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Home My WebLink About3252801 Name Citv of Bremerton/Citv I I. IJ LIIJ.", .,L..1.. LM~J '" LE :u OEEl $S . IS Attornev 3252801 Paqe' 1 of 2 S5!S5!2SSS 12'37P Kitsap Co, WA AFTER RECORDING MAIL TO: Address239 4th Street City, St1lte, Zip Bremerton, WA 98337 Statutory Warranty Deed LAND TITLE COMPANY OF KITSAP COUNTY E-133755 Escrow No.S-13034-CA THE GRANTOR MCCORMICK LAND COMPANY, INC., a Washington corpora tion for and in consideration of WAC 458-61-420 GOVERNMENT TRANSFER UNDER THREAT OF EMINENT DOMAIN in hand paid, conveys and warrants to CITY OF BRBMBRTON, a municipal corporation the following described real est1lte, situated in the County of Ki tsap , State of Washington: THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 23 NORTH, RANGE 1 WEST, W.M., IN KITSAP COUNTY, WASHINGTON, LYING NORTHERLY OF STATE HIGHWAY NO. 14; EXCEPT THAT PORTION CONVEYED UNDER AUDITOR'S FILE NOS. 403622 AND 447983. Parcel No. 012301-3-010-1001 Subject to attached Exhibit IIA" DOUG'SiiRO"' ...; . SECRETAAY'jTH:i;:'j,S..".."..".."..".." ..".."..".."..".."..".."..".."...."..".."..".".."....."......."..".." exclsE,2J~fh $ ;JO~ MAY 5 ZOOO BYKITSA~TY ~ Dated: MCCORMICK ................................................................................. STATE OF Washington COUNTY OF Kitsap On this 4th day of May, 2000, before me personally appeared Doug Skrobut, to me known to be the Secretary/Treas of the corporation that executed the within and 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 he was authorized to execute said instrument. re S. Mas e Notary Public in and for Residing at: Port Orchard My appointment expires: August 28, 2 LPB-10 EXHIBIT A FILE NO. E-133755 ESCROW NO:S-13034-CA 1. Terms, covenants and conditions contained in Application for Current Use Classification, entered into pursuant to RCW 84.33 (including potential liability for future applicable taxes, penalties and interest upon breach of, or withdrawal from, said classification); notice of approval being recorded under Recording No": 8610310179 Records of: KITSAP County. Washington Classification: Designated Forest Land 2. 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. Cause No: 40135 Records of: Kitsap County, Washington 3. Easement, including by instrumenti Recorded: Recording No: For: Affects: its terms, covenants and provisions as disclosed June 23, 1949 492538 road portion of said premises @ 1 ,J ~lltltll U 3252801 Page 2 of 2 85/85/2888 12'37P Ki\sap Co, WA REAL ESTATE PURCHASE AND SALE AGREEMENT THIS REAL ESTATE PURCHASE AND SALE AGREEf1E}NT ("Agreement") is made and entered into as of the Iy.... day of .~ , 2000, by and between McCORMICK LAND CO., Incorporated, ("Grantor") and the Grantee CITY OF BREMERTON, a municipal corporation ("City'). RECITALS A. Grantor is the owner of that certain real property located in Ki tsap County, Washington, legally described in Exhibit A, attached hereto. B. The property which is the subject of this Agreement shall include and is together with all of Grantor's right, title and interest in and to all contracts, agreements, warranties, commitments, privileges, tangible and intangible interests, appurtenances, easements, licenses, applications, permits and governmental approvals and consents relating to or serving said property (collectively the "Property"). C. The City desires to acquire the Property for recreational purposes, and other potential uses. AGREEMENT 1. Grant. Subject to the terms, covenants and conditions set forth herein, Grantor hereby agrees to grant to the City all right, title and interest of the Grantor in the Property, including all timber rights. 2. Consideration. 2.1 The consideration to be paid to Grantor is Three Hundred Thousand ($300,000.00) Dollars. 2.2 The parties acknowledge that the total purchase price is significantly below the fair market value of the Property, which is agreed to be $475,000. The parties' understand that the difference between the fair market value and the purchase price of the property represents an income tax deductible gift to Purchaser by Seller. 3. Title. 3.1 Condition of Title. Grantor shall deliver to the City good and marketable title, free and clear of all liens and encumbrances except the exceptions referred to in Section 3.3 (the "Permitted Exceptions") . 3.2 Title Commibnent. Within fifteen (IS) days after the date hereof, Grantor shall cause to be furnished to the City a conuni tment for an ALTA Owner's Standard Policy of Title Insurance (the "Title Commitment") and such other endorsements as the City may require, issued by Land Title Company of Kitsap County (the "Title Company"), describing the Property, listing the City as the prospective named insured and showing as the policy amount to be mutually agreeable. Grantor shall cause the Title Commitment to be furnished to the City along with legible true copies of any and all instruments referred to in the Title Commitment as conditions or exceptions to title to the Property. 3.3 Review of Title Commitment and Survev. The City shall have ten days from the date of delivery of the commitment for title insurance identified above, (the "Title Review Period") to notify Grantor in writing of any matters disclosed in the Survey to which the City objects or of exceptions shown in the Title Commitment that are in addition to those to which the City consents and which may remain of record (the "Permitted Exceptions"). If Grantor is unable in spite of its best efforts to cure such objections by Closing, the City may at the City's option waive the objection not cured, or terminate this Agreement by notice to Grantor. 4. Closina. The Closing and conveyance of title shall occur wi thin thirty (30) days after execution of this Agreement, but in no event later than February 29, 2000, unless otherwise agreed to between the parties. 4.1 Documents to be Delivered by Grantor. At or prior to the Closing, Grantor shall execute and deliver or cause to be delivered to Escrow the following documents: A. Statutory Warranty Deed duly executed and acknowledged, conveying to the City the Property in indefeasible fee simple, free and clear of any lien, encumbrance or exception other than the Permitted Exceptions (the "Deed"); B. If applicable, an Assignment in a form satisfactory to the City assigning to the City Grantor's interest in all permits, approvals, leases, contracts or warranties comprising the Property (the "Assignment"); C. An Owner's ALTA StandardPolicy of Title Insurance issued by the Title Company conforming to the requirements of Section 5.2 herein; D. A FIRPTA certificate certifying the non-foreign status of Grantor; and 4.2 Consideration to be Deliyered by The City. At or prior to Closing, the City shall deliver to Escrow funds necessary to close this transaction. 4.3 Prorations. Real property taxes, utility charges constituting a lien on the Property, and assessments shall be prorated as of Closing. Grantor shall furnish to the City and the Title Company all information reasonably necessary to compute the prorations. 5. Notices. All notices, requests, demands and other communications in connection with this agreement shall be in writing and furnished to the other party at its address listed below (or at such other address as may be specified from time to time by notice) and shall be deemed to have been duly given if delivered personally, send via facsimile transmission or sent by certified or registered mail, postage prepaid, to the following respective addresses: If to Grantor: Doug Skrobut McCormick Land Co, Inc. 4978 S.W. Lk. Flora Rd. Port Orchard, WA 98367 If to the City: City Clerk AND 239 4th Street Bremerton, Washington 98337 (360}478-5290 City Attorney 239 4th Street Bremerton,Wa. 98337 6. Intearation. This Agreement and all documents and instruments executed pursuant hereto merge and integrate all prior agreements and representations respecting this transaction, whether written or oral, and constitute the sole and entire agreement of the parties in connection herewith. 7. Amendments. This Agreement may be amended or modified only by a written instrument executed by Grantor and the City. 8. Binding Nature. All rights and obligations arising out of this Agreement shall inure to the benefit of and be binding upon the respective successors, heirs, assigns, tenants, administrators, executors and marital communities, if any, of the parties hereto. 2068762254 lJJ./10/ ..:UUl1 1) ,j I MCCOR I CK WOOD" JhD4/1\',] (,1 P.l""r:YII.I' 1','" ...., ....- . 869 P02 MRR 13 '00 1 t. .!J!DI. 'time;' coven.n~ anQ condition ot the liIasence in each and every this Agreement. '0. Ta, ~.ntti~, The City agrees to eo"pp.r.>.lU to the extent legally t' -mi ,!,:!\jJ,le to !l1c:llimi:ze the l<lwtully a".~i, '~ble ta:'! b.,J1efi jc to Crant.c::.. The obligation of cOPp~.r;!tic!': ex:e:}d~ t. ~:he a~(icuti.on ot d.Oc\'41U~nt3 and other papt:r~ preparea ~--. -::~rantv.t.$ ~c.iX .uvi.$u.ta,.. 1'he City I1cltnow1.eclq.;;s that tho: F"c:il(l,"'~ pLica il' below market. va.l.\.le ar.4 th"t G..dUl;.QL .in t ",-:is che oiU:erence between the pU$cl',ase price and I'''''; ke{: value to De an income 1;ax deductible girt to tne -,,'t Y . 11. Thnlatof~t)~_. The [)roperty, in part, ill currently en<:roac:hp" "pon by !:tl* Ci t~"" Mun.icipal Colf Course. The C;"y H.:\llni,=~t.ed ~o G~ant.~:. during tn~ CO\lr~~ o'f tl"9'(")t.i.atiof'!s ",:J,t ~cndemn~tion by the Cit3" would COJl\!ntU"l';:@ if agree:ent '..d J"!ct be ~t:<.iched. GNneora: Dated: '3/0/0) 'c"~ateCl T'" CIty: Dated: 3/1 0 J 00 THE CITY OF BkEI\IERTOH, a MuniCipal Corporation Approved as to Legalit ~_."' ~- ----~~ . Ci ty Attor~", BY~~. ..!&- Its or ~kYuttL Ittal~ ~ flnL. r I ! ~ ~ i'i .- n ~ ~ r11!?: A, j~~ (,~ EXHIBIT NO. "--D-" l~~ i~ W L1N~ "J~'1.5W1~ ~ -;;-~ ~ N D I ~ 35 /5' hi J ~" }0__----~::::::..1 ~ I ~~~~. .5 '...00:"- '/ ~). ~{'>.<-" '~~ ,. " ~ '" ~ ~ " , ~ ~ . ~ ~ . . S , " " ~ t> 0 . S " III Co U- N I " .I'D " ~ '" n, ~ ~ '" " . (fl q 0 ---- ~ '" Iv I Z 7 j 91 564 '-J' :...... Z595' ~ ~~') ~ ~ N , ~ m N ~ N o - m . ~ m z ~ ~ " "0 ~ j " " " ~ , ,-, .. a " 5 ~ . 5 < . J:! I~ ~ -I !,..,~ ,0i1"U"~ ; ~ifjji.1 llah ij J l'oh:Y- 8 '"~ ., . ",."" ~i. I'" ~ 1-'1 i~ . . ! _ - . .. li!=.. !.J>V'''''-'' ~~~~.- ~ 0:: ~~" ......--. :;l ~. -" " 'E ~:~ 5 ~~~~ ~,::;!j ~~3~ ""..-,.,m :;;I"''''':>:: ~~~..., b ~ < . ~ ~ -~ '0 il~ ~ 141 (l'____. ) ~ 7 ~ .-- B7.~' --.. 7 "" 9.... , ~ liNt: W~.. '.;,E.'{.. 0;,11./'/.. _J N Of. 05' 58" W 1"-97 IT . ~ ~~'-r-' < . " < -i:+ij I " < " . . ~ ~ . ~ 1$" ,q EO' " 6 N - .0 ~-:--,--CJ =~E ". ..' ~s " ~ ~'" ~~ -- . ~ ~~ ;' .,! ,. " ~ 0-( ". _ ~ 0 ~ ~o t.......L......!- dill ;J . . " = ~z .~; " . < ~ ~o . . ~ ~ ~~ nO E." . ~ g ,. I 0 . ~ o~ ..~ . . , n 0 ,,'" ~'" ~I" """ 5 ..~ I 0 " ~ . ~ < . ~'" z~ '0 " -1'1 :1~ '" r ~~i . " ,~ :!:: a!i olii is:~ . . . . . . . " . ~~ " " . 0 " 1'1 ~CIl ~.... "'; ,al... ,. ~ h~ i ~ . 0 ~ g ~'" <>C "'<loJ:'~ ~ ~ ~-< d ~ 5 ~D 1iJ~ T 1'00 ! -.; i ! r:>c1 'I: '.. c '. ~" 0" .. :=,;;;> is . ., . ~ "1'1 ~ "ll! ::;::~ i ;!iie = ~ g ~ . JE-< 1>1 ..;;! :n,~ . 5 ~ . o! ~~ ~ ~n ; . 6 " I ;f[; t ...;1 0 ~ ."2J " r ~~ . i" . ~ " ~ E'" ' 0 . ~ i ;~ , , 0 .G: .. . ~ . ,.....,-.11 i 0 ~-< OJ I ',io is . .~ · i~ 0 . ~ ~ . ~~ "' . ~ " . O!:[: 'I:C .. ~ ~,~ . ~ ~ ~ ~I ' :'-' :~ i i I ~ D" ~" I :-.1 . ." ~ . . ~~ "'~ ~ ~8 i "I " ~ " " E~ " ~ 0 . . ,. ~~ i :!;: 0 " .~ z~ . ;.~ '! ~D ,,- "' Z -.< i 0" z:~ l5. ~ D " '" ~ ~ o "! " . i' -, ~o iii. zm~ 0' ;~~ ~~f;i o 11. fi~ .~i, i ~-: ~ ci 5 - -."'->t;- ,~~~'!7E TITLE OFFICE o SlIverdele 9657 Levin Road N.W. Suite 100 P.O. Box 2737 SilverdJde, Wa 98393 (360) 692.2233 fAX: \'360) 692-2244 ESCROW OFFICES o Port Orcherd 1140 Bethel Avenue Suite 202 P.O. Box 1489 Port Orchard. W A 98366 (360) 976-0450 FAX: (360) 876-0574 o Silverdele 9657 Levin Road N,W. Suite 110 P.O. Box 2737 Sllverdale, WA 98383 (360) 692-4033 FAX: (3601 692-8669 o Poulsbo 1040 NE Hostmark St. Suite 100 Poulsbo, WA 98370 1360)779.7172 FAX (3601 719-1004 LAND TITLE COMPANY May 21, 2000 r --, :r. IL '1'1 CITY OF BRBMBRTON/CITY ATTORNEY 4TH STRBBT BRBMBRTON MAY 2 5 ~~n~ Enclosed please find your final policy of title insurance in regards to the following transaction: Seller Name: Buyer Name: Our File No. : MCCORMICK WOODS CITY OF BRBMBRTON E-1337SS Property Address: VACANT LAND Please call us if you have any questions regarding this policy. For your convenience please use our "800" number. (800) 950-4321. Thank you for allowing Land Title Company to serve you. We appreciate your business! Sincerely, L~Ji~;e Silverdale Company of Kitsap County Title Office KEEP THIS POLICY IN A SAFE PLACE For fast service on future sales or loans on this property present this letter to your realtor or lender. Thank you, Land Title .~ , .' ~ " -.; ; j *', ~ ill, ~ ~ ~ II ~ (jq Ii !ffi lI'i! ,,;I 1 I '~ ~ ~ ~ :l ); 0'1. ~I ); , , , ;1 II, . , < ~ ~ ~ ; ~ ~' ~ b~.__.~,,~_-_.~..~..~..~..~.~~~&l ALTA Owner's Policy (10-17-92) AMERICAN LAND TITLE ASSOCIATION OWNER'S POUCY (/0.17-92) 48 0025 106 00011254 CHICAGO INSURANCE COMPANY TITLE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, CHICAGO TITLE INSURANCE COMPANY, a Missouri corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: I" Title to the est1lte or interest described in Schedule A being vested other than as stated therein; 2" Any defect in or lien or encumbrance on the title; 3" Unmarket1lbility of the title; 4" Lack of a right of access to and from the land" The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. In Witness Whereof, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as of Date of Policy shown in Schedule A, the policy to become valid when countersigned by an anthorized signatory" ~ . ~ CHICAGO TITLE INSURANCE COMPANY By: lssned by: LAND TITLE COMPANY OF KITSAP COUNTY, INC. 9657 LEVIN ROAD N"W" SUITE 100 P"O" BOX 2737 SILVERDALE, WA 98383 (360) 692-2233 9 By: ~ !l-:_ LAND TITLE COMPANY OF KIT SAP COUNTY ALTA ONNBR'S POLICY EXTENDED SCHEDULE A Office File No.: E-133755 Policy Number: 48 0025 106 00011254 Date of Policy: May 5, 2000 at 12:37 p.m. Amount of Insurance: $300,000.00 Premium: $585.00 1. Name of Xnsured: CITY OF BREMERTON, a municipal corporation 2. The estate or interest in the land which is covered by this policy is: A FEE 3. Title to the estate or interest in the land is vested in: CITY OF BREMERTON, a municipal corporation 4. The land referred to in this policy is described as follows: SEE LEGAL DBSCRIPTION ATTACHED ON "EXHIBIT A" AND BY REFERENCE MADE A PART HEREOF SCHEDULE A ALTA Owner's Policy 10-17-92 EXHIBIT 'A' Office File No.: E-133755 DESCRIPTION, THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 23 NORTH, RANGE 1 WEST, W.M., IN KITSAP COUNTY, WASHINGTON, LYING NORTHERLY OF STATE HIGHWAY NO. 14; EXCEPT THAT PORTION CONVEYED UNDER AUDITOR'S FILE NOS. 403622 AND 447983. SCHEDULE B File No.. E-133755 Policy No.: 48 0025 106 00011254 EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: GENERAL EXCBPTIONS. A. Taxes or special assessments which are not yet payable or which are not shown as existing liens by the public records. B. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity or garbage collection and disposal. C. Reservations and exceptions in the United States Patents or in Acts authorizing the issuance thereof; Indian tribal codes or regulations; Indian treaty or aboriginal rights, including easements or equitable servitudes. D. Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. E. Water rights, claims or title to water. FOR SPECIAL EXCEPTIONS, SEE ATTACHED Office File No.: E-133755 Policy No.: 48 0025 106 00011254 ALTA EXTENDED OWNERS POLICY SCHEDULE B - cont'd SPECIAL EXCEPTIONS: 1. 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. Cause No: 40135 Records of: Kitsap County, Washington 2. Easement, including instrument; Recorded: Recording No: For: Affects: its terms, covenants and provisions as disclosed by June 23, 1949 492538 road portion of said premises 3. Encroachment of Sanitary Building appurtenant to property adjoining on the North line approximately 5.6 feet onto said land as disclosed by Survey dated March 10, 2000 made by Map LTD under Job No. 5025 recorded under Auditor's File No. 3242142. 4. Right, title and interest of parties in possession of Sanitary Building encroaching on the North line as shown in Survey recorded March 10, 2000 under Auditor's File No. 3242142. SC/jt END SCHEDULE B 1~,~~ #<- ~I AUT~ZolJ ::)Hir.i OWNER'S POLICY ENDORSEMENTS: NONE ;.. , I i,":,;': j',~ '. ,'.,' . ,{".~~~~':~) "-' . ~' " .... ..- \ I \ \ 00\ , ;:,,:';~:t,2l~t"'\,':-it'.: ",' "" ,,>~.: ,'" ~.~:~~r\'~';::)>:'~---' .".~~;;.~_.:,/il~';-' :_,. , .,'3;? i:~';\'" ::' ;)__,.....~.i\~~',)~~.\ .,.;~~r0'. 1 . o .. 005 ." ~". . c" ) j ~lf If) l/~'11)nq your 1:10d w\lh " 0>.'" ,,'r po' co.l, Wh.'" ,\ ", be. ,.vPd I ""'",;,,,(:~:, ::'"" ",\ y,sun'ps 1'0 \dbMy lor an'y :;;> J c' \ \ ' U' )l p thefflon lJ\ND 11 LE COMPANY _ _ ._.J ~,~: , > , ) \ 009 ~.. 2 I' _.......- " I \ \ \ \ 0: -' r @ LAND TITLE ESCROW 9657 LEVIN ROAD N.W., SUITE 110 SILVERDALE, WA 98383 FINAL BUYERS SETTLEMENT STATEMENT Buyer: CITY OF BREMERTON Seller: MCCORMICK LAND COMPANY, INC. Property Address: VACANT LAND Order Number: 133755 Escrow Number: S-13034-CA Settlement Agent: Cathie Ames Purchase Price.................................. Title Insurance to LAND TITLE COMPANy........ ... Escrow Fee to LAND TITLE COMPANy............. ... Sales Tax Escrow Fee to LAND TITLE COMPANY Sales Tax Owners Policy Fee to LAND TITLE COMPANY Recording of Deed............................... Deposit to Escrow Sub-totals Balance due from Buyer Totals GjjJQ~ Ca hie Ames ~ Settlement Agent LPO # 1031 .) -S---aJ Date ... to:. 9, Settlement Date: 05/05/00 LPO Number: 1031 Expenses 300,000.00 195.00 375.00 30.75 15.99 10.00 300,626.74 300,626.74 Credits 300,626.74 300,626.74 0.00 300,626.74 LAND TITLE ESCROW 9657 LEVIN ROAD N.W., SUITE 110 SILVERDALE, WA 98383 BUYERS ESTIMATED SETTLEMENT STATEMENT Buyer: CITY OF BREMERTON Seller: MCCORMICK LAND COMPANY, INC. Property Address: VACANT LAND Order Number: Settlement Agent: 133755 Escrow Number: Cathie Ames S-13034 -CA Settlement Date: 05/03/00 LPO Number: 1031 Expenses Credits Purchase Price.................................. 300,000.00 Title Insurance to LAND TITLE COMPANY.. .... ..... Escrow Fee to LAND TITLE COMPANY.. ..... ......... Sales Tax Escrow Pee to LAND TITLE COMPANY Sales Tax Owners Policy Fee to LAND TITLE COMPANY Recording of Deed............................... 195.00 375.00 30.75 15.99 10.00 Sub-totals 300,626.74 0.00 Balance due from Buyer 300,626.74 Estimated Totals 300,626.74 300,626.74 I/We hereby acknowledge receipt of this statement. CITY OF BREMERTON _ /L '= ~y1' %- ; Horton, Mayor Commercial CLOSING AGREEMENT AND ESCROW INSTRUCTIONS For Purchase and Sale Transaction Including Instructions to Record Documents and Disburse Funds ESCROW NO": S-13034-CA PRELIMINARY TITLE COMMITMENT NO.: E-133755 TO: LAND TITLE ESCROW 9657 LEVIN ROAD N.W., SUITE 110 P.O. BOX 2737 SILVERDALE, WA 98383 The undersigned buyer and seller (referred to herein as "the parties") hereby designate and appoint LAND TITLE COMPANY OF KlTSAP COUNTY (referred to herein as "the settlement agent") to act as their settlement agent and escrow agent according to the following agreements and instructions. IT IS AGREED, AND THE SE'ITLEMENT AGENT IS INSTRUCTED, AS FOLLOWS: "TERMS OF SALE" The terms and conditions of the transaction which is the subject of these instructions (referred to herein as "the transaction") are set forth in the parties' Purchase and Sale Agreement, Earnest Money Agreement, or other written agreement, and any attachments, amendments or addenda to that agreement (referred to herein as "the parties" agreement), which is made a part of these instructions by this reference. Any changes to the parties' agreement will be made a part of !hese instructions, without further reference, when signed by the parties and delivered to !he settlement agent. These instructions are not intended to amend, modify or supersede !he terms and conditions of !he parties' agreement and If !here Is any conflict or inconsistence between !hese instructions and the parties' agreement, the terms and conditions of !he parties' agreement shall control. Escrow is to be concerned only wi!h !he provisions specifically set forth In !hese Instructions and identified by the Buyer and Seller as conditions to !he closing of !his escrow" All terms and provisions of !he above agreement have been met to !he satisfaction of all parties herein or will complied with. ontside of this escrow" "CLOSING DATE" The date on which the documents required to close the transaction are filed for record (referred to herein as "the closing date") shall be on or before !he date for closing of !he transaction specified in !he parties' agreement or in an addendum extending that date. "DOCUMENTS" The settlement agent is instructed to select, prepare, complete, correct, receive, hold, record and deliver documents as necessary to close !he transaction. The settlement agent may request !hat certain documents be prepared or obtained by the parties or their attorneys, In which case the parties shall deliver the requested documents to !he settlement agent before the closing date" Execution of any document will be considered approval of its fonn and contents by each party signing such document. "INSTRUCTIONS FROM THIRD PARTIES" If any written Instructions necessary to close the transaction according to tbe parties' agreement are given to !he settlement agent by anyone o!her than !he parties or !heir attorneys, including but not limited to lenders, snch instructions are accepted and agreed to by the parties. " "DISCLOSURE OF INFORMATION TO THIRD PARTIES" The settlement agent is authorized to furnish upon request, copies of any closing documents, agreements or instructions concemingthe transaction to the parties' attorneys, and to any real estate agent or lender involved in !he transaction. Other papers or documents containing personal or financial information concerning any party may not be released to anyone other !han the parties' attorney or lender, without prior written approval. "POTENTIAL LEGAL PROBLEMS" !fthe settlemeqtagent becomes aware of any facts, circumstances or potential problems which in tbe settlement agent's opinion should be reviewed by any of the parties attorneys, !he settlement agent is authorized,ln its sole discretion, to advise the parties of such facts, circumstances or potential problems and recommend that legal counsel be sought. "DISBURSEMENT OF FUNDS" THE UNDERSIGNED PARTIES HEREIN acknowledge notice !hat pursuant to RCW 18"44"070 as amended and effective June 7, 1990, escrow will NOT disburse ftmds collected into !he escrow depository bank the same day as deposited, unless ftmds are received by wire transfer or cash, or In a fonn that permits conversion of the deposit to cash on the same day the deposit it made" "SETTLEMENT AGENT'S FEES AND EXPENSES" The settIementagent's fee is intended as compensation for the closing and settlement services set forth In these instructions. !f additional services are required to comply with any change or addition to the parties' agreement or these instructions, or as a result of any parties' assignment of interest or delay In performance, the parties agree 10 pay a reasonable additional fee for such services. The parties shall also reimburse the settlement agent for any out-<lfl'ocket costs and expenses incurred by it uuder these instructions, The settlement agents fees, costs and expenses shall be due and payable on the closing date or other tennination of the settlement agent's duties and responsibilities under these instructions, and shall be paid one-half by the buyer and one-half by the seller unless otherwise provided in !he parties' agreement. "CANCELLATION" These Instructions may be cancelled by written agreement, signed by all of !he parties, and payment of the settlement agent's fees, costs and expenses. Upon receipt of such agreement and payment, the settlement agent shall return any money or documents then held as it Is instructed, and shall have no further duties or responsibilities under these instructions" "NOTICES" Any notice, declaration or request made under !hese Instructions shall be in writing, signed by the party giving such notice or making such declaration or request, and personally delivered or mailed to the settlement agent and other parties at their addresses set forth in these instructions. Escrow Instructions Page 2 Escrow No": S-13034-CA "AMENDMENTS" Any amendment, addition or supplement to these instructions must be in writing, signed by the appropriate parties and delivered to the settlement agent. "EFFECT" These inslIUctions shall bind and benefit the parties, the settlement agent and any successors in interest. "CONDITIONS OF PARTIES AGREEMENT SATISFIED" All terms and conditions of the parties' agreement have been met to my satisfaction, or will be met, satisfied or complied with outside of this escrow. "SETTLEMENT STATEMENT APPROVED" The settlement statement prepared by the settlement agent is approved by me, made a part of these instructions by this reference, and I agree to pay my costs, expenses and other obligations itemized on that statement. I understand that any estimated amounts will be adjusted to reflect the exact amounts required when the funds are disbursed, that the settlement statement continues to be subject to audit at any time and if any monelaIy error is found, the amount will be paid by the party liable for such payment to the party entitled to receive it. "DISPUTE" Should any dispute arise between parties interested in property or funds covered by these inslIUctions, you shall have the option to hold all matters pending in their then existing status or to join in or commence a court action, deposit the money and documents referred to herein into the Registry of the Court or upon holding this escrow open for determination of the rights of parties, you will be relieved of all responsibility. It is further agreed that in the event of any suit or claim made against you by either of or both parties to this agreement, that said parties shall be required to pay an expenses, costs and reasonable attorney's fees in connection therewith, or as otherwise adjudicated by the court. "AUDIT" It is understood and agreed that Land Title Company's settlement statement is subject to audit and should there be any errors or omissions, they are to be corrected and if any monetary eITOr is discovered, it is to be assessed and immediately collected from, or refunded to, the party or parties liable therefore" 'COUNTERPARTS' These instructions may be executed in one or more counterparts with like effect as if all signatures appeared on one copy" "MATTERS TO BE COMPLETED BY THE BUYER AND SELLER* *IMPORTANT - READ CAREFULLY* "THE FOLLOWING ITEMS MUST BE COMPLETED BY mE PARTIES, OUTSIDE OF ESCROW, AND ARE NOT PART OF THE SETTLEMENT AGENT'S DUTIES UNDER THESE INSTRUCTIONS." "INSPECTION AND APPROVAL OF mE PROPERTY" Any required inspections or approvals of the property or of improvements, additions or repaIrS to the property have been arranged and completed by the parties outside of escrow. The settlement agent shan have no liability with respect to tlle physical condition of the property, or any buildings, improvements, plumbing, heating, cooling, electrical, septic or other systems on the property, and no responsibility to inspect the property, or to othenvise determine its physical condition, or to detennine whether any required improvements, additions or repairs have been satisfactorily completed. "POSSESSION OF THE PROPERTY" The transfer of possession of the property shall be arranged directly between the parties outside of escrow and shall not be the responsibility of the settlement agent. "INDIVIDUAL TAXES" The parties are advised to consult with their attorneys to detennine whether they must report income, deduct expenses or losses, or withhold or pay any income or business t8J(es as a result of the transaction" The settlement agent shall have no responsibility for the parties individual tax consequences arising from this transaction" " "COMPLIANCE wlm CERTAIN LAWS" The parties are advised to consult with their attorneys to determine their responsibilities, if any, under the Consumer Protection Act, Truth-in-Lending Act, Interstate Land Sales Act, or other similar iaws. The settlement agent shall have no responsibility for the parties compliance, nor any liability arising from the failure of any party to comply with such law" "UTILITIES" The parties advise settlement agent that the proration and payment of all utilities, if any, including but not limited to, water, sewer, gaIbage collection, electricity, gas and oil, will be handled between the parties outside of escrow. SeUlement agent shall not be responsible for detenninlng whether any utility charges are due or may become due or for payment of any such charges. By signing these instructions, the undersigned hereby assumes full responsibility for proration and payment, if any, of utilities as described above and as may be contained in said Agreement between parties" "THE SELLER BAS APPROVED, SIGNED AND DEPOSITED THE FOLLOWING WITH THE SETILEMENT AGENT UNDER THESE INSTRUCTIONS: -Real Estate Purchase and Sale Agreement -Statutory Warranty Deed -Real Estate Excise Tax Affidavit which you are instructed to deliver, release and/or record when you have for the account of the Seller the sales price of $ 300,000.00 subject to any charges and/or credits authorized herein and documents executed by the purchaser. Escrow Instructions Page 4 Escrow No": S-13034-CA TIlE FOLLOWING DOCUMENTS HAVE BEEN SELECTED/COMPLETED BY TIlE LPO NOTED HEREIN: -Statutory Warranty Deed (LPBIO) -Real Estate Excise Tax Affidavit "ADDITIONAL INSTRUCTIONS ARE HEREBY ATIACHED** ALL PARTIES TO TIfIS ESCROW ACKNOWLEDGE TIfAT LAND TITLE COMPANY DOES NOT PROVIDE LEGAL ADVICE NOR HAS IT MADE ANY INVESTIGATION, REPRESENTATIONS OR ASSURANCES WHATSOEVER REGARDING TIlE COMPLIANCE OF THE TRANSACTION WITH ANY TAX, SECURITIES OR OTHER LAWS OF TIlE UNITED STATES OR STATE IN WHICH TIfIS TRANSACTION IS CONSUMMATED. THE SETILEMENT AGENT HAS CLEARLY REQUESTED TIfAT I SEEK INDEPENDENT COUNSEL IF I HAVE ANY DOUBT CONCERNING THE TRANSACfION OR THESE INSTRUcrrONS" I HAVE HAD ADEQUATE TIME AND OPPORTUNITY TO READ AND UNDERSTAND THESE INSTRUCfIONS AND ALL OTIfER DOCUMENTS REFERRED TO IN THESE INSTRUCfIONS. BUYER SELLER CITY OF BREMERTON, A MUNICIPAL CORP MCCORMICK LAND COMPANY, INC. ~(~t~: ~cL Mayor By: Doug Skrobut, Vice President -, Escrow Instructions Page 3 Escrow No": S-13034-CA 'THE BUYER HAS APPROVED. SIGNED AND DEPOSITED THE FOLLOWING WITH THE SETTLEMENT AGENT UNDER THESE INSTRUCTIONS: -Real Estate Purchase and Sale Agreement -Statutory Warranty Deed (read and approved) -Real Estate Excise Tax Affidavit -Net proceeds due per Escrow Settlement Statement "THE SETTLEMENT AGENT IS INSTRUCTED TO PROCEED AS FOLLOWS: 'Instroctiod to Close' The settlement agent is instructed to perfonn its customary closing duties under these instructions, to deliver and record documents according to these instructions, and to disburse the funds according to the settlement st1ltement, adjusting estimated amounts, when the settlement agent has the documents required to close the transaction and the necessary funds in its possession" 'Proceeds' Sale proceeds for the seller's account to be disbursed according to the settlement statement, and when you are able to close according to the terms and conditions set forth in the above said Agreement and Addendums attached thereto and in compliance with these instructions, and issue your policy (or policies) of title insurance in the amount (or amounts) as follows: containing insurance clauses, exceptions, exclusions, provisions and stipulations as contained in commitment issued under number E -13 3 7 5 5 , which parties herein have read and approved, and a" Conditions, restrictions or reservations as may be contained in the plat or Federal or State patents" b" Matters attaching by, through or under the Grantee" c" Special exceptions '1..-3, 12, 13 shown under the above referenced commitment number" 'Completion or Correction of Documents' The settlement agent is instructed to correct any errors found in any document deposited under these instructions, and to insert as necessary the closing date, the date on which interest begins to accrue, and the dates on which payments must be made, if such times are incomplete" 'Pro-Rations' Adjustments or pro-rations of real estate taxes, and other charges, if any, shall be made on a per-diem basis using a 365 day year, unless the settlement agent is otherwise instructed. You are instructed to pro-rate as of May 3, 2000 the following: -Real Estate Property Taxes 'NOTICE TO PARTIES' The service of the settlement agent under these instructions will be perfonned by a person certified as a Limited Practice Officer under the Admission to Practice Rule 12 and 12"1, adopted by the Washington State Supreme Court" Under that rule, Limited Practice Officers may only select, prepare and complete certain documents on fonns which have been approved for their use" You are further advised that: THE LIMITED PRACTICE OFFICER IS NOT ACTING AS THE ADVOCATE OR REPRESENTATIVE OF EITHER (OR ANY) OF THE PARTIES" THE DOCUMENTS PREPARED BY THE LIMITED PRACTICE OFFICER WILL AFFECT THE LEGAL RIGHTS OF THE PARTIES" THE PARTIES INTERESTS IN THE DOCUMENTS MAY DIFFER" THE PARTIES HA VB A RIGHT TO BE REPRESENTED BY LAWYERS OF THEIR OWN SELECTION" THE LIMITED PRACTICE OFFICER CANNOT GIVE LEGAL ADVICE AS TO THE MANNER IN WHICH THE DOCUMENTS AFFECT THE PARTIES" The Limited Practice Officerfor this transaction is: G\~ Cathie Ames .-r LPO# 1031 Escrow Instructions Page 4 Escrow No": S-13034-CA THE FOLLOWING DOCUMENTS HAVE BEEN SELECTED/COMPLETED BY THE LPO NOTED HEREIN: -Statutory Warranty Deed (LPBIO) -Real Estate Excise Tax Affidavit ""ADDITIONAL INSTRUCTIONS ARE HEREBY A'ITACHED" ALL PARTIES TO TIlIS ESCROW ACKNOWLEDGE TIlAT LAND TITLE COMPANY DOES NOT PROVIDE LEGAL ADVICE NOR HAS IT MADE ANY INVESTIGATION, REPRESENTATIONS OR ASSURANCES WHATSOEVER REGARDING THE COMPLIANCE OF THE TRANSACTION WITH ANY TAX, SECURITIES OR OTHER LAWS OF THE UNITED STATES OR STATE IN WHICH THIS TRANSACTION IS CONSUMMATED" THE SETTLEMENT AGENT HAS CLEARLY REQUESTED TIlA T I SEEK INDEPENDENT COUNSEL IF I HAVE ANY DOUBT CONCERNING THE TRANSACTION OR THESE INSTRUCTIONS" I HAVE HAD ADEQUATE TIME AND OPPOR11JNITY TO READ AND UNDERSTAND THESE INSTRUCTIONS AND ALL OTHER DOCUMENTS REFERRED TO IN THESE INSTRUCTIONS. BUYER SELLER CITY OF BREMERTON, A MUNICIPAL CORP L~n~~t~;1. MCCORMICK LAND COMPANY, INC. By: By: Doug Skrobut,Secretary/Treas. ~ I...j REAL ESTATE EXCISE TAX AFFlDA VIT CHAPTER82.4SIlCW-CHAPTEIl4SS-61 WAC FOR USE AT COUNTY 1'REASUIlEIl'S OFFICE (U.. Form No.I4-OOO1B for RoportIn, Tnwfen ofContlOUIn, In_ ofEndty Ownonhlp to lbe Deportment ofRoven..) THIS AfFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS 1-7 ARE I1ILLY COMPLtTI:II IE TYPE OR PRINT lE SEE REVERSE N8IIIe MCCORMICK LAND COMPANY, INC. Slrel 4978 SW LAKE FLORA ROAD "'OIlT Ollel-lAIlD, itA '18366 CltylSlllelZip ADDRESS TO SEND ALL PROPERlY TAX RELATED CORRESPONDENCE e 1 'State/Zip Thi. fonn is your receipt when .tamped by cssltier. N.... CITY OF BREMERTON ! Sn. €39 FOURTH STREET BREMERTaN, WA 98337 CltylSlllelZlp 0~~M~f.!m~~wt C ASSESSED VALUE IF TAX EXEMPT Kihap COUNlY OORINCIlYOF LEGAL DESCRIPTION OF PROPERTY SITUATED IN 0 UNINCORPORATED VACANT LAND Add,," (if properly i.lmproved): ,GAL DESCRIPTION ATTACHED HERETO AS EXHIBIT "A" (2) NOnCE OF COMPLIANCE (Chlptcr 84.26 RCW) Ie new owncr(.) of property with .pecial valuation as historic property " to conlinue tltis .pecial valuatioo tlte new ownct(.1 musl silpl below, Ie new owncr(.) do nol deaire to continue ....h .peClal valuatIon, all ilional tax calculated pwsuanl to Chapler ~.26 RCW, Ihall be due Signature of ~ ~ payable by tlte seller or nnlferor at the lime of sale. Gr.atee/Aleat ~ ~o-c..... (3) OWNER(S) SIGNATURE N' ell :S TRANSACTION IS EXEMPT FROM COMPENSATING ame (pnnl) " ( :ES. GRANrWS WILL NOT CONTINUE FOREST LAND Dato&;P....ofSigning: qr.,.,.\.;iL"..J'I~ /1~ ~ ~.JOHN~OP , ury: ctj I e:lt tel~ nmenl in tit. sta\e correctlonal illllitution for I maximum term of nol more alive y.ar., or by e fine in an amount fIXed by the court of not more than five thousand do(1ars ($5,000.00), or by both imprisonmenl and (RCW 9A.20.020 (IC)). " II Ihil property.urr.nlly: Clllsilied or desiJll1lled al foreslllnd? Chlpter 84.33 RCW CI...ifled II current use land (open lpace, farm 0 and alll'icultwal, or limber)? Chapter 84.34 RCW Exempt from property tax as I nonprolit orpoizati...? Chapter 84.36 RCW Seller'l ExemptllllJl. No. _ _ ___ - _ __' Receiving lpecial valuation as historic 0 ~ properly? ChI...,r 84.26 RCW erty Type: g1l11d only 0 land with new buildi"l ] IlIId with previously used building 0 lllld with mobile home J limber only 0 buildl"l Ollly :Ipal Ule: 0 Apl (4+ w1i1) r::J.Jlllidenliel ] timber 0 Isricullurol ISlJ" commcrcial/induscrial ] oth.r (I) NOTICE OF CONTINUANCE (RCW 84.33 OR RCW 84.34) IC new Owncr(l) oflond thar is cl...iflld or desiplllled U CumRt ... ,",It lend wish 10 conllnuo the classificallon or deoisnation of luch ~ th. newowna(.) mUll si... below.lfth. new oWllen.) do not deaire .nlinuo .uch classilicllion or desI....tion, iii compensating or itional tax calculated purllWlt to RCW 84.33.120 and 140 or RCW 14.108 lhall be due and plyabl. by the .....r or tr8blfcror al the time sI.. Th. county asse...r must determine if the land lranIferred lilies 10 continue clasailiClllion or designation and musl.o indlcete ,w" Siflllatures do IIOllICCeasarily m.an th.land will remain in litication or desipation. If il no lonser qualities, il will be removed the compemaling tax.. will be applied. All n.w owner. must lip. ~ NO o o 'if ~ . land 0 does 0 does not qualify for conlinlWlce. , DEPUTY ASSESSOR DelCrlr.tion of penonal property includ.d in grolll.lling price, bolh laltgib e (.g; furniture, equipm.nt, ctc.) or inllnglbl. (.1; loodwl/l, apeement nollo comp.I.. elc.) If ex.mption claimed, 1111 W '\'5B!!?}~!!4\!i nt!fnation. WAC No. (Sec/Sub) Gnva..n.ant T.."n~fp.. Expllnltion unde.. threat of Eainent Doaain ot.tO:lhl 7 II.. I ."ty BEell Type of Documenl D.te of Documonl 03/22/00 GrOll S.lIing Pric. S P...onll Propeny (d.ducI) S Tlxable S.lling Pric. $ Excil. fix: Slit. $ Local S Delinqu.ntlnteresl: Slit. S Locll S D.linquenl Penalty $ TOIII Du. $ 300,000.00 .5lDlO,lOlOltI.101O -0- A MINIMUM OF $2.00 IS DUE AS A PROCESSING FEE AND TAX. I AFFIDAVIT I Certify Under P....lty of Perjury Under The Laws of Th. Stille of Washilllllon Thatlbe For.loingls Tru. And COlTeCl (S.. back of this fonn). Si....l...e of Grealor/Apat Nam.(print) Dal. and Piece of Sisning: FOR TREASURER'S USE ONLY 84 00018 (3-1 8-99)(PD 10-1-99) COUNTY TREASURER AGENDA BILL BREMERTON CITY COUNCIL l. SUBJECT: Purchase & Sale Agreement Between McCormick Land Co., and the City ofBremerton 2. CLEARANCES: (CommeDt 011 back if Director PW&U It City Attorney City Treasurer Purchasing Manager Operations Committee Fiscal & Budget Comm. ENDORSEMENT ~ INFORMATION MA YOR-ryl'-.- v ,tL L FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: 3. EXHIBITS: · (I) Purchase & Sale Agreement . (2) Map of Property March 8, 2000 . . ~ Public Works & Utilities 'l--?:A '-~. B. McKinney,Forestry Manager February 22, 2000 . . APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: COUNCIL PRESIDENT &~ c:2/~~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The purpose of this Agenda Bill is to obtain city Cooocil authorization for the Water Utility to purchase 11.8 acres of property adjacent to the Rodeo Drive-In Theater, currently owned by the McConnick Land Co., Inc. A portion of this property has been encroached upon by the City's Gold MOootain Golf Course for over 30 years. Negotiations with McConnick Land Co., Inc. have resulted in an agreed upon purchase price of $300,000.00 for the property in question. The property is contiguous to the City's Water Utility Property. It is recommended that Cooocil approve the purchase of this property by the Water Utility in the amooot of$3oo,000. 8. RECOMMENDATION: That the City Cooocil approve the purchase by the Water Utility Food (401) of 11.8 acres of property identified in exlubits (1) and (2) in the amooot of$3oo,000.00 and authorize the Mayor to execute the Purchase & Sale Agreement as written. 9. RESPONSIBLE OFFICIAL: Director, Public Works & Utilities ENFORCEMENT OFFICIAL: Forestry Manager EXPIRATION DATE: NA REVIEW DATE: NA PULLED TABLED 10. NOTICE OF ACTION APPROVED / DISAPPROVED AMENDED COUNCIL DIRECTIVE: ~1S ~~ AfC/fi:j ~o.E(f4 DATE: *p,BoO -0 "S 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The City will continue to encroach upon McCormick Land Co., property and poSSIbly lead to civil action with additional costs to the City. 6. IMPACT ON STAFFING. BUDGETS. FACILITIES. EQUIPMENT OR OTHER RESOURCES: This bas been included in the 2000 budget. 7. RESEARCH SOURCES: [1970122Jab} CITY OF BREMERTON PURCHASE ORDER & CLAIM BILL AND SHIP To: THoI_ _ Cnv u.. ONI,v. OROERING DePARTMENT: Check Here W This Is FInal payment PURCHASE ORDER NUMBER CITY OF BREMERTON LEGAL DEPARTMENT 239 FOURTH STREET BREMERTON, WA 98337 E20~065 :NDOA 3313 LAND TITLE COMPANY 9657 LEVIN ROAD NW PO BOX 2737 SILVERDALE WA 98383 ,~ "', u PURCHASING DMSION 239 FouRTH STREET BREMERTON, WA 98337-1806 (360) 478-5293 FAX (360) 478-5200 \TE OF OROER ,..:-\ REQUISITlON lu.r' CXIN1'ACT!WE: PHONE NUMBER PAGE 05/01/00 1 l, \NllfY J' 11. 1...,' , 10- '.\, ~ 11 fi \. I Ut~lT PRICE- ~'MOUNT 300626.7400 300,626.74 PURCHASE OF PROPERTY FROM MCCORMICK LAND COMPANY - GOLF COURSE ENCROACHMENT TOTAL PURCHASE ORDER 300,626.74 'HARGE 94.3434-56110 TOTAL PURCHASE PROJECT R0205900-56110 ORDER AMOUNT 300,626.74 300,626.74 / IrU"'l1ij~IH[~ r."n- ,~ : t ~ ~~ a ~ "", ~,,~ ~" ~ H J lolIn~.:...."lI;} ,li ,~~~ MAY - 1 2000 ACCOUNTS PAYABLE CONDITIONS OF PURCHASE ON REVERSE lIOAenv~I'IlMIV_IWit"'I"" CERTlFICATlON: The und8IIigned ~ under peI\IIIIy a11*1uri that the rnlMrIaIs hew been MilIehed, lie _ I8lIdeied or I8txir performed .. herein deNIlbed .xl lhal lie claim Ie Iual. _ .xl 11I1 --m mY " """"'"'" ... ... h :ncI' Is III --= and certlly 111 said claim. x ORDERED FOR THE C'TY OF BREMERTON BY ~^)~~I~UNL~E~ x CITY '8 AN EQUAL OPPORTUNITY EMPLOYER ;ITY OF BREMERTON I GENERAL ACCOUNT CHECK NO. 241033 ACClllIIf P.O. INVOICE S.13034.CA AMOUNT DESCRIPTION 300.626.74 LAIIl MCHASE 3313 l.A/() TITLE ClIlPANY CITY OF BREMERTON I GENERAL ACCOUNT 241033 - ITLE FFICE I SlIverdale 167 Levin Road N.W. lite 100 O. Box 2737 verd.... Wa 98383 80) 682-2233 IX: (360' 692.2244 SCROW FFI CES ] Port Orcherd 140 Bethel Avenue rite 202 O. Box 1489 lit Orch.rd. WA 98366 601 876-0460 'X: (3601 876-0574 ) Sllverdale :157 levln Road N.W. .Itte 110 O. Box 2737 lYerdale. WA 98383 160) 692-4033 I\X: (360) 692.8669 ) Poullbo :)4() NE Hostmllrk St. l.Iit.100 :tul.bo. WA 98370 160) 779-7172 A.X (380t 179-1004 LAND TITLE COMPANY May 1, 2000 City of Bremerton Attention: Glenna Malanca/Nina Neimoyer VIA Messenger Re: S-13034-CA Dear Glenna/Nina, In connection with closing of the above referenced transaction, please find the following documents: -Escrow Settlement Statement; sign a bottom. -Closing Agreement and Escrow Instructions. -Statutory Warranty Deed; sign for approval of form and content and inital attachments. -Real Estate Excise Tax Affidavit; complete section 7. I have enclosed copies of documents, for your records. If enclosed you may elect to use a return airbill for prompt return of document. Wiring Instructions are provided for you to utilize when providing funds for closing. Please note the sum necessary is shown as the amount due on your Escrow Settlement Statement. Your immediate return of this package will expedite the closing process. Prior to returning this package, please double check your signatures for proper execution, before returning. Please feel free to contact me with any questions you may have. Sincerely, (Q~ Limited Practice Officer ene. ADDENDUM TO REAL ESTATE PURCHASE AND SALE AGREEMENT AND SECOND EXTENSION The parties to that certain Real Estate Pun:hase and Sale Agreement executed on the 13. day ofMan:h, 2000, bcreby agree to an amendment to Section 3.2 thereof. The City ofBkcmcrton has requested ALTA Owner's Extended Policy of Title Insunmce in lieu of the ALTA Owner's Standard Policy of Title Insurance. The City obligates to pay the diffenmce between the two policies. Additionally, the parties agree to extend the date of Closing of this transaction to the IS. day of May, 2000. The remainder of the Agreement is unaffected by this Amendment 8IId Extension. ,#^ McCORMICK LAND CO., Inc. ~~~c- By: Doug Shobut By: Glenna Malp......a TItle: Vice-President Title: City Attorney F - :.-0 -"- OFFICE OF CITY ATIORNEY 2394th Street. Bremerton, Washington 98337' (360) 478-5345' FAX (360) 478-5161 . E-mail: lega1@cLhremerton"wa.us March 22, 2000 Doug Skrobut McCormick Land Company 4978 SW Lk. Flora Road Port Orchard, Washington 98367 Re: McCormick Land Co. to City ofBremerton Land Title Company No. E- 133755 Escrow No. S- 13034 - CA Dear Doug: In compliance with Paragraph 3.3 of the parties' Real Estate Purchase and Sale Agreement, the City hereby notifies McCormick Land Company of objection to the following exceptions from Schedule B-1 of Land Title Commitment No. E - 133755, as amended by Supplement No. I dated March 2 I, 2000. The Commitment was delivered to the City on March 20. The City objects to Special Exceptions Nos. 1, 4, 5, 7,8,9,10, 11,12,13, 15, 16, 17 and 18. We have discussed Exception No.1 regarding the Forest Land Designation and I understand that your attorneys are preparing a resolution. Exceptions 12 and 18 can he satisfied with verifications from the owners that they do not claim an interest in the subject property and that their structures are remaining on the property with the permission of McCormick Land Company and the City. A proposed Extension of Purchase and Sale Agreement is enclosed. Please obtain a signature and return directly to Cathie Ames at Land Title. ~;;2~';u~~ ~~~ City Attorney cc: Mayor Lynn S. Horton Gene Sampley, Director of Public Works and Utilities * Equal Opportunity Employer * EXTENSION OF REAL ESTATE PURCHASE AND SALE AGREEMENT IT IS HEREBY AGREED to, by and between the undersigned parties to that certain Real Estate Purchase and Sale Agreement("Agreement") entered into on the 13th day of March, 2000, that Paragraph 4 thereof is amended to provide for Closing and conveyance oftitle on or before the 28th day of April, 2000. The remainder of the Agreement is unaffected by this amendment. (~/4~ CI BREMERTON O,-d.~-OO BY: GlennaMalanca Its: City Attorney McCORMICK LAND CO., Inc. BY: Doug Skrobut Its: Vice President OFFICE OF CITY ATTORNEY 2394th Street. Bremerton. Washington 98337' (360) 478-5345' FAX (360) 478-5161' E-mail: legal@ci.hremerton"wa"us March 23, 2000 Cathie Ames Limited Practice Officer Via Facsimilie: (360) 692-8669 Re: S-13034 - CA McCormick Land Co. to City ofBremerton Dear Cathie: This letter is in response to your communication of March 21,2000. Enclosed is a letter to Doug Skrobut of McCormick Land Company, along with a proposed Extension of R.E. Purchase and Sale Agreement. As the letter indicates, McCormick is currently working with their attorneys on the Forest Lands Designation. The tact that the City has the power of condemnation may resolve this issue, but we will keep you informed. The letter also address the Chicken pen and Sanitary Building encroachments, Exceptions 12, 13 & 18. The City verifies that we request Extended Coverage, and will pay the difference between Extended Coverage and the Standard Coverage to he paid by McCormick. At this time, the City is not aware of any assignments to he executed by McCormick. Ole Malanca City Attorney * Equal Opportunity Employer * MAR. 21 . 00 (TUE) 18:13 LAND TlTLE ESCROW 360 692 8669 PAGE, 1/4 ITLE IfflCE I Sllnrd8l. 157 L.evln Road N.W. ... 100 o. Box 2737 __ W. 86383 80t 812-2233 IX: (3801 882.22~ SCROW .FFICES ] Port Otcherd 140 I;Iettt.I Awn.. .....202 .0_ Box 1489 tKt orctwd. WA 98386 IlIClI 878-04S0 lX: C3C!IOJ 87&0674 ] snverdela 557 Urnn Road N.W. .'10 ,0. Box 2731 Iverd.". WA 18383 1110) 882-4033 ,X: (360) 692.8669 ] PouIlbo )40 NE HcmmBrk 51 ,tt.100 '....0. WA 98370 801 771.7172 Ir.X '3eO) 779-\004 LAND TITLE COMPANY 21, 2000 CITY OF BRIlMBRTON Attention: Glenna Malanca/Nina Neimoyer VIA FACSIMILIB 478-5161 Re: S-13034-CA McCormick Land Company to City of 8remerton Dear Glenna and/or Nina, I am writing this correspondence to cloCUlllent my recent conversation with Nina and to outline items needed, prior to closing of the above referenced transaction: -An Extension to the Purchase and Sale A!Jreement. The Agreement states 30 days from execution of the Agreement but in no event later than February 29, 2000, -An Addenda or Instruction regarding how the Designated Forest Land Real Estate Tax Exemption will be handled. -Please address any Assignments you woulcl require. pursuant to 4.1(B) of the Agreement. -An Addenda or statement which indicates' that you request Extended Coverage Title Insurance and will bear the additional coat of same, over and above the Standard Coverage, which will be paid by Seller. -I am working with the Seller to obtain a Statement of Demand from U.S. Bank, in regard to their Security Documents referred to in the Preliminary Title Commitment. Also, please note the enclosed Title Supplement, which discloses an additional Encroachment in regard to the Chicken Pen. Please let me know how you would like this matter and items 12 and 13 addressed, as a matter of Title Coverage. I hope this will assist you in preparing for this closing transaction. Please feel free to contact me with any questions or concerns in regard to same. Sincerely, ~ Limited Practice Officer enc_ .. _ M ~ MCCORMICK LAND CO., INCORPORATED 4978 S.w. Lk. Aora Rd., Port Orchard, WA 98367 (360) 876-3395 . Fax (360) 876-3511 "RECEIVED CITY COUNCIL OFFICE" DATE ~/9/00 March 7, 2000 ~. Carol Arends, President Bremerton City Council C/o Glenna Malanca, City Attorney 239 4th Street Bremerton, W A 98337 VIA FAX 478-5161 RE: BremertonlMcCormick Transaction Dear Carol Arends: The purpose ofthis letter is to support the City ofBremerton's approval ofthe Purchase and Sale Agreement between the City of Bremerton and McCormick Land Company, for property on SR3. Execution of this Agreement will conclude a very long process of research, discussion, strategizing and negotiation. We believe this is a win/win for both the City and McCormick, are are pleased to have the process concluded. We are sorry to be unable to attend this evening's Council meeting, and hope that this letter will convey our support and appreciation. Yours truly, "L~ Linda Niebanck Cc: Mayor Lynn Horton Jan-l4-00 03:03P P.Ol 1~ MCCORMICK LAND CO., INCORPORATED , 4978SW lk. f1orcI.Fd.. PortOrdwd, WAS8367 (360)870-3395 . Fax (360)876-3511 January 14. 2000 Glenna Malanee. City Attomey City of Bremerton 2394th Street Bremerton, WA 98337 - ... _ 1 ... --- RE: McCormick Land Company to City of Bremerton VIA FACSIMILE 478-5161 Glenna; McCormick Land Company agrees to the Purchase and Sale Contract encloSed with your letter of January 10,2000. Regarding your question as to how long the property has been classified for tax purposes as forest land - my understanding is that the property has carried that classification since the mid 19608. Sincerely, Doug Skrobut "..... - ~ MCCORMICK LAND CO., INCORPORATED 4978 S.W. Lk. Aora Rd., Port Orchard, WA 98367 (360) 876-3395 . Fax (360) 876-35 t t November 11, 1999 Mayor Lynn Horton City of Bremerton 239 4th Street Bremerton, WA 98337 !r~;_!TJt~ 0 WE..; i' n i . !iJl NOV I 6/999 l ^1;; YOR'S OFFICE "--'.-'-- RE: Golf Mountain Golf Course Property Dear Mayor Horton: Thank you for the offer to bring this matter to closure. McCormick Land Company accepts the City's offer of $300,000 for the above referenced parcel of real property and timber. We understand that this offer is subject to City Council approval. McCormick requests that the Purchase and Sale Agreement contain a clause acknowledging that the purchase price is below market value, and that the difference between market value and the purchase price represents an income tax deductible gift to the City by McCormick. Additionally, McCormick requests that the Purchase and Sale Agreement contain a clause acknowledging that the property was sold under the threat of condemnation (I believe the condemnation process was actually begun on this parcel). If we can provide assistance to you in any manner please call. s~ Doug Skrobut c: Gene Sampley, Director PW&W Glenna Malanca, City Attorney ~ ~ @ m a 'Ifj & D1 UL' Nnv -- 8 1999 - 1 ...I LYNN S. HORTON, Mayor rlT' 0' QO''.ltR'nl/ lf~Al JEPARTMENT 239 4th Street. Bremerton, Washington 98337 . (360) 478-5266 . FAX (360) 478-5883 November 5,1999 Mr" Doug Skrobut Vice President of Finance and Real Estate McConnick Land Company 4878 SW Lake Flora Road Port Orchard, Washington 98367 FILE Re: Gold Mountain Golf Course Properties Dear Mr" Skrobut: The City has reviewed its position on the acquisition of the property referred to by you as the "Rodeo Parcel" in your December 16, 1998 letter to Glenna Malanca, City Attorney. At this time, the City has no interest in acquiring the "Sunnyslope Rei Parcel", also referred to in your letter. For pwposes of settlement only, the City is willing to consider purchase of the balance of the Rodeo Parcel contiguous to the property to which the City has attained ownership under adverse possession. The City offers $300,000 for the total parcel area of 11.8 acres. This price includes $83,000 for timber value and $217,000 for the real property and any taxes payable at closing. The City will pay standard closing costs for this transaction. This offer considers the City's legal position regarding the adverse possession of that portion of property on which the golf course lies as well as additional land in the vicinity of the golf course that could be included in the possession. This offer is the City's best and final offer and is subject to approval by the City Council. Subject to McConnick Land Company's acceptance of this offer, I am prepared to take this offer before the City Council and bring this matter to closure. I look forward to hearing from you" Very truly yours, ~ ~" Lynn S" Horton, Mayor C: Glenna MaIanca, City Attorney W" Eugene Sampley, Director PW&U * Equal Opportunity Employer * 100 0 ~--~ (I'0'~; 0 in 0' '" w :..."'L '-S" (J'1 .', ~-..:.-- '1- .-'-....... ~ Q -- 1'-[(1 "-i ~ G~AP~ I C SCALE I~O too " , I INCl-l " lOO FE.t.T 924-' M.LlNE W% 5EY,5WY, 5 850 /5' 41" E \, /10' '" 97379' '< ~m4 ~ s , S/ s '> .._,:_~~.. ~~~ "'"~""-- 585018.'47"E ROB 10/14"> s 765" CoIO' 52.' ZO" E Z57'5.D9' B 30 LEGEND Ql FOUND SECTION CORNER MONUMENT . FOUND 1, r P (LS, 4217) o SET '1"r.P ..ISTD, LS,PlU~ '" SET 'P~'" NAIL IN LUHINER IN PAVED PATH "'0 I F I 15~NIT~RY C) _______ '~5" I' <l " ~L])G. /' S l \ ,~ ,~. In -N ."~I~ ----- r-- ~ r-' (J-- <:oJ ./\ -;! ;; ,,<fl Cf'-::t ,uJ ( ~<fl cnJt r-:;: ?< <:Q '-" lr1 z o<l r-' '" c-J -' w lr1 <::J \ 1 ! <::J LEO~L DESCRIPTION t~B PROVIDED BY CLIENTl THE WEST THREE QUARTERS OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER, SECTION 1, TOWNSHIP 23 NORTH, RJ\NGE 1 WEST, W.M.. IN KITSAP COUNTY, WASH!NGTON, LYING NORTHERLY OF HIGHWAY; EXCEPT ANY PORTION LYING WITHIN THE FOLLOWING DESCR!BED TRACTS: TRACT (1) THE SOUTH 100 FEET OF THE SQU'l'HEA.ST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER. TRACT (2) THAT PORTION Of' THE SOUTHWEST QUARTER OF SECTION 1 AND THE NOR':l'HWEST QUARTER OF SECTION 12 I DESCRIBED AS fOLLOWS; BEGINNING AT A POINT ON THE NORTHWESTERLY LINE OF STATE HIGHWAY NO.14 AS IT EXISTED FRIOR TO DEED FILED 10/2/51 UNDER AUDITOR'S NO.668800 WHICH IS 390 FEET NORTHEAS~ERLY AS MEASURED ALONG SAID ROAD, FROM THE WEST LINE Of THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 12: THENCE NORTH 45' 07' WEST 960 FEET, THENCE NORTH 44' 53' EAST 323.2 FEET: THENCE SOUTH 45' 07' EAST 960 FEET TO SAID STATE HIGHWAY NO.14: THENCE SOUTHWESTERLY ALONG SAID STATE HIGHWAY NO.14, A DISTANCE OF 323.2 FEET TO THE POINT OF BEGINNHlGi TRACT (3) BEGIN AT THE QUARTER SECTION CORNER ON THE EAST LINE OF SAID SECTION 1: THENCE NORTH ALONG THE EAST LINE 755.2 FEET TO THE CENTER OF SATE HIGHWAY NO.14: THENCE SOUTH 44' 5J' 00" WEST ALONG THE CENTERLINE OF SAID }UGHWAY 4038.2 FEET; THENCE NORTH 4S' 07' 00" WESl' 50 FEET TO THE NORTHWESTERLY LINE OF ROAD AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 44' 53' 00" WEST 626.6 FEET, MORE OR LESS, TO THE SOUTH LINE OF S1I.ID SECTION 1; THENCE NORTH 45' 07' 00" WEST 960 FEET: THENCE NORTH 44' 53' 00" EAST 626.8 FEET TO 11. POINT WHICH THE TRUE POINT OF BEGINNING BEARS SOUTH 45' 07' 00" EAST; THENCE SOUTH 4S' 07' 00" EAST 960 FEET TO THE TRUE POINT OF BEGINNING. = L THIS SURVE'l MEETS MINIMUM REQUIREMENT STANDARDS PER WAC J32- 130-090. 2. FIELD PROCEQURES ACCOM?LISHEO RUNNING CONTROL TRAVERSES AND RADIAL CORNER STAKEOUT WITH ^ THREE SECOND THEODOLITE, E.D.M. AND CALIBRATED STEEL MEASURING TAPE. J. THIS SURVEY CONFORMS WITH sECTIO!l SUBDIVISION DATA AS SHOWN ON R.O.s. JO/n5. <:: REMA"-'{" (4111o/g7): . , IO-rA L jV\<-C. Pflfl.c..t=:L L.fHl.EA; I !~8 19t:.I2ES.) c<i ':I~ \ r~\~ : )~/ ;s" ~ ';, <(--J /. 0"/) /", ---------q 32/.88' ~L ~12 l'IPw/PlUG(.ED WIPJ mE - ~E. RO:; OO/~15 (NOV. 19%) / / \\\ TD-r,qL AflEA (K". b 1'=\c..i2.E.S.) TD-rI'\L AR.EA to.'7 ALI2E') CLE'/'IaED FA /11. WfI Y AI2EA (2.3 AUZES) \ \ SHAO" IH".'P.Er>1DVAL RReFl LO""3 !lcRE5) SURVEYOR'S CERTIFICATE: THIS HAP CORRECTLY REPRESENTS A SURVEY HADE BY ME OR UNDER MY DiRECTION IN CONFORKANCE WITH THE REQUIREMENTS OF THE SURVEY RECORDING ACT,AT THE REQUEST OF e\TI CiFBI?e:Yv~efL--ro"-li IN NOY, 1996. ~~~~~~~~~_~~~~~~~~~~~_~~~_~_S?_S?fl]~?_~__ FILEOFOR RECORD THISi:LoAY OF" Fss liT THE REQUEST OF HAP Ltd. 1997 i-ri-r-I' r-J+:= H~ctl KaJ:en F1Yfln COUNTY AUOITOR SURVEY PORT ION Df' 510'/4 5W'k SECTION 1, TDWM5HIP DN, ~ANGE I W, WM, 1<IT5AP C,OUNTY WAS\-\INGiON C.ITY DF BREME.RTDIJ FDRE.STRY D\\'lSION 3021 DLYMPUS JlQIVE, BREMERTON, WA.98310-4l99 PD.e.oll 'lfl.1\~~ U~/atl!tEl(IUlMlW,lj. :::=~:II:. :;t~~,:,;:~~: (,l!)f,; 681-!;5'~ F'l\r:/l!)f,J6~-1')!\~6 OJ < ~ !'O",,'Tl:IC, E~JNEER:ING '. '-WRYETINc. Fmri"J7 MAP LID c..',[cuL,\!lOD I Dt::!\Ic'.IJ , " 1S:1~"~1 "'. ICHECKEU 1L?:\1E_ _' locAl.1O 1;06 HO I',jjlOET