049-16 - Resolution - Authorize Transfer of City's Interests for 100 Melcher Street by Quit Claim DeedRESOLUTION NO. 049-16
A RESOLUTION OF THE CITY OF' PORT ORCHARD, WASHINGTON, TO
AUTHORIZE THE TRANSFER OF THE CITY'S INTERESTS, IF ANY, IN
SURPLUS PROPERTY KNOWN AS 100 MELCHER STREET (KITSAP
COUNTY TAX PARCEL NO.352401-2-022-2006) BY QUIT CLAIM DEED
WHEREAS, during the City of Port Orchard's work to resolve an encroachment issue at a
property known as 100 Melcher Street (Kitsap County Tax Parcel No. 352401-2-022-2006), the City
discovered that the taxpayer name on the property is the "Old Ross Creek System" and that the
property use is a "Water System"; and
WHEREAS, the City of Port Orchard obtained a title report which included a Statutory
Warranty Deed, dated January 22, 1945, deeding the 100 Melcher Street property to the Ross
Creek Water District; and
WHEREAS, the City of Port Orchard is unable to locate any records for the Ross Creek
Water System, but given the property's location within the Port Orchard water service area,
assumes that the Ross Creek System was absorbed into the City's water system and that its
assets were to be transferred to the City; and
WHEREAS, the City of Port Orchard has declared the 100 Melcher Street property to be
surplus property; and
WHEREAS, the City Council of the City of Port Orchard has authorized the City
Development Director to sell or otherwise provide for the transfer of any interest the City has
or holds in the 100 Melcher Street property in any commercially reasonable way; and
WHEREAS, the encroachment issue is that a mobile home belonging to an adjacent mobile
home park is partially located on the 100 Melcher Street property; and
WHEREAS, after making contact with the owner of the mobile home park to discuss the
encroachment, the possibility of selling the property to the mobile home park owner, Roberta
Creech, was discussed; and
WHEREAS, Roberta Creech provided a written offer to the City to buy the property for
Five Thousand Dollars ($5,000.00); and
WHEREAS, the City of Port Orchard has obtained from Roberta Creech a signed Quit
Claim Deed in the name of the Roger M. Creech Credit Shelter Trust, of which she is the
Trustee; and
Resolution No. 049-16
Page 2 of 2
WHEREAS, the City of Port Orchard has determined that a Quit Claim Deed is an
appropriate transfer of interests in this case because the City is only presumed to be the
property owner in the absence of any records indicating that the Old Ross Creek System was
annexed by the Port Orchard Water Utility; and
WHEREAS, the City of Port Orchard has determined that a purchase price of Five
Thousand Dollars ($5,000.00) reflects the clouds on the title to the property related to the fate
of the Old Ross Creek System; and
WHEREAS, the City of Port Orchard has determined that it is commercially reasonable to
transfer the City's interests, if any, in the surplus property known as 100 Melcher Street in this
manner; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
1. Recitals. The recitals set forth above are hereby incorporated by reference as if set
forth in full herein.
2. Authorization for Transfer. The City of Port Orchard hereby authorizes the Mayor to
sign the attached Quit Claim Deed to transfer any interests the City has or holds in
the property known as 100 Melcher Street, Port Orchard, Washington (Kitsap
County Tax Parcel No. 352401-2-022-2006) to the Roger M. Creech Credit Shelter
Trust (Roberta Creech, Trustee). The full legal description for this property is
attached to the Quit Claim Deed as Exhibit A and a depiction of the location of this
property is attached thereto as Exhibit B.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested
by the City Clerk in authentication of such passage this 26th day of April 2016.
ATTEST:
BranAinearson, C C, City Clerk
Robert Putaansuu, Mayor
Lj
R! 0R
`tea z •� Ct)
F!4B� Vic;
j,W�te°°9°
Return Address:
City Clerk ROBERTA J CREECH 2O1605090070
City of Port Orchard Quit Claim Deed Reo Fee: $ 76.00
216 Prospect Street O5/09/2016 11:46 AM Pane: 1 of 4
Port Orchard, WA 98366 Dolores Gilmore, Kitsap Co Auditor
11111111111111 III 111111111111111111111111111111 ue1 mmn 11. mo ..... ........
Grantor: City of Port Orchard, Washington, a municipal corporation
Grantee: Roger M. Creech, Credit Shelter Trust (Roberta J. Creech, Trustee)
Property Address: 100 Melcher Street West, Port Orchard, Kitsap County, Washington 98366
Abbreviated Legal: NE, NW 35-24N-OIE
Assessor's Property Tax Parcel No.: 352401-2-022-2006
QUIT CLAIM DEED
THE GRANTOR, City of Port Orchard, Washington, for and in consideration of five Thousand Dollars
($5,000.00), and up to Five Hundred Dollars ($500.00) in closing costs, conveys and quitclaims to THE
GRANTEE, Roger M. Creech, Credit Shelter Trust (Roberta J. Creech, Trustee), all interest in the following
described real estate, situated in the county of Kitsap, state of Washington:
SEE ATTACHED legal description (Exhibit A) and depiction (Exhibit B).
GRANTOR, CITY OF PORT ORCHARD: GRANTEE, ROGER M. CREECH,
CREDIT SHELTER TRUST:
Robert Putaansuu, Mayor Roberta J. Creech,
ATTEST;
Brand?Rinearson,'City Clerk
DATED THIS DAY OF I 0 tQ 2016.
STATE OF WASHINGTON )
) ss
COUNTY OF KITSAP )
On this day of , 2016, before me personally appeared Robert Putaansuu, tome known to be the
official representAtive of the City of Port Orchard, Washington, who executed the foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act of and deed of the City of Port Orchard for the
uses and purposes therein mentioned, and on oath stated that he/she is authorized tooeexecute
�said instrument.
GIVEN UNDER MY HAND AND OFFICIAL SEAL THIS a(o DAY Op 1�t t { , 2016.
1...........
1, NOTARY PUBLIC in and for the State of Was ington,
LE if, Print Name: I
�51,,•;,ii: E.' residing in
`lr L G My commission expire -1- -
ar = NQTARY ;
PUV�",
C
KITSAP COUNTY TREASURER EXCISE 05/09/2016
2016EX02998
Total: $94.00 Clerk's InitialC�
201605090070 05/09/2016 11:46:01 AM Page 2 of 4
STATE OF WASHINGTON )
ss
COUNTY OF KITSAP )
On this day o&2 2016, before me personally appeared Roberta J. Creech, to me known to be the
Trustee, who exec ted the foregoing instrument, and acknowledged the said instrument to be the free and voluntary
act of and deed of the City of Port Orchard for the uses and purposes therein mentioned, and on oath stated that
he/she is authorized to execute said instrument.
GIVEN UNDER MY HAND AND OFFICIAL SEAL THIS DAY OF OW -, 2016.
, 1,,J, II I I,"P,
... �%
,.,.
OTARY PUBLIC in and -for the St to of Washington,
V "°".E+ Print Name:
QrAR"" Gt residing in G
HY -? t4 My commission expires
PUBLIC
op IN ' ��
Exhibit A
THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 35, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING 20 FEET EAST OF THE SOUTHWEST CORNER OF THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 35; THENCE NORTH
30 FEET; THENCE EAST 100 FEET; THENCE SOUTH 30 FEET; THENCE WEST 100 FEET
TO THE POINT OF BEGINNING; EXCEPT THAT PORTION, IF ANY, LYING WITHIN
MELCHER STREET W. ON THE SOUTH AND SHERMAN AVENUE ON THE WEST.
Resolution No. 049-16 Exhibit B
1 vuv/ vuo
The map is for your aid in / / � O
locating your land with - / / 012 010 006
reference to streets and other . \\
parcels. while it is believed / 0 01 t 6 $
to be correct, the Company
assumes no Habiiity for any 6
loss occurring by reason of _ (4
reliance thereon. P1 064
IANO TCPLF. COMPANY 0 75 *a,
015
r e
018
078
aar-aa UNKNOWN
• q V �l
V
079 049 �.. '� �l°g
40f Ot
Q ose-0o 050
' Subject Sub3Property i
0ac-oo �
- 35-24N-01 E (NW) 019 _ MA T TSON
_ v0s-0o i OZ3 i ��,,�----
a0r-0o` .I 020 if
a0r-00
00t-oo� ! 005-01
021 ; t
ova-o0 _
i7
r1l
HO4
Q
040
039 L-
PO?9 8
�D54
r
Pal! l
1'rP .�
1hD07
043
056
044
046
i
3 _
a
� JO
�J
y,Je
-s 1i
`OJT
.�s
41
ifr + 224-00 3e1 Q STREET
GUTHRIE
-n!-P
! sot-a0
se! -or
0aJ-ee4
46t-a:
000 -00
ace-o
sl
.,•, N
s 009-00
a-o ::.
0
!0
tj
tt
ee•
4 s
is Oi9-0a
♦Q
a:0 ca
1's
I?
"1 0r!-a0
I
_lt
24
r Ir
T
9 019-00 1 lot
02