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Home My WebLink About3071354 P~ge: 1 of 4 AFTER RECORDING MAIL TO: 03/04/$8 11:35fl AN~ TIT ~ ~0 §££~ $11 88 Kitza~ Co, W8 Name City of Bremerton/City Attorney Address239 Fourth Street City, Slab, Zip Bremerton, WA 98337 Statutory Warranty Deed LAND TITLE COMPANY OF KITSAP COUNTY E-112919 Escrow NO. S- 9526-CA ~ GRANTOR CHARLES C. HASELWOOD AND JOANNE L. HASELWOOD, who also appears of record as CHARLES HASELWOOD AND JOANNE HASELWOOD, husband and wife forandi, co.sidcrafionof TEN DOLLARS AND OTHER VALUABLE CONSIDERATION AND AS PART OF AN IRC 1031 TAX DEFERRED EXCHANGE in hand paid, conveys and wali~/Hs to CITY OF BREMERTON, a Municipal Corporation · e ~l~insd~dbed ~ esmW, situa~d ~ ~e County of Kitsap ,Sm~ of Washingmn: Legal Description attached hereto as Exhibit "A" on page 2. Abbreviated Legal Description: Quarter: Gov. Lot 1, Section 28, Township 24 North, Range 1 East/Tax Account No. 282401-1-078-2000 and 282401-1-062-2008 BY KfrsAP COUNTY ~ STATE OF WASWINGTON COUNTY OFc~L/k>~--~-C~ l~ On thi~ ,~( Way of !~O~P/~.~, , i9 9~' , I certify that I know ~o~ have satisfactory evidence that ~ ~ _ ~, i~_ , the person ~ who app&ared before ~, /and said person ~ acknowledged tha~ signed this instrument and acknowledged it to be~ free and volunta~ ~ for the uses and purposes mentioned in this instrument. P~c in and f~r thVState of ~ ~/.O~A"p% M%commission expire~: EXHIBIT A FILE NO. E-~12919 ESCROW NO:S-9526-CA PARCEL I: THAT PORTION OF GOVERNMENT LOT 1, SECTION 28, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 1; THENCE SOUTH l°40'47" WEST ALONG THE EAST LINE OF SAID SUBDIVISION 30 FEET; THENCE NORTH 88°32'06" WEST PARALLEL TO THE NORTH LINE OF SAID SUBDIVISION TO THE MOST EASTERLY CORNER OF THAT CERTAIN PARCEL CONVEYED TO THE CITY OF BREMERTON, IN DEED RECORDED UNDER AUDITOR'S FILE NO. 873686; THENCE CONTINUE NORTH 88°32'06" WEST 336.40 FEET TO THE EAST RIGHT OF WAY MARGIN OF 3RD STREET EXTENSION; THENCE SOUTH 11°58' 04" WEST ALONG SAID EAST MARGIN THEREOF 186.10 FEET TO THE WEST LINE OF SAID SUBDIVISION; THENCE SOUTH 0°22'56" WEST ALONG SAID WEST LINE 131.99 FEET TO THE MOST SOUTHERLY CORNER OF SAID CITY TRACT; THENCE NORTH 50°53'38" EAST 484.24 FEET TO THE TRUE POINT OF BEGINNING. PARCEL I I: THE WEST 363.05 FEET OF THE NORTH 30 FEET OF GOVERNMENT LOT 1, SECTION 28, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON. PARCEL III: AN EASEMENT FOR SLOPE PURPOSES 20 FEET IN WIDTH (BEING A PORTION OF THAT CERTAIN EASEMENT ESTABLISHED BY INSTRUMENT RECORDED UNDER AUDITOR'S FILE NO. 9303050194) BEING NORTH OF AND ADJACENT TO THE NORTH LINE OF THE WEST 363.05 FEET OF GOVERNMENT LOT 1, SECTION 28, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, SAID EASEMENT BEING BOUNDED ON THE WEST BY THE WEST LINE OF BLOCK 29, OLE HANSON'S NAVY YARD ADDITION, ACCORDING TO PLAT RECORDED IN VOLUME 4 OF PLATS, PAGE 56, RECORDS OF KITSAP COUNTY, WASHINGTON, BEING OVER PORTIONS OF LOTS 1 AND 12, BLOCK 20 AND LOT 1, BLOCK 29; EXCEPT 3RD STREET EXTENSION; ALL IN SAID PLAT OF OLE HANSON'S NAVY YARD ADDITION; TOGETHER WITH THAT PORTION OF ADJOINING STREETS VACATED UNDER VOLUME 10 OF CO~ISSIONER'S JOURNAL, PAGE 525, THAT ATTACHED BY OPERATION OF LAW. Subject to: 1. Easement affecting a portion of said premises and for the purposes hereinafter stated, as granted by instrument recorded November 13, 1940, in the office of the recording officer of Kitsap County, Washington under Auditor's File No. 322728; In favor of: PUGET SOUND POWER AND LIGHT COMPANY For: Underground and/or overhead transmission and electric lines and appurtenances thereto; Affects: portion of said premises as now located and staked 2. Easement, including its terms, covenants and provisions as disclosed by instrument; Recorded: August 6, 1928 Recording NO.: 171678 In Favor of: City of Bremerton For: pipe line Affects: The description contained therein is insufficient to determine its exact location. Page: ~ of 4 B3/84/~$ 11:358 · X~IBIT A FILE NO. E-~12919 ESCROW NO:S-9526-CA 3. Easement, including its terms, covenants and provisions as disclosed by instrument; Recorded: June 1, 1938 Recording No.: 280750 In Favor of: City of Bremerton For: roadway Affects: 40 foot portion of said premises 4. Easement, including its terms, covenants and provisions as disclosed by instrument; Recorded: December 26, 1973 Recording No: 1062366 For: ingress, egress and utilities Affects: Easterly portion of Parcel II 5. The perpetual rights, permit, license and easement to use and occupy lands for the purpose of constructing and maintaining highway slopes in excavation and/or embankment as set forth in that certain instrument granted to Kitsap County. Recorded: October 16, 1978 Recording No.: 7810160129 Records of: Kitsap County, Washington (Affects Westerly portion of said premises) 6. Existence of road, constructive notice of which is contained in Auditor's File No. 1016982, by the recital: ' EXCEPT Roads. ' (Affects Parcel II) 7. Easement affecting a portion of said premises and for the purposes hereinafter stated, as granted by instrument recorded December 30, 1991, in the office of the recording officer of Kitsap County, Washington under Auditor's File No. 9112300146; In favor of: PUGET SOUND POWER AND LIGHT COMPANY For: Underground and/or overhead transmission and electric lines and appurtenances thereto; Affects: Westerly portion of Parcel II Said instrument is was re-recorded February 5, 1992 under Auditor's File No. 9202050168. 8. Easement affecting a portion of said premises and for the purposes hereinafter stated, as granted by instrument recorded January 17, 1992, in the office of the recording officer of Kitsap County, Washington under Auditor's File No. 9201170159; In favor of: PUGET SOUND POWER AND LIGHT COMPANY For: Underground and/or overhead transmission and electric lines and appurtenances thereto; Affects: Westerly portion of Parcel II 9. Right, title and interest of City of Bremerton as to 3rd Street Extension, as disclosed by Survey recorded under Auditor's File No. 9511140078. (Affects Parcel II) I!I I!1 I II I II I IIII IIII II ~071~4 Page: 3 oi~ 4 EXHIBIT A FILE NO. E-112919 ESCROW NO:S-9526-CA 10. Easement affecting a portion of said premises and for the purposes hereinafter stated, as granted by instrument recorded September 5, 1997, in the office of the recording officer of Kitsap County, Washington under Auditor's File No. 3038865; In favor of: PUGET SOUND POWER AND LIGHT COMPANY For: Underground and/or overhead transmission and electric lines and appurtenances thereto; Affects: Parcel I (Said instrument is a re-recording of Auditor's File No. 9112110026) 11. Covenants, conditions and restrictions contained in the following instrument; Recorded: December 30, 1974 Recording No.: 1089369 (Affects Parcel II) 12. Easement, including its terms, covenants and provisions as disclosed by instrument; Recorded: November 26, 1997 Recording NO: 3054552 For: Sewer Maintenance Affects: portion of said premises Page: 4 o£ 4 lAND T~'TIr ~A nrrn Ili AA Kitsao Co, WA AMERICAN LA~D ITILE ASSOCIATION OWNER'S POLICY (10-17-92) 48 0025 106 00006382 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, bercin 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 incur~l by the insured by reason of: 1. Title to the estate or interest described in Schedule A being v~'ted other than as s~ated therein; 2. Any defect in or lien or encumbrance on the rifle; 3. Unmarketability of the rifle; 4. Lack of a right of aecess to and from tbe land. The Company will also pay the costs, attorneys' fees and expensns incurred in defense of the rifle, as insured, but only to the extent provided in the Condirions and Stipulations. In Witness Whereof, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed ns of Date of Policy shown in Schedule A, the policy to become valid when co~nte~igned by an authorized signatory. Issued by: CHICAGO TrI'LE INSURANCE COMI~NY LAND TITLE COMPANY OF KITSAP By: COUNTY, INC. 9657 LEVIN ROAD N.W. SILVERDALE, WA 98383 (360) 692-2233 Pl~sident Secretary COPY FOR H~selwood/Cit¥ o~ 8=e~e=ton P=ope~t¥ ~xohang~ THIS AGI~EEMENT is by and between CHARLES C. HASELWOOD and JOiad~NE L. HASELWOOD, husband and wife, (hereinafter referred to as "Haselwood") and the CITY OF BREMERTON, a municipal corporation of the State of Washington (hereinafter referred to as "Bremerton"). 1. DESCRIPTION OF PARCELS: Haselwood agrees to trade and Bremerton agrees to accept, upon the terms and conditions contained herein, that real property on 3rd Street, adjacent to the Reservoir 4 site, located in Kitsap County, State of Washington, legally described as: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE (Hereinafter "Haselwood Property"). Bremerton agrees to trade and Haselwood agrees to accept, upon the terms and conditions contained herein, that real property around Reservoir 4, located in Kitsap County, State of Washington, legally described as: SEE EXHIBIT "B" ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE (Hereinafter "Bremerton Property"). 2. VA~UE OF PARCELS: a. Bremerton and Haselwood agree that the fair market value of the Haselwood Property is Forty-one Thousand Eight Hundred Fifty-five and 13/100 Dollars ($41,855.13). b. Bremerton and Haselwood agree that the fair market REAL ESTATE EXCHANGE AGREEMENT value of the Bremerton Property is Eleven Thousand Four Hundred Sixty-six Dollars ($11,466.00). 3. PARCEL EXCHANGE: Bremerton and Haselwood agree that Bremerton shall convey the Bremerton Property to Haselwood in consideration for the conveyance by Haselwood of the Haselwood Property to Bremerton. Value of the Haselwood Property in excess of the Bremerton Property shall be considered a donation by Haselwood to Bremerton. Bremerton shall execute such documentation as may be necessary from time to time for Haselwood to claim said donation as a deduction for income tax purposes. 4. CONTINGENCY OF APPROVAL OF TITLE ENCUMBRANCES: a. The status of the Haselwood title will be shown in a preliminary commitment for an owner's standard coverage ALTA form title insurance policy issued by Land Title Insurance Company, which commitment will be obtained by Haselwood at Haselwood's expense, and delivered to Bremerton within fifteen (15) days of Bremerton's signature on this Real Estate Exchange Agreement. Said preliminary commitment shall have attached thereto photocopies of all documents shown as encumbrances to title. Within fifteen (15) days of delivery of said preliminary COuLmitment Bremerton shall approve in writing the title and encumbrances or defects thereto. If Bremerton does not give said written approval or if, within ten (10) days of the receipt of Bremerton's list of unacceptable encumbrances Haselwood does not agree in writing to remove those encumbrances objected to by Bremerton at or prior to closing, this REAL ESTATE EXCHANGE AGREEMENT -2- Real Estate Exchange Agreement shall, at Bremerton's option, become null and void and all rights of the parties hereunder shall terminate. b. The status of the Bremerton title will be shown in a preliminary commitment for an owner's standard coverage ALTA form title insurance policy issued by Land Title Insurance Company, which commitment will be obtained by Bremerton at it's expense, and delivered to Haselwood within fifteen (15) days of Haselwood's signature on this Real Estate Exchange Agreement. Said preliminary commitment shall have attached thereto photocopies of all documents shown as encumbrances to title. Within fifteen (15) days of delivery of said preliminary commitment Haselwood shall approve in writing the title and encumbrances or defects thereto. If Haselwood does not give said written approval or if, within ten (10) days of the receipt of Haselwood's list of unacceptable encumbrances Bremerton does not agree in writing to remove those encumbrances objected to by Haselwood at or prior to closing, this Real Estate Exchange Agreement shall, at Haselwood's option, become null and void and all rights of the parties hereunder shall terminate. 5. DISCLOSURE: Haselwood hereby discloses that, after acquiring title to the Haselwood property from the City of Bremerton on March 3, 1993, Haselwood discovered that the property contains fill material with sand, gravel, organics, rubble, debris, and other unknown items. Haselwood did not know of this material REAL ESTATE EXCHANGE AGREEMENT -3- on the Haselwood property when title was acquired on March 3, 1993. Haselwood did not place any of this material on the Haselwood property. The City is accepting the Haselwood property pursuant to this disclosure in its "as is - where is" condition, with no warranties whatsoever as to physical condition or suitability for any development or use. The City acknowledges that it has had ample opportunity and time to investigate the Haselwood property and hereby agrees to accept the property on these terms and conditions. 6. RIGHT TO ENTER PREMISES: Haselwood and Bremerton, or their authorized agent, shall have the right, at reasonable times, to enter upon the respective property they plan to purchase and make any and all inspections, tests or surveys, and to conduct and carry out said inspections, tests or surveys at their sole expense and liability. 7. CONVEYANCE BY STATUTORY WARRANTY DEED: At closing, fee title to the Haselwood Property and Bremerton Property shall be conveyed to the respective purchaser by statutory warranty deed subject only to those defects and encumbrances approved by the purchaser pursuant to Paragraph 4 above. 8. TITLE INSURANCE: a. At closing, Haselwood agrees to provide to Bremerton, at Haselwood's expense, an owner's standard ALTA form policy of title insurance issued by Land Title Insurance Company, said policy containing, in addition to the normal printed exceptions, only REAL ESTATE EXCHANGE AGREEMENT -4- those defects and encumbrances approved by the respective purchaser pursuant to Paragraph 4 above. b. At closing, Bremerton agrees to provide to Haselwood, at Bremerton's expense, an owner's standard ALTA form policy of title insurance issued by Land Title Insurance Company, said policy containing, in addition to the normal printed exceptions, only those defects and encumbrances approved by the respective purchaser pursuant to Paragraph 4 above. 9. POSSESSION: Subject to the limited right of entry pursuant to Paragraph 6 above, each purchaser shall be entitled to possession of the property it purchases upon the closing of this transaction. 10. ESCRfYW CLOSING ~ENT: This transaction shall be closed by Land Title Company, 9657 Levin Road N.W., Silverdale, Washington 98383. 11. CLOSING COSTS ~ PRORATIONS: Haselwood agrees to pay for the costs of clearing Haselwood's title to the Haselwood Property, including any delinquent property taxes, the owner's standard title insurance policy, and any real estate excise tax related to the Haselwood Property. Bremerton agrees to pay for the costs of clearing Bremerton's title to the Bremerton Property and any real estate excise tax related to the Bremerton Property. Real estate taxes for the year of closing, and utilities constituting liens against the property, shall be prorated as of closing. Any assessments shall be paid by the respective seller. The fee of REAL ESTATE EXCN~n~NGE AGREEMENT -5- Land Title Company for closing this transaction shall be divided equally between Bremerton and Haselwood. 12. CLOSING DATE TERMINATION DATE: This transaction shall be closed on or before 5:00 p.m. on the termination date o~ ~his Agreement, which date shall beA ......... 31, 1 ~ 13. ATTORNEY'S FEES: In the event that Haselwood or Bremerton shall institute a lawsuit to enforce any rights pursuant to this Agreement, the successful party shall be entitled to, in addition to those costs and disbursements provided by statute, a reasonable sum as attorney's fees and costs incurred in any appeal thereof. 14. NOTICES: Ail notices sent to Haselwood or Bremerton pursuant to this Agreement shall be sent by certified mail, return receipt requested to the following addresses unless either party notifies the other in writing of a change of address: For Haselwood: P.O. Box 4999 Bremerton, WA. 98312 Copy to: Gary T. Chrey Shiers Law Firm 600 Kitsap Street, Suite 202 Port Orchard, WA. 98366 For Bremerton: Bremerton Legal Department 239 Fourth Street Bremerton, WA. 98337 Copy to: Tim Richard Senior Engineer 239 Fourth Street Bremerton, WA. 98337 15. TIME OF ESSENCE: Time is of the essence of this Agreement. REAL ESTATE EXCHANGE AGREEMENT -6- 16. GOVERNING LAW AND VENUE: This Agreement shall be governed by and interpreted in accordance with Washington law. Any litigation arising out of or in connection with this Agreement shall be conducted in Kitsap County, Washington. 17. RISK OF LOSS: The respective seller shall deliver their respective premises and any personal property thereon to the respective purchaser at closing in the same condition existing as of the date hereof. Risk of loss or damage to the premises or the personal property shall be borne by the respective seller until the date of closing. Thereafter, the respective purchaser shall bear the risk of loss. 18. ASSIGNMENT: Neither Haselwood's or Bremerton's rights under this Agreement may be assigned without prior written consent of the other party. In the event of an assignment, this Real Estate Exchange Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns, heirs, and legal representatives. 19. HEADINGS: The headings of the paragraphs of this Agreement are inserted solely for the convenience of the parties and are not a part of nor intended to govern, limit, or aide in the construction of any term or provision hereof. 20. ENTIRE AGREEMENT: There are no verbal or other agreements which modify or affect this Agreement and Haselwood and Bremerton agree that this Agreement constitutes the full and complete understanding between the parties hereto. 21. SURVIVAL: Haselwood and Bremerton agree that all representations, warranties, and agreements made herein shall not merge in, but shall survive, the cloS~n~ of this transaction and the delivery of any deeds hereunder/ /~/, /~h ~ ~. JO~NE L. HASELWOOD // REAL ESTATE EXCHANGE AGREEMENT -7- CITY OF BREMERTON ~~ity Attorney REAL ESTATE EXCHANGE AGREEMENT -8- EXHIBIT "A" HASE LWOOD PROPERTY THAT PORTION OF GOVT. LOT 1, SECTION 28, T24N, R1E, WM, described as follows: Beginning at the Section corner common to Sections 2i, 22, 27 and 28 of said Township and Range; thence S1°40'47"W 30 ft.; thence N88°32'06"W 955.04 ft. to the TPOB; thence continuing N88°32'06"W 336.40 ft.; thence Sl1°58'04"W 186.10 ft.; Thence S00°22'56"W 131.99 ft.; thence running northeasterly 484.24 ft. to the TPOB. ALSO: The west 363.05 ft. of the north 30 ft. of Govt. Lot 1, Section 28, T24N, R1E, WM, subject to existing easements of record. Together there with, a 20' wide slope easement adjacent to the north line of the above-described property, and more particularly described as: The west 363.05 ft. of the south 20 ft. of the following described property; Blocks 19, 20 and 29 being a portion of that certain easement for constructing and maintaining a retention slope recorded under AF# 9303050194; Together with associated vacated streets as per Commissioners Journal 10-55 within the aforementioned west 363.05 ft. of the retention slope easement, all in Plat of Ole Hanson's Navy Yard Addition, as recorded in Volume 4 of Plats, Page 56, records of Kitsap County, Washington. EXHIBIT "A" EXHIBIT ~B" CITY OF BREMERTON PROPERTY That portion of Lots 19, 20, 21, and vacated Lansing Avenue and Jones Street in Block 11, of Ole Hanson's Navy Yard Addition as recorded in Vol. 4 Pg. 56 of Plats, Kitsap County, Washington, described as follows: Beginning at the SE corner of Lot 21, Block 11 of said Plat; thence west parallel to the south line of said Plat a distance of 140 ft. to the west margin of vacated Lansing Avenue; thence north along said west margin a distance of 135 ft.; thence east parallel to the south line of said Plat a distance of 40 ft.; thence north parallel to the west line of said Block 11 a distance of 20 ft.; thence east parallel to the south line of said Plat a distance of 50 ft.; thence north parallel to the west line of said Block 11, a distance of 50 ft.; thence east parallel to the south line of said Plat a distance of 50 ft.; thence south to the point of beginning. SUBJECT TO THE FOLLOWING EASEMENT: A_n Easement for Public Utilities lying 15 feet on each side of the centerline of a 24 inch water main as now exists. EXHIBIT "B" EXTENSION TO REAL ESTATE EXCHANGE AGREEMENT THIS AGREEMENT is hereby made and entered into by and between CHARLES C. HASELWOOD and JOA/TNE L. HASELWOOD, husband and wife, (hereinafter referred to as "Haselwood") and the CITY OF BREMERTON, a municipal corporation of the State of Washington (hereinafter referred to as "Bremerton"). WHEREAS, Haselwood and Bremerton entered into that certain Real Estate Exchange Agreement signed by Haselwood on December 23, 1997 and signed by Bremerton on December 29, 1997 applicable to the real property legally described on Exhibit "A" and Exhibit "B" attached hereto; and WHEREAS, the aforementioned Real Estate Exchange Agreement provides for a closing date and termination date of January 31, 1998 and the parties are desirous of extending said date; NOW, THEREFORE, for and in consideration of the mutual promises and benefits to be derived herefrom, the receipt and sufficiency of which are here acknowledged, Haselwood and Bremerton hereby agree as follows: 1. Extension of Closinq and Termination Dat~: Paragraph 12 of the Real Estate Exchange Agreement is hereby modified in its entirety to provide: 12. CLOSING DATE - TERMINATION DATE: This transaction shall be closed on or before 5: 00 p.m. on the termination date of this Agreement, which date shall be February 27, 1998. EXTEN. AGT REV. 1~29~98 2. City Reservation: Haselwood and Bremerton acknowledge that Bremerton is in the process of preparing a reservation for certain underground utility lines. Bremerton acknowledges that Haselwood shall have the right to review and approve of said reservation prior to closing. 3. Ratification of Terms: Except as specifically modified herein the terms and conditions of the Real Estate Exchange Agreement are hereby ratified and confirmed. ~ES C~[~SELWOOD ~ / J~NNE L HAgEL~OOD ? - CITY OF BREMERTON L~YNN HORTON, Mayor 20280 100,BP~AVO EXTENSION AGREEMENT PAGE 2 EXTEN.AGT REV. 1-29 98 APPROVED AS TO FORM: DEPAR/TIVIENt'F~,~ppROVAL: W. EUGENE S~irector of Public Works RECEIVED FOR FILING: Z-. Mc~ F~T~{LEEN CITY CLERK 20280 100,BRAVO EXTENSION AGREEMENT PAGE 3 EXTEN.AGT REV. 1 29-98 EXHIBIT "A" HASE LWOOD PROPERTY THAT PORTION OF GOVT. LOT 1, SECTION 28, T24N, R1E, WM, described as follows: Beginning at the Section corner common to Sections 21, 22, 27 and 28 of said Township and Range; thence S1°40'47"W 30 ft.; thence N88°32'06"W 955.04 ft. to the TPOB; thence continuing N88°32'06"W 336.40 ft.; thence Sl1°58'04"W 186.10 ft.; Thence S00°22'56"W 131.99 ft.; thence running northeasterly 484.24 ft. to the TPOB. ALSO: The west 363.05 ft. of the north 30 ft. of Govt. Lot 1, Section 28, T24N, R1E, WM, subject to existing easements of record. Together there with, a 20' wide slope easement adjacent to the north line of the above-described property, and more particularly described as: The west 363.05 ft. of the south 20 ft. of the following described property; Blocks 19, 20 and 29 being a portion of that certain easement for constructing and maintaining a retention slope recorded under AF# 9303050194; Together with associated vacated streets as per Commissioners Journal 10-55 within the aforementioned west 363.05 ft. of the retention slope easement, all in Plat of Ole Hanson's Navy Yard Addition, as recorded in Volume 4 of Plats, Page 56, records of Kitsap County, Washington. EXHIBIT "A" H-WOOD.F.~ - Real Estate - 13/24/97 EXHIBIT ~B" CITY OF BREMERTON PROPERTY That portion of Lots 19, 20, 21, and vacated Lansing Avenue and Jones Street in Block 11, of Ole Hanson's Navy Yard Addition as recorded in Vol. 4 Pg. 56 of Plats, Kitsap County, Washington, described as follows: Beginning at the SE corner of Lot 21, Block 11 of said Plat; thence west parallel to the south line of said Plat a distance of 140 ft. to the west margin of vacated Lansing Avenue; thence north along said west margin a distance of 135 ft.; thence east parallel to the south line of said Plat a distance of 40 ft.; thence north parallel to the west line of said Block 11 a distance of 20 ft.; thence east parallel to the south line of said Plat a distance of 50 ft.; thence north parallel to the west line of said Block 11, a distance of 50 ft.; thence east parallel to the south line of said Plat a distance of 50 ft.; thence south to the point of beginning. SUBJECT TO THE FOLLOWING EASEMENT: An Easement for Public Utilities lying 15 feet on each side of the centerline of a 24 inch water main as now exists. EXHIBIT "B" SECOND EXTENSION TO REAL ESTATE EXCHANGE AGREEMENT THIS AGREEMENT is hereby made and entered into by and between CHARLES C. HASELWOOD and JOANNE L. HASELWOOD, husband and wife, (hereinafter referred to as "Haselwood") and the CITY OF BREMERTON, a municipal corporation of the State of Washington (hereinafter referred to as "Bremerton") . WHEREAS, Haselwood and Bremerton entered into that certain Real Estate Exchange Agreement signed by Haselwood on December 23, 1997 and signed by Bremerton on December 29, 1997 applicable to the real property legally described on Exhibit "A" and Exhibit "B" attached hereto; and WHEREAS, Haselwood and Bremerton have extended the aforementioned Real Estate Exchange Agreement to provide for a closing date and termination date of February 27, 1998 and the parties are desirous of further extending said date; NOW, THEREFORE, for and in consideration of the mutual promises and benefits to be derived herefrom, the receipt and sufficiency of which are here acknowledged, Haselwood and Bremerton hereby agree as follows: 1. Extension of Closinq and Termination Date: Paragraph 12 of the Real Estate Exchange Agreement is hereby modified in its entirety to provide: 12. CLOSING DATE - TERMINATION DATE: , This transaction shall be closed on or before 5:00 p.m. on the termination date of this Agreement, which date shall be March 6, 1998. 2D280-100,BP~AVO SECOND EXTENSION AGREEMENT PAGE 1 EXTEN1.AGT REV. 2 27 98 2. Tax Treatment: Haselwood and Bremerton agree that this transaction shall be treated as a Section 1031 Exchange under the Internal Revenue Code. 3. Ratification of Terms: Except as specifically modified herein the terms and conditions of the Real Estate Exchange Agreement and the prior Extension thereto are hereby ratified and JO~ffE 5, HASELWO0~ ~ CITY OF BREMERTON BY: ,~7~ ~, ~ IFfNN HORTON, Mayor ~D AS TO FORM: ~i ~y- At~rney 20280 100,B~VO SECO~ EXTENSION AGREE~NT PAGE 2 EXTEN1. AGT REV. 2-27 98 RECEIVED FOR FILING: 20280 100,BRAVO SECOND EXTENSION AGREEMENT PAGE 3 EXTEN1.AOT REV. 2 27 98 EXMIBIT "'A" }~S£ LWOOD PROPERTY THAT PORTION OF GOVT. LOT 1, SECTION 28, T24N, R1E, WM, described as follows: Beginning at the Section corner common to Sections 21, 22, 27 and 28 of said Township and Range; thence S1°40'47"w 30 ft.; thence N88°32'06"W 955.04 ft. to the TPOB; thence continuing N88°32'06"W 336.40 ft.; thence Sl1°58'04"W 186.10 ft.; Thence S00°22'56"W 131.99 ft.; thence running northeasterly 484.24 ft. to the TPOB. A/~SO: The west 363.05 ft. of the north 30 ft. of Govt. Lot 1, Section 28, T24N, R1E, WM, subject to existing easements of record. Together there with, a 20' wide slope easement adjacent to the north line of the above-described property, and more particularly described as: The west 363.05 ft. of the south 20 ft. of the following described property; Blocks 19, 20 and 29 being a portion of that certain easement for constructing and maintaining a retention slope recorded under AF~ 9303050194; Together with associated vacated streets as per Commissioners Journal 10-55 within the aforementioned west 363.05 ft. of the retention slope easement, all in Plat of Ole Hanson's Navy Yard Addition, as recorded in Volume 4 of Plats, Page 56, records of Kitsap County, Washington. E×H~BIT "A" EXHIBIT CITY OF BP. EMERTON PROPERTY That portion of Lots 19, 20, 21, and vacated Lansing Avenue and Jones Street in Block 11, of Ole Manson's Navy Yard Addition as recorded in Vol. 4 Pg. 56 of Plats, K~tsap County, Washington, described as follows: Beginning at the SE corner of Lot 21, Block 11 of said Plat; thence west parallel to the south line of said Plat a distance of 140 ft. to the west margin of vacated Lansing Avenue; thence north along said west margin a distance of 135 ft.; thence east parallel to the south line of said Plat a distance of 40 ft.; thence north parallel to the west line of said Block ll a distance of 20 ft.; thence east parallel to the south line of said Plat a distance of 50 ft.; thence north parallel to the west line of said Block 11, a distance of 50 ft.; thence east parallel to the south line of said Plat a distance of 50 ft.; thence south to the point of beginning. SUBJECT TO THE FOLLOWING EASEMENT: An Easement for Public Utilities lying 15 feet on each side of the centerline of a 24 inch water main as now exists. EXHIBIT "B" H-~qOOD.K-,A - I~®&] Zl~t, it.e - 221Z4197 REAL ESTATE EXCHANGE ;~REEMENT Haselwood/Cit¥ of Bremerton Property Exchange THIS AGREEMENT is by and between Ci.g3~RLES C. HASELWOOD and JO~/TNE L. HASELWOOD, husband and wife, (hereinafter referred to as "Haselwood") and the CITY OF BREMERTON, a municipal corporation of the State of Washington (hereinafter referred to as "Bremerton"). 1. DESCRIPTION OF PA~{CELS: Haselwood agrees to trade and Bremerton agrees to accept, upon the terms and conditions contained herein, that real property on 3rd Street, adjacent to the Reservoir 4 site, located in Kitsap County, State of Washington, legally described as: SEE EXHIBIT ~'A" ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE (Hereinafter "Haselwood Property"). Bremerton agrees to trade and Haselwood agrees to accept, upon the terms and conditions contained herein, that real property around Reservoir 4, located in Kitsap County, State of Washington, legally described as: SEE EXHIBIT "B" ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE (Hereinafter "Bremerton Property"). 2. VALUE OF PARCELS: a. Bremerton and Haselwood agree that the fair market value of the Haselwood Property is Forty-one Thousand Eight Hundred Fifty-five and 13/100 Dollars ($41,855.13). b. Bremerton and Haselwood agree that the fair market RE/LL ESTATE EXCHANGE AGREEMENT --1-- H-~OD.~ - Real Estate - 11/24/97 value of the Bremerton Property is Eleven Thousand Four Hundred Sixty-six Dollars ($11,466.00). 3. PARCEL EXCHANGE: Bremerton and Haselwood agree that Bremerton shall convey the Bremerton Property to Haselwood in consideration for the conveyance by Haselwood of the Haselwood Property to Bremerton. Value of the Haselwood Property in excess of the Bremerton Property shall be considered a donation by Haselwood to Bremerton. Bremerton shall execute such documentation as may be necessary from time to time for Haselwood to claim said donation as a deduction for income tax purposes. 4. CONTINGENCY OF/%PPROVAL OF TITLE ENCUMBRANCES: a. The status of the Haselwood title will be shown in a preliminary commitment for an owner's standard coverage A~LTA form title insurance policy issued by Land Title Insurance Company, which commitment will be obtained by Haselwood at Haselwood's expense, and delivered to Bremerton within fifteen (15) days of Bremerton's signature on this Real Estate Exchange Agreement. Said preliminary commitment shall have attached thereto photocopies of all documents shown as encumbrances to title. Within fifteen (15) days of delivery of said preliminary commitment Bremerton shall approve in writing the title and encumbrances or defects thereto. If Bremerton does not give said written approval or if, within ten (10) days of the receipt of Bremerton's list of unacceptable encumbrances Haselwood does not agree in writing to remove those encumbrances objected to by Bremerton at or prior to closing, this REAL ESTATE EXCHANGE AGREEMENT -2- H-WOOD.E~% - Real Estate - 11/24/97 Real Estate Exchange Agreement shall, at Bremerton's option, become null and void and all rights of the parties hereunder shall terminate. b. The status of the Bremerton title will be shown in a preliminary commitment for an owner's standard coverage ALTA form title insurance policy issued by Land Title Insurance Company, which commitment will be obtained by Bremerton at it's expense, and delivered to Haselwood within fifteen (15) days of Haselwood's signature on thi~ Real Estate Exchange Agreement. Said preliminary commitment shall have attached thereto photocopies of all documents shown as encumbrances to title. Within fifteen (15) days of delivery of said preliminary commitment Haselwood shall approve in writing the title and encumbrances or defects thereto. If Haselwood does not give said written approval or if, within ten (10) days of the receipt of Haselwood's list of unacceptable encumbrances Bremerton does not agree in writing to remove those encumbrances objected to by Haselwood at or prior to closing, this Real Estate Exchange Agreement shall, at Haselwood's option, become null and void and all rights of the parties hereunder shall terminate. 5. DISCLOSURE: Haselwood hereby discloses that, after acquiring title to the Haselwood property from the City of Bremerton on March 3, 1993, Haselwood discovered that the property contains fill material with sand, gravel, organics, rubble, debris, and other unknown items. Haselwood did not know of this material REAL ESTATE EXCHANGE AGREEMENT -3- H-~OOD.EA - Real Estate - 11/24/97 on the Haselwood property when title was acquired on March 3, 1993. Haselwood did not place any of this material on the Haselwood property. The City is accepting the Haselwood property pursuant to this disclosure in its "as is - where is" condition, with no warranties whatsoever as to physical condition or suitability for any development or use. The City acknowledges that it has had ample opportunity and time to investigate the Haselwood property and hereby agrees to accept the property on these terms and conditions. 6. RIGHT TO ENTER PREMISES: Haselwood and Bremerton, or their authorized agent, shall have the right, at reasonable times, to enter upon the respective property they plan to purchase and make any and all inspections, tests or surveys, and to conduct and carry out said inspections, tests or surveys at their sole expense and liability. 7. CONVEYANCE BY STATUTORY WARRANTY DEED: At closing, fee title to the Haselwood Property and Bremerton Property shall be conveyed to the respective purchaser by statutory warranty deed subject only to those defects and encumbrances approved by the purchaser pursuant to Paragraph 4 above. 8. TITLE INSURANCE: a. At closing, Haselwood agrees to provide to Bremerton, at Haselwood's expense, an owner's standard ALTA form policy of title insurance issued by Land Title Insurance Company, said policy containing, in addition to the normal printed exceptions, only REAL ESTATE EXCHANGE AGREEMENT -4- H-~OD.~ - Real Estate - 11/24/97 those defects and encumbrances approved by the respective purchaser pursuant to Paragraph 4 above. b. At closing, Bremerton agrees to provide to Haselwood, at Bremerton's expense, an owner's standard ALTA form policy of title insurance issued by Land Title Insurance Company, said policy containing, in addition to the normal printed exceptions, only those defects and encumbrances approved by the respective purchaser pursuant to Paragraph 4 above. 9. POSSESSION: Subject to the limited right of entry pursuant to Paragraph 6 above, each purchaser shall be entitled to possession of the property it purchases upon the closing of this transaction. 10. ESCROW CLOSING AGENT: This transaction shall be closed by Land Title Company, 9657 Levin Road N.W., Silverdale, Washington 98383. 11. CLOSING COSTS AND PRORATIONS: Haselwood agrees to pay for the costs of clearing Haselwood's title to the Haselwood Property, including any delinquent property taxes, the owner's standard title insurance policy, and any real estate excise tax related to the Haselwood Property. Bremerton agrees to pay for the costs of clearing Bremerton's title to the Bremerton Property and any real estate excise tax related to the Bremerton Property. Real estate taxes for the year of closing, and utilities constituting liens against the property, shall be prorated as of closing. Any assessments shall be paid by the respective seller. The fee of REAL ESTATE EXCHANGE AGREEMENT -5- H-~OD.~ - Real Estate - 11/24/97 Land Title Company for closing this transaction shall be divided equally between Bremerton and Haselwood. 12. CLOSING DATE - TERMINATION DATE: This transaction shall be closed on or before 5:00 p.m. on the termination date of ~his Agreement, which date shall beA 13. ATTORNEY'S FEES: In the event that Haselwood or Bremerton shall institute a lawsuit to enforce any rights pursuant to this Agreement, the successful party shall be entitled to, in addition to those costs and disbursements provided by statute, a reasonable sum as attorney's fees and costs incurred in any appeal thereof. 14. NOTICES: Ail notices sent to Haselwood or Bremerton pursuant to this Agreement shall be sent by certified mail, return receipt requested to the following addresses unless either party notifies the other in writing of a change of address: For Haselwood: P.O. Box 4999 Bremerton, WA. 98312 Copy to: Gary T. Chrey Shiers Law Firm 600 Kitsap Street, Suite 202 Port Orchard, WA. 98366 For Bremerton: Bremerton Legal Department 239 Fourth Street Bremerton, WA. 98337 Copy to: Tim Richard Senior Engineer 239 Fourth Street Bremerton, WA. 98337 15. TIME OF ESSENCE: Time is of the essence of this Agreement. RE/LL ESTATE EXCHANGE AGREEMENT -6- H-WOOD.EA - Real Estate - 11/24/97 16. GOVERNING LAW AND VENUE: This Agreement shall be governed by and interpreted in accordance with Washington law. Any litigation arising out of or in connection with this Agreement shall be conducted in Kitsap County, Washington. 17. RISK OF LOSS: The respective seller shall deliver their respective premises and any personal property thereon to the respective purchaser at closing in the same condition existing as of the date hereof. Risk of loss or damage to the premises or the personal property shall be borne by the respective seller until the date of closing. Thereafter, the respective purchaser shall bear the risk of loss. 18. ASSIGNMENT: Neither Haselwood's or Bremerton's rights under this Agreement may be assigned without prior written consent of the other party. In the event of an assignment, this Real Estate Exchange Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns, heirs, and legal representatives. 19. HEADINGS: The headings of the paragraphs of this Agreement are inserted solely for the convenience of the parties and are not a part of nor intended to govern, limit, or aide in the construction of any term or provision hereof. 20. ENTIRE AGREEMENT: There are no verbal or other agreements which modify or affect this Agreement and Haselwood and Bremerton agree that this Agreement constitutes the full and complete understanding between the parties hereto. 21. SURVIVAL: Haselwood and Bremerton agree that all representations, warranties, and agreements made herein shall not merge in, but shall survive, the closin~of this transaction and the delivery of any deeds hereunder/" JJ~/ ~ ,~ DATE D: J( ~NE L. HASELWOOD // REAL ESTATE EXCHANGE AGREEMENT -7- H-WOOD.EA - Real Estate - 11/24/97 CITY OF BREMERTON DATED: BY:~ ~. ~ LY/~N HORTON, Mayor A~RM: IAN R. STEVERS, City Attorney WATHLEE~ L. McCLU~K REAL ESTATE EXCHANGE AGREEMENT -8- H-~OOD.EA - Real Estate - 11/24/97 EXHIBIT "A" HASE LWOOD PROPERTY THAT PORTION OF GOVT. LOT 1, SECTION 28, T24N, R1E, WM, described as follows: Beginning at the Section corner common to Sections 21, 22, 27 and 28 of said Township and Range; thence S1°40'47"W 30 ft.; thence N88°32'06"W 955.04 ft. to the TPOB; thence continuing N88°32'06"W 336.40 ft.; thence Sl1°58'04"w 186.10 ft.; Thence S00°22'56"W 131.99 ft.; thence running northeasterly 484.24 ft. to the TPOB. ALSO: The west 363.05 ft. of the north 30 ft. of Govt. Lot 1, Section 28,. T24N, R1E, WM, subject to existing easements of record. Together there with, a 20' wide slope easement adjacent to the north line of the above-described property, and more particularly described as: The west 363.05 ft. of the south 20 ft. of the following described property; Blocks 19, 20 and 29 being a portion of that certain easement for constructing and maintaining a retention slope recorded under AF# 9303050194; Together with associated vacated streets as per Commissioners Journal 10-55 within the aforementioned west 363.05 ft. of the retention slope easement, all in Plat of Ole Hanson's Navy Yard Addition, as recorded in Volume 4 of Plats, Page 56, records of Kitsap County, Washington. EXHIBIT '~A" H-~{OOD. EA - Real Estate - 11/24/97 E~/~IBIT CITY OF BREMERTON PROPERTY That portion of Lots 19, 20, 21, and vacated Lansing Avenue and Jones Street in Block 11, of Ole Hanson's Navy Yard Addition as recorded in Vol. 4 Pg. 56 of Plats, Kitsap County, Washington, described as follows: Beginning at the SE corner of Lot 21, Block 11 of said Plat; thence west parallel to the south line of said Plat a distance of 140 ft. to the west margin of vacated Lansing Avenue; thence north along said west margin a distance of 135 ft.; thence east parallel to the south line of said Plat a distance of 40 ft.; thence north parallel to the west line of said Block 11 a distance of 20 ft.; thence east parallel to the south line of said Plat a distance of 50 ft.; thence north parallel to the west line of said Block 11, a distance of 50 ft.; thence east parallel to the south line of said Plat a distance of 50 ft.; thence south to the point of beginning. SUBJECT TO THE FOLLOWING EASEMENT: An Easement for Public Utilities lying 15 feet on each side of the centerline of a 24 inch water main as now exists. EXHIBIT ~B" H-~K3OD.EA - Real Estate - 11/24/97 SHIERS CHREY COX CAULKINS & A'r~'ORNEYS AT LAW DIGIOVANNI, 600 KITSAP STREET, SUIT~ 202, PORT ORCHARD, WA ~ (360) 876-445~ FAX (360) 876-0169 December 26, 1997 Mr. Ian R. Sievers, City Attorney City of Bremerton 239 4th Street Bremerton, WA 98337 Re: Haselwood - City of Bremerton Exchange Our File No. 20280-100 Dear Ian: Please find enclosed the original "Real Estate Exchange Agreement" between the Haselwoods and the City of Bremerton. I would appreciate a call from you at your earliest convenience so that we can make the necessary arrangements to conclude this matter. I look forward to hearing from you. Very tr y yours, ~ ~IIIKI(~ Ji~'Y COX TRACY E. DIGIOVANNI TIM~I']UY J. WILSON GARY T. ~ligEY SUSAN L. CAI~.g~IS KlM D. ZAK LAND TITLE ESCROW 9657 LEVIN ROAD N.W., SUITE 110 SILVERDALE, WA 98383 FINAL SELLERS SETTLEMENT STATEMENT Seller: CITY OF BREMERTON Buyer: CHARLES C. HASELWOOD JOANNE L. HASELWOOD Property Vacant Land Address: Order Number: 112917 Escrow Number: S-9527-CA Settlement Date: 03/04/98 Settlement Agent: Cathie Ames LPO Number: 1031 Expenses Credits Sales Price ..................................... 11,466.00 Title Insurance to Land Title Company ........... 250.00 Escrow/Closing Fee to Land Title Company ........ 200.00 Sales Tax Escrow Fee to Land Title Company 16.20 Sales Tax Owners Policy Fee to Land Title Company 20.25 Transfer to S-9526-CA LAND TITLE COMPANY .......................... 10,976.90 Sub-totals 11,463.35 11,466.00 Balance due to Seller 2.65 Totals 11,466.00 11,466.00 Cathie Ames LPO # 1031 Date Settlement Agent LAND TITLE ESCROW 9657 LEVIN ROAD N.W., SUITE 110 SILVERDALE, WA 98383 FINAL BUYERS SETTLEMENT STATEMENT Buyer: CITY OF BREMERTON Seller: CHARLES C HASELWOOD(EXCHANGOR) JOANNE L HASELWOOD(EXCHANGOR) Property Vacant Land Address: Order Number: 112919 Escrow Number: S-9526-CA Settlement Date: 03/04/98 Settlement Agent: Cathie Ames LPO Number: 1031 Expenses Credits Purchase Price .................................. 41,855.13 County taxes from 01/01/98 to 03/04/98 .......... 110.83 Escrow Fee to Land Title Company ................ 200.00 Sales Tax Escrow Fee to Land Title Company 16.20 Recording of Deed ............................... 11.00 Transfer from S-9257-CA ................................................ 10,976.90 Deposit to Escrow ................................................ 605.47 Donation to City of Bremerton ................... 30,389.13 Sub-totals 42,082.33 42,082.33 Balance due from Buyer 0.00 Totals 42,082.33 42,082.33 C~hie Ames LPO # 1031 Date Settlement Agent OFFICE OF CITY ATTORNEY 239 4th Street · Bremerton, Washington 98337 · (360) 478-5345 · FAX (360) 478-5161 · E-mail: legal@ci.bremerton.wa.us MEMORANDUM DATE: May 19, 1998 TO: v//Kathleen McCluskey, Director of Administrative Services Gene Sampley, Director of Public Works & Utilities FROM: Nina Neimoyer, Legal Department RE: Haselwood - Final Title Report ~ Please find attached the final title report in regards to the Haselwood property exchange. Should you have any questions, please feel free to contact me. Equal Opportunity Employer LAND TITLE COMPANY May 14, 1998 CITY OF BREMERTON 5 14 239 FOURTH STREET BR~RTON WA. 98337 TITLE OFFICE [] Silverdale 9657 Levln Road N.W. Suits 100 Enclosed please find your final policy of title insurance in P.O. Box 2737 regards to the following transaction: Silverdale, Wa 98383 (360) 692-2233 FAX: (360) 692-2244- Seller Name: HAZELWOOD Buyer Name: CITY OF BREMERTON Our File No.: E-112919 5SCRO~V Property Address: Vacant Land OFRCSS [] Port Orchard Please call us if you have any questions regarding this policy. 2501S.E. MileHi~lD~ve For your convenience please use our "800" number. (800) 950-4321. Suits 101 P.O. Box 1489 Po~ Orchard, WA 93366 (360) 876*0450 Thank you for allowing Land Title Company to serve you. FAX: (360) 876-0574 We appreciate your business! [] Silverdal6 9657 Levin Road N.W. Sincerely, Suite 110 P.O. Box 2737 Silverdale, WA 98383 (3601 692-4.033 FAX: (360)692-8669 Land Title Co~any of Kitsap County Silverdale Title Office [] Poulsbo 1040 NE Hostmark St. Suits 100 Poulsbo, WA 96370 (360) 779-7172 FAX {3601 779-1004 ~ ¥01JR hiF~,:,,~,,;J'0N 1AN R. SIEVERS, City Attorney January 13, 1998 239 4th SIreet · Bremerton, WA 98337 · (360) 478-5345 · FAX (360) 478 5161 Mr. Gary T. Chrey Shiers, Chrey, Cox, Caulkins & DiGiovanni Attorneys at Law , ~r.~ 600 Kitsap Street, Suite 202 __~ Port Orchard, Washington 98366 Re: Haselwood - City of Bremerton Property Exchange ~ Your File No. 20280-100 Dear Mr. Chrey: Please find enclosed with this letter the Real Estate Exchange Agreement between the City of Bremerton and your clients, Charles and Joanne Haselwood, which has been executed by the necessary City officials. As you are aware, lan Sievers has left his position as City Attorney to enter into private practice with a law firm in Bellevue. Before Ian left, I was advised that your clients executed the Exchange Agreement and you forwarded it to the City for signatures. It is my understanding that your clients are "out of the country" until the end of the month and a closing date will not be set until the Haselwoods return. I thought it would be more advantageous to have your office contact Land Title to set up closing since you will be able to give them a more precise date that you expect your clients to return on. Therefore, I am forwarding the original Real Estate Exchange Agreement to you to give to Land Title Escrow so that they can begin working on the closing. Should you have any questions or concerns in this regard, please do not hesitate to contact me. My direct line at the City is 478-7955. Sincerely, J~.K~E R. CRONK Legal Assistant cc/w/enc: Kathleen L. McCluskey, Administrative Services Director Tim Richard, Senior Engineer Tom Knuckey, Civil Engineer II Equal Opportunity Employer CITY OF BREMERTON · 239 4th Street · Bremerton, WA ~1~ February 23, 1998 Cathie Ames Land Title Escrow 9657 Levin Road N.W., Suite 110 Silverdale, WA 98383 RE: Issue of Boundary-line adjustment for Charles and Jeanne Haselwood Dear Ms. Ames: It is not necessary to record a boundary-line adjustment for a simple deed of land between two parties when you are not creating a buildable parcel. A boundary-line adjustment is used to adjust the line between two (or more) already existing parcels. What is happening here is a carving off of a single parcel. If I can answer any additional questions, please feel free to call me at (360) 478- 5275. Sincerely, ud~y John~~-''''~ .0. Acting Director of Community Development JJ£Jj · Celebrating 50 Years of Freedom AUG-16-19g9 17:81 P.02 Char~es ~¢t.,,~,, B---~pprlisa! Sui~F.a~--y--Li~t in ~is ~l~ only ~ms (ar g~ou~ of ~milar i~ms) for ~i~ ~u ~a~me0 a d~uc~ion ~ mom than ~5,000 ~r item Or group. E~.p~on. Repo~ cgntnbutia~s of ~in ~ubticly tmd~ ~cunti. only in S~o~ A. If you ~a~ a~. you may have ~ a~ ;he complete app~l. S~ the Note in P;~ 1 ~1~ ~ ~" ~COn~O~ of $20.000 Or ~e} ~ R~I E~ ~ G~J~ ~ ~mp Col~ ;6 6.0u I appmi~l as having a v~ue or ~0 0¢ less. ~ in~ru~ons. Sign ~l~ ~dr~s (m~l~m ~ s~ ~ -- ' ~ ~ll~ng ~mhe~ LPa~ IV ~ Pon~ ~owl~gme~--To be ~mpl~ hy ~e thimble o~aniZation. ~, P~ I (o~ any p~n ~oh w~in 2 ~m ~r ~e d~ M ~t, ~ wiU ~ an Fa~ ~) Don~ ~n~a~n R~um, w~ ~e i, , ql- oolz31 TOTAL P.02 COPY FOR YOUR I NFO2;', ,ATION March 3, 1998 SENT VIA FACSIMILE AND FIRST CLASS MAIL Mr. Gary T. Chrey Shiers, Chrey, Cox, Caulkins & DiGiovanni Attorneys at Law 600 Kitsap Street, Suite 202 Port Orchard, Washington 98383 Re: City ofBremerton - Haselwood Transaction Your File No. 20280-100 Dear Gary: Please find enclosed a signed duplicate original of the Second Extension to Real Estate Exchange Agreement between the City of Bremerton and your clients Charles and Joanne Haselwood, for your information and file. I spoke with Cathie Ames today and she informed me that she is planning to close the transaction tomorrow. I have enjoyed working with you on this transaction. Please feel free to call our office if you have any questions in this regard. Sincerely, ~KIE R. CRONK Legal Assistant to Glenna Malanca Enclosure: as cited cc\w\duplicate original Extension: Kathleen L. McCluskey, Administrative Services Director cc: Ned Lever Memorandum To: Kathleen L. McCluskey, Administrative Services Director ~ t~C;: Ned Lever, Public Works & Utilities File From: Jackie R. Cronk, Legal Assistant..~)--( ~_c Re: City of Bremerton - Haselwood Property Exchange Transaction The above-referenced transaction is now completed. You have already received some of the final closing documents in this transaction, but there were a few additional documents in the file that I wanted to be sum you have for your files. The documents are as follows: li Original recorded Reservation of Easement regarding Easement reserved by the City on the pr petty that d; o was exchanged to Charles and Jeanne Haselwoo ~ ~0pies of Buyers and Sellers Estimated Closing Statements regarding the property the i~gelwoods received from the City; ~ :.~ies of Buyem and Sellers Estimated Closing Statement regarding the property the City from the Hasalwoods of letter to Cathie Ames, of Land Title, regarding boundary line adjustment issue on p~Openy Haselwoods received from the City; Co[i f Closing Agreement and Escrow Instructions. eso '~Final Closing Statements" for the transaction were previously forwarded to your office for your file, however I thought that you might want copies of the Estimated Statements as well. Please call our office if you have any questions. Attachments: as cited DESCRIPTION OF HASELWOOD'S TRIANGULAR PARCEL aND SLOPE EASEMENT TO BE TRakDED TO T.~ CITY Re,,. February. 25, 1997 That portion of Govt. Lot 1. Section 28 T24N, R1E, WM described as follows: Beginning at the Section corner common to Sections 21, 22, 27 and 28 of said Township and Range: thence SI°40'4T'W 30 fi; thence NBg°32'06"W 955.04 fl: to the TPOB; thence continuing NBg°32'06"W 336.0,0 ti; thence Sl1°58'04,'W 186.10 fl:; Thence S00"22'56"W 131.99 It: thence running northeasterly ~18424 ff to the TPOB. ALSO: The west 363.05 ff of the north 30 tt of Govc Lot I. Section 28, T24N, R1E, WM, subject to existing easements of record. Together there with, a 20' wide slope easement adjacent to the north line of`the above described property, and more particularly described as: The west .~63 0. fl of'the south 20 ti. of`the following described property; Blocks [9, 20, and 29 being a portion of' that certain eascment for constructing and maintaining a retention slope recorded under ..\F/~;9303050194; Together with associated vacated streets as per Commissioners $ournal 10-55 within the atbrcmemioned west 303 05 ti. or'the retention slope easement, all in Plat of Ole Hanson's Navv Yard .\ddition. as recorded in Volume 4 of` Plats, Page 56, records of' Kitsap County, Washington Tills AGP. EEMENT, made and catered into this day o {(---~ , 1993, by and between the CITY OF BR~MERTON, a first class municipal corporation, (hercinafter ~'cferred to as "City'); and CHARLES C. IIASELWOOD and JOANNE L. IlASELWOOD, husbaod and wife, (hereinafter referred to as 'Grantee'). FOR AND IN CONSIDERATION of thc mutual promises and benefits comained herein and for other valuable consideration, thc rcccipt of ~vhich is hcreby acknowlcdgcd, thc City, Gmnior, and G~antce be[cby agree and covcuaut as follows: City docs hereDy convey and quit ¢laiut to Orautee an easement for purposes of eorrsti'ucting and maintaining a reteotion slope upon the south 20 feet of tire following SS,.ijoKITSAP COL]IITY CtICl: describcd property: FILEO-BY: BRE;IERT0J4 CITY OF · IlAR 5, ~,q93, 1:5l] PH Lots 13 tlrrough 21, inclusive, l~lock 11; I~AREJ4 FL';HJ,I~ AUDITOR CLER;: LOGAlt EXCEPT that portion deeded for RooseveB llvd. ail of 1~ oc~.s 19,20 and 29 and that portion of Blocks 12, 18, 21 and 28. lying Southerly of Roosevelt Blvd.; ALSO 'rOGL-'THEB. WITII all vacated streets as per Commissioner's Journal lO-55,nil iii Plat of O1c l lansou's Navy Yard Addition, as rccordcd in Volume 4 of Pats, Page 56, records of Kitsap County, Wasidngton. 2. ~,S~IEI'4T TO RUN WiTII TIlE LAND: Thc Cily and Grantee intend that tllis Agreement shall be a covenant running witl~ tlrc land described above nod shall be binding upon Grantee's and City's successors in interest. A.F. ~Jl-: 3. ~j~-..~BJ~.-Y.: REEL gTg'q- FR This A§rccmcnt constltutcs thc cntirc a§rccmcnt and uudm'standhlg bc[wccn tire parties Irm'cto. There ~rc ~o oilier ~rccmcms o[ understandings, either written or or,J, - which modify or have any effect upon this Agreement. IN WITNESS WHEREOF, thls Agrcemcnt has been duly executed by the parties - herelo, to be effective on Ihe day ,',.nd year first abovc wrilten. LOUIS MEN'rOR, Mayor GRAb,ri'OR REEL 0704 FF~ 0~00 ~E~'FO FORM: ~~ Attorney AMOUN~ ~ ~E L. IIASELWO~D BY ~ /~ GRA~EE STATE OF WAStIINGTON COU~FY OF KITSAP On this day ~tsonally appe~ed before me Louis Mentor. Bremerton C~ty Mayor, and Kathleen L. MeCluskey, Bremerton City Clerk, of Ihe City of Bremerton, the municipal cowor~tion described in and that executed tl~e within ~d foregoing instrument, and acknowledged ~id instrument to be the fr~ ~d volunt~y act and deed of said co~oration, for the uses and pu~oses therein mentioned, and on oath stated that they xvere authorized EASEMENT -2- . ~', to execute said instrument on behalf of said corporation. GIVEN under my hand and official seal tiffs ._~ff day of .~/~.~/~&-, , 1993. / ..~ ~:~ . : ~ NTT~nY ~ Notary Public in a~d for the State of Wasbington ...... ~. o, ".' ;7( '-~J~.~}"" ~.'" My appointment expires STATE OF WASIIINGTON REEL O7~ FR COUNTY OF KITSAP On thin day i~rnonally apl~a~ed before me CIIARLU~ C. IIASELWOOI) and JOANNE L. I{ASELWOOD, boaband and wife, [o me known to be the individuala described in and who executed the within foregoing inslrument, ~d acknowledged that Ihey signed the same as their free and voluntary act m~d deed, for rite uses and purposes therein mentioned. GIVEN under my baud and official s~al this ~/day of 1993. ~" ~ .~/"c~ ~- "X 'u~,, M~ appo~mmen~ exp~es: .//~/~ -q? . "...~ ..:~ ?....-' EAS EIvlENT -3- f'~i TiCOR TIT~E '''/'~ -' ~ INSURANCIE FILEO ,F'/O,~, R.,~ C 0 n D P. EQ. 0 F./7//'?.~.. , l~{]¢d for Reco~d at Requ~sJ DJ' L.u 90JUL-3 PH 1:59 ,I AFTER RECORDING MAIL TO: ,~:;.F,[:I [~ 1 NN .' Kl[,q!.? C01IN[T ;,U[III,R (ho , (~ FORM L-58 (3-84) 0', S[atutory Wazranty Deed THE GRAI~rTOR GEORGE ~AHAHOTO for and in considcration or Three Thousand and 00/100 Dollars ($3,000.00) .'{ ~ cOUNt ~ COUN~ cou~Y o~ ...KXT.~.~ ........ u cou~v o~ .................................. " 9007030185 ................................................. Filed for Record at Request of: ~,,S.O~Ii.'[TSA? COVtlT',' ~ ,-- .'~"~ L. ht.! ,,.! When Recorded Return to: F]LE~ B, c,E~ ERTu~ CJT',' C,F Name Bremerton city Cler~ ~A~[~ FLYI';[h AUD/TOR :LEKK: t06Af4 Address ~9 Fourth Street Bremerton. WA. 90310 QUIT C~IM DEED (For Use in the State of Washington Only) TIlE G~NTOR, the CITY OF BREMERTON, a m~,licipal corporation, for and in consideration of transfer of property and other valuable consideration, conveys and quit claims to CHARLES C. HASELWOOD and JOAN}]E L. IIASELWOOD, husband and wife, the following described real estate, situated in the County of Kitsap, State of Washington, including any interest therein which the G~NTOR may hereafter acquire: That portion of the Northeast quarter of the Southeast quar%er of Section 21, Town~hip 24 North, Range 1 East, W.14., in Kitsap County, Washington described as follows: That portion of the following described I:rnct lvlng West of Union Avenue: Beginning 1328.83 feet East of the Northwest corner of said Southeast quarter; thence South 146.65 feet; thence East 330 feet; thence North 146.65 feet; thence West 330 feet to the Point of Beginning; EXCEPT that portion thereof condemned by USA in USDC No. 711. ALSO: That portion of the Northeast quarter of the Southeast quarter of Section 21, Township 24 ~lortb, Range 1 East, W.M. , in Kitsap Count}., Washington, described as follows: Beginning 146.65 feet South and 1328.83 £e~:t Eact nf the Northwest corner of said southeast quurter; thence South 132 feet; thence East 330 feet; thence North 132 feet; thence West 330 feet to the Point of Beginning; EXCEPT that portion lying East of Union Avenue; EXCEPT Union Avenue; AND EXCEPT that portion condemned by USA in USDC No. 711. ALSO: That portion of the Northeast quarter of the Southeast quarter of Section 21, Township 24 North, Range i East, W.M.. in Kitsap County, Washington, described as follows: Beginning 278.65 feet South and 1328.83 feet East of the Northwest corner of said Southeast quarter; thence South 132 feet; thence East 330 feet; thence North 132 feet; thence West 330 feet to the Point of Beginning; EXCEPT that portion lying East of Union Avenue. AND ALSO: That portion of Government Lot 1, Section 28, Townsh ~p 24 North, Range 1 East, W.M., in Kitsap County, Washington, described as follows: Beginning at the Section corner common to Sections 21, 22, 27 and 28 of said Township and Range; thence South 15"51'34" West 30 feet; thence North 88-15'53" West 957.38 feet to the True Point of Beginning; thence continuing Borth 88.15'53" West 373.78 feet; thence South 1"05'03" West 315 feet; thence running Northeasterly 485.90 feet to the True Point of Beginning; EXCEPT those portions of right of way deed to Kitsap County for 3rd Street under Auditor's File NO. 7810160129. DATED this ~ day of ~1~ , 1993. NO /~-~ ~ ' ' '~ CITY OF BREMERTON h I r$^P r=Ot ;N F~ ~,uD U~R 5 ]99] LOUIS MENTOR, Mayor ATTEST: KATHLEEN L. McCLUSKEY, Clerk APPROV T . ~i~y Attorney STATE OF WASIIINGTON ) ~qEEL 07'04 FI~ 05~DA COUNTY OF KITSAP ) On this day personally appeared before me Louis Mentor, Bremerton city Mayor, and Kathleen L. McCluskey, Bremerton City Clerk, of the city of Bremer ton, the municipal corporation described in and that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument On behalf of said corporation. GIVEN under my hand and official seal this ~ day of -'.,gWLTo~'?,~ Not~ry~ublic~n-and for the State of : , -ny ~: ¥, ~ly appointment expires: · FAX TRANSMITTAL MEMO PHONE: '~ O~-~ PHONE: Date