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HomeMy WebLinkAbout1029691 WARRANTY DEED THE GRANTOR, POPE & TALBOT ~ INC., a Corporation, for and in consideration of Ten Dollars ($10.00), and other valuable considerations, in hand paid, conveys and warrants to CITY OF BREMERTON, a Municipal corporation of the State of wash~en~rtan°~ed, the following described real estate, subject to statutory reservations, if any, situated in Kitsap County, State of Washington: The Northeast quarter of the Northeast quarter (NE¼ NE¼) of Section Twenty-eight (28) and the Southeast quarter of the Northeast quarter (SE¼ NE¼) of Section Twenty-two (22) all in Township Twenty-four (24) North, Range One (1)West, W.M. SUBJECT TO: easement for road purposes from Pope'& Talbot, Inc. to State of Washington, Department of Natural Resources, recorded Sept- ember 27, 1965, under Auditor's No. 858878. easement road purposes from Chas. R. McCormick Lumber SUBJECT TO: for Co., to State of Washington, Division of Forestry, recorded March 28, 1935, under Auditor's No. 270459. Reserving to the Grantor, its successors in interest and assigns, an easement for road purposes over, along and across all logging roads crossing said properties ......... There are excluded from the warranties of this deed all unpaid taxes, and assessments and installments of either thereof, restrictions, easements and reservations of record at the date hereof, zoning or use restrictions, and also, all liens, incumbrances, charges, liabilities and claims of whatsoever kind arising, created, permitted or imposed on said property by the Grantee or his successors in interest after the 2nd day of June ,19 72. IN WITNESS WHEREOF, the Grantor has caused this instrument to be executed and its corporate seal hereunto affixed:-b~' it~"6fficers thereunto duly authorized this 2nd day of June 19 72 ~ ;~ ~,: .',} By ........."" (J ~' ~ ~'"":~"';~ ...... *% '%, , ..' ' ~" By.~:_: ........... .~'" D t. Asst. Secretary OREGON STATE OF ss. County of ~fMultnomat~ On this 2nd day of J. une ,1972 , before me personally appeared Guy B. Pope and Frank McPherson to me known to be the President and Asst. Secretary, respectively, of POPE TALBOT l~]!*~i~[~lill~f, INC., the corporation that executed the Within and foregoing instrument, and ack- nowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and~pu~rposes therein mentioned, and on oath stated that they were authorized to execute said instrument and th~'7~k~ ~J[ixed is the corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal-th~ilay,:~n..d,, y?r.lirs[ above written. :.. ,'. :, / ,..¢ ;'.1' . ." t ~ ..... ~- ,,7 :' ~5 ~,'~ aequest of PI0~E~ ay%. TITLE I~. D. THEODORE WR]6HI. ~itsa~ County ~a]ko~ My Commission expires ...... ~.~.g.~.~....~.~.,.....~.~J 5 562 ! AN ORDiNANC~ of the City of Bremerton, Washington Providing for the Sale and Coveyance of Certain Real Property Owned by the City of Bremerton. WHEREAS, the City of Bremerton is owner of the following described property situated in the county of Kitsap, State of Washington; the W 1/2 of the NW 1/4, Section 29, T 24N, R 1W; and WHEREAS, said property is part of land originally acquired by the City of Bremerton for the purposes of watershed management; and WHEREAS, said property above described is no longer necessary for watershed management purposes and is hereby considered by the City Council of the City of Bremerton to be surplus and excess to the reasonable foreseeable needs of the City of Bremerton; and WHEREAS, the City Council of the City of Bremerton has determined that sale of such property would be advantageous to the City of Bremerton and in the best interest of its citizens in that said property is not now used for any municipal purpose; and WHEREAS, Pope & Talbot, Inc., an Oregon Corporation has offered to exchange its property, The Northeast Quarter of Dhe'Northeast quarter (NE 1/4 NE 1/4) of Section ~enty-eight (28) and the Southeast Quarter of the Northeast Quarter (SE 1/4 NE 1/4) of Section Twenty-two (22) all in Township'.'Twenty-four (24)' North,'Range one (1) West, W.M. Subject to easement for road purposes from Pope & Talbot, Inc. to State of Washington, Department of Natural Resources, recorded September 27, 1965, under Auditor's No. 858878. Subject tO easement for road purposes from Chas. R. McCormick Lumber Co., to State of Washington, Division of Forestry, recorded March 28, 1935, under Auditor's No. 270459. Reserving to the Grantor, its successors in the interest and assigns, an easement for road purposes over, along and across all logging roads crossing said properties; and WHEREAS, the appraised value of the Pope & Talbot, Inc. property is equal to or in excess of the appraised value of said property of the City of Bremerton,~_ Now, Therefore, THE CITY OF BREMERTON DOES ORDAIN: Section 1. That the offer of Pope & Talbot, Inc. to purchase the above described property that Bremerton is exchanging, is accepted, in exchange for the Pope & Talbot, Inc. property de- ~'' The Northeast Quarter of the Northeast quarter (NE 1/4 NE 1/4) of Section Twenty-eight (28) and the Southeast Quarter of the Northeast Quarter (SE 1/4 NE 1/4) of Section Twenty-two (22) all in Township Twenty-four (24) North, Range one (1) West, W.M. Subject to easement for road purposes from Pope & Talbot, Inc. to State of Washington, Department of Natural Resources, recorded September 27~ 1965, under Auditor's No. 858878. Subject to easement for road purposes from Chas. R. McCormick Lumber Co., to State of Washington, Division of Forestry, recorded March 28, 1935, under Auditor's No. 270459. Reserving to the Grantor, its successors in the interest and assigns, an easement for road purposes over, along and across all logging roads crossing said properties; Section 2. That upon delivery of the statutory warranty deed from Pope & Talbot, Inc. the Mayor and City Clerk are authorized and directed for andon behalf of the City of Bremerton to make, execute and deliver to said purchasers a statutory warranty deed between the City of Bremerton as Grantor and Pope & Talbot, Inc. as Grantees, covering the hereinabove described property. Said deed to be on a form approved by the City Attorney. Section $. This ordinance shall take effect upon its passage, approval and publication as provided by law. A~qq'~OVI';I) by the C~ty Counci~ of the City of Brem~rtou on £irst reading this- ~/% day of ~une, 1972. PASSED by the City Council of the City of Bremerton, of s~cn passage this ~ay of , , 1972. GLENN K. JARSTAD, Mayor TO THE CI,ERK a/?B/72 Attached is statutory warrsnty deed in connection with exchange of properties between the City of Bremerton and Pope & Talbot Company. It is our understanding that a formal appraisal of the properties was not obtained as required under our policy resolution recently adopted by the Council. However, the transfer appears to be one that the appraisal could be waived (in accordance with our pol~.cy) because of obvious benefit to the City~ and the fact that the transfer procedures were instituted prior to adoption of our resolution. I suggest that the deed attached be executed by the council but held by the Clerk for delivery upon receipt Talbot of a like deed from Pope & . ~ ~ ~~ N THIS SPACE .ERVFD FOR RECORDER'S USE; Filed for Record at Request of ?[aigren, Sexton ?~ Kamps, Inc P S ~ame .......................................................... : ................................... : ........ :.-...: .... xaar ....... ................................................ city aha State ...... ...... 2..8.,!.?- ............. Form 467-C-Rev. $ atu or7 azmn y Deed (CORPORATE FORM) THEGRANTO~, THE CITY OF BREMERTON, A Municipal Corporation of the State of Washington ~orand incons|derati~n o£ Ten Dollars ($10.00), and other valuable considerations in hand paid, conveys and warrants to Pope & Talbot, Inc., a Corporation, the following described real estate, situated in the County of Kit sap , State of Washington: The West Half of the Northwest Quarter (W 1/2 NW 1/1t)., Section 29, Township Twenty-four (24) North, Range One (1) West, W.M. Subject to: Easements, restrictions and reservations of record. IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by its proper officers and its corporate seal to be hereunto affixed this day of ,19 7 2 T~-Tw CITY OF BREMERTON, WASH.~NGTON G. C.. YEADON, CITY CLERK~Ky. STATE OF WASHINGTON, ! ss. County of Ki ts ap On this day of ,1~ 7 2 before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned an~ sworn, personally appeared GLENN K. JARSTAD and G. C. YEADON~ SR. to me known to be the Mayor ~' ~d~ and City C1 .~Kr~(respectively, of Bremerton, Washington the corporation that executed the foregoing instrument, and acknowledged the 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 authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. Wimess my hand and official seal hereto affixed the day and year first above written. POPE & TALBOT. INC. s,.cE ,..9 P. O. BOX 8171 · 1700 $.W. FOURTH AVENUE · PORTLAND, OREGON 97207 · AREA CODE ~03 228-9161 March 7, 1972 Mr. Erv. Heath, Forester City of Bremerton 239 Fourth St. Bremerton, Washington Dear Mr. Heath: We have obtained management approval to exchange the NE¼ NE¼~ Sec- tion 28, T 24N, R 1W, and the oEk NE¼, Section 22, T 24N~ R 1W for the ~- 55~-a~, Section 29, T 24N, R 1W, pursuant to the following: 1. Title to be conveyed by Warranty Deeds subject only to encumbrances of record EXCEPT Pope & Talbot will retain right to use exsisting roadways across the property being deeded to the City. 2. Consideration for excise tax and title insurance purposes will be $ 8,000 for each parcel. 3. Each party will bear all closing costs applicable to property it is acquiring. Enclosed is copy of Warranty Deed, neither dated~ executed nor ack- nowledged but complete in all other respects, with which Pope & Talbot, Inc. will transfer title to the City. Upon receipt of advice from you that the form is satisfactory and that you are prepared to deliver deed from the City of Bremerton to Pope & Talbot~ Inc. I will arrange for execution and delivery to Pioneer Nat- ional Title Insurance Company. Very truly yours, .~._~rty M~nager JGC/sf cc: Mr. T.J. Driscoll Mr. M.E. Philbrook ~¢~. R.D. Bruce Auomet 2~ 19"72 G. C. Vemiafl, c~tv POPE &z; TALBOT INC. · ~, ~,NC*,' P. O. BOX IBI?! · l?O0 $.W. FOURTH AVENUE · PORTLAND, OREGON 9T{O7 · AREA ~OD{ 503 ~{{-~l{I . June 2, 1972 Pioneer National Title Insurance Co. 523 Fourth Street Bremerton, Washington 983lO '¥' Gentlemen: Reference is made to your order Nos. J-65088 and J-65089 applicalbe to an exchange of properties between Pope & Talbot, Inc. and the City of Bremerton. Enclosed you will find fully executed warranty deed from Pope & Talbot, Inc. to the City of Bremerton conveying to the latter title to the property described in your report No. J-65088 as well as real estate excise tax statement. Please note that first-half installment of 1972 taxes were timely paid. Enclosed is our check in the amount of '$171.04 payable to the Kitsap County Treasurer for second-half taxes (Acct. No. 2824-O1- -1-001-1004 & 222401-1-002-1009) which we request you pay prior to closing. Upon receipt from the City of Bremerton of a fully executed deed to Pope & Talbot, Inc. conveying title to property described in your report No. J-65089 you are authorized and directed to: a.Record the enclosed deed in the Kitsap County deed records and pay 1% excise tax. b. issue owner's title insurance policy to the City of Bremerton. Each party has agreed to bear expenses involved in conveying title to its property. We will reimburse you promptly upon receipt of' statement for the expenses applicable to conveyance of title to the City of Bremerton. Very truly yours, ty Manager CC: Mr. Erv. Heath, F:orester City of Bremerton . Bremerton, Washington 98310 Mr. T. J. Driscoll WAI{,RANTY DEED 'l-HE GRANTOR, POPE & TALBOT~I)~E~'t{3~, INC., a Corporation, for and in consideration of Ten Dollars {$10.00), and other valuable considerations, in hand paid, conveys and warrants to CITY OF BRF2,1ERTON, a I~onicip~l corporation of the State of Washington, the Grantee. the following described real estate, subject to statutory reservations, if any, situated in Kitsap County, State of Washington: The Northeast Quarter of the Northeast quarter ( I.~¼ ~¼) of Section ~zenty- eight (28) and the Southeast Quarter of the Northeast Quarter (~E$ NEff) of Section Twenty-Two (22) all in Township Twenty-four (24) North, Range one (1) West, W.M. Subject to easement for road purposes from Pope & Talbot, Inc. to State of Washington, Department of Natural Resources, recorded September 27, 1965, under Auditor' s No. 858878. Subject to easement for road purposes from Chas. R. McCormick Lumber Co., to State of Washington, Division of Forestry, recorded March 28, 1935, under Auditor' s No. 270459. Reserving to the Grantor, its successors in the interest and assigns, an easement for road purposes over, along .and across all logging roads crossing said properties. There are excluded from the warranties of this deed all unpaid taxes, and assessments and installments of either thereof, restrictions, easements and reservations of record at the date hereof, zoning or use restrictions, and also all liens, incumbrances, charges, liabilities and claims of whatsoever kind arising, created, permitted or imposed on said property by the Grantee or his successors in interest after the day of ,19 IN WITNESS WHEREOF, the Grantor has caused this instrument to be executed and its corporate seal hereunto affixed by its officers thereunto duly authorized this day of ,19 POPE & TALBOT~ INC. President Attest: -. Secretary Oregon STATE OF ~} County oflK~g Multnomah ss. On this day of ,19 , before me personally appeared to me known to be_ the President and Secretary, respectively, of POPE & TALBOT DEVELOPMENT, INC., the corporation that executed the Within and foregoing instrument, and ack- nowledged 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 and that the seal affixed is the corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public in and for the State of ~tS~Y~ Oregon Commission expires ...................................................... TO J,183 PNTI (11-71) WA. POLICY OF TITLE INSURANCE ISSUED BY Pioneer National Title Insurance Company a California corporation, herein called the Company, for a valuable consideration, and subject to the conditions and stipulations of this policy, does hereby insure the person or persons named in item 1 of Schedule A, together with the persons and corporations included in the definition _ of "the insured" as set forth in the conditions and stipulations, against loss or damage sustained by reason of: 1. Title to the estate, lien or interest defined in items 3 and 4 of Schedule A being vested, at the date hereof, otherwise than as stated in items 2 of Schedule A; or 2. Any defect in, or lien or encumbrance on, said title existing at the date hereof, not shown in Sched- ule B; or 3. Any defect in the execution of any instrument shown in item 3 of Schedule A, or priority, at the date hereof, over any such instrument, of any lien or encumbrance not shown in Schedule B; provided, however, the Company shall not be liable for any loss, damage or expense resulting from the refusal of any person to enter into, or perform, any contract respecting the estate, lien or interest insured. The total liability is limited to the amount shown in Schedule A, exclusive of costs incurred by the Company as an incident to defense or settlement of claims hereunder. This policy shall not be valid or binding until countersigned below by a validating officer of the Company. In Witness Whereof, Pioneer National Title Insurance Company has caused its corporate name and seal to be-hereunto affixed by its duly authorized officers as of the date shown in Schedule A, the effective date of this policy. Pioneer National Title Insurance Company PRESIDENT SECRETARY By___~ Validating WASHINGTON LAND TITLE ASSOCIATION STANDARD FORM TO 1484 PNTI (3-67) WA. ~ CLW ?o]i¢¥ No. J~.65085 ^mo~t $ 8,000. OO Date SEPTEHBER 5, 1972 AT 8:00 A.H. PremiumS CITY OF BREFIERTON, A HUNIClPAL CORPORATION. Title to the estate, lien or interest insured by this policy is vested in THE NAHEO INSURED. 3. Estate, lien or interest insured FEE S IHPLE ESTATE. 4. Description of the Real Estate with respect to which this policy is issued PARCEL (A) THE NORTHEAST (~UARTER OF THE NORTHEAST (~UARTER OF SECTION 28, TOWNSHIP 2b, NORTH, RANGE I WEST, W.H., IN KITSAP COUNTY, WASHINGTON. PARCEL (B) THE SOUTHEAST OLIART£R OF THE NORTHEAST (~UART£R OF SECTION 22, TOWNSHIP 2/~ NORTH, RANGE I WEST, W.H., IN KITSAP COUNTY, WASHINGTON. TO 1485 ~TI (7-69) WA. SCHEDULE B ' Policy No. 3-65088 DEFEGTS, LIENS, ENGUMBRANCES AND OTHER MATTERS AGAINST WHIGH THE GOMPANY DOES NOT INSURE: All matters set forth in paragraphs numbered 1 to 4, inclusive, in the inside cover sheet of this policy under the heading Schedule B General Exceptions. Special Exceptions: l; EASEHENT OVER ANO ACROSS AND EXISTING RIGHT OF WAY FOR THE PURPOSE OF CONSTRUCTING AND/OR HAINTAINING A ROAD TO PROVIDE ACCESS TO GOLD MOUNTAIN LOOKOUT, FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF FACILITIES AT THE SITE AND FOR FOREST PROTECTION PURPOSES, AND RESER- VATION TO USE SAID ROAD, SAID ROAD USERS WILL CONTRIBUTE THEIR PRO~-,RATA SHARE FOR THE MAINTENANCE COSTS CAUSED BY THEIR USAGE SO THAT SUCH HAINTENANCE WILL LEAVE THE ROAD IN AS GOOD A CONDITION AS EXISTED AT THE TIME OF COMMENCEMENT OF SAID USE. GRANTOR HEREIN SHALL RETAIN TITLE TO ALL TIMBER NOW OR HEREAFTER GROWING WITH THE LIMITS OF THE RIGHT OF WAY. GRANTED BY: POPE & TALBOT, INC., GRANTED TO: STATE OF 9/ASHINGTON, DEPARTMENT OF NATURAL RESOURCES, RECORDED: SEPTEMBER 27, 1965, AUO ITORtS NO.: 858878, AFFECTS PARCEL (A). 2. RIGHT TO CONSTRUCT AND MAINTAIN A ROAD FOR FOREST PROTECTION PURPOSES ONLY, 20 FEET ON EACH SIDE OF A CENTERLINE ROAD AS NOW ESTABLISHED THROUGH SAID PREHISES AND OTHER PROPERTY. GRANTED BY: CHAS. R. FtC CORMICK LUMBER CO., GRANTED TO: STATE DIVISION OF FORESTRY, RECORDED: MARCH 28, 1935, AU0 ITORtS NO.: 27Oq'59, VOLUME/PAGE: 220/~90, AFFECTS PARCEL (B). 3. AN EASEMENT AFFECTING THE PORTION OF SAID PREMISES AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES. FOR: ~N EASEMENT FOR ROAD PURPOSES OVER, ALONG AND ACROSS ALL LOGGING ROADS CROSSING SAID PROPERTIES, IN FAVOR OF: POPE & TALBOT INC., A CORPORATION, RECORDED: SEPTEMBER 1, 1972, AUDI TORTS NO.: 1 029691, AFFECTS: SUBJECT PREMISES. (END OF SCHEDULE B)