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HomeMy WebLinkAboutLOT 6, T3 and LOT 1,T6 Record at Request of: When Recorded Return to: Name Dr. Michael Connolly Address Olympic Colleqe 1600 Chester Bremerton, WA. 98310 STATUTORY WARP~%NTY DEED (For Use in the State of Washington Only) THE GRANTOR, CITY OF BREMERTON, a municipal corporation, for and in consideration of good and valuable consideration, conveys and warrants to the STATE OF WASHINGTON, State Board for Community College Education on behalf of Community College District 3, OLYMPIC COLLEGE, the following described real estate, situated in the County of Kitsap, State of Washington: Wi%P.REN AVENUE BITE Lot 6, Tract 3, of Warren Smith's Acre Tracts, as recorded in Vol. 2, pg. 51 of Plats, records of Kitsap County, Washington, Except the south 4.5 feet of the East 1/2, and except the east 20 feet for Elizabeth Ave., and except the west 15 feet for Warren Ave. ALSO The West 1/2 of Lot 7 Tract 3, of Warren Smith's Acre Tracts, as recorded in Vol. 2, pg. 51 Plats, records of Kitsap County, Washington, Except the west 15 feet for Warren Ave., and except the east 3 feet of the west 18 feet of the south 66 feet, and except the south 8 feet of the east 12 feet of the west 30 feet. BROADWAY SITE That portion of Lot 1, Tract 6, Plat of Warren Smith's Acre Tracts, according to plat recorded in Volume 2 of Plats, Page 51, in Kitsap County, Washington, described as follows: STATUTORY WARRANTY DEED -1- Beginning on the north line of Ralph Street at a point which is 259.57 feet west of the southeast corner of said Lot 1; thence north 20 feet parallel to the west line of said tract and the True Point of Beginning; thence east parallel to the south line of said tract a distance of 7 feet; thence along the arc of a curve to the left said acre having a radius of 42 feet and a central angle of 90 degrees a distance of 65.97 feet; thence north parallel to said line a distance of 65.08 feet; thence west parallel to said south line a distance of 49 feet; thence south parallel to said west line to the True Point of Beginning. SUBJECT TO: Easements of record. DATED this y of ~ C,I---~LC--- , 1994. CITY OF BREMERTON LYNN HORTON, Mayor ST: KA~LEEN L. McCLUSKEY, Clerk IAN R. $~EVERS, City Attorney STATE OF WASHINGTON ) : ss. COUNTY OF KITSAP ) On this day personally appeared before me Lynn Horton, Bremerton City Mayor, and Kathleen L. McCluskey, Bremerton City Clerk, of the City of Bremerton, the municipal corporation described in and that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument on behalf of said corporation. GIVEN under my hand and official seal this ~ day of /~,?~/~ , 1994. Notar~ Public in and for the State of Washington, residing at My appointment expires: //,/~--~ , ~.. STATUTORY WARRANTY DEED -2- ~ARRE~.$~ - 2128194 REAL ESTATE PURCHASE AGREEMENT THIS AGREEMENT is by and between the CITY OF BREMERTON, a Washington municipal corporation, (hereinafte? referred to as "Seller") and the STATE OF WASHINGTON, State Board for Community College Education on behalf of Community College District 3, OLYMPIC COLLEGE, (hereinafter referred to as "Purchaser"). 1. DESCRIPTION OF PARCELS: Purchaser agrees to purchase and Seller agrees to sell and convey, upon the terms and conditions contained herein, that real property located at Warren and 17th (Warren Ave Site) Broadway and 15th (Broadway Site), Bremerton, situated in Kitsap County, State of Washington, legally described in Exhibit "A" attached hereto and incorporated herein by reference (hereinafter referred to as "Warren Avenue and Broadway Sites"). 2. NEED FOR LAND/CITY PROPERTIES ADJACENTTO OLYMPIC COLLEGE: Olympic College has a need to acquire additional land adjacent to its campus at 16th and Chester in Bremerton, Washington for instructional programs now separated from the main campus and other educational uses. The City owns certain real property adjacent to Olympic College, generally known as the Warren Avenue and Broadway Sites described hereinabove. 3. PAYMENT: The parties have reviewed an appraisal of the sites to be purchased under this Agreement, conducted by Richards & Associates on December 2, 1992, and have agreed that the fair market value of the sites is Two Hundred Thirteen Thousand Five Hundred Dollars ($213,500.00)and said sum is agreed to be the purchase price for the above property. 4. CONTINGENCY OF APPROVAL OF TITLE ENCUMBRANCES: The status REAL ESTATE PURCHASE AGREEMENT -1- 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 Land Title Company of Kitsap County, which commitment will be obtained by the SEller at the Seller's expense, and delivered to the Purchaser within fifteen (15) days of the Purchaser's signature on this Real Estate Purchase Agreement. Said preliminary commitment shall have attached thereto photocopies of all documents shown as encumbran.ces 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 thereto 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. 5. CONVEYANCE BY STATUTORY WARRANTY DEED: At closing, fee title to the Warren Avenue and Broadway Sites shall be conveyed to the Purchaser by Statutory Warranty Deed, subject only to those defects and encumbrances approved by the Purchaser pursuant to Paragraph 4 above. 6. TITLE INSURANCE: At closing, the Seller agrees to provide, at its expense, an owner's standard ALTA form policy of title insurance issued by Land Title Company of Kitsap County, said policy containing, in addition to the normal printed exceptions, only those defects and encumbrances approved by the Purchaser pursuant to Paragraph .4 above. 7. POSSESSION: Purchaser shall be entitled to possession of the tract upon the closing of this transaction. REAL ESTATE PURCHASE AGREEMENT -2- College. Agt - RealEst= - I 1/29/93 8. ESCROW CLOSING AGENT: This transaction shall be closed by the Bremerton City Attorney, located at 239 Fourth Street, Bremerton, Washington. 9. CLOSING COSTS AND PRORATIONS: The Seller agrees to pay for the costs of clearing the Seller's title to the Warren Avenue and Broadway Sites, including any real estate excise tax related to the Warren Avenue and Broadway Sites. Utilities constituting liens against the property shall be pro-rated as of closing. Any assessments shall be paid by the Seller. This Real Estate Purchase Agreement shall not be recorded. 10. 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 the Purchaser signed this Agreement; Provided, however, Seller may extend closing upon notice to the Purchaser at least two days prior to closing to allow relocation of City equipment and controls at the City's public works complex now under construction, but no later than March 1, 1994. 11. INSPECTION OF PROPERTY- AS IS: (a) Mutual. Independent Inspection. Purchaser represents and warrants to Seller that it has completed, prior to the effective date of this Agreement, to its complete satisfaction, all appropriate inspection of the respective Warren Avenue and Broadway Sites and accepts the same, AS IS, with all defects subject to the indemnity as to hazardous waste provided paragraph 1 l(c) below. Co) No Warranties as to Suitability. Seller makes no representation, covenant or warranty with respect to the condition of the Warren Avenue and Broadway Sites, nor of any improvement to the premises of the site, nor as to the suitability for or conformity of the premises of the site to any past or desired present or future land use, or to any building REAL ESTATE PURCHASE AGREEMENT -3- Collcg~,Agt - RealEst¢ - 11/29/93 Federal Toxic Substances Control Act, 15 U.S.C. §2601 et Federal Safe Drinking Water Act, 42 U.S.C. §300fet seo_. 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. ii. The Purchaser shall transmit to Seller 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. Seller 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 Seller in settlement, ordered by a court or governmental agency an undertaking on its own initiative upon discovery of a release or potential release of hazardous substances, Seller shall be granted reasonable access to the site to supervise remedial actions. Such actions shall be performed in a reasonable manner so as to minimize disruption of Purchaser's uses of the site. Once remedial action is completed, the site shall be restored to the Seller to the condition immediately prior to undertaking remedial action; Provided, The Seller may REAL ESTATE PURCHASE AGREEMENT -5- pay the fair market value of improvements in lieu of reconstruction. Excavation and drilling currently under contract to removal or treat petroleum hydrocarbon contaminated soils or groundwater at the Warren Ave. site shall, be completed by March 1, 1994 except for monitoring/purging wells. 12. ATTORNEY'S FEES: In the event that the Seller or the Purchaser 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 incurred in any appeal thereof. 13. NOTICES: All notices sent to the Seller or the Purchaser 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 of address: For the Seller: Kathleen L. McCluskey Bremerton City Clerk 239 Fourth Street Bremerton, Washington 98310 For the Purchaser: Dr. Michael Connolly Dean of Business Services Olympic College 1600 Chester Bremerton, Washington 98310 14. TIME OF ESSENCE: Time is of the essence of this Real Estate Purchase Agreement. 15. GOVERNING LAW AND 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~ 16. RISK OF LOSS: 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 REAL ESTATE PURCHASE AGREEMENT -6- hereof. Risk of loss or damage to the premises or the personal property shall be borne by the Seller until the date of closing. ~hereafler, the Purchaser shall bear the risk of loss. 17. ASSIGNMENT: Neither the Seller's nor the Purchaser'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. 18. 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. 19. ENTIRE AGREEMENT: There are no verbal or other agreements which modify or affect this Agreement and the Seller and the Purchaser agree that this Real Estate Purchase Agreement constitutes the full and complete understanding between the Seller and the Purchaser. 20. CERTIFICATION OF AUTHORITY: Each person signing this Agreement or a counterpart hereof, certifies her or his respective authority duly granted by the appropriate constituency. 21. SURVIVAL: The Seller and the Purchaser 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. 22. 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 REAL ESTATE PURCHASE AGREEMENT -7- accepted by all parties. Date LOfJIS .MENTOR, ~Iayor SELLER ATTEST: KATHLEEN L. McCLUSKEY, Clerk ~A~'Q~Vm AS TO FORM: IAN R.~IEVERS, City Attorney STATE OF WASHINGTON - OLYMPIC COLLEGE BY: Date , Chair Board of Trustees PURCHASER ATTEST: APPROVED AS TO FORM: REAL ESTATE PURCHASE AGREEMENT -8- EXHIBIT A WARREN AVENUE SITE Lot 6, Tract 3, of Warren Smith's Acr~ Tracts, as recorded in Vol. 2, pg. 51 of Plats, records of Kitsap County, Washington, Except The south 4.5 feet of the East 1/2, and except the east 20 feet for Elizabeth Ave, and except the west 15 feet for Warren Ave. ALSO The West 1/2 of Lot 7 Tract 3, of Warren Smith's Acre Tracts, as recorded in Vol. 2, pg. 51 Plats, records of Kitsap County, Washington, Except the west 15 feet for Warren Ave, and except the east 3 feet of the west 18 feet of the south 66 feet, and except the south 8 feet of the east 12 feet of the west 30 feet. BROADWAY SITE That portion of Lot 1, Tract 6, Plat of Warren Smith's Acre Tracts, according to plat recorded in Volume 2 of Plats, Page 51, in Kitsap County, Washington, described as follows: Beginning on the north line of Ralph Street (as shown on said plat) at a point which is 259.57 feet west of the southeast comer of said Lot 1; thence north 20 feet parallel to the west line of said tract and the True Point of Beginning; thence east parallel to the south line of said tract a distance of 7 feet; thence along the arc of a curve to the left said acre having a radius of 42 feet and a central angle of 90 degrees a distance of 65.97 feet; thence north parallel to said line a distance of 65.08 feet; thence west parallel to said south line a distance of 49 feet; thence south parallel to said west line to the True Point of Beginning. REAL ESTATE PURCHASE AGREEMENT -9- College.Ag~ - RealEst~ - 11/29/93 EXHIBIT A WARREN AVENUE SITE Lot 6, Tract 3, of Warren Smith's Ac're Tracts, as recorded in Vol. 2, pg. 51 of Plats, records of Kitsap County, Washington, Except The south 4.5 feet of the East 1/2, and except the east 20 feet for Elizabeth Ave, and except the west 15 feet for Warren Ave. ALSO The West 1/2 of Lot 7 Tract 3, of Warren Smith's Acre Tracts, as recorded in Vol. 2, pg. 51 Plats, records of Kitsap County, Washington, Except the west 15 feet for Warren Ave, and except the east 3 feet of the west 18 feet of the south 66 feet, and except the south 8 feet of the east 12 feet of the west 30 feet. BROADWAY SITE That portion of Lot 1, Tract 6; Plat of Warren Smith's Acre Tracts, according to plat recorded in Volume 2 of Plats, Page 51, in Kitsap County, Washington, described as follows: Beginning on the north line of Ralph Street (as shown on said plat) at a point which is 259.57 feet west of the southeast comer of said Lot 1; thence north 20 feet parallel to the west line of said tract and the True Point of Beginning; thence east parallel to the south line of said tract a distance of 7 feet; thence along the arc of a curve to the left said acre having a radius of 42 feet and a central angle of 90 degrees a distance of 65.97 feet; thence north parallel to said line a distance of 65.08 feet; thence west parallel to said south line a distance of 49 feet; thence south parallel to said west line to the True Point of Beginning. REAL ESTATE PURCHASE AGREEMENT -9- Coll~gc. Ag~ - R~alEst¢ - I 1/29/93 ~/~ !' .I FIFTEENTHSTREET __ ~ ' Fo'-.*'-[ I OFFICE' OF Y~,Ir CITY ENG'NEIrR . AMERICAN LAND lilLE ASSOCIATION OWNER'S POLICY (4-~-~0) 41~ 0025 60 003599 CHICAGO TITLE INSURANCE COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, CHICAGO TITLE INSURANCE COMPANY, a Missouri corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expanses incurred in defense of the title, as insured, but only to the extent provided in thc Conditions and Stipulations. In Witness Whereof, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as of 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 - (206) 377- 0133 Secretary AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: December 8, 1993~_M- ORIGINATING DEPT: Executive fl Sale Agreement for surplus parcels ORIGINATOR: Ian R. Siever~ at Warren Avenue and 17th and City Attorney-- J Broadway and 15th DATE SUBMITTED: December 2, 1993 2. CLEA~tNCEB: (Comment on back if necessary) 3. EXHIBITB~ '--~. ~ Proposed Real Estate ~IRECTO~ OF PU~WO~S & UTILITIES Agreement ~ ~ Appraisal on file in TREASURER Clerk's office FISCAL AND BUDGET COMMITTEE ~m~ /f~o-F3 coUNci PRESIDENT 4. SUMM~RY STATEMENT AND REQUIREMENT FOR CO~CIL ACTION: Olympic College is interested in purchasing the warren Avenue shops and a surplus property at Broadway and 15th. The Warren Ave~[$~,yas declared ~urplus with the approval of the public works complex one, venue which is now under construction. The College is interested in the two parcels to expand its use of the main campus site, including relocating one educational program now separated from the main campus. The combined appraised value is $213,500.00, as indicated in the October 1992 appraisal. 8. RECO~E~ATION= Approval and passage of Real Estate Purchase Agreement~. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED [] TABLED [] DISAPPROVED [] AMENDED [] DATE: COUNCIL DIRECTIVE: ~___ ~O.Q2L ~ *~l) ~ 2. CLBARANCE COMMENTE: IMPACT OF NON-PASSAGE= 6. IMPACT ON STAFFING° BUDGETS, FACILITIES. EOUIPM~NT OR OTHER RESOURC~ The purchase price, less $31,350.00 to pay off a promissory note on the Warren Avenue site to the Utility fund, will be credited to the cumulative reserve general fund. The Police Department SIU division, currently operating out of the Warren Avenue site, Will need to be relocated upon closing. 7. RESEARCH 80URCES: PLEASE TYI'E OR FR REAL ESTATE EXCISE TAX AFFIi,~:~I:I~ ~l~0~°ur receip~ whe. st,,mr, cd Fo,',n No. 84 0,00lA {{ 1{ )} I~n~c[~ CIIAI 'I'ER 8245 RCW CltAI TliR 458-61 WA(3~, ~f U L[ [] Name City of Bremerton [] Name Olympic College c/o Dr. Michael Connolly Street 239 Fourth Stree__t ~ Street 1600 Chester ~.~ S~ympTO~c ~o~JT~ege ^t,L T^X P^RCI!t, NUMitI~RS cool*fY 'rrna, uRn. ASS.F~,SSED VALUE tF Name ¢/o Dr, Michael Connoli¥ 3804-003-006-0109 Dean of Business Services Street 1600 Chester 98310 City/State Bremer ton, WA. Zip []LEGAL DESCRIPTION OF PROPERTY SITUATED IN [] UNINCORPORATEI) COUNTY [] OR IN CtlY O~ Street Address (if property is improved): Warren and 17th (Warren Avenue Site) and Broadway and 15th (Broadway Site), Bremerton, SEE ATTACHED EXHIBIT "A" Docs this transfer of mai property reflect thc transfer or acquisition of thc controlling interest in an cathy with an interest in real property in this state? Yes~] Nof~ If yes, this transfer of controlling interest must also be reported to dre Dcpamncnt of Revenue within five days of the sale on Form No. 84 000lB. l~Is this property currently: YES NO [] Description of tangible personal property if included in sale (furniture, Classified or designated as forest land.'? [] [] applianccs, etc.) Chapter 84.33 RCW Classified as current use land (opcn space, farm [] [] and agricultural, or timbcr)? Chapter 84.34 RCW Exempt from property tax under nonprofit [] [] If exemption claimed, put WAC number and title. organizations? Chapter 84.36 RCW Receiving special valuation as historic [] [] WAC Number WAC 458-61.-420 property under? Chapter 84.25 RCW WAC Title Government Translate to or from Property Type: [] land only [] land with new building 1~ land with previously [] land with mobile home Typc of Document Statutory Warranty Deed used building Datc of Document March 9, 1994 I~l (1) NOTICE OF CONTINUANCE (RCW 84.33 or RCW 84.34) Gross Sale Price $ 213 ~500,00 If the new owner(s) of land that is classified or designated as current use Personal Properly (deduct) $ -0- or forest land wish to continue the classification or designation of such land. Taxable Sale Price $ -0- the new owner(s) must sign below. If the new owner(s) do not desire to -0- continue such classification or designation, all compensating or additional Excise Tax State $ tax calculated pursuant to RCW 84.33.120 and 140 or RCW 84.34.108 shall Local $ bc due and payable by the seller or transferor at the time of sale. The county Delinquent Intcrest: State $ '-O- assessor must determine if thc land transferred qualifies to continue Local $ -Q- classification or designation aM mast so indicate below. Sigualures do not necessarily mcan thc land will remain in classification or designation, If Delinquent Penalty: State $ -0- it no longer qualifies, il will bc removed and the compensating taxes will Total Due $ -O- be applied. All new owners must sign. THERE IS A $2,00 FEE FOR PROCESSING THIS FORM IF NO TAX IS DUE. This land [] does [2 docs not qualiF/ for continuance. [] AFFIDAVIT Date .... I I certify under penalty of ucrJ.~u.der the laws of the sate of I ~,hl,,llton that t.ll~"r~olnl~,,~ue and corn:ct. (2) NOTICll OF COMPLIANClt (Chapter 84.26 RCW) l~eh:mamrt, d.-.- ( / If II~ new owner(s) of properly with s~¢ial v~luafion as historic wl,h to ~onlin~ ihl~ *lan:Iai valuation IM new owner(s) musl sign I~low, ~ . -~' / If tM new owner(i) do net dOllro to eonllnuo suah ipeclal nluatlon, all IName (print) Lan K,~dl ~ddllton~l t~a cslcal'tM panu.nl to Chapt$r ~4,26 RCW, ~hall Ix: dun and I - 1 ~ {l/, p~table~ by tl~ ~ller or transferor at the time of sale, ~ (3) OWNER(S) SIGNATURE ~EN AVE~E SXTE Lot 6, Tract 3, of Warren Smith's Acre Tracts, as recorded in Vol. 2, pg. 51 of Plats, records of Kitsap County, Washington, Except the south 4.5 feet of the East 1/2, and except the east 20 feet for Elizabeth Ave., and except the west 15 feet for Warren Ave. ALSO The West 1/2 of Lot 7 Tract 3, of Warren Smith's Acre Tracts, as recorded in Vol. 2, pg. 51 Plats, records of Kitsap County, Washington, Except the west 15 feet for Warren Ave., and except the east 3 feet of the west 18 feet of the south 66 feet, and except the south 8 feet of the east 12 feet of the west 30 feet. BROADWAY SITE That portion of Lot 1, Tract 6, Plat of Warren Smith's Acre Tracts, according to plat recorded in Volume 2 of Plats, Page 51, in Kitsap County, Washington, described as follows: Beginning on the north line of Ralph Street at a point which is 259.57 feet west of the southeast corner of said Lot 1; thence north 20 feet parallel to the west line of said tract and the True Point of Beginning; thence east parallel to the south line of said tract a distance of 7 feet; thence along the arc of a curve to the left said acre having a radius of 42 feet and a central angle of 90 degrees a distance of 65.97 feet; thence north parallel to said line a distance of 65.08 feet; thence west parallel to said south line a distance of 49 feet; thence south parallel to said west line to the True Point of Beginning. C~V CITY OF BREMERTON CLOSING STATEMENT ON PURCHASE OF SALVATION ARMY SITE ~ SALE OF WARREN AVENUE AND BROADWAY SITES AMOUNTS DUE/PAID Total Purchase Price for Warren Avenue and Broadway Sites $213,500.00 Less Total Purchase Price for Salvation Army Site (165,000.00) Cash Payment Payable to City of Bremerton at Closing $48,500.00 REDUCED by City of Bremerton's Closing Costs: Land Title Title Insurance Premium for Warren Avenue and Broadway Sites $792.33 Recording Fee for Statutory Warranty Deed from City to College on Warren Avenue and Broadway Sites (Kitsap County Auditor) 8.00 1% Excise Tax Affidavit processing fee (Kitsap County Treasurer) 2.00 City of Bremerton's Total Closing Costs $802.33 (802.33) TOTAL CASH PROCEEDS TO CITY OF BREMERTON AT CLOSING FOR WARREN AVENUE AND BROADWAY SITES $47,697.67 NOTE: It is 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 v day of ¢ , 1994. CIT TON BY IAN R~. '~IEVERS Bremerton City Attorney OLYMPIC COLLEGE CLOSING STATEMENT City. CS - REAL ESTATE - LEGAL DEPARTMENT · ~. . ~ ~,~ ,.n ~. sl.~.r~- c.~ March 10, 1994 Dr. Michael Connolly Dean of Business Services 1600 Chester Bremerton, Washington 98310 Re: City/College Property Sales Dear Dr. Connolly: Pursuant to my telephone conversation with you yesterday, please find enclosed with this letter the following: 1. Copy of updated Supplemental Title Policy on Salvation Army site; 2. Copy of Supplemental Title Policy on Warren Avenue and Broadway sites (advised by Brenda of Land Title on 3/9/94 that this Supplemental remains correct and there are no changes that need to be made); 3. Copy of Statutory Warranty Deed between City of Bremerton, as Grantor, and Olympic College, as Grantee, for the Warren Avenue and Broadway sites, together with the original corresponding 1% Excise Tax Affidavit; 4. Original Statutory Warranty Deed between Olympic College, as Grantor, and the City of Bremerton, as Grantee, for the Salvation Army site, together with the original corresponding 1% Excise Tax Affidavit; 5. Copy of City of Bremerton Closing Statement on Purchase of Salvation Army Site and Sale of Warren Avenue and Broadway sites; and 6. Original Olympic College Closing Statement on Purchase of Warren Avenue and Broadway Sites and Sale of Salvation Army Site. If the above documents meet with the College's approval, please see that the enclosed Deed for the Salvation Army site, corresponding 1% Excise Tax Affidavits and Closing Statement for the College are executed and returned to our office, together with a check in the amount of $49,195.53, made payable to the City of Bremerton, to close this transaction. Upon receipt of the same, we will forward both Statutory Warranty Deeds to the Kitsap County Auditor for recording. 23O4T11SIRI tl · I(RENIERT','~N,W,\ qSll(I · (2~k~) 47S 52(,¢) Dr. Michael Connolly March 10, 1994 Page 2 In our telephone conversation, you mentioned that the college would require a letter of understanding from the City setting forth the City's position in regard to the asbestos removal at the 1548 Warren Avenue building before this transaction would be in a position to close. Ian has informed me that a letter of understanding was sent out to you on March Sth, by Daniel Miller of the Public Works & Utilities Department, which you should have received by now. Please do not hesitate to call our office if you have any questions or concerns with regard to said letter or any other questions in regard to this transaction. Thank you very much for all of your assistance. R. CRONK Legal Assistant to IAN R. SIEVERS Enclosures: as cited OFFICE OF THE CITY ATTORNEY · IANR. SIEVERS, cITY ATTORNEy Gate~oay to the O ltmpic$ and Home of ihe Puget Sound Naval Shipyard December 16, 1993 Dr. Michael Connolly Dean of Business Services - ~.q~ - 1600 Chester Bremerton, Washington 98310 Re: City/College Property Sales Dear Mike: Enclosed is the original of the sale to the College executed by the City. Note that I have made changes to the closing date section, based on the Utility's request for a cushion to relocate electrical equipment to the new Public Works Complex. I believe the March 1st date corresponds with the College's construction scheduled which we discussed and hopefully the extension will not be necessary. The Public Works Department also retained small areas along Warren where their street controls are located and to assure closure of the driveway from the site onto Warren Avenue. These areas are shown in the legal description and the attached site plan. The sale to the City has gone through committees and will be on the Council agenda for next Wednesday. I have made the changes requested by Ms. Currie of the Attorney General's Office in the closing date section to coordinate the two sales. Public Works requested an approach on known hazards, similar to that taken on the Warren Avenue site to avoid adjustments to the appraised values. Therefore, in Section ll(a) you will see changes requiring the College to remove building asbestos that is noted in the appraisal, and to submit a plan for City approval for removal of the fuel tank in the alley which Rich McDonald mentioned ~o our City Engineer. I have faxed these final two drafts to Ms. Currie and we have discussed her reservations on the hazardous waste indemnity approach. I noted that this was copied from the Roosevelt Field 239 4TH STREET S BREMERTON, WA9831t0 S (206)478-5345 S FAX (2~6) 478-5161 Agreement which was approved ~ her office and by the State Attorney General's Office in Ol~pia. I expect to hear from Ms. Currie shortly. Bremerton City Attorney IRS:jrd Enclosures: as cited cc: Mayor Louis Mentor Eddy Chu, Director of Public Works & Utilities DEPARTMENT OF PUBLIC WORKS AND UTILITIES · EDDY T. CHU, P.E., DIRECTOR C;~e~d~j 1o Ike Of,vmF,~cs ~nd Home of Ih(~ Pulet So.nd N~u~l Shipyard Amer/cn's Most l. ic,gnble City Dr. Mike Connolly Dean of Business Service 1600 Chester Avenue Bremerton, WA 98310-1699 Dear Dr. Connolly: This correspondence is sent to your attention as to the City of Bremerton's Letter of Understanding in regard to the asbestos removal at the 1548 Warren Avenue building. The City of Bremerton is sckeduled to remove cniy asbestos VAT floor tile on the first floor; and remove asbestos (wh±te mag insulation) from the main hot waser transmission piping ~-~-: the building. This asbestos remora! is consistent with 5he Olympic College Report dated May 2~, 1993 (attached~.. This above asbestosr~m~ ~,--~.~_ _-.~=_.~~-' ~ begin Tuesday,_:~z', .... ~..~, I~, ~ at the earliest as well as r~z and compaction of the excavation at the east side of the building. This a±~-o-- insludes the removal of the 55 gallon dru.r.s from the site. The attached report is for your_ information and file. City, at this time, only intends 5c remove asbestos from first floor and the mechanical piping as cuzlined in the above szated Olympic College Report. Re~ardin~ the asbestos~o~,~_,~ ,,-~ ~n' -~'-~ exterior paint, the City is prepare! rc reiml~urse the Celle~e for ~ne portion of the work at.~r~u~ei ~c the '-~ - a~ o~- relarel activities. If you have any furthe: ~"~=rions r~n,! ...... e .... of Understanding, please do ncr hesitate To call me. -- Dan'~.~,,~il le~ Attachments cc Eddy Chu, Di)~ctor of Publ~c i,;a~ks and Utilities Ian SieversJ Wayne Hamilton Terry Grocot t File ' PEB-09-'94 14:40 I~,:OLYM' ~._¢OLLEGE ~; TEL H0:206-478- ~1 ~0"?~ P~4 -- Comprehensive industrial Hygiene S~vices WI~ IW2F3q0771~ ~1. D. HILL LABORATORIES BULK ASBESTOS REPORT PREPARED FOR: SPECIALIZED ENVIRONMENTAL CONSULTING P.O. BOX 363 WAUNA, WA 98395 PROJECT: DAVE FREEMAN - BREMERTON BLOQ DATE: MAY 26, 1993 3600 Po~t of To~ Rd, East ,, Suite I~OG · Tacc,,~,o, VVashlngto~ 98424 , (,206)~22-6181 , r-ax(206)922-6284 J. D. HILL LABORATORIES, INC. page 1 Client:S.E.C. Client P.O.N0: Job Number:5307 Report Numberl Site: Date R$¢eiv~: 5/24/93 Analyst:RWJ Date Zxaminedl Location: Gross Description:GREY AIR C~LL X Non-Friable Co~ment s: TOTAL ASBESTOS P~ESE~T: XO ChrysotlX® lO % A~os£te No~-Det.% % · OTAL NON-ASBESTOS FIBROUS ~TRRIAL PRESENT: TOTAL NON-ASBESTOS NON-FIBROUS ~TERIAL PRESENT: Sample I.D.:002 Lab S~mple ~:21828 Location: Gro~s Description:WHITE ~G INSU~TION Friable~Non-Friable Comments: ~TAL ASBES~S P~NTI Chr~sotl~e 35 % ~ositm TO?AL NON-ASBEStOS FIBROUS ~TERIAL P~S~NT: ~TAL NON-ASBeSTOS NON-FIBROUS ~TERIAL PRESENT: Sample I.D.:003 Lab S~ple %:21829 Gro~ Description:BLACK VAT WITM ~STIC Friable ~o~-Friable Co~,ents:NOT ENOU'H OF ~STIC ~ TOT~ ASBESTOS P~ESKNTI Ch~so%ile T~C~ (1% ~omite ~oa-Det.% % TOTAL NON-ASBeSTOS FIBROUS ~TERIAL P~S~NT: TOTAL NON-ASBESTOS NON-FIBKOU$ ~TERIAL P~S~NT: 100 *** CONTINUED *** J. P. HILL LABORA~!~ORIE$, INC. page 2 SULK Client:S.E.C. Client P.O.NOt Job Nvmber:5307 ReDort Nu~ber: 2052601 Site: Date Received: 5/24/;3 Anelyst:RWJ Date Zxamined~ 5/25/9~ Sample I.D. :O04A Location: 0~%C~ Gross Description:RED VAT WITH MASTIC Friable .Non-Friable~ Comments: TOTAL ASBESTOS Ch~sotil~ 2 ~ostte TOTAL NON-ASBESTOS FIBROUS ~TERIAL PRESENT: Non-De~.% TOTAL NON-ASBESTOS NON-FIBROUS ~TERIAL PRESENT: Lab Sample I.D.:004B ~UiC~' AR~A Location: Gross Description:BLACK ~STIC FROM RED VAT Friable Non-Friable_X Coru~ents: TOTAL ~B~ST08 P~SENT~ Chr~sotile S ~osite Non-Der.% TOTAL NON-ASBESTOS FIBKOU$ ~T~IA5 PRE~NT: Non-De~.% TOTAL ~ON-ASBESTOS NON-FIBROUS ~TERI~ PRESENT: Sa~,ple I.D.: Lab S~ple Location: Gross Descrip%ion: Friable~on-Fri~le ~T~ ASBESTOS PRES~NTI Ch~sotlle TOTAL NON-ASBESTOS FIBROUS ~TERIAL p~SENT: Non-Dmt.% TOTAL NON-ASBESTOS NON-FIBROUS ~TEKI~ PRESENT: Non-Det.~ Robert w, Jared LabOratory Technician Asbestos Abetement P.O. Box 220 Seabeck, WA 98380-0220 · 830-5022 ADDENDUM ASBESTOS INSPECTION 1548 Warren Avenue Bremerton, WA 98310 Kitsap County February 22, 1994 Asbestos Inspection Addendum #1 1548 Warren Avenue - Page Two This addendum should be coz]sidered an integral part of the total inspection report dated February 10, 1994. This attachment addresses the exterior portion of the building known as the "Pink Building". The exterior surfacing material was tested for asbestos content by trained, competent technicians certified in locating and identifying asbestos products in the field. The results of this testing is now avail- able and accompanies this report. The content of asbestos is 40% Chrysotile. Chrysotile asbestos is the most commonly used type of asbestos in North ~erica. A file photo shows the rear of the building (page Three). Note: Because one room was locked and inaccessible to the inspectors during tile initial survey, it was merely noted in that report that asbestos was not detected in that room. Since that time, employees in the building have testified that it is their understanding that there is some pipe insul- ation present in that room as well. This should be noted in the overall assessment of the ACM (Asbestos Containing ~aterials) present in the building. J. F. Taylor, V.P. (K~~ WA State Certified Asbestos C¢ ~tractor ~1085 General Contractor Registration KITSACB101MR Certified Asbestos Techncician #006190 FED ID # 91-1043402 Dated ~ ~' ~I Asbestos Inspection Addendum il - 1548 W,~ ten Avenue - Page Three , <~ HI-TECHENVIRONMENTALSERVICE : Hazardous Waste Management CLIENT:~CB D~TE:2-24-94 PROJ]~'C-'T:PlN~ BLDG, RR~ORT SPECIMEN SPECIMEN TYPE SPECIM~ I~NTIFICATION DESCRIPTION ASBESTOS CO~OSIT~ON DETECTED 5 EXTERIOR CH-40% CELLULOSE 8~PLE/ PINK 30% SYNTH FIBER 10% ~CITE 20% ~ASEESTO8 TYPES= CNwCHRYSOTILE CR-CROCIDOLITE A-ACTINOLITE AN=ANTHO~NYL~IT~ T=TREMOLITE A'AMOSITE ND=NONE DETECTED 1