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HomeMy WebLinkAbout070714_ca21Department of Central Services O Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Philip Morley, County Administrator From: Frank Gifford, Central Services Director �X4 Agenda Date: July 7, 2014 Subject: Beausite Lake Trust Land Transfer Deed Statement of Issue: The Chair of the Board of County Commissioners signature is requested as the grantee for the Beausite Lake Trust Land Transfer Deed. Analysis: By signing the deed approval letter, the Beausite Lake Trust Lands will be transferred to Jefferson County. The document will be forwarded on to Department of Natural Resources for signature by the Governor. A fully executed Quitclaim Deed will be recorded and returned to Jefferson County. Fiscal Impact /Cost Benefit Analysis: None Recommendation: The Chair of the Board is asked to approve and sign the letter, Reviewed By: lY Philip Morley, my [Administrator Dat aq PA AIVLOAI WASHfNGTON STATE DEPARTMENTOF Natural Resources June 4, 2014 Mr. Frank Gifford Central Services Director Jefferson County PO Box 1220 Port Townsend, WA 98368 RE: Beausite Lake Trust Land Transfer Dear Mr. Gifford: PETER GOLDMARK Commissioner of Public Lands The Board approved the Beausite Lake Trust Land Transfer on May 6, 2014. Enclosed for your review is a copy of the deed the state will issue under the Trust Land Transfer program for the Beausite Lake properties. Also enclosed are a number of documents related to the closing of the transfer. Please return the following by June 18, 2014 to Department of Natural Resources, Conservation, Recreation and Transactions Division, PO Box 47014, Olympia, Washington, 98504 -7014. This letter signed and dated, or a copy of this letter with original signature, indicating your approval of the deed. 2. A Real Estate Excise Tax Affidavit (all four copies): signed and dated in the space provided at the bottom of the form for Grantee /Agent. 3. Disclosure to Recipient: signed and dated. A Notice of Continuing Forestland Obligations form for your signature will be emailed separately in the next few weeks. Once I receive your approval of the deed, I will forward it to the Commissioner of Public Lands for approval and then to the Governor for signature. After the Governor signs the deed, I will send you a copy and send the original to the county for recording. Once recorded and returned by the county, the original deed will be forwarded to you. 1111 WASHINGTON ST SE MS 47014 OLYMPIA, WA 98504 -7014 TEL: (360) 902 -1600 • FAX: (360) 902 -1789 TRS: 711 TTY: (360) 902 -1125 • WWW.DNR.WA.GOV EQUAL OPPORTUNITY EMPLOYER June 4, 2014 Mr. Frank Gifford Please call me at (360) 902 -1009 or Trust Land Transfer Manager Bob Winslow at 902 -1622 if you have questions. Sincerely, Cindy Neff Cindy Neff, Project Assistant Conservation, Recreation and Transactions Division Enclosures c: Olympic Region Transfer File No. 02- 090358 DEED APPROVED: Grantee Title Date 1111 WASHINGTON ST SE • PO BOX 47000 • OLYMPIA, WA 98504 -7000 FAX. (360) 902 -1775 • TTY.- (360) 902 -1125 • TEL: (360) 902 -1000 Equal Opportunity Employer /Affirmative Action Employer AFTER RECORDING RETURN TO: Department of Natural Resources Conservation, Recreation and Transactions Division ATTN: Bob Winslow PO Box 47014 Olympia, WA 98504 -7014 Document Title: Quitclaim Deed Reference Number(s) of Related Documents: Grantor: STATE OF WASHINGTON, acting by and through the DEPARTMENT OF NATURAL RESOURCES Grantee: Jefferson County Abbreviated Legal Description: Ptn of SW 27- 29 -1W; Ptn ofEl /2 28- 29 -1W; NW NW 34 -29 -1 W Assessor's Property Tax Parcel /Account Number(s): 901273001; 901273003; 901281004; 901284003; 901342004 Quitclaim Deed No. 26863 ■ Beausite Lake Trust Land Transfer No. 02- 090358 Page 1 of 5 COPY QUITCLAIM DEED Jefferson County THE GRANTOR, STATE OF WASHINGTON, acting by and through the Department of Natural Resources, for and in consideration of the sum of ONE MILLION SEVEN HUNDRED FIFTY THREE THOUSAND Dollars ($ 1,753,000), which amount has been paid by state legislative appropriation pursuant to Laws of 2013, Chapter 19, Section 3231 and RCW 79.17.200, hereby conveys and quitclaims to Jefferson County, GRANTEE, all interest in the real property situated in Jefferson County, Washington, and described in EXHIBIT A, attached hereto, which by this reference is made a part hereof. This transfer is subject to a restriction on use of the property for the public purposes of fish and wildlife habitat, open space, or recreation. Purchaser may request approval for alternative uses of the property that are compatible with these public purposes from the Department and the Legislature. The above - described lands are subject to that certain statutory reserved right as set forth in RCW 79.36.370 and to the following reservation: The Grantor hereby expressly saves, excepts, and reserves out of the grant hereby made, unto itself and its successors and assigns forever, all oils, gases, coal, ores, minerals, and fossils of every name, kind, or description, and which may be in or upon said lands above described, or any part thereof, and the right to explore the same for such oils, gases, coal, ores, minerals, and fossils; and it also hereby expressly saves and reserves out of the grant hereby made, unto itself and its successors and assigns forever, the right to enter by itself or its agents, attorneys, and servants upon said lands, or any part or parts thereof, at any and all times, for the purpose of opening, developing, and working mines thereon, and taking out and removing therefrom all such oils, gases, coal, ores, minerals, and fossils, and to that end it further expressly reserves out of the grant hereby made, unto itself, its successors and assigns, forever, the right by its or their agents, servants, and attorneys at any and all times to erect, construct, maintain, and use all such buildings, machinery, roads, and railroads, sink such shafts, remove such soil, and to remain on said lands or any part thereof for the business of Quitclaim Deed No. 26863 ■ Beausite Lake Trust Land Transfer No. 02- 090358 Page 2 of 5 mining and to occupy as much of said lands as may be necessary or convenient for the successful prosecution of such mining business, hereby expressly reserving to itself and its successors and assigns, as aforesaid, generally, all rights and powers in, to, and over said land, whether herein expressed or not, reasonably necessary or convenient to render beneficial and efficient the complete enjoyment of the property and the rights hereby expressly reserved. No rights shall be exercised under the foregoing reservation, by the state or its successors or assigns, until provision has been made by the state or its successors or assigns, to pay to the owner of the land upon which the rights reserved herein to the state or its successors or assigns, are sought to be exercised, full payment for all damages sustained by said owner, by reason of entering upon said land: PROVIDED, That if said owner from any cause whatever refuses or neglects to settle said damages, then the state or its successors or assigns, or any applicant for a lease or contract from the state for the purpose of prospecting for or mining valuable minerals, or option contract, or lease, for mining coal, or lease for extracting petroleum or natural gas, shall have the right to institute such legal proceedings in the superior court of the county wherein the land is situate, as may be necessary to determine the damages which said owner of said land may suffer. Grantee accepts the Property "AS IS, WHERE IS" with all faults. The Grantor disclaims any warranties, express or implied, including any warranty of merchantability or fitness for a particular purpose about the Property, including but not limited to improvements located thereon, and no employee or agent of the Grantor is authorized otherwise. The foregoing specifically includes warranties with respect to the existence or nonexistence of any pollutants, contaminants, or hazardous waste or claims based thereon arising out of the actual or threatened discharge, disposal, seepage, migration, or escape of such substances at, from, or into the Property. Grantee hereby fully releases the Grantor from any and all liability to Grantee arising out of or related to the condition of the Property prior to, at, or after Grantee accepts title to the Property, including but not limited to the deposit or release of hazardous or toxic wastes or material and pollutants. Quitclaim Deed No. 26863 ■ Beausite Lake Trust Land Transfer No. 02- 090358 Page 3 of 5 This Deed is executed and delivered pursuant to RCW 79.02.270 at the request of the Commissioner of Public Lands with the approval of the Board of Natural Resources, State of Washington. WITNESS the Seal of the State of Washington, affixed this day of , 2014. GOVERNOR ATTEST: SECRETARY OF STATE Approved as to form this -�� day of J c i , 2014. Assistant Attorney Gene Deed No. 26863 State Record of Deeds, Volume 14, Page 75. Transaction File No. 02- 090358 Quitclaim Deed No 26863 ■ Beausite Lake Trust Land Transfer No. 02- 090358 Page 4 of 5 DEPARTMENT OF NATURAL RESOURCES EXHIBIT A LEGAL DESCRIPTION OF BEAUSITE LAKE TRUST LAND TRANSFER The following describes the State land to be transferred to Jefferson County: Parcel 1 That certain parcel surveyed and designated as "STATE" and described in Record of Survey filed under Auditor's File No. 546045, dated August 24, 2009, records of Jefferson County, Washington. Parcel 2 Parcel "E" as described in Statutory Warranty Deed recorded in Auditor's File No. 323550, records of Jefferson County, Washington. Being described as that portion of the East half of the East half of the Southwest quarter of Section 27, Township 29 North, Range 1 West W.M., lying westerly of the right of way of West Chimacum Valley Road as conveyed in Jefferson County by deed recorded March 25, 1981, under Auditor's file no. 271432. Parcel 3 Parcel "C" as described in Statutory Warranty Deed recorded in Auditor's File No. 323550, records of Jefferson County, Washington. Being described as the Northwest Quarter of the Northwest Quarter of Section 34, Township 29 North, Range 1 West, W.M., Jefferson County, Washington. Parcel 4 The West half of the East half of the Southwest Quarter and the East Half of the West half of the Southwest Quarter and the West half of the West half of the Southwest Quarter lying south of the right of way of Beausite Lake Road, all within Section 27, Township 29 North, Range 1 West, W.M., Jefferson County, Washington. Together with and Subject to Rights of way for Beausite Lake Road. Rynea L. Edwards, PLS 45158 State Land Survey Unit PO Box 47030 Olympia, WA 98504 -7030 Quitclaim Deed No 26863 ■ Beausite Lake Trust Land Transfer No. 02- 090358 Page 5 of 5