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HomeMy WebLinkAbout200702160080 .. I" Return Address: Robison Green, LLC 3121 Chico Way NW Bremerton, W A 98312 PACIFIC NW TITLE 20070216 Deed Ree Fee: $ 34.00 02/16/2007 10:23 AM Karen Flynn, Kitsap Co Ruditcr 1111111111111111//11111111111111111/111111111111111/ 1/1111//11111 1 of 3 t. t.Tf :J- o-fS ~ Document Title(s) (for transactions contained therein): 1. Statutory Warranty Deed 2. 3. 4. Reference Number(s) of Documents assigned or releas (on page of documents(s)) Grantor(s) 1. The City of Bremerton 2. 3. 4. Additional Names on Grantee(s) 1. Robison Green, LLC 2. 3. 4. of document. t, block, plat or section, township, range) . ,3, 5 ofBLA rec under AF #200612120288, Ptn of Lots 1,2 and . 's Acre Tracts e of document. Parcel/Account Number - 02,3804-008-002-0508,3804-008-002~0607,3804-008-002-0706 . or/Recorder will rely on information provided on the form. The staff will not read e OCll t to verify the accuracy or completeness of the indexing information provided he i '0 f' AFTEll RECORDING MAIL '1'0; RohiAlln Green, LLC 3121 Chico Way NW 6l'e1l1ertou, W A ?8311 Filt:d fOT Record llt Requcs! of: PIIt1fic Northwest Title R!lCTOW Number: 31052692 1'itle Order N4Ilt1bCl: 3:!I05M~ Statutory Warranty Deed THE Grantor The City of Brcmc:rton, a MUllldplll Corpnl'lltiu f. and in C().n.sidCl'll io AND OTHER. GOOD AND VALUABLlt CONSIDERATION in llIn aid, convc' Green. LLC, a Wll~hington Umlted LiaIJility CQmpany the folio oN; County of KiWqI. SlalcllfWasidn~no As Set Forth In Exhibit oaA" Attached Which By Subject To: As Set Forth In Exbibit "A" Attached WhO 13 MlIde A Part Hereof. 021 16/2007 _/JI___~ ___-___ Clel"k's Initial ~I----- NOllI.ry Publ:8 and for the ~ of WaslriOgtOll Residing llt re I'}'\lO f r'\ ~ A- My appoiInmelll expires: - :"1 - :1 P'g< loll LPB-IO PACIFIC NW TITLE 200702160080 Deed Rec Fee: $ 34.00 02/16/2007 10:23 AM Page: 2 of 3 Karen Flynn, Kitsap Co Auditor 111~1111111111111~1111~111II111111111I111 mti III1 1111I 11m Ilmllllllllllllll .. . "" EXHIBIT A Re$ultllnt Parl:e1 Nos. 2, 3, 4 and 5 of Boundary Line Adjustment recorded under Auditor's File No. 2Q0611120:z88, beinz a portion of Lots 1,2 and 3, Tract 8, Warren Smil.h's Acre Tracts, aCl:ording to Plat recorded in Volume 2. of Plats, Pa~ 51, in Kitsap County, W8shington,lyill~ North of ll'~ Street lIud Soutb of 12'b Street. SlIBJECT'tO; Eascml:nt. :uld terrn$ and conditions thereof, affecting a portion of said premises and for the pu hereinafter stated, as di~cloSl.'d by instIulnent rccllI'ded on June 20, 1997, under Kitsap County No. 3024395. For: AITccls: Ingrl:5S, egress and Iltilities Portion of said premises Easement., and t,:nns 3,IId conditions thereof, aftCctinlJ; 11 portion of said pn.;mises an hereinafter stated, as disclosed hy instrunu:nt r<:<<>rded on May 23, 2006, under . No. 200605230271. For: Affects: Use Portion of said premises Said casement to be rescinded mxt extinguished with tenninati Ea8crm;nt, and rem"1S and cundioons thereof, affecting a portion 0 SaJ remises and hereinafter staled, as disclosed by instrument recorded un Dccemb 12- Auditor's File No. 2006121202118. Far: Iogress, egress Affects: Easterly portion Ma.ilers delineated, describ~d and noted 011 S 20(}701230332. ditor's File Nos. 20060926(J4lll) and ~~ PACIFIC NW TITLE 200702160080 Deed Ree Fee: $ 34.00 Page: 02/1612007 10KTts~~ Co Auditor \\ifrnll\\ i\~{fM lIla' ~I\ '\\\\\1 IU\I\ 1\ \\~ \llU \\11\ tm\ 11'1' 'lll \\1\ 3 of 3 FIRST AMENDMENT TO OFFER TO PURCHASE REAL ESTATE This First Amendment to Offer to Purchase Real Estate is entered into between the CITY OF BREMERTON (Seller) and ROBISON/GREEN, LLC (Buyer) and amends the Offer to Purchase Real Estate as follows: Closing will be held on or before February 15,2007. All other terms of the Offer to Purchase Real Estate shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date set forth below. SELLER: CZ;:~N By: Cary Bozeman Its: Mayor Dated: /d - ::;1- () '=::, ett Green, Co-Manager Dated: 101-.. J ~~~ / hli vich, City Attorney R:\LegaI\LegaI\Files\Current Active Files\Warren Ave Tennis Court Sale\lst Amendment to REPSA.doc OFFER TO PURCHASE REAL EST A TE To: THE CITY OF BREMERTON, W A C/O PHIL WILLIAMS, DIRECTER OF PUBLIC WORKS ROBISON/GREEN, LLC, and lor assigns, referred to herein as BUYER, offers to purchase the following described real estate from THE CITY OF BREMERTON, referred to herein as SELLER, upon the terms and conditions stated herein. tJ(]V~~ This offer shall expire unless accepted by 5:00 p.m. on SEPTEMB I~LLER shall signify acceptance by executing the attached form of acceptance. S ~ ~ (JI..lY6(L (2'ert... r'~ ~ The gross purchase price shall be $ 201,OOO(TWO HU~DRED ONE THOUSAN6~cfQ;ioOths Dollars). Seller acknowledges receipt of Earnest Money in the amount of $ 1 ,OOO(ONE THOUSAND and 0/1 OOth Dollars),in the form of a CASHIER'S check which is to be deposited in an escrow account. The legal description of the property is: ATTACHED AS "EXHIBIT A" AND IS MADE A PART OF THIS DOCUMENT BY THIS REFERENCE. This offer is contingent upon the following conditions: - PURCHASER WILL BE ALLOWED A 30 DAY STUDY PERIOD IN WHICH TO DETERMINE THE FEASIBILITY OF THE USE WHICH IS CONTEMPLATED. THIS CONTENGENCY MAYBE WAVED AT ANY TIME PRIOR TO THE EXPIRA TION OF THE STUDY PERIOD, AT THE OPTION OF THE PURCHASER. AS THE LEGAL ENTITY WHO WILL TAKE POSSESSION OF THE PROPERTY AT CLOSING MAY CHANGE PRIOR TO CLOSING OR THE ISSUENCR OF THE TITLE REPORT, THE SELLER AGREES TO COOPERATE WITH THE ASSIGNMENT OF THE OFFER TO PURCHASE UPON NOTIFICATION THAT SAID ASSIGNMENT IS NECESSARY. Except for any credits at closing, and the amount of down payment if any, the purchase price shall be paid in cash at closing. $ 200,OOO(TWO HUNDRED THOUSAND and O/lOOths Dollars), to be paid at closing. The closing will be held within 60 days of the acceptance of this offer to the SELLER, but in no event less than 10 days from the expiration of the study period or notice from the purchaser that the contingency has been waived. The SELLER shall convey to the owner by warranty deed the property herein, and the title thereto shall be merchantable. Within 7 DAYS of acceptance, the SELLER shall provide a binder for title insurance in the principal amount of the purchase price. The title shall be free and clear of any encumbrances other than those, if any, to be assumed by the BUYER at closing. Should any defects in the title, the SELLER shall have 60 days to clear the same. If the SELLER is unable to do so, BUYER shall have the option of closing or rescinding this contract. Should BUYER rescind the contract, then the SELLER shall refund as liquidated damages, and not a penalty, the funds paid for the option to BUYER. The BUYER may at its expense, obtain a current survey of the property. Should the survey indicate encroachments, the SELLER shall remedy the same within 60 days. Should SELLER fail to clear such encroachments, then the BUYER shall have the option of closing or rescinding this contract. Should BUYER rescind the contract, then the SELLER shall refund as liquidated damages, and not a penalty, the earnest money funds paid. The SELLER shall maintain the property and all improvements in the same condition as that which exists on the date of acceptance of this agreement, and shall deliver the same to the BUYER in the same condition, ordinary wear and tear excepted. The following closing costs will be paid by SELLER: THOSE TYPICALLY PAID BY THE SELLER The following closing costs will be paid by BUYER: THOSE TYPICALLY PAID BY THE PURCHASER Should the premises or any portion thereof be leased, SELLER shall provide to the BUYER either a copy of and any all leases in effect, or, should there be any tenants in possession without current written leases, the SELLER shall provide estoppel letters at least 5 days prior to closing stating that there is no lease and the duration of any verbal lease, and the terms of the verbal lease. All taxes for the current year, escrows on mortgages assumed by the BUYER, prepaid insurance on policies assumed by BUYER, homeowners association dues, shall be prorated between the parties as of the date of closing. At the time of closing SELLER shall provide an affidavit to BUYER that either: a) there have been no improvements made which would subject the property to the filing of mechanic's, materialman, labor or other such liens; or b) that there were improvements made to the subject property and all persons having the right under law to lien the property were paid or lien waivers obtained ACCEPTANCE OF OFFER I hereby accept the offer set forth above. Dated /11""""" f 7 / P7I r,.., pY A COPY OF THIS ACCEPTED OFFE ROBISON/GREEN, LLC, BY BRE -/0 Close ~N OJ!- 5:: /&~~ G;r of drC YP~ ;J- 00 G ~ LEGAL - NW CORNER OF II TH A.l\lD WARREN PROPERTY (Tennls Courts) A portion of Lots 1, 2, and 3 orTracl K, of the Plat of Warren Smith' lS Acre Tracts, as recorded in Volume 2 of the book of plats, Page 51, records of Kitsap County, Washington, situate in the southwest quarter ofthe southeast quarter of the n1l11heastquarter of Section 14, T. 24 N., R.\ E., Willamcttc Meridiun, Kit~ap County, \Alashington, more particularly described as follows: Beginning at the east quarter c.omer of said Section 14 and an ex isting monument in case, thence along the south line ofsaid northeast quarter of Section 14, N 88025'05" W 665.47 ft:el.l.u the soutllt':a!'l corner of said southwest quarter of the soulheast quarter of the northeast. quarter, also being an existing monument in case~ thence N 21021 '22" W 206.45 feet to the intersection ur tne westerly right of way of Warren Avenue and the southerly right of way of 12d1 Street. also be.iog the T ruePn;nt of Beginn ing; thence along said suutherly right of way, N88"20' 16"W 237.35 leel; thence leaving said southerly right of way, S 1006'56" W Ill.OK feet to the northerly right of way of 11th Street; thence along said northerly right of way, SHoo54' 40"E 26.88 feet; thence SloOl '26"W 10.00 fbel; thence SH8"5K'34"l:'; 175.24 fecttothc intersection of said north~rly right of way with the said westerly right of way of Warren Avenue; thence along said westerly right of way, N 1"'01 '26"E 21.46 feet: thence N 20030'58"E 106.87 fcet to the True Point of Beginning. Subjecll.o and together with an itlgres~, egress and parking easement over and upon that portion of the property described as tollows: Reginn ing at the said True Point of Beginning, being also the True Point or Reginning It)T this easement; thence along the said southerly right of way of 12th Street" N 88"20' 16"W 35.66 leel; thence leaving said S()uth~Tly right 01" way, S 1"'0\ '26" W 101.14 fect to the said westerly right of way of 11th Street; theuc-c along said westerly right of way, N 20030'5R"E ] 06.R7 fect to the True Point ofUeginning. Said ea~ement to be extinguished and tcrminated at midnight upon the date December 31, 2009. Consisting or 26,452 square feet or 0.61 acres. BRETT GREEN, MANAGING PARTNER ROBISON/GREEN, LLC 360-710-4506 A. u.s. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SETTLEMENT STATEMENT B. TYPE 1. 0 FHA 2. 4. 0 VA 5. 6. FILE NUMBER: 31052092 8. MORTGAGE INS. CASE NO.: OF o FHMA o CONV. INS. 7. LOAN NUMBER .qr. OMB No. 2502-0265 LOAN 3. 0 CONV. UNINS. C. NOTE: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked "(p.o.c.)" were paid outside the closing; they are shown here for informational purposes and are not included in the totals. D. NAME & ADDRESS OF BORROWER: E. NAME & ADDRESS OF SELLER: F. NAME & ADDRESS OF LENDER: G. PROPERTY LOCATION: 11th & Warren, Bremerton, WA 98337 H. SETTLEMENT AGENT: Pacitic Northwest Title PLACE OF SETTLEMENT: 9927 Mickelberry Road NW, Post Office Box 3607, Silverdale, WA 98383 (360) 692-4141 1. SETTLEMENT DATE: 2/16/2007 Final Robison Green, LLC 3121 Chico Way NW, Bremerton, WA 98312 The City ofBremerton 345 6th Street, Ste. 600, Attn: Thelma Swem, Bremerton, WA 98337-1873 J. Summary of Borrower's Transaction K Summary of Seller's Transaction 100. Gross Amount Due From Borrower: 400. Gross Amount Due To Seller: 101. Contract sales price 40 I. Contract sales price 201 000.00 102. Personal property 402. Personal property 103. Settlement charges to borrower: (line 1400) 403. 104. 404. 105. 405. Adiustments For Items Paid Bv Seller In Advance: Adiustments For Items Paid Bv Seller In Advance: 106. City/town taxes to 406. City/town taxes to 107. County taxes to 407. County taxes to 108. Assessments to 408. Assessments to 109. 409. 110. 410. Ill. 411. 112. 412. 113. 413. 114. 414. 115. 415. 116 416. 120. Gross Amount Due From Borrower: 420. Gross Amount Due To Seller: 201,000.00 200. Amounts Paid Bv Or In Behalf Of Borrower: 500. Reductions In Amount Due To Seller: 20 I. Deposit or earnest money 50 I. Excess deposit (see instructions) 202. Principal amount of new loan(s) 502. Settlement charges to seller (line 1400) 1 351.21 203. Existing loan(s) taken subject to 503. Existing loan(s) taken subject to 204. 504. Payoff 1st Mtg. Ln. 205. 505. Payoff 2nd Mtg. Ln. 206. 506. 207. 507. 208. 508. 209. 509. Adjustments For Items Unpaid By Seller: Adjustments For Items Unpaid By Seller: 210. City/town taxes to 510. City/town taxes to 211. County taxes to 5 11. County taxes to 212. Assessments to 5 1 2. Assessments to L213 513. 214. 5H. 215. 515. 216. 516. 217. 517. 218. 518. 219. 519. 220. Total Paid By/For 520. Total Reductions 1,351.21 Borrower: In Amount Due Seller: 300. Cash At Settlement From/To Borrower: 600. Cash At Settlement From/To Seller: 301. Gross amount due from borrower (line 120) 60 I. Gross amount due to seller (line 420) 201 000.00 302. Less amount paid by/for borrower (line 220) 602. Less reductions in amount due seller (line 520) 1351.21 303. Cash (DFROM) OrO) Borrower: 0.00 603. Cash lXlrO) IDFROM) Seller: 199,648.79 x X Page I of 3 SB-4-3538-000-1 HUD-l (3-86) RESPA, HB 4305.2 Previous Edition Is Obsolete Form No. 1581 3/86 X X "L. 700. Total Sales/Broker's Commission: Based On Price $ %= Escrow: 31052092 Paid From Borrower's Funds At Settlement Paid From Seller's Funds At Settlement SETTLEMENT CHARGES 803. Annraisal fee to: 804. Credit renort to: 805. Lender's insnection fee 806. Morte.ae.e insurance anolication fee to 807. Assumntion fee 808. 809. 810. 811. 812. I 813. 814. 815. 816. QOII Tt..m. RMm;~MI Rv T ...nrlo-.r Tn K.. "',,;<1 Tn . ... . . 901 . Interest irom to (a)~ /day (Q days) 902. Mortgage insurance nremium for mo. to 903. Hazard insurance nremium for Yrs. to 904. Flood insurance oremium for Yrs. to 905. 906. 1000 Whh T ...nrl..r' 1001. Hazard insurance o months (a) $ 0.00 oer month % % 1002. Mortgage insurance 1003. City property taxes 1004. County property taxes 1005. Annual assessments 1006. Flood insurance 1007 o months @ $ o months @ $ o months @ $ o months @ $ o months @ $ o months @ $ 0.00 oer month 0.00 per month 0.00 oer month 0.00 per month 0.00 per month o 00 ger month 1008. Ae.e.ree.ate Adjustment 1009. I lll1n Titl.. 1101. Settlement or closine. fee to Pacific Northwest Title 461.55 1102. Escrow Fee: $850.00 Sales Tax: $73.10 1103. Title examination to 1104. Title insurance binder to 1105. Document oreparation to 1106. Notarv fees to 1107. Attorney's fees to (includes above item Numbers: ) 1108. Title insurance to Pacific Northwest Title (includes above item Numbers: ) 879.66 1109. Lender's coverae.e $ 1110. Owner's coverage $ 201 000.00 Premium: $810.00 Tax: $69.66 1111. 1112. 1113. 1114. 12011. "nrl .. 1201. Recordine. fees: Deed $ 0.00 . Morte.ae.e $ 0.00 :Releases $ 0.00 1202. City/county tax/stamos: Deed $ 0.00 . Mortgage $ 0.00 1203. State tax/Stamns: Deed $ 0.00 'Morte.ae.e $ 0.00 1204. Excise Tax to Kitsao County Treasurer 10.00 1205. 11110 A . . mt I 1301. Survey to 1302. Pest insnection to 1303. 1304. 1305. 1306. 1307. 1308. 1309. 1310. 1311. 1312. 1313. 1&00 Tnt,,1 (Jln!pr nn linp I n ~ "n~f;~~ T _ nnrl _ linp 'in 7 Sprfinn 1;') 1 1'\1 71 Form No. 1582 Page 2 of3 SB-4-3538-000-] x x x x SELLER'S AND/OR BORROWER'S STATEMENT Escraw: 31052092 I have carefully reviewed the HUD-I Settlement Statement and to the best of my knawledge and belief, it is a true and accurate statement of all receipts and disbursements made an my accaunt .or by me in this transaction. I further certify that I have received a capy of the HUD-I Settlement Statement. BorrowerslPurchasers Sellers The City ofBremerton By: Cary Bazeman, Autharized Signer The HUD-l Settlement Statement which I have prepared is a true and accurate accaunt of this transactian. I have caused .or will cause the funds ta be disbursed in accardance with this statement. Settlement Agent: Cindy 1. Rose, Paci IC Narthwest .tle WARNING: It is a crime ta knawingly make false s a ements to the United States on this or any ather similar farm. Penalties upon convictian can include a tine or imprisonment. Far details see: Title 18 U.S. Code Sectian 1001 and Section 1010. Date: ~'l io ,.~\ SELLER'S TAX INFORMATION SELLER'S CERTIFICATION OF TAXPAYER IDENTIFICATION NUMBER (substitute W-9) Yau are required by law to provide the Settlement Agent (see black H) with your carrect taxpayer identificatian number. If yau do not provide your Settlemel Agent with yaur carrect taxpayer identification number, you may be subject ta civil or criminal penalties imposed by law in the Tax Reform Act .of 1986, under Internal Revenue Code Sections 6045(e), 6676, 6722, 6723 and 7203. Under penalties .of perjury, I certify that the number shawn an this statement is my correct taxpayer identificatian number. TIN 91-6001231 Signed: The City afBremerton TIN Signed: TIN Signed: TIN Signed: Seller's Farwarding Address: 345 6th Street, Ste. 600 Attn: Thelma Swem Bremertan WA 98337-1873 PROCEEDS FROM REAL ESTATE TRANSACTIONS (substitute form 1099-S) The information cantained belaw and in blacks E, G, H and I is important tax informatian and is being supplied to the Internal Revenue Service. Ifyau are required to tile a return, a negligence penalty or other sanction will be imposeu on you if this item is required to be reparted andthe IRS detennines that it has nat been reported. If this real estate was your principal residence, file Form 2119, Sale or Exchange of Principal Residence, far any gain, with your income tax return; for other transactians, complete the applicable parts of Form 4707, Farm 6252 and/ar Schedule D (Form 1040). GROSS PROCEEDS: $ 201,000.00 o Check here if the Seller received .or will receive property .or services as part of the consideratian. Real property tax amaunts reimbursed $ 0.00 PROCEEDS ALLOCATION FOR MULTIPLE SELLERS When more than one seller is involved in the transfer of property, they may elect to allocate the Grass Proceeds between the named parties far the purpase of reporting such amounts to the Internal Revenue Service. This DOES NOT apply to a husband-wife relationship or to a partnership. If the proceeds are allocated, the sum afthe individual allocations must equal the total Gross Praceeds above. Use the space below or submit a sheet listing name, address, taxpayer identificatian number, and allocatian amount. Page 3 of3