HomeMy WebLinkAbout200308270154Return Address: Cit~ C(crk BREMERTOil CITY OF DEEO ~1 ~ Kidnap Cc,,, NF~
Cit~ o£ Brcmcnon
239 Fourth Street
Breme~ton, WA 98337
KZTGRP COUNTY TRERGURER EXGZGE 0S/27/2003 .~
2883EX07671
To~&I : $2.ee Clerk's Znl~lal __~__ ......
AUDITO~RECORDER'S INDEXING FORM
Document Title(s): 1. Sta~to~ Wa~ Deed
Reference Number(s) of Documents assigned or released:
Grantor(s): 1. CiW of Breme~on
~ Additional n~es onpage ofdoc~ent.
Grantee(s}: 1. Kitsap Squ~e Dance Associa~on, Inco~orated
~ Additional names on page ofdoc~ent.
LeGal Description: Po~on of ~e ~ queer of ~e SW q~mer and ~e SW qua~er of ~e ~ queer of
(abbreviated) Section 32, T24N, R1E, W.M., si~ate ~ ~tsap Co,W, Was~ngton
~ Ad~tio~l legal is on E~ibit A of doc~ent.
~sessor's Prope~ Tax Parcel/Account Number: 322401-3-043-2002
4504-000-001-0002
4505-000-036-0000
STATUTORY WARRANTY DEED
(Corporate)
The CITY OF BREMERTON, ("Grantor"), a municipal corporation, for and in consideration
of mutual benefits derived and/or other valuable consideration receipt of which is hereby
acknowledged by Grantor, conveys and warrants to the Kitsap Square Dance Association,
Incorporated, a Washington nonprofit corporation ("Grantee"), the following described real property
situated in Kitsap County, State of Washington.
SEE EXHIBIT "A" ATTACHED
STATUTORY WARRANTY DEED (Corporate) - Page 1 of 3
Subject to covenants, conditions, restrictions, reservations of rights, and easements of
record, if any, affecting title, including those shown on any recorded plat or survey.
DATED this ~ (blA. dayof ~o~t.a Jr ,2003.
GRANTOR:
By: Cary Bo~z man
Its: Mayor
STATE OF WASHINGTON )
) SS.
COUNTY OF KITSAP )
On this ~loq.h day of ~t t at ~ ~ 4- ,2003, before me a Notary Public in and for the
State of Washington, personally appeared d~3' ]~ozeman, to me known to be the Mayor of the City of
Bremerton, a municipal corporation, that executed the foregoing instrument, and acknowledged it to be
the flee and voluntary act of said municipal corporation, for the uses and purposes mentioned in this
instrument, and on oath stated that he was authorized to execute said instnunent.
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day
and year first above written.
eJ',.'.¢, I/
NOTARY PUBLIC, in and for the State
of Washington, residing at"~rvl
My appointment expires,_~ -~-
APPROVED AS TO FORM:
ROGER A. LUBOVICH, City Attorney
EXHIBIT A
LEGAL DESCRIPTION
PARCEL A
A portion of the Plat of Bremerton Waterworks Tracts, as recorded in Volume 4 of plats, Page 102,
records of Kitsap County, Washington and a portion of the Northwest quarter of the Southwest
quarter of Section 32, Township 24 North, Range 1 East, W.M., Kitsap County, Washington, which
is more particularly described as follows:
Beginning at the Northwest comer of Lot 38 of the Plat of Bremerton Waterworks Tracts Number 2,
as recorded in Volume 6 of plats, Pages 13 and 14, records of Kitsap County, Washington, also being
the Tree Point of Beginning; thence along the west line of said plat Number 2, S 2033' 10" W 493.81
feet; thence leaving said west line, N 88°13'32" W 111.49 feet; thence S 11°56, 13" W 142.22 feet
to the Northwest comer of Lot 22 of said plat Number 2; thence continuing along said west line of
the plat, S 11°56'13" W 159.70 feet; thence leaving said west line, S 89°49'02'' W 255.22 feet
along an existing timber rail fence; thence leaving said fence line, N16°39'01"E 837.47 feet to the
southerly fight of way of Belfair Valley Road (formerly Navy Yard Highway); thence easterly along
said southerly right of way to the Tree Point of Beginning.
PARCEL B
Lots 36, 37 and 38 of the Plat of Bremerton Waterworks Tracts Number 2, as recorded in Volume 6,
of the book of plats, Pages 13 and 14, records of Kitsap County, Washington, situate in the southwest
quarter of the northwest quarter of Section 32, Township 24 North, Range 1 East, W.M., Kitsap
County, Washington
Reference Boundary Line Adjustment recorded under Kitsap County Auditor File Number
200308210100, records of Kitsap County, Washington.
~R£1'IERTON CIT~ OF' DEED ~i O~ Ki~sap Co Nf~ :
STATUTORY WARRANTY DEED (Corporate) - Page 3 of 3
REAL ESTATE PURCI~LS~SE AND SALE AGREEMENT
WITH EARNEST MONEY PROVISION
This contract controls the terms of the sale of real property.
I[Please read carefully before signing.)
This Agreement is entered between the Kitsap Square Dance Association, a
, whose mailing address is /~,~d>C3 t,~ .~'~ A-,~£~' VAcc~K.~t?_._D
("Buyer"), and the CITY OF BREMERTON, a Washington municipal corporation, whose mailing
address is 239 4th Street, Bremerton, Washington 98337, ("Seller"), for the sale and purchase of real
property as follows:
1. PROPERTY. Buyer agrees to buy and Seller agrees to sell the property, including
improvements and appurtenances situated thereon which may be owned by the Seller, if any, which is
legally described in Exhibit A, attached hereto and incorporated herein by this reference (the
"Property"). It is acknowledged that Buyer has constructed improvements, which are owned by
Buyer, and has occupied the Property pursuant to a lease between Seller and Buyer. A map
indicating the location of the Property is also attached as Exhibit B, incorporated herein by this
reference.
2. PURCHASE PRICE. The total purchase price for the Property is One Hundred
Seven Thousand Dollars and No/100 Dollars ($107,000.00), payable on closing.
3. EARNEST MONEY. None.
4. CONTINGENCIES. This agreement is contingent upon:
(a) Acceptance of its terms by the Bremerton City Council.
(b) Grant of a utility easement from Buyer to Seller upon closing.
Should any of these contingencies not be met prior to closing, then this Agreement shall
terminate and neither Buyer nor Seller shall have any further rights, duties or obligations hereunder
5. CONVEYANCE AND CONDITION OF TITLE. The title to the real property
shall be conveyed by Seller to Buyer at closing by Statutory Warranty Deed, free and dear of all liens,
encumbrances or defects except those described in Paragraph 5 below.
6. TITLE INSURANCE. At Closing, Seller shall cause Pacific Northwest Title, whose
address and telephone number is 9927 Mickelberry Road, N.W., Silverdale, Washington 98383, (360)
692-4141, to issue a standard form owner's policy of title insurance to Buyer in an amount equal to
the total purchase price of the Real Property, and insuring the Real Property being discharged by
Seller. The cost of said policy shall be shared equally by Seller and Buyer, with Seller bearing the
RE,~L ESI~TE t~URCHASE AND ~5;~ILE AGREEMENT
Page ! r?f 4
initial cost and Buyer reimbursing one-half of the cost at Closing. For purposes of this Agreement,
the following shall not be deemed encumbrances or defects: fights reserved and federal patents or
state deeds; building or use restrictions consistent with current zoning, and utility and road easements
of record If title cannot be made so insurable prior to the Closing date called for herein, unless,
Buyer elects to waive such defects or encumbrances, this agreement shall terminate.
7. CLOSING COSTS AND PRO-RATIONS. Costs of closing shall be shared equally
between Buyer and Seller, except those fees which are expressly limited by Federal Regulation Seller
shall pay for excise tax and revenue stamps as applicable. Taxes for the current year, rents, interest,
Association, Condominium and/or Homeowner's fees, water and other utility charges, if any, shall be
pro-rated as of date of closing unless otherwise agreed.
8. CLOSING OF THE SALE. WITH THE UNDERSTANDING THAT TIME IS OF
THE ESSENCE FOR THIS AGREEMENT, this sale shall close on or before September 1, 2003
which shall also be the termination date of this agreement unless said closing date is extended in
writing by mutual agreement of the parties. Closing, for the purpose of this agreement, is defined as
the date that all documents are executed and the sale proceeds are available for disbursement to the
Seller,
9. POSSESSION. Buyer shall be entitled to possession on closing
10. CONDITION OF PROPERTY AND IMPROVEMENTS. EXCEPT AS
PROVIDED 1N THIS PARAGRAPH, SELLER MAKES NO REPRESENTATION OR
WARRANTY RESPECTING, AND PURCHASER HEREBY RELEASES SELLER FROM, THE
ECOLOGICAL, ENVIRONMENTAL, OR PHYSICAL CONDITION AND/OR USE OF THE
PROPERTY, ITS COMPLIANCE WITH APPLICABLE LAWS, ZON1NG OR OTHER
MATTERS WITH RESPECT THERETO. PURCHASER IS RELYING SOLELY UPON ITS
OWN EXAMINATION OF THE PROPERTY AND SHALL ACCEPT THE PROPERTY IN"AS-
IS" CONDITION WITHOUT IMPLIED OR EXPRESS WARRANTY, INCLUDING WITHOUT
LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR
PARTICULAR PURPOSE
11. TERMINATION OF LEASE. Buyer and Seller agree that the Land Lease
Agreement executed by Buyer and Seller on March 11, 2000 (and any amendments thereto), wherein
Buyer leased the Property from Seller will terminate and be of no further effect upon the Closing of
this transaction.
12. DEFAULT AND ATTORNEY'S FEES.
(a) Buyer's Default. IF BUYER DEFAULTS HEREUNDER, SELLER'S
SOLE REMEDY SHALL BE LIMITED TO DAMAGES AGAINST
PURCHASE IN THE AMOUNT OF THE THIRD-PARTY COSTS
1NCURRED BY SELLER IN PREPARING THIS TRANSACTION
INCLUDING BUT NOT LIMITED TO TITLE COMPANY AND ESCROW
REAL EST.4TE PURCHASE AND S,4LE AGREEMENT
Page 2 of 4
FEES. BUYER AND SELLER INTEND THAT SAID AMOINT
CONSTITUTES LIQUIDATED DAMAGES: AND SO AS TO AVOID
OTHER COSTS AND EXPENSES TO EITHER PARTY IN
CONNECTION WITH POTENTIAL LITIGATION ON ACCOUNT OF
BUYERS' DEFAULT. BUYER AND SELLER BELIEVE SAID AMOI ~NT
TO BE A FAIR ESTIIVIATE OF ACTUAL DAMAGES.
(b) Seller's Default. 1F SELLER DEFAULTS HEREUNDER, BUYER SHALL
HAVE ALL THE RIGHTS AND REMEDIES AVAILABLE AT LAW OR
iN EQUITY.
(c) Attorney's Fees and Costs. In the event of litigation to enforce any of the
terms or provisions herein, each party shall pay all its own costs and attorney's
fees.
13. NOTICE TO SELLER. This form contains provisions for an agreement for the
purchase and sale of real estate. The Buyer makes NO WARRANTY OR REPRESENTATION OF
ANY KIND that this form, or any of its provisions, is intended to meet the factual and legal
requirements of a particular transaction, or that it accurately reflects that laws of the State of
Washington at the time you enter the agreement, THIS AGRF, EMENT HAS SIGNIFICANT
LEGAL AND FINANCIAL CONSEQUENCES AND YOU ARE ADV1SED TO SEEK
INDEPENDENT LEGAL AND FiNANCIAL COUNSEL REGARDING THESE
CONSEQUENCES. If you do not understand the effect of any part, consult your Attorney befbre
signing.
14. NON-MERGER. The terms, conditions, and provisions of this Agreement shall not
be deemed merged into the deed, and shall survive the Closing and continue in full force and effect.
15. NOTICES. All notices required or permitted to be given hereunder shall be in writing
and shall be sent U.S. certified mail, return receipt requested, or by facsimile transmission addressed
as set forth below: 5~o_~5 ~,.,n~
(a) All notices to be given to ~ shall be addressed as follows:
Mayor
City of Bremerton
239 Fourth Street
Bremerton, Washington 98337
(b) All notices to be given to Se, liar shall be addressed as follows:
REAL ESTATE PURCHASE AND X4LE AGREtfME~\,7'
Page 3 c~/'4
Either party hereto may, by written notice to the other, designate such other address fo~ the
giving of notices as being necessary. All notices shall be deemed given on the day such notice is
personally served, or on the date of the facsimile transmission, or on the third day following the day
such notice is mailed in accordance with this paragraph.
16. ENTIRE AGREEMENT. This agreement, including all incorporated exhibits,
constitutes the full understanding between seller and buyer. There have been no verbal or other
agreements that modify this agreement.
17. BINDING EFFECT AND SURVIVAL. This Agreement shall be binding upon
parties hereto and their respective heirs, successors and assigns; and the terms, conditions and
provisions of this Agreement shall survive the closing of this transaction.
18. DATE OF MUTUAL ACCEPTANCE. For the purposes of this Agreement. the
date of mutual acceptance of this Agreement shall be the last date on which the parties to this
Agreement have executed this Agreement as indicated below.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set
forth below.
THE CITY OF BRE~TO~N KITSAP SQUARE DANCE ASSOCIATION
By: t./~] ~ "~'w By:
Cary Bozeman, Mayor Its:
Dated: '-//'L.2./-t..c, c,-) Dated:
APPROVED AS TO FORM:
REAL ESTA Th' PURCHASE.4ND STILE AGREE~'~IENT
Page 4 of 4
CORRECTION STATEMENT AND AGREEMENT
In consideration of the closing of the sales transaction identified herein, Buyer(s) and
Seller(s) hereby agree as follows:
1. This agreement concerns the closing of a real estate transaction between Seller(s)
and Buyer(s) as evidenced by that certain Real Estate Purchase and Sale
Agreement dated July 22, 2003, a copy o£which is attached hereto.
2. Seller(s) and/or Buyer(s) shall correct and/or replace any closing document at the
request of the other that contains an error, inaccuracy, or has been lost, destroyed,
or misplaced for any reason. A closing document shall be deemed to contain an
error or an inaccuracy if it fails to reflect the true or correct terms and conditions
of the closing or to conform to the Real Estate Purchase and Sale Agreement or
true intentions of the parties. Examples include, but are not limited to, errors in
the legal descriptions, misspelled names, invalid acknowledgement, etc.
3. This agreement is made regardless of the reason of any loss, misplacement, or
inaccuracy in any closing document, it' any.
4. "Correct or Replace" includes, but is not limited to, the execution,
acknowledgement, initialing and delivering to the other party any documentation
deemed necessary to replace or correct the lost, misplaced, misstated, or
inaccurate document(s). Closing documents include, but are not limited to,
closing statements, deeds, affidavits, contracts or other documents executed by
the parties in connection with the closing.
5. Buyer(s) and Seller(s) shall deliver the replacement documents within thirty (30)
days after receipt of a written request for corrective action under this agreement.
6. In the event the closing statement or funds transferred between the Buyer(s) and
the Seller(s) did not accurately reflect the agreement of the parties, Buyer(s) and
Seller(s) agree to provide additional amounts due or amount to be refunded.
7. If Buyer(s) or Seller(s) fail or refuse to execute, acknowledge, initial the
replacement documents or provide the additional documents or fees for more than
thirty (30) days after being requested to do so, Buyer(s) or Seller(s), whichever is
the refuser, agrees to be liable for any and all loss or damage which the other
reasonably sustains thereby including, but not limited to, all reasonable attorney%
fees and costs incurred to obtain the corrected or replacement documents.
1 of 2
8. This agreement shall survive the closing, inure to the benefit of the Buyer(s) and
Seller(s), their successors and assigns, and be binding upon the heirs, devisees,
personal representatives, successors and assigns of the parties.
BUYER: SELLERS:
KITSAP SQUARE DANCE ASSOCIATION, CITY OF BREMERTON
INCORPORATED ~ ~
Prin(/~ame: - Cary Bozeman
Its: Its: May~ ]//~
Dated: Dated: L)/ ~/~/ ~)~
APPROVED AS TO FORM:
Rogei'JA. Lubovich, City
2 of 2
REAL ESTATE PURCHASE AND SALE AGREEMENT
WITH EARNEST MONEY PROVISION
This contract controls the terms of the sale of real property.
(Please read carefully before signinl~.)
This Agreement is entered between the Kitsap Square Dance Association, a
., whose mailing address is /,3~C3 t. Zd ,~C,' ~c-. ~/~- V,4~ce-g-~:~d)
("Buyer"), and the CITY OF BREMERTON, a Washington municipal corporation, whose mailing
address is 239 4th Street, Bremerton, Washington 98337, ("Seller"), for the sale and purchase of real
property as follows:
1. PROPERTY. Buyer agrees to buy and Seller agrees to sell the property, including
improvements and appurtenances situated thereon which may be owned by the Seller, if any, which is
legally described in Exhibit A, attached hereto and incorporated herein by this reference (the
"Property"). It is acknowledged that Buyer has constructed improvements, which are owned by
Buyer, and has occupied the Property pursuant to a lease between Seller and Buyer. A map
indicating the location of the Property is also attached as Exhibit B, incorporated herein by this
reference.
2. PURCHASE PRICE. The total purchase price for the Property is One Hundred
Seven Thousand Dollars and No/100 Dollars ($107,000.00), payable on closing.
3. EARNEST MONEY. None.
4. CONTINGENCIES. This agreement is contingent upon:
(a) Acceptance of its terms by the Bremerton City Council.
(b) Grant of a utility easement from Buyer to Seller upon closing.
Should any of these contingencies not be met prior to dosing, then this Agreement shall
terminate and neither Buyer nor Seller shall have any further rights, duties or obligations hereunder.
5. CONVEYANCE AND CONDITION OF TITLE. The title to the real property
shall be conveyed by Seller to Buyer at closing by Statutory Warranty Deed, free and clear of all liens,
encumbrances or defects except those described in Paragraph 5 below.
6. TITLE INSURANCE. At Closing, Seller shall cause Pacific Northwest Title, whose
address and telephone number is 9927 Mickelberry Road, N.W., Silverdale, Washington 98383, (360)
692-4141, to issue a standard form owner's policy of title insurance to Buyer in an amount equal to
the total purchase price of the Real Property, and insuring the Real Property being discharged by
Seller. The cost of said policy shall be shared equally by Seller and Buyer, with Seller bearing the
REAL ESTATE PURCHASE AND SALE
Page 1 qf 4
initial cost and Buyer reimbursing one-half of the cost at Closing. For purposes of this Agreement,
the following shall not be deemed encumbrances or defects: rights reserved and federal patents or
state deeds; building or use restrictions consistent with current zoning, and utility and road easements
of record If title cannot be made so insurable prior to the Closing date called for herein, unless,
Buyer elects to waive such defects or encumbrances, this agreement shall terminate.
7. CLOSING COSTS AND PRO-RATIONS. Costs of closing shall be shared equally
between Buyer and Seller, except those fees which are expressly limited byFederal Regulation. Seller
shall pay for excise tax and revenue stamps as applicable. Taxes for the current year, rents, interest,
Association, Condominium and/or Homeowner's fees, water and other utility charges, if any, shall be
pro-rated as of date of closing unless otherwise agreed.
8. CLOSING OF THE SALE. WITH THE UNDERSTANDING THAT TIME IS OF
THE ESSENCE FOR THIS AGREEMENT, this sale shall close on or before September 1, 2003
which shall also be the termination date of this agreement unless said closing date is extended in
writing by mutual agreement of the parties. Closing, for the purpose of this agreement, is defined as
the date that all documents are executed and the sale proceeds are available for disbursement to the
Seller.
9, POSSESSION. Buyer shall be entitled to possession on closing.
10. CONDITION OF PROPERTY AND IMPROVEMENTS. EXCEPT AS
PROVIDED IN THIS PARAGRAPH, SELLER MAKES NO REPRESENTATION' OR
WARRANTY RESPECTING, AND PURCHASER HEREBY RELEASES SELLER FROM, THE
ECOLOGICAL, ENVIRONMENTAL, OR PHYSICAL CONDITION AND/OR USE OF THE
PROPERTY, ITS COMPLIANCE WITH APPLICABLE LAWS, ZONING OR OTHER
MATTERS WITH RESPECT THERETO. PURCHASER IS RElaYING SOLELY UPON ITS
OWN EXAMINATION OF THE PROPERTY AND SHALL ACCEPT THE PROPERTY IN "AS-
IS" CONDITION WITHOUT IMPLIED OR EXPRESS WARRANTY, INCLUDING WIT_I-lOUT
LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR
PARTICULAR PURPOSE.
11. TERMINATION OF LEASE. Buyer and Seller agree that the Land Lease
Agreement executed by Buyer and Seller on March 11, 2000 (and any amendments thereto), wherein
Buyer leased the Property from Seller will terminate and be of no further effect upon the Closing of
this transaction.
12. DEFAULT AND ATTORNEY'S FEES.
(a) Buyer's Default. IF BUYER DEFAULTS HEREUNDER, SELLER'S
SOLE REMEDY SHALL BE LIMITED TO DAMAGES AGAINST
PURCHASE IN THE AMOUNT OF THE THIRD-PARTY COSTS
INCURRED BY SELLER IN PREPAR/NG THIS TRANSACTION
INCLUDING BUT NOT LIMITED TO TITLE COMPANY AND ESCROW
REAL ESTATE PURCHASE AND SALE AGREtz3,tENT
Page 2 qf 4
FEES. BUYER AND SELLER INTEND THAT SAID AMOUNT
CONSTITUTES LIQUIDATED DAMAGES: AND SO AS TO AVOID
OTHER COSTS AND EXPENSES TO EITHER PARTY IN
CONNECTION WITH POTENTIAL LITIGATION ON ACCOUNT OF
BUYERS' DEFAULT. BUYER AND SELLER BELIEVE SAID AMOUNT
TO BE A FAIR ESTIMATE OF ACTUAL DAMAGES.
(b) Seller's Default. IF SELLER DEFAULTS HEREUNDER, BUYER SHALL
HAVE ALL THE RIGHTS AND REMEDIES AVAILABLE AT LAW OR
IN EQUITY.
(c) Attorney's Fees and Costs. In the event of litigation to enforce any of the
terms or provisions herein, each party shall pay all its own costs and attorney's
fees.
13. NOTICE TO SELLER. This form contains provisions for an agreement for the
purchase and sale of real estate. The Buyer makes NO WARRANTY OR REPRESENTATION OF
ANY KIND that this form, or any of its provisions, is intended to meet the factual and legal
requirements of a particular transaction, or that it accurately reflects that laws of the State of
Washin~on at the time you enter the agreement. THiS AGREEMENT HAS SIGNIFICANT
LEGAL AND FINANCIAL CONSEQUENCES AND YOU ARE ADVISED TO SEEK
[NDEPENDENT LEGAL AND FINANCIAL COUNSEL REGARDING THESE
CONSEQUENCES. Ifyun do not understand the effect of any part, consult your Attorney before
signing.
14. NON-MERGER. The terms, conditions, and provisions of this Agreement shall not
be deemed merged into the deed, and shall survive the Closing and continue in full force and effect.
15. NOTICES. All notices required or permitted to be given hereunder shall be in writing
and shall be sent U.S. certified mail, return receipt requested, or by facsimile transmission addressed
as set forth below:
(a) Ail notices to be given to ~ shall be addressed as follows:
Mayor
City of Bremerton
239 Fourth Street
Bremerton, Washington 98337
(b) Ail notices to be given to $.e&l&r shall be addressed as follows:
EA L ESl'ATE PURCHASE AND ,SALE A GR~ E3/IENT
Page 3 qf 4
Either party hereto may, by written notice to the other, designate such other address ;~br the
giving of notices as being necessary. All notices shall be deemed given on the day such notice is
personally served, or on the date of the facsimile transmission, or on the third day following the day
such notice is mailed in accordance with this paragraph.
16. ENTIRE AGREEMENT. This agreement, including all incorporated exhibits,
constitutes the full understanding between seller and buyer. There have been no verbal or other
agreements that modify this agreement.
17. BINDING EFFECT AND SURVIVAL. This Agreement shall be binding upon
parties hereto and their respective heirs, successors and assigns; and the terms, conditions and
provisions of this Agreement shall survive the closing of this transaction.
18. DATE OF MUTUAL ACCEPTANCE. For the purposes of this Agreement, the
date of mutual acceptance of this Agreement shall be the last date on which the parties to this
Agreement have executed this Agreement as indicated below.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set
forth below.
Cary B6zeman, Mayor Its: ,hq ta-44~'e~ _~ '"~-~,WC~A,
APPROVED AS TO FORM:
~y At
REAL ESTATE PURCHASE dND SALE AGREEMENT
Page 4 qf 4
$$/JS/L~3 83~32P
CITY OF BR£~£RTON BLR ~3.88 Kitzap Co, I~R
Return Address: City Clerk
City of Bremerton
239 Fourth S~eet
Bremerton, WA 98337
EXCISE TAX EXEMPT ~:e 1 ~ 2003
AUDITOR/RECORDER'S INDEXING FORM
Document Title(s): 1. Boundary Linc ^djustmcnt
Reference Number(s) of Documents assigned or released:
Applicant(s): 1. CityofBrcmcrton
Legal Description: Portion of Northwest quarter of the Southwest quarter, Section 32, Township 24 North,
abbreviated) Range 1 East, W.M., situate in Kitsap County, Washington.
Assessor's Property Tax Parcel/Account Number: 4505-000-036-0000
4504-000-001-0002
322401-3-043-2002
Project Name: Square Dance Hall Property
THIS DOCUMENT CORRECTS AND SUPERCEDES BOUNDARY
LINE ADJUSTMENT RECORDED UNDER AFN 200305210100
DECLARATION OF LOTS UPON BOUNDARY LINE ADJUSTMENT
THIS DECLARATION MADE THIS ~ day ofa~~_, 200 ~ ,
by the CITY OF BREMERTON, a Washington municipal corlboration of Kitsap Count),
State of Washington as owner of the real property legally described hereinafter as "Parcel
A', "Parcel B", "Parcel C', "Parcel D" and "Parcel E".
Second by CITY OF BREMERTON, "Declarant" as owners of the real property
legally described hereinafter wishes to adjust the property lines of the four parcels to the
property legally described hereinafter as "Resultant Parcel 1', "Resultant Parcel 2", and
"Resultant Parcel 3", without creating any additional lot, tract, parcel, or site.
"Parcel A' is legally described as:
Boundary Line Adjustment
Square Dance Hall Property Page 1 of 4
Tract 36, of the Plat of Bremerton Waterworks Tracts Number 2, as recorded in Volume 6,
of the book of plats, Pages 13 and 14, records of Kitsap County, Washington, situate in the
southwest quarter of the northwest quarter of Section 32, Township 24 North, Range 1
East, W.M., Kitsap County, Washington.
"Parcel B" is legally described as:
Tract 37, of the Plat of Bremerton Wate~vorks Tracts Number 2, as recorded in Volume 6,
of the book of plats, Pages 13 and 14, records of Kitsap County, Washington, situate in the
southwest quarter of the northwest quarter of Section 32, Township 24 North, Range 1
East, W.M., Kitsap County, Washington.
"Parcel C' is legally described as:
Tract 38, of the Plat of Bremerton Waterworks Tracts Number 2, as recorded in Volume 6,
of the book of plats, Pages 13 and 14, records o£Kitsap County, Washington, situate in the
southwest quarter of the no~hwest quarter of Section 32, Township 24 North, Range 1
East, W.M., Kitsap County, Washington.
"Parcel D' is legally described as:
Tract 15, of the Plat of Bremerton Waterworks Tracts, as recorded in Volume 4, of the
book of plats, Page 102, records of Kitsap County, Washington, and revised with the Plat
of Bremerton Waterworks Tracts Number 2, as recorded in Volume 6, of the book of plats,
Pages 13 mad 14, records of Kitsap County, Washington, situate in the southwest quarter of
the northwest quarter of Section 32, Township 24 North, Range 1 East, W.M., Kitsap
County, Washington.
"Parcel E' is legally described as:
The west half of the northwest quarter of the southwest quarter of Section 32, Township 24
North, Range 1 East, W.M., situate in Kitsap County, Washington
Except for State Highway 21; and except that portion lying within the Plat of Bremerton
Waterworks Tracts Number 2, as recorded in Volume 6, of the book of plats, Pages 13 and
14, records of Kitsap County, Washington.
Subsequent to this transaction, the resulting parcels are:
"Resultant Parcel 1' shall be described as:
Lots 36, 37 and 38 of the Plat of Bremerton Waterworks Tracts Number 2, as recorded in
Volume 6, of the book of plats, Pages 13 and 14, records of Kitsap County, Washington,
Boundary Line Adjustment
Square Dance Hall Property Page 2 of 4
09/18/2883 83:32P
CITY OF BREi'IERTON BLFI 1~3.88 Kitsap Co, 148
situate in the southwest quarter of the northwest quarter of Section 32, Township 24 North,
Range 1 East, W.M., Kitsap County, Washington
"Resultant Parcel 2" shall be described as:
A portion of the Plat of Bremerton Waterworks Tracts, as recorded in Volume 4 of plats,
Page 102, records of Kitsap County, Washington and a portion of the Northwest quarter of
the Southwest quarter of Section 32, Township 24 North, Range 1 East, W.M., Kitsap
County, Washington, which is more particularly described as follows:
Beginning at the Northwest comer of Lot 38 of the Plat of Bremerton Waterworks Tracts
Number 2, as recorded in Volume 6 of plats, Pages 13 and 14, records of Kitsap County,
Washington, also being the True Point of Beginning; thence along the west line of said plat
Number 2, S 2°33'10" W 493.81 feet; thence leaving said west line, N 88013'32'' W
111.49 feet; thence S 11 °56'13" W 142.22 feet to the Northwest comer of Lot 22 of said
plat Number 2; thence continuing along said west line of the plat, S 11 °56'13" W 159.70
feet; thence leaving said west line, S 89°49'02" W 255.22 feet along an existing timber
rail fence; thence leaving said fence line, N16°39'01"E 837.47 feet to the southerly right
of way of Belfair Valley Road (formerly Navy Yard Highway); thence easterly along said
southerly right of way to the Tree Point of Beginning.
"Resultant Parcel 3" shall be described as:
A portion of Tract 15, of the Plat of Bremerton Waterworks Tracts, as recorded in Volume
4, of the book of plats, Page 102, records of Kitsap County, Washington, and revised with
the Plat of Bremerton Waterworks Tracts Number 2, as recorded in Volume 6, of the book
of plats, Pages 13 and 14, records of Kitsap County, Washington, situate in the southwest
quarter of the northwest quarter of Section 32, Township 24 North, Range 1 East, W.M.,
Kitsep County, Washington; together with a portion of the west half of the noghwest
quarter of the southwest quarter of said Section 32;
Except for State Highway 21; and except that portion lying within the Plat of Bremerton
Waterworks Tracts Number 2, as recorded in Volume 6, of the book of plats, Pages 13 and
14, records of Kitsap County, Washington; and except that portion lying northerly and
easterly of the following described line:
Beginning at the Northwest comer of Lot 22 of said plat Number 2; thence along said west
line of the plat, S 11 °56' 13" W 159.70 feet to the Tree Point of Beginning; thence leaving
said west line, S 89°49'02" W 255.22 feet along an existing timber rail fence; thence
leaving said fence line, N16°39'01"E 837.47 feet to the southerly right of way of Belfair
Valley Road (formerly Navy Yard Highway) and the terminus.
Boundary Line Adjustment
Square Dance Hall Property Page 3 of 4
89/18/2883 83:32P
CITY OF BRE~IERTOH BLR ~3.8~ ~<its~lo Co, [iR
IN WITNESS WHEREOF, the City of Bremerton has executed the instrument as of
the date first above written.
N~ ..,,
Carey Bozeman
City of Bremerton Mayor
STATE OF WASHINGTON )
) SS.
COUNTY OF KITSAP )
On this ~ day of~gll~.eaax~~, 200 & , be~re me a Notary Public in
and for the State of Washington, personally appear' - ed C~_~ ~
to me known to be the individual(s) that executed th~ foregt~ing instrument, and
acknowledged it to be the flee and voluntary act, for the uses and purposes mentioned in this
instrument, and on oath stated that he/she/they were authorized to execute said instrument.
-Notary Seal Must Appear Within lItis Box-
EREOF, I have hereunto set my hand and official seal the day and year
APPROVED AS TO FORM:
City Attorney
Boundary Line Adjustment
Square Dance Hall Property Page 4 of 4
CITY OF BR£MERTON BLR
OADWAY
Resu
IE OF SECTION
Sketch for Bound~ Line Adjustment.
Section 32,T.24N,R.1E,W.M.
s~,~,,~,w,~, [ August 18,2003
OLD SR-21
CITY OF BREIiERTON BLR ~3.80 Kitsa)o Co, ~4R
CIT? OF ~R£M~'RTON rSMT ~.~t) Kitsap Co, WA
Return Address: City Clerk
City of Bremerton
239 Fourth Street
Bremerton, WA 98337
EXC $ TAX EXEMPT 51:.P 1 $ 2003
AUDITOR/RECORDER'S INDEXING FORM
Document Title(s): l. Utility Easement
Reference Number(s) of Documents assigned or released: N/A
Grantor(s): l. Kitsap County Square Dance Association, Incorporated
[] Additional names o~n pag~e ~o_f document~.
/Grantse(s): 1. The City of Bremerton
Additional names on page of document.
Legal Dseerlptlon: Portion of the NW quarter of the SW quarter and the SW quarter of the NW quarter of
(abbreviated) Section 32, T24N, RIE, W.M., situate in Kitsap County, Washington
[] Additional legal is on Exhibit A of document.
Assessor's Property Tax Parcel/Account Number: 322401-3-043-2002
4504-000-001-0002
4505-000-036-0000
UTILITY EASEMENT
(Corporate)
THIS INSTRUMENT made this qeq~ day of August, 2003, by and between
KITSAP SQUARE DANCE ASSOCIATION, INCORPORATED (hereinafter
"Grantor") and the CITY OF BREMERTON, a Washington municipal corporation of
Kitsap County, State of Washington (hereinafter "Grantee").
WITNESSETH that Grantor for and in consideration of mutual benefits derived
and/or other valuable consideration, receipt of which is hereby acknowledged by Grantor,
do by these presents grant, bargain, sell, convey, and confirm forever unto Grantee, its
successors and/or assigns, a utility easement for sewer, water, stormwater and/or other
municipal utilities, with necessary appurtenances, over, through, across and upon the
following described prope~y situated in Kitsap County, Washington, more particular!y
described as follows:
UTILITY EASEMENT (Corporate) - Page I of 4
SEE EXHIBIT "A" ATTACHED.
Grantee shall have the right, without prior institution of suit or proceeding at law, at
times as may be necessary, to enter upon the above-referenced property and immediately
adjacent incidental areas with the necessary equipment for the purposes of altering,
installing, operating, maintaining, extending, constructing, repairing, and reconstructing
the utility/utilities, or making connections to that system, without incurring any legal
obligation or liability; provided, however, that the private improvements existing within
this easement area and the immediately adjacent incidental areas shall not be disturbed or
destroyed, or in the event they are disturbed or destroyed, they will be replaced in as good
a condition as they were immediately before the properties were entered upon by the
Grantee.
Grantor shall retain the right to use the surface of this easement, Jnchiding the
immediately adjacent incidental areas, so long as that use is not inconsistent with and does
not interfere with the rights and uses granted to Grantee in this document. Under no
circumstances shall Grantor place any cement, concrete, structure or any other objects on
the property described in this easement or the immediately adjacent incidental areas in a
manner that would interfere with Grantee's use of the easement.
This easement shall be a covenant running with the land, and shall bind Grantor's
successors and assigns and all future owners of the real property affected by this easement.
GRANTOR:
KITSAP SQUARE DANCE ASSOCIATION,
INCORPORATED
Its: Chairman
DATE: ~" - ~ ~ ~ <Z~'O_E3
(Notary Acknowledgment Appears on Next Page)
UTILITY EASEMENT (Corporate) - Page 2 of 4 CIT? 0}' [~R£1~E[tl014 EStll ~ 06 Kit-zap Co, tl8
STATE OF WASHINGTON )
) SS.
COUNTY OF KITSAP )
On this o(~M') day of August, 2003, before me a Notary Public in and for the State
of Washington, personally appeared Michael Zeitner to me known to be the Chairman of
Kitsap Square Dance Association, Incorporated, a Washington nonprofit corporation that
executed the foregoing instrument, and acknowledged it to be the free and voluntary act and
deed of the corporation, for the uses and purposes mentioned in this instrument, and on oath
stated that he was authorized to execute said instrument.
-Notary Seal Must App~ar Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal
the day and year first above written. '//
NOTARY PUBLIC. in and for the State
of Washington, residing at~ffc°rvl°~f~rO}a ~[[
My appointment expires ~-~-/-C) '7
APPROVED AS TO FORM:
R:~LEGALWiles\Current Active Files\Kitsap Square Dance Association\Utility Easement.doc
CITY OF B~E~E~TOH '-- ":'
UTILITY EASEMENT (Corporate) - Page 3 of 4
EXHIBIT A
A twenty foot easement over, under and upon an existing roadway, the centerline of
which is described as follows:
Beginning at the northwest comer of Tract 38, of the Plat of Bremerton Waterworks
Tracts Number 2, as recorded in Volume 6, of the book of plats, Pages 13 and 14, records
of Kitsap County, Washington, situate in Section 32, Township 24 North, Range 1 East,
W.M., Kitsap County, Washington ; thence easterly along the north line of said Tract 38
and the southerly right of way of Belfair Valley Road (Navy Yard Highway per said
plat), S 88006, 10" E 306.84 feet to the center of an existing driveway and the True Point
of Beginning; thence leaving said southerly right of way, S 23°40'29'' W 47.10 feet;
thence S 57°30'12'' W 159.56 feet; thence S 81052'35'' W 178.42 feet; thence S
66°37'53'' W 67.80 feet; thence S 34°12'07'' W 136.16 feet; thence S 24°43'47'' W
370.02; thence S 6039'02'' W 148.09 feet to an existing gate in a rail fence and the
terminus.
$¢/18e"25@3 03 25?
CITY OF BR£tt£RTON £SMT ~2.85 Kitzap Co, kilt
UTILITY EASEMENT (Corporate) - Page 4 of 4