March 10, 2014

Sold: Ocean Spray, Exhibit A Beds Pool Property with Delivery Rights in Grayland, Pacific County, Washington!

Item Id: Kelley04
Case Name: Kelley, Kenyon
Case Number: 11 45790 (United States Bankruptcy Court for the Western Division of Washington at Tacoma)
Trustee:
Starting Minimum Bid: $65,000

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Description: Estate’s interest in 13.86 acres of vacant land in Grayland, Washington with some outbuildings, located at 2274 Smith Anderson Road, Grayland, WA 98547. These are four (4) separate lots being sold as one (1). The status of water, power, sewer and utilities is unknown. The road is paved. The APN#s are: 78022026000, and (in sequence): 7000, 8000, and 9000. The legal description may be accessed by the link which follows: legal description – Cranberry Bog
(hereafter the ‘Sale Property’).The combined assessed value is $44,100 for the four parcels.

The Sale Property is a cranberry bog with a contract to deliver the harvest from the Sale Property to Ocean Spray Cranberries, Inc. Ocean Spray is a grower owned co-operative and the world’s leading producer of cranberry juices, juice drinks and dried cranberries and is the best-selling brand in the bottled juice category. The Sale Property includes 11.17 acres of cranberry bog contracted for delivery to Ocean Spray, which is identified as “Exhibit A Pool Property”.

A purchaser of the Sale Property can apply to Ocean Spray for continuation of the Exhibit A Pool status, thus maintaining the right to deliver the harvest from the Sale Property to Ocean Spray. Confirmation of the Exhibit A Pool Property status and its transferability can be obtained from Ocean Spray by contacting Judy Joy at jjoy@oceanspray.com.

Grayland is a small community along State Hwy 105 on the beautiful Washington Coast and is the heart of the “Cranberry Coast.” There are many cranberry bogs that were started by the Finnish farmers over 150 years ago.

DISCLAIMER:
BKAssets does not provide legal opinions or advice.

(a) ANY PROSPECTIVE BIDDER UNDERSTANDS AND ACKNOWLEDGES THAT ANY INFORMATION PROVIDED BY SELLER OR BKASSETS IS BEING PROVIDED WITHOUT REPRESENTATION OR WARRANTY AS TO THE COMPLETENESS OR ACCURACY OF THE FACTS, PRESUMPTIONS AND CONCLUSIONS CONTAINED THEREIN, AND ANY PROSPECTIVE BIDDER MAY NOT RELY ON ANY INFORMATION REGARDING THE SALE PROPERTY PROVIDED BY BKASSETS AND SELLER. ANY PROSPECTIVE BIDDER SHALL CONDUCT ITS OWN INDEPENDENT INVESTIGATION WITH RESPECT TO THE SALE PROPERTY, INCLUDING BUT NOT LIMITED TO:

1.Quantity of and boundaries of land;
2. The validity and transferability of the Ocean Spray Exhibit A Pool Property designation;
3. The validity and existence of water rights, including any and all of those water rights listed and referenced in the Description of Property;
4. The validity and existence of any Cranberry Base Quantity as referenced and listed in the Description of Property;
5. The existence and condition of any and all equipment and fixtures listed in the Description of Property, including but not limited to all fixtures, all irrigation equipment and irrigation apparatus, all plumbing, lighting, heating, cooling, ventilating and elevating apparatus;
6. The suitability of the sale property for bidders intended use;
7. Encumbrances and encroachments; and
8. Any and all claims to the land, water or water rights.

(b) The Sale Property will be transferred, “AS IS, WHERE IS”, with no warranties implied or stated via quit claim deed by the trustee as to Legal description stated above. Sale is subject to Court approval upon close of auction.

DESCRIPTON OF PROPERTY: See Attachment A legal description – Cranberry Bog

PROPERTY TAXES:
2013 taxes were approximately, by parcel: 78022026000- $189.25; 7000- $78.52; 8000- $136.26; and 8000- $460.31. All four have not been paid. Taxes and interest have been only partially, or not been paid in full, back to 2009. Total past due taxes and late fees are approximately $3,127.77 per the County treasurer’s office and may be slightly higher after 10/31/13. ALL DELINQUENT UNPAID PROPERTY TAXES SHALL BE PAID FROM PROCEEDS OF SALE. Real property taxes shall be prorated to date of closing based upon the current tax rate.

A portion of the sale property is classified “Agricultural” for purposes of property taxes as noted in the Description of the Property. If purchaser elects to attempt to continue the “Agricultural” classification, Purchaser will be required to make application for such continuance and, if continuance is approved, to sign the application section of the Real Estate Excise Tax Affidavit required to record any deed of conveyance. Seller will not pay any compensating taxes, penalties or interest, if continuance is not approved. BKAssets and the Trustee make no representations or warranties whether or not a continuance can or will be approved.

Location Info: The property is located south and east of Grayland and is just north of North Cove.

Liens: Per the Bankruptcy Court’s Order, the sale shall be free and clear of liens with such liens attaching to the net sale proceeds in the same order and priority.

*Picture is of general area, not representative of actual property.*

Bidding Guide: Please review the bkassets.com bidding guide for terms of auction prior to placing a bid or making an offer..