HomeMy WebLinkAbout001128 Original Contract City of Port Angeles
Record # 001128
September 1, 2016
Dan McKeen, City Manager
City of Port Angeles
321 East 5"' Street
Port Angeles, WA 98362
Re: Counter Offer
Dear Dan:
We are in receipt of your attached letter dated August 30, 2016 for a purchase price of$350,000 and
are prepared to accept the offer therein contained on the following conditions:
1. The offer is approved and closed as soon as possible, but no later than October 3, 2016, of
mutual acceptance hereof by the City Council.
2. Title insurance cost, and escrow fees and all closing costs to be split 50/50 between the Buyer
and Seller.
3. Title transfer shall be by Quit Claim Deed.
4. The sale shall be closed in escrow at: Advantage Escrow.
5. Real Estate Taxes shall be pro-rated at closing.
Note: There is a balance owing on the property of approximately$120,000 at Sound Community
Bank. Said balance shall be paid off from the proceeds hereof from escrow.
Sincerely Burt and Kiki Reid
_'_/ -
The City Accepts the above counter offer with the following conditions:
1. City Council approval
2. Title insurance showing good marketable title
3. Satisfactory environmental analysis
,,4,_'Legal description to be approved by buyer
Dan McKeen, City Manager
SELINDA SARKHUIS, CLALLAM COUNTY TREASURER
192-48179
(360)417-2344 199 808
t�i4Mi.C LA-11! .NL 7 ,ft� r'' DISTRIBUTIOR1 SUMMARY. Total Taxable Value:
6 0 STATE 418.9 Voter Approved Taxes: 639.69
00wnerID:48179 t COUNTY 280.45 FIRE PATROL 17.4
Printed:0211512016 SCHOOL 639.6 FIRE PATROL COUNTY FEE .5
CITY 596.61 WEED CONTROL 3.2
17558*57**50***0.762**1/1************AUTO`*5-DIGIT 98362 PORT 39.6
BURT W REID LIBRARY 98.1
919 W LAURIDSEN BLVD HOSPITAL DISTRICT 117.3
PORT ANGELES WA 98363-7443
METRO PARK DIST 35.9,
III'�I�I'�II��IIII'I"I111��11�1�1��`II'l,II�II111�,111��iII��I Assessment/FeesTa y
21.1
.'
Gross Tax 2226.8 $ 2247.96
-- Taxable Assessed Value
PID GEO ID Abbreviated Legal Description Situs Address Imp.or Equip Land Exempt Total
60684 0630000444250000 LTS 6-13&ALLEY ABUTTING LTS 6-15& 0 152,933 0 152,933
PTN VAC ST ABUT BL 444
Tax Area Levy Rate Gross Tax Assmts Fees Net Tax 1st'/Tax 2nd IA Tax Diq.Yrs Total
0010 11.14471 1704.39 19..03 .50 1723.92 861.98 861.94 .00 1723.92
--Taxable Assessed Value
PID GEO ID Abbreviated Legal Description Situs Address Imp.or Equip Land Exempt Total
60685 0630000444500000 LOTS 14&15 BLK 444 TPA SUR V58 P77 W SIXTEENTH ST 0 46,875 0 46,875
Tax Area Levy Rate Gross Tax Assmts Fees Net Tax 1st%Tax 2nd%Tax Diq.Yrs Total
0010 11.14471 522.41 1.63 .00 524.04 262.05 261.99 .00 524.04
--=-Taxable Assessed Value
PID GEO ID'' Abbreviated Legal Description Situs Address Imp.or Equip Land Exempt Total
Tax Area Levy Rate Gross Tax Assmts Fees Net Tax 1st%Tax 2nd%Tax Dlq.Yrs Total
Taxable Assessed Valu
PID GEO ID Abbreviated Legal Description Situs Address Imp.or Equip land Exempt Total
Tax Area Levy Rate Gross Tax Assmts Fees Net Tax 1st%Tax 2nd Y:Tax Diq.Yrs Total
x -.
SE ( E tit C PAYING '"C e F I CFf.€ Iwi. �,t`€"t €.€n Du Et Paid by 413012 16
Years Base Amount Interest Penalty 1st Half Total
Please rote that the`half due"all oOUMS on the 2016 2247.96 .00 .00 1124.03 2247.9
coLloonS do riot include Fry delingUent taxes thai 2015 .00 .00 .00 0.0
are ovlec3 as shown IIS the box :c:the ii«,€i P> , 2014 .00 .00 .00 0.0
r 2013&prior .00 .00 .00 0.0
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Stmt# 192-48179 - Owner Name: BURT W REID Property Count:
Please check box to indicate mailing address changes on back of coupon.
inted:02115/2016
If you did not make a first half payment or pay the
delinquent taxes listed,if any,call(360)417-2344 SEE( O N D HALF[. F 20E6 PA��
for delinquent tax,interest,and penalty due.
Delinquent payments received without interest and Amount Due by 10/31/2016
penalty will be returned. 1,123.932 If 1st half and prior paid by 04130/2016:
` a y or (.,
Make checks payable to
17558 1!1
CLALLAM COUNTY TREASURER
223 E.4TH ST., STE. 3
PORT ANGELES, WA 98362-3000
EXHIBIT "A"
LEGAL DESCRIPTION
Lots 6 to 15 inclusive, Block 444, Townsite of Port Angeles, Clallam County, Washington;
TOGETHER WITH the Sixteenth/Seventeeth Street alley lying Westerly of Tumwater Truck
Route, abutting Lots 6 to 15, Block 444, Townsite of Port Angeles;
ALSO TOGETHER WITH that portion of the North half of Seventeenth Street abutting Lots l 1
through 15, Block 444, Townsite of Port Angeles, Clallam County, Washington, described as
follows:
Beginning at the Southwest corner of said Lot 11;
Thence South 56°44'33" East along the South line of said Lots 11 through 1.5 a distance of
238.95 feet to a point that bears North 56°44'33" West 11.00 feet from the Southeast corner of
said Lot 15;
Thence South 42°47'37" West 35.49 feet to the centerline of Seventeenth Street;
Thence North 56°44'33" West along the centerline of Seventeenth Street 233.06 feet to a point
which is 35 feet East of the centerline of"A" Street when measured at right angles thereto;
Thence North 33'13'23" East parallel with the centerline of"A" Street a distance of 35.00 feet to
the Southwest corner of said Lot 11 and the point of beginning.
Situate in Clallam County, State of Washington.
streamline Legal Description-Exhibit"A"Rev.9/1/2016 2:10:00 PM
001128
Owner's Policy of Title Insurance
FlrstAmerican Titler", ISSUED BY
vNx
First American Title Insurance Company
r
POLICY NUMBER
Owner's P 0 l 1 cy 5011400-1507311 e
Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to
the Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE. THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE
CONDITIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a Nebraska corporation (the"Company') insures, as of Date of Policy and, to
the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or
incurred by the Insured by reason of:
1. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from
(a) A defect in the Title caused by
(i) forgery,fraud,undue influence,duress,incompetency,incapacity,or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created,executed,witnessed,sealed,acknowledged,notarized,or delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law;
(v) a document executed under a falsified,expired,or otherwise invalid power of attorney;
(vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means
authorized by law;or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable,but unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate
and complete land survey of the Land. The term"encroachment'includes encroachments of existing improvements located on the Land
onto adjoining land,and encroachments onto the Land of existing improvements located on adjoining land.
1 Unmarketable Title.
4. No right of access to and from the Land.
(Covered Risks Continued on Page 2)
In Witness Whereof, First American Title Insurance Company has caused its corporate name to be hereunto affixed by its authorized officers as of
Date of Policy shown in Schedule A.
First American Title Insurance Company For Reference:
File#: 123020
i Issued By:
6` Clallam Title Company
Dennis J.Gilmore 204 South Lincoln, PO Box 248
President Port Angeles, WA 98362
Jeffrey S.Robinson
Secretary
(This Policy is valid only when Schedules A and B are attached) This jacket was created electronically and constitutes an original document
Copyright 2006-2009 American Land Title Association.All rights reserved.The use of this form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited.Reprinted under license from the American Land Title Association.
Form 5011400(7-1-14) Page 1 of 5 ALTA Owner's Policy of Title Insurance(6-17-06)
Policy#: 5011400-1507311e COVERED RISKS(Continued)
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning)
restricting,regulating,prohibiting,or relating to
(a) the occupancy,use,or enjoyment of the Land;
(b) the character,dimensions,or location of any improvement erected on the Land;
(c) the subdivision of land;or
(d) environmental protection
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the
extent of the violation or enforcement referred to in that notice.
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement
action,describing any part of the Land,is recorded in the Public Records,but only to the extent of the enforcement referred to in that notice.
7. The exercise of the rights of eminent domain if a notice of the exercise,describing any part of the Land,is recorded in the Public Records.
8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge.
9. Title being vested other than as stated in Schedule A or being defective
(a) as a result of the avoidance in whole or in part,or from a court order providing an alternative remedy, of a transfer of all or any part of the
title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer
constituted a fraudulent or preferential transfer under federal bankruptcy,state insolvency,or similar creditors'rights laws;or
(b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state
insolvency,or similar creditors'rights laws by reason of the failure of its recording in the Public Records
(i) to be timely,or
(ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor.
10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or
has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of
transfer in the Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs, attorneys'fees,and expenses incurred in defense of any matter insured against by this Policy, but only to the
extent provided in the Conditions.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of (b) not Known to the Company, not recorded in the Public
this policy, and the Company will not pay loss or damage, costs, Records at Date of Policy, but Known to the Insured
attorneys'fees, or expenses that arise by reason of: Claimant and not disclosed in writing to the Company by the
1. (a) Any law, ordinance, permit, or governmental regulation Insured Claimant prior to the date the Insured Claimant
(including those relating to building and zoning) restricting, became an Insured under this policy;
regulating, prohibiting,or relating to (c) resulting in no loss or damage to the Insured Claimant;
(i) the occupancy,use,or enjoyment of the Land; (d) attaching or created subsequent to Date of Policy(however,
(ii) the character, dimensions, or location of any this does not modify or limit the coverage provided under
improvement erected on the Land; Covered Risk 9 and 10);or
(iii) the subdivision of land;or (e) resulting in loss or damage that would not have been
(iv) environmental protection; sustained if the Insured Claimant had paid value for the
or the effect of any violation of these laws, ordinances, or Title.
governmental regulations. This Exclusion 1(a) does not 4. Any claim, by reason of the operation of federal bankruptcy,
modify or limit the coverage provided under Covered Risk 5. state insolvency, or similar creditors' rights laws, that the
(b) Any governmental police power. This Exclusion 1(b) does transaction vesting the Title as shown in Schedule A,is
not modify or limit the coverage provided under Covered (a) a fraudulent conveyance or fraudulent transfer;or
Risk 6. (b) a preferential transfer for any reason not stated in Covered
2. Rights of eminent domain. This Exclusion does not modify or Risk 9 of this policy.
limit the coverage provided under Covered Risk 7 or 8. 5. Any lien on the Title for real estate taxes or assessments
3. Defects,liens,encumbrances,adverse claims,or other matters imposed by governmental authority and created or attaching
(a) created, suffered, assumed, or agreed to by the Insured between Date of Policy and the date of recording of the deed or
Claimant; other instrument of transfer in the Public Records that vests Title
as shown in Schedule A.
Form 5011400(7-1-14) Page 2 of 5 ALTA Owner's Policy of Title Insurance(6-17-06)
Policy#: 5011400.150731 le CONDITIONS
1. DEFINITION OF TERMS protection liens filed in the records of the clerk of the United
The following terms when used in this policy mean: States District Court for the district where the Land is located.
(a) "Amount of Insurance": The amount stated in Schedule A,as (j) "Title": The estate or interest described in Schedule A.
may be increased or decreased by endorsement to this (k) "Unmarketable Title": Title affected by an alleged or apparent
policy, increased by Section 8(b), or decreased by Sections matter that would permit a prospective purchaser or lessee of
10 and 11 of these Conditions. the Title or lender on the Title to be released from the
(b) "Date of Policy": The date designated as "Date of Policy" in obligation to purchase, lease, or lend if there is a contractual
Schedule A. condition requiring the delivery of marketable title.
(c) "Entity': A corporation, partnership, trust, limited liability 2. CONTINUATION OF INSURANCE
company, or other similar legal entity. The coverage of this policy shall continue in force as of Date of
(d) "Insured": The Insured named in Schedule A. Policy in favor of an Insured, but only so long as the Insured
(i) The term"Insured"also includes retains an estate or interest in the Land, or holds an obligation
(A) successors to the Title of the Insured by operation secured by a purchase money Mortgage given by a purchaser
of law as distinguished from purchase, including from the Insured, or only so long as the Insured shall have liability
heirs, devisees, survivors, personal representatives, by reason of warranties in any transfer or conveyance of the Title.
or next of kin; This policy shall not continue in force in favor of any purchaser
(B) successors to an Insured by dissolution, merger, from the Insured of either(i) an estate or interest in the Land, or
consolidation,distribution,or reorganization; (ii)an obligation secured by a purchase money Mortgage given to
(C) successors to an Insured by its conversion to the Insured.
another kind of Entity; 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
(D) a grantee of an Insured under a deed delivered The Insured shall notify the Company promptly in writing(i)in case
without payment of actual valuable consideration of any litigation as set forth in Section 5(a) of these Conditions,
conveying the Title (ii)in case Knowledge shall come to an Insured hereunder of any
(1) if the stock, shares, memberships, or other claim of title or interest that is adverse to the Title, as insured, and
equity interests of the grantee are that might cause loss or darnage for which the Company may be
wholly-owned by the named Insured, liable by virtue of this policy, or (iii) if the Title, as insured, is
(2) if the grantee wholly owns the named Insured, rejected as Unmarketable Title, If the Company is prejudiced by
(3) if the grantee is wholly-owned by an affiliated the failure of the Insured Claimant to provide prompt notice, the
Entity of the named Insured, provided the Company's liability to the Insured Claimant under the policy shall
affiliated Entity and the named Insured are be reduced to the extent of the prejudice.
both wholly-owned by the same person or 4. PROOF OF LOSS
Entity,or In the event the Company is unable to determine the amount of
(4) if the grantee is a trustee or beneficiary of a loss or damage, the Company may, at its option, require as a
trust created by a written instrument condition of payment that the Insured Claimant furnish a signed
established by the Insured named in Schedule proof of loss. The proof of loss must describe the defect, lien,
A for estate planning purposes. encumbrance, or other matter insured against by this policy that
(ii) With regard to(A),(B),(C),and(D)reserving,however,all constitutes the basis of loss or damage and shall state, to the
rights and defenses as to any successor that the extent possible, the basis of calculating the amount of the loss or
Company would have had against any predecessor damage.
Insured. 5. DEFENSE AND PROSECUTION OF ACTIONS
(e) "Insured Claimant": An Insured claiming loss or damage. (a) Upon written request by the Insured, and subject to the
(f) "Knowledge" or "Known": Actual knowledge, not constructive options contained in Section 7 of these Conditions, the
knowledge or notice that may be imputed to an Insured by Company, at its own cost and without unreasonable delay,
reason of the Public Records or any other records that impart shall provide for the defense of an Insured in litigation in
constructive notice of matters affecting the Title. which any third party asserts a claim covered by this policy
(g) "Land": The land described in Schedule A, and affixed adverse to the Insured. This obligation is limited to only those
improvements that by law constitute real property. The term stated causes of action alleging matters insured against by
"Land" does not include any property beyond the lines of the this policy. The Company shall have the right to select
area described in Schedule A, nor any right, title, interest, counsel of its choice (subject to the right of the Insured to
estate, or easement in abutting streets, roads, avenues, object for reasonable cause) to represent the Insured as to
alleys, lanes,ways,or waterways, but this does not modify or those stated causes of action. It shall not be liable for and will
limit the extent that a right of access to and from the Land is not pay the fees of any other counsel. The Company will not
insured by this policy. pay any fees, costs, or expenses incurred by the Insured in
(h) "Mortgage": Mortgage, deed of trust, trust deed, or other the defense of those causes of action that allege matters not
security instrument, including one evidenced by electronic insured against by this policy.
means authorized by law. (b) The Company shall have the right, in addition to the options
(i) "Public Records": Records established under state statutes contained in Section 7 of these Conditions, at its own cost, to
at Date of Policy for the purpose of imparting constructive institute and prosecute any action or proceeding or to do any
notice of matters relating to real property to purchasers for other act that in its opinion may be necessary or desirable to
value and without Knowledge. With respect to Covered establish the Title, as insured, or to prevent or reduce loss or
Risk 5(d), "Public Records" shall also include environmental damage to the Insured. The Company may take any
Form 5011400(7-1-14) Page 3 of 5 1 ALTA Owner's Policy of Title Insurance(6-17-06)
Policy#: 5011400.1507311e CONDITIONS(Continued)
appropriate action under the terms of this policy, whether or expenses incurred by the Insured Claimant that were
not it shall be liable to the Insured. The exercise of these authorized by the Company up to the time of payment or
rights shall not be an admission of liability or waiver of any tender of payment and that the Company is obligated to pay.
provision of this policy. If the Company exercises its rights Upon the exercise by the Company of this option, all liability
under this subsection, it must do so diligently. and obligations of the Company to the Insured under this
(c) Whenever the Company brings an action or asserts a policy, other than to make the payment required in this
defense as required or permitted by this policy, the Company subsection, shall terminate, including any liability or obligation
may pursue the litigation to a final determination by a court of to defend, prosecute, or continue any litigation.
competent jurisdiction, and it expressly reserves the right, in (b) To Pay or Otherwise Settle With Parties Other Than the
its sole discretion,to appeal any adverse judgment or order. Insured or With the Insured Claimant.
6. DUTY OF INSURED CLAIMANT TO COOPERATE (i) To pay or otherwise settle with other parties for or in the
(a) In all cases where this policy permits or requires the name of an Insured Claimant any claim insured against
Company to prosecute or provide for the defense of any under this policy. In addition, the Company will pay any
action or proceeding and any appeals, the Insured shall costs, attorneys' fees, and expenses incurred by the
secure to the Company the right to so prosecute or provide Insured Claimant that were authorized by the Company
defense in the action or proceeding, including the right to use, up to the time of payment and that the Company is
at its option, the name of the Insured for this purpose. obligated to pay;or
Whenever requested by the Company, the Insured, at the (ii) To pay or otherwise settle with the Insured Claimant the
Company's expense, shall give the Company all reasonable loss or damage provided for under this policy, together
aid (i) in securing evidence, obtaining witnesses, prosecuting with any costs, attorneys' fees, and expenses incurred
or defending the action or proceeding, or effecting settlement, by the Insured Claimant that were authorized by the
and (ii) in any other lawful act that in the opinion of the Company up to the time of payment and that the
Company may be necessary or desirable to establish the Title Company is obligated to pay.
or any other matter as insured. If the Company is prejudiced Upon the exercise by the Company of either of the options
by the failure of the Insured to furnish the required provided for in subsections (b)(i) or (ii), the Company's
cooperation, the Company's obligations to the Insured under obligations to the Insured under this policy for the claimed
the policy shall terminate, including any liability or obligation loss or damage, other than the payments required to be
to defend, prosecute,or continue any litigation,with regard to made, shall terminate, including any liability or obligation to
the matter or matters requiring such cooperation, defend, prosecute,or continue any litigation.
(b) The Company may reasonably require the Insured Claimant 8, DETERMINATION AND EXTENT OF LIABILITY
to submit to examination under oath by any authorized This policy is a contract of indemnity against actual monetary loss
representative of the Company and to produce for or damage sustained or incurred by the Insured Claimant who has
examination, inspection, and copying, at such reasonable suffered loss or damage by reason of matters insured against by
times and places as may be designated by the authorized this policy.
representative of the Company, all records, in whatever (a) The extent of liability of the Company for loss or damage
medium maintained, including books, ledgers, checks, under this policy shall not exceed the lesser of
memoranda, correspondence, reports, e-mails, disks, tapes, (i) the Amount of Insurance; or
and videos whether bearing a date before or after Date of (ii) the difference between the value of the Title as insured
Policy, that reasonably pertain to the loss or damage. and the value of the Title subject to the risk insured
Further, if requested by any authorized representative of the against by this policy.
Company, the Insured Claimant shall grant its permission, in (b) If the Company pursues its rights under Section 5 of these
writing, for any authorized representative of the Company to Conditions and is unsuccessful in establishing the Title, as
examine, inspect, and copy all of these records in the custody insured,
or control of a third party that reasonably pertain to the loss or (i) the Amount of Insurance shall be increased by 10%, and
damage. All information designated as confidential by the (ii) the Insured Claimant shall have the right to have the loss
Insured Claimant provided to the Company pursuant to this or damage determined either as of the date the claim
Section shall not be disclosed to others unless, in the was made by the Insured Claimant or as of the date it is
reasonable judgment of the Company, it is necessary in the settled and paid.
administration of the claim. Failure of the Insured Claimant to (c) In addition to the extent of liability under (a) and (b), the
submit for examination under oath, produce any reasonably Company will also pay those costs, attorneys' fees, and
requested information, or grant permission to secure expenses incurred in accordance with Sections 5 and 7 of
reasonably necessary information from third parties as these Conditions.
required in this subsection, unless prohibited by law or 9. LIMITATION OF LIABILITY
governmental regulation, shall terminate any liability of the (a) If the Company establishes the Title, or removes the alleged
Company under this policy as to that claim. defect, lien, or encumbrance, or cures the lack of a right of
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; access to or from the Land, or cures the claim of
TERMINATION OF LIABILITY Unmarketable Title, all as insured, in a reasonably diligent
In case of a claim under this policy, the Company shall have the manner by any method, including litigation and the completion
following additional options: of any appeals, it shall have fully performed its obligations
(a) To Pay or Tender Payment of the Amount of Insurance. with respect to that matter and shall not be liable for any loss
To pay or tender payment of the Amount of Insurance under or darnage caused to the Insured.
this policy together with any costs, attorneys' fees, and (b) In the event of any litigation, including litigation by the
Form 5011400(7-1-14) Page 4 of 5 ALTA Owner's Policy of Title Insurance(6-17-06)
Policy#: 5011400.1507311e CONDITIONS(Continued)
Company or with the Company's consent, the Company shall Company or the Insured. All arbitrable matters when the Amount
have no liability for loss or damage until there has been a final of Insurance is in excess of $2,000,000 shall be arbitrated only
determination by a court of competent jurisdiction, and when agreed to by both the Company and the Insured. Arbitration
disposition of all appeals, adverse to the Title, as insured. pursuant to this policy and under the Rules shall be binding upon
(c) The Company shall not be liable for loss or damage to the the parties. Judgment upon the award rendered by the
Insured for liability voluntarily assumed by the Insured in Arbitrator(s) may be entered in any court of competent jurisdiction,
settling any claim or suit without the prior written consent of 15, LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE
the Company. CONTRACT
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION (a) This policy together with all endorsements, if any,attached to
OF LIABILITY it by the Company is the entire policy and contract between
All payments under this policy, except payments made for costs, the Insured and the Company. In interpreting any provision of
attorneys' fees, and expenses, shall reduce the Amount of this policy,this policy shall be construed as a whole.
Insurance by the amount of the payment. (b) Any claim of loss or damage that arises out of the status of
11. LIABILITY NONCUMULATIVE the Title or by any action asserting such claim shall be
The Amount of Insurance shall be reduced by any amount the restricted to this policy.
Company pays under any policy insuring a Mortgage to which (c) Any amendment of or endorsement to this policy must be in
exception is taken in Schedule B or to which the Insured has writing and authenticated by an authorized person, or
agreed, assumed, or taken subject, or which is executed by an expressly incorporated by Schedule A of this policy.
Insured after Date of Policy and which is a charge or lien on the (d) Each endorsement to this policy issued at any time is made a
Title, and the amount so paid shall be deemed a payment to the part of this policy and is subject to all of its terms and
Insured under this policy. provisions. Except as the endorsement expressly states, it
12. PAYMENT OF LOSS does not (i) modify any of the terms and provisions of the
When liability and the extent of loss or damage have been policy, (ii) modify any prior endorsement, (iii)extend the Date
definitely fixed in accordance with these Conditions, the payment of Policy,or(iv) increase the Amount of Insurance.
shall be made within 30 days. 16. SEVERABILITY
13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT In the event any provision of this policy, in whole or in part, is held
(a) Whenever the Company shall have settled and paid a claim invalid or unenforceable under applicable law, the policy shall be
under this policy, it shall be subrogated and entitled to the deemed not to include that provision or such part held to be
rights of the Insured Claimant in the Title and all other rights invalid, but all other provisions shall remain in full force and effect.
and remedies in respect to the claim that the Insured 17. CHOICE OF LAW; FORUM
Claimant has against any person or property, to the extent of (a) Choice of Law: The Insured acknowledges the Company has
the amount of any loss,costs, attorneys'fees, and expenses underwritten the risks covered by this policy and determined
paid by the Company. If requested by the Company, the the premium charged therefor in reliance upon the law
Insured Claimant shall execute documents to evidence the affecting interests in real property and applicable to the
transfer to the Company of these rights and remedies. The interpretation, rights, remedies, or enforcement of policies of
Insured Claimant shall permit the Company to sue, title insurance of the jurisdiction where the Land is located.
compromise, or settle in the name of the Insured Claimant Therefore, the court or an arbitrator shall apply the law of the
and to use the name of the Insured Claimant in any jurisdiction where the Land is located to determine the validity
transaction or litigation involving these rights and remedies. of claims against the Title that are adverse to the Insured and
If a payment on account of a claim does not fully cover the to interpret and enforce the terms of this policy. In neither
loss of the Insured Claimant, the Company shall defer the case shall the court or arbitrator apply its conflicts of law
exercise of its right to recover until after the Insured Claimant principles to determine the applicable law.
shall have recovered its loss. (b) Choice of Forum: Any litigation or other proceeding brought
(b) The Company's right of subrogation includes the rights of the by the Insured against the Company must be filed only in a
Insured to indemnities, guaranties, other policies of state or federal court within the United States of America or
insurance, or bonds, notwithstanding any terms or conditions its territories having appropriate jurisdiction.
contained in those instruments that address subrogation 18. NOTICES,WHERE SENT
rights. Any notice of claim and any other notice or statement in writing
14. ARBITRATION required to be given to the Company under this policy must be given
Either the Company or the Insured may demand that the claim or to the Company at First American Title Insurance Company,
controversy shall be submitted to arbitration pursuant to the Title Attn: Claims National Intake Center, 1 First American Way,
Insurance Arbitration Rules of the American Land Title Association Santa Ana, Califomia 92707, Phone:888.632.1642.
("Rules"). Except as provided in the Rules, there shall be no
joinder or consolidation with claims or controversies of other
persons. Arbitrable matters may include, but are not limited to,
any controversy or claim between the Company and the Insured
arising out of or relating to this policy, any service in connection
with its issuance or the breach of a policy provision,or to any other
controversy or claim arising out of the transaction giving rise to this
policy. All arbitrable matters when the Amount of Insurance is
$2,000,000 or less shall be arbitrated at the option of either the
Form 5011400(7-1-14) Page 5 of 5 ALTA Owner's Policy of Title Insurance(6-17-06)
CLALLAM TITLE COMPANY
OWNER'S POLICY
FIRST AMERICAN TITLE INSURANCE COMPANY
SCHEDULE A
Order Number: 123020 Policy Number: 5011400-1507311e
Date of Policy: September 13, 2016 at 3:37PM
Amount of Insurance: .x,350,000.00
1. Name of Insured:
City Of Port Angeles, a municipal corporation
2. The estate or interest in the land which is covered by this policy is:
Fee Simple
3. Title to the estate or interest in the land is vested in:
The Named Insured
4. The land referred to in this policy is described as follows:
Lots 6 to 15 inclusive, Block 444, Townsite of Port Angeles, Clallam Comity, Washington:
TOGETHER WITH the Sixteenth/Seventeenth Street alley lying Westerly of Tumwater Truck Route,
abutting Lots 6 to 15, Block 444, Townsite of Port Angeles;
ALSO TOGETHER WITH that portion of the North half of Seventeenth Street abutting Lots 11 through
15, Block 444, Townsite of Port Angeles, Clallam County, Washington, described as follows:
Beginning at the Southwest corner of said Lot 1 I,
Thence South 56°4433" East alone the South line of said Lots I 1 through 15 a distance of 238.95 feet to
a point that bears North 56°4433" West 11.00 feet from the Southeast corner of said Lot 15;
Thence South 42°47'37" West 35.49 feet to the centerline of Seventeenth Street;
Thence North 56°44'33" West along the centerline of Seventeenth Street 233.06 feet to a point which is
35 feet East of the centerline oll""A" Street when measured at right angles thereto;
Thence North 33°13'23" East parallel with the centerline of"A" Street a distance of 35.00 feet to the
Southwest corner of said Lot 1 I and the point of beginning,
Situate in Clallam County, State of Washington.
ALTA Owner's Policy
6-17-06
SCHEDULE B
Order Number: 123020 Policy Number: 5011400-1507311c
This policy does not insure against loss or damage(and the Company will not pay costs, attorneys' fees or
expenses) which arise by reason of:
General Exceptions:
A. Taxes or assessments which are not shown as existing liens by the records of any taxing authority
that levies taxes or assessments on real property or by the public records.
B. Any facts, rights, Interest, or Claims which are not shown by the public records but which Could
be ascertained by an inspection of said land or by making inquiry of persons in possession
thereof.
C. Casements, claims of easements or encumbrances which are not shown by the public records.
D. Discrepancies, conflicts in botiulary lines, shortage in area, encroachments, or any other facts
which a correct survey would disclose, and which are not shown by public records.
E. (A) Unpatented mining claims, (B) Reservations or exceptions in patents or in acts authorizing
the issuance thereof, (C) Water rights,claims or title to water; whether or not the matters
excepted under(A), (B)or(C) are shown by the public records; (D) Indian tribal codes or
regulations, Indian treaty or aboriginal rights,including easements or equitable servitudes.
F. Any lien, or right to lien for services, labor, materials,or medical assistance theretofore or
hereafter furnished, imposed by law and not shown by the public records.
G. Any service, installation,connection, maintenance,construction, tap or reimbursement
charges/costs for sewer, water, garbage or electricity.
Special Exceptions:
I. Any Clann to (a) Ownership of or rights to minerals and similaI"Substances, Including but not
limited to ores, metals, coal, lignite,oil,gas, uranium, clay,rock, sand, and gravel located in, on,
or under the Land or produced from the Land,whether such ownership or rights arise by lease,
grant, exception, conveyance, reservation, or otherwise; and (b) any rights,privileges,
immunities, rights of way, and easements associated therewith or appurtenant thereto, whether or
not the interests or rights excepted in (a) or(b) appear in the Public Records.
2. Reservations contained in deed from Clallam County recorded tinder recording no. 282600,
reserving all oil,gases, coal, ores, minerals, fossils, etc., and the right for opening, developing and
working the same, together with any right to acquire easements or rights of way; Providing that
all such rights shall not be exercised until provision has been made to compensate for damage
sustained by reason of the exercise of such rights.
Affects: Lots 14 and 15
LPB
ALTA Owner's Policy
6-17-06
3. Reservations contained in deed fi-0111 Clallam County recorded under recording no. 319897,
reserving all oil, luases. coal, ores, minerals, fossils, etc., and the right for opening, developing and
working the samc, together with any right to acquire easements or rights of way; Providing that
all such rights shall not be exercised until provision has been made to compensate for damage
sustained by reason of the exercise of such rights.
Affects: Lots 6-13, irnclusive
4. Terms and provisions contained in ordinance no. 3183, recorded March 18, 2005 under
Recording No. 2005 1 152715.
Affects: Vacated alley in Block 444.
5. Terms, covenants, Conditions and/or provisions Contained in all easement serving Said premises,
as contained in instrument:
Recorded: May 10, 2005
Recording No.: 2005 1156233
6. Easement, including terms and provisions contained therein:
Recorded: May 18, 2005
Recording No.: 2005 1156728
In favor of: City of Port Angeles
For: Storm drainage and roadway maintenance
Affects: Portions of Lot 15
7. Terms and provisions contained in ordinance No. 3197, recorded June 15, 2005 under Recording
No. 2005 1 158510.
Affects: Vacated 17`x,Street
8. A record of Survey and matters relating thereto:
Recorded: August 15, 2005
Recording No.: 2005 1162880
VolumclPage: 58177
001128
2016-1339579
Page2 Quit Ci.lm D.ed
'"
Clall.mTi t I. C."panv
CrRjlam courity Washington 09113)20U6 03:37:04 PM
When recorded return to: mill FIAT liw' 1ATA6 PI&P UNA III
City of Port Angeles
32 1 East 5'r' St. NO 10 9 L`
Port Angeles,, WA 98362 CLALLAM COUNTY
TRANSACTION EXCISE TAX
-76—
ATE
IT CLAIM DEED, PDAID SEP 13 2016
AMOUNT
Coy TYPEASU�
T
THE GRANTORS Burt W. Reid and Kiki Reid,husband and wife BY:
for and in consideration often dollars and other good and valuable consideration
convey and quit claim to,City of Port Angeles, a municipal corporation
all interest in the following described real estate, situated in the County of Clallam,
State of Washington together with all after acquired title of the grantor herein:
Lots 6 to IS inclusive, Block 444, Townsite of Port Angeles, C lallarn County, Washington-,
TOGETHER WITH the Sixteenth/Seventeenth Street alley lying Westerly of'rUillwater Truck Route,
abutting Lots 6 to 15, Block 444, Townsite of Port Angeles;
ALSO TOGETHER WITH that portion of the North half of Seventeenth Street abutting Lots 11
through
15, Block 444, Townsite of Port Angeles,, Clallarn County, Washington, described as follows:
Beginning at the Southwest comer of said Lot I I;
Thence South 56'44'33" East along the South line of said Lots I I through 15 a distance of 238.95 feet
to a point that bears North 56'44'33" West 11.00 feet from the Southeast corner of said Lot 15;
Thence South 42'47'37" West 35.49 feet to the centerline of Seventeenth Street;
Thence North 56'44'33" West along the centerline of Seventeenth Street 233.06 feet to a point which
is 35 feet East of the centerline of"A" Street when measured at right angles thereto;
Thence North 33'13'23" East parallel with the centerline of``A" Street a distance of 35.00 feet to the
Southwest corner of said Lot I I and the point of beginning.
Tax Parcel Numbers: 0630063000 044425 and 063000 04445,0
Dated:
'17
Burt W. Reid
Kiki Reid
LP13 12-05(i-1)rev 12/2006
Page 1 of 2
STATE OF WASHINGTON
ss
COUNTY OF CLALLAM
I certify that I know or have satisfactory evidence that Burt W. Reid and Kiki Reid are the persons
who appeared before me, and said persons acknowledged that they signed this instrument and
acknowledged it to be their free and voluntary act for the uses and purposes mentioned in this
instrument.
Dated: &Atz&-hxA-� 706
CLAUDETTE I. M1,Noft
Notary Public in and for the f�,,sfa�t of Washington Notory Public
Residing at Port Angeles SlOtO 'Of W01shiniggion
My appointment expires X", '36 My err MI Expire$,
MOtch 090 21020
EM
LP13, 12405(i-1),rev 12/2,006
Page? rade
Aia.l;, 31 1, —1016
Dam Npl;i "Cee -I
City Nlanager
City of Port Angles
-.
Port .�:�ige.les ��'a. � <�af7'1
Tie: Offer leder dated X3/30/ 16
Dear- Dail:
Weare in receipt of your above referenced le: tte k- and are p€ep�jreci to accept the offer therein contained oil
the follmvin,�, conditions:
1. The offcr is approved and closed �i�F dui thec dt
2. The city accept the responsibility for the excise tax It is nly understandi€lg that: the sale is exempt from
the tax but only if the city pursues 11:te exeillpt Statl€S.
3. Title insurance; cost, and escrow fees to be split -50%- 0.
4. Title transfer shall be by Quit claim Deed. ( t ae du,teed title✓ from the C.-tt-v by fruit Claim Deed on three
Of the four pieces that 1 plat together}.
i. The sale shall be closed in esumv at:
I would suggest that you have. the City of Port Angeles legal council draft a for€sial Earnest Money
agree€nent to be sure that everyone' concerns are properly addressed ASAP.
Note: There is a balance owing: on the property of approximately $120,000 at Sound Cosllmi€tlity Bank..
Said balance shall be paid off From the proceeds hereof from escrow.
Sincerely Burt and %ilei Reid
� ro
Advantage Escrow Company
Claudette Mingori
Limited Practice Officer
Escrow Officer
802 East First Street, Suite i
PO Box 1780
Port Angeles, WA 98362
360-457-3000 Phone
360-457-9222 Fax
advantageclaudette@olypen. coin
s
City Manager's Office
August 30, 2016
Burt Reid
919 W. Lauridsen Blvd.
Port Angeles, WA 98362
Re: Offer Letter
Dear Mr. Reid:
Furthering the City's interest in acquiring your property located between South Tumwater Truck
Route and South A Street as discussed in our July 7, 2016 letter of the same subject, the City is
willing to offer $350,000.
This purchase offer is contingent on the approval by the Real Estate Committee and the City
Council.
Please respond to this offer, in writing, within 30 days.
Sincerely,
f
Dan McKeen
City Manager
Phone: 360-417-4500 / Fax: 360-417-4509 / TTY: 360-417-4645
Website: www.cityofpa.us / Email: citymanager@cityofpa.us
321 East Fifth Street - P.O. Box 1150 / Port Angeles, WA 98362-0217
PORTNGELES
-A'
W ASH 1 N GTO N, U.S.A.
City Manager's Office
September 12, 2016
Advantage Escrow Company
802 East 1St Street, Suite 1
Port Angeles, WA 98362
Attn: Claudette Mingori, Designated Escrow Officer / LPO
Re: Sale of Reid property to City of Port Angeles
Dear Ms. Mingori,
In preparation for closing this transaction, this letter will confirm the following:
• At its regular meeting on September 6, 2016, the City Council approved the purchase
of the Reid property.
• The conditions outlined in the attached September 1, 2016, letter have been satisfied.
• Title to the property, as depicted in the. Commitment dated August 25, 2016, are
acceptable.
• The City will deliver to you prior to September 16, 2016, the amount due from the City
on closing as shown on the Buyer's Statement dated September 16, 2016.
The final condition, to be satisfied as part of the closing, is that Advantage Escrow will cause
to be paid, discharged, and satisfied in full, from the funds deposited into escrow and prior to
any disbursement to the Seller, the encumbrance shown as paragraph 11 of Schedule B of the
Commitment. Our understanding is that all underlying balances owed on said property will
be paid off from the proceeds from escrow.
On the basis of the foregoing, the City asks you to proceed with closing at your earliest
convenience.
Thank you. for your attention to this matter. I will be signing the closing documents on behalf
of the City.
Sincerely,
Dan McKeen
City Manager.
Phone: 360-417-4500 / Fax: 360-417-4509 / TTY: 360-417-4645
Website: www.cityofpa.us / Email: citymanager@cityofpa.us
321 East Fifth Street - P.O. Box 1150 / Port Angeles, WA 98362-0217