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Home My WebLink About3017886 ~I ... .... " .... .' Filed for Record at Request of: Name: Bremerton City Clerk Address: 239 Fourth Street Bremerton, WA 98337 4308 "D" Street & Vacant lot @ 4308 "D" Street - 4319, 4322 & 4321 "E" Street & Vacant Lot @ 4325 " 1111111I11 111111111111 BREMERTON CITY OF QCD __ $ie. ee 3017886 Page: 1 of 3 eS/14/97 ie: i9A Kitsap Co! WA When Recorded Return to: "E" Street - W. Draper Document Title: Quit Claim Deed Reference Number of Document Assigned or Released: Not Applicable Grantor's Name: Walter L. Draper and Nellie V. Draper Grantee's Name: City of Bremerton Abbreviated Legal Description: PI: L2, B25, B. Heights, EXC. N. 10 FT. THOF.; PII: L 33 & 34, B. 25, B. HEIGHTS, EXC. S. 10 FT. THOF.; PIlI: L27, B25, B. HEIGHTS, EXC. S. 10 FT. THOF.; ALSO L 32, 33, 34 & 35, B24, B. HEIGHTS, EXC. PTN. THOF., IF ANY, LYNG N. OF AN EXSTNG. FNCELN.; ALSO L3, B25, B. HEIGHTS, EXC. N. 10 FT. THOF. (Additional legal on page 1 of document) Assessor's Property Tax Parcel/Account Numbers: 4502-025-027- 0001; 4502-025-034-0002; 4502-025-0002-0000; 4502-024-034-0005; 4502-024-032-0007 and 4502-025-003-0009. QUIT CLAIM DEED (For Use in the State of Washington Only) THE GRANTORS, WALTER L. DRAPER and NELLIE V. DRAPER, husband and wife, for and in consideration of good and valuable consideration, quit claim to the CITY OF BREMERTON, a municipal corporation, the following described real estate, situated in the County of Kitsap, State of Washington: PARCEL I: ..~~~~~~~b~~N~ LOT 2, BLOCK 25, BREMERTON HEIGHTS, PLAT RECORDED IN VOLUME 3 OF PLATS, KITSAP COUNTY, WASHINGTON; MAY 14 1997 ACCORDING TO THE PAGE 41, RECORDS OF EXCEPT THE NORTH 10 FEET THEREOF. QUIT CLAIM DEED -1- r .- PARCEL II: 1111111111 111111111111 BREMERTON CITY OF QCD $lS.SS 3017886 P~ge: 2 of 3 S5/14/97 lS:19A Kits~p Co) WA LOTS 33 AND 34, BLOCK 25, BREMERTON HEIGHTS, ACCORDING TO THE PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE 41, RECORDS OF KITSAP COUNTY, WASHINGTON; EXCEPT THE SOUTH 10 FEET THEREOF. PARCEL III: LOT 27, BLOCK 25, BREMERTON HEIGHTS, ACCORDING TO THE PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE 41, RECORDS OF KITSAP COUNTY, WASHINGTON; EXCEPT THE SOUTH 10 FEET THEREOF. ALSO: LOTS 32, 33, 34 AND 35, BLOCK 24, BREMERTON HEIGHTS, ACCORDING TO THE PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE 41, RECORDS OF KITSAP COUNTY, WASHINGTON; EXCEPT THAT PORTION THEREOF, IF ANY, LYING NORTH OF AN EXISTING FENCELINE. ALSO: LOT 3, BLOCK 25, BREMERTON HE I GHTS , ACCORD ING TO THE PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE 41, RECORDS OF KITSAP COUNTY, WASHINGTON; EXCEPT THE NORTH 10 FEET THEREOF. I '(/vday DATED this U? of May, 1997. ;1)).) D-/~ ~,Ql~~.AliZt Walter L. Draper . lMo/ !~~ STATE OF WASHINGTON) ss. COUNTY OF KITSAP On this date, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared WALTER L. DRAPER and NELLIE V. DRAPER, QUIT CLAIM DEED -2- /"\ .~~) ;' -----\ ''-'-...-~ , ('., ;.. -' . .-- - - ,.... .'- -:'."JI .";"'\ ; 'fllUNSJFE~S tOY CON')l'JROlLlLING IN'fE~~'f_ ' Does this transfer of real property reflect the transfer or acquisition of the controlling interest in an entity with an interest in real property in this state? If the answer is yes, this transfer of controll- ing interest must also be reported to the Department of Revenue within' five days of the sale on Form No. 84-0001B. (This is applicable only if 50% or more of corporation stock, partnership, association, trust, or other entity interest, is transferred or acquired within a 12 month period. Please refer to WAC 458-61'-025, which appears on the reverse of Form No. 84-0001B). JIN'fEJRES'f AND PENAL'fIES The Real Estate Excise Tax is due on the date of sale (date of the deed or contract of sale). A orie- percent per month interest is charged for delinquent tax payment. This is not charged ~f the tax is paid within 30 ,days of the date of sale. A five, ten, and tw~nty, percent penalty on the state taxes is due from the seller if tp,e tax is paid more than 30, 60, or 90 days past due. There is a 50 percent' penalty for inientio,nallY evading payment of the tax. AUDIT The Department of Revenue will conduct audits of the transactions and, if necessary, determine .any underpayment 'of the tax. (WAC 458-6~-130) '.. . . t. ~ . To inquire about the availability of this form in an altermite format for the visually impaired or a language other than English, call (360) 753-3217. ;'. ~,... ~, EXHIBI~ "A" PARCEL I: LOT 2, BLOCK 25, BREMERTON HEIGHTS, ACCORDING TO THE PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE 41, RECORDS OF KITSAP COUNTY, WASHINGTON; EXCEPT THE NORTH 10 FEET THEREOF. PARCEL II: LOTS 33 AND 34, BLOCK 25, BREMERTON HEIGHTS, ACCORDI~G TO THE PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE 41, RECORDS OF KITSAP COUNTY, WASHINGTON; EXCEPT THE SOUTH 10 FEET THEREOF. PARCEL III: LOT 27, BLOCK 25, BREMERTON HEIGHTS, ACCORDING TO THE PLAT REC9RDED IN VOLUME 3 OF 'PLATS, PAGE 41, RECORDS OF KITSAP COUNTY, WASHINGTON; EXCEPT THE SOUTH 10 FEET THEREOF. ALSO: LOTS 32, 33, 34 AND 35, BLOCK 24, BREMERTON HEIGHTS, ACCORDING TO THE PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE 41, RECORDS OF KITSAP COUNTY, WASHINGTON; EXCEPT THAT PORTION THEREOF, IF ANY, LYING NORTH OF AN EXISTING FENCELINE. ALSO: LOT 3, BLOCK 25, BREMERTON HEIGHTS, ACCORDING TO THE PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE 41, RECORDS OF KITSAP COUNTY, WASHINGTON; EXCEPT THE NORTH 10 FEET THEREOF. ~5/~5/19~7 89:26 '" - "-, '., ','., 3684785161 BREMERTON LEGAL DEPT PAGE 82 COpy FOR YOUR INFORMATION , ' 8JDLLD.' CL08I.G ~.,a""n 4308 "D" IIftB"":.:." vaCO'l. LM,'.'" '4*08 liD" BURST 431.', .4Ua..m ...31,1",""'" 8~ , ftCUt"LO'I ~~. '.3a.:'.~.. "8ft BflLt.ERB: WALTER L. DRAPER and' NELLI:.:' V. DRAPER PURCHASERz CITY OF B~N LEGAL DISCRIPTIOR: "SEE ATTACHED DHI~If!'. Total Purchase Prioe MOUNTS DUE/PAID SELLERS Sa62,OOQ.OO Cash payment payable to Seller.. 'at'el~.ln9 $269,000.00 REDUCED BY Sellers' Closing Co.ts: Payoff of Deed of TrUst Dated 3/30/92, h.14 by u.s. Bank (U.S. Bank - (See Exhibit "B" attached) Total Sellers' closing Costs tj:s':.. 061.157 $3.I'~ 06'7.67 ( 39,067.(l7l- . , TOTAL CASH PROCEEDS PAYAB~ TO:SELLBI$:AT CLOSING ~f?gfg32.33 NOTE: . . ... It is understoQ.d and. .~,gre.d by all parties hereto that real prop.r~y t.~, tor the first half of the 1997 tax year have b__" paid by Sellers and that said taxe.'~came exeGjt as ot the date of closing. The tax amount'pr.vio~ly paid will be pro-rated and a refund will b8. 'returned to Seller by the Ki t.sap County Treasurer.:. . .. , . It 1s iWther' '. un4.lttood' that this closing statem.nt....is sU))jeot...:_ aloldlt and should there be any error. 'or O.1.81c~'~ they are to be corrected. Further, . if any l_itiJllAte monetary error is discovered, it is to"(:be assessed and immediately collected from the':," . party or parties liable therefor. . \\ SELLER'S CLOSING STAT~ -1- ORAPER.SCS - ~3t Hills C10$1n9' - S/~/97' ,'\"f~i..:' . , .. ~5/05/1997 09:26 .,. 'II 3604785161 BREMERTON LEGAL DEPT PAGE 03 " . . . "'.' .... . . ..:... ~:. j: .:. ~>.::' ~~. .".-f. . / tAL-: ~~ ACCEPTED AND APPROVED this' (p ,.:':':claY of ' (If' (/ , 1997. "lJJl>w.~ ~~j WALTER. 'L'~ D. ER L~7:! ~ ~ ./f-~ NELLII....V.~ DRAPER SELLER'S CLOSING STATEMINT -2- I)[(APtM. :;(;$ - We:lt Hi 11:1 Clo81nge - 5/2/97 ,'. ~ <*-t:~ .:. .:... PURCHASER'S CLOSING STATEMENT 4308 "D" STREET & VACANT LOT AT 4308 "D" STREET 4319, 4322 AND 4321 "E" STREET & VACANT LOT AT 4325 "E" STREET SELLERS: WALTER L. DRAPER and NELLIE V. DRAPER PURCHASER: CITY OF BREMERTON LEGAL DESCRIPTION: SEE ATTACHED EXHIBIT "A" AMOUNTS DUE/PAID SELLERS Total Purchase Price $269,000.00 Cash payment payable to Sellers at Closing $2 69 , 000 . 00 ADD Purchaser's Closing Costs to Cash Payment Payable at Closing: Title Insurance Premiums: E-105705-3 $ 385.92 E-105704-3 385.92 E-105697-3 385.92 Total $1,157.76 I (Land Title Insurance Company) $1,157.76 Title Company Work Fee charged to all transactions involving purchases of West Hills condemnation properties for updated supplementals requested by Legal Dept. for City contract counsel - $54.05 X 3 = $162.15(Land Title Insurance Company) 162.15 1% Excise Tax Affidavit processing fee (Kitsap County Treasurer) 2.00 Recording Fee for Statutory Warranty Deed (Kitsap County Auditor) 10.00 Total Purchaser's Closing Costs $1,331.91 1/331.91 PURCHASER'S CLOSING STATEMENT -1- DRAPER.PCS - West Hills Closings - 5/2/97 / / ... TOTAL CASH REQUIRED FROM PURCHASER TO CLOSE $270/331.91 NOTE: It is understood and agreed by all parties hereto that real property taxes for the first half of the 1997 tax year have been paid by Sellers and that said taxes become exempt as of the date of closing. The tax amount previously paid will be pro-rated and a refund will be returned to Seller by the Kitsap County Treasurer. It is further understood that this closing statement is subject to audit and should there be any errors or omissions, they are to be corrected. Further, if any legitimate monetary error is discovered, it is to be assessed and immediately collected from the party or parties liable therefor. ACCEPTED AND APPROVED this If\- ~ b day of I / ~RTON IAN R. SIEVERS Bremerton city Attorney , 1997. PURCHASER'S CLOSING STATEMENT -2- DRAPER.PCS - West Hills Closings - 5/2/97 '. EXHIBIT "A" PARCEL I: LOT 2, BLOCK 25, BREMERTON HEIGHTS, ACCORDING TO THE PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE 41, RECORDS OF KITSAP COUNTY, WASHINGTON; EXCEPT THE NORTH 10 FEET THEREOF. PARCEL II: LOTS 33 AND 34, BLOCK 25, BREMERTON HEIGHTS, ACCORDING TO THE PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE 41, RECORDS OF KITSAP COUNTY, WASHINGTON; EXCEPT THE SOUTH 10 FEET THEREOF. PARCEL III: LOT 27, BLOCK 25, BREMERTON HEIGHTS, ACCORDING TO THE PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE 41, RECORDS OF KITSAP COUNTY, WASHINGTON; EXCEPT THE SOUTH 10 FEET THEREOF. ALSO: LOTS 32, 33, 34 AND 35, BLOCK 24, BREMERTON HEIGHTS, ACCORDING TO THE PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE 41, RECORDS OF KITSAP COUNTY, WASHINGTON; EXCEPT rHAT PORTION THEREOF, IF ANY, LYING NORTH OF AN EXISTING FENCELINE. ALSO: LOT 3, BLOCK 25, BREMERTON HEIGHTS, ACCORDING TO THE PLAT RECORDED IN VOLUME 3 OF PLATS: PAGE 41, RECORDS OF KITSAP COUNTY, WASHINGTON; EXCEPT THE NORTH 10 FEET THEREOF. ..t:.. ,-I~.; REAL ESTATE PURCHASE AND SALE AGREEMENT IN LIEU OF CONDEMNATION THIS CONTRACT CONTROLS THE TERMS OF THE SALE OF THE PROPERTY. READ CAREFULLY BEFORE SIGNING. The City of Bremerton, a Washington municipal corporation, (hereinafter called "Purchaser") hereby agrees to purchase and the undersigned Sellers hereby agree to sell the following described real estate located in the City of Bremerton, County of Kitsap, commonly known as SEE ATTACHMENT "A" and legally described as follows: SEE ATTACHMENT "A" 1. PURCHASE PRICE: The total purchase price is TWO HUNDRED SIXTY-NINE THOUSAND AND 00/100 ($269,000.00) DOLLARS. 2. CONDITION OF TITLE: Title shall be conveyed by quit claim deed. shall be clear of all encumbrances and defects. Property Purchaser will buy the property described in Attachment "A" "as is" except any mortgages on th~ property shall be discharged by Sellers . ~ shall be paid out of the proceeds of sale~ at closing't In addition, Sellers agree to prorate ta es and certain liens as ~ F~S JUJ L..!. 1\ described be ow in Paragraph 5. ~ K;C7 ,..lI ~cUel' s~(.t w.~ 'fI...c.. "~1k.T +0 PCUf e~'( 3 . TITLE INSURANCE: f'otO"'iGl(( es., ~ (oV\.C \A.l~ o~"" ~c.ut.'to p ,aor \ t'O Gto~ I\'i . Purchaser may obtain at its own tost a Washington Land Title Association Standard Form Owner's or Purchaser's Policy of Title Insurance in the amount of the purchase price. Sellers authorize the City Attorney to apply as soon as practical for such title insurance. The title policy to be issued shall contain no exceptions other than those provided in said standard form plus encumbrances or defects noted in paragraph 1 above. If title is not so insurable as above provided and cannot be made so insurable by the termination date set forth herein, this agreement shall t~~ '~'" REAL ESTATE PURCHASE AND SALE AGREEMENT -1- terminate; provided, however, that Purchaser may waive defects in writing and elect to purchase. 4 . DEFAULT: If either party defaults (that is, fails to perform the acts required of that party) in that party's contractual performance herein, the non-defaulting party may seek specific performance pursuant to the terms of this agreement, damages, or rescission. 5. PRO-RATION: Taxes for the current year, rents, insurance, interest, water and other utilities constituting liens shall be prorated as of date of cloding. Purchaser shall pay for remaining oil in fuel tank, the amount to be determined by supplier. 6. POSSESSION: Possession shall be deemed given when Sellers have vacated the premises and delivered the keys to same to Purchaser or to closing agent. However, Sellers may remain in their current residence and may continue to use without interference other properties described with particularity in attachment "A" until October 15, 1997. Sellers shall pay no taxes, assessments, or other governmental charges on the property described in Attachment "A" after the closing date. Sellers will be responsible for the payment of all utilities. 7. CONDITION OF PROPERTY: Purchaser offers to purchase the property in its present condition on th~ terms noted. Purchaser expressly waives the right to require a Sellers Disclosure Statement as required under RCW 64.06.020-040. 8. TIME FOR ACCEPTANCE: Purchaser's offer is made subject to acceptance of Sellers on or before 4:30 D.m. Mondav, ADril 14, 1997. 9. TIME FOR CLOSING - RESPONSIBILITIES' OF PARTIES: The sale shall be closed in the office of the Bremerton City Attorney no later than May 12, 1997, upon which date the agreement shall terminate. The Purchaser and Sellers shall deposit with the Bremerton City Attorney all instruments, documents and REAL ESTATE PU~CHASE AND SALE AGREEMENT -2- 1 monies necessary to complete the sale in accordance with this agreement. 10. CLOSING COSTS AND PRORATIONS: Real estate taxes for the year of closing, and utilities constituting l~ens against the property, shall be prorated as of closing. The owner's standard title insurance policy related to the sale property and other closing costs shall be paid by Purchaser. 11. DATE OF CLOSING: For purposes of this agreement, "date of closing" shall be construed as the date upon which all appropriate documents are recorded and proceeds of this sale are available for disbursement to Sellers. Funds held in reserve accounts pursuant to escrow instructions shall be deemed, for purposes of this definition, as available for disbursement to Sellers. 12. PERSONAL PROPERTY: / All attached floor coverings, attached television ) ~ vma, /enna, window screens, screen doors, storm windows, storm doors,~ lumbing and lighting fixtures (except floor, standing, and swag lamps), shades ~nd venetian blinds, curtain rods, attached bathroom fixtures, trees, plants', shrubbery, water hearing apparatus and fixtures, awnings, ventilating, cooling and heating systems including built in and "drop in' ranges (but excluding all other ranges) and all other fixtures that are now on the premises shall be included in the sale unless otherwise provided herein. See addendum at Attachment "B", which is incorporated herein by ~ 1 ~ference, for additional provisions pertaining to personal ~ ~ property and fixtures. 13. ATTORNEYS' FEES: If either party hereto is required to retain/an attorney to bring suit or seek arbitration to enforce any provisions of this agreement, said party shall be entitled to reasonable attorneys' fees regardless of whether the matter proceeds to judgment or is resolved by defaulting party curing default. 14. ,ENTIRE AGREEMENT: 1 There are no other verbal or other agreement which modify or affect this agreement except the agreements set forth in addendum at Attachment B, which is incorporated herein by this reference. Time is of the essence of this agreement. All REAL ESTATE PURCHASE AND SALE AGREEMENT -3- i subsequent modifications or, waivers agreement shall be in writing and parties. of any condition of this signed by the appropriate '-\ \&<3 \ q '1 Date CITY OF BREMERTON ~ J. -tLL Lynn Horton, Mayor Purchaser l~aZ:A~ #~ ! W. Eugene Sampley, Director of Public Works and utilities H T' · FORM: Attorney Purchaser's Address: Bremerton City Hall '-Attention: Kathleen L. McCluskey, Clerk 239 - Fourth street Bremerton, Washington 98337 Purchaser's Telephone: 1 360 478-5290 ******* On this I~~ day of ~(i I , 1997, we hereby approve and accept the sale set forth in the above agreement and agree to carry out all the terms thereof on the part of the Sellers. U}-l1 rdI4 'ir~ ~~ y ?!~ t(..~ ~JA~;6- ........, ffi.; r J 'i- . 0; 1'17 f~~- o.-:t- >~ . -4- eh:'f-~/j-:,o.r\,<&bj ,...... , . Sellers' A.ddress: ******* Seller's Telephone: REAL ESTATE PURCHASE AND SALE AGREEMENT A hereby true copy o~. the foregoing agreement signed by Sellers is received on ,?;z.-19:~ Iah l'. Sievers Bremerton city Attorney Agent for Purchaser RECEIVED FOR FILING ~~. Kathleen L. McCluskey, City Clerk REAL ESTATE PURCHASE AND SALE AGREEMENT -5- e Attachment nAn Office Pile No.: E-105705-3 DESCRIPTION: PARCEL I: LOT(S) 2, BLOCK 25, BREMERTON HEIGHTS, ACCORDING TO THE PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE(S) 41, RECORDS OF KITSAP COUNTY, WASHINGTON; EXCEPT THE NORTH 10 FEET THEREOF. PARCEL II: LOT(S) 3r AND 34, BLOCK 25, BREMERTON HEIGHTS, ACCORDING TO THE PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE(S) 41, RECORDS OF KITSAP COUNTY, WASHINGTON; EXCEPT THE SOUTH 10 FEET THEREOF. PARCEL III: LOT(S) 27, BLOCK 25, BREMERMTON HEIGHTS, ACCORDING TO THE PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE(S) 41, RECORDS OF KITSAP COUNTY, WASHINGTON; EXCEPT THE SOUTH 10 FEET THEREOF. :) - . ATTACHMENT "A" Office File No.: E-105697-3 DESCRIPTION: LOT(S) 3; BLOCK 25, BREMERTON HEIGHTS, ACCORDING TO THE PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE(S) 41, RECORDS OF KITSAP COUNTY, WASHINGTON; EXCEPT THE NORTH 10 FEET THEREOF. - .. . ATTACHHENT "A" Office File No.: E-105704-3 DESCRIPTION: LOT(S) 32, 33, 34 AND 35, BLOCK 24, BREMERTON HEIGHTS, ACCORDING TO THE PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE(S) 41, RECORDS OF KITSAP COUNTY, WASHINGTON; EXCEPT THAT PORTION THEREOF, IF ANY, LYING NORTH OF AN EXISTING FENCELINE. Ill... I' ." ATTACHMENT "B" ADDENDUM TO REAL ESTATE PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF BREMERTON AND MR. AND MRS. WALTER DRAPER 1. Notwithstanding the provisions of Paragraph 12, City of Bremerton gives the Drapers the right to salvage all fixtures and personal property on the properties described in Attachment "A" provided that such right is exercised no later than October 15, 1997 at 4:30 p.m. The Drapers need not list for the City of Bremerton the items they salvage. 2. Upon provision of notice to the City of Bremerton ten (10) days prior to the moving date, the City of Bremerton will provide two employees to assist the Drapers with moving their personal property. The Drapers shall provide a truck. The period of time the Bremerton employees shall assist the Drapers shall not exceed eight (8) hours. 3. Sellers are responsible for paying for all utilities during the period of possession following closing. REAL ESTATE PURCHASE AND SALE AGREEMENT -6-