HomeMy WebLinkAboutTrust Land Transfer Quimper East JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
FROM: Mark McCauley, County Administrator
DATE: March 13, 2023
SUBJECT: Purchase and Sale Agreements by and Between the State of Washington
Acting Through the Department of Natural Resources and Jefferson County: Quimper
West and Quimper East
STATEMENT OF ISSUE:
Jefferson Land Trust(JLT)partnered with Jefferson County in 2009 to lease three Trust Land Transfer
(TLT)Properties, which are state trust land, to the County under the Leases. The Leases were made as trust
land transfers under the authority of Washington Laws of 2008, chapter 328, Section 3042. The Leases
contained a provision whereby the County could purchase the TLT Properties, under certain conditions.
On June 9, 2009, JLT and the County entered into a Stewardship Agreement relating to the Quimper
Peninsula East Property, the Quimper Peninsula West Property, and the Thorndike Property, whereby JLT
agreed to undertake certain reporting, monitoring, and stewardship activities.Now, Jefferson County desires
to exercise its authority, with the support and partnership of Jefferson Land Trust, under the Leases to
purchase the fee interest of the TLT Properties from the State of Washington, held by the Department of
Natural Resources (DNR). The County's purchase of the TLT Properties from the State would satisfy JLT's
mission, by bringing the TLT Properties into perpetual conservation. JLT will facilitate the purchase of the
TLT Properties by the County, by contributing funds pursuant to this Agreement.
In 2021 Jefferson County and DNR entered into an Interagency Agreement the purpose of which was to
facilitate the transfer of the three properties by laying out the ground rules for preparing purchase and sale
agreements for the properties. Subsequently,the County elected not to pursue acquisition of the Thorndyke
property due to the high appraisal - $2,572,800,
On August 1, 2022, following a recommendation from the Conservation Futures Committee the Board of
County Commissioners adopted Resolution 35-22 dedicating up to $199,500 in Conservation Futures
funding for the acquisition of the two Quimper properties. The resolution also required at least a 50% match
using funds from another source, in this case the JLT.
ANALYSIS:
The parties have now taken all required steps to transfer two of the properties: Quimper West and Quimper
East to include the preparation of Purchase and Sale Agreements for both, which are attached. Execution of
these Purchase and Sale Agreements will transfer ownership to Jefferson County. Jefferson County will pay
DNR$382,800 for the properties: $367,000 for Quimper West and $15,800 for Quimper East.
Subsequent to the acquisition of the properties the Jefferson Land Trust will remit 50% of the acquisition
cost, or$191,400 to the County.
At closing of the County's purchase of any of the TLT Properties from DNR that has been funded by JLT,
the County shall record a restrictive covenant on the property, preventing subdivision, while allowing
agricultural uses, sustainable forest management, and habitat protections and not converted to a different use
from these uses, unless and only if JLT consents.
FISCAL IMPACT:
At closing the County will pay$382,000 using Conservation Futures Funds. Subsequent to closing JLT will
reimburse the County$191,400 resulting in a net cost to the County of$191,400.
RECOMMENDATION:
Approve and sign both Purchase and Sale Agreements and the respective seller's disclosures.
REVIEWED BY:
� 3�
Mark McCaule ounty Administrator Dat
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Washington State-DNR Contract No: TLT PSA-1 2023
Contract For: Trust Land Transfer-Quimper East Term: Through Closing
COUNTY DEPARTMENT: County Administrator
Contact Person: Mark McCauley
Contact Phone: 360-385-9130
Contact email: mmccauley@co.jefferson.wa.us
AMOUNT: $15,800 PROCESS: Exempt from Bid Process
Revenue: N/A Cooperative Purchase
Expenditure: $15,800 Competitive Sealed Bid
Matching Funds Required: N/A Small Works Roster
Sources(s)of Matching Funds N/A Vendor List Bid
Fund# 308 RFP or RFQ
Munis Org/Obi 40.59439.610100 Other:
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES CO AN E IT J 080 AND CHAPTU/R 4Y2.23 RCW.
CERTIFIED: 0■ N/A: d -3
Sig t re ate
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED F CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT EN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL
AGENCY.
CERTIFIED: F N/A: Z
Si ture ate
STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche):
Electronically approved by Risk Management on 3/8/2023.
State PSA document.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Lasertiche):
Electronically approved as to form by PAO on 3/9/2023.
Contract contains risk transfer language that is very favorable to the State,
including shifting of liability during state's ownership to the County (including
environmental exposures) with indemnity from the County to the State. Risk
Management assessment of very low possible liability.
STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY(IF REQUIRED).
STEP 6: CONTRACTOR SIGNS
STEP 7: SUBMIT TO BOCC FOR APPROVAL
j
STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
HILARY S. FRANZ,COMMISSIONER OF PUBLIC LANDS
AGREEMENT FOR PURCHASE AND SALE
OF REAL ESTATE
THIS AGREEMENT is made as of the 1 st day of March, 2023, by and between the STATE OF
WASHINGTON,acting by and through the Department of Natural Resources("State")and
Jefferson County,a political sub-division of the State of
Wash ington("Purchaser").
WHEREAS, State is the owner of certain real property known as Quimper East located in Jefferson
County, Washington;and
WHEREAS,State desires to convey the real property to Purchaser,and Purchaser desires to acquire
the real property;
NOW,THEREFORE, in exchange for the mutual promises and covenants herein contained,and
other good and valuable consideration,the mutual receipt and sufficiency of which is hereby
acknowledged by Purchaser and State, it is agreed as follows:
SECTION 1 PROPERTY
1.1 Property to be Sold. State shall sell and convey to Purchaser,and Purchaser shall purchase
and accept from State,all subject to the terms,conditions and contingencies of this Agreement,that
certain real property located in Jefferson County, Washington,the legal description of which is set
forth on Exhibit A,together with all easements, rights-of-way and other rights appurtenant to said
real property. The foregoing property and rights and interests described above are collectively
referred to herein as the"Property."
1.2 Reservation. This sale is subject to the reservation of oils, gases,and minerals and
easements for removal of valuable materials as prescribed in RCW 79.11.210 and in RC W
79.36.370.
SECTION 2 PAYMENT
2.1 Purchase Price. Purchaser shall pay State the Purchase Price of Fifteen Thousand Eight
Hundred U.S. Dollars($15,800)and other charges owed by Purchaser described in Section 10.2
below in cash sufficiently in advance of Closing to facilitate certification of payment to the
Governor and issuance of the deed,but in no event shall the Purchase Price be paid later than sixty
(60)days after approval of this sale by the Board of Natural Resources.
2.2. No Interest. Any deposits or advance payments made by Purchaser under this Agreement
shall be held by the state treasurer without interest.
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SECTION 3 CLOSING
3.1 Date. The"Closing Date," "Closing,"or"Date of Closing,"as those terms are used herein,
shall mean the date upon which all monies are paid and all documents are recorded. Closing shall
be as soon as practical for State to issue a quitclaim deed from the Governor's Office upon
confirmation that the entire Purchase Price shall have been paid to the State Treasury and all terms,
conditions and contingencies have been met. Closing shall not occur later than ninety(90)days
after Board of Natural Resources approval, unless otherwise agreed in writing by the parties.
3.2 Place. Closing shall be carried out at the Olympia office of the Department of Natural
Resources. Purchaser acknowledges that State is acting as an interested party in preparing
documentation for and closing this sale; State is not acting as an escrow. Purchaser should consult
an attorney regarding the legal effects of this transaction.
SECTION 4 CONVEYANCE,TITLE INSURANCE AND POSSESSION
4.1 Possession. Purchaser shall be entitled to possession of the Property on the Closing Date.
4.2 Form of Deed. State shall convey title to the Property to Purchaser by quitclaim deed
executed by the Governor of the State of Washington. Said deed shall be in the same form and
format as Exhibit B,attached hereto and incorporated by this reference herein.
4.3 Title Insurance. State will not furnish a policy of title insurance at Closing.
SECTION 5 RIGHTS AND OBLIGATIONS AFTER ACCEPTANCE
5.1 Inspection. Following the date of this Agreement,and with two(2)business days'prior
notice, State shall permit Purchaser and/or its designated agents to enter upon the Property at all
reasonable times for the purpose of investigating the Property, and the physical condition thereof,
including without limitation,the condition of improvements, if any, located upon the Property.
Purchaser shall not conduct any invasive testing of the soils without prior written consent of State.
5.2 Indemnification and Hold Harmless Regarding Purchaser's Inspection. Purchaser
agrees to indemnify,defend with counsel acceptable to State,and release State, its officers,agents,
and employees from any and all claims, liens or costs,damages, fees and expenses(including but
not limited to attorney and paralegal fees,costs and expenses, including costs and fees incurred on
appeal and in bankruptcy,as well as consultant fees and costs)arising out of or relating to the
actions of Purchaser and actions of Purchaser's agents or employees in exercising such rights of
entry or inspections under this Agreement. Purchaser will be responsible for the payment of any
fines or penalties charged against State or Purchaser,or for any employees or equipment while
under Purchaser's control,employment,or direction, related to activities under Sections 5.1 above
and 5.3 below.
53 Reports and Studies.
(a) Subject to the conditions set forth above, Purchaser shall have the right to prepare,
or have prepared,engineering studies, feasibility studies, surveys, resurveys or
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survey updates,environmental reviews,studies or investigations all of which are
also collectively referred to as the "Purchaser's Studies"with respect to the Property.
All information discovered by Purchaser through Purchaser's Studies shall be
deemed to have been disclosed by State.
(b) Further,with respect to Purchaser's Studies, Purchaser agrees that it is not acting as
the agent of State, and that Purchaser's contractors, architects,engineers,or other
consultants are solely employed by Purchaser to perform the studies for the benefit
of Purchaser. Purchaser further shall provide written notice to each contractor,
architect,engineer and other consultant of these facts, which notice shall also
instruct these parties not to file any liens or notices against the Property prior to
Closing. Purchaser shall ask each party to acknowledge receipt of the notice.
Purchaser shall supply State with a written list of each party to whom this notice
was sent within ten(10)days of their issuance,as well as a copy of each notice as
acknowledged by the party to whom it was given or sent.
(c) In the event that Purchaser does not complete the purchase contemplated in this
Agreement, Purchaser shall immediately provide State with Purchaser's Studies at
no cost to State.
(d) Purchaser shall have the right to examine studies and reports, if any, prepared by
State or its consultants,excluding appraisal reports(all of which are collectively
referred to as "State's Studies").
5.4 Condition of Purchase. If Purchaser's Studies indicate the Property is not reasonably
suitable for the intended use by Purchaser or the Property presents an unreasonable risk to
Purchaser of liability associated with hazardous substances, Purchaser may terminate this
Agreement without further obligation,and Purchaser shall be refunded any deposit.
Purchaser shall give State written notice of Purchaser's decision to terminate within thirty
(30)days of the date of this Agreement. The termination notice shall specify the problems
identified. In the event Purchaser fails to give State such written notice,this termination
right shall expire.
SECTION 6 DESTRUCTION OR CONDEMNATION
State shall bear the risk of loss until Closing. If on or before the Closing Date either the Property is
materially damaged,or condemnation proceedings are commenced with respect to the Property,
Purchaser shall elect either to terminate this Agreement or to purchase the Property. Purchaser
must give written notice of such election to State within fifteen(15)days of Purchaser's knowledge
of such damage or condemnation. Failure to give State notice of Purchaser's election to terminate
shall be deemed an election to purchase. If Purchaser elects to terminate this Agreement,any
deposit shall be returned to Purchaser,and all rights and obligations of Purchaser and State shall
terminate. If Purchaser elects to purchase the Property, Purchaser shall be entitled to the insurance
proceeds, if any,or to the condemnation award either of which shall be without adjustment to the
Purchase Price. Damage shall be deemed "material" if it cannot be repaired or replaced within
ninety(90)days or it represents more than ten percent(101/6)of the Purchase Price.
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SECTION 7 CONDI'TION OF THE PROPERTY
7.1 As Is. The Property is sold "AS IS, WHERE IS." Purchaser is encouraged to examine the
Property to ascertain the condition of the Property,including but not limited to the existence of
encumbrances,encroachments,etc. State does not make and specifically 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 any improvements located thereon. No employee or
agent of State is authorized to make any warranty or representation to the contrary. The foregoing
specifically disclaims 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.
7.2 Release/Indemnity. Purchaser hereby fully releases State from any and all liability to
Purchasers arising out of or related to the condition of the Property prior to,at,or after Closing,
including but not limited to the deposit or release of hazardous or toxic wastes or material,
pollutants,and the following known or suspected defects: None.
It is the intent of the parties that this constitutes a full and final release of any and all claims
concerning any substance including,but not limited to,hazardous substances. This release extends
to and includes any action for contribution for any environmental remedial action. Purchaser agrees
to indemnify,defend with counsel acceptable to State,and release State with respect to,but not
limited to any claims,damages, liabilities,penalties(civil or criminal),.and any other costs,
including attorneys'fees and costs imposed or related to any hazardous,toxic,dangerous,or
harmful substances on the Property deposited or released after Closing.
7.3 Waiver of Seller's Disclosure. If and to the extent that the Property is used for residential
purposes or is zoned for residential use,the Purchaser hereby agrees to waive the right to receive a
seller's disclosure statement pursuant to RCW Chapter 64.06. Notwithstanding the foregoing,to
the extent that the State has actual knowledge of conditions on the Property that would result in a
"yes"answer to any of the questions in the Environmental section of the statutory disclosure form,
State shall provide a completed copy of that section of the disclosure statement to Purchaser.
7.4 Notice of Possible Proximity to Farming Operations. This notice is to inform Purchaser
that the Property being purchased may lie in close proximity to a farm. The operation of a farm
involves usual and customary agricultural practices,which are protected under RCW 7.48.305,the
Washington right to farm act.
SECTION 8 ASSESSMENTS
Purchaser shall buy the Property subject to any assessment remaining unpaid at Closing.
SECTION 9 STATE CONTINGENCY
State's obligations are contingent upon the following:
(a) Approval of the sale by the Board of Natural Resources which shall be made at
their sole discretion;and
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(b) Performance prior to or at Closing of all other acts and payments required of
Purchaser under this Agreement.
SECTION 10 CLOSING AND CLOSING COSTS
Prior to or at Closing the parties shall do the following:
10.1 State.
(a) issue a duly executed quitclaim deed conveying title to the Property within a
reasonable time after confirmation of receipt of the Purchase Price by the State
Treasury;
(b) sign a Real Estate Excise Tax Affidavit;
(c) provide any other documents necessary to consummate this agreement; and
(d) pay prorations to the extent required and determinable.
10.2 Purchaser.
(a) pay the Purchase Price into the State Treasury as set forth in Subsection 2.1;
(b) sign a Real Estate Excise Tax Affidavit;
(c) provide any other documents necessary to consummate this Agreement;
(d) pay all sums and prorations to the extent required under this Agreement and
determinable; and
(e) pay the cost of recording the deed and the county processing fee for filing the Real
Estate Excise Tax Affidavit.
10.3 Prorations. All rents and other income, if any, and water, sewer, utility and maintenance
charges and any other expenses(excluding local improvement assessment as provided under
Section 8)with respect to the operation of the Property levied against the Property shall be prorated
between Purchaser and State as of the Closing Date. To the extent information is then available,
such prorations shall be calculated and paid as of Closing. Such prorations shall be adjusted and
completed after the Closing Date, if necessary, as and when complete information becomes
available, and State and Purchaser agree to cooperate and use their best efforts to complete such
prorations not later than sixty(60)days after the Closing Date. No insurance proration shall be
made.
SECTION 11 SURVIVAL
The obligations not satisfied at Closing or intended to continue beyond Closing shall not be deemed
to have merged in the deed.
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SECTION 12 REAL ESTATE COMMISSION
Purchaser shall pay any real estate commission payable in connection with this transaction. Any
real estate agent or broker acting in this transaction shall be deemed to be the sole agent of
Purchaser.
SECTION 13 NOTICES
All notices required or permitted to be given hereunder shall be in writing and shall be deemed
given upon personal service or deposit in the United States first class mail, postage prepaid, and
addressed as follows:
To Purchaser:
Jefferson County
Attn: Mark McCauley
PO Box 1220
Port Townsend, WA 98368
To State:
Department of Natural Resources
State Lands—Acquisitions and Divestitures
Attn: Matthew Matulovich
PO Box 47014
Olympia, WA 98504-7014
The foregoing addresses may be changed by written notice.
SECTION 14 MISCELLANEOUS
14.1 Entire Agreement. This Agreement constitutes the entire Agreement between the parties.
No prior and contemporaneous negotiations, understandings and agreements,whether oral or
written shall be deemed to exist or bind any of the parties hereto.
14.2 Binding Nature; Assignment of Rights. All rights and obligations arising out of this
Agreement shall inure to the benefit of and be binding upon the respective assigns, if any,of the
parties hereto. However,this Agreement shall not be assignable by Purchaser without the prior
written consent and acceptance by State,which shall be at State's sole and absolute discretion.
14.3 Washington Law. This Agreement shall be construed, interpreted,and enforced pursuant
to the laws of the state of Washington and venue shall be in Thurston County. The terms of this
Agreement shall be given their ordinary meaning and shall not be construed in favor of or against
either party hereto.
14.4 Time of the Essence. Time is of the essence in this Agreement. No waiver or consent to
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any breach or other default in the performance of any of the terms of this Agreement shall be
deemed to constitute a waiver of any subsequent breach of the same or any other term or condition
hereof. In the event time for performance falls on a weekend or legal holiday designated by the
United States or Washington State, performance shall be deemed to be timely rendered if so
rendered on the next business day.
14.5 Captions. The captions and section headings hereof are inserted for convenience purposes
only and shall not be deemed to limit or expand the meaning of any section.
14.6 Invalidity. If any provisions of this Agreement shall be invalid, void or illegal, it shall in
no way affect, impair or invalidate any of the other provisions hereof.
14.7 Counterparts. This Agreement may be signed in counterparts, any one of which shall be
deemed an original.
14.8 Date of Agreement. The date of this Agreement shall be the date on which the last party
executes this Agreement. Said date shall be inserted on the first page hereof when such date is
determined.
14.9 Good Faith. Both parties shall act reasonably and in good faith in order to consummate
this transaction.
14.10 Authorization. Purchaser and the person(s)executing this Agreement on behalf of
Purchaser represent and warrant that they are authorized to do so and that this is a legal, valid,and
binding obligation on behalf of Purchaser, and is enforceable against Purchaser in accordance with
its terms.
14.11 Default. In the event of default, neither party shall be liable for consequential damages.
14.12 Attorneys' Fees and Costs. If either party brings suitor submits to an alternative dispute
process to interpret or enforce any provision of the agreement,the prevailing party shall be entitled
to reasonable attorney fees, paralegal fees, accountant and other expert witness fees and all other
fees, costs and expenses actually incurred in connection therewith, including those incurred on
appeal, in addition to all other amounts provided by law, regardless of whether the matter proceeds
to judgment or is resolved by the defaulting party curing the default.
14.13 Submission. This Agreement must be executed by Purchaser, and an original delivered
to State,at the address set forth in this Agreement, on or before 4:00 p.m. on March 22nd, 2023,
to be considered by State. This Agreement shall not be binding upon State until signed by an
authorized representative of the State.
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IN WITNESS WHEREOF,the parties have executed this Agreement as of the day and year first
above written.
PURCHASER:
Dated: By:
Title:
Approved as to form only:
0 C.
March 9, 2023
Philip C.Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney
STATE:
i
STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
Dated: By:
Hilary S.Franz
Commissioner of Public Lands
Affix the Seal of the Commissioner
of Public Lands
Standard Purchase and Sale Agreement
Approved as to Form in December 2002
by James Schwartz
Assistant Attorney General
State of Washington
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PUBLIC AGENCY ACKNOWLEDGMENT
STATE OF WASHINGTON )
) ss
COUNTY OF_JEFFERSON)
On this day of , 2023, personally appeared before me
to me known to be the of the
public agency that executed the within and foregoing instrument, and acknowledged said
instrument to be the free and voluntary act and deed of said corporation, for the uses and
purposes therein mentioned, and on oath stated that
authorized to execute said instrument for said corporation and that the seal affixed is the
corporate seal of the said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above
written.
Notary Public in and for the State of Washington,
residing at
My appointment expires
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STATE ACKNOWLEDGMENT
STATE OF WASHINGTON )
) ss
COUNTY OF THURSTON )
On this day of , 2023, personally appeared before me HILARY
S. FRANZ, to me known to be the Commissioner of Public Lands, and administrator of the
Department of Natural Resources of the State of Washington, that he executed the within and
foregoing instrument on behalf of the State of Washington, and acknowledged said instrument to
be the free and voluntary act and deed of the State of Washington for the uses and purposes
therein mentioned, and on oath stated that he was authorized to execute said instrument and that
the seal affixed is the official seal of the Commissioner of Public Lands for the State of
Washington.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above
written.
Notary Public in and for the State of Washington,
residing at
My appointment expires
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EXHIBIT A
QUIMPER EAST—DIRECT TRANSFER
Legal Description
Portion of Section 33, T3 I N, R 1 W
Jefferson County, Washington
Government lot 5 of Section 33, Township 31 North, Range 1 West, Willamette Meridian,
Jefferson County, Washington, EXCEPT the north 330 feet thereof, as shown and described by
that Record of Survey recorded January 11, 1996, in Book 17 of Surveys at Pages123-128, under
Auditor's File No. 387842, Jefferson County records.
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EXHIBIT B
QUIMPER EAST—DIRECT TRANSFER
Form of Deed
AFTER RECORDING RETURN TO:
Department of Natural Resources
State Lands—Strategic Planning Section
Attn:Matthew Matulovich
PO Box 47014
Olympia,WA 98504-7014
QUITCLAIM DEED
Jefferson County
Grantor: State of Washington, acting by and through the Department of Natural Resources.
Grantee: Jefferson County,a political subdivision of the State of Washington
Abbreviated
Legal Desc: Portion of Section 33,T3IN, R 1 W
Tax Parcel#: 101333002
THE GRANTOR, STATE OF WASHINGTON,acting by and through the Department
of Natural Resources, for and in consideration of the sum of FIFTEEN THOUSAND EIGHT
HUNDRED Dollars ($15,800), hereby conveys and quitclaims to JEFFERSON COUNTY, a
political subdivision of the State of Washington, 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.
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:
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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 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.
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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
, 2023.
GOVERNOR
ATTEST:
SECRETARYOFSTATE
Approved as to form this day
of , 2023.
Assistant Attorney General
State Deed No. (4)
State Record of Deeds, Volume (4), Page (4).
Transaction File No. 02-102693
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QUITCLAIM DEED-EXHIBIT A
QUIMPER EAST—DIRECT TRANSFER
Legal Description
Portion of Section 33,T31 N, R I W
Jefferson County, Washington
Government lot 5 of Section 33, Township 31 North, Range I West, Willamette Meridian,
Jefferson County, Washington, EXCEPT the north 330 feet thereof,as shown and described by
that Record of Survey recorded January 11, 1996, in Book 17 of Surveys at Pages123-128, under
Auditor's File No. 387842, Jefferson County records.
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SELLER DISCLOSURE: RESIDENTIAL REAL PROPERTY
(1) In a transaction for the sale of unimproved residential property, the seller shall, unless the
buyer has expressly waived the right to receive the disclosure statement under RCW 64.06.010,
or unless the transfer is otherwise exempt under RCW 64.06.010,deliver to the buyer a
completed seller disclosure statement in the following format and that contains, at a minimum,
the following information:
INSTRUCTIONS TO THE SELLER
Please complete the following form. Do not leave any spaces blank. If the question clearly does
not apply to the property write "NA". If the answer is "yes" to any * items, please explain on
attached sheets. Please refer to the line number(s) of the question(s) when you provide your
explanation(s). For your protection you must date and sign each page of this disclosure statement
and each attachment. Delivery of the disclosure statement must occur not later than five business
days, unless otherwise agreed, after mutual acceptance of a written contract to purchase between
a buyer and a seller.
NOTICE TO THE BUYER
THE FOLLOWING DISCLOSURES ARE MADE BY SELLER ABOUT THE CONDITION
OF THE PROPERTY LOCATED AT PORTION OF GOVERNMENT LOT 5 OF SECTION
33,TOWNSHIP 31 NORTH, RANGE 1 WEST, W.M.,JEFFERSON COUNTY,
WASHINGTON, EXCEPT THE NORTH 330 FEET THEREOF.
("THE PROPERTY"), OR AS LEGALLY DESCRIBED ON ATTACHED EXHIBIT A.
SELLER MAKES THE FOLLOWING DISCLOSURES OF EXISTING MATERIAL FACTS
OR MATERIAL DEFECTS TO BUYER BASED ON SELLER'S ACTUAL KNOWLEDGE OF
THE PROPERTY AT THE TIME SELLER COMPLETES THIS DISCLOSURE
STATEMENT. UNLESS YOU AND SELLER OTHERWISE AGREE IN WRITING, YOU
HAVE THREE BUSINESS DAYS FROM THE DAY SELLER OR SELLER'S AGENT
DELIVERS THIS DISCLOSURE STATEMENT TO YOU TO RESCIND THE AGREEMENT
BY DELIVERING A SEPARATELY SIGNED WRITTEN STATEMENT OF RESCISSION
TO SELLER OR SELLER'S AGENT. IF THE SELLER DOES NOT GIVE YOU A
COMPLETED DISCLOSURE STATEMENT,THEN YOU MAY WAIVE THE RIGHT TO
RESCIND PRIOR TO OR AFTER THE TIME YOU ENTER INTO A SALE AGREEMENT.
THE FOLLOWING ARE DISCLOSURES MADE BY SELLER AND ARE NOT THE
REPRESENTATIONS OF ANY REAL ESTATE LICENSEE OR OTHER PARTY. THIS
INFORMATION IS FOR DISCLOSURE ONLY AND 1S NOT INTENDED TO BE A PART
OF ANY WRITTEN AGREEMENT BETWEEN BUYER AND SELLER.
FOR A MORE COMPREHENSIVE EXAMINATION OF THE SPECIFIC CONDITION OF
Seller's Initial Date1lh, Seller's Initial Date
THIS PROPERTY YOU ARE ADVISED TO OBTAIN AND PAY FOR THE SERVICES OF
QUALIFIED EXPERTS TO INSPECT THE PROPERTY, WHICH MAY INCLUDE,
WITHOUT LE IITATION, ARCHITECTS, ENGINEERS, LAND SURVEYORS,
PLUMBERS, ELECTRICIANS, ROOFERS, BUILDING INSPECTORS, ON-SITE
WASTEWATER TREATMENT INSPECTORS,OR STRUCTURAL PEST INSPECTORS.
THE PROSPECTIVE BUYER AND SELLER MAY WISH TO OBTAIN PROFESSIONAL
ADVICE OR INSPECTIONS OF THE PROPERTY OR TO PROVIDE APPROPRIATE
PROVISIONS IN A CONTRACT BETWEEN THEM WITH RESPECT TO ANY ADVICE,
INSPECTION, DEFECTS OR WARRANTIES.
Seller. . . . is/ . X. . . is not occupying the property.
I.SELLER'S DISCLOSURES:
*If you answer "Yes" to a question with an asterisk (*), please explain your answer and attach
documents, if available and not otherwise publicly recorded. If necessary, use an attached sheet.
1.TITLE
[X] Yes [ ] No [ J Don't know A. Do you have legal authority to sell the property? If no,
please explain.
[X] Yes [ J No [ ] Don't know *B. Is title to the property subject to any of the following?
(1) First right of refusal
(2) Option
(3) Lease or rental agreement with Jefferson
County thru Trust Land Transfer Program with
DNR
(4) Life estate?
X Yes [ ) No [ ] Don't know *C. Are there any encroachments, boundary agreements,or
boundary disputes? Real EstateTrespass noted on DNR
Records Search No. T3-084741
[ ] Yes [ X[ No [ J Don't know *D. Is there a private road or easement agreement for access
to the property?
[ ] Yes [ ] No [X] Don't know *E. Are there any rights-of-way,easements,or access
limitations that may affect the Buyer's use of the property?
[ ] Yes [ ] No [X] Don't know *F. Are there any written agreements for joint maintenance
of an easement or right-of-way?
[ ] Yes [ I No [X] Don't know *G. Is there any study, survey project,or notice that would
adversely affect the property?
( J Yes ( J No [X] Don't know *H. Are there any pending or existing assessments against
the property?
[ ] Yes [ J No [X ] Don't know *1. Are there any zoning violations, nonconforming uses,or
Seller's Initial _ Date3 Seller's Initial Date
any unusual restrictions on the property that would affect
future construction or remodeling?
X Yes [] No [ ] Don't know *J. Is there a boundary survey for the property?
[ ) Yes [X] No [ ] Don't know *K. Are there any covenants,conditions,or restrictions
recorded against title to the property?
2. WATER
A. Household Water
[ ] Yes [ X] No [ ] Don't know (1) Does the property have potable water supply?
(2) If yes, the source of water for the property is:
( ] Private or publicly owned water system
[ ] Private well serving only the subject
property
*[ ] Other water system
[ ] Yes [] No [ ] Don't know *If shared, are there any written agreements?
N/A
[ ] Yes [ ] No [ ] Don't know *(3) Is there an easement (recorded or unrecorded)
for access to and/or maintenance of the water
source? N/A
[ ] Yes [ ] No [ ] Don't know *(4) Are there any known problems or repairs
needed? N/A
[ ] Yes [ ] No [ ] Don't know (5) Is there a connection or hook-up charge
payable before the property can be connected to
the water main? N/A
[ ] Yes [ ] No [ ] Don't know (6) Have you obtained a certificate of water
availability from the water purveyor serving the
property? (If yes, please attach a copy.) N/A
[ ) Yes [X] No [ ] Don't know (7) Is there a water right permit,certificate,or
claim associated with household water supply for
the property? (If yes, please attach a copy.
[ ] Yes ( ) No [ ] Don't know (a) If yes, has the water right permit,certificate,or
claim been assigned, transferred, or changed?
[ ] Yes [ ] No [ ] Don't know *(b) If yes, has all or any portion of the water right
not been used for five or more successive years?
[ ] Yes [ ] No [ j Don't know (c) If no or don't know, is the water withdrawn
from the water source less than 5 gallons a day?
[ ] Yes [ ] No [ ] Don't know *(8) Are there any defects in the operation of the
water system (e.g. pipes, tank, pump,etc.)?
Seller's Initial _ Date Seller's Initial Date
B. Irrigation
[ J Yes [ X] No [ J Don't know (1) Are there any irrigation water rights for the
property, such as a water right permit,certificate,
or claim? (If yes, please attach a copy.)
[ ] Yes [ ] No [ ] Don't know (a) If yes, has all or any portion of the water right
not been used for five or more successive years?
[ ] Yes [ J No [J Don't know (b) If yes,has the water right permit,certificate,or
claim been assighned, transferred,or changed?
[ ] Yes [XJ No [ ] Don't know *(2) Does the property receive irrigation water
from a ditch company, irrigation district,or other
entity? If so, please identify the entity that supplies
water to the property:
C. Outdoor Sprinkler System
[ J Yes [ X] No [ ] Don't know (1) Is there an outdoor sprinkler system for the
Property?
[ j Yes [ ] No [ ] Don't know *(2) If yes,are there any defects in the system?
[ ] Yes [ ] No [ ] Don't know *(3)If yes, is the sprinkler system connected to
irrigation water?
3.SEWER/ON-SITE SEWAGE SYSTEM
A. The property is served by: NONE
[ J Public sewer system
( ] On-site sewage system(including pipes, tanks,
drainfields, and all other component parts)
[ ] Other disposal system, please describe:
[ ] Yes [ ] No [ J Don't know B. Is the property subject to any sewage system fees or
charges in addition to those covered in your regularly
billed sewer or on-site sewage system maintenance
service? N.A
C. If the property is connected to an on-site sewage system:
N.A
[ J Yes [ ] No [ ] Don't know *(I) Was a permit issued for its construction?
[ ] Yes [ ] No [ ] Don't know *(2) Was it approved by the local health department
or district following its construction?
[ ] Yes [ ] No [ ] Don't know (3) Is the septic system a pressurized system?
Seller's Initial V"d" DateA3 Seller's Initial Date
[ ] Yes [ ] No [ ] Don't know (4) Is the septic system a gravity system?
[ ] Yes [ ] No [ ] Don't know *(5) Have there been any changes or repairs to the
on-site sewage system?
[ J Yes [ ] No [ ] Don't know 6. Is the on-site sewage system, including the
drainfield, located entirely within the boundaries of
the property? If no, please explain.
[ ] Yes [] No [ ] Don't know *7. Does the on-site sewage system require monitoring and
maintenance services more frequently than once a year?
4. ELECTRICALIGAS
[ J Yes [XJ No [ ] Don't know A. Is the property served by natural gas?
[ ] Yes [ ] No [X ] Don't know B. Is there a connection charge for gas?
[ ] Yes [X ] No [ ] Don't know C. Is the property served by electricity?
[ ] Yes [ ] No [X] Don't know D. Is there a connection charge for electricity?
[ ] Yes [ J No [ X] Don't know *E. Are there any electrical problems on the property?
5. FLOODING
[ ] Yes [ X] No [ ] Don't know A. Is the property located in a government designated flood
zone or floodplain? No, Per check with Jefferson County
Planning Department.
6.SOIL STABILITY
[ ] Yes [ ] No [X J Don't know *A. Are there any settlement,earth movement, slides, or
similar soil problems on the property?
7. ENVIRONMENTAL
[ J Yes [ ] No [X] Don't know *A. Have there been any flooding, standing water, or
drainage problems on the property that affect the property
or access to the property?
[ ] Yes [ J No [XI Don't know *B. Does any part of the property contain fill dirt, waste,or
other fill material?
[ ] Yes [ ] No [X] Don't know *C. Is there any material damage to the property from fire,
wind, floods, beach movements,earthquake,expansive
soils,or landslides?
[ ] Yes [ J No [XI Don't know D. Are there any shorelines, wetlands, floodplains, or
critical areas on the property?
[ ] Yes [ ] No [X] Don't know *E. Are there any substances, materials, or products in or on
the property that may be environmental concerns, such as
asbestos, formaldehyde, radon gas, lead-based paint, fuel or
chemical storage tanks, or contaminated soil or water ?
Seller's Initial ��_ Date Seller's Initial Date
X Yes [ J No [ ] Don't know *F. Has the property been used for commercial or industrial
purposes? Commercial Forestry
[ ] Yes [ ] No [X Don't know *G. Is there any soil or groundwater contamination?
[ J Yes [J No [XI Don't know *H. Are there transmission poles or other electrical utility
equipment installed, maintained,or buried on the property
that do not provide utility service to the structures on the
Property?
[ J Yes [ ] No [X] Don't know *I. Has the property been used as a legal or illegal dumping
site?
[ ] Yes [ ] No [X] Don't know *J. Has the property been used as an illegal drug
manufacturing site?
[ ] Yes [] No [X] Don't know *K. Are there any radio towers in the area that cause
interference with cellular telephone reception?
8. HOMEOWNERS' ASSOCIATION/COMMON
INTERESTS
( ] Yes [ X] No [ ] Don't know A. Is there a homeowners' association?Name of association and
contact information for an officer,director, employee,or other
authorized agent, if any,who may provide the association's
financial statements, minutes,bylaws,fining policy,and other
information that is not publicly available:
[ ] Yes [ X] No [ ] Don't know B. Are there regular periodic assessments:
$ Per [ ] Month [ ] Year [ ] Other
[ j Yes [X ] No [ ] Don't know *C. Are there any pending special assessments?
[ ] Yes [X ] No [ ] Don't know *D. Are there any shared"common areas"or any joint
maintenance agreements(facilities such as walls, fences,
landscaping, pools, tennis courts, walkways, or other areas
co-owned in undivided interest with others)?
9.OTHER FACTS
[ J Yes [X] No [ j Don't know *A. Are there any disagreements,disputes,encroachments,
or legal actions concerning the property?
( ] Yes [ ] No [ ] Don't know *B. Does the property have any plants or wildlife that are
designated as species of concern, or listed as threatened or
endangered by the government?
[ j Yes [XI No [ ] Don't know *C. Is the property classified or designated as forest land or
open space?
[ ] Yes [X J No [ ] Don't know D. Do you have a forest management plan? If yes, attach.
[ j Yes [X J No [ ] Don't know *E. Have any development-related permit applications
been submitted to any government agencies?
If the answer to E is "yes"what is the status or outcome of
Seller's Initial Date Seller's Initial Date
those applications?
X Yes [ ) No [ J Don't know F. Is the property located within a city, county, or district or
within a department of natural resources fire protection
zone that provides fire protection services?
10. FULL DISCLOSURE BY SELLERS
A. Other conditions or defects:
[ ] Yes [ ] No [XI Don't know *Are there any other existing material defects affecting the
property that a prospective buyer should know about?
B. Verification:
The foregoing answers and attached explanations(if any)
are complete and correct to the best of my/our knowledge
and Uwe have received a copy hereof. Uwe authorize all of
my/our real estate licensees, if any, to deliver a copy of this
disclosure statement to other real estate licensees and all
prospective buyers of the property.
DATE SELLER — SELLER
NOTICE TO THE BUYER
INFORMATION REGARDING REGISTERED SEX OFFENDERS MAY
BE OBTAINED FROM LOCAL LAW ENFORCEMENT AGENCIES.THIS NOTICE IS
INTENDED ONLY TO INFORM YOU OF WHERE TO OBTAIN THIS INFORMATION AND
IS NOT AN INDICATION OF THE PRESENCE OF REGISTERED SEX OFFENDERS.
II. BUYER'S ACKNOWLEDGMENT
A. Buyer hereby acknowledges that: Buyer has
a duty to pay diligent attention to any
material defects that are known to Buyer or
can be known to Buyer by utilizing diligent
attention and observation.
B. The disclosures set forth in this statement
and in any amendments to this statement are
made only by the Seller and not by any real
estate licensee or other party.
C. Buyer acknowledges that, pursuant to RCW
6..06.050(2), real estate licensees are not
liable for inaccurate information provided by
Seller, except to the extent that real estate
licensees know of such inaccurate
information.
D. This information is for disclosure only and is
Seller's Initial —�'` DateIAILA 2-t Seller's Initial Date
not intended to be a part of the written
agreement between the Buyer and Seller.
E. Buyer(which term includes all persons
signing the "Buyer's acceptance" portion of
this disclosure statement below)has received
a copy of this Disclosure Statement
(including attachments, if any) bearing
Seller's signature.
DISCLOSURES CONTAINED IN THIS DISCLOSURE STATEMENT ARE PROVIDED BY
SELLER BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE
TIME SELLER COMPLETES THIS DISCLOSURE STATEMENT. UNLESS BUYER AND
SELLER OTHERWISE AGREE IN WRITING, BUYER SHALL HAVE THREE BUSINESS
DAYS FROM THE DAY SELLER OR SELLER'S AGENT DELIVERS THIS DISCLOSURE
STATEMENT TO RESCIND THE AGREEMENT BY DELIVERING A SEPARATELY
SIGNED WRITTEN STATEMENT OF RESCISSION TO SELLER OR SELLER'S AGENT.
YOU MAY WAIVE THE RIGHT TO RESCIND PRIOR TO OR AFTER THE TIME YOU
ENTER INTO A SALE AGREEMENT.
BUYER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS DISCLOSURE
STATEMENT AND ACKNOWLEDGES THAT THE DISCLOSURES MADE HEREIN ARE
THOSE OF THE SELLER ONLY, AND NOT OF ANY REAL ESTATE LICENSEE OR
OTHER PARTY.
DATE BUYER BUYER
(2)The seller disclosure statement shall be for disclosure only, and shall not be considered
part of any written agreement between the buyer and seller of residential property.The seller
disclosure statement shall be only a disclosure made by the seller,and not any real estate licensee
involved in the transaction,and shall not be construed as a warranty of any kind by the seller or
any real estate licensee involved in the transaction.
Seller's Initial N- Date Ih t 23 Seller's Initial Date