Loading...
HomeMy WebLinkAbout200307290204Return Address: City Clerk's Office ~7/~$/~863 [ [: 47f3 City of Bremerton 239 Fourth Street [tREI'F..RTOH CITY 0F OEEO ~.~ Kits~p Co, I, lt~ Bremerton, WA 98337 KITSRP COUNTY TRERSUEEE EXCISE 07129/2003 /~__. 2ee3Exos557 Tof,&I : $89.0~ CJlrk'e Zn/f~la[ ............. AUDITOR/RECORDER'S INDEXING FORM Document Title(s): 1. Statutory Warranty Deed Reference Number(s) of Documents assigned or released: Grantor(s): l. Terry D. Ryon, an unmarried person between the dates of August 1, 1983 and August 4, 1993 [] Additional names on page of document. Grantee(s): l. City of Bremerton [] Additional names on page of document. Legal Description: NE/IXD~, S20 T24N R1E, W.M., Kitsap County, Washington (abbreviated) [] Additional legal is on page 2 of document. Assessor's Property Tax Parcel/Account Number: Portion of 202401 - 1-017-2002 STATUTORY WARRANTY DEED (Individual) TERRY D. RYON, an unmarried person between the dates of August 1, 1983 and August 4, 1993, ("Grantor"), 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 City of Bremerton, a Washington municipal corporation ("Grantee"), as Grantee, for any and all municipal purposes, the following described real property situated in Kitsap County, State of Washington: THAT PORTION OF THE FOLLOWING DESCRIBED PROPERTY LYING WESTERLY OF PRICE ROAD: THE SOUTH HALF OF THE NORTH HALF OF STATUTORY WARKANTY DEED (Individual) - Page 1 of 2 THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 20 TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON; EXCEPT ROAD. GRANTOR: Terry D. Ryon STATE OF WASHINGTON ) COUNTY OF KITSAP ) Onthis~73~t dayofNJt~ It i ,2003,beforemeaNotaryPublicinandfortheStateof Washington, personally appeared Ter~ D. Ryon to me known to be the individual that executed the foregoing instrument, and acknowledged it to be his flee and voluntary act for the uses and pm'poses mentioned in this instrument, and on oath stated that he was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day NOTARY PUBLIC, in and for the State ~;<~?'..?}27"~O'x~ of Washington, residing at19~( t,~P~ **/ (~ f~ ~ My appointment expires 3-<)~ ( ;'D. APPROVED AS TO FORM: I~(~R A. LUBOVICH ~ City Attorney R:\LEGAL\Depamnents43eneral~Parks\StatutoryWarrantyDeed-Ryon.doc IIIIIIIIIIlllllllll/llllllllllllllllll/llllltllllill BREMERIo~ CITY OF DEEO ~8 ~ Ki~p Co, ~ : STATUTORY WARRANTY DEED (Individual) - Page 2 of 2 PLEASE TYPE OR PRINT REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt CHAPTER 82.45 RCW CHAPTER 458-61 WAC when stamped by cashier. FOR USE AT COUNTY T REASLrRER' S OffFICE (Use Form No. 84-0001B for Reporting Transfers of Con, oiling Interest of Entity Ownership to the Department of Revenue) TftIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS 1-7 ARE FULLy COMPLETED [] Name Terry D. Ryon [] Name City of Bremerton < Street PO BOX 4061 m F >~ ~ Street 239 Fourth Street City/State/Zip Bremerton, WA 98312-0061 m ~, City/State/Zip Bremerton, WA 98337 ] ADDRESS TO SEND ALL PROPERTY TAX RELATED CORRESPONDENCE ALL TAX PARCEL NUMBERS COUNTY TREASURER PLACE ASSESSED VALUE IF TAX EXEMPT Name Same as Grantee Portion of 202401-1-017-2002 Street City/State/Zip LEGAL DESCRIPTION OF PROPERTY SITUATED IN [~ UNINCORPORATED COUNTy I~ OR[NCITYOF BremertOB Street Address (if property is improved): THAT PORTION OF THE FOLLOWING D!=SCRIB!=D PROPI=RTY LYING WI=STERLY OF PRICE ROAD: THE SOUTH HALF OF THE NORTH HALF OF THE NORTHWt=$T QUARTFR OF THE NOFITHF:AST QUAFITER OF SECTION 20 TOWNSHIP 24 NORTH, RANGE ] EAST, W.M., IN KITSAP COUNTY, WASHINGTON; EXCEPT ROAD. I Is this property currently: YES NO [] Description of personal property included in gross selling price both ~ tangible (es; furniture, equipment, etc.) or intangible (eg; goodwill, Classified or designated as forest land? [~ B agreement not to compete, etc.) Chapter 84.33 RCW Classified as current use land (open space, farm ~ and agricultural, or timber)? Chapter 84.34 RCW Exempt from property tax as a nonprofit [~ ~ If exemption claimed, list WAC number and explanation. organization? Chapter 84.36 RCW WAC No. (Sec/Sub) Seller's Exempt Reg. No. Receiving special valuation as historic ~ ~ Explanation property? Chapter 84.26 RCW Property Type: ~ land only ~ land with new building ~ land with previously used building [~ land with mobile home Type of Document Statutory Warranty Deod ~ timber only [~ building only Date of Document Principal Use: ]~ Apt. (4+ unit) [] residential ~ timber [] agricultural ~ commercial/industrial Gross Selling Price $ 5,000.00 ~ other park Personal Property (deduct) $ 0.00 I(l) NOTICE OF CONTINUANCE (RCW 84.33 OR RCW 84.34) Taxable Selling Price $ 5,000.00 If the new owner(s) of land that is classified or designated as current use Excise Tax: State $ or forest land wish to continue the classification or designation of such Local $ land, the new owner(s) must sign below. If the new owner(s) do not desire Delinquent Interest: State $ to continue such classification or designation, all compensating or additional tax calculated pursuant to RCW 84.33.120 and 140 or RCW Local $ 84.34.108 shall be due and payable by the seller or transferor at the time Delinquent Penalty $ of sale. The county assessor must determine if the land transferred Total Due $ 89.00 qualifies to continue classification or designation and must so indicate below. Signatures do not necessarily mean the land will remain in A MINIMUM OF $2.00 IS DUE AS A PROCESSING FEE AND TAX. classification or designation. If it no longer qualifies, it will be removed [] AFFIDAVIT and the compensating taxes will be applied. All new owners must sign. I Certify Under Penalty of Perjury Under The Laws of The State o~f.~.. This land [] does [] does not qualify for continuance. Washington That The Foregoing Is Tree And Correct. (See back of this~_ form). Date DEPUTY ASSESSOR Signature of "~-~5 Grantor/Agent (2) NOTICE OF COMPLIANCE (Chapter 84.26 RCW) If the new owner(s) of property with special valuation as historic property Name (print) TERRY D. RYON wish to continue this special valuation the new owner(s) must sign below. Date and Place of ~g:'x If the new owner(s) do not desire to continue such special valuation, ail additional tax calculated pursuant to Chapter 84.26 RCW, shall be due Signature of [ -- and payable by the seller or transferor at the time of sale. Grantee/Agent~' ' - (3) OWNER(S)SIGNATURE Name(print)GARY BOZLZMAN, MAYOR ;,. ~ Bremerton, WA Date & Place of Signing: '"'/- Perjury: Perjury is a class C felony which is punishable by imprisonment in the state correctional institution for a maximum term of not more than five years, or by a fine in an amount fixed by the court of not more than five thousand dollars ($5,000.00), or by both imprisoument and fine (RCW 9A.20.020 (lC)). REV 84 000la (3-18-99) (PD 4-05-00) FOR TREASURER'S USE ONLY []COUNTY TREASURER []DEPT. OF REVENUE []COUNTY ASSESSOR []TAXPAYER REAL ESTATE PURCHASE AND SALE AGREEMENT This contract controls the terms of the sale of real property. (Please read carefully before signing.) This Agreement is entered between the CITY OF BREMERTON, a Washington municipal corporation, whose mailing address is 239 4th Street, Bremerton, Washington 98337, ("Buyer"), and Terry Ryon, an unmarried person between the dates of August 1, 1983 and August 4, 1993, whose mailing address is P.O. Box 4061. Bremerton, WA 98312-0061, ("Seller"), for the sale and purchase of real property as follows: That portion of the following described property lying westerly of Price Road: The South half of the North half or the Northwest Quarter of the Northeast Quarter of Section 20, Township 24 North, Range 1 East, W.M., in Kitsap County, Washington; Except road. 1. PROPERTY. The property, including all improvements and appurtenances situated thereon, which Buyer agrees to buy and Seller agrees to sell, is comprised of one parcel. The parcel, hereinafter referred to as ("the Property"), is commonly known to be located at the Northwest intersection of Price Road and West Kitsap Road, Bremerton, Washington 98312. The Property is legally described in Exhibit A (Parcel B) attached hereto and incorporated herein by this reference. A map indicating the location of the Property is also attached as Exhibit B, incorporated herein by this reference. 2. PURCHASE PRICE. The total purchase price for the Property is Five thousand and No/100 Dollars ($ 5,000.00), payable on closing. 3. CONTINGENCIES. This agreement is contingent upon: (a) Acceptance of its terms by the Bremerton City Council. (b) Buyers review and approval of the title report on the property prior to Closing. (c) The National Parks Service acting for the Secretary of the Interior approving the purchase of these properties as satisfying the City's obligation to obtain replacement property consistent with the attached agreement between the Buyer and the National Parks Service (See Attachment "A"). (d) Buyer agreeing to place a non-revocable covenant on the property restricting its use to park purposes only. 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. 4. 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. REAL ESTATE PURCHASE AND SALE AGREEMENT Page 1 of 4 5. TITLE INSURANCE. At Closing, Buyer shall be responsible for obtaining title insurance. 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, utility and road easements of record, and the restriction to use the property for park purposes. 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. 6. CLOSING COSTS AND PRO-RATIONS. The cost of closing, if any, shall be paid by Buyer. 7. CLOSING OF THE SALE. WITH THE UNDERSTANDING THAT TIME IS OF THE ESSENCE FOR THIS AGREEMENT, this sale shall close on August I, 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. 8. CASUALTY LOSS. If prior to closing, improvements on said premises shall be destroyed or materially damaged by fire or other casualty, this agreement, at option of the Buyer, shall become null and void. 9. POSSESSION. Buyer shall be entitled to possession on closing. 10. SELLER'S REPRESENTATIONS. Seller represents: (a) that he/she will maintain the property in present or better condition until time of agreed possession, (b) that he/she has no knowledge or notice from any governmental/a~, ency of any violation of laws relating to the subject property except:. ~-/~r (c) that the property is not encumbered by any leases. 11. SELLER'S ENVIRONMENTAL REPRESENTATIONS. Seller represents that to the best of his knowledge that he is not aware of existence of, or has caused or allowed to be caused, any environment condition (including, without limitation, a spill, discharge or contamination) that existed as of and/or prior to the closing date or any act of omission occurring prior to the closing date, the result of which may require remedial action pursuant to any federal, state or local law or may be the basis for the assertion of any third party claims, including claims of governmental entities. This provision shall survive the closing and be in addition to Seller's obligation for breach of a representation or warranty as may be set forth herein. 12. SELLER'S INDEMNITIES: Seller agrees to indemnify and hold harmless the Buyer, against and in respect of, any and all damages, claims, losses, liabilities,judgments, demands, fees, obligations, assessments, and expenses and costs, including, without limitation, reasonable legal, accounting, consulting, engineering and other expenses which may be imposed upon or incurred by Buyer, or asserted against Buyer, by any other party or parties (including, without REAL ESTATE PURCHASE AND SALE AGREEMENT Page 2 o f 4 limitation, a governmental entity), arising out of or in connection with any environmental condition existing as of and/or prior to the closing date, including the exposure of any person to any such environmental condition, regardless of whether such environmental condition or exposure resulted from activities of Seller or Seller's predecessors in interest. This indemnity shall survive the closing and be in addition to Seller's obligation for breach of a representation or warranty as may be set forth herein. 13. DEFAULT AND ATTORNEY'S FEES. (a) Buyer's Default. IF BUYER DEFAULTS HEREUNDER, SELLER SHA! I, HAVE ALL THE RIGHTS AND REMEDIES AVAILABLE AT LAW OR IN EQUITY. (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. 14. 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 AGREEMENT HAS SIGNIFICANT LEGAL AND FINANCIAL CONSEQUENCES AND YOU ARE ADVISED TO SEEK INDEPENDENT LEGAL AND FINANCIAL COUNSEL REGARDING THESE CONSEQUENCES. If you do not understand the effect of any part, consult your Attorney before signing. 15. 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. 16. NOTICES. All notices required or permitted to be given hereunder shall be in writing and shall be sent U.S. certified mall, return receipt requested, or by facsimile transmission addressed as set forth below: (a) All notices to be given to Buyer shall be addressed as follows: Mayor City of Bremerton 239 Fourth Street Bremerton, Washington 98337 (b) All notices to be given to Seller shall be addressed as follows: REAL ESTATE PURCHASE AND SALE AGREEMENT Page 3 of 4 Terry Ryon P.O. Box 4061 Bremerton, WA 98312-0061 Either party hereto may, by written notice to the other, designate such other address for 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. 17. 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. 18. 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. 19. 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. 20. EXPIRATION OF OFFER. Buyer shall have only until 5:00 p.m. on ~x a, ~ ~'4- / 2Ot~'~-> , to accept the purchase and sale agreement as written, by delivering a signed copy thereof to the Buyer or the Buyer's agent. If Seller does not so deliver a signed copy within said period, this agreement shall lapse and all right of the parties hereunder shall terminate. 1N WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set forth below. BUYER: SELLERS: Cary ~BB°-~el~"an' MT°r~---~ ,'t, , t Terry Ryon Dated: ~'//~7///~ ~ Dated: APPROVED AS TO FORM: B ~' '~Roger A. Lubovich, City Attorney R:\LEGAL~Departments-General~Parks\REPS~ REAL ESTATE PURCHASE AND SALE AGREEMENT Page 4 of 4 EXHIBIT "A" ORDER NO.: 32070394 PARCEL B: THAT PORTION OF THE FOLLOWING DESCRIBED PROPERTY LYING WESTERLY OF PRICE ROAD: THE SOUTH HALF OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORI'HEAST QUARTER OF SECTION 20, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON; EXCEPT ROAD. · .. END OF EXHIBIT "A"... Page 1 PACIFIC NORTIEWEST TITLE mT.~.~.~ Ro~.~.~'. P.O. l~x 3607 Sil~ntal*. Wa.r~ngton 98383 ~} 6~141 N IMPORTANT: This is not a Plat of Su~ey. Itis~mish~asac~en~cetol~te~e~ ~: indimt~ ~ boron ~ mfemnco to ~re~ and other l~d. ~o I~bi~ ~ ~m~ by r~son ~ r~l~,:: hor~n. Poaion of Section ~O ,Township3q No~h, ~anOe I~st, '~,M. ~ ! o2~ :2~ ~': EXHIBIT B Departmentthe Interior United States of NATIONAL PARK SERVICE Pacific West Regional Office 1111 Jackson Street, Suite 700 [Iq REPLy REFER TO: Oakland, California 946074807 L3217(POSO/PP) Mr. James Spencer Bremerton Parks and Recreation 680 Lebo Boulevard Bremerton, WA 98310 Subject: Release of Covenant - West Park Tract III (WA 586B) Dear Mr. Spencer: Please find enclosed a copy of a deed release for the 0.18 acre parcel, the subject of an encroachment by the adjoining property owner. Also enclosed is a copy of the executed agreement, previously approved by the city council, providing the city up to 240 days for the acquisition of replacement property. Prior to the acquisition of replacement property the city is obligated to obtain a NPS determination of the replacement property's recreation utility and provide for the preparation and approval of an appraisal of the property's fair ~narket value. If you have any questions, please do not hesitate to contact Gary Munsterman, Federal Lands to Parks Program Coordinator at 510-817-1445. Please keep Mr. Munsterman apprised of your efforts in obtaining replacement property. Sincerely, -- Regional Direc of~, Pacific West Region Enclosures ATTACHMENT A AGREEMENT CONCERNING CONVERSION AND REPLACEMENT OF PROPERTY CONVEYED FOR PARK AND RECREATION USE WHEREAS, on March 12, 1976 the Bureau of Outdoor Recreation acting for the Secretary of Interior, on behalf of the United States of America, granted the City of Bremerton, a political subdivision of the State of Washington a quitclaim deed to three parcels of land (Tracts I, II, and III) containing approximately 3.79 acres and located in Section 16, Township 24 North, Range 1 East, Willamette Meridian, and recorded in the Office of the Kitsap County Auditor as file number 1126171; and WHEREAS, on December 16, 1980, the City of Bremerton released and relinquished approximately one acre contained in Tract I to the United State of America by document recorded in the Office of the County Auditor as file number 1126171; and WHEREAS, in August 1998 the City of Bremerton, hereinafter called City, advised.the National Park Service, hereinafter called NPS, as the successor to the Bureau of Outdoor Recreation of an encroachment of an adjoining automobile sales lot onto Tract III, a 0.18 acre parcel, including improvement of the property to the extent that it was impracticable for continued use for park and recreation purposes; and WHEREAS, City commissioned the preparation of appraisal reports in October 1998 and May 2002 on the value of Tract III for the purposes of providing for conversion and replacement of the property with property of similar market value and recreation utility; and WHEREAS, the October 1998 appraisal found the value of Tract III to be $51,000 and the May 2002 appraisal found the value of Tract III to be $53,000. WHEREAS, City negotiated and accepted an offer of $51,000 from the party responsible for the encroachment onto Tract III on March 13, 2002, and WHEREAS, the May 2002 appraisal was commissioned at the request of the NPS and General Services Administration to provide a current valuation for Tract III; and WHEREAS, City has unsuccessfully pursued the acquisition of replacement property adjoining a 30 acre park parcel located on Kitsap Lake; and WHEREAS, the terms and conditions of the deed restricts the use of the subject property for park and recreation purposes and prohibit the sale, lease, or assignment ofthe described property except to another eligible governmental agency approved in writing by the Secretary of the Interior; and WHEREAS, City continues to pursue the possible acquisition of alternate replacement properties adjoining park property on Kitsap Lake. WHEREAS, City on July 31, 2002 requested a release of the covenants and restrictions on Tract Ill to permit a transfer of interest to the party responsible for the encroachment onto Tract III, reserving the proceeds of this transaction for later investment in replacement property; and City of Bremerton, WA/National Park Service Page I of 3 Agreement for the Replacement of Property Transferred for Park Purposes RELEASE OF USE RESTRICTIONS AND QUITCLAIM DEED WHEREAS, on March 12, 1976 the Bureau of Outdoor Recreation acting for the SeCretary of Interior, on behalf of the United States of America, granted the City of Bremerton, a political subdivision of the State of Washington a quitclaim deed to three parcels of land (Tracts I, [I, and III) containing approximately 3.79 acres and located in Section 16, Township 24 North, Range I East, Willamette Meridian, and recorded in the Office of the County Auditor as file number 1126171; and WHEREAS, on December 16, 1980, the City of Bremerton released and relinquished approximately one acre contained in Tract I to the United State of America by document recorded in the Office of the County Auditor as file number 1126171; and WHEREAS, in August 1998 the City of Bremerton advised the National Park Service as the successor to the Bureau of Outdoor Recreation of an encroachment of an adjoining automobile sales lot onto Tract III, a 0.18 acre parcel, including improvement of the property to the extent that it was impracticable for continued use for park and recreation purposes; and W~rIEREAS, the City of Bremerton commissioned the preparation of appraisal reports in October 1998 and May 2002 on the value of Tract III for the purposes of providing for conversion and replacement of the property with property of similar market value and recreation utility; and WHEREAS, the City of Bremerton has unsuccessfully pursued the acquisition of replacement property and commits through separate agreement to reserve the proceeds from the conversion of Tract III for the acquisition of replacement property with a value not less than the fair market value of Tract III; and WHEREAS, the terms and conditions of the deed restricts the use of the subject property for park and recreation purposes and prohibit the sale, lease, or assigameut of the described property except to another eligible governmental agency approved in writing by the Secretary of the Interior; and WHEREAS, the National Park Service finds said release will not prevent the accomplishment of the purpose for which the property was transferred and the terms and conditions provided for t~lldcr agreement will protect and advance the interest of the United States; and WHEREAS, the General Services Administration has concurred with the valuation and agreement for replacement of the converted property in accordance with Federal Property and Administrative Services Act [40 U.S.C. 484 (k)(4)]. NOW TI-I~EREFORE, in accordance with Federal Property and Administrative Services Act [40 U.S.C. 484 (k)(2)] the Secretary of the Interior, acting by and through the Director of the National Park Service, hereby quit claims and releases Tract III, as described in a deed executed on March 12, 1976 and recorded in the Office of the County Auditor as file number 1126171 from the covenants and restrictions contained therein. City of Bremerton, WA - West Park Tract II1 Page 1 of 2 Release of Use Restrictions and QuitClaim Deed UNITED STATES OF AMERICA CITY OF BREMERTON q ~..R~ ~-'~, [iV ~-.~ ay Murray Planning and Partnership Team Leader National Park Service, Pacific West Region Title Date [(~' r,b'-~ 0'Z_. Date City of Bremerton, WA/National Park Service Page 3 of 3 Agreement for the Replacement of Property Transferred for Park Purposes 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~, a copy of 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, if 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 refimded. 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 re~user, 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's 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: THE CITY OF B~E,~~ Cary ayor Terry D. Ryon Dated: '~- ~Q-¢~ Dated: -[/2~/o ~ APPROVED AS TO FORM: By:~ -~.~: Roger A. Lubovich, City Attorney 2 of 2 . S :; . ,~ ,' : Return ~dress: Ci~ of Bremc~on 239 - 4th S~eet Breme~on, WA 98337 BRDERTON CITY OF COVEN ~1 O0 Kitsap Co, ~A : AUDITOR/RECORDER'S INDEXING FORM Document Title(s): 1. Covenant a~dRestriction Reference Number(s) of Documents assigned or released: Grantor(s): ], City o£BremcTton [] Additional names on page of document. Orantee(s): 1. The Public [] Additional names onpage of document. Legal DescriBtion: NE/NW S20 T24N R1E, W.M., Kitsap County, Washington (abbreviated) [] Additional legal is on page 1 of document. Assessor's Property Tax Parcel/Account Number: 202401-2-001-2008 and -m,',,,~, ,, ,,.= -,,~,~^ ~o,aqOl-~-o35-zoo~ COVENANT AND RESTRICTION WHEREAS, on March 12, 1976 the Bureau of Outdoor Recreation acting for the Secretary of Interior, on behalf of the United States of America, granted the City of Bremerton, a political subdivision of the State of Washington a quitclaim deed to three parcels of land (Tracts I, II, and III) containing approximately 3.79 acres and located in Section 16, Township 24 North, Range 1 East, Willamette Meridian, and recorded in the Office of the Kitsap County Auditor as file number 112617 I; and WHEREAS, on October 29, 2002, upon request, the National Park Service released the covenants and restrictions regarding the use of Tract III in consideration of an agreement between the City of Bremerton and the National Park Service effective on October 15, 2002 for the identification and acquisition of property with equal or greater recreation utility and market value and the imposition of covenants and restrictions by the City of Bremerton on behalf of the United States of America concerning the recreation use of acquired property as contained within the deed executed on on March 12, 1976 by the Bureau of Outdoor Recreation acting for the Secretary of Interior, on behalf of the United States of America, granting to the City of Bremerton, a political subdivision of the State of Washington three parcels of land (Tracts I, ii, and Iii) containing approximately 3.79 acres and located in Section 16, Township 24 North, Range 1 East, Willamette Meridian, and recorded in the Office of the Kitsap County Auditor as file number ! 126171. WHEREAS the City of Bremerton has acquired the following described properties with a cumulative appraised value of $48,000; Parcel A: The east half of the north half of the Northeast Quarter of the Northwest Quarter, Section 20, Township 24 North, Range 1 East, W.M. in Kitsap County, Washington; except that portion conveyed to Kitsap County for road purposes by Auditors File No. 826622, and containing approximately 9.54 acres. Parcel B: That portion of the following described property lying westerly of Price Road: The South half of the North half of the Northwest Quarter of the Northeast Quarter of Section 20, Township 24 North, Range 1 East, W.M. in Kitsap County, Washington, except road, containing approximately 0.87 acre. WHEREAS the City of Bremerton plans to construct a perimeter walkway with observation areas for the purpose of providing environmental experiences and learning opportunities on the wetland flora and fauna with an estimated cost of $1,500,000. WHEREAS, the National Park Service and the General Services Administration accept the future improvement of above described properties for the purpose of providing equivalency of value between Tract III and Parcels A and B above. NOW THEREFORE, in consideration of the described agreement, the City Bremerton does hereby covenant and agree to irrevocably impose on behalf of the United States of America, acting by and through the National Park Service, covenants and restrictions contained within a deed dated March 12, 1976 from the Bureau of Outdoor Recreation acting for the Secretary of Interior, on behalf of the United States of America, granting the City of Bremerton, a political subdivision of the State of Washington City of Bremer~on Covenant and ~ m Kitsap Lake Wetland Pr°perry ]]ll///It/It##ll//ll/#l/ttIIt#/ll//ffll#l//I//tl[~~1T¥ OF 004061 801 20 Page I of 2 three parcels of land (Tracts 1, II, and 111) containing approximately 3.79 acres and located in Section 16, Township 24 North, Range 1 East, Willamette Meridian, and recorded in the Office of the Kitsap County Auditor as file number 1126171 on the following described parcels; Parcel A: The east half of the north half of the Northeast Quarter of the Northwest Quarter, Section 20, Township 24 North, Range 1 East, W.M. in Kitsap County, Washington; except that portion conveyed to Kitsap County for road purposes by Auditors File No. 826622, and containing approximately 9.54 acres. Parcel B: That portion of the following described property lying westerly of Price Road: The South half of the North half of the Northwest Quarter or the Northwest Quarter of Section 20, Township 24 North, Range 1 East, W.M. in Kitsap County, Washington, except road, containing approximately 0.87 acre. The City of Bremerton further covenants and agrees to diligently pursue the improvement of the above- described property with an investment of non-federal funds or equivalent in-kind services representing not less than $5,000 within five years of the date of this covenant and restriction. CITY OF BREM~ON By~ ~' ~---~ '~ ',STATE OF WASHINGTON) ) iCOUNTY OF KITSAP ) On this~day of ~ 20~ before me, the undersigned nota, the subscriber personal y appeared and betng the d~ly ~thonzed officml of City of Breme~on, Washin~on and ~own to me to be the sine person described hereto and who executed the foregoing on behalf of the C~ of Breme~on, Washingt . s described herein. ~~~. Witness my hand and official seal. ~ CiW of Breme~on Covenant and Restriction KitsapL~eWetl~dPropeay 04 11 BREI~ERT0~q CITY 0F C0tJEN ~1.00 Kitsap C0, ~8