HomeMy WebLinkAboutQuimper East 615 Sheridan Street
�n Port Townsend, WA 98368
eths°n www.JeffersonCountyPublicHealth.org
Public Health Consent Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Mark McCauley, County Administrator
FROM: Pinky Feria Mingo, Environmental Health and Water Quality Director
Tami Pokorny, Natural Resources Program Coordinator
DATE: n/oVeWt6e-- I3 2()23
SUBJECT: Agenda item — Amendments No. 1 to Purchase and Sale of Real Estate
Agreements Between the State of Washington Acting Through the Department
of Natural Resources and Jefferson County: Quimper West and Quimper East
STATEMENT OF ISSUE:
Jefferson County Public Health requests approval of the Amendments No. 1 to Purchase and Sale of Real
Estate Agreements Between the State of Washington Acting Through the Department of Natural
Resources and Jefferson County: Quimper West and Quimper East
ANALYSIS/STRATEGIC GOALS/PRO'S and CONS:
Jefferson Land Trust, Jefferson County and DNR have taken steps to transfer the properties: Quimper West
and Quimper East to County ownership using a combination of Conservation Futures and Jefferson Land
Trust funds. The purchase and sale agreements were signed by Jefferson County on March 13, 2023 and the
Commissioner of Public Lands on April 10, 2023. The Agreement provides that closing shall occur no later
than ninety (90) days after approval of the transfer by the Board of Natural Resources unless otherwise
agreed to in writing by the parties. Additional time is necessary to clear title and to attend to matters of
closing, and the amendment would provide up to 275 days.
FISCAL IMPACT/COST BENEFIT ANALYSIS•
The amendments are for the purpose of a time extension and do not represent any additional funding
requirements.
Community Health Environmental Public Health
Developmental Disabilities 360-385-9444
360-385-9400 (f) 360-379-4487
360-385-9401 (f) Always working for a safer and healthier community
EH-23-078-A 1
RECOMMENDATION:
JCPH Management recommends BoCC signatures Amendments No. 1 to Purchase and Sale of Real Estate
Agreements Between the State of Washington Acting Through the Department of Natural Resources and
Jefferson County: Quimper West and Quimper East
REVIEWE BY:
Mark McCauley,
ty Administrator Date
community Health
Developmental Disabilities Environmental Public Health
360-385-9400 360-385-9444
Always working for a safer and healthier community (t) 360-379-4487
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: WA Dept of Natural Resources Contract No: EH-23-078-Al
Contract For: Amendment to Real Estate Purchase Agmt Term: 275 days following approval
COUNTY DEPARTMENT: Environmental Health
Contact Person: Tami Pokorny
Contact Phone: X 498
Contact email: tpokorny&o.jefferson.wa.us
AMOUNT: $15.800 PROCESS: V1Exempt from Bid Process
Revenue: Cooperative Purchase
Expenditure: $15,800 Competitive Sealed Bid
Matching Funds Required: Small Works Roster
Sources(s) of Matching Funds Vendor List Bid
Fund# 127 RFP or RFQ
Munis Org/Obj 12756210 Other:
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES COMP CE WI CC 3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: Q N/A:® Nov. 8,2023
Signature Date
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL
AGENCY.
CERTIFIED: R N/A: Nov. 8,2023
Signatu Date
STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche):
Electronically approved by Risk Management on 11/9/2023.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Lascrlichc):
Electronically approved as to form by PAO on 11/8/2023.
Negotiated with the assistance of the PAO.
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
I
e-'Sµ1NQro� DEPARTMENT OF
NATURAL RESOURCES
Strategic Planning Office
1111 Washington Street SE
C Olympia, WA 98504-7014
�% 360-902-1600
Gp NATU9L AMPD@DNR.WA.GOV
WWW.DNR.WA.GOV
STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
Hilary S. Franz, Commissioner
AMENDMENT NO. 1
TO
PURCHASE AND SALE OF REAL ESTATE AGREEMENT
This Agreement is entered into by and between the State of Washington, acting by and through
the Department of Natural Resources (hereinafter referred to as "State") and Jefferson County, a
political subdivision of the State of Washington, (hereinafter referred to as"Purchaser").
The State and Purchaser are parties to an Agreement for Purchase and Sale of Real Estate dated
April 10, 2023, (hereinafter referred to as the "Agreement") providing for sale and acquisition of
certain real property in the State of Washington.
The Agreement provides that closing shall occur no later than ninety (90) days after approval of
the transfer by the Board of Natural Resources unless otherwise agreed to in writing by the parties.
State and Purchaser agree that additional time is necessary to clear title and to attend to matters of
closing.
NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby
acknowledged, State and Purchaser agree to amend the Agreement as follows:
1. Section 3.1 Date is amended to extend the date of Closing to not later than 275 days after
Board of Natural Resources approval,unless otherwise agreed in writing by the parties.
2. Miscellaneous.
a. Effect of Amendment. Except as amended hereby,the Agreement shall remain in
full force and effect as previously executed, and the parties hereto hereby ratify
the Agreement as amended hereby. This Amendment is limited as specified herein
and shall not constitute a modification,acceptance, or waiver of any other
provision of the Agreement. From and after the date hereof, all references to the
Agreement shall be deemed references to the Agreement as amended hereby.
b. Washington Law. This Amendment shall be construed, interpreted, and enforced
pursuant to the laws of the State of Washington. Venue shall be in Thurston
County.
EH-23-078-A1
PSA Extension—Quimper East
8/28/2023
Page 2 of 3
c. Execution of Amendment. A party may deliver executed signature pages to this
Amendment by PDF or facsimile transmission to the other party,which PDF or
facsimile shall be deemed an original executed signature page. This Amendment
may be in any number of counterparts, each of which shall be deemed an original
and all of which counterparts together shall constitute one agreement with the
same effect as if the parties had signed the same signature page.
d. Date of Amendment. The Date of this Amendment shall be the date on which the
last party executes this Amendment. This Amendment will become effective
when one or more counterparts have been signed by each of the parties and
delivered to the other party.
IN WITNESS WHEREOF,the parties have executed this Amendment the date and year set forth
next to their respective names.
(SIGNATURES FOLLOW ON THE NEXT PAGE)
PSA Extension—Quimper East
8/28/2023
Page 3 of 3
JEFFERSON COUNTY WASHINGTON WASHINGTON DEPARTMENT OF
NATURAL RESOURCES
Board of County Commissioners
Jefferson County, Washington
By: By:
Greg Brotherton, Chair Date Duane Emmons, Date
Assistant Deputy Supervisor for State
SEAL: Uplands
ATTEST:
Carolyn Gallaway, CMC, Date
Clerk of the Board
Approved as to form only:
November 8, 2023
Philip C. Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney
DocuSign Envelope 10:B826B3B4-4351-4856-9559-8A4AFFB84F67 2_�3`A4 L Ij D ^ 0
Department of Natural Resources TRACKING NUMBER
Approval Authorization 23[a ML o3212023-02-102693
Cover Sheet (Year-Division/Region Acronym-Date-Document No.)
FINAL REVIEW
Review/Signature Ust: Brief Summary:
(Check box and e-sign After Review) Respectfully request a wet signature and notary from Commissioner Franz
HHary S.Franz for the Ouimper East direct transfer agreement,which has already been
Kathryn WtHam
not igned by Jefferson County. Two original copies need signatures and
odd m This 27 63 acre
Property is currency under a Truss Lord Transfer(TLT)lease
Duane E tw that started in 2009 with a 50 year term that ends in 2059.with a provision in
the lease that glues the tenant(Jefferson County)the opportunity to
Robin ill 3 - purchase the remainder fee ownership(full fee title ownership to the
properly) The legislature paid S371.200 upfront for the full 50 year term of
tfte TLT lease The appraised value for the county purchasing the remainder
El tee interest for the property is an additonal$15,800 to DNR This payment of
$15 800 will go towards DNR purchasing some replacement land for the
Common School 1 rust benetidary. Olympic Region staff and Strategic
Planning Secbon staff are both in favor of a direct transfer of the remainder
fee trgeresl estate to the cmmty
ORIGINATOR'S INFORMATION
FrM DIVISion/R n:Stretagic Planning Section,Aequisibm and Divestitures
Originator/Contacb Bob Winslow /
Phone: 360-456-7289
Date: 3/21/23
Type Of Dotuntellt,SubjeC14 and/or Agreement No.: Realty Dired Transfer Agreement; Quimper East:#02-102693
IMES AND HOW THEY WERE ADDRESSED
FUNDING INFORMATION
Fund(s)/Appropriadonw: Prgm.Index:
EXPENDITURE Trust(s): proms fie:
object Info: Sub-object:
REVENUE ws)' Trust(s):
Revenue Source: Sub-source:
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 /z�— day of V.49: , 2023, by and
between the STATE OF WASHINGTON, acting by an 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 RCW
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.
Quimpa Fast Fca Traaskr 002 102693 0� , ,
.l031_0-3 N1Vhl
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.
5.3 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
Qtu W Emt Fee Tr=sfct■O!-102693 0210Y1023%1%V
2
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(40)days or it represents more than ten percent(10%)of the Purchase Price.
QwnTa Evl Fee Tranmfcr y02-102693 02J03 2033%tVkl
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SECTION 7 CONDITION OF THE PROPERTY
7.1 As Is. The Property is sold "AS 1S, WHERE 1S." 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.
73 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
gwngicr Eam Fee Tmnefa A102-102693 02i0372023%1%%1
4
(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 shal I 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.
Qumper Fist Fee Trxufer$02.102693 O103t2023\IV\1
5
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
Qumpa Eau Fee TrJnsfcr+02•I02691 GIOV2023%IV%i
6
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 suit or 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.
pumqm Fast fa Transfer 002-102693 0:.J03-023 MV\1
IN WITNESS WHEREOF,the parties have executed this Agreement as of the day and year first
above written.
PURL S
Dated: 3 Z� By:
Title: Care",
,R
Approvedf as to lor�m only:
0 1'�
� March 9, 2023
Philip C.Hunsucker, Dote
Chief Civil Deputy Prosecuting Attorney
STATE:
STATE OF W ASHINGTON
DEPARTNJE KT Of &
RCF
Dated: ,, By: _
S. Fr
4Cmmissione
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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8
PUBLIC AGENCY ACKNOWLEDGMENT
STATE OF WASHINGTON )
) ss
COUNTY OF JEFFERSON)
On this 13t' day of N1 KC4 , 2023, personally appeared before me
F2vr� Irv;;hec to me known to be the Chairp( Cup, � BoCC _ 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 he__i
authorized to execute said instrument for said corporation and that the seal affixed is the
corporate seal of the said corporation.
IN WITNESS WHEREOF, 1 have hereunto set my hand and seal the day and year first above
written.
Notary Public in andCr the State of Wa ' gton.
-jet
�� GAt(t�itr residing at � FYsi�-. CouYx
�Q= o�Ryp'f►�;,�9� My appointment expires Z�
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QuuTVa East Fee Trmsfcr 002.102693 0J0312023\1%M
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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 knol"ir 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.
fN WITNESS WHEREOF, I have hereunto set my hand and .Seal the day and year first above
written.
fr
;, �>>�� Notary Public ' and fort State of Washington,
y�' residing�et -----
t�►ipt
21o2640 2 My appointment expi s
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10
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 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.
QuuMa East Fee hatu(er*02.102693 OL03r2023%1 V.k1
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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, T31 N, R I 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:
QuwrWa Fast Fce Transfer+02-102693 0IOM023%1%k1
t 2
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.
VtI�E si Fec Tran3kr&02.10641 0103/Z023 1%M
13
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:
SECRETARYOF STATE
Approved as to form this _ day
of _._ 2023.
Assistant Attorney General
State Deed No
State Record of Deeds, Volume (�), Page ( }.
Transaction File No. 02-102693
Quimpa East F'eeTrans&r■02-102693 02AP2023\IVS1
1.4
QUITCLAIM DEED- EXHIBIT A
QUIMPER EAST—DIRECT TRANSFER
Legal Description
Portion of Section 33, T3 I 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 Pages 123-128, under
Auditor's File No. 387842,Jefferson County records.
QuunM East Fee Trnnsfn 002•10 03 02103/2013\IV.\I
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