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HomeMy WebLinkAbout000748 Original Contract ~ City mfPort Angeles Record #000748 2014-1308142 paao / of z Quit Claim ue^u cp�t ��e 05/16/2014 /m.�.� � ---- -- aU�0Pn�8�N�0k��ok����mx-mm�/�/mmow�mvnr��Y m�/m (7 (y CLwLL"IC()UHTv AFTER RECORDING RETURN TO: TR*NSACr/OwExC|SE IAx —f� CAI E. ���� � � ���� Legal Department ��"D "`^r"" " � ��ov City o[Port Angeles A14h@wmI P.O. Box ll50, 32lE 5th St (A) REF /Pod Angeles,W/ 983h2 v � DOCUMENT: QUIT CLAIM DEED GRANTORS: Camp Fire Snohomish County Council, u branch ofCamp Fire, o non- profit corporation. GRANTEE: City o[Port Angeles QUIT CLAIM DEED The GRANTORS, The Juan de Fuca Council of Camp Fire USA, hereafter merged under Camp Fire Snohomish County Council, ohcauob of Camp Fire, uoon'proO\ corporation, and pursuant tothe Purchase and Sale Agreement and the Campfire Facility Use Agreement approved by City Council on And| l, 2014, does convey and quit claim to the GRANTEE, City o[Port Angeles, the following described building located on the rcu| eutoLo sibzu1cd in the County of C}aUorn, State of Washington described ua fhUmvvx: The building commonly known as the Camp Fire Clubhouse, addressed as 619 E 4 th Street,located on City-owned land situated in the Southwest comer of Suburban Lot oumherTx'cnb+bwo(22)oftho[]niicdS1utoagovecunncutTonnoibcofPod/\ngc)os, ClxUucoCounty, VVuobiugdou, more particularly described as follows: Commencing o1 the Southwest comer of said Suburban Lot number Twenty two(22)` which point is also the Southeast comer of Lot Twenty-four(24)of the Puget Sound Cooperative Colonys, Subdivision of Sururban Lot number Twenty-three(23) of the United States Government Iovvuuitenf Port Angeles, Clu|lum County,Washington; thence Easterly along the North margin ofFourth Street in said City of Port Angeles, a distance of 107 feet more or less to o point at the iu1ecmucdou of said Northerly margin of Fourth 3bce\ with u nefoiu concrete oidc`vo|k now existing upon the premises herein described and running in a general Northerly and Southerly direction from the said Northerly margin of Fourth Street to a certain Club House Building now '!- existing on said premises;thence Northerly and parallel to the Easterly boundary line of said Lot Twenty-four (24), a distance of 140 feet more or less to the Southerly margin of the alley running through said Block 64 and said Suburban Lot number Twenty-two (22); thence Westerly along the Southerly margin of such alley to the intersection thereof with the Easterly boundary of said Lot Twenty-four (24), a distance of 78 feet more or less;thence Southerly along the Easterly boundary of said Lot Twenty-four(24), a distance of 140 feet more or less to the point of beginning. Dated this f 4, day of April, 2014. GRANTEES: Camp Fire Snohomish County Council By: J'Kta'4) David A. Surface, Exe6five Director STATE OF WASHINGTON) ss. County off..°.. On this °day of April, 2014,before me,the undersigned,a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared David A. Surface, Executive Director of Camp Fire Snohomish County Council,to me known to be the individual that executed the foregoing instrument, and acknowledged the sac instrument to be his free and voluntary act and deed for the uses and pure e therein jr coned, an on oath stated he is authorized to execute the said instrument as E tivePfrector f Camp Fi e Snohomish County Council. A r d tary Public in and the State of Washington, residing at RooAageIes. Wk My commission expires f �1 Poe r i i f s i C -2- Department of Revenue Washington State REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt PLEASE TYPE OR PRINT CHAPTER 82.45 RCW—CHAPTER 458-61A WAC when stamped by cashier. THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETED ❑Check box if partial sale of property (See back of last page for instructions)If7multiple owners,list percentage ofownership next to name Name Camp Fire Snohomish County Council Name City of Port Angeles a branch of Camp Fire,a non-profit corporation Mailing Address 4312 Rucker Avenue w z Mailing Address P.O.Box 1150 c� City/State/Zip Everett,WA 98302 City/State/Zip Port Angeles WA 98362 Phone No.(including area code) Phone No(including area code) (360)417.4636 Send all propeny tax correspondence to:MSaineasBuyer/Grantee List all real and personal property tax parcel account List assessed alue(s) numbers—check box if personal property Name Exempt 3e) 00 — y Mailing Address 119'21 2 0 0 40 0 4) City/State/Zip Phone Na.(including area code) e)�z sy ❑ Street address of property 619 East 4th Street,Port Angeles, WA This property is located in Clalkirn(..ounty ❑Check box if any of the listed parcels are being segregated from another parcel,are part of boundary lineadjustruent or parcels being merged. Legal description of property(if more space is needed,you may attach a separate sheet to each page of the affidavit) See Attached. Select Land Use Code(s): List all personal property frangible and intangible)included in selling 115'.I.ct L-d(Jec,C,,,Jas price. enter any additional codes: (See back of last page For instructions) YES NO Was die seller receiving a property tax exemption or defenal under El ❑ chapters 84.36,84.37,or 84.38 RCW(nonprofit organization,senior citizen,or disabled person,homeoNvner with limited income)? ff— YES NO If claiming an exemption,list WAC number and reason for exemption: Is this prcpery designated as forest land per chapter 84.33 R(V? ❑ ❑ WAC No.(Sect i on/Subsecti on) Gift Is flus property classified as current use(open space,fame and ❑ Reason for exemption agricultural,or timber)land per chapter 8434? Is this property receiving special valuation as historical property Non-Profit per chapter 84.26 RCW? Ifany answers are yes,complete as instructed below. Type ol'Document Quit Claim Deed (1)NOTICE OF CONTINUANCE(FOREST LAND OR CURRENT USE) Date ofDocunient 4/16/14 NEW OWNER(S):To continue the current designation as forest land or classification as current use(open space,farm and agriculture,or timber)land, Gross Selling Price S 0.00 you must sign on(3)below.The county assessor must then determine ifthe land transferred continues to qualify and will indicate by signing below,Ifthe *Personal Property(deduct) S lai)diioloiiger qualifies oi-yoti(do not wish toconfinuethedesignation or Exemption Claimed(deduct) S classification,it will be removed and the compensating or additional taxes will be due and payable by die seller or transferor at die time of sale.(RCW Taxable Selling Price S 0.00 84.33,140 or RCW 84.34.108).Prior to signing(3)below,you may contact Excise Tax:State S 0.00 your local county assessor for more inforniation. I Local S 0.00 This land ❑does []does not qualiAll'orcontinuance. *Delinquent Interest: State S Local S DEPUTY ASSESSOR DATE *Delinquent Penalty $ (2)NOTICE OF COMPLIANCE(HISTORIC PROPERTY) NEW(OWNER(S):To continue special valuation as historic property, Subtotal $ 0.00 sign(3)below.If the new owner(s)does not wish to continue.all *State Technology Fee S 5.00 additional tax calculated pursuant to chapter 84.26 RCW,shall be due and payable by the seller or transferor at the time of sale. *Affidavit Processing Fee S (3) OWNER(S)SIGNATURE Total Due S 10.00 PRINT NAME A MINIMUM OF$10.00 IS DUE IN FEE(S)AND/OR TAX *SEE INSTRUCTIONS I CERTIFY UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TR CORRECT tu Signare of Signature of Grantor or Grantor's Agent J444�e Grantee m•Grantee's Agena Surface,Executive Director l/ Name(print) David A. — Name(print) Dan Di Guilio,Mayor Date&city of'signing: May 2014 4V6jefrj_ Date&city,cif signing: May/1i 2014 Perjury:Perjury is a class Cfelon)which is punishable by imprisonment in the state correctional institution for a maximum tens of'not more than five years,or by a fine man amount fixed by the C01111 of'not more than five thousand dollars($5,000.00),or by both imprisonment and fine(RCW 9A.20.020(IC)). REV 84 0001a(2/24/14) THIS SPACE-TREASURER' USE ONLY TAXPAYER U The building commonly known as the Camp Fire Clubhouse, addressed as 619 E 4`" Street, located on City-owned land situated in the Southwest corner of Suburban Lot number Twenty- two (22) of the United States government Townsite of Port Angeles, Clallam County, Washington, more particularly described as follows: Commencing at the Southwest comer of said Suburban Lot number Twenty two(22), which point is also the Southeast comer of Lot Twenty-four (24) of the Puget Sound Cooperative Colonys Subdivision of Sururban Lot number Twenty-three (23) of the United States Government Townsite of Port Angeles, Clallarn County, Washington; thence Easterly along the North margin of Fourth Street in said City of Port Angeles, a distance of 107 feet more or less to a point at the intersection of said Northerly margin of Fourth Street with a certain concrete sidewalk now existing upon the premises herein described and running in a general Northerly and Southerly direction from the said Northerly margin of Fourth Street to a certain Club House Building now existing on said premises; thence Northerly and parallel to the Easterly boundary line of said Lot Twenty-four (24), a distance of 140 feet more or less to the Southerly margin of the alley running through said Block 64 and said Suburban Lot number Twenty-two (22); thence Westerly along the Southerly margin of such alley to the intersection thereof with the Easterly boundary of said Lot Twenty-four (24), a distance of 78 feet more or less; thence Southerly along the Easterly boundary of said Lot Twenty-four (24), a distance of 140 feet more or less to the point of beginning. REAL ESTATE EXCISE TAX PO Box 47477 SUPPLEMENTAL STATEMENT Oly ra.WA 98504-7477 (W�-158-6|A-304) This form must be submitted with the Real Estate Excise Tax Affidavu(FORNI REV w000/^for deeded transfers and Form REV 84 000113 for controlling interest transfers)for claims oftax exemption as provided below,Completion^rmis form" required for the types ofreal property transfers listed in numbers 1-3 below.Only the first page ofthis form needs original signatures. AUDIT.Information you provide on this form is subject to audit by the Department ofRevenue. m tile event^run audit,xmthe taxpayers'responsibility m provide documentation m support the selling price o,any exemption claimed. This documentation must u,maintained for u minimum nr four years from date oc,^/,(m(.'vvoz 45 /uo)Failure`^provide supporting documentation when requested may result in the assessment^r tax,penalties,and interest. Any filing that is determined w»o fraudulent will carry u 50%evasion penalty in addition to any other accrued penalties or interest when the tax is assessed. pa000uv�Perjury iux class c felony which io punishable u'imprisonment.n^stumvvmec,~mu.mu^xni^ouxumo =um 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 ($5.uou.00)`v,hx both imprisonment and fine iaCw9A zunzu(/(2)) The persons signing below do hereby declare under penalty of perjury that the following is true(check appropriate statement): /. []DATE nv SALE:(nxc450-am-n/wz}) 1,(print name) certify that tile (type of instrument),dated was delivered to me in escrow by (seller's name).NOTE:Agent named here must sign below and indicate name of firm.The payment ofthe tax is considered current if it is not more than 90 days beyond the date shown on the instrument.If it is past 90 days,interest and penalties apply to the date of the instrument. Reasons held in escrow s.goatom Firm Name z. cIrrs:(wAc4m-am-zo/)The gift orrnmtyi,mn-mxuuc;however,any consideration received i,not a gift and i,taxable.The "ome exchanged w paid for equity Plus the amount ofdebt equals the taxable amount.One"rmo boxes below Must^ochecked. Both Grantor(sex,r)and Grantee(buyer)M o,sionuu|ow Grantor(oa|e,)gifts equity valued u,$________m grantee(uovv,). NOTE:Examples mdifferent transfer types are provided wo the back.This ism assist you with correctly completing this form and paying your tax. "Conmo,r*tioo^means money m anything omo|ue.either tangible(»oau.motor homes,etc)o,intangible,paid o,delivered,n/ contracted w»o paid v,delivered,including performance ofmmuoo.in return for the transfer ofma property.The term includes the amount vruo'lien,mortgage,contract indebtedness,^r other encumbrance,given m secure the purchase price,or any part thereof,o, remaining unpaid un the at the time ofsale."Consideration"includes the assumption ofan underlying debt on the property u'the buyer at the time otransfer. A. Gifts with consideration 1.[] Grantor(one4 has made and will continue to make all payments after this transfer the total debt of and has mc"vruoomuuummor(uu'm)$ (include mmisogommv,o|ue^r^^r items received m exchange for nmpenr).Any consideration received,v grantor i,taxable. z.[| Grantee(boro)will make payments^n %^/total debt^r$________.for which grantor(sa/o,} iu liable and pay grantor(xrx^r)$_______(include in this figure the value uruny items received.0 exchange for wvpenr).Any consideration received uy grantor/otaxable. B. Gifts without consideration /.Fy/J There.xuu debt vn the property,Grantor Vonm1 has not received any consideration towards u\uur No tax/odue. z.[] Grantor(,noo`)has made and will continue m make|uom^rmc payments oil the total debt"r$________ and has not received any consideration towards equity.w^mxi,uu*. a.[] Grantee(uuxo,)has made and will continue tvmake/onmocmv payments on total debt^r and has not paid grantor(,a|o,)any consideration towards equity.mo tax iodue. *. Grantor(»a|c,)and grantee(u )xu,,muuounu°ixmminocmmuxuraymcmvn^mjomta,u000t^nmm debt before and after the transfer.Grantee(buyer)has not paid grantor(seller)any consideration towards equity. w^tax*due. Has there been^,will there boa refinance vr the debt? [],ca mo(xrm.please call(3uo)5m'3zaxm see irmiv transfer i,tux^uo).uaumwr(yu|ed was^u title m co-signor only,please see v/»cmx-o/A'z|5 for exemption requirements. The undersigned acknowledge this transaction may u"subject w audit and have read the above information regarding record-keeping requirements and evasion penalties. Grantor's Signature Date Grantee's Signature uate,, David A. Sutface. Dan Di Guilio,, Ma��or ~ Grantor's Name(print) Executive Dir. Gi�6�T'x Name(print) s. [:1 IRS"TAX DEFERRED"EXCHANGE(wAc4�x-o/x-z/3) z.(print name) certify that/um acting m:m Exchange Facilitator in transferring real property to pursuant/o/xc Section /na/.and in accordance with wxc45n-o/A-u/s NOTE:Exchange Facilitator must sign below. Exchange Facilitators Signature For tax assistance.contact your local County n= t/xec~de,oi vi^u*xdo,°, call pw.5m^zo,r inquire about the availability^r.h~document." =alternate format,please call/-800*7-rn*Teletype oTA",users=vuse the Washington Relay Service by calling 711, REV 94 0002ca(10/9/13) TAXPAYER AMO.Y" ORT® i �@ N'Gltli'S d / f WASH S H I N G T, �� O N, U. S. A. Legal Department May Ma 6, 2014 I'h1 li 0 L Ae4 l Y Camp Fire Snohomish County Council David A. Surface, Executive Director 4312 Rucker Avenue `. Everett, WA 98302 y� Re: Excise Tax Affidavit and Supplement for QCD from Camp Fire to City of Port Angeles r Dear Mr. Surface: Enclosed please find four original Real Estate Excise Tax Affidavits along with the Supplemental Statement. Please sign, date, and fill in City, all where indicated and f� return them to us in the enclosed return envelope. These will accompany the Quit r Claim Deed which you have already signed, when filed and recorded with our County. r � d F,tt ai a Very truly yours, � y Y Y 4 Jeanie DeFrang ' Legal Administrative Assistant x � }7 5 "V ,d Y Phone: 360-417-4530!Fax: 360-417-4529 /TTY: 360-417-4645 Website: www.cityofpa.us 321 East Fifth Street - P.O. Box 1150! Port Angeles, WA 98362-0217 PURCHASE AND SALE AGREEMENT The undersigned Purchaser, City of Port Angeles ("City"), agrees to purchase and the undersigned Seller, The Juan de Fuca Council of Camp Fire USA, hereafter merged under Camp Fire Snohomish County Council ("Seller"), a branch of Camp Fire, a non-profit corporation, agrees to sell, on the following terms, the personal property described as follows: The building commonly known as the Camp Fire Clubhouse, addressed as 619 E 4th Street, located on City-owned land situated in the Southwest corner of Suburban Lot number Twenty-two (22) of the United States government Townsite of Port Angeles, Clallam County, Washington, more particularly described as follows: Commencing at the Southwest corner of said Suburban Lot number Twenty two(22), which point is also the Southeast corner of Lot Twenty-four (24) of the Puget Sound Cooperative Colonys Subdivision of Sururban Lot number Twenty- three (23) of the United States Government Townsite of Port Angeles, Clallam County, Washington; thence Easterly along the North margin of Fourth Street in said City of Port Angeles, a distance of 107 feet more or less to a point at the intersection of said Northerly margin of Fourth Street with a certain concrete sidewalk now existing upon the premises herein described and running in a general Northerly and Southerly direction from the said Northerly margin of Fourth Street to a certain Club House Building now existing on said premises; thence Northerly and parallel to the Easterly boundary line of said Lot Twenty- four (24), a distance of 140 feet more or less to the Southerly margin of the alley running through said Block 64 and said Suburban Lot number Twenty-two (22); thence Westerly along the Southerly margin of such alley to the intersection thereof with the Easterly boundary of said Lot Twenty-four (24), a distance of 78 feet more or less; thence Southerly along the Easterly boundary of said Lot Twenty-four (24), a distance of 140 feet more or less to the point of beginning. 1. CONSIDERATION. The above described personal property shall be conveyed to the City by a quit claim deed in consideration of granting the attached facility use agreement that grants the Camp Fire Snohomish County Council, a non-profit corporation, continued no-cost access to the building. The deed will be executed on April 9, 2014. . ^ ^ / ` 2. CONVEYING. Seller will provide to the City a deed upon the signing of this agreement that conveys all rights, title, and interest in the building. Upon receipt of the quit-claim deed, the City will be solely responsible for the building, and the City will execute a facility use agreement with the Camp Fire Snohomish County Council. 3. CAUSALTY CLAUSE. |f prior to delivering the deed, the building shall be destroyed or materially damaged by fire or other casualty, this agreement, at the option of the City, shall become null and void. |f the City elects to purchase the property despite the loss, the City shall notify Seller of its intent within 20 days of being notified of such loss. 4. CONDITION K]F TITLE. Unless otherwise specified in this Agreement, Seller has no knowledge of an encumbrances or defects to the title of the building that interfere with the City's use ofthe building. CAMP FIRE SNOHOMISH COUNTY CITY OF PORT ANGELES COUNCIL David A.Surface,Executive Dimott/ Qty Manager Date Signed: 201y Date Signed: 14 to Form: Attest: city rk � � � FACILITY USE AGREEMENT BETWEEN THE CITY OF PORT ANGELES AND CAMP FIRE SNOHOMISH COUNTY COUNCIL his Facility Use Agree ent ("Agreement") is made and entered into this day of V 20 It by and between the City of Port Angeles, ("City"), a _P Washington municipal corporation, and the Camp Fire Snohomish County Council, ("Camp Fire) a Washington non-profit corporation. WHEREAS, the City is the owner/manager of the Camp Fire Clubhouse (Clubhouse), located at Jesse Webster Park, Port Angeles, Washington and thus responsible for all Clubhouse utilities, maintenance, and expense except as outlined in this Agreement; and WHEREAS, the Juan de Fuca Council of Camp Fire, donated the building to the City for the public's use; and WHEREAS, the Juan de Fuca Council of Camp Fire, has merged with the Camp Fire Snohomish County Council, NOW, THEREFORE, in consideration of the donation of the Camp Fire Clubhouse to the City promises and commitments made herein, the sufficiency of which is hereby acknowledged, it is agreed as follows: 1. Premises. The City hereby agrees to allow Camp Fire to use the Clubhouse upon the following terms and conditions: 2. Tenn. This Agreement shall be deemed to be in full force and effect as of April 9, 2014. The use permitted under this Agreement shall remain in effect until terminated by Camp Fire, or the building is unsafe or otherwise uninhabitable by the public. 3. Use. A. Camp Fire shall have exclusive use of the Clubhouse the second Saturday of each calendar month from the hours of 12-6 pm. Camp Fire shall have exclusive use of the Clubhouse during the last full week of June of each calendar year. Camp Fire shall have exclusive use of the Clubhouse the last full week of July of each calendar year. Camp Fire may also request additional days of exclusive use of the Clubhouse with 30 days advance notice to the City and be granted such request as long as the Clubhouse is not otherwise in use. Camp Fire will have the use of the Clubhouse free of charge, but must abide by all City rules and ordinances regarding the building, including returning the building to the City in a reasonably clean condition and free of any damage. B. Camp Fire will have exclusive use of one room for a business office. The location of this office is in the northwest comer of the Clubhouse, designated as the Camp Fire Office Space. Camp Fire will retain the keys to this office and will pay for a landline telephone for the office. Camp Fire will provide a duplicate office key to the City and will allow the City access upon five days notice. In the event of an emergency, the City may enter the office area without prior notification, but will inform Camp Fire within 48 hours of entry. C. Camp Fire will have exclusive use of the attic area for storage purposes and club meetings. Camp Fire will retain the keys to the attic area. Camp Fire will provide a duplicate key to the City and will allow the City access upon five days notice. In the event of an emergency, the City may enter the attic area without prior notification, but will inform Camp Fire within 48 hours of entry. D. Camp Fire will not store any illegal, dangerous, or contraband items in the Clubhouse. Any items stored in the building by Camp Fire will be at Camp Fire's risk and Camp Fire will indemnify and hold the City harmless for any items stored in the Clubhouse as those items will not be covered by the City or the City's insurance. 4. Indemnification. Camp Fire shall defend, indemnify and hold harmless the City of Port Angeles, its officials, employees and volunteers from and against any and all claims, suits, actions or liabilities for injury or death of any person, or for loss or damage to property, which arises out of the use of the Clubhouse by Camp Fire, or from any activity, work or thing done, permitted, or suffered by user in or about the facility or premises while in use by Camp Fire, except only as such injury or damage as shall have been occasioned by the sole negligence of the City of Port Angeles. 5. Assignment. This Agreement may not be assigned or transferred without the written approval of the City. 6. Notice. Any notice or information required or permitted to be given to the parties under this Agreement may be sent to the following addresses unless otherwise specified in a subsequent written directive: City of Port Angeles Corey Delikat, Director of Parks and Recreation P.O. Box 1150/ 321 E. 5"' Street Port Angeles, WA 98362 Camp Fire Snohomish County Council David A. Surface, Executive Director 4312 Rucker Ave. Everett, WA 98302 7. Governing Law. This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of Washington. Venue for any claims that might flow from this Agreement shall be with the Clallam County Superior Court. 8. Entire Agreement. By signing this Agreement the City of Port Angeles and Camp Fire understand and concur that this Agreement is considered to be all of the covenants, promises, agreements and conditions, oral or written between the parties. The parties hereby agree that this document contains the entire agreement between the parties and that this Agreement shall not be modified, changed, altered or amended in any way except through a written amendment signed by all of the parties hereto. IN WITNESS WHEREOF, the City and Camp Fire have executed this Agreement the date and year indicated. CITY OF PORT ANGELES By: Dan McKeen City Manager CAMP FIRE SNOHOMISH COUNTY COUNCIL By: David A. Surface Executive Director Attest: LAa"J"kw�( — Jan s Hurd, City Clerk Approved as to form: William Bloor, City Attorney