS NOT YET BEEN CERTIFIED BY THE KITSAP COUNTY ASSESSOR AND IS SUBJECT TO POSSIBLE CHANGE. AFFECTS: PARCEL D AND OTHER PROPERTY Except as to the matters reported hereinabove, the title to the property covered by this order has NOT been re-examined. Dated as of January 16, 1992 at 8:00 A.M. STEWART TITLE GUARANTY COMPANY EXHIBIT "A" ORDER NO.: 32005?42 PARCEL A THE NORTH HALF OF THE NORTHEAST QUARTER; THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER; THE EAST HALF OF THE NORTHWEST QUARTER; THE SOU?HHALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER; THE EAST THREE-QUARTERS OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER; AND THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, ALL IN SECTION 35, TOWNSHIP 24 NORTH, RANGE i WEST, W.M., IN KITSAP COUNTY, WASHINGTON; ALSO THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER, SECTION 26, TOWNSHIP 24 NORTH, RANGE I WEST, W.M, IN KITSAP COUNTY, WASHINGTON. PARCEL B THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER; THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; AND THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER, ALL IN SECTION 14, TOWNSHIP 24 NORTH, RANGE 1 WEST, W.M., IN KITSAP COUNTY, WASHINGTON. PARCEL C THE EAST HALF OF THE NORTHWEST QUARTER, SECTION 25, TOWNSHIP 24 NORTH, RANGE 1 WEST, W.M., IN KITSAP COUNTY, WASHINGTON; PARCEL D THE EAST HALF OF THE SOUTHWEST QUARTER, SECTION 24, TOWNSHIP 24 NORTH, RANGE 1 WEST, W.M., IN KITSAP COUNTY, WASHINGTON. END OF EXHIBIT "A" OFFICE OF THE CITY ATFORNEY · LAN R. SIEVERS, CiTY A'ITORNEY G~tezo~ to the Ol~mp~s m~ Hom~ of t~ ~ ~ Nmml ~l~r~ January 27, Mr. Tom Ringo Vice President-Finance Pope Resources 19245 Tenth Avenue Northeast P. O. Box 1780 Poulsbo, Washington 98370 Re: Pope Resources/City of Bremerton Real Estate Transacti~ Dear Tom: Please fred enclosed with this letter conformed copies of me Partial Reconveyance, Statutory Warranty Deed and i % Real Estate Excise Tax Affidavit, reg--_ the above-referenced transaction, for your information and file. Give me a call if you have any questions. Sincerely, /\ JA~KIE R. DIXON Legal Assistant to IAN R. SIEVERS Enclosures: as cited cc/w/enc: William Duffy, Director of Utilities / cc: Kathleen McCluskey, Director of Administrative Services 239 4TH STREET · BREMERTON, WA 98310 · ~6) 478-5345