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HomeMy WebLinkAbout041221_ca03 615 Sheridan Street Port Townsend, WA 98368 oge/�on www.JeffersonCountyPublicHealth.org Consent Agenda Public Heala JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Vicki Kirkpatrick, Director DATE: April 12, 2021 SUBJECT: Agenda Item — Water Pollution Control Loan, Parcel 702 254 012; Jefferson County; Ray M. Canterbury and Nanette Z. Canterbury; Full Reconveyance STATEMENT OF ISSUE: Jefferson County Public Health requests for Full Reconveyance Re: Water Pollution Control Loan; Parcel 702 254 012; Ray M. Canterbury and Nanette Z. Canterbury. ANALYSIS/STRATEGIC GOALS/PRO'S and CONS: In 1994, through the Water Pollution Loan Program, Ray M. Canterbury and Nanette Z. Canterbury established a loan for a failing septic system which was coordinated by Jefferson County Public Health and Land Title Company of Jefferson County. Land Title Company of Jefferson County, Trustee on the original Deed of Trust, is no longer in business and therefore a Substitution of Trustee is necessary. FISCAL IMPACT/COST BENEFIT ANALYSIS: The original Water Pollution Loan amount was $15,307.97 with 0.0% interest for 5 years, then 4% annually compounded. Amount received in 2021 totaled $36,278.64. Filing Fee for the Full Reconveyance is $225.00 and the cost to record the Substitution of Trustee is $18.00 for a total of$243.00. RECOMMENDATION: JCPH management requests for Full Reconveyance and Substitution of Trustee Re: Water Pollution Control Loan; Parcel 702 254 012; Ray M. Canterbury and Nanette Z. Canterbury. REVIEWED BY: Philip Morley, Co • rator Date Community Health Environmental Public Health Developmental Disabilities 360-385-9444 360-385-9400 (f) 360-379-4487 360-385-9401 (t) Always working for a safer and healthier community Request for Full Reconveyance The undersigned beneficiary is the legal owner and holder of the promissory note in the original sum of$15,307.97, secured by that certain Deed of Trust dated October 31, 1994 in which Ray M.Canterbury and Nanette Z. Canterbury is grantor,and Land Title Company of Jefferson County is trustee,filed for record on November 1, 1994,as Auditor's File No.376616, records of Jefferson County, Washington. The note and all other indebtedness secured by said Deed of Trust having been fully satisfied,the note and Deed of Trust are herewith surrendered to you for cancellation and reconveyance. You are therefore requested,upon payment of all sums owing to you,to reconvey without warranty,to the person(s)entitled thereto,the right,title and interest now held by you thereunder. Dated: (Beneficiary) By Kate Dean-Chair,Board of County Commissioners,for Jefferson County,Washington 1820 Jefferson Street P.O.Box 1220 Port Townsend,WA 98368 STATE OF COUNTY OF The foregoing instrument was acknowledged before me this_day of 20 (SEAL) Notary Public State of My commission Expires: LPB 23-05 Page 1 of 1 AFTER RECORDING MAIL TO: Jefferson County Public Health Attn: Veronica Shaw 615 Sheridan Street Port Townsend,WA 98368 SUBSTITUTION OF TRUSTEE Whereas Land Title Company of Jefferson County, is the Original Trustee, and the undersigned, Jefferson County, Washington, is the present beneficiary under that certain Deed of Trust executed by Ray M. Canterbury and Nanette Z.Canterbury,as Grantors on October 31, 1994 said Deed of Trust was recorded in the office of the county recorder of Jefferson County on November 1, 1994 under recording number 376616,and covers real property situated in the county of Jefferson, State of Washington. Legal Description contained in said Deed of Trust. Whereas the undersigned Beneficiary hereby substitute a new trustee under said Deed of Trust in the place and stead of said Trustee: Now therefore, the undersigned Beneficiary hereby substitutes and appoints Jefferson Title Company, whose address is P.O. Box 256, Port Townsend, WA 98368 as Successor Trustee under said Deed of Trust. Dated (Beneficiary) By: Kate Dean-Chair,Board of County Commissioners,for Jefferson County,Washington 1820 Jefferson Street P.O.Box 1220 Port Townsend,WA 98368 STATE OF COUNTY OF The foregoing instrument was acknowledged before me this_day of 20 (SEAL) Notary Public State of My commission Expires: JEFFERSON COUNTY COMMUNITY Svc, P.O. BOX 1220 PORT TOWNSEND, WA 98368 EXHIBIT D ATM: SHIRLEY' 13tca DEED OF TRUST 376616 This Deed of Trust, hereinafter referred to as Security Instrument, is made on 3 day of October, 1994. The Grantor,hereinafter referred to as Borrowers, are Ray M.Canterbury and Nanette Z. Canterbury, husband and wife. The Trustee, hereinafter referred to as Trustee, is Land Title Company of Jefferson County. The Beneficiary,hereinafter referred to as Lender is Jefferson County, Washington, which is organized and existing under the laws of the State of Washington, and whose address is P. O. Box 1220, City of Port Townsend, County of Jefferson, State of Washington. Borrower owes Lender the principal sum of Fifteen Thousand Three Hundred Seven Dollars and 97/100 Dollars($15,307.97). This debt is evidenced by Borrower's.note dated the same date as this Security Instrument, hereinafter referred to as Note, which provides for payment terms. This Security Instrument secures to Lender: (a)the repayment of the debt evidenced by the Note,with interest, and all renewals, extensions, and modifications; (b) the performance of Borrower's covants and agreements under this Security Instrument and the Promissory Note executed on JJ day of October, 1994, hereinafter referred to as Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in Jefferson County, Washington, to-wit: That portion of Government Lot 3 of Section 25,Township 27 North, Range 2 West, W.M., more particularly described as follows: Beginning at the Southwest comer of that parcel conveyed by deed to Ethel M.Danielson recorded under Auditor's File No. 10753, thence running Easterly along the Southerly boundary of said parcel to the meander line of Quilcene Bay;thence Southerly along the meander line of said Quilcene Bay to the Northeast corner of that parcel conveyed by deed to Patricia Louise Larson recorded under Auditor's File No. 253444; thence running Westerly along the Northern boundary of said Larson parcel to the Northwest corner thereof; thence running Northerly along the Easterly boundary of that parcel conveyed to the Port of Port Townsend by deed recorded in Volume 153 of Deeds,pages 446 to 448, to the True Point of Beginning. (Being designated on the County Assessor's records as Tax No. 5 and 11.) ALSO, tidelands of the second class, situate in front of, adjacent to and abutting upon that portion of Government Lot 3, in Section 25, Township 27-North, Range 2 West, W.M.,described as follows: • • Beginning at the Northeasterly corner of the afonadescribed Danielson parcel; thence . running Southerly along the meander line of Quilcene Bay terminating at the South line • of said Government Lot 3. (Being designated on the County As -rd as Tideland Tax No. H and M.) f -. Situate in Jefferson County, Washington. `t ( ! BPI NOV M E.GABOURY YJ 1 y« 248 � �p CH CC ti Y AUDITOR • tElirtT NOV- 1 1994 j reasonable cause for the inspection. SECTION VI BORROWER NOT RELEASED; FORBEARANCE BY LENDER NOT A WAIVER Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. SECTION VII SUCCESSORS AND ASSIGNS BOUND;JOINT AND SEVERAL LIABILITY; CO-SIGNERS The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provision of Section XIII hereof. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a)is co- signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b)is not personally obligated to pay the sums secured by this Security Instrument;and(c)agrees that Lender and any other Borrower may agree to extend, modify, forbear, or make any accommodations with regard to the terms of this Security instrument or the Note without that Borrower's consent. SECTION VIII LOAN CHARGES If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits,then: (a)any such loan charge shall be reduced by the amount necPccary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower that exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. VOL 516 and 3 If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than thirty[30] days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. SECTION XIV BORROWER'S RIGHT TO REINSTATE If Borrower meets certain conditions,Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) five [5]days (or such other period as applicable law may specify for reinstatement)before sale of the Property pursuant to any power of sale contained in this Security Instrument;or(b)entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a)pays the Lender all sums that then would be due under this Security Instrument and the Note has no acceleration occurred; (b)cures any default of any other covenants or agreements; (c)pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon_reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no arrrteration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Sections IX or XIII hereof. SECTION XV ACCELERATION; REMEDIES Lender shall give notice to Borrower prior to acceleration following Borrower's breach.of any covenant or agreement in this Security Instrument(but not prior to ac r leration under Sections IX or XIII hereof unless applicable law provides otherwise). The notice shall specify: (a)the default,(b)the action required to cure the default;(c)a date,not less than thirty[30]days from the date the notice is given to Borrower, bywhich the default must be cured; and(d)that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property at public auction at a date not less than one hundred twenty [120] days in the future. The notice shall further inform Borrower of the right to reinstate after acceleration, the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to nr eleration and sale,and any other matters required to be included in the notice by applicable law. If the default is not cured on or before the date specified in the notice, Lender, at its option, may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph, including, but not limited to, reasonable attorney's fees and costs of title evidence. If Lender invokes the power of sale, Lender shall give written notice to Trustee of the occurrence of an event of default and of Lender's election to cause the Property to be sold. Trustee and Lender shall take such action regarding notice of sale and shall give such notices to Borrower and to other persons as applicable law may require. After the tite required by applicable law and after 5 VOL 516 SECTION XIX USE OF PROPERTY The Property is not used principally for agricultural or farming purposes. DA this \/ dray of October, 1994. • RA M. CANTERB N Z. CA RBURY STATE OF WASHINGTON ) ) ss. County of Jefferson ) On this day personally appeared before me Ray M. Canterbury and Nanette Z. Canterbury,to me known to be the individuals described in and who executed the foregoing instrument, and acknowledged to me that they signed and sealed this said instrument as their free and volun d deed for the uses and purposes therein mentioned. PAI Given under my hand and official seal this I day of October, 1994. ?oy`3r s••.:c. a' NOTARY PUBLIC in and# tliA'gjli r Washington,residing atf i!v'>4 516 s;�254 JEr FERSON COUNTY ►':: =^ ,: jt-: "� _ To f+' PLANNING AND BUILDING DEPARTMENT t+ i r(: ��'�,..': ��, P.O.Box 1220 Port Townsend,Washington 98368 ^, Planning(206)385-9140 Building(206)385-9141 JEFFERSON COUNTY COURTHOUSE WATER QUAUTY IMPROVEMENT LOAN AGREEMENT NUMBER 94-004-25 AGREEMENT made this 31 st day of October. 1994,by and between JEFFERSON COUNTY, hereinafter referred to as the"COUNTY", and Ray M.Canterbury and Nanette Z.Canterbury hereinafter referred to as the "OWNER". COUNTY and OWNER agree as follows: 1. PREMISES: Owner shall have installed the rehabilitation measures described in the attached Exhibit "A", REHABILITATION MEASURES, hereinafter referred to as the "REHABILITATION MEASURES",on the property located at 1761 Linear Lonaer Rd. Quilcene, WA 98376, hereinafter referred to as the "PREMISES". OWNER has provided a legal description of the PREMISES, which is set forth in the attached Exhibit "B". OWNER represents that he is the OWNER or CONTRACT PURCHASER of the PREMISES. 2. REHABILITATION MEASURES: OWNER represents that OWNER has contracted with a contractor or contractors acceptable to the COUNTY for the purchase and installation at the PREMISES of the REHABILITATION MEASURES. 3. LOAN: The COUNTY will loan OWNER the amount of Fifteen Thousand Three Hundred Seven and 97/100 Dollars ($15,307.97) hereinafter referred to as the "LOAN", after installation of the REHABILITATION MEASURES. The COUNTY may make such LOAN by paying contractor on behalf of OWNER. OWNER shall be responsible for paying all other obligations to contractor above the amount of the LOAN. 4. PROMISSORY NOTE AND DEED: At the time of the LOAN, OWNER shall execute a promissory note,herinafter referred to as the"NOTE",to the COUNTY for the amount of the LOAN in the form set forth as Exhibit "C". The NOTE shall be secured by a deed of trust on the PREMISES, in the form attached as Exhibit "D", which shall be executed by OWNER simultaneously with the execution of the NOTE. 5. REPAYMENT OF THE LOAN: OWNER shall repay the LOAN pursuant to the terms specified in the NOTE. 6. SEPARATE CONTRACT: The purchase and installation of the REHABILITATION MEASURES are to be provided for under a separate contract between OWNER and contractor. COUNTY shall not be, and shall not be deemed to be, a party to such contract. All obligations to contractor shall be OWNER's and not COUNTY's responsibility. OWNER expressly acknowledges the COUNTY's involvement with respect to the REHABILITATION MEASURES, including but not limited to any inspection by COUNTY of the PREMISES or of the REHABILITATION MEASURES, is solely undertaken in connection with furnishing the LOAN. The types of materials, methods of installation,quality and timing thereof; and any warranties with respect to the REHABILITATION MEASURES or their installation at the PREMISES are solely matters to be agreed upon between OWNER and contractor. COUNTY does not make (and OWNER acknowledges that COUNTY does not make) any implied or express warranty (including but not limited to any implied warranty of merchantability of fitness), representation or promise with respect to either (a) the REHABILITATION MEASURES, (b) any materials and labor required for the installation of the REHABILITATION MEASURES, or (c) the installation of the REHABILITATION MEASURES. 7. RELEASE: OWNER releases COUNTY from any and all claims; losses, harm, costs, liabilities,damages,and expenses directly or indirectly resulting from or in connection with either(a)the REHABILITATION MEASURES,(b)any materials and labor required for the installation of the REHABILITATION MEASURES, or (c) installation of REHABILITATION MEASURES. EXHIBIT "A" REHABILITATION MEASURES The rehabilitation measures are those requirements or conditions stated in the sewage disposal permit issued by the Jefferson County Health Department and approved on October 18, 1994. • • REHAB NO: 94-004-25 ss,sw'T cob� JEFFERSON COUNTY PLANNING DEPARTMENT _ to ,; Long-Range Planning and Growth Management owzt . $ Jefferson County Courthouse P.O.Box 1220 Port Townsend,WA 98368 ' NC1C4) (206)385-9123 FAX:(206)385-9357 1-800-831-2678 EXHIBIT "C" PROMISSORY NOTE (Deferred Payment) NUMBER 94-004-25 Jefferson County, Washington FOR VALUE RECEIVED, undersigned owner(s) promises to pay to the order of Jefferson County, a political subdivision of the State of Washington, with its county seat in Port Townsend, Washington, hereinafter referred to as "BENEFICIARY," the sum of Fifteen Thousand Three Hundred Seven and 871100 Dollars ($15.307.97) in lawful money of the United States of America, which is the actual costs of Rehabilitation Measures and Loan Costs associated with the project. Interest shall be charged on this NOTE as set out below. The principal and interest shall be payable to Jefferson County at the office of Jefferson County Treasurer at Port Townsend,Washington,or such other place as BENEFICIARY may designate in writing. The principal amount of this NOTE shall be due and payable at such time as: (1)the grantor dies;(2)the grantor fails to maintain his or her permanent residence on the real property which secures this NOTE, which is set out in the premises attached hereto as Exhibit "B" and the deed of trust attached hereto as Exhibit "D," and by this reference incorporated herein;or,(3)the real property subject to the deed of trust, attached hereto as Exhibit "D," is transferred, sold,or conveyed, or any interest in the said property is transferred, sold, or conveyed. Where grantors are husband and wife at the time of execution of this NOTE, a transfer of the interest of one spouse to the other on dissolution of marriage or on death will not constitute a transfer of interest which makes this NOTE due and payable. INTEREST RATE: There will be a Zero percent (0.00%) interest rate charge for the first five (5) years. An interest rate of Four percent (4.0%) per annum compounded annually will be charged thereafter on the unpaid balance of the LOAN. The interest will be collected at such time as the principal amount of this NOTE is due and payable. PREPAYMENT OF NOTE: The grantor may pay the debt evidenced by this NOTE in full, or may pay any portion, without penalty at any time; however, any such payment will be credited to grantor's account as if received on the final day of the current interest period. If default be made in the payment of the indebtedness when due, then, at the option of the holder of this NOTE, the entire indebtedness •shall thereafter bear interest at the maximum rate permitted by law. If this NOTE is placed in the hands of an attorney for collection after any default, whether suit is brought or not, OWNER promises to pay all costs of collection, including reasonable attome 's fees, and agrees Ythat at the option of the holder the venue of any such suit may be laid in Jefferson County, Washington. Failure of BENEFICIARY to exercise all or any of its rights herein shall not constitute a waiver of any of such rights. Each and every party signing or endorsing this NOTE hereby waives presentment,demand,protest, and notice of non-payment hereof and binds himself JEFFERSON COUNTY SEPTIC SYSTEM REPAIR PROGRAM TRUTH IN LENDING DISCLOSURE STATEMENT DEFERRED PAYMENT LOAN SSRP Project File #94-004-25 Applicant: Ray M. & Nanette Canterbury Address: 1761 Linger Longer Rd, Ouilcene WA 98376 Phone: 765-3959 A. ANNUAL PERCENTAGE D ATE; B. AMOUNT FINANCED $1 c 3 47 9 7 0% First 5 Yrs. 4.0% After 5 Yrs. C. TOTAL OF PAYMENTS: $15,307.97* Refer to trust deed and promissory note for terms. *Not including interest payments. D. FINANCE CHARGE: $0* *Not including interest payments. E. SECURED LOANS 1. Loan is secured by 2. Cost of Construction $15.180.17 a) Trust Deed Covering 3. Misc. Costs: Property at: Permits 1761 Linger Longer Rd Other Ouilcene WA 98376 4. Closing Costs: Evidence of Title 113.80 Recording costs 14.00 5. TOTAL LOAN AMOUNT $15,307.97 F. CREDITORS: Jim Morger Construction Inc Land Title Company For the Jefferson County Septic System Repair Program G. I acknowledge receipt of a co, of thi to ement. /0-3 /- 7y Date .i Witnes Si ature(s of Borrower(