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HomeMy WebLinkAbout9402080048 $8.00XITSAP COUNTY CHCK FILED-BY: BREMERTON CITY OF FE~ 8, t994, 9:16 AM KAREN FLYNN, AUDITOR Filed for Record at Request of: CLERK: FRKFMAN A. F. #: ~020800 %8 REEL 0782 FR 22.%3 When Recorded Return to: Name County of Kitsap Address 614 Division Street Port Orchard, Washinqton 98310 STATUTORY WARRANTY DEED (For Use in the State of Washington Only) THE GRANTOR, the CITY OF BREMERTON, a municipal corporation, for and in consideration of good and valuable consideration, conveys and warrants to KITSAP COUNTY, the following described real estate, situated in the County of Kitsap, State of Washington: A portion of Section 21, T24N, R1E, W.M. described as follows: Beginning at the NW corner of the SWl/4 of the SE1/4 of the NE1/4 of said Sec. 21; thence N89°47'21"E along the centerline of Werner Rd a distance of 309.48 ft; thence S0°34'22"W 40 ft to the True Point of Beginning; thence S89°47'21"W 74.66 ft to the beginning of an arc of a curve; thence along the arc of a curve to the left a distance of 54.62 ft, said arc having a radius of 30 ft, a central angle of 104019'33'' to a point 40 ft easterly of the centerline of Union Ave, measured at right angles; thence southerly along a line parallel to and 40 ft east of the centerline of Union Ave to a point 280 ft south of the centerline of Werner Rd measured at right angles; thence N89°47'21"E 76.48 ft; thence N0°34'22"E 190 ft; thence S89o47'21"W 25 ft; thence N0~34'22"E 50 ft to the True Point of Beginning. The North 15 feet of the above parcel is hereby reserved for a slope easement by the City of Bremerton. The City of Bremerton shall have the right to enter upon said STATUTORY WARRANTY DEED -1- slope easement as necessary for future construction and maintenance of the easement. DATED this ~ day of ~ , 1994. CITY OF BREMERTON ATTEST: KATHLEEN L. McCLUSKEY, Cl~rk~ AP/~ TO FORM: IAN~ SIEVERS, City Attorney STATE OF WASHINGTON ) : SS. COUNTY OF KITSAP ) ~. F= ~.' REEL 0782 FR 22~ 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 an~ 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 _~;J~.~ , 1994. f :"",,- ~ '-' ~' ~ * Notary Public in ~d for the State of e ~,z, ~u,~.~y ~,~ ~ ~ Washington, residing at: ~ ~ ~ My appointment e~ires: z : ~ ~ - . ~.~.: ... ~- KIT~ COU~ T~CTION EXCISE T~ Kitsap.~ - REALESTE - 12/8/~ AMOUNT COUN~ TR~SURER BY PURCHASE AND SALE AGREEMENT WHEREAS, the City of Bremerton owns a parcel of real property commonly known as 500 Union Avenue, Bremerton, Washington, and legally described as; A portion of the West Half of the Southwest Quarter of the Southeast Quarter of the Northeast Quarter of Section 21, Township 24 North, Range 1 East of the Willamette Meridian in Kitsap County, Washington described as follows: COMMENCING at the northeast corner of said West Half, thence South 01o59'28,' West along the east line of said West Half a distance of 30.00 feet to the south margin of Werner Road; thence North 88°51'09'' West along said south margin 25.00 feet; thence South 01°59'28'' West 10.00 feet to the POINT OF BEGINNING; thence continuing North 88° 51'09" West 73.5 feet to a Point of Curvature; thence southwesterly along a curve concave southeasterly having a radius of 30.00 feet, an arc of 54.6 feet and a central angle of 104°15'05'' to a Point of Tangency which is 40.00 feet normal distance easterly of the centerline of Union Avenue; thence Southerly parallel with and 40.00 feet normal distance ~easterly of the centerline of Union Avenue to the south line of the North 280 feet of said West Half; thence South 88o51,09,, East along said south line to the east line of said West Half; thence North 01~ 59'28" East along said east line 200.02 feet; thence North 88o51,09'' West 25.00 feet; thence North 01.59'28,, East 40.01 feet to the POINT OF BEGINNING; SUBJECT TO an easement over, under and across the North 15 feet for slopes, future construction and maintenance. WHEREAS, Kitsap County is the owner of the building on the above described parcel of real property, such building having been built with State referendum funds; WHEREAS, Kitsap County desires to purchase the above described parcel of real property and the City of Bremerton desires to sell such property under the following terms and conditions: 1. Purchase Price. The total purchase price for the property shall be one hundred sixty thousand dollars ($160,000.00) Z. Title. Title shall be conveyed to the County by the City by Statutory Warranty Deed free of encumbrances or defects other than those noted herein. Title to the Property shall be marketable at closing. PURCHASE AND SALE AGREEMENTS - 1 KITSAP.PSA -d|sk 10- 11/18/93 3. Title Insurance. City shall apply for a preliminary commitment for a standard form purchasers' policy of title insurance, to be issued by a title insurance company of City's choice. Such preliminary commitment, and title policy to be issued, shall contain no exceptions other than those provided for in said standard form and the encumbrances or defects noted therein. If title is not so insurable and cannot be made so insurable prior to closing, County may elect either to waive such encumbrances or defects or to terminate this agreement. City shall deliver or make available to County said preliminary commitment for title insurance as soon as the same is procurable. City and County shall each share equally in the cost of title insurance. 4. Closinq. This sale shall be closed on or before November 30, 1993. "Closing" shall mean the date on which all documents are recorded and the sale proceeds are available for disbursement to Seller. 5. Closinq costs and prorations. Taxes for the current year, installments on assessments, and any interest, water and other utilities constituting liens, shall be prorated as of closing. Ail closing costs unless otherwise covered herein shall be shared equally by City and County. Settlement of any differences in the prorated items shall be made within two (2) weeks after County takes possession. 6. Possession. County shall be entitled to possession on Closing. 7. Casualty loss. If, prior to closing, any improvements on the property are destroyed or materially damaged by fire or other casualty, then County may elect to terminate this Agreement. 8. Assiqnment. County's rights under this Agreement may not be assigned by County without Seller's prior written consent, which consent shall not be unreasonably withheld. 9. Obliqation of qood faith. Every duty or contingency in this Agreement imposes an obligation of good faith in its performance or satisfaction. 10. Notice. Unless otherwise specified herein, any notice required or permitted under this Agreement must be given in writing and mailed to the receiving party's address set forth below. City: County: Kathy McCluskey Win Granlund, Chairman City of Bremerton Kitsap county Board of County 239 4th Street Commissioners Bremerton, WA 98310 614 Division street, MS-4 Port Orchard, WA 98366 PURCHASE AND SALE AGREEMENTS - 2 KITSAP.PSA - disk 10 - 11/18/93 11. Miscellaneous. This Agreement constitutes the entire understanding between County and City, and no modification hereof shall be effective unless agreed to in writing and signed by all parties. Ail covenants, representations and warranties set forth in this Agreement shall survive closing. 12. Offer and acceptance. County offers to purchase the Property in its present "as is" condition on the terms and conditions specified herein. An executed original or duplicate original delivered to a party shall constitute an offer. Any offer shall expire within fifteen (15) days if not accepted. 13. Additional conditions. County shall review and approve any covenants, conditions, restrictions, bylaws, rules or regulations, if any, applicable to the property, which approval shall not be unreasonably withheld. County shall provide City with written notice of disapproval, on or before closing, in which event this Agreement shall terminate. 14. Receiptl County and City acknowledge receipt of a copy of this Agreement by their signature on this Agreement. DATED THIS day of , 1993. BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY, WASHINGTON CHAIRMAN COMMISSIONER COMMISSIONER ATTEST: HOLLY ANDERSON Clerk of the Board DATED THIS ~O day of ~_~~~--~ , 1993. LOU~S MEN~OR, Mayor PURCHASE AND SALE AGREEMENTS - 3 KITSAP.PSA -disk 10- 11/18/93 ATTEST: KATHLEEN L. McCLUSKEY[ Clerk A~o FORM: IAN ~. SIEVERS, City Attorney PURCHASE AND SALE AGREEMENTS - 4 KITSAP.PSA - disk 10- 11/18/93 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY ~ (4-6-90) 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. An)' 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 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: LAND TITLE COMPANYBremerton, 98310 OF KITSAP COUNTY, INC. 400 Warren Avenue Washington .... (206) 377- 0133 I I EXCLUSIONS FROM COVERAGE The following matters are expresely excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordi- nancss, or regulations) restricting, regulating, prohibiting or relating to (i} the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation In ownership or a change in the dimensions or a rea of the la nd or any parcel of which the land Is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a,clefect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of · purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a} created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an Insured under this policy; (c) rosulting in no loss or damage to the Insured claimant; (d} attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Anyc~aim~whicharises~ut~fthetrensacti~nvestingintheinsuredtheestate~rinterestinsuredbythisp~~icy~by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws. EM~IBIT 'A' Off/.~e F~le No.: E-95628-3 A portim of ~m 21, ~p 24 ~, ~ 1 FmC, W.M., ~ ~p ~, W~, ~-~ ~ folly: ~ at ~ ~ ~ of ~ ~ ~ of ~ ~ ~ of ~ ~ ~m~er of ~d ~ 21; ~ ~ 89~47'21" ~t ~ ~ ~1~ of ~ ~ a ~ of ~.~ f~t; ~ ~ 0~'22'' ~t ~ f~t ~ ~ ~ ~t of ~; ~ ~ 89~47'21'' ~ 74.66 f~t ~ ~ ~ of ~ ~ of a ~; ~ ~ ~ ~ of a ~ ~ ~ left a ~ of 54.62 f~t, ~d ~ ~ a ~{~ of ~ f~t, a ,--~ ~le of 1~"19'~'' ~ a ~t ~ f~t w~ly of ~ ~1~ of ~ A~, ~ at right ~1~, ~ ~ly ~ a 1~ ~1~ ~ ~ ~ f~t ~ of ~ ~1~ of ~ A~ ~ a ~t 2~ f~t ~ of ~ ~]~ of ~ ~ ~ at ri~t ~1~; ~ ~ 89~47'21" wm~ 76.48 f~t; ~ ~ 0~'22" wm~ 190 f~t; ~ ~ 89"47'21" ~ 25 f~t; ~ ~ 0.~.~" wm~ ~ f~t ~ ~ ~ ~t of ~. SC~JLE B Offic~ File No.: E-95628-3 Policy No: 48 0025 60 003225 ~ policy does not insur~ against loss or damage (and the Cu.~nny will not pay costs, attu~,~;s' f~-~ or expenses) which arise by r~-~n of: A. Rights or claims disclosed c~ly by l~ssession, or claimed possession, of the. B. Er~uachm~nts, and questic~s of lc~aticn, bour~y and area disclosed c~ly by inspecti~n of the pr~mises or by survey. C. V~emants, ~criptive rights, rights-of-way, st~'6~ts, roads, alleys or hig~ not disclosed by the public reoords. D. Any lien, or right to a lien, for contributions to ~mploy~ benefit funds, or for state workers' c~,~ensatic~, or for services, labor, or material heretofore or her~afte_r furnished, all as imposed by law, and not shown by the public r~nrds. E. Taxes or special asses~uents which are not yet pay-able or which or not sh~n as F. Any servioe, installatic~, cc~_~action, maintenance, tap, capacity or oc~st~-uctlc~ chaz'ges for sewer, w~ter, eleut~icity natural gas or other utilities, Or garbage G. ~_~_rvaticl~s ar~ exoeptic~s in the United States P~tents or in A~ts authorizing the issuar~e thareof: Ir~ian tribal codes or regulations; Indian t~aty or aboriginal rights, including ~ements or equitable servitudes. H. Indian tribal c~des or r~ulatic~s, Indian treaty or aboriginal rights, ir~l,~g ~=~uents or equitable servitudes. I. Water rights, claims or title to w~ter. J. Defects, liens, er~umb~, adverse claims or ot3~r matters, if any, cI~ated, fi~t app~a~ing in the public r~w~rds, or attacbir~ subsequent to the effective date hereof but prior to the date the proposed Insured acquires of r~ord for v~lue the e~t~te or interest or mortgage t3~reon covered by this FOR SPECIA5 E~t:.:~-rl(l~S, SEE A'rrali~ED BOx 6: Box ?: Box 9: Box 15: lAND TITLE COMP~Y OF KITS~P COt~TY Offioe File No.: E-95628-3 Polio/ N~ber: 48 0025 60 003225 {)ate of Policy: Febzllary 8, 1994 at 9:16 a.m. ~m~unt of ~e: $160,000.00 P~,.{um: $625.00 1. N~.= of Insured: 2. ~he estate ar ~n1~st in th~ land which is covex~d by this policy is: A ~-~.~.· 3. Title to ~h~ estate ar int~st in the land is vested in: KITSAP COUNTY 4. The land ref~d to in this policy is ~=~cribed as follows: ~ ~ DESCRIPTION A'r,'af/~) (~q "E~IBIT A" AND ~Y R~-~.~2qCE MADE A PART f~EOF SCH~I~3I~ A ALTA Owner's Policy 4-6-90 · Offioe File No.: E-95628-3 Policy No.: 48 0025 60 003225 ~.:~-'.I~C.~ ~'~.-,.-~.'.L~: 1. w~_nt, ir~l,~ its terms, covenants and p~u~isic~s as disclosed by ir~ tz ~ment; D~ted: OCTOBER 6, 1986 ~e~a~C~3~: OCrORER 8, 1986 Recor~1 n~ No: 8610080096 F~r: ir~x~ss, e~zw. ss and utilities Affects: portion of said 034 .~ O2O (K ST) 04l 042 , 102 ~-" ., ~ ~!4) . - .... ~i~ce thereon. ..... LAND TITLE CO~,~FANy I CONDITIONS A, ND STIPULATIONS 1. DEFINITION OF TERMS (c) Whenever the Company shaft have brought an action or interposed a - The following terms when used in this policy mean: defense as required or per~nitted by the provisions of this policy, the Company (a) "insumd": t he insured named in Schedule A, and, subject to any rights may pursue any litigation to final determination by a courl of competent juds. or defenses the Company would have had against t he named insured, t hose diction and expressly reserves the right, in its sole discretion, to appear from who succeed to the interest of the named insured by operation of taw as any adverse judgment or order distinguished from purchase including, but not limited to, heirs, distributees, (d) In all cases where this policy permits or requires the Company to prose- devisees, survivors, personal representatives, next of kin, or corporate or cute or provide for the defense of any action or proceeding, the insured shalr fiduciary Successors. secure to the Company the right to so prosecute or provide defense in the (b) "insured claimant": an insured claiming Foss or damage, action or proceeding, and all appeals therein, and permit the Company to (c)*'knowledge" or "known": actual knowledge, not constructive knowl- use, at its option, the name of the insured for this purpose. Whenever edge or rtctice which may be imputed to an insured by reason of the public requested by the Company, the insured, at the Company's expense, shall give records as defined in this policy or any other records which impaq construc- the Company all reasonable aid (i) in any action or proceeding, securing tire rtotlce of matters affecting the land. evidence, obtaining witnesses, prosecuting or defending the action or pro- (d) "land" the land descnbed or referred to in Schedule A, and improve- ceeding, or effecfing settlement, and (ii) in any other lawful act which in the ments affixed thereto which by law constit ute real property. The term -land- opinion of the Company may be necessary or desirable to establish the title to does no{ include any property beyond the lines of the area described or the estate orinterest asinsured. IftheCompanyis prejudicedbythefailureof referred to in Schedule A, nor any right, tide, interest, estate or easement in the insured to furnish the required cooperation, the Company's obligations to abutt{ng streets, roads, avenues, alleys, lanes, ways or waterways, but noth- the insured under the policy shall terminate, including any liability or obliga- lng heroin shall modify or limit the extent to which a right of access fo and from tion to defend, prosecute, or continue any litigation, with regard to the matter the lam:l is insured by this policy, or matters requiring such cooperation (e) "mortgage": mortgage, deed of trust, trust deed, or other security 5. PROOF OF LOSS OR DAMAGE instrument. " I "' ' In addition to and after the notices required under Section 3 of these Cor~di- (0 pub ~c records . records estab ~shed under state statutes at Date of tions and Stipulations have been provided the Company, a proof of loss or Policy for the purpose of imparting constructive notice of matters relating to damage signed and sworn to by the insured claimant shall be furnished tO the mai property to purchasers for value and without knowledge. With respect to Company within 90 days after the insured claimant shall ascertain the facts Section l(aXiv) of the Exclusions From Coverage, "public records" shall also giving rise to the loss or damage. The proof of loss or damage shall describe include environmental protection liens filed in the records of the clerk of the the defect in, or lien or encumbrance on the title, or other matter insured United States district court for the district in which the land is located, against by this policy which constitutes the basis of loss or damage and shall (g) "unmarketability of the title": an alleged or apparent matter affecting state, to the extent possible, the basis of calculating the amount of the loss or the titfa to the land, not excluded or excepted from coverage, which would damage, If the Company ~s prejudiced by the failure of the insured claimant to entitle a purchaser of the estate or interest described in Schedule A to be provide the required proof of loss or damage, the Company's obligations to released from the obligation to purchase by virtue of a contractual condition the insured under the policy shall terminate, including any liability or obliga- requiring the delivery of marketable title, tion to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE In addition, the insured claimant may reasonably be required to submit to The coverage of this policy shall continue in force as of Date of Policy in examination under oath by any authorized representative of the Company favor of an insured only so long as the insured retains an estate or interest in and shall produce for examination, ~nspection and copying, at such reason- the lam:l, or holds an indebtedness secured by a purchase money mortgage able times and places as may be designated by any authorized representative given by a purchaser from the insured, or only so long as the insured shall of the Company. all records, books, ledgers, checks correspondence and have li;~bitity by mason of covenants of warranty made by the insured in any memoranda, whether bearing a date before or after Date of Po{icy, which transfer or Conveyance of the estate or interest. This pelicy shall not continue reasonably pertain to the loss or damage Further. if requestec~ by any autho- in force in favor of any purchaser from the insured of either (i) an estate or rized representative of the Company. the insured claimant shall grant its interest in the land, or (ii) an indebtedness secured by a purchase money permission, in writing, for any authorized representative of the Company to mortgage given to the insured, examine. *nspect and copy all records, books, ledgers, checks, correspon- dence and memoranda in the custody or control of a thir(~ par~y, which reason- 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT ably pertain to the loss or damage All information designated as confidential The insured shall not[fy the Company promptly in writing (i) in case of any by the insured claimant provided to the Company pursuant to this Sechon litigation as set forthin Section 4(a} below, ii)in case knowledge shallcome o shall not be disclosed to others unless, in the reasonable judgment of the an insured hereunder of any claim of title or interest which is adverse to the Company, it is necessary in the administration of the claim Failure of the title to the estate or interest, as insured, and which might cause loss or dam. insuredclaimanttosubmitforexaminationunderoathproduceotherreason_ age forwhich the Company may beliable by virtue of this policy, or (iii) if titla to ably requested information or grant permission to secure reasonably neces- theestate orinterest, as insured, is rejected as unmarketable If prompt notice sary information from third parties as required in this paragraph shall fermi- shall no{ be given to the Company, then as to the insured all liability of the nate any liability of the Company under this policy as to that claim Company shall terminate with regard to the matter or matters for which prompt notice la required; provided, however, that failure to notify the Company sba 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION in no case prejudice the rights of any insured under this policy unless the OF LIABILITY Company shall be prejudiced by the failure and then only to the extent of the In case of a claim under this policy, the Company shall have the follo~ mg prejudice. additional options: 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED (a) To Pay or Tender Payment of the Amount of Insurance. CLAIMANT TO COOPERATE To pay or tender payment of the amount of insurance under this policy (a) Upon written request by the insured and subject to the options con- toga he w th any costs, attorneys' fees and expenses incurred by the insured lained in Section 6 of these Conditions and Stipulations. the Company, at its claimant, which were authorized by the Company, up to the time of payment or OWn co~ and w~thout unreasonable delay, shall provide for the defense of an tender of payment and which the Company ~s obligated to pay. insured in litigation in which any third party asserts a claim adverse fo the title Upon the exercise by the Company of this option, a~Hiability and obligations or interest as insured, but only as to those stated causes of action alleging a to the insured unde this policy, other than o make the payment required, shall defect, lienorencumbranceorother matter insured against bythispolicy, The terminate, including any liability or obligation to defend, prosecute, or con- Company shall have the right to select counse~ of its choice (subject to the tinue any litigation, and the policy shall be surrendered to the Company for right of the insured to object for reasonable cause) to represent the insured as cancellation to those stated causes of action and shall not be liable for and will not pay the (b) To Pay or Otherwise Settle With Parties Other than the Insured or fees of any other counsel. The Company will not pay any fees, costs or With the Insured Claimant. expartses incurred by the insured in the defense of those causes of action (i) to pay or otherwise settle with other parties for or in the name of an which allege matters riot insured against by this policy, insured claimant any claim insured against under this policy, together with any (b) The Company shall have the right, at its own cost, to institute and costs, attorneys' fees and expenses recurred by the insured claimant which prosecule any action or proceeding or to do any other act which in its opinion were authorized by the Company up to the time of payment and which the may be necessary or desirable to esrsbiish the title to the estate or interest, as Compa ny is obligated to pay; or insured, o~ to prevent or reduce loss or damage lo the insured. The Company (ii) to pay er et he,wise settle with the insured claimant the loss or damage maylake any appropriate action under the terms of th~s policy, whsther or not provided for under this policy, together with any costs, attorneys' fees and it ahallhellableherouttder, end shall not therebyconcedeliabilityor waiveany expenses incurred by the insured claimant which were authorized by the provi.~o~ of this policy. If the Company shall exercise its rights under this Company up to the time of payment and which the Company is obligated to paragraph it shall do so diligently, pay Upon the exercise by the Company of e*ther ol the ophons prowded for m (b) When habd~ty and the extenl of loss or damage has been definite~ fixecl paragraphs (b)(i) or (ii), the Company's obligations to {he insured under th~s ,n accordance w~th Ihese Condd~ons and Stipulations, the loss o~ damage policy for the cla~med loss or damage, other than the payments required to be shall be payable w~th*n 30 days thereatter made, shall terminate, including any habd~ty or obhgahon to defend, prose- cul[e or continue any litigation t3. SUBROGATION UPON PAYMENT OR SETTLEMENT ?. DETERMINATION. EXTENT OF LIABILITY AND COINSURANCE (a) The Company*s Right of Subr~atton. This policy *s a contract of indemnity against actual monetary loss or dam- Whenever the Company shall have settled and paid a claim under this age sustained or recurred by the insured claimant who has suffered loss or policy, all right of subrogalion shall vest in the Company unaffected by any act damage by reason of matters insured agamst by Ih~s policy and only to the ol the insured claimant extent here~n described The Company shall be subrogated to and be entitled to ail rights and (a) The liahihty of the Company under th~s pohcy shall not exceed the least remedies which the ~nsured ciaimanl would have had against any pei-~o~l or of: property in respect to the c~aim had th~s policy not been issued. II requested by (0 the Amount of Insurance stated in Schedule A: or, the Company, the mSured claimant shali Iransfer to the Company all rights (ii) the d~fference between the value of the msured estate or interest as and remedies agamst any person or property necessary in order to perfect insured and the value of the insured estate or mterest subject to the defect, this right of subrogahon The insured claimant shall permit the Company to lien or encumbrance insured against by this policy sue, compromme or sett~e in the name of the insured claimant and to use the (b) In ~he even~ the Amount of Insurance stated in Schedule A at [he Date of name of the insured claimant in any transaction or litigation involving these Policy is less than 80 percent of the value at the insured estate or interest or rights or remedies the full cons*derahon pa~d for the land. whichever is less, or if subsequem to If a payment on account of a claim does not fully cover the loss of the the Cate of Pohcy an ~mprovement is erected on the land which increases the msured claimant, the Company shall D~ subrogated to these rights and tame- value of the ~nsured estate or interest by at least 20 percen~ over the Amount of dies in the proportion which the Company's payment bears to the whore Insurance stated m Schedule A, then th~s Policy is subject to the followmg amount of the toss (i) where no subsequent ~mprovemen~ has been made, as to any part~al If loss should result from any act of the insured claimant, as stated above. loss the Company shall only pay the loss pro rata in the proportion that the that act shall not void this policy, but the Company, ~n that event, shall be amount of insurance at Date of Policy bears to the total value of the insured required to pay only that part ofany losses insured against bythis policy which estate or mterest at Date of Pohcy: or shall exceed the amount, ~f any, lost to the Company by reason of the ~mpair- U~) where a subsequent ~mprovement has been made as to any part~al merit by the insured claimant of the Company's right of subrogation. loss. the Company shall only pay the loss pro rata in the proportion that 120 percent of the Amount of Insurance staled ,n Schedule A bears to the sum of (b) The Company's Rights Against Non-insured Obligors. lc) The Company will pay only those costs, attorneys' fees and expenses 14. ARBITRATION 8. APPORTIONMENT American Arbitrahon Association Arbarable matters may include, but are m:X value has otherwise been agreed upon as to each parcel by the Company and arbitrated only when agreed to by both the Company and the insured. Arbitra- 9. LIMITATION OF LIABILITY effect at Date of Policy shall be binding upon the parties. The award may diligent manner by any method including litigation and the completion of any jurisdiction thereof appeals therefrom, it shall have fully performed its obligations with respect to The law of the situs of the land shall apply to an arbitration under the Tdle (b) In the event of any litigation, including litigation by the Company or with A copy of the Rules may be obtained from the Company upon request. age until there has been a final determination by a court of competent jurisdic- 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT rich. and disposition of all appeals therefrom, adverse to the title as insured. (a) This policy together with all endorsements, if any, attached hereto bythe (c) The Company shall not be liable for loss or damage to any insured for Company is the entire policy and contract be~veen the insured and the Coo~ liability voluntarily assumed by the insured in settling any claim or suit without pany. In interpreting any provision of this policy, this policy shall be conetrued 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF (b) Any claim of loss or damage, whether or not based on negligence, ~ a writing endorsed hereon or attached hereto signed by either the President, a 11. LIABILITY NONCUMULATIVE Vice President, the Secretary, an Assistant Secretary. or validating officer or shall be reduced by any amount the Company may pay under any policy ~nsunng a mortgage to which exception is taken in Schedule B or to which the 16. SEVERABILITY 12. PAYMENT OF LOSS 17. NOTICES, WHERE SENT (a) No payment shall be made without producing this policy for endorse* All notices required to be given the Company and any statement in writing Company CHICAGO TITLE INSURANCE COMPANY LAND TITLE COMPANY OF KITSAP COUNTY 400 Warren Avenue P.O. Box 313 Bremerton. Washington 98310 Telephone: (206) 377-0133 ~-800-950-432~ Fax: (206) 377-~28 Bremerton Escrow: (206) 377-3005 Silverdale Escrow: (206) 692-4033 Port Orchard Escrow: (206) 876-0450 To: ~CITY OF BRE~ERTON ~239 - ~TH STREET BREMERTON. WA 98310 Attention: JACKIE Your: Our: E-95628-3 LAND TITLE,~0~PANY OF KITSAP COUNTY By: ............... /' t .............. Authorized ~Ki~Sa tut e Copies to: ISSUED FROM THE 0FFICE. 0F: LAND TITLE COMPANY OF KITSAP COUNTY COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: NOVEMBER 18, 1993 at 8:00 a.m. Office File No.: E-95628-3 2. Policy or Policies to be issued: Your Reference: ALTA Owner's Policy 4-6-90 Amount: $160,000.00 (X) Standard ( ) Extended Premium: $625.00 Proposed Insured: Tax: $50.63 KITSAP COUNTY ALTA Loan Policy 4-6-90 Amount: ( ) Standard ( ) Extended Premium: Proposed Insured: Tax: Other Coverage: Amount: ( ) Standard ( ) Extended Premium: $0.00 Proposed Insured: 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. The estate or interest in the land which is covered by this Commitment is: A FEE 4. Title to the estate or interest in the land is vested in: THE CITY OF BREMERTON, a municipal corporation 5. The land referred to in this Commitment is described as follows: THE LEGAL DESCRIPTION IS ATTACHED ON EXHIBIT 'A' AND BECOMES A PART HEREOF. C0MMITMENT F0R TITLE INSURANCE Office File No. E-95628-3 Page 2 SCHEDULE B Schedule B of the Policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: GENERAL EXCEPTIONS: A. Rights or claims of parties in possession not shown by the public records. B. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey and inspection of the premises. C. Easements, or claims of easements, not shown by the public records. D. Any lien, or right to a lien, for contributions to employee benefit 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 '~ecords. E. Taxes or special assessments, which are not shown as existing liens by the public records. F. Any service, installation, connection, maintenance, or construction charges for sewer, water, electricity or garbage collection and disposal. G. Reservations and exceptions in United States Patents or in Acts authorizing the issuance thereof; Indian tribal codes or regulations; Indian treaty or aboriginal rights, including easements or equitable servitudes. H. Water rights, claims, or title to water. I. 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 the proposed Insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. COMMITMENT FOR TITLE INSURANCE Office File No.: E-95628-3 Page 3 SCHEDULE B-I SPECIAL EXCEPTIONS: 1. Easement, including its terms, covenants and provisions as disclosed by instrument; Dated: OCTOBER 6, 1986 Recorded: OCTOBER 8, 1986 Recording No: 8610080096 For: ingress, egress and utilities Affects: portion of said premises 2. Taxes, interest and penalties, if any, which may result from the loss of the tax exemption for which this property has qualified. Amount: $5,272.69 Tax Account No.: 212401-1-114-2003 Affects: said premises Levy Code: 0010 3- Liens of real estate excise sales t~ upon any sale of said premises, if unpaid. Excise Tax Rate for Kitsap County is 1.78%. SG/br END OF SPECIAL EXCEPTIONS COMMITMENT FOR TITLE INSURANCE Office File No. E-95628-3 Page 4 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 and the presumed intention of the parties to the transaction. The description must be examined and approved by the parties prior to closing. END OF SCHEDULE C EXHIBIT 'A' DESCRIPTION~ Order No.: E-95628-3 /~ne North 250 feet of that portion of the West half of the Southwest quarter of the Southeast quarter of the Northeast quarter, Section 21, Township 24 North, Range 1 East, W.M., in Kitsp County, Washington, lying Easterly of Union Avenue West and South of Werner Road (K Street); F~CEPT that portion described as follows: Beginning at the Northwest corner of the Southwest quarter of the Southeast quarter of the Northeast quarter of said Section 21; thence North 89°47'21'' East on the centerline of Werner Road, a distance of 334.46 feet; thence South 0'34'22" West 30 feet to the South margin of Werner Road and the True Point of Beginning; thence South 89'47'21" West 25.00 feet; thence South 0'34'22" West 60.00 feet; thence North 89°47'21'' East 25.00 feet; thence North 0°34'22'' East 60.00 feet to the True Point of Beginning. / 0~0 FK ST} 040 041 042 102 \ ~04 043 ~ ~- 044 ' ' (R 214) . ,..,. ~=,~.~~ liability for any Io~ ~mrin8 by reaso~ liance t~reon. - ............. :' ' ~ND TITLE COMPANY SELLER'S CLOSING STATEMENT SELLER: CITY OF BREMERTON PURCHASER: COUNTY OF KITSAP LEGAL DESCRIPTION: See Attached. AMOUNTS DUE SELLER Total Purchase Price $160,000.00 REDUCED by Seller's Closing Costs: 1/2 Title Insurance Premium [1/2 $675.63] $337.82 1/2 Recording Fee for Statutory Warranty Deed [1/2 $8.00] 4.00 Total Seller's Closing Costs $341.82 [ 341.82) TOTAL CASH PROCEEDS PAYABLE TO SELLER AT CLOSING $159,658.18 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 t is day of 1993 · / / ' CIT~TON IAN R. ~IEVERS ~ Bremerton City Attorney SELLER' S CLOSING STATEMENT KITSAPI.CS - REAL£STE - 12/8/93 LEGAL DESCRIPTION A portion of Section 21, T24N, R1E, W.M. described as follows: Beginning at the NW corner of the SW1/4 of the SE1/4 of the NE1/4 of said Sec. 21; thence N89o47,21.E along the centerline of Werner Rd a distance of 309.48 ft; thence S0o34~22-W 40 ft to the True Point of Beginning; thence S89o47'21,,W 74.66 ft to the beginning of an arc of a curve; thence along the arc of a curve to the left a distance of 54.62 ft, said arc having a radius of 30 ft, a central angle of 104°19'33'' to a point 40 ft easterly of the centerline of Union Ave, measured at right angles; thence southerly along a line parallel to and 40 ft east of the centerline of Union Ave to a point 280 ft south of the centerline of Werner Rd measured at right angles; thence N89o47,21,,E 76.48 ft; thence N0°34~22"E 190 ft; thence S89~47~21-W 25 ft; thence N0o34'22"E 50 ft to the True Point of Beginning. The North 15 feet of the above parcel is hereby reserved for a slope easement by the City of Bremerton. The City of Bremerton shall have the right to enter upon said slope easement as necessary for future construction and maintenance of the easement. PURCHASER'S CLOSING STATEMENT SELLER: CITY OF BREMERTON PURCHASER: COUNTY OF KITSAP LEGAL DESCRIPTION: See Attached. PURCHASER MUST PAY Total Purchase Price $160,000.00 ADD Purchaser's Closing Costs to Cash Payment Payable at Closing 1/2 Title Insurance Premium [1/2 $337.81] $337.81 1/2 Recording Fee for Statutory Warranty Deed [1/2 $8.00] 4.00 Total Purchaser's Closing Costs $341.81 ( 341.81) TOTAL CASH REQUIRED FROM PURCHASER TO CLOSE $160,341.81 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 I~ day of ~2)~¢~ 1993. ' COUNTY OF KITSAP KARIN L. NYROP ! ' Kitsap County Deputy Prosecuting Attorney PURCHASER' S CLOSING STATEMENT KIISAP2.CS - REALESIE - 12/8/93 LEGAL DESCRIPTION A portion of Section 21, T24N, R1E, W.M. described as follows: Beginning at the NW corner of the SW1/4 of the SE1/4 of the NE1/4 of said Sec. 21; thence N89°47~21"E along the centerline of Werner Rd a distance of 309.48 ft; thence S0o34'22.W 40 ft to the True Point of Beginning; thence S89°47~21"W 74.66 ft to the beginning of an arc of a curve; thence along the arc of a curve to the left a distance of 54.62 ft, said arc having a radius of 30 ft, a central angle of 104o19~33. to a point 40 ft easterly of the centerline of Union Ave, measured at right angles; thence southerly along a line parallel to and 40 ft east of the centerline of Union Ave to a point 280 ft south of the centerline of Werner Rd measured at right angles; thence N89°47~21"E 76.48 ft; thence N0°34~22"E 190 ft; thence S89o47~21.W 25 ft; thence N0°34~22"E 50 ft to the True Point of Beginning. The North 15 feet of the above parcel is hereby reserved for a slope easement by the City of Bremerton. The City of Bremerton shall have the right to enter upon said slope easement as necessary for future construction and maintenance of the easement. PLEASE TYPE OR PRINT REAL ESTATE EXCISE TAX AFFIDAVIT This form ls your recelpt when stamped by cashier. Form No. 84 0001A CHAPTER 82.45 RCW - CHAPTER 458-61 WAC ,'~ For Use at County Treasurer's Of 0ce ,,~ ~7---x for Rcporling Transfers of Controlling Interest of Enfily Ownership lo the Dcpa~lment of Revenue) tFFIDAVIT WILL NO'r BE ACCEPTED UNLESS ALL ITEMS ARE FULLY COMPLE~rED Name City of Bremerton I~ Name County of Kitsap Street 239 Fourth Street ~<~ Street 614 Division Street Bremerton State I"rA' Zip 98310 =c~ City Port Orchard State I/A. Zip98366 City ADDRESS TO SEND ALL PROPERTY TAX RELATED CORRESPONDENCE ALL TAX PARCEL NUMBERS ~ ¥~::~!!?.~::~:.~ Name County of K~tsap 212401-1-114..2003 ::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: w~'hr~rw~c-4 Port Orchard} WA 98366 ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: City/State ' Zip :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~l LEGAL DESCRIPTION OF PROPERTY SITUATED IN [] UNINCORPORATED K~ts'ap COUNTY [] OR IN CITY OF Street Address (if property is improved): See Attached, Does this transfer of real property reflect the tmnsfer or acquisition of the contmlling interest in an entity with an interest in real property in this state? Yes[-] No[-I If yes, this transfer of controlling interest must also be reported to the Department of Revenue within five days of the sate on Form No. 84 000lB. [] Is this property currently: YES NO [] Description of tangible personal property if included in sale (furniture, Classified or designated as forest land? [] [] appliances, etc.) Chapter 84.33 RCW Not applicable Classified as current use land (open space, farm [] [] and agricultural, or timber)? Chapter 84.34 RCW Exempt from property tax under nonprofit [] [] If exemption claimed, put WAC number and title. organizations? Chapter 84.36 RCW 458,-61-420 Receiving special valuation as historic [] [] WAC Number property under?. Chapter 84.25 RCW WAC Title Goverranent Transfers To or From Property Type: [] land only [] land with new building ~ land with previously [] land with mobile home q~pe of Document Statutory Warranty Deed used building Date of Document Ill(l) NOTICE OF CONTINUANCE (RCW 84.33 or RCW 84.34) Gross Sale Price $ 160~000.00 If the new owner(s) of land that is classified or designated as current use Personal Property (deduct) $ or forest land wish to continue the classification or designation of such land Taxable Sale Price $ the new owner(s) mast sign below. If the new owner(s) do not desire to 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 $ be due and payable by the seller or transferor at the time of sale. The county Delinquent Interest: State $. -0- assessor must determine if the land transferred qualifies to continue Local $. -0- classification or designation and must so indicate below. Signatures do not ,4}- occcssarily mean the land will remain in classification or designation. If Delinquent Penalty: State $ it no longer qualifies, it will be removed and the compensating taxes will Total Due $ 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 [] docs not qualify for continuance. [] AFFIDAVIT Date I certify under penalty of perjury under the laws of the state of DEPUTY ASSESSOR ghshington that the foregoing is true and correct. (2) NOTICE OF COMPLIANCE (Chapter 84.26 RCW) Signature of If the new owner(s) of property with special valuation as historic property Grantor/Agent wish to continue this special valuation the new owner(s) must sign below. If the new owocr(s) do not desire to continue such special valuation, all Name (print) Inn R, Sievers. Bremerton City additional tax calculated pursuant to Chapter 84.26 RCW, shall be duc and At torney payable by the seller or transferor at thc time of sale. Date & Place of Signingl~ramerton: WA. (3) OWNER(S) SIGNATURE Signature of Grantee/Agent Karin L. Nyrop Name (prinl) ro. tsap county oeputy ~'rosecutzng Date & Place of SigningPort 0rchard, WA. Attorne7 [] PERJURY Perjury is a class C felony which is punishable by imprisonment in a state correctional institution for a maximum term of not more than five years, or by a fine in an amount fixed by the court of not more than five thousand dollars ($5,000.00), or by both imprisonment and fine (RCW 9A.20.020 (lC)). DISTRIBUTION: Original - County Treasurer 1st Copy - Depamnent of Revenue 2nd Copy - County Assessor 3rd Copy - Taxpayer FOR TREASURER'S USE ONLY FORM REV 84 000lA (6-93) (PD 6-10-93) LE~ff., DESCRIPTION A portion of Section 21, T24N, R1E, W.M. described as follows: Beginning at the NW corner of the SW1/4 of the SE1/4 of the NE1/4 of said Sec. 21; thence N89°47'21"E along the centerline of Werner Rd a distance of 309.48 ft; thence S0°34'22"W 40 ft to the True Point of Beginning; thence S89°47'21"W 74.66 ft to the beginning of an arc of a curve; thence along the arc of a curve to the left a distance of 54.62 ft, said arc having a radius of 30 ft, a central angle of 104°19'33'' to a point 40 ft easterly of the centerline of Union Ave, measured at right angles; thence southerly along a line parallel to and 40 ft east of the centerline of Union Ave to a point 280 ft south of the centerline of Werner Rd measured at right angles; thence N89°47'21"E 76.48 ft; thence N0°34'22"E 190 ft; thence S89°47'21"W 25 ft; thence N0°34'22"E 50 ft to the True Point of Beginning. The North 15 feet of the above parcel is hereby reserved for a slope easement by the City of Bremerton. The city of Bremerton shall have the right to enter upon said slope easement as necessary for future construction and maintenance of the easement. AGENDA BILL BREMERTON CITY COUNCIL 1. SUBIECT: PUBLIC HEARING FORAGENDA OF: May 12. 1993 Surplus of Cityland: 500 UaionAve ORIGINATING DEPT: B_llik[illg__D.Dg~ (Kitsap Mental Health Service) ORIGINATOR: D. Pratt ' · DATE SUBMITIED: May 6. 1993 2. ~(Comment on back if ncccss,a,/) ~/~ Director of Communj~D~evelo. pment A. March ~0, 1995, Planning Commission D/a~o~of.Ada~.S~ces ~5.~gl.__ ~ Minutes. . City Attomo/_.~/~.o...~.~ ~ -- B. Staff Reports C. City Policies and Procedures / Real Property:. Surplus and disposal. D. Zoning Map E. Comprehensive Plan Map F. Parcel Map ENDORSEMENT__ INFORMATION__ APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: MAYOR COUNCIL PRESIDENT, .~~'~c"/~'-~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: A. City Policy and Procedure Finance 1-6 (attached) outlines the procedure for disposal of surplus real property. The City Council acts on a recommendation from the Planning Commission to surplus property. B. The bases for determining to surplus or not are not clearly defined. C. Properties approved for surplus are to follow a process for disposal as outlined in the Policy. D. The Planning Commission recommended the property be surplussed. RECOMMENDATION: Move to approve 500 Union Avenue (and associated lands) for surplus with the following conditions: 9. RESPONSIBI.~ ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: PULLED TABLED ~ AP~.~//'""DISAPPROVED AMENDED COUNCIL DIRECTIVE: PIIF~'~ ~ DATE: 11. AGENDA BILL NO.: ~ - 0?.5' 2. CLEARANCE COMME]NT~: 5. IMPACT OF NON,PASSAGE: . Property Will_be remin~l imder City ownership The building is under Kitsap County ownership. Use of the building will require an interlocal agreement between the City and the County. Kitsap Mental Health Services is planning to vacate use of the building and desires to use revenue from the building to finance its 6. IMPACT ON STAFFING, BUDGETS. FACILITIES. EO_UIPM~NT OR-OTHER RESOURCES: Surplussing and selling the property will phce the property on the tax'rolls. ~., 7. RESEARCH SOURCES: :. . 93WlO4/bk BREMERTO ING COMMISSION MINUTES - - ~ ~-~ ~r service is available upon obtal~lng property as p~City of Bremer~on, a.~ - ~ . 8. All subdivision plats shall be prepared by a licensed surveyor. ~. Lots ~1 an~ ~6~al} resolve front perimeter setback issues by special perf,,it (Special Exception) prior to development. 10. Request curbing along booth sides of Village Lane, Green belt area, and open play ~ advised the public of ~the Planning Commission's recommendation for approval of the amen~ed motion to city Council. ~ called for a 5 minute break. B. ~it? of Bremerton Surnlus of City-owned lands ~itsaD Mental ~ealth Services facility at Union Avenue & ~grner Road Intersection ~om~{ssion Conflict of Interest;Appearance of Fairness: None. ~ommission Conflict of interest/Appearance of Fairness - Comments ~ None. Staff Presentation: Donald Pratt. Director of Community Development. presented the staff report for this application. ~_~gave.a brief history and background of the property and current uses of surrounding He went on to explain the surplus property ~rocess, properties. · · , --~- ehe basis for review and recommends=Ion, anu ~n d a not et approved draft South Auto Center .Industrial reviewe Y ..... ~w ~ratt reviewed the District Enhancemen: ~r°~-~-L~ ~w,a hi rec~----'~mmendations for administrative process anu approval. Chairman McBride called for additional comments: None were offered. M/S/C/U (Nickerson/Koch - APPROVED 8-0) BE IT RESOLVED, the Bremerton Planning Commission, after considering oral testimony and the staff report, hereby recommends to the City Council AP~°f surplus of City land. LOCATION: One parcel, two separated lots as shown on the attached site plan. The primary portion of the parcel is located at the southeast intersection of Wemer Road and Union Avenue. It is currently the site of Kitsap Mental Health Services. A second portion of the parcel lies approximately 485 feet north along Kean Street (a continuation of Union Avenue), on the east side. PARCEL DESCRIPTION: The primary parcel is a developed site hosting public facilities developed and managed by Kitsap Mental Health Services. The parcel is approximately 28,750 square feet. The parcel fronts on both Wemer Road and Union Avenue. There is a significant slope on the site from a low point on the northeast comer to the high point at the southwest comer. The second parcel is a small sliver of land with a triangular shape 153 feet long with a maximum width of 20 feet. The parcel is immediately adjacent to the Kean Road right-of-way and has been developed as part of the yard of an adjacent property. MAJOR ISSUES: A. Surplus property process and Planning Commission role and bases for rexdew and recommendation. B. Method and form of disposal. COMPREHENSIVE PLAN and ZONING: A. WernerFLlnion Parcel 1. Comprehensive Plan designation: Industrial/Business Park 2. Zoning and Use: a. Parcel: Industrial Park; Use: Professional offices. b. North: Industrial General; Use: Right-of-Way. c. East: General Business; Use: Auto dealership. d. $o~th: General Business (recently annexed; not yet depicted on zoning maps); Use: Auto dealership. e. West: Industrial General; Use: Right-of-Way/government offices. B. KeandRodgers Parcel 1. Comprehensive Plan designation: Industrial/Bus'mess Park 2. Zoning and Use: a. Parcel: Industrial General; Use: Residential b. North: Industrial General; Use: Vacant c. East: Industrial General; Use: Residential d. South: Industrial General; Use: Right-of-Way. e. West: Industrial General; Use: Right-of-Way. C. Redevelopment Planning The City has recently discussed redevelopment activities for areas adjacent to and including these two parcel segments. The discussion has been limited to staffonlv Discussions includes the following pertinent comments: Rodgers Street is a key link between Kean Street and Auto Center Way. However, it is narrow, only partially improved, and additional right-of-way is needed at its west end to complete the connection at Kean. Most of Kean Street has been developed with curbs, gutters, and sidewalks. However, those improvements don't continue along Kean Street through the study area to Werner Road. Pedestrians must share the asphalt with vehicular traffic or walk on often muddy shoulders. FILE g01-93 Page 2 SPECIFIC PROJECT PROPOSALS: Extension and improvement ofRodgers Stree~ between Auto Center Way and Kean Street. a. Acquire approximately 3,500 sq. ft. of additional right-of-way between the west end of the Rodgers Street ROW and Kean Street. This is in addition to the City's 2,000 sq. f. that already exists along the north side of lot 16. b. Pave Rodgers Street as a two-lane industrial connector street with no on-street parking between Auto Center Way and Kean Street. c. Include storm drain improvements, as necessary, along Rodgers Street to accommodate runoff from adjacent properties along the north side -- lots # 1 and #2 in particular. d. ONE-WAY OPTION: The narrow width of the Rodgers Street ROW (about 25 fi) can't accommodate two lanes of truck traffic and a walkway for pedestrians. Consider a one-way eastbound option. This would allow for one extra wide lane to accommodate truck traffic and would leave additional fight- of-way for a pedestrian walkway, or walkway/bikeway combination. The eastbound direction would allow a counter-clockwise circulation pattern without having to enter Werner Road for a left turn on an uphill grade and make another left turn at Auto Center Way. Right-of-Wa_v improvements along both sides of Kean Street. north of Werner Roatl. a. Portions of the lower part of Kean Street lack curbs, gutters, sidewalks and street trees. Such improvements should be installed as the natural continuation of similar improvements that already exist mediately north of the Project Area. b. Adjacent property owners, particularly along the west side of Kean Street, should participate in the design of the Urban Renewal Project and in the City's physical and aesthetic improvements by making needed landscaping and other improvements on their own properties. c. The City should consider plac'mg distinctive entrance signs to the "Auto Center Industrial Area" at the intersections of Wemer and Kean and at Wemer and Auto Center Way. (Similar signs might later be placed at the northern entrance as well.) 8. Drainage basin improvements to reduce the flood potential in the vicinity of Rodgers and Kean Street. FILE g01-93 Page 3 a. Upgrade storm drain lines in the vicinity of Rodgers Street and Kean Street, as necessary, to assure adequate storm drainage for at least a 50- year storm. b. Consider establishment of a local government district to finance needed storm drain improvements. Such a district might include all properties within the drainage basin, or at least all of the Auto Center Industrial Area properties. c. Amend development codes and minimum standards to prevent additional mn-off from new development within this basin until the needed improvements are in place. BACKGROUND INFORMATION It is not known how the City acquired the parcel in question. The parcel currently hosts a Kitsap Mental Health Services outpatient treatment facility. KMHS is a comprehensive mental health center. The Unionfi,Verner facility was constructed in 1977 as the result of a joint effort by Kitsap County and the City. The County provided grant funds and other resources to construct the facility; the City provided the land. KMHS is now developing a large facility which it plans to host all its activities. The new facility is sited at Riddell and Almira in East Bremerton. Funds from the sale of the Union/Werner facility are necessary to fund cunstmction of the new facility. The Union~qerner building cannot be sold unless the City declares the property to be surplus. In researching the Union~erner parcel, we discovered that the Rodg~rs/Kean piece was included in the parcel. EXISTING EASEMENTS None. COMMENT SURVEY Planning - Retain the Kean/Rodgers piece. Building- Retain the Kean/Rodgers piece. Engineering - Retain the Kean/Rodgers piece. All other departments had no comment. FILE g01-93 Page 4 SURPLUS PROPERTY PROCESS AND CRITERIA The role of the Planning Commission in the surplus property process is outlined in Administrative Policy and Procedure 1-6 (June, 1983): Real Property: Surplus and Disposal: 4. Planning Departmem will review item identified, provide any appropriate comments and refer to the Planning Commission for evaluation. The Planning Commission will submit a repor~ to Council with a recommendation to Sell, Trade, Retain, etc., with a justification for the recommendation. The Planning Commission shall consider trades with respect to enhancing other City properties. It appears that the only action recommendations and criteria are: Action 1: Retain or dispose Criteria 2: Whether or not the City has a need to retain this property. Action 2: Dispose through sale or trade. Criteria 2: Will a trade enhance other City properties. RECOMMENDED FINDINGS AND CONCLUSION. A. Findings The comment smvey disclosed no City need to retain the Werner/Union segment of the parcel but did disclose a need to retain the Rodgers/Kean parcel. 2~ The comment survey found no opportunity to trade the parcel to enhance other City properties. 3. The Kean/Rodgers segment of the parcel is of potential value to implement urban renewal in the neighborhood. B. Conclusion: 1. Separate the KeardRodgers segment from the Unionflqqemer segment. 2. Retain the KeardRodgers segment. 3. Sell the Union/Werner segment. FILE gOI-93 Page 5 Recommended Motion: A. Planning Commission adopts stafffindings and conclusions and recommends same to the City Council. 93wo66Pok FILE g01-93 Page 6 098' 079 076 0~,3 O3l ( 078 034 £.3o ' 035 ,I ROAD (K ST/ - .... ~ 14 ..... ' \ ~--~ ,,p~ ;I, ,o~ --0)t'O -DO. - I ~:,r. I '~ I 043 ---' ~ '" __ J '. CURRENT CITY ZONING South Auto Center Industrial Dist[ict GB General Business IG General Industry $F-3 Single-family Residential it;l I 7 CURRENT COMPREHENSIVE PLAN South ~U%9 Center Industrial District SENSITIVE AREAS ~ RESIDENTIAL/ 1$-30UNIIS/ACBE PARKS & OPEN SPACE ~ COMMERCIAL PUBLIC/QUASI PUBLIC FACILITIES N NEIGHBORHOOD COMMERCIAL E [LE.'vlENIARy SCHOOL ~ INDUSTRIAL/BUSINESS PARK /v~S MIDDLE SCHOOL L [IBaARY ~P P~OPOSED H HOSPITAL ~ PROFESSIONAL OFFICE C CEMETARY HS HIGH SCHOOL I1~11 C~V U~nS RESIDENTIAL / 0'7 UNIISIACRE RESIDENIIAL/ 7, 15 UNIIS/ACRE ~ DI~IEICI$ CONTRACT NO. KC-210-93 INTERLOCAL AGREEMENT CONCERNING THE APPRAISAL AND SALE OF THE PROPERTY LOCATED AT 500 UNION AVENUE, BREMERTON, WASHINGTON WHEREAS, the City of Bremerton owns a parcel of real property commonly known as 500 Union Avenue, Bremerton, Washington, and legally described as: The north 250 feet of the following described tract; that portion of the west half of the southwest one quarter of the northeast one quarter of section 21, Township 2YN, Range i East, W.M., Kitsap County, Washington, lying east of Union Avenue and south of Warner Road. WHEREAS, the Kitsap County is the owner of the building on the above described parcel of real property, such building having been built with State referendum funds; WHEREAS, the City of Bremerton is presently leasing this real property to Ki~sap County for the purpose of providing Mental Health Services to the community; WHEREAS, Kitsap County is presently leasing this building to Kitsap Resources Consolidated for the purpose of providing Mental Health Services to the community; WHEREAS, the city of Bremerton and Kitsap County desire to sell the real property and its improvements, namely Kitsap County's building; WHEREAS, the City of Bremerton and Kitsap County are authorized to enter into interlocal agreements pursuant to RCW 39.34 et seq.; NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is hereby agreed as follows: fLgii~]~_l. Appraisal of Real Property. The parties agree to obtain an appraisal of the real property and its improvements, hereinafter the Property, from a qualified, independent appraiser. It is agreed that the appraiser shall be Ray Richards and Associates. ~ Cost of the Appraisal. The parties agree that the cost of the appraisal of the Property shall be borne equally by each party. The appraiser shall submit the invoice to the City of Bremerton. The parties agree that the City of Bremerton shall pay the appraiser and shall bill Kitsap County for its share. ~. Sale of Real Property. The parties agree that the City shall be the lead agency as to the marketing and selling of the Property and that the City shall use its best efforts to sell the Property. The parties further agree that any costs incurred in the marketing and selling of the Property shall be borne thirty- four percent (34%) by the city of Bremerton and sixty-six percent (66%) by Kitsap County provided that each party is notified beforehand of any costs. The parties further agree that the City of Bremerton shall obtain the consent of Kitsap County prior to entering into an agreement to sell the Property. ~. Distribution of Proceeds. The pa~ties/ agree that the proceeds from the sale of the PropertyAshall be disbursed as follows: The City of Bremerton Kitsap County 6~ 2 A. Parties. Any notice or demand that a party may or must give to the other hereunder shall be in writing and delivered by facsimile and personally or by registered mail addressed as follows; If to the City of Bremerton: Kathy McCluskey City of Bremarton 239 4th Street Bremerton, Washington Telephone: 206-478-5290 Facsi~ile: 206-478-5200; If to Kitsap County: Win Granlund, Chairman Kitsap County Board of County Commissioners 614 Division Street Port Orchard, Washington 98366 Telephone: 206-876-7146 Facsimile: 206-895-3932 Bo Tenant. Larry Keller Kitsap Mental Health Services 4060 Wheaton Way Bremerton, Washington 98310-3559 Telephone: 206-373-5031 ~ ~. Either party to this agreement may terminate it upon thirty (30) days written notice to the other. ~. Term. This agreement shall be in effect until said Property is sold and the proceeds are distributed pursuant to the terms herein. SectionS. ~l~&~. This writing constitutes the entire agreement between the parties, subject to any agreed upon written amendments thereto. 3 LOUIS MENTOR, Mayor DATED this ~day of ~ - , 19~. ~O~D ~ co~iss~o.~s ATTE.~T: ,~".'": ":u~, co__er ~lerk ~f ~he BOard 4 ADMINISTRATIVE SERVICES KATHLEEN McCLUSKEY, DIRECTOR Gateway to the Olympics and Home of the Puget Sound Naval Shipyard America's Most Liveable City March 3, 1993 Ms. Pat Richardson Kitsap County Prosecutor's office 614 Division Street Port Orchard, WA 98366 Re: Appraisal of Kitsap Mental Health Services Building and Land, 500 Union Avenue, Bremerton, Washington Dear Pat: Enclosed is a copy of the appraisal for the above referenced property. I've also enclosed a copy of the invoice in the amount of $3,000.00. Please let me know how you would like the invoice handled. We can pay the full amount and bill the county for one- half or we can each send a check in the amount of $1,500 to Richards and Associates. The City Planning Commission will address the issue of surplus of this property on March 16th. Their recommendation will go to the City Council on March 24th or 31st. The property should be cleared for sale by the first of April. Please let me know how the county wishes to handle the sale of the property. Sincerely, Director of Administrative Services KLM:eh enclosure 239 4TH STREET · BREMERTON, WA 98310 · (206) 478-5290 .~. ~; O~,m..i~ OFFICE OF THE Kitsap County Prosecuting Attorney C. Danny Clem, Prosecuting Attorney Kitsap County Courthouse Fax No. (206) 8954949 Victim / Witness Division 614 Division Strcet MS-35 (206)895-4988 (206)895-4989 Port Orchard, WA 98366-4676 Child Support / Paternity Division (206) 876-7174 (206) 876-7020 Scan 262-7174 Scan 262-220 March 15, 1993 Kathy McCluskey orGil Johnson City of Breme~ 439 4th Str 98310 RE: A ~le of Kitsap M~m~. ~lte~fier~ices ~ing a~d; 50 Bremerto~, Dear County for the meets ~r of original If you ha~ PATRICIA A. RICHARDSON Depuly Prosecuting A~torney PAR/s cc: La,'ry Keller, Kitsap Mental Health Services LOG CItY OF BREMERTON ADMINISTRATIVE SERVICES Date: March 24, 1993 To: Ian Sievers, city Attorney From: Kathleen McCluskey, Administrative Services Director Re: Kitsap Mental Health Attached is the proposed Interlocal Agreement regarding the above. Some comments: The second "Whereas" indicates we are leasing the property to Kitsap Resources Consolidated. That lease expired and we have a lease with the County as you know. Section 1. The appraisal has been obtained from Richards and Associates. Section 2. We have paid the appraiser and billed the County. Section 3. Should cost be borne equally or in proportion to ownership 34/66% split. Section 4. This is using the appraisal figure. Section 5 through 8. OK. The document doesn't state that both parties need to agree to the sale price. According to this we could just go ahead and sell and at any price we choose. Please provide me with your comments. Shall I respond to Patricia or will you? K~:eh attachment ADMINISTRATIVE SERVICES · KATHLEEN McCLUSKEY, DIRECTOR America's Most Livmbk Ci~ March 24, 1993 Ms. Patricia Richardson Kitsap County Courthouse 614 Division Street Port Orchard, WA 98366 Dear Ms. Richardson: Attached is a copy of the statement from Richards and Associates for the appraisal of the Kitsap Mental Health Service building and property. The City ha· paid the full amount. Please pass this invoice along to the appropriate department for reimbursement one-half the cost ($1,500) to the City. The interlocal agreement is being reviewed by our City Attorney. I will get back to you shortly withsignatures and/or any que·tions we might have. Sincerely, eon L. McCluskey Director of Administrative Services enclosure cc: Accounts Receivable w/attachment 239 4TH STREET · BREMERTON, WA 98310 · (206) 478-5290 Da{e: City of Bmmerton Warrant Number: VENDOR NUMBER GENERAL CLAIM N p O R T E N T DESCRI~ION FUND I DEPT I BA/S I El. I OBJ I PROJECT INVOICE NUMBER , INVOICE DATE ~ AMOUNT , PAYMENT NO. CERTIFICATION I, THE UNDERSIGNED, DO HEREBY CERTIFY UNDER PENALTY OF PERJURY, THAT THE MATERIALS HAVE BEEN FURNISHED, THE SERVICES RENDERED OR THE LABOR PERFORMED AS DESCRIBED HEREIN, AND THAT THE CLAIM IS JUST, DUE AND AN UNPAID OBLIGATION AGAINST THE CITY OF BREMERTON, AND THAT I AM AUTHORIZED TO AUTHENTICATE AND CERTIFY TO SAID CLAIM. APPROVA ---- 1 EPTL (AUDITING ~1~10 HEAD) ORDER RECEIVED BY CLAIM Gateway to the Olympics and Home of the Puget Sound Naval Shipyard America's Most Liveable City April 1, 1993 Ms. Patricia A. Richardson Deputy Prosecuting Attorney Kitsap County Courthouse 614 Division Street Port Orchard, WA 98366 Dear Ms. Richardson: Enclosed is a copy of the proposed interlocal agreement with suggested changes. 1. The City currently has an interlocal agreement with Kitsap County dated March 26, 1990 for lease of the building, not with Kitsap Resources Consolidated. 2. Section three has been changed to provide for splitting of marketing costs in the same proportion as the land and building value. We have also added a statement that County consent to sell the property must be obtained. 3. Sections 5 - 8 are changed to reflect the proper numerical order. If these changes meet with your approval, please redraft and return for signatures. The property sale was approved by the Bremerton Planning Commission on March 16th. It will be presented to Council for approval on April 16th after which we can proceed to market the parcel. Sincerely, Kathleen L. McCluskey ~ Director of Administrative Services ~Kl~:eh enclosure 239 4TH STREET · BREMERTON, WA 98310 · (2~) 478-5290 CITY OF BREI~TON ADMINISTRATIVE SERVICES DEPAR'I')D~ TO: Eileen Fitz, Council President ~ FROM: Kathleen McCluskey, Administrative Services Director RE: 1. Kitsap Mental Health DATE: May 11 1993 1. Kitsap Mental Health: The KMH building and land surplus request is on tomorrow nights agenda. This just requests approval to surplus and sell. It does not deal with the issue of distribution of money. Before a sale is finalized it will come back for council approval and a decision regarding fund distribution. Also, an interlocal (draft attached) with the county will be signed regarding the sale. The city will handle the sale and all costs will be shared proportionately based upon the value. I will not be at tomorrow nights meeting. Hopefully this additional information will be helpful. Rich Hanna has been briefed. CITY OF BREMERTON ADMINISTRATIVE SER CES Date: May 21, 1993 ~ ~-~ To: R~dy Witt, City Bngineer From: Kathleen McCluskey, A~inistrative Se~ices Director Re: Kitsap Mental Health Property As you know, the Council approved sale of the Kitsap Mental Health property. Please provide me with an accurate legal description as soon as possible so that I can proceed with the sale. Itve enclosed portions of the Planning Commission recommendation indicating that a separate parcel was included in the legal description and should be removed. 'Also, the expanded right of way you requested must beaddressed. A copy of the legal used by the appraiser is also attached. I~:eh attachments ADMINISTRATIVE SERVICES KATHLEEN McCLUSKEY, DIRECTOR Gateway to the Olympics and Home of the Puget Sound Naval Shipyard June ?, 1993 Commissioner Win Granlund Kitsap County Courthouse 614 Division Street Port Orchard, WA 98366 Dear Commissioner Granlund: Encloseda~e tw~ signed cop~es of the Interlocal Agreement regarding =ne sale of the Kltsap Mental Health building and property. The Council requested a change to section 4 Distribution of Proceeds, adding the words "as is". The concern was that there may be conditions placed upon the sale of the building which would necessitate an expenditure of funds to bring it up to code. In that event, the County would absorb the cost of the upgrade or improvement. If you concur, please initial the change and return one signed copy to my attention. It is the City's intent to initially attempt to market the property without hiring a real estate agent. We will contact prospective buyers in the area and determine if a negotiated sale is possible. If that fails we will proceed to market through traditional methods. Please contact me if you have any suggestions or concerns. Sincerely, Kathleen L. McCluskey Director of Administrative Services KLM:eh enclosures cc: Mayor Mentor 239 4TH STREET · BREMERTON, WA 98310 · (206) 478-5290 · OFFICE OF THE CITY CLERK · Gateway to the Olympics and Home of the Puget Sound Naval Shipyard America's Most Liveable City June 15, 1993 NOTICE TO PROPERTY OWNERS AND OTHER INTERESTED PARTIES: The City of Bremerton and Kitsap County jointly offer for sale the Building and Land located at 500 Union Avenue, Bremerton, WA. The City of Bremerton will accept proposals from parties interested in purchasing the property up to, but no later than 5:00 p.m., Tuesday, July 6, 1993. The City reserves the right to accept or reject any or all proposals received if the best interests of the City are thereby served. Proposals are to be submitted in a sealed envelope, clearly marked: "Property Sale: 500 Union", and addressed to Purchasing Supervisor, City of Bremerton, 239 4th Street, Bremerton, WA 98310. A 6,134 sf wood frame single story building with partial basement is constructed on the 26,800 (+-) sf site. Zoning is IP (Industrial Park). Land and Building was appraised on February 9, 1993 for $475,000. The appraisal states the highest and best use as Professional Offices. Legal Description: The north 250 feet of the following described property; that portion of the following described property lying east of Union Ave: The west half of the SW1/4 of the-SE1/4 of the NE1/4 of Section 21, T24N, R1E, WM in Kitsap County Washington. Except Werner Road, ALSO, Except the following described property: Beginning at the northwest corner of said west half, thence N89° 47'21"E along the centerline of Werner Road a distance of 334.48 feet; thence 50~34'22"W 30 feet to the south margin of Werner Road and the true point of beginning; thence S83~47,21,,W 25 feet; thence 50~34'22,,W 60 feet; thence N83~47'21,,E 25 feet, thence NO~ 34'22"E 60 feet to the true point of beginning. If you have any questions regarding this sale, contact either Gil Johnson, Purchasing Supervisor, 478-5293; or Kathleen McCluskey, Administrative Services Director, 478-5290. 239 4TH STREET · BREMERTON, WA 98310 · (206) 478-5290 Gmew~ to the O~mp~ and Home of the P~et Sound Naval Sh~ya~ September 9, 1993 Commissioner Win Granlund Kitsap County Courthouse 614 Division Street Port Orchard, WA 98366 RE: Sale of Kitsap Mental Health building and property Dear Commissioner Granlund: As you may recall, the City and County entered into an Interlocal Agreement for the sale of the above referenced property. The city was to act as lead agency for the marketing and sale. It was recently brought to my attention through a third or fourth party that the county has actively entered into negotiations with Chuck Haselwood for purchase of the parcel. While we certainly have no objection to such negotiations, it would be helpful to have some level of communication with the county staff responsible so that we can cease the further expenditures of money and time marketing this property. A further issue is the legal description of the property. The legal being used is incorrect. It includes an additional small parcel approximately 485 feet north along Kean Street which is not for sale. We also wish to retain a forty foot right of way on Union Ave and Werner Rd., a thirty foot radius on the corner and a fifteen foot 'slope easement on Werner Rd. I had not previously provided this information to the county because I was unaware of your active involvement in the sale. As my information about the negotiated sale with Mr. Haselwood is sketchy at best, I would appreciate being contacted by the appropriate county staff person so that we can coordinate this sale. Thank you for your assistance. Sincerely, athleen L McCluskey Administrative Services Director cc: Mayor Mentor KLM:nn 239 4TH STREET · BREMERTON, WA 98310 REVISED 30 AUGUST 1993 GERRY THORNBURGH DESCRIPTION OF 500 UNION WITH A 40 FOOT R/W ON UNION AVE AND WERNER RD AND A 30 FOOT RADIUS ON THE CORNER AND A 15 FOOT SLOPE EASEMENT ON WERNER RD. A portion of Section 21, T24N, R1E, W.M. described as follows: Beginning at the NW corner of the SW1/4 of the SE1/4 of the NE1/4 of said Sec. 21; thence N89°47'21"E along the centerline of Werner Rd a distance of 309.48 ft; thence S0°34'22,,W 40 ft to the True Point of Beginning; thence S89°47'21',W 74.66 ft to the beginning of an arc of a curve; thence along the arc of a curve to the left a distance of 54.62 ft, said arc having a radius of 30 ft, a central angle of 104°19~33,, to'a point 40 ft easterly of the centerline of Union Ave, measured at right angles; thence southerly along a line parallel to and 40 ft east of the centerline of Union Ave to a point 280 ft south of the centerline of Werner Rd measured at right angles; thence N89°47,21,,E 76.48 ft; thence NO°34'22"E 190 ft; thence S89°47,21,,W 25 ft; thence N0°34,22,,E 50 ft to the True Point of Beginning. The North 15 feet of the above parcel is hereby reserved for a slope easement by the City of Bremerton. The City of Bremerton shall have the right to enter upon said slope easement as necessary for future construction and maintenance of the easement. CITY OF BREMERTON 239 4TH STREET BREMERTON WA 98310 AMERICA'S MOST LIVEABLE CITY FAX NUMBER (206)478-5200 FACSIMILE COVER SHEET INDIVIDUAL FAX NUMBER ~206,- SENDER k~"~'~ N~BER OF PAGES INCLUDING COVER SHEET cO EN S File #91147 City of Bremerton November 23, 1993 LEGAL DESCRIPTION FOR PARCEL AT UNION AVENUE & WERNER ROAD A portion of the West Half of the Southwest Quarter of the Southeast Quarter of the Northeast Quarter of Section 21, Township 24 North, Range 1 East of the Willamette Meridian in Kitsap County, Washington, described as follows: COMMENCING at the northeast corner of said West Half; thence South 01°59'28'' West along the east line of said West Half a distance of 30.00 feet to the south margin of Werner Road; thence North 88°51'09" West along said south margin 25.00 feet; thence South 01°59'28'' West 10.00 feet to the POINT OF BEGINNING; thence continuing North 88°51'09" West 73.5 feet to a Point of Curvature; thence southwesterly along a curve concave southeasterly having a radius of 30.00 feet, an arc of 54.6 feet and a central angle of 104°15'05" to a Point of Tangency which is 40.00 feet normal distance easterly of the centerline of Union Avenue; thence Southerly parallel with and 40.00 feet normal distance easterly of the centerline of Union Avenue to the south line of the North 280 feet of said West Half; thence South 88°51'09" East along said south line to the east line of said West Half; thence North 01 °59'28" East along said east line 200.02 feet; thence North 88051'09" West 25.00 feet; thence North 01059'28'' East 40.01 feet to the POINT OF BEGINNING; SUBJECT TO an easement over, under and across the North 15 feet for slopes, future construction and maintenance. · ENGINEERING DIVISION · Gateway to the Olympics and Home of the Puget Sound Naval Shipyard MEMORANDUM To: Kathleen McCluskey, City Clerk From: Randy Witt, City Engineer'~ Subj: Sale of City Property at Union & Werner Date: November 29, 1993 Attached is an original legal description and drawing for the portion of the City property at Union and Werner being sold to the County. This reflects the corrections made prior to the Council Meeting of November 23, 1993. RW/po 93387 Attachment cc: Eddy Chu (w/o attachments) Ian Sievers (w/attachments) Gerry Thornburgh (w/attachments) 286 4TH STREET · BREMERTON, WA98310 · (206) 478~5270 ADMINISTRATIVE SERVICES I. KATHLEEN McCLUSKEY, DIRECTOR Gate~ay to the Olympics and Home of the Puget Sound Naval Shipyard December 1, 1993 Mr. Ron Perkerewicz Kitsap County Department of Community Development County Courthouse 614 Division Street Port Orchard, WA 98366 Dear Ron: Enclosed is the original and one copy of the Purchase and Sale Agreement along with a map provided by our Engineering Department. Please provide me with a fully executed copy of the Agreement and the County check in the amount of $160,000 upon closing. Sincerely, KLM:eh enclosures yDS,-Ir' brand fax transmittal memo 7671 I#ofpages I. ~" o / Co. / Dept. Phone ~ 239 4TH STREET · BREMERTON, WA 98310 · (2G6) 478-5290 OFFICE OF THE CITY ATTORNEY · IAN R. SIEVERS, CITY ATTORNEY December 9, 1993 Ms. Karin L. Nyrop Kitsap County Deputy Prosecuting Attorney Kitsap County Prosecutor's Office 614 Division Street Port Orchard, Washington 98366 Re: City of Bremerton/Kitsap County Transaction Dear Ms. Nyrop: Please find enclosed with this letter the following: 1. Copy of Supplemental title policy from Land Title Company; 2. Copy of Statutory Warranty Deed between City of Bremerton, as Grantor, and Kitsap County, as Grantee; 3. 1% Real Estate Excise Tax Affidavit; 4. Copy of Seller's Closing Statement; and 5. Purchaser's Closing Statement. If the above documents meet with your approval, please execute the Purchaser's Closing Statement and the 1% Excise Tax Affidavit, return a copy of the Purchaser's Closing Statement and the original Excise Tax Affidavit to our office, together with a check in the amount of $160,341.81 for closing this transaction. Upon receipt of the same, I will have the Statutory Warranty Deed executed and we will forward the same to the Auditor for recording. I will also' send a conformed copy of the Deed to you for your information and file while awaiting the original from the Auditor. Please do not hesitate to contact our office if you have any questions in this regard. Sincerely, J~KIE R) DIXO~ Legal Assistant to IAN R. SIEVERS Enclosures: as cited cc/w/enc: Kathleen McCluskey, Administrative Services Director/ 2394T]ISTREET · BREMERTON, WA98310 · (2~)4785345 · FAX(2(~)47&516] Engineers / Planners / Surveyors / Environmental Specialists 2601 South 35th, Suite 200 · Tacoma, WA 98409-7479 Invoice number 21677 December 31, 1993 Page number 1 CITY OF BREMERTON PUBLIC WORKS 239 4TH ST BREMERTON WA 98310 Professional Services November 15 - December 12, 1993 91147. Services for preparing legal description and drawing of the property at the southeast corner of Union and Werner, work included research, calculations, review writing legal and drafting. 630.00 Invoice Total 630.00 Jim Barnard PAC TECH ENGINEERING, INC. R E C 1: ~ ~,, ~: r- JAN 0 3 'r994 JAN 0 z11993 'i,,'~ CITY OF BR~MERTON i~NblNL-~:RS PAC-TECH Engineering, Inc. · 2601 South 35th, Suite 200 · Tacoma, WA 98409-7479 Pierce County: (206) 473-4491 · King County: (206) 243-7112 · Kitsap County: (206) 377-2053 Fed 16O379 Engineers / Planners / Surveyors / Environmental Specialists 2601 South 35th, Suite 200 · Tacoma, WA 98409-7479 Invoice number 21678 December 31, 1993 Page number 1 CITY OF BREMERTON PUBLIC WORKS 239 4TH ST BREMERTON WA 98310 Professional Services November 15 - December 12, 1993 91157. OLD PUBLIC WORKS BUILDING Services to research, review, rewrite and type new legal description for the old public works building at 17th and Warren. 210.00 Invoice Total 210.00 Jim Barnard PAC TECH ENGINEERING, INC. R E C ~: m ~, JAN 0 11993 PAC-TECH Engineering, Inc. · 2601 South 35th, Suite 200 · Tacoma, WA 98409-7479 Pierce County: (206) 473-4491 · King County: (206) 243-7112 * Kitsap County: (206) 377-2053 Fed #91 -1 160379 ADMINISTRATIVE SERVICES · KATHLEEN McCLUSKEY, DIRECTOR January 25, 1994 Ms. Karin Nyrop County Prosecutor*· Office 614 Divi·ion Port Orchard, WA 98366 Dear Karin: Enclosed is a copy of the Statutory Warranty Deed, Real Estate Tax Affidavit and closing statements. The original Deed has been ·ent to the County Auditor for recording and the Tax Affidavit has been filed with the County Treasurer. Sincerely, Administrative Services KLM:ch Enclosures 239 4TH STREET · BREMERTON, WA 98310 · (206) 478-5290 Dete: City of Bremerton Warrant Number: VENDOR NUMBER GENERAL CLAIM N p O R T R (~,,c::~,~:~-~ k..~) c~__... M E N T DESCRI~ION T~AL PROJECT , INVOICE NUMBER I INVOICE DATE CERTiFiCATION l, THE UNDERSIGNED, DO HEREBY CERTIFY UNDER PENALTY OF PERJURY, THAT THE MATERIALS HAVE BEEN FURNISHED, THE SERVICES RENDERED OR THE LABOR PERFORMED AS DESCRIBED HEREIN, AND THAT THE CLAIM IS JUST, DUE AND AN UNPAID OBLIGATION AGAINST THE CITY OF BREMERTON, AND THAT I AM AUTHORIZED TO AUTHENTICATE AND CERTIFY TO SAID CLAIM, ~-.,~A~_. ~"~'~"7 ORDER RECEIVED BY XCLAIM APPROVAL (AUDITING OFF~CER/DEPT HEAD) OF KITSAP COUNTY 400 WARREN AVE. · P.O. BOX 313 · BREMERTON, WA 98310 (206) 373-01~ · FAX: (206) 377-0112 ATTN: JACKIE ~S6 - 4TH t2: sI M ETON' STREET . ~' / ,-J~"' T~,~: :'~ BREMERTON WA 98~10 KC1810 E095628 03-04-94 PARTIES: CITY OF BREM. / KITSAP COUNTY 12-06-93 OWNERS/STD & tax 675.63 03-04-94 Policy Issued UNDERWRITTEN BY: TOTAL Ik 675.63 CHICAGO TITLE INSURANCE COMPANY ¥ RETURN WITH YOUR REMITTANCE TO: LAND TITLE COMPANY OF KITSAP COUNTY P,O. Box 313 · Bremerton, WA 98310 KC1810 E095628 CITY OF BREMERTON PARTIES: CITY OF BREM. / KITSAP COUNTY LEGAL DEPARTMENT lan R. Slevers. City Attomoy Cl¥il Attorneys James J. McNamara ~ i Leila Mills Prosecuting Attorney Gateway to the Olympics and Home o[ the Puget Sound Naval Shipyard T. David A~odaca DATE: March 10, 1994 TO: Kathleen McCluskey, Administrative Services Director FROM: Jackie Cronk, Legal Assistant ~,._~-, RE: City of Bremerton/Kitsap County TraWsaction Please find attached a copy of my letter to Karin Nyrop, together with a copy of the Title Policy issued by Land Title with regard to the above-referenced transaction. I have also attached an invoice that Land Title sent with the policy for payment of the title insurance premium in the amount of $675.63. Would you please check for me to make sure that the premium was paid on this transaction or are you waiting until we receive invoices for payment until we pay the premiums in real estate closings? I have also attached copies of the closing statements for your reference. The premium was to be paid one-half by the County and one-half by the City. Let me know if you have any questions. Thanks! 2394TIISTREET · BREMERTON, WA98310 · (206)478-5260 An Equal Opportunity En~olo~r LEGAL DEPARTMENT March 10, 1994 Ms. Karin L. Nyrop Kitsap County Deputy Prosecuting Attorney Kitsap County Prosecutor's office 614 Division Street Port Orchard, Washington 98366 Re: city of Bremerton/Kitsap County Transaction Dear Ms. Nyrop: Please find enclosed with this letter the original Title Insurance Policy issued by Land Title Company, with regard to the above- referenced transaction, for your information and file. Sincerely, J~KIE R.. CRONK L~al Assistant to IAN R. SIEVERS cc/w/enc: Kathleen McCluskey, Administrative Services Director 230 4Tll STREET · BREMERTON, WA 08310 · (206) 478-5260 1983 CITY OF BREMERTON ADMINISTRATIVE POLICIES AND PROCEDURES ~"lannin9 D3p[ Subject: File Under Section: No. ~LALP]~PERI¥: SURPLUS ANDDISPOSAL FINANCE 1-6 Revision Date: :Approved By: Council 6/29/83 All Revisions Are Marked By An Asterisk (*) 1. ' Depa~',b,ent Head r~utes memo to Clerk identifying pro..pe~cy to s~l~. ~p~,¢~t Head should provide a ba~md ~s~ssion ~la~ive to ~e item. (i.e., ~ p~ased, ~y, ~i~i~ cost~ why no l~geP needed, etc. ) 2. Clerk ~utes ~is it~ to o~er Ci~ dep~.O,~ts to dete~e if ~e~ is a need fop ~is p~y. If no need id~tified p~eed. 3. A ba~md pa~age relative ~o the s~je~ p~pe~ is p~p~d by Cle~ ~d s~ed to ~e Pi~K Pi~K ~p~t will ~view item identified, p~vide ~y a~pviate c~ts ~d ~fer to ~e PI~E ~n~ssi~ fora eval~tion. ~e Pl~g ~ssion will s~t a ~ to ~cil wi~ a ~da~ion to Sell, ~ade, Re~, etc., ~ a just~i~tion fop the ~c~n~on. ~e PI~K C~ssi~ sh~l ~nsideP ~ades ~th ~s~ct to e~c~g o~eP Ci~ p~ies. If ~cil a~ion is to Sell/~de, ~e s~ject p~pe~ies ~11 ~ eval~ted fo~ est~ted v~ue by a ~ied ~p~ise~. ~e est~ted v~ue ~11 be ~ed ~ a basis fop a ~ ac~pt~le s~e p~ice. 6. P~pe~ies s~lused shall be disused of as foll~s: A) All p~ ~e~ ~ 250 feet sh~l ~ notified via le~e~. B) ~ sh~l ~ ~sted ~th a ~adily ~s~le "FoP Sale" si~ fo~ s~e by ~e Ci~. C) P~pe~ies s~ll be adve~ised ~ ~e ne~pa~m fop a ~ of 10 ~ys ~ ~e Real Estate secti~. 7. ~e p~ies ~11 be sold via bid ~aT1 ~th ~e app~sed pPice set at ~e ~ accept~le sale pPice. 8. ~1 s~lus p~ies will ~ ~gated ~d s~l~ed ~ a ye~. 9. ~e Ci~ A~o~ey's offi~ s~ll p~p~ ~ h~e all clos~g ~th ~ to ~y ~ p~pe~ies sold oP ~ded. 10. All f~ds ~mi~d f~m the sale of s~lus ~ies, ~ ~e excepti~ of ~e utilities, sh~l ~ ~ed to ~ app~pPiate f~d ~ d~ed by ~e Ci~ ~cil. 11. On a ~se b~is the ~cil ~y waive ~y p~visions of ~s p~ced~ wh~ ~ ~t co~ell~g need is d~ns~ated. Appendix D PROPERTY OWNERS MAIUNG UST South Auto Center Industrial District: Source: ~tsap County Assessor's Records Obtained March 31, 1993 LOT OWNERS OF RECORD 1 CHRYSLER REALTY CORP - 416-16-05 ~ 12000 Chrysler Dr.; Highland Park, MI 48288 2 RODGERS STREET ASSOCIATES 14001 - 57th Ave. S., No. 300; Seattle WA 98168 3 U.S. WEST INC. -- CORPORATE TAX DEPT. 6300 S. Syracuse Way - 700 N; Englewood CO 80111 4 GARTIN, Cecil W. and Reva 7245 S.E. Overaa Road; Port Orchard WA 98366 5 STROBLE, Ray R. 4701 W. Rodgers Street; Bremerton WA 98312 6 SHEARSON SELF STORAGE - Shurgard of Bremerton 1201 Third Avenue, Suite 2200; Seattle WA 98101 7 DAVIS, Gillom and Onita 4703 Rodgers Street; Bremerton WA 98312 8 HARRIS, Henry and Lucille P.O. Box 2166; Silverdale WA 98383 9 PUGET WESTERN, INC. 19515 N. Creek Parkway #310; Bothell WA 98011-8200 ~ PU~ ',',~-,~, ,-,~;,~, ;NC. 11 BURLEY, Ron 420 1/2 Union Street; Bremerton WA 98312 13 SINCLAIR COMMUNITY BAPTIST CHURCH 440 Union Street; Bremerton WA 98312 14 PARATRANSIT SERVICES 4810 Auto Center Way; Bremerton WA 98312 15 PENINSULA TRUCK MNES 6314 Seventh S.; Seattle WA 98108 D AFT LOT OWNERS OF RECORD -46- DU ,~_~';', 17 OSWALD, Joseph A & Jeanne 4901 Kean Street; Bremerton WA 98312 20 ROBINSON, James 4904 Kitsap Way; Bremerton WA 98312 21 HUNT, Gregory B. c/o P.O. Box 3863; Silverdale WA 98383 23 HASELWOOD, Charles & Joanne 4117 K]tsap Way; Bremerton WA 98312 24 JACOBSEN, R.E. P.O. Box 110879; Tacoma WA 98411 ~ ~ASE~ C;~,~;~.- &-J,,~,~,~e H ..... ~ ............. ne (See #23 above) (See #12 above) 28 EASTER, Lillian Louise 5007 Monroe Street; Bremer~on WA 98312 ~ ~4_-euise 31 KRAUT, James L 4951 Monroe Street; Bremerton WA 98312 DEAFT LOT OWNERS OF RECORD 32 MOORE, Joe & Debra 4945 Monroe Street; Bremerton WA 98312 34 SWAP, Affred G. 400 Olympic Avenue; Bremerton WA 98312 36 SMITH, Susie 4902 Werner Road; Bremerton WA 98312 ~ SESKO, William & Natacha S,.~36 Arsenal Way; Bremer~on WA 98312 40 BELL, David Sr. & Gladys 6720 S. Hawthorne Road; Seattle WA 98118 .41 ELDREDGE, Florence 6467 E Blvd. N; Bremerton WA 98310 (As listed) 42 ANDERSON, Daniel R. P.O. Box 43091; Las Vegas NV 89104 43 KITSAP COUNTY TAX TITLE 614 Division Street; Port Orchard WA 98366 16:MAlUNG.LST D - 3 ...... ~o ~ o ~ ~ ~' ~ 0~0 ,~ ]~ ' 041 ,, ,~ 102 ~ ~ I j2 ~o ~ '~ 104 z- II ~ --- -1t ........... 043 Z/ CONTRACT FILE ENCLOSURES This form shall be last entered and will remain as top sheet in contract file. Those items checked are appropriate contrac, t file enclosures Document Enclosed ~~_~ Requisition Council Approved Call for Bid Bid Preparation Instruction Advertisement Vendor Mailing List Bid Package Tabulation Awarding Agenda Bill Vendor Notice of Award Vendor Notice of Non-Award Contract Copy of Bid Bond Copy of Performance Bond Certificate of Insurance Copy of Purchase Order Contract Ledger Form copy of Input Bheet .-7- ,,,~ Other & Misc. Correspondence/Reports CONTRACT INPUT SHEET Contract Number: % ~O ~ Ve der. __ ~ Subject. ~ ~J%c~ ' ~ ~ Department: Contract Amount:~~ ~o)~o' Of) Begin Date: \~ ~-~-- 0~ End Date: Review Date: INSURANCE AMOUNT Accident Liability General Liability Errors & Omissions Property Bonds Review Date: Comments: ~ O~ t~c~ ~i- ~( ~,~l-~1'~3:%~'/t