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
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