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HomeMy WebLinkAbout8811290018  PlONE(ER NA'F1ONAL TITLE INSURANCE % IH,s s,*c~ .~o ,o, .¢o,o. ~ ~s~ FILED FOR RECORD A~CO. COM~NY "uEP FO!~ RECg)[U REQ. OF ~ND TITLE C~FANY Filed for R~ord at ~u~t ct ~D NOV Ting fi~ g-63786/~068 A~ER RECORDING ~IL TO) . ~.~w ~, ~.~ KITSAP C~UNTY AUDITOR . ' , OEPUiY City Clerk ~ 239 FourCh Stree~ ~_. S~emerton, WA 98310 M~C~¢'e.~X~T~ 'a~, NOV ~ 1988 ~ BE~ ~-~ ~ ~ ~ D~I~I~. to,, use ". -- St~tuto~ W~ty Dee~ P~ I: . . ~e ~u~st ~a~r of ~e ~u~e~t ~arter of ~tion 2, ~sh%p 23 ~r~, ~ge I ~st, W.M., in Ki~p ~ty, ~shing~n. / ~ ~e~f~ U. S. ~val ~il~d right of way: ....... ~ .'. ~ ~asur~ ~rallel ~ ~e ~st line of ~ar~r of S~tion 2. ~e ~ ~lf of ~e ~st ~a~r of ~e ~r~t ~ar~r of Section 11, ~ship 23 ~, ~e 1 ~st, W.M., [n Ki~ap ~ty, ~s~n~n. 881~Z900~8 p~ ~: %2~at ~rtion of ~e ~r~ ~lf of ~e ~r~st ~ar~r of ~e ~st ~r of Scction 11, ~ship 23 ~r~, ~ge 1 ~st, W.M., in Ki~ap ~ty, W~g~n, PARCEL 2: The E 27 acres of the SW quarter of the SW quarter, Section 2, Township 23 N, Range ]. W, W.M., ia Kitsap County, WA; EXCEPTING therefrom railroad right-of-way, and that portion of the above subdivision previously granted by the grantor herein, and lying E of the said railroad eight-of-way. It is further provided that the Westerly boundary of this granted premises shall be measured parallel to the W line cf the said SW quarter of the SW quarter of Section 2. PARCEL 3: The N half of ~he NW quarte~ of ~he NE quarte~ of Section 11, Township 23 N, Range 1 W, W.M., in Ki~sa~ County, PARCEL 4: That portion of the N half of the NW quaste~ of the NW quarter of Section 11, Tcwnship 23 N, Range 1 W, W.M., in Kitsap County, WA, lying E of the Northern Pacific Railroad ~ight-of-way: ALL SUBJECT TO A RESERVATION OF GRAVEL EXTRACTION RIGHTS AND ACCESS EASEMENT NO~ ?~ ALPINE EVERGREEN COMPANY,. INC.... .....__ , ..... 88.11020136 //,.,~, ~, ~...~ 8811290018 ' ' Commiss:on EXHIBIT "A" RESERVATION OF EXTRACT£ON RIGHTS AND ACCESS EASEMENT GRAVEL (Cr3vel Removal Operations) Alpine Evergreen Co., Inc., a Washington corporation, reservec unto itself, the right to re~ove gravel from the subject land described herein, pursuant to the terms and conditions below. 1. TEP34: The term for gravel removal rights shall be: a. For a period of five (5) years after surface mining permit is obtained. b. Surface mining permit shall be obtained by Grantor within five (5) years of the effective date of the Real Estate Purchase Agreement. c. Grantor may exercise the right to extend gravel r~oval operations for an additional five (5) year~ upon completion of the first five (5) year operation period. Written notice of such intent shall be submitted to City of Bremerton ninety (90) days before the fir~ five (5) year operation period expires. 2. SPECIFICATIONS AND PROCEDURES: Oevelapment specifications and operating procedures shall be governed by state requirements. Grantor shall provide City of Bremertos with pit development and operation plans for review prior to 3. EASEMENT: Grantor shall have a non-exclusive right of ingress and egress over existing roads or roads to be constructed ~n conjunction with gravel removal operations. 4. ROAD CONSTRUCTION AND MAINTENANCE: Roads constructed in designed and constructed according to current Forest Practice Rules and Regulations. Maintenance for existing or newly constructed roads used by Grantor shall be the responsibility Grantor and completed in accordance with current Forest Practice Rules and Regulations. ~(t480~2682 8811020136 881 t~9f}O!8 5. INSURANCE: Grantor or its operators shall, Uefore commencement of gravel development operations, provide the City of Bremerton with proof of liability insurance as follows: (a) General Liability - Bodily Injury, $500,000.00/$1,000,000.00 minimum coverage; (b) General Liability - Property Damage, $100,000.00 minimum coverage; and {c) Broad Form Property Damage Liability equal to or exceeding Lloyd's of London, Form B, said bond or proof to be in a form satisfactory to the City of Bremerton's Risk Manager. The City of Bremerton shall be named as beneficiary or additional insured, as the case may be. Such insurance shall be kept in full force and effect during the lifetime of this agreement until all contractual obligations imposed hereunder on Grantor are satisfied. 6. INDBMNI~: Grantor and its operators shall defend, indemnify and save harmless the City, its appointed and elected officers and employees, from and agains~ ~ny and all liability, loss, costs, damag.~ and e~p,nse, including costs and attorney fees in defense thereof because of actions, claims or lawsuits for damages resulting from peraonal or bodily injury, including damage to prope ty, arising or alleged to have arisen directly or agreement, whether such injuries to persons or damage to property is d~e to the negligence of Gta~tor, its operations, subcontractors, agents, successors or assigns. This provision shall be inapplicable to the extent the City is judicially found solely negligent for such damage or injury· 7. TIMBER: Timber removed by Grantor or its operator in conjunction with this operation shall be bucked and decked to City of Bremerton's specifications. No timber shall be felled without prior consent of City of Bremerton. 8. RECLAMATION: Withi.~ one (I) year of ces£ation of gravel operations, Grantor shall reclaim and reforest at their removal sole expense ~hose areas of the gravel pit as directed by City of Bremerton. Specifications for reclamation shall be ~[~478~2847 [_ · I according to th~ Surface Mine Reclamation Act Of i971 or as per Forest Practices Rules and Regulations. ' 9. CITY OF BREMHRTON'S RIGHT TO CLOSE OPERATIONS: If, for any reason including, but not limited to, danger of fire determined to be excessive by City of Bremerton, City of under this agreement (said right being hereby recognized, established, and acknowledged) the time of completion of this agreement shall be extended by the number of days or portion thereof contained within said closure, so long as the closure is acting upon ~rantor's behalf which are actions in breach of this under this agreement for any such clo~ures and shall be in lieu of any other right, whether at law or at equity, inciud'ing but not limited to monetary ~amages. If the Closure is as a result nf Grantor's breach of this agre~mest or is a breach of this there shall be ~o right to the extension provided for herein. 88 ! 1020136 [t480 2684 L 8811290018 ~ ESTAT]~ PORf~E Unimproved property THIS AG[~T is by and between ALPINE EVERGREEN, INC., a Washington corporation, (hereinafter referred to as "Alpine" and "Seller") and the CITY OF BREMERTON, a Washington municipal corporation, (hereinafter referred to as "Bremerton" and "Purchaser"). 1. DESCRIPTIO# OF PAR(IELS~ Bremerton agrees to purchase and Alpine agrees to sell and convey, upon the terms and conditions contained herein, that real propgrty located in Kitsap County, State of Washington, consisting of approximately 85 acres, legally described as: , The SW 1/4 SS 1/4, E 3/4 SW 1/4 SW 1/4, exclusive of USN RR right-of-way, Section 2; N 1/2 NW 1/4 NE 1/4, portion NE 1/4 NW 1/4 NW 1/4 lying east of USN RR right-of-way, Section 11, all in Township 23 North, Range I West, W.M. (hereinafter "Alpine Tracts"). 2. PURCHASE PRICE: Bremerton and Alpine agree that the full price for the Alpine Tracts is $311,625.00. 3. CONTINGENCY OF APPROVAL OF TITLE E~CUMBRANCES: The status of the seller's title will be shown in a preliminary co~nitment for an owner's standard coverage ALTA form title- insurance policy issued by Land Title Insurance Company, which commitment will be ordered by the purchaser at the seller's expense and delivered to the Bremerton City Attorney's office within fifteen (15) days of Bremerton's signature on this Real Estate Purchase Agreement. Said preliminary commitment shall have attached hereto photocopies of all documents shown as encumbrances to the title of the seller. Purchaser must, within fifteen (15) days of delivery of said preliminary commitment, approve in writing the title and encu&abrances or defects thereto or give notice of unacceptable encmnbrances. If the purchaser does not give said written approval or if, within ten (10) days of the seller's receipt of purchaser's list of unacceptable encumbrances seller does not agree in writing to remove those encumbrances objected to by the purchaser at or prior to closing, this Real Estate Purchase Agreement shall, at the purchaser's option, become null and void and all rights of the parties hereunder shall terminate. 4. RIGHX TO ~NTER P~F.~ISl~S: Bremerton, or their authorized agent, shall have the right, at reasonable times, to enter upon the tracts 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. Alpine shall have the right to remove sand and gravel from ~ the SE 1/4 SW 1/4 SE 1/4, Section 2, and the NE 1/4 NW 1/4 NE 1/4 Sec. 11 all in T23N, R1W, W.M., a combined'area of approximately twenty (20) acres until closing. Extraction.shall be permitted after closing pursuant to the Gravel Extraction License and Access Easement. %., 5. CON~YANC. E BY STATUTORY WAI~NTY DE~D= At closing, fee title to the Alpine Tracts shall be conveyed to the purchaser by 'statutory warranty deed subject oniy to those defects and encumbrances approved by the purchaser pursuant to Paragraph 3 above. 6. TITLE INSUPJ~NCE: At closing, the seller agrees to provide at the seller'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 purchaser pursuant to Paragraph 3 above. 7. POSS~.~SI(~N: Subject to the limited right of entry pursuant to Paragraph 5 above, the purchaser shall be entitled to possession of the tract it purchases upon the closing of this transaction. 8. ESCROW CLOSING AG~T: This transaction shall be closed by Land Title Insurance Company, a licensed and bonded escrow agent. %,~ 9. CLOSING COSTS AND PHO~ATIO~S= Alpine and Bremerton each agree to pay one-half (1/2) of the escrow closing agent's escrow fees. Alpine agrees to pay for the costs of clearing Alpine's title to the Alpine Tracts, including any delinquent property taxes, the owner's standard title insurance policy, and any real estate excise tax related to the Alpine Tracts. 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 seller. 10. CLO~ING DATE - TERMINATION DATE: ~is transaction shall be closed on or before 5500 p.m. on the 45th day after the date on which Bremerton signed thi~ Agreement in Paragraph 20. 11. ATTOE~iEY'S F~S: In the event that Alpine or Bremerton shall institute a lawsuit to enforce any rights pursuant to this Agreement, the successful p~rty 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. 12. NOTICES: All notices sent to Alpine or Bremerton pursuant to this Real Estate Purchase Agreement shall be sent by certified mail, return receipt requested to the following addresses unless either party notifies the other in writing of a change of address: For Alpines For Bremerton= City Clerk 239 Fourth Street Bremerton, WA 98310 Copy to~ William Duf~y utilities D£Tector 239 Fourth Street Bremerton, WA 98310 13. TIi%E OF ESSENCE: Time is of the essence of this Real Estate Purchase Agreement. 14. GOVERNING LAW ~]DVEEUE: 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. 15. RISK OF LOSS; The seller shall deliver the premises and any personal property thereon to the purchaser at closing in the same condition existing as of the date hereof. Risk of loss or damage to the premises or the personal property shall be borne 3 by the seller until the date of closing. Thereafter, the purchaser shall bear the risk of loss. 16. A$SIG~4EMT: Neither Alpine's nor Bremerton's rights under this Agreement may be assigned without prior written consent of the other party. In the event of an assignment, this Real Estate Purchase Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns, heirs, and legal representatives. 17. ~RADINGS: 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 aid in the construction of any term or provision hereof. 18. E~TIRE AGREEMENT: There are no verbal or other agreements which modify or affect this Agreement and Alpine and Bremerton agree that this Real Estate Purchase Agreement constitutes the full and complete understanding between Alpine and Bremerton. 19. SURVIVAL= Alpine and Bremert0n agree that all representations, warranties, and agreemen~ made herein shall not merge in, but shall survive, the closing of this transaction and the delivery of any deeds hereunder. 20. LIMITATIO~ ON BREMERTON'S TIME FOE ACCEPTANCE: Bremerton shall have only until 5:00 p.m. on the 45th day following the date of Alpine's signature below to accept this Agreement by delivering a signed copy thereof to Alpine. If Bremerton does not so deliver a signed copy within such period, this Agreement shall lapse and all rights of the parties hereunder shall terminate. ALPINE EVERGREEN, INC. DATED= President Secretary CITY OF BREMERTON: DATED: GENE LOBE, Mayor ATTESTs .. KATfiLEEN L. McCLUSKEY, Clerk ' %~ 4 APPROVED AS TO FORM~ DEPARTMENTAL APPROVAL: 1AN SIEVERS, City Attorney WM. DUFFY, Utilities Director 5 7-28-1998 ?':19AM FROM RW FORESTRY DIV 368 478 B844 PUBLIC WORI~ AND ~ 3027 Olympus Drive * Br~m~on, WA 98310-4'7g~ · (~60) 471t-~318 ,, FAX (360) 478-~015 FORESTRY DIVISION FAX TRANSMITTAL FAX NUMBER (360) 478-,'ii844 O^TE: ~.,/~ ¢ / ~ 8 . OFFICE: , ~ "-'-, ~, "-,- v',, c. es ADDRESS: FAX NO.: ,g' 2.00 PH. NO.: NO. 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