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HomeMy WebLinkAbout3028856 COPY Name CITY OF BREMERTON Address 239 4TH STREET LAN0 TITLE CO City, State, Zip ~REMERTON, WA 98337 PARTIAL RECONVEYANCE ) LAND TITLE COMPANY OF KITSAP COUNTY E- 100624 DT-32724 Customer reference #: The undersigned trustee under that certain Deed of Trust dated December ] , 1994 bz which KITSAP COMMUNITY ACTION PROGRAM, A WASHINGTON NON-PROFIT CORPORATION /s grantor, and U.S. HOME LOANS b be/wfic/ar),. recorded on December 12, 1994 underAuditor,sFileNo.9412120027 records of KITSAP County, Washington, having received from the beneficiary 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) entillcd thereto all of the right, title and imerest now held by said trustee in and to that portion of real property described in said Deed {ff Trust. LOTS 1, 2 AND THE EAST 6 FEET OF LOT 3t BLOCK 4, PLAT OF DIETZ'S ADDITION TO BREMERTON, ACCORDING TO THE PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 51, RECORDS OF KITSAP COUNTY, WASHINGTON; TOGETHER WITH THAT PORTION OF VACATED ALLEY ADJOINING THE NORTH LINE AS DISCLOSED BY CITY ORDINANCE NO. 2356 WHICH ATTACHES BY OPERATION OF LAW. Dated July 8, 1997 LAND TITLE COMPANY OF KITSAP COUNTY ~ KRISTI[' l tHt! ?4 Steven D. Green, Vic~idenffAudmrized Signatory STATE OF WASHINGTON COUNTY OF KITSAP On this July Bt 1997 , before me, the undemign~, a Notary Public m and for Stme of Washington, duit, co~issioned and swom, ~monally appear~ STEVEN D. GREEN m me known m be fl~e ~CE-PR~IDENT and/or AUTHORIZED SIGNATORY of the co~oration that execumd ti~e foregoing instrument, and acknowledg~ the said instrument to the free and voluntary act and deed of said corporation, for the us~ and pm~s~ therein mentioned, and on oalh stated HE IS authohzed to execute d~e said ins,~m~em. Witness>' hand and official seal hereto affixed the day and year first above xvrillen ~s~ Mihulka - My Comm. Expires 5-9-2000 R~iding in Bremenon Address 239 4TH STREET City, State, Zip BREMERTON, WA 98337 PARTIAL RECONVEYANCE LAND TITLE COMPANY OF KITSAP COUNTY E- 100624 DT-32724 Customer reference #; The undersigned trustee under that certain Deed of Trust dated December 6, 1993 in which KITSAP COMMUNITY ACTION PROGRAM, A WASHINGTON NON-PROFIT CORPORATION is L~ra.tot; and WASHINGTON STATE DEPARTMENT OF COMMUNITY DEVELOPMENT is beneficiar),, recorded on March 24, 1994 under Auditor's File No.9403240235 records of KITSAP County, Washinglon, having received from the beneficiary under said Deed of Trust a writlen request to reconvey a portion of the real properly described in said deed, which request was approved by said grantor, does hereby reconvey, without warranty, to the pemon(s) entitled thereto all of d~e right, title and interest now held by said trustee in and to that pomion of real property described in said Deed of Trust. LOTS 1, 2 AND THE EAST 6 FEET OF LOT 3, BLOCK 4, PLAT OF DIETZ'S ADDITION TO BREMERTON, ACCORDING TO THE PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 51, RECORDS OF KITSAP COUNTY, WASHINGTON; TOGETHER WITH THAT PORTION OF VACATED ALLEY ADJOINING THE NORTH LINE AS DISCLOSED BY CITY ORDINANCE NO. 2356 WHICH ATTACHES BY OPERATION OF LAW. Dated July 8, 1997 KRISTIN LAND TITLE COMPANY OF KITSAP COUNTY fMy~o~'mn [,Xpi:% /~,' Stev~ D. Green, Vic~idem/Aud~orized Signatory STATE OF WASHINGTON COUN~ OF KITSAP On this July 8t 1997 , before me, lhe unde~igned, a Notary Public in and fnr the State of W~hingmn, duly co~issioned and sworn, personally appeared STEVEN D. GREEN Io mc known m be the ~CE-PR~IDENT and/or AUTHORIZED SIGNATORY of the co~oratkm lhal execulcd lbo foregoing inslmmenI, and acknowledged the said ins,umenl lo the free and volunlary act and deed tff said coq}r}radou, for the us~ and pmpos~ therein memioned, and on oath staled HE IS authodz~ 1o execute dm said ins,~mem. Wimps my hand and official s~al herelo affix~ lhe day and year first above written ~st~ulka - My Co~. Expir~ 5-9-2000 R~iding ~ Bmmerton REAL ESTATE EXCHANGE AGREEMENT KCAP/City of Bremerton Property Exchange THIS AGREEMENT is by and between KITSAP COMMUNITY ACTION PROGRAM, a Washington Non-profit Corporation, (hereinafter referred to as "KCAP") and the CITY OF BREMERTON, a municipal corporation of the State of Washington (hereinafter referred to as "Bremerton"). 1. Description of Parcels= KCAP agrees to purchase and Bremerton agrees to sell and convey, upon the terms and conditions contained herein, that property located at 12th and Broadway, Bremerton, Washington, more legally described as: THAT PORTION OF LOTS 3 AND 4 OF TRACT 8, PLAT OF WARREN SMITH'S ACRE TRACTS, AS RECORDED IN VOLUME 2 OF PLATS, PAGE 51, RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: THE WEST 80 FEET OF THE SOUTH 160 PEET OF SAID LOT 3, LYING NORTH OF llTH STREET AND SOUTH OF 12TH STREET; ALSO THE EAST 127.06 FEET OF THE SOUTH 125 FEET OF SAID LOT 4; EXCEPT llTH STREET; SUBJECT TO THE FOLLOWING EASEMENT: AN EASEMENT FOR INGRESS AND EGRESS AND UTILITIES OVER THAT PORTION LYING NORTH OF THE FOLLOWING DESCRIBED LINE; SAID LINE BEING AN ARC OF A CURVE HAVING A RADIUS OF 32 FEET, WITH THE CENTER BEING 8 FEET SOUTH OF THE CENTERLINE OF 12TH STREET ON THE SOUTHERLY EXTENSION OF THE CENTERLINE OF BROADWAY AVE. (hereinafter "Bremerton Property"). Bremerton agrees to purchase and KCAP agrees to sell and convey, upon the terms and conditions contained herein, that property located at 9th and Broadway, Bremerton, Washington, more legally described as: LOTS 1, 2 AND THE EAST 6 FEET OF LOT 3, BLOCK 4, PLAT OF DIETZ'S ADDITION TO BREMERTON, ACCORDING TO THE PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 51, RECORDS OF KITSAP COUNTY, WASHINGTON; TOGETHER WITH THAT PORTION OF VACATED ALLEY ADJOINING THE NORTH LINE AS DISCLOSED BY CITY ORDINANCE NO. 2356 WHICH ATTACHES BY OPERATION OF LAW. (hereinafter "KCAP Property"). The parties intend that this exchange of the Bremerton Property and KCAP Property shall be treated as a like-kind exchange under the provisions of Section 1031 of the Internal Revenue Code. 2. Definition: For purposes of this Agreement, the following definitions shall apply: a. With respect to the transfer of the Bremerton Property, REAL ESTATE EXCH~NGE AGREEMENT -1- K~P.~ - Real Estate Disk - 1~1/96 Bremerton shall be "Transferor", KCAP shall be "Transferee," and the Bremerton Property shall be "the Property." b. With respect to the transfer of the KCAP Property, KCAP shall be the "Transferor," Bremerton shall be "Transferee," and the KCAP Property shall be "the Property." 3. Value of Parcels: Bremerton and KCAP agree that they have each made their own personal inspection and appraisals of the properties to be traded herein and that the KCAP Property has a value equal to the Bremerton Property. 4. Continqenc¥ of Approval of Title Encumbrance: Within thirty (30) days after Bremerton executes this Agreement, the Transferor in each exchange described herein shall pay for the delivery to Transferee of a preliminary commitment for an owner's standard coverage ALTA form title insurance policy issued by Land Title Company and covering the Property. The preliminary commitment shall have attached thereto photocopies of all documents shown as encumbrances or exceptions to title to the Property. Within thirty (30) days of delivery of the preliminary commitment, the Transferee in each exchange shall notify the Transferor in writing if the Transferee objects to any of the exceptions to title (the "Disapproved Exceptions"). Ail other exceptions will be deemed approved exceptions (the "Permitted Exceptions"). If the Transferee fails to provide such written notice within the thirty (30) day period, then the Transferee will be deemed to have approved all the listed encumbrances and -exception to title. If, within thirty (30) days after receipt of such written notice the Transferor has not removed or given reasonable written assurances to the Transferee that the Disapproved Exceptions will be removed on or before closing, then this Real Estate Agreement shall, at the Transferee's option, become null and void and all rights of the parties hereunder shall terminate. The Transferee may elect to waive some or all of the Disapproved Exceptions which shall thereupon become Permitted Exceptions, and the parties shall close on the remaining terms. 5. Riqht to Enter Premises: Each Transferee and their authorized agent, shall have the right, at reasonable times, to enter upon the Property and make any and all inspections, tests or surveys, and to conduct and carry out said inspections, tests or surveys at its sole expense and liability. Each Transferee shall repair any damage caused by such inspections, tests or surveys. 6. Conveyance by Statutory Warranty Deed: At closing, fee title to the KCAP Property and Bremerton Property shall be conveyed to the respective Transferee by Statutory Warranty Deed, subject only to those defects and encumbrances approved. 7. Title Insurance: The Transferor in each exchange described herein shall furnish the Transferee at closing with a standard form owner's ALTA form policy of title insurance issued by Stewart Title Company of Kitsap County. The title policy shall be issued and dated as of the closing date, show title vested in the Transferee, and contain no exceptions other than the normal printed exceptions and the Permitted Exceptions. REAL ESTATE EXCHANGE AGREEMENT -2- KCAP.EA - Rea[ Estate Disk - 1/~1/96 8. Possession: Subject to the limited right of entry pursuant to Paragraph 5 above, each Transferee shall be entitled to possession of the Property it purchases upon the closing of this transaction. 9. Escrow Closlnq Agent: This transaction shall be closed by City of Bremerton Legal Department, 239 Fourth Street, Bremerton, Washington. 10. Closing Costs and Prorations: The Transferor shall pay for the costs of clearing title to the Property, including any delinquent property taxes, the owner's standard title insurance policy, any real estate excise tax related to the Property, and the cost of recording the deed to the Property. 11. Closing Date: This transaction shall be closed on or before 5:00 p.m. on the day of April, 1996. 12. Attorney's Fees: In the event that KCAP 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 attorney's fees, costs, and expenses incurred in any appeal thereof. 13. Notices: Ail notices sent to KCAP or Bremerton pursuant to this 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 KCAP: Kitsap Community Action Program c/o Larry Eyer, Executive Director 245 4th Street, Suite 509 Bremerton, WA. 98337 For Bremerton: City Clerk 239 Fourth Street Bremerton, WA. 98337 14. Time of Essence: Time is of the essence of this 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 Transferor shall deliver the Property and any personal property thereon to the Transferee 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 Transferor until the date of closing. Thereafter the Transferee shall bear the risk of loss. 17. Assignment: Neither KCAP's 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 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 EXCHANGE AGREEMENT -3- 18. Headinqs: 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 Aqreement: There are no verbal or other agreements which modify or affect this Agreement and KCAP and Bremerton agree that this Agreement constitutes the full and complete understanding between KCAP and Bremerton. 20. Survival: KCAP 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. 21. Limitation on Bremerton's Time for Acceptance: Bremerton shall have only until 5:00 p.m. on the 30th day following the date of KCAP's signature below to accept this Agreement by delivering a signed copy thereof to KCAP. If Bremerton does not so deliver a signed copy within said period, this Agreement shall lapse and all rights of the parties hereunder shall terminate. 22. Remedies: If the conditions of this Agreement are not met and either party fails or refuses to perform its obligations hereunder then, in addition to all other remedies available by law, the nondefaulting party may elect to have this Agreement specifically enforced or may sue for damages. 23. No Broker~: The Transferor in each exchange described herein represents and warrants to the transferee that Transferor has not engaged a broker in connection with the negotiations leading to this Agreement and the Transferor shall indemnify the Transferee against and hold the Transferee harmless from any and all loss, damage, liability, cost, or expense, including attorney fees, suffered or incurred by the Transferee arising out of or relating to any claim for real estate commission made by any real estate agent or broker engaged by the Transferor as to the Property. 24. Transferor's Representations and Warranties: The Transferor in each exchange contemplated herein represents and warrants to the Transferee as of the date of closing that: a. The Transferor, and the person signing on behalf of the Transferor, has full power and authority to execute this Agreement and perform the Transferor's obligations hereunder and all necessary partnership and corporate action has been taken to authorize this transaction. b. The Transferor has good and marketable title to the Property. c. Neither the Property nor the sale of the Property violates any applicable statute, ordinance, or regulation, nor any order of any court or any governmental authority or agency, pertaining to the Property or the use, occupancy, or condition thereof. d. The Transferor is unaware of any material defect in the Property. REAL ESTATE EXCHANGE AGREEMENT -4- e. Ail persons and corporations supplying labor, materials, and equipment to the Property have been paid and there are no claims of liens. f. There are no currently due and payable assessments for public improvements against the Property and the Transferor is not aware of any local improvement district or other taxing authority having jurisdiction over the property in the process of formation. g. The Property has legal access to all streets adjoining the Property. 29. Hazardous Materials; Indemnity: The Transferor in each exchange contemplated herein represents and warrants to the Transferee that the Transferor has no knowledge, after due investigation, of a. the presence of any hazardous substances (as defined below) on the Property. b. any spills, releases, discharges, or disposal of hazardous substances that have occurred or are presently occurring on or onto the property or any other property (as defined below). c. in connection with the construction or operation and use of the Property, any failure of the Transferor or its contractors, subcontractors, agents, or employees to comply with all applicable local, state, and federal environmental laws, regulations, ordinances, and administrative judicial orders related to the generation, recycling, reuse, sale, storage, handling, transport, and disposal of any hazardous substances. d. the Transferor has all environmental permits, licenses, and other authorizations required for the lawful operation of any and all of the Transferor's present activities on the Property and is in compliance with all applicable federal, state, and local laws pertaining thereto. The Transferor shall indemnify and hold the Transferee harmless from and against any and all claims, demands, damages, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings, and costs and expenses (including attorney fees and disbursements) which accrue to or are incurred by the Transferee on or after conveyance of the Property which arise directly or indirectly from or out of breach of any of the foregoing warranties; e. any activities on the Property during the Transferor's ownership, possession, or control which directly or indirectly result in the Property or any other property becoming contaminated with hazardous substances; f. the discovery of hazardous substances on the Property or other property; and g. the cleanup of hazardous substances from the Property or other property. As used herein, "hazardous substances" means REAL ESTATE EXCHANGE AGREEMENT -5- KCJt°.EA - Real Estate Disk - 1/31/96 i. asbestos in any form which is or could become friable; ii. UREA formaldehyde foam insulation; iii. any transformer or other equipment which contains dielectric fluid containing levels of polychlorinated biphenyls in excess of fifty (50) parts per million; or iv. any other substance, waste, or material defined or designated as hazardous, toxic, or dangerous by any federal, state, or local statute, regulation, or ordinance present in effect including, but not limited to the statutes listed below: Federal Resource Conservation and Recovery Act of 1976, 42 U.S.C. §6901, et seq. Federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 49 U.S.C. §1801, et seq. Federal Clean Air Act, 42 U.S.C. §§ 7401-7626. Federal Water Pollution Control Act, Federal Clean Water Act of 1977, 33 U.S.C. §1251, et seq. Federal Insecticide, Fungicide, and Rodenticide Act, Federal Pesticide Act of 1978, 7 U.S.C. §13, et seq. Federal Toxic Substances Control Act, 15 U.S.C. §2601, et seq. Federal Safe Drinking Water Act, 42 U.S.C. 300(f), et seq. Washington Water Pollution Control Act, Chapter 90.48 RCW. Washington Clean Air Act, Chapter 70.94 RCW. Washington Solid Waste Management Act, Chapter 70.95 RCW. Washington Hazardous Waste Disposal Act, Chapter 70.105 RCW. Washington Hazardous Waste Regulation Act, Chapter 70.105A Washington Hazardous Waste Cleanup Act, Chapter 70.105B RCW. Washington Nuclear Energy and Radiation Act, Chapter 98 RCW. Washington Radioactive Waste Storage and Transportation Act, Chapter 70.99 RCW. As used herein, "other property" means any property which becomes contaminated with hazardous substances as a result of construction, operations, or other activities on the Property prior to the closinq date. KITSAP COMMUNITY ACTION PROGRAM REAL ESTATE EXCHANGE AGREEMENT -6- KCAP.EA - Rear Estate Disk - 1/31/~ Date LYSrN HORTON, Mayor APPROVF~D A~ TO FORM: IAN R:} SIEVERS, City Attorney RECEIVED FOR FILING: KATH-LEI~N L. HcCLU~ REAL ESTATE EXCHANGE AGREEMENT -7- LAND_TITLE COMPANY, TITLE OFFICE B~TON CI~ CLE~ D SiJverd~e 239 FO~ STREET 9657 Levin Ro~ N.W. BR~RTON, WA 98337 SuRe 1~ P.O. ~x 2737 Sl~erdale, Wa 98383 {3~) 692-2233 FAX: {360) 692-22~ ESCROW Seller Name: KITSAP CO}~NITY ACTION OFFICES Buyer Name: CITY OF BREMERTON Our File NO.: E-103976-1 [] Port Orchard Property Address: 2501 S.E. Mile Hill Ddve Suite 101 P.O. Box 1489 Po~ Orchan~, WA 98366 (38O) 67~O480 Please call us if you have any questions regarding this policy. FAX: (360) 87~0574 For your convenience please use our "800" number. (800) 950-4321. [] Silverdal6 9657 LevinRoad N.W. Thank you for allowing Land Title Company to serve you. sure 11o We appreciate your business ! P.O. Box 2737 SIIverdale, WA 98383 (360) 692-4033 FAX: {360) 692-8669 Sincerely, [] Poulsbo : /'"~--~.,..~ 1040 NE HoBtmark St. suite lOO Land Title Company of Kitsap County Poul,bo, WA 98370 (360) 779-7172 Bremerton Title Office FAX {360) 779-1004 AMERICAN ~D TITLE ASSOCIATION OWNER'S POLICY (10-17-92) 48 0025 106 00005284 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 X 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 expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. In Wimess Whereof, CHICAGO TITLEINSURANCECOMPANYhas causedthis policy tobe signed and sealed as of Date of Policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory. Issued by: CHICAGO TITLE INSURANCE COMPANY LAND TITLE COMPANY By: 9657 Levin Road NW Q~'~/~o_~... Silverdale, WA 98383 President By: Secretary ALTA Owner's Policy (10-17-92) LAND TITLE COMPANY OF KITSAP COUNTY ALTA OWNER' S POLICY STANDARD SCHEDULE A O££ice File No.: E-10~976-1 Policy Number= 48 0025 106 00005284 Date of Policy= June 20, 1997 at 10:24 a.m. Amount of Insurance: $13,200.00 Premium ~ $250.00 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: A FEE 3. Title to the estate or interest in the land is vested THE NAMED INSURED 4. The land referred to in this policy is described as follows: ~EE LEGAL DESCRIPTION ATTACHED ON mEXHIBIT Am AND BY REFERENCE MADE A PART HEREOF SCHEDULE A ALTA Owner's Policy 10-17-92 EXHiBiT 'A' DESC~IPTION~ LOT(S) 1, 2 AND THE EAST 6 FEET OF LOT 3, BLOCK 4, PLAT OF DIETZ'S ADDITION TO BREMERTON, ACCORDING TO THE PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE(S) 51, RECORDS OF KITSAP COUNTY, WASHINGTON; TOGETHER WITH THAT PORTION OF VACATED ALLEY ADJOINING THE NORTH LINE AS DISCLOSED BY CITY ORDINANCE NO. 2356 WHICH ATTACHES BY OPERATION OF LAW. ~CHEDULE B Office File No.: E-103976-1 Policy No: 48 0025 106 00005284 EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: GENERAL EXCEPTIONS= A. Rights or claims disclosed only by possession, or claimed possession, of the. premises B..Encroachments, and questions of location, boundary and area disclosed only by inspection of the premises or by survey. C. Easements, prescriptive rights, rights-of-way, streets, roads, alleys or highways not disclosed by the public records. D. Any lien, or right to a lien, for contributions to employee benefit funds, or for state workers' compensation, or for services, labor, or material heretofore or hereafter furnished, all as imposed by law, and not shown by the public records. E. Taxes or special assessments which are not yet payable or which or not shown as existing liens by the public records. F. Any service, installation, connection, maintenance, tap, capacity or construction charges for sewer, water, electricity natural gas or other utilities, or garbage collection and disposal. G. Reservations and exceptions in the United States Patents or in Acts authorizing the issuance thereof; Indian tribal codes or regulations; Indian treaty or aboriginal rights, including easements or equitable servitudes. H. Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. I. Water rights, claims or title to water. FOR SPECI;tL EXCEPTIONS, SEE ATTACHED Of£iCm Film NO.: E-103976-1 Policy No.: 48 0025 106 00005284 ALTA STANDARD OWNERS POLICY SCHEDULE B - cont'd SPECIAL EXCEPTIONS= 1. A Survey recorded under Auditor's File No. 9309200006, disclosed an encroachment of a building on the North line of said premises. 2. Possible rights of parties in possession of that portion of land lying Northerly of building encroachment, as disclosed by Survey recorded under Auditor's File No. 9309200006. 3. A promissory note executed by Kitsap Community Action Program recorded under Auditor's File No. 9403240236. 4. Agreement, including its terms, covenants and provisions; Recorded: March 24, 1994 Recording NO.: 9403240237 For: Low Income Housing Covenant Agreement sc/jt END SCHEDULE B OWNER' S POLICY ENDORSEMENTS: NONE LAND TITLE COMPANY? Bai~ridge Island: (206) 842-2632 Seattle Line: (206) 442-9039 Fax: (360) 377-1428 Bremerton Escrow: (360) 377-3005 Silverdale Escrow: (360) 692-4033 Port Orchard Escrow: (360) 876-0450 TO: CITY OF BREMERTON 239 4TH STREET BREMERTON, WA 98337 Attention: JACKIE Your No.: Our File No.: E-103976-1 Seller Neme: KITSAP COMMUNITY ACTION Buyer Name: CITY OF BREMERTON LAND TITLE C0MPA/~Y OF KITSAP COUNTY Copies to: COMMITMENT FOR TITLE INSURANCE CHICAGO TITLE INSURANCE COMPANY CHICAGO TITLE INSURANCE COMPANY, a Missouri corporation, herein called the Company, for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedula A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Exclusions from Coverage (appearing herein) and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and ail liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. In Witness Whereof, CHICAGO TITLE INSURANCE COMPANY has caused this commitment to be signed and sealed as of the date of policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory. Issued by: CHICAGO TITLE INSURANCE COMPANY LAND TITLE COMPANY By: OF KITSAP COUNTY, INC. Bremerton, Washington 98337 . (360) 377- 0133 President 2 ~ By: .................:::::::::::::::::::::: ................. Secretary ISSUED FROM THE OFFICE OF: LAND TITLE COMPANY OF KITSAP COUNTY COMMITMENT FOR TITLE INSUP, ANCE SCHEDULE A 1. Effective Date: August 15, 1995 at 8:00 a.m. Office File NO.: E-103976-~ 2. Policy or Policies to be issued: Your Reference: ALTA Owner's Policy 10-17-92 Rate: SHORT TERM Amount: $ 13,200.00 (X) Standard ( ) Extended Premium: $ 200.00 Proposed Insured: Tax: $ 16.20 CITY OF BREMERTON ALTA Loan Policy 10-17-92 Rate: Amount: $ ( ) Standard ( ) Extended Premium: $ Proposed Insured: Tax: $ Other Coverage: Amount: $ ( ) Standard ( ) Extended Premium: $ Proposed Insured: Tax: $ OTHER FEE: $ Tax: MINIMUM CANCELLATION FEE INCLUDING TAXES: $54.05 NOTE: In the event there is no activity on this file within six (6) months from the effective date, the cancellation fee may be billed. 3. The estate or interest in the land described to in the Commitment and covered herein is: A FEE Title to the estate or interest in the land is vested in: KITSAP COUNTY CO~VFU/~ITY ACTION PROGR3%M, a Washington Non-Profit Corporation 5. The land referred to in this Commitment is described as follows: SEE LEGAL DESCRIPTION ATTACHED ON "EXHIBIT A" AND BY REFERENCE MADE A PART HEREOF. EXHIBIT 'A' Office File No.: E-103976-1 DESCRIPTION: LOT(S) 1, 2 AND THE EAST 6 FEET OF LOT 3, BLOCK 4, PLAT DF DIETZ'S ADDITION TO BREMERTON, ACCORDING TO THE PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE(S) 51, RECORDS OF KITSAP COUNTY, WASHINGTON; TOGETHER WITH T~AT PORTION OF VACATED ALLEY ADJOINING THE NORTH LINE AS DISCLOSED BY CITY ORDINANCE NO. 2356 WHICH ATTACHES BY OPERATION OF LAW. SCHEDULE B Office File No.: E-103976-1 EXCEPTIONS FROM CO~r~RAGE This policy does not insure against loss or d~mage (and the Company will not pay cQsts, attorneys' fees or expenses) which arise by reason of: GENERAL EXCEPTIONS: A. Rights or claims disclosed only by possession, or claimed possession, of the premises. B. Encroachments and questions of location, boundary and area disclosed only by inspection of the premises or by survey. C. Easements, prescriptive rights, rights-of-ways, streets, roads, alleys or highways not disclosed by the public records. D. Any lien, or right to a lien, for contributions to employee benefit funds, or for state workers' compensation, or for services, labor, or material heretofore or hereafter furnished, all as imposed by law, and not shown by the public records. E. Taxes or special assessments which are not yet payable or which are not shown as existing liens by the public records. F. Any service, installation, connection, maintenance, tap, capacity or construction charges for sewer, water, electricity, natural gas or other utilities, or garbage collection and disposal. G. Reservations and exceptions in United States Patents or in Acts authorizing the issuance thereof. H. Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. I. Water rights, claims, or title to water. J. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records, or attaching subsequent to the effective date hereof but prior to the date of the proposed Insured acquires of record for value the estate of interest or mortgage thereon covered by this Commitment. FOR SPECIAL EXCEPTIONS, SEE ATTACHED COMMITMENT FOR TITLE INSURANCE Office File No.: E-103976-1 SCHEDULE B-I SPECIAL EXCEPTIONS: 1. A Survey recorded under Auditor's File NO. 9309200006, disclosed an encroachment of a building on the North line of said premises. 2. Possible rights of parties in possession of that portion of land lying Northerly of building encroachment, as disclosed by Survey recorded under Auditor's Pile No. 9309200006. 3. A promissory note executed by Kitsap Community Action Program recorded under Auditor's File No. 9403240236. 4. Agreement, including its terms, covenants and provisions; Recorded: March 24, 1994 Recording NO.: 9403240237 For: Low Income Housing Covenant Agreement 5. Deed of trust, to secure an indebtedness of $113,050.00 including any interest, advances or other obligations secured thereby; Dated: December 6, 1993 Recorded: March 24, 1994 Recording No.: 9403240235 Grantor: Kitsap Community Action Program, a Washington Non-Profit Corporation Trustee: Land Title Company of Kitsap County Beneficiary: State of Washington Department of Community Development a. The lien of said deed of trust or mortgage has been subordinated to the lien of the document recorded under Recording No. 9412120027 by agreement; Recorded: December 12, 1994 Recording No.: 9412120028 6. Deed of trust, to secure an indebtedness of $27,000.00, including any interest, advances or other obligations secured thereby; Dated: December 1, 1994 Recorded: December 12, 1994 Recording No.: 9412120027 Grantor KITSAP C0594UNITY ACTION PROGRAM, a Washington Non-Profit Corporation Trustee LAND TITLE COMPANY OF KITSAP COUNTY, a Washington Corporation Beneficiary: U.S. HOME LOANS 7. Liens of real estate excise sales tax upon any sale of said premises, if unpaid. Excise tax rate for Kitsap County is 1.78%. SCHEDULE B-I - Continued File No.:E-103976-1 KW/bl END SPECIAL EXCEPTIONS The following matters will not be listed as Special Exceptions in Schedule B of the forthcoming policy to issue, and there will be no coverage for loss by these matters because they are excluded from coverage by the terms of the policy. NOTE- 1. Taxes, interest and penalties, if any, which may result from the loss of the tax exemption for which this property has qualified. Amount: $1,852.66 Tax Account No.: 3743-004-001-0007 Affects: said premises Levy Code: 0010 COMMITMENT FOR TITLE INSUP. ANCE Office File No.: E-103976-t SCHEDULE C The following are the requirements to be complied with: 1. Instruments necessary to create the estate or interest or mortgage to be insured must be properly executed, delivered, and duly filed for record. 2. The legal description submitted has been modified as set forth herein to comply with the record. The description must be examined and approved by the parties prior to closing. 3. According to our records, we find that Larry Eyers is/are authorized to execute the forthcoming documents on behalf of Kitsap Community Action Program. Any amendments or additions to said corporation/partnership affecting the above signatories must be provided to this office prior issuance of our policy. END SCHEDULE C REQUIREMENTS · I -- I I ~ ~ -- · ~1~ r~ ,~- ~: ~ · ~ ...... Ol~pia. '..A 98504-83~ PRONI_ISSOR¥ NOTE ~ ' ~ ~ITSAP COUNTY T~e h o[ the ~ce of ~1 of ~e prov~o~ of t~ Norm ~,. ~' ~ LTC FZL~-~Y: LAND TIK[ CONPA~ ~~ r~'*~ KARENcLER~:FLYNN, FRE~AUDITOR'"' ~,tN~c: LR"~ ~y"~ REEL 0792 FR ~o~n ~t~nt P.~=hip Pros~ ~ ' ' $5.0-KIT~APO COUt4TY LTC ~.o. ~o~ 4~ FILED-BY: LA~ TITLE COHP~Y Olympia, W.~zton 985~-8~ ..l,. ~R 24~ 1~ 3:23 ' KAREN FLY,s A~TOR ' Att~tion:Dou~ H~r , . CLE~: F~EHAN ~-~l~ LOW ~CO~ IIOUS~G CO~ AG~M~ EEL 8792 , KITSAP COI~TY ., ~ $7. DO LTC F'iLED-gY: LAND TITLE CO -' DEC t2, i994~ tD:5~ AH ' ~REN FL'~, AUDITOR '~ CLEP~: HILLER ,.A.F.~: ~4J2~20028 ~ q.~9~.L~.~. .................... ADDRESS 4905 Pacific H~ E ~ Suite.i__._ Loan 0715001046 ............................................. Rk~L'-Os40- FR ~ IO~%~ Subordination Agreement ~,~c,~,~. ~ ~4~2~2~27. S~O~A~ON AG~, ~ P~S CON~T W~ ~ A~O~YS ~ ~SPE~ ~0. W~H~ ~A~ D~ OF CO~ ~0~ ....... g~..~,...~ ....................................................... ...~.~..[,...~ ~...~..~n~...~5~.~ ...... .... ~....~~ ............ -- ~o~ ~ for ~c S~tc of W~hlngton. ~SAVIN6}$ UBANK AFTER ~ECORDING, ~AIL TO: 220 ~ ~ DEED OF TRUST 19 ~ .The gra~ b ...~--~ '~ ' ~''' ' ~ ' ~ ~'~'~ ~8 ~ 9~ ' ~¢'~'-~9'( ~'~ ............. co~lon .......................................................................................... ................................................... r.~. ~."~"' ~ · ~-~-.~-'~;: ....................... : ....................... ;~ .... ~"). ine ~na~m~a~ ~ ~, ..~. ~..~ .................................................... ~,f,~, .~..e~ ............................... :...====:=.~.b. Svi~6::: ...................... CLsnde~. ............................................... CNote~, which pr~as for P ................. ~;~;~'"' ~e'~om, ~ KITSAP C~ / FILED-BY: ~ T~.~LE/~ DEC i2, CLE~; ~ILL~ A.F.~: 94i2i20027 Rb~L 0~0 FR l~O STATE OF WASHINGTON K~.csa1~ ~. County Sst December 19 ~.4...., before me the underSigned, a Notaty ................. b'?~? day OI ............................. On this ....................... ~;..~. t-saa$o",~fas~i..d m ........... . ................... ~. ¢-'.-;~'~ ~, · . [DATED: . . ............. By ............................................................. and 4, Block 4, plat of Dtmtz's Addit/o~ ~:o ~, ~ ~ ~t ~V~ ~ S~ ~~of ~S~; ~ ~l~ ~ A.F.~: 94~2~2D027 REEL 0~40 FR 1464 ~ ~0715001046 ANK 1-4 FAMILY RIDER Assignment of Rents Tr[IS 1.4 FAMiLy RIDER [S made th[S lst ............. dayol ~ ......... 19 94 ~d b ~r~raled ~o end shall be deemed to ~ma~ ~d supplement the Mo~gage. Dee~ of Trust or Sec~ Deed (the ~ecu~st~um~m3~thesameda~eg~en~e~nde~s~ned(~he~8~tt~e~s~teB~rrm~e~sN~[et~ U.S. ~ - .~ .............................................................................................. ~e 'Lender) (S,a0 Lo~n ~0715001046 ADJUSTABLE RATE RIDER THiS ADJUSTABLE PATE RIDER is made INS .l~,.,.day ol ,~qeT~--T'....; .................. . 19 9~.. ,...., and b A.F.~: ~412120027 TH~ NO~ CONTAINS PROVISIONS ALLOWING FOR CHAN~S IN TH~ INTEREST RATE AND ~E MONTHLY PAYMENT. THE NOTE UMiTS ~E AMOUNT THE BORROWER'S IN,REST RATE CAN CHANGE AT ANY ONE TIME AND ~HE A. INTEREST RATE AND MO~HLY PAYMENT CHANGES 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES {A} Change Dates ~e ~tet~ ~ate I ~ ~ may c~nge on ~e first day o~.~ ................... ~, a~ on ~ day eve~ mis w~ n~er bm greater t~ ~.~ ~0~.% or less t~an . ~...~0... %' L~an~0715001046 CLOSING STATEMENT ON CITY OF BREMERTON\KITSAP COMMUNITY ACTION PROGRAM EXCHANGE SELLER\PURCHASER: CITY OF BREMERTON PURCHaSER\SELLER= KITSAP COMMUNITY ACTION PROGRAM LEGAL DESCRIPTION FOR CITY-OWNED PROPERTY= THAT PORTION OF LOTS 3 AND 4 OF TRACT 8, PLAT OF WARREN SMITH'S ACRE TRACTS, AS RECORDED IN VOLUME 2 OF PLATS, PAGE 51, RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: THE WEST 80 FEET OF THE SOUTH 160 FEET OF SAID LOT 3, LYING NORTH OF llTH STREET AND SOUTH OF 12TH STREET; ALSO THE EAST 127.06 FEET OF THE SOUTH 125 FEET OF SAID LOT 4; EXCEPT llTH STREET; SUBJECT TO THE FOLLOWING EASEMENT: AN EASEMENT FOR INGRESS AND EGRESS AND UTILITIES OVER THAT PORTION LYING NORTH OF THE FOLLOWING DESCRIBED LINE; SAID LINE BEING AN ARC OF A CURVE HAVING A RADIUS OF 32 FEET, WITH THE CENTER BEING 8 FEET SOUTN OF THE CENTERLINE OF 12TH STREET ON THE SOUTHERLY EXTENSION OF THE CENTERLINE OF BROADWAY AVE. AMOUNTS DUE/PAID CITY OF BREMERTON Total Purchase Price of City of Bremerton Property $13,200.00 Less Purchase Price of KCAP Property to be Exchanged 13,200.00 Cash Payment Payable to City of Bremerton at Closing $ -0- ADD City of Bremerton's Closing Costs to Cash Payment Payable at Closing: Title Insurance Premium (Land Title Insurance Company) $270.25 CITY'S CLOSING STATEMENT ON CITY/KCAP EXCHANGE -1- Excise Tax Affidavit processing fee (Kitsap County Treasurer) 2.00 Recording Fee for Statutory Warranty Deed (Kitsap County Auditor) 9.00 Total city of Bremerton Closing Costs $281.25 __281.25 TOTAL CASH REQUIRED FROM CITY OF BREMERTON TO CLOSE $ 281.25 NOTE: It is understood and agreed by all parties hereto that any utility costs, i.e. water, sewer, refuse disposal service, telephone, and any and all other utilities incurred in regard to the subject properties of this transaction, are hereby waived; and It is further understood and agreed that real property taxes for the above-referenced property are exempt and will remain exempt; and It is further understood and agreed 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~ , 1997. / B~RERTON Bremerton city Attorney CITY'S CLOSING STATEMENT ON CITY/KCAP EXCHANGE -2- ORIGINAL CLOSING STATEMENT ON CITY OF BREMERTON\KITSAP COMMUNITY ACTION PROGRAM EXCHA/~GE SELLER\PURCHASER: KITSAP COMMUNITY ACTION PROGRAM PURCHASER\SELLER: CITY OF BREMERTON LEGAL DESCRIPTION FOR KCAP-OWNED PROPERTY: LOTS 1, 2 AND THE EAST 6 FEET OF LOT 3, BLOCK 4, PLAT OF DIETZ'S ADDITION TO BREMERTON, ACCORDING TO THE PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 51, RECORDS OF KITSAP COUNTY, WASHINGTON; TOGETHER WITH THAT PORTION OF VACATED ALLEY ADJOINING THE NORTH LINE AS DISCLOSED BY CITY ORDINANCE NO. 2356 WHICH ATTACHES BY OPERATION OF LAW. AMOUNTS DUE/PAID KCAP Total Purchase Price of KCAP Property $13,200.00 Less Purchase Price of CITY Property to be Exchanged 13.200.00 Cash Payment Payable to KCAP at Closing $ -0- ADD Kitsap Community Action Program's Closing Costs to Cash Payment Payable at Closing: Title Insurance Premium (Land Title Insurance Company) $270.25 Real Estate Excise Tax (Kitsap County Treasurer) 234.96 Recording Fee for Statutory Warranty Deed (Kitsap County Auditor) 9.00 Special Endorsement Fee for 111 Endorsement requested by U.S. Bank of Washington pursuant to Exhibit '~A" attached KCAP'S CLOSING STATEMENT ON CITY/KCAP EXCHANGE -1- (Land Title Insurance Company) 108.10 Reconveyance Fee for Partial Reconveyance of Deed of Trust dated 12/6/93 held by State of Washington Dept. of Community Development (Land Title Insurance Company, Trustee) 50.00 Reconveyance Fee for Partial Reconveyance of Deed of Trust dated 12/1/94 held by U.S. Bank of Washington (Land Title Insurance Company, Trustee) 20,00 Total KCAP Closing Costs $722.31 722.31 TOTAL CASH REQUIRED FROM KCAP TO CLOSE $ 722.31 NOTE: It is understood and agreed by all parties hereto that any utility costs, i.e. water, sewer, refuse disposal service, telephone, and any and all other utilities incurred in regard to the subject properties of this transaction, are hereby waived; and It is further understood and agreed that real property taxes for the above-referenced property are exempt and will remain exempt; and It is further understood and agreed 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 z5 ~ day of ~ , 1997. KITSAP COMMUNITY ACTION PROGRAM LARRY EY~R, Executive Director KCAP'S CLOSING STATEMENT ON CITY/KCAP EXCHANGE -2- June 13,1996 Ms. Jackie Cronk Legal Assistant City Attorney's Office City of Bremerton 239 Fourth Avenue Bremedon, WA 98337 Re: City of Bremerton/KCAP Property Excha~ge Dear Ms. Cronk: Enclosed is the signed Request for Partial Re,.onveyance you requested. I am sending this to ~.. you because the City Attorney's Office is acti~g as the escrow in this transaction. Your office is authorized to have this document recorded when Land Title Company of Kitsap County, Inc. issues a 111 Endorsement on title policy #E-1¢)0624-2. All costs to complete this transaction must be paid by the City of Bremerton and/or KCAP. Land Title provided me a quote of $100.00 plq~ $8.10 tax for this endorsement. If you have any questions please call. Sincerely, Michael L Stewart Vice President cc Land Title Co, Attn: Brenda. RE: Title P, ,I,cy E-100624-2 Dick Temple. US Home Loan, IDW053(.I RE: Loan Cf 9235797 PLEASE TYPE OR PRINT REAL ESTATE EXCISE TAX AFFIDAVIT This form is yom- receipt when stamped PLEASE SEE REVERSE by cashier. CHAPTER 82.45 RCW - CHAPTER 458-61 WAC For Use at County Treasurer's Office (Usc Form No. 844)00tB for Reporting Transfers of Controlling Interest of EnfiB' Ownership 1o the Dcparunent of Revenue) THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS 1--7 ARE FULLY COMPLETED i JJl. KITSA? COMMUNITY AcrroN PROGRAm4, Name CITY OF BREMERTON ~ a nonoro~i~ corpo'~ation J ~J ....... B~mergon ~t 98337 / j~ty/~mt~/~lg city/S~/~ip 8~eme~on NA 98337 ~~ ADDRESS TO SEND ALL PBOPE~Y T~ RELATED CO~ES~ENCE ALL TAX PARCEL ~MBE~ Name Ci..~ o~ Brom~t~on 3753-004-008.-0000 230 4th Street Bremarton ~g 98337 City/State/Zip ~ LEGAL DESCRI~ION O~ PROPB~Y SITUATBD ~ ~ UNINCOR~RAT~D OR ~ C~Y COUNTY ~ Breme~ton 9th & Broad~ay Smet ~dmss (if pm~ny is ~prov~): LOTS t, 2 AND TRE EAST 6 FEET OF LOT 3, BLOCK 4, PLAT OF DIETZ'S ADDITION TO BREHERTON~ ACCORDING TO THE PLAT RECORDED ~N VOLUME 2 OF PLATS, PAGE 5i, RECORDS OF KITSAP COUNTY, NASHINGTON; TOGETHER NITH TBAT PORTION OF VACATED ALLEY ADJOINING THE NORTH L'~NE AS DISCLOSED BY CITY ORDINANCE NO. 2356 NHICH ATFACHES BY OPERATION OF lAN. ~ is ~is proMny curmmly: YES NO ~ Wrip~ of ~ngiWe M~o~al pm~ if idud~ in sale (furnitu~, ClassiQ~ or dcsig~ as forest 1~? ~ ~ ap~W~, e~.) Chapter 84,33 RCW Classified as c~re~ u~ l~d (o~ spa~, ~m ~ ~d agricul~, or fim~r)? Chap~r 84.34 RCW Exempt from property ~ as a nonprofit ~ ~ ff ~mpUo~ claimed, I~ WAC ~m~r and ~W~tio~. orga~afion? Chap~r 84.36 RCW ~ceivmg sp~i~ valuation as his~ric ~ ~ ~plaatioa ..................................... pro.ny? Chapter 84.26 RCW P~perty ~pe: ~ la~ o~y ~ t~d wi& new b~ldi~ ~ l~d wi~ previously u~ building 0 l~d wi~ m~ile home ~ of ~cument S~atutory.~Er__a.aty_D~d_____ - -- - . ~ timber oMy ~ building oMy Principal Use: ~ Apt. (4 + u~t) ~ resi&ntial O timb~ = agrlcult.rM O covertlY/indus=iai C~.s ~ 8thOr ~n~ ~ope~ (dedu~) $ ~(1) N~ICE OF CONTINUANCE ~CW 84.33 or RCW ~.34) l~ t~e new owner(s) of ta~d ~at is c~assiQ~ or desi~na~ as current ~ or forest l~d wish m continue ~e classification or designation of such land, ~c new owner(s) must sign below. If ~e new ow~r(s) do not desire ~linquent ~t: Sm~ $ to continue such classification or designation, all ~mpen~ting or addi- tional tax calcula~d pursuit ~ RCW 84.33,120 ~d 140 or RCW 84.34.108 shall be due and payable ~ ~e ~ller or ~ror at ~e time Delinquent ~al~: State $ of sale. The ~unty assesmr must de~e if ~e l~d ~r~ q~fifies ToPI Due $ m continue classification or designation and must so indicate below. T~ ~ A $2.~ ~E ~R PR~SING Signatures do not necessarily me~ the land will remain in classification or designation. If it no longer quarries, it will be removed and ~e com- ~ AFFIDAVIT ~nsating taxes will be applied. All new owners must sign. I certify ~der ~nMty of ~rjury ~der the M~ of the s~te of This land ~ does ~ does not quafi~ for confinu~ce. W~hing~n that the forgoing is ~ue ~d eorr~t (See back of this fo , Date Si~mm of DEPUTY A~ESmR G~hmr/Agent; (2) N~ICE OF COMPL~NCE (Chap~r 84.26 RCW) N~me (print) tARtly [YE~, Exacugivo Direr;Co c if ~e new owner(s) of pro~y with sp<ial v~uation as his~ric prope~y De If the new owner(s) do not desire m continue such speciM v~uafion, ~1 additional mx calcffia~ pursuit m Chap~r 84.26 RC~, ~1 ~ due / ~ignamm of and payable by the seller or r~sferor at the me of ~sa ¢ ......... 4~ t (3) OWNER(S) SIGNATU~ " /'~ ~' ~J Name (Print) ~rjury: Pe0ury is a class C felony which is punishable by impriso~ent in a sm'~ C~fional institution for a maximum term of not more than five years, or by a fine m' an amount fixed by the court of not more ~an five ~o~sand. dollars ($5,~0e~)~or~y bo~ imprisomneut and fine (RCW 9A.20.020 (lC)) -w 84 ~la (6-16-95) (PD 6-19-95) FOR TREASURER, S US~ ONLY -;:~ TAXPAYER RTIF F ti T¥ omv99 PRODUCER THIS CERTIFICATE IS ISSUED AS A MA'I-FER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Soriano [~ -' '~..aswar. Ins. a div. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR of Bratrud Middleton Ins Inc. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P,O. Box 711 COMPANIES AFFORDING COVERAGE Bremerton, WA 98337 COMPANY A Philadelphia Insurance INSURED COMPANY 802 7th Street c Bremerton, WA 98337 COMPANY I VLH D / x THIS IS TO CERTIFY THAT THE POLICIES OF iNSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HERE~N IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF [NSURANCE POUCY NUMBER DATE {MM/DD/YY} DATE (MM/DD/YY} UMITS A GENERAL LIABILFfY GENERAL AGGREGATE $ 3~000~000 PHPG300990 01/27/99 01/27/00 X : COMMERCIAL GENERAL LIABILITY PRODUCTS - COMP/DP AGG $ 3~000~000 I C " SMADE [] oocuR RERSONAL ADVI" URY , 1,ooo,ooo OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1,ooo,oo0 FIRE DAMAGE (Any one fire) $ 100,000 MED EXP (Any one person) $ 5~000 A AUTOMOBILE LIA BIL~TY X ANY AUTO PHPG300990 01/27/99 01/27/00 COMBINED SINGLE LIMIT $ 1)000,000 ANY AUTO OTHER THAN AUTO ONLY: A EX_. ~CESB UABILITY PHUM300990 01/27/99 0H27/00 EACH OCCURRENCE $ ~)000,000 ~_~ UMBRELLA FORM AGGREGATE $ 2p000,000 LOAN #45:1104 9TH STREET DUPLEX, BREMERTON, WA CITY OF BREMERTON EXPIRATION DATE THEREOF, THE iSSUING COMPANY WILL ENDEAVOR TO MAIL 239 4TH STREET 45 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BREMERTON, WA 98337 o~ A.U~Ja~ u.od' T.a.~o. Pm..n,~ Aaa, TS O. RE.RES~^~VES. I AU~ ~ 0926S$ POLICY NUMBER: PHPG300990 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON or ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CITY OF BREMERTON 239 4TH STREET BREMERTON, WA 9833'? LOAN #45:1104 9TH STREET DUPLEX, BREMERTON, WA (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to th s endorsement.) WHO IS AN NSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to ab ty arsing out of your operations or premises owned by or rented to you. CG 20 26 11 85 Copyright, Insurance Service Office, Inc,, 1984 IAN R. SIEVERS, City Attorney 239 4th Street · Bremerton, WA 98337 · (360) 478-5345 · FAX (360) 478-5161 DATE: September 8, 1997 TO: Kathleen McCluskey, Administrative Services Director FROM: Nina Neimoyer, Office Assistant~// RE: Property Exchange with Kitsap Community Action Program Please find attached hereto, the original title policy for the above mentioned property exchange transaction. Please let me know if you have any questions in this regard. Attachments: as cited Equal Opportunity Employer YOUR IAN R. SIEVERS, City Attorney 239 4th Street · Brcmerton, WA 98337 · (360) 478-5345 · FAX (360) 478-5161 September 10, 1997 Mr. Larry Eyer Executive Director Kitsap Community Action Program 245-4th Street, suite 509 Bremerton, Washington 98337 Re:City of Bremerton\KCAP Property Exchange 12th & Broadway and 9th & Broadway Dear Larry: Please find enclosed with this letter the following original documents: 1) Partial Reconveyance of that Deed of Trust dated December 1, 1994, between Kitsap Community Action Program, as Grantor, and U.S. Home Loans, as Beneficiary; and 2) Partial Reconveyance of that Deed of Trust dated December 6, 1993, between Kitsap Community Action Program, as Grantor, and State of Washington Department of Community Development, as Beneficiary. These documents reconvey the right, title and interest in a portion of the property described in the above-referenced Deeds of Trust back to KCAP, which portion was exchanged to the City of Bremerton. Please feel free to call our office if you have any questions in this regard. Sincerely, L~ega 1 Assistant cc\w\enc: Kathleen McCluskey, Administrative Services Director~ Equal Opportunity IAN R. SIEVERS, City Attorney 239 4th Street · Bremerton, WA 98337 · (360) 478-5345 · FAX (360) 478-5161 DATE: June 26, 1997 TO: Kathleen McCluskey, Administrative Services Director FROM: Jackie Cronk, Legal Assistant ~_~_~ RE: City of Bremerton/KCAP Property~'ty~x~_c~angx an e 12th & Broadway and 9th and Broadway Kathy, please find attached hereto final documents, regarding the above-referenced exchange, as follows: 1. Original recorded Statutory Warranty Deed between Kitsap Community Action Program, as Grantor, and City of Bremerton, as Grantee, together with original corresponding 1% Excise Tax Affidavit; 2. Recorded copy of the Statutory Warranty Deed between City of Bremerton, as Grantor, and Kitsap County Community Action Program, as Grantee, together with copy of corresponding 1% Excise Tax Affidavit; 3. Original Kitsap Community Action Program's Closing Statement; and 4. Original City of Bremerton's Closing Statement. This property exchange was presented to and approved by city Council back in March of 1995 .... Due to some difficulties we had in clearing title to the KCAP property and getting KCAP to assist us in clearing title, we were unfortunately not able to finalize this exchange until this time. We are now finally finished with this transaction and I will be sure to forward you the original policy of title insurance for the property granted to the City by KCAP and a copy of the policy of title insurance for the property granted to KCAP by the City as soon as I receive the same from Land Title ComDany. Should you have any questions in this regard, please do not hesitate to call our office. Attachments: as cited Equal Opportunity Employer CO?Y FOR 'YOUR IAN R. SIEVERS, City Attorney 239 4th Street · Bremerton, WA 98337 · (360) 478-5345 · FAX (360) 478-51.61 June 26, 1997 Mr. Larry Eyer Executive Director Kitsap Community Action Program 245-4th Street, suite 509 Bremerton, Washington 98337 Re: City of Bremerton/KCAP Property Exchange 12th & Broadway and 9th & Broadway Dear Larry: Please find enclosed with this letter final documents, regarding the above-referenced exchange, as follows: 1. Recorded copy of the Statutory Warranty Deed between Kitsap Community Action Program, as Grantor, and City of Bremerton, as Grantee, together with copy of corresponding 1% Excise Tax Affidavit; 2. Original recorded Statutory Warranty Deed between City of Bremerton, as Grantor, and Kitsap County Community Action Program, as Grantee, together with original corresponding 1% Excise Tax Affidavit; 3. Copy of Kitsap Community Action Program's Closing Statement; and 4. Copy of City of Bremerton's Closing Statement. I will be sure to forward you the original policy of title insurance for the property granted to KCAP by the city and a copy of the policy of title insurance for the property granted to the City by KCAP as soon as I receive the same from Land Title Company. Should you have any questions in this regard, please do not hesitate to call our office. Sincerely, J~IE R.% CRON~ L~a\~ Assistant to IAN R. SIEVERS Enclosures: as cited cc: Kathleen McCluskey, Administrative Services Director~ Equal Opportunity Employer CO?'t' IAN R. SIEVERS, City Attorney 239 4th Street * Bremerton, WA 98337 · (360) 478-5345 · FAX (360) 478-5161 June 25, 1997 Land Title Company 400 Warren Avenue Suite 100 P. O. Box 313 Bremerton, Washington 98337 ATTENTION: A1 Bellini, Title Officer Re: City of Bremerton\KCAP Property Exchange 12th & Broadway and 9th & Broadway Your File Nos. E-103076-1 E-100624-2 E-103978-1 Dear Al: The City of Bremerton and Kitsap Community Action Program (KCAP) have exchanged the above-referenced properties. I am enclosing herein the following: 1) Copy of a June 13, 1997 letter addressed to me from U.S. Bank Vice President Michael L. Stewart, regarding the issuance of a 111 Endorsement on Policy No. #100624-2, together with the quoted endorsement fee of $108.10; 2) Original Request for Partial Reconveyance of that Deed of Trust between Kitsap Community Action Program, as Grantor, and U.S. Home Loans, as Beneficiary, dated December 1, 1994, October 4, 1995; 3) Original Request for Partial Reconveyance of that Deed of Trust between Kitsap Community Action Program, as Grantor, and State of Washington Department of Community Development, as Beneficiary, dated December 6, 1993; 4) Check in the amount of $100.00 for Land Title Company's Reconveyance Fee of $50.00 charged for each Partial Reconveyance (as quoted by Land Title); 5) Two checks in the amount of $270.25 each as payment of the title insurance premiums for File Nos. E-103976-1 and E- 103978-1; and Equal Opportunity Employer Land-Tit~e Company - A1 Bellini, Title Officer June 25, ~997 Page 2 6) Copies of recorded Statutory Warranty Deeds between the City and Kitsap Community Action Program executing the exchange for your information. I am also enclosing copies of the Deeds of Trust that relate to the Partial Requests for Reconveyance for your reference. Land Title Company of Kitsap County was named as Trustee in both Deeds of Trust referenced above. Please prepare Partial Reconveyances to show that said Deeds of Trust have been partially satisfied and issue your final policies for File Nos. E-103976-1 and E-103978-1 for us. Should you have any questions in this regard, please feel free to call our office. Thank you in advance for your assistance in this matter. Sincerely, Enclosures: as cited cc\w\enc: Larry Eyer, Kitsap Community Action Program Kathleen McCluskey, Director of Administrative Services CITY OFI3REMERTON GENERALACCOUN7 ~U ~ ~ ~,~ CHECK NO R F $ATION oo.oo 3313 LAND TITLE COMPANY ~"~E'a"gJI:~'T ~-- - CHECK NO. 209953 CITY OF BREMERTON CASC/BREMERTON BRANCH GENERAL ACCOUNT P.O BOX 279 209953 239 4TH ST (360) 478-5304 BREMERTON, WA 98310 BREMERTON, WA 98337 19-2/1250 06/18/97 DATE THE SUM OF~;~iOODOLLARS AND OOCENTS **$~;100.00'* PAY AMOUNT ORDER PO BOX 313 BREMERTON WA 98310 Mayor and Clerk ALrrHORIZED SIGNATURE ,'~OCi~S~,' I:~SO0002h,: r-,?or:h ~0~18' ~ SECURITY FEATURES INCLUDED. OETAILS ON BACK. ~ 209953 CHECK NO ACCOUNT P.O. INVOICE AMOUNT DESCRIPTION 558.1016 54910 E-103976-1 270.25 Cu, Y FOR YOUR INFORMATION 3313 LAND TITLE COMPANY ~.,~E,e.F~'~I~'~_ CHECK NO. 209954 CITY OF BRr:MERTON CA$C/BREMERTON BRANCH GENERAL ACCOUNT P.O. BOX 279 209954 239 4TH ST (360) 478-5304 BREMERTON, WA 98310 BREMERTON, WA 98337 ~9-2/1250 06/18/97 DATE THE SUM OF~27ODOLLARS AND 25CENTS **$~270.25'* PAY AMOUNT ORDER L~J~D TITLE COMPANY PO BOX 313 BREMERTON WA 98310 Mayor and Clerk 208854 CITY OF BREMERI'ON GENE~qAL ACCOUNT ~U~ ~ CHECK NO ACCOUNT P.O. INVOICE AHOUNT DESCRIPTION 669.~0~o~,,,..,. --,, E-~o~9~.~ ~o.~ YOUR INFORI~ATION' 3313 LAND TITLE COMPANY ~ra~b"T'.,.~ CHECK NO. 2 0 9 9 5 5 CITY OF BR£MEFITON CASC/BREMERTON BRANCH GENERAL ACCOUNT P O BOX 279 209955 239 4TH ST (360) 478-5304 BREMERTON, WA 98310 BREMERTON, WA 98337 19 2/1250 06/18/97 DATE THE SUM OF~Z7ODOLLARS AND 25CENTS **$~270.25'* PAY AMOUNT TO THE LAND TITLE COMPANY Mayor and Clerk 209955 June 13,1996 Ms. Jackie Cronk Legal Assistant City Attorney's Office City of Bremerton 239 Fourth Avenue Bremerton, WA 98337 Re: City of Bremerton/KCAP Property Exchange Dear Ms. Cronk: Enclosed is the signed Request for Partial Reconveyance you requested. I am sending this to ~,. you because the City Attorney's Office is acting as the escrow in this transaction. Your office is authorized to have this document recorded when Land Title Company of Kitsap County, Inc. issues a 111 Endorsement on title policy #E-100624-2. All costs to complete this transaction must be paid by the City of Bremerton and/or KCAP. Land Title provided me a quote of $100.00 plus $8.10 tax for this endorsement. If you have any questions please call. Sincerely, Michael L. Stewart Vice President cc: Land Title Co.1Attn: Brenda, RE: Title Policy E-100624-2 Dick Temple, US Home Loan, IDW0530, RE: Loan # 9235797 CITY OFBREMERTON GENERAL ACCOUNT 20~)~ CHECK NO ACCOUNT P.O. INVOICE AMOUNT DESCRIPTION 558.1016 54910 E-100624-2 108,10 COPY FOR YOUR iNFORMATION 3313 LAND TITLE COMPANY '~--'"'8~'4'cr8~'~ CHECK NO, 209952 CITY OF BREMERTON CASC/BREMERTON BRANCH GENERAL ACCOUNT P.O BOX 279 209952 239 4TH ST (360) 478-5304 BREMERTON, WA 98310 BREMERTON, WA 98337 19 2/1250 06/18/97 DATE THE SUM 0F'~;"~'~;"~'~'~108DOLLARS AND 10CENTS *'*$'~;"~'~'~;'~'~108.10'~ PAY AMOUNT TO THE LAND TITLE COMPANY ::;~[~ii!E~J.! i:~i!~i!~i~]~i~F.i~ ORDER PO BOX 313 BREMERTON WA 98310 Mayor and Clerk AUTHORIZED SIGNATURE ,,~O~tS2,· ':i,~SOOO0~L,': .c-,?O.C..,h ~O~,~l' ~ SECURITY FEATURES INCLUDED. DETAILS ON BACK.~ 209952 REQUEST FOR PARTIAL RECONVEYANCE The undersigned Beneficiary is the legal owner and holder of that Note in the original sum of $27,000.00, secured by that certain Deed of Trust dated December 1, 1994, as Auditor's File No. 9412120027, and recorded December 12, 1994, records of Kitsap County, State of Washington. The Note and all other indebtedness secured by said Deed of Trust having been partially satisfied. You are therefore requested, upon payment of all sums owing to you, to partially reconvey without warranty, to the person entitled thereto, the right, title and interest now held by you thereunder in and to a portion of the real property described in said Deed of Trust, situated in Kitsap County, Washington, as follows: LOTS 1, 2 AND THE EAST 6 FEET OF LOT 3, BLOCK 4, PLAT OF DIETZ'S ADDITION TO BREMERTON, ACCORDING TO THE PLAT RECORDED IN VOLUME 2 OF PL~TS, PAGE 51, RECORDS OF KITSAP COUNTY, WASHINGTON; TOGETHER WITH THAT PORTION OF VACATED ALLEY ADJOINING THE NORTH LINE AS DISCLOSED BY CITY ORDINANCE NO. 2356 WHICH ATTACHES BY OPERATION OF LAW. DATED this 7th day of 3une , 1996. U.S. HOME LOANS DEB 3ENK~S IDAHO VICE PRESIDENT STATE OF ~~ ) : SS. COUNTY OF ADA On this day, before me, DEB 3ENKINS , the Vice President of the U.S. Home Loans described in and that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said for the uses and purposes therein mentioned, and on oath stated that __he was authorized to execute the said instrument on behalL, of said Notary Public in and the~Sta~te of My appointment ex~[~[~*a C~9~~. . REQUEST FOR PARTIAL RECONVEYANCE ~~ City Attorne3.' ~ 4t.h Stre~ · Bremerton, ~ 98337 · (360)478-5345 o FAX (360)478-5161 September 7, 1995 Kitsap Community Action Program 245-4th Street, Suite 509 Bremerton, Washin~on 98337 Re: City of Bremerton/KCAP Property Exchange 12th & Broadway and 9th & Broadway Dear Larry: Attached is a copy of the Preliminary Title Report for the City of Bremerton property for your review. Corky was asking about the ~L~al description which is attached as E~ibit "A" to the report. We have a Dumber of encumbrances shown on the }(CAP property, including a State DCD lien in 1994, and a US Home Loans Deed of Trust recorded December 12, 1994. (See copy of Preliminary Title Report for KCAP property enclosed.) If you intend to retire these loans, we will need to obtain payoff figures and have checks from you at closing since there is a no net proceeds exchange. Your lenders may be willing to rerecord these liens against the new property to be acquired by KCAP which we could handle at closing. Please give Jackie Cronk, at my office a call, and advise as to which way you wish to proceed. Bremerton City Attorney IRS: jrc Enclosures: as cited cc/w/enc: Kathleen McCluskey, Director of Administrative Services/ cc: Donald Pratt, Director of Community Development · Celebrating $0 %~.'ar~ of Freedom · AFTER RECORDING, MAIL 'TO: 2__20 U~T'i ~ DEED OF TRUST ~ 9~ .~.~,,~...~..~'~: .................... ~: ........................................ c~'~t~ ............................................... . .............. ~.;.~-~"~'5~' ~.. .............. . ................................ ~5. ~. ~.. ~ .~ ........ ~"~'~ ........... ~.~::~-~L'~ '. ...................................... '"~5'~$~'~ ~ s~e..q~..~-~' - . ...................................... un~ ' ~B225 .... ' ......... ~"~ o0~1o0--- - ......................... ~ ~ BY T~S ~' FILED-BY: ~D DEC ~2, ~ CLE~: MILL~ REL OS40 FR 1460 STATE OF WA~HING"TON .... o. ~. ..~7~ ... ~ ol ...P?~""~'~-.- ~ ?~---" ~' ~' ~' ""~'~"~' ~ ~o~ ..... . .......... . ................................................ ~ HE ~lgn~ and /,.V-[~,~'11 . ~