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1 I LOG NUMBERS BGT. MANAGEMENT ROUTING: EXECUTIVE DEPUTY EXECUTIVE EXEC. DIRECTOR DEPT. DIRECTOR DEPARTMENT Dave Somers Marcia Isenberg Marcia Isenberg Tom Teigen Parks & Recreation DIV. MGR. Russ Bosanko DIVISION Operations 121.:-- ORIGIN A TOR -D--'-ia-n-ne_B_a-ile_y 66-,.o&2""'2w---- DA TE December 21, 2016 EXT. DOCUMENT TYPE: BUDGET ACTION: Emergency Appropriation Supplemental Appropriation Budget Transfer (Adm Budget Change) CONTRACT: EXECUTIVE/COUNCIL APPROVAL FORM TO: New Amendment DOCUMENT/ AGENDA TITLE: Real Estate Purchase and Sale Agreement - Grantor Lease COUNCIL CHAIRPERSON: SNOHOMISH COUNTY COUNCIL ~TIVE RECOMMENDATION: _ Approve No Recommendation Further Processing LRequested Ex cutive Office Signature CEO Staff Review.:=::: ~-!.:::.J.:::::: Received at Council Office X GRANT APPLICATION ORDINANCE Amendment to Ord. # PLAN OTHER Real Estate Purchase and Sale Agreement {'J:,J-7/y 1.z.A:, /; lo 1JJJ-,I,.._. EXECUTIVE CITE BASIS Charter COUNCIL HANDLING: NORMAL EXPEDITE X URGENT DEADLINE DATE PURPOSE: County Council approval of a Real Estate Purchase and Sale Agreement to extinguish Grantor's right in an easement at Hooven Bog and authorization for the Property Officer of Facilities Management to sign the Purchase and Sale Agreement, the Easement(s) and all other documents necessary to effectuate the closing of the easement purchase BACKGROUND: X 1/06/17 Snohomish County authorized the purchase of the acre Hooven Bog site by Oral Motion dated April 23, 2014 Surface Water Management is the lead department concerning restoration efforts at Hooven Bog and has requested removal of a private gravel road that runs through the bog known as 79th Avenue SE Several parties (5), benefit from an easement for ingress, egress and utilities over said road One of the parties, Susan D. Lease, as her separate estate ("Granter"), has agreed to deed her easement rights to Snohomish County for the purchase price of $2, The County will bear the cost of recording fees and all other typical closing costs The closing date for this transaction has been mutually agreed upon by the Grantor and County for January 31, 2017 Transfer of the Grantor's easement will be by Quit Claim Deed The Property Officer of Facilities Management is requested to be the signature authority on behalf of Snohomish County

2 FISCAL IMPLICATIONS: EXPEND: FUND, AGY, ORG, ACTY, OBJ, AU CURRENT YR 2NDYR 1ST 6 YRS $2, REET 1 currently within parks 2016 budget I TOTAL $2, REVENUE: FUND, AGY, ORG, REV, SOURCE CURRENT YR 2NDYR 1ST 6 YRS I DEPARTMENT FISCAL IMPACT NOTES: Financial impacts will include recotfiipq fees and other typical closinq costs. estimated to be less than $1.000 BUDGET REVIEW: Analyst ~ Administrator fk'<- Recommend Approval /"' CONTRACT INFORMATION: ORIGINAL CHANGE ORDER CHANGE ORDER CHANGE ORDER CONTRACT CONTRACT # # *Time Extension Only CONTRACT PERIOD: ORIGINAL CHANGE ORDER# 1 CHANGE 0RDER#2 CHANGE ORDER #3 Start Start Start Start End End End End AMOUNT AMOUNT $ $ $ CONTRACT I PROJECT TITLE: Real Estate Purchase and Sale Agreement - Granter Susan D. Lease LUN l RAC for: APPROVED: RISK MANAGEMENT Yes No COMMENTS PROSECUTING ATTY-AS TO FORM: Yes X No --- OTHER DEPARTMENT AL REVIEW/ COMMENTS: L-e,.yJ desa:p;-rovl fevicu.jed b -Pr912e-r-+y ~rxd:::, - 1 OTHER ATTACHMENTS: Real Estate Purchase and Sale Agreement - Duplicate originals 2 Rt:11:I Estl:lt@ PHrc.Ras@ and Sttle Agr eernent Lease

3 SNOHOMISH COUNTY COUNCIL Snohomish County, Washington MOTION NO REAL ESTATE PURCHASE AND SALE AGREEMENT AUTHORIZING EXTINGUISHING GRANTOR RIGHTS IN AN EASEMENT AT HOOVEN BOG COUNTY PARK WHEREAS, the adopted Snohomish County Park and Recreation Element, which became effective in 2015, includes a goal to provide open space and natural areas with appropriate public access to promote understanding and support of the natural environment and the benefits these lands provide (Goal PR 5); and WHEREAS, Snohomish County purchased property known as Hooven Bog in 2014 for conservation purposes that helps to meet this goal; and WHEREAS, the County desires to remove 79th Avenue SE, a private road, for the purpose of ongoing restoration efforts at Hooven Bog (the "Property"); and WHEREAS, five (5) parties have been identified that have an easement right in 79th Avenue SE for ingress, egress and utilities as located with the Property; and WHEREAS, extinguishing the easement right(s) within the Property allows Snohomish County, through its Department of Surface Water Management, to proceed with its restoration efforts; and WHEREAS, Susan D. Lease, as her separate estate, ("Grantor"), is one of the parties that own real estate that benefits from said easement; and WHEREAS, the Grantor has agreed to deed their easement rights to Snohomish County for the purchase price of Two Thousand Dollars ($2,000.00); and WHEREAS, the transfer of the Grantor's easement rights will be by a Quit Claim Deed;and WHEREAS, the County will pay the recording fees and all other typical closing costs to effectuate this transaction; and WHEREAS, the Snohomish County Council and County Executive consider it in the best public interest to extinguish Grantor's easement rights in 79th Avenue SE; Motion No Real estate purchase and sale agreement authorizing extinguishing grantor rights in an easement at Hooven Bog County Park Page 1 of 2

4 NOW, THEREFORE, ON MOTION the County Council of Snohomish County resolves the following: Section 1. The County Council approves the Real Estate Purchase and Sale Agreement substantially in the form attached hereto as Schedule 1, and authorizes the Property Officer of Facilities Management to execute, on behalf of the County, the Real Estate Purchase and Sale Agreement. Section 2. The County Council authorizes the Property Officer of Facilities Management to take all actions consistent with the Real Estate Purchase and Sale Agreement that are reasonably necessary to consummate the transaction contemplated by the Purchase. The authorized actions include, but are not limited to, the following: (i) executing closing documents; (ii) paying reasonable closing costs actually incurred and (iii) execute any other document necessary to effectuate the Purchase and Sale on behalf of Snohomish County. PASSED THIS DAY OF, SNOHOMISH COUNTY COUNCIL Snohomish County, Washington Council Chair ATTEST: Asst. Clerk of the Council Motion No Real estate purchase and sale agreement authorizing extinguishing granter rights in an easement at Hooven Bog County Park Page 2 of 2

5 Hooven Bog th Ave. SE, Woodinville Type: Open Space/Preserve Acreage: Acquisition Date: 2014 Funding Source: CF Description: This property is located in southeast Snohomish County, north of the City of Woodinville. It includes a category 1 wetland, with a mature forested upland buffer. The wetland includes a 9,000 year old bog and grassy marsh areas and is in the headwaters of Bear Creek. This property is currently undeveloped, but there are future plans to provide for limited public access and enjoyment of the property. History: The majority of this property had been planned for construction of 5 homes in the vicinity of the bog and was acquired in 2014 for preservation and protection purposes. Features: Large category 1 wetland Future Plans: Public access improvements on the westerly portion of the upland Miles Snohomish County Parks & Recreation December 2015 Inventory Report

6 J10h 01nJ "Lil <::;oll rity Parks and Recreation REAL ESTATE PURCHASE AND SALE AGREEMENT This Agreement is made and entered into as of this _ day of, 201_ (the "Effective date"), by and between Susan D. Lease, as her separate estate ("Grantor"), and Snohomish County, a political subdivision of the State of Washington ("Buyer"), for the purchase of certain real property situated in Snohomish County, Washington. RECITALS A. Grantor is the owner of real property located in Snohomish County, Washington, which is legally described as follows (the "Grantor Parcel"): THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 27 NORTH, RANGE 5 EAST, W.M.; EXCEPT THE WEST 896 FEET THEREOF; EXCEPTTHEEAST211FEETTHEREOFAND EXCEPT THE SOUTH 315 FEET THEREOF; TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES AS DISCLOSED BYAUDITOR'S FILE NO (ALSO KNOWN AS LOT 1 OF SHORT PLAT ZA RECORDED UNDER AUDITOR'S FILE NUMBER ). SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON. B. Grantor holds an interest in an easement (the "Grantor Easement") which is recorded under Snohomish County Auditor File No and includes the description below which is depicted on a Survey recorded under Snohomish County Auditor File No An easement for ingress, egress, and utilities over the following described tracts: PURCHASE & SALE AGREEMENT - Grantor Lease Page 1 of 12

7 The west 60 feet of south 330 feet of the northeast quarter of the southeast quarter of Section 35, Township 27 North, Range 5 East, EXCEPT portion lying within the north 11 O acres of the east half of the east half of said section. AND the west 60 feet of the southeast quarter of the southeast quarter, less the south 660 feet thereof of Section 35, Township 27 North, Range 5 east, WM AND the north 60 feet of the south 690 feet of the southeast quarter of the southeast quarter, LESS that portion lying within the south 660 feet of the west 500 feet of said section. C. The Buyer is the owner of real property located in Snohomish County, Washington, which is legally described as follows (collectively, the "County Parcel"): Parcel A: The South half of the South half of the Northeast quarter of the Southeast quarter of Section 35, Township 27 North, Range 5 East of the Willamette Meridian; Except that portion thereof lying within Lots 3 through 7, inclusive, Snohomish County Large Lot Segregation No. SS recorded under recording no records of Snohomish County, Washington. Parcel B: Lots 3 and 4, Snohomish County Large Lot Segregation No. SS recorded under recording no records of Snohomish County, Washington, being a portion of the Southeast quarter of Section 35, Township 27 North, Range 5 East of the Willamette Meridian. Parcel C: Lots 1, 2 and 3, Snohomish County Boundary Line Adjustment No recorded under recording no and delineated on survey recorded under recording no records of Snohomish County, Washington, being a portion of the Southeast quarter of Section 35, Township 27 North, Range 5 East of the Willamette Meridian. Situate in the County of Snohomish, State of Washington And commonly known as Hooven Bog. PURCHASE & SALE AGREEMENT Page 2 of 12 Grantor Lease

8 D. The Buyer desires to extinguish Grantor's Easement in the easement recorded under Auditor File No , in which Grantor shares interest and rights with the County Parcel decribed in C above. Grantor desires to convey, to Buyer, Grantor's Easement recorded under Auditor File No E. The purpose of this Agreement is to set forth the terms by which Grantor will sell its interests in the Grantor Easement to the Buyer. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor and the Buyer, intending to be legally bound, agree as follows: 1. Purchase and Sale. Grantor shall sell and convey to the Buyer and the Buyer shall purchase from Grantor all of Grantor's right, title, and interest in the Grantor Easement. 2. Total Purchase Price. The total purchase price for the Grantor Easement shall be Two Thousand Dollars ($2,000.00) ("Purchase Price"). The Buyer will pay the Purchase Price in cash at closing. 3. Earnest Money. There is no earnest money associated with this transaction. 4. Title 4.1 Conveyance. At closing, Grantor shall convey its interests in the Grantor Easement to the Buyer by a Quit Claim Deed in substantially the form attached to this Agreement as Exhibit A. 5. Obligations of Grantor. In consideration of the Obligations of the Buyer set forth in Section 6 below, Grantor agrees to the following: 5.1 On or before closing, Grantor shall execute the Quit Claim Deed and deliver the same to the Closing Agent. 5.2 Grantor represents to the Buyer at the date of execution of this Agreement and the date of closing that he has full power and authority to execute this Agreement and perform Grantor's obligations. PURCHASE & SALE AGREEMENT Page 3 of 12 Grantor Lease

9 6. Obligations of the Buyer. In consideration of the Obligations of Grantor set forth in Section 5, above, the Buyer agrees to the following: 6.1 The Buyer represents and warrants to Grantor that, at the date the Buyer executes this Agreement and at the date of closing, the Buyer, and any person signing on behalf of the Buyer, has full power and authority to execute this Agreement and to perform the Buyer's obligations hereunder. The Buyer makes no warranty regarding the Buyer's authority at the time Grantor executes this agreement and makes this agreement expressly subject to, and conditioned upon, receipt of Snohomish County Council approval and the signature of the County Executive. 7. Contingencies. 8. Closing. 7.1 The Buyer's obligations under this Agreement are contingent upon appropriation of funds by the County's governing body for the specific purpose of funding this Agreement. Upon the failure of such appropriation, the Buyer may terminate this Agreement. 8.1 Closing. As used in this Agreement, "closing" or "date of closing" means the date on which all appropriate documents are recorded and proceeds of sale are available for disbursement to Grantor. 8.2 Escrow Agent. The transaction contemplated by this Agreement shall be closed through Snohomish County Property Management, Cherie Hutchins, Property Officer, 3000 Rockefeller MS 404, Everett, WA (the "Escrow Agent"). 8.3 Closing Date. The date of closing will be determined by mutual agreement of the parties, but shall in no event occur later than January 31, 2017 (the "Outside Closing Date"), unless an extension is mutually agreed to in writing by the parties. 8.4 Closing Documents and Funds. On or before the date of closing, Grantor and Buyer shall each deposit with the Escrow Agent all instruments, documents, and monies necessary to complete the transaction contemplated by this Agreement. PURCHASE & SALE AGREEMENT Page 4 of 12 Grantor Lease

10 8.5 Closing Costs; (a) The Buyer shall pay the cost of recording the Quit Claim Deed; (b) Buyer shall pay the cost of extinguishing Grantor's interest in Grantor Easement recorded under Auditor File No ; (c) all other costs of closing, if any, shall be borne by Buyer. 8.6 Possession. Grantor shall deliver possession of Grantor's interest in Grantor's Easement to Buyer upon closing. 9. Default. Time is of the essence of this Agreement. If Grantor is unable to, or does not, perform his obligations under this Agreement, or if Grantor's representations are not all true and accurate, the Buyer may seek specific performance of this Agreement and damages or rescission of this Agreement. If the Buyer is unable to, or does not, perform its obligations under this Agreement, or if Buyer's representations are not all true and accurate, Grantor may seek specific performance of this Agreement and damages or rescission of this Agreement. 10. Notices. All notices, waivers, elections, approvals, and demands required or permitted to be given under this Agreement must be in writing and personally delivered or sent by United States certified mail, return receipt requested, to the addressee's mailing address set forth below. Any notice will be effective when actually received or, if mailed as_provided,,herein, on the earlier of actual receipt or two (2) days after tnedate deposit'ea-rn,jhe mail. ',.,, If to Buyer: Park Property Administrator Snohomish County Parks 6705 Puget Park Drive Snohomish, WA Telephone: (425) \ lt1~ Grantor: \ /Susan D. L~~:& l,&.e \ / rd 'se J { Woodinville, WA / \ Telephone: (425) / \ susan_lease@yahoo.com / \ / // ca ;;-;,i 7 _,,/ PURCHASE & SALE AGREEMENT Page 5 of 12 Grantor Lease

11 If to County Property Management: Cherie Hutchins, Property Officer 3000 Rockefeller MS 404 Everett, WA Telephone: (425) General. This is the entire agreement of Grantor and the Buyer with respect to the purchase of the Grantor Easement from Grantor by the Buyer and supersedes all prior agreements between them, written or oral. This Agreement may be modified only in writing, signed by Grantor and the Buyer. Any waivers under this Agreement must be in writing. A waiver of any right or remedy in the event of a default will not constitute a waiver of such right or remedy in the event of any subsequent default. This agreement is for the benefit of, and binding upon, Grantor and the Buyer and their heirs, personal representatives, successors, and assigns. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision. 12.Survival of Warranties. The terms, covenants, representations, and warranties set forth in this Agreement shall not merge in the deed of conveyance, but shall survive closing and run to the benefit of the parties. 13. Multiple Originals. This Agreement shall be signed in multiple originals, all of which shall constitute one and the same Agreement. (The balance of this page was intentionally left blank) PURCHASE & SALE AGREEMENT Page 6 of 12 Grantor Lease

12 Signed in duplicate original, "Buyer" SNOHOMISH COUNTY, a political subdivsion of the State of Washington BY: Cherie Hutchins, Property Officer ~:antor,l ---J''-' Susah D. Lease Date: Date: EXHIBITS: Exhibit A - Quit Claim Deed APPROVED AS TO FORM ONLY: PURCHASE & SALE AGREEMENT - Grantor Lease Page 7 of 12

13 Exhibit A Quit Claim Deed Return Address: Snohomish County Property Management 3000 Rockefeller M/S 404 Everett, WA Document Title( s) ( or transactions contained therein): Quitclaim Deed Reference Number(s) of Related Documents: Declaration of Easement AF # ; Survey AF# Grantor(s): Lease, Susan D. Grantee(s) Snohomish County, a political subdivision of the State of Washington Legal description (abbreviated: i.e. lot, block, plat or section, township, range) Portion NE SE and SE SE Assessor's Property Tax Parcel/Account Number Ptn , Ptn , Ptn , Ptn and Ptn PURCHASE & SALE AGREEMENT Page 8 of 12 Grantor Lease

14 QUITCLAIM DEED Grantor, Susan D. Lease, as her separate estate, ("Grantor") for and in consideration of Ten Dollars ($10.00) and other valuable consideration, in hand paid, conveys and Quitclaims to SNOHOMISH COUNTY, a political subdivision of the State of Washington ("Grantee"), all interest and rights in that certain real property easement situated in the County of Snohomish, State of Washington, recorded under Snohomish County Auditor File No , and depicted on a Survey recorded under Snohomish County Auditor File No See Attachment for legal description of easement area DATED: ' 201_. Grantor By: Print Name: Susan D. Lease Approved as to form: Sean Reay, Deputy Prosecuting Attorney PURCHASE & SALE AGREEMENT Page 9 of 12 Grantor Lease

15 STATE OF WASHINGTON) ) COUNTY OF ) On this day of, 2016, before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally came, to me known to be the individual(s) described in and who executed the within instrument and acknowledged to me that he/she signed and sealed the same as their free and voluntary act and deed for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first written above. (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at My appointment expires: PURCHASE & SALE AGREEMENT - Grantor Lease Page 10 of 12

16 Accepted by: Snohomish County, a political subdivison of the State of Washington By: Print Name: Cherie Hutchins Title: Property Officer STATE OF WASHINGTON ) ) ss. COUNTY OF SNOHOMISH ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the of Snohomish County to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: (Signature of Notary) (Print name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at My appointment expires PURCHASE & SALE AGREEMENT Page 11 of 12 Grantor Lease

17 Attachment to Quitclaim Deed The description below is depicted on a Survey recorded under Snohomish County Auditor File No tracts: An easement for ingress, egress, and utilities over the following decribed The west 60 feet of south 330 feet of the northeast quarter of the southeast quarter of Section 35, Township 27 North, Range 5 East, EXCEPT portion lying within the north 110 acres of the east half of the east half of said section. AND the west 60 feet of the southeast quarter of the southeast quarter, LESS the south 660 feet thereof of Section 35, Township 27 North, Range 5 East, W.M., AND the north 60 feet of the south 690 feet of the southeast quarter of the southeast quarter, LESS that portion lying within the south 660 feet of the west 500 feet of said section. Situate County of Snohomish, State of Washington PURCHASE & SALE AGREEMENT - Grantor Lease Page 12 of 12