HomeMy WebLinkAbout9509130019
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Filed for Record at Request of:
" VITcAP {'OUN'T\;
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$8.00 CHCK
FILED-BY: BREMERTON CITY OF
Wh R d d R t t. SEP 13, 1995, 9:01 AM
en ecor e e urn o. KAREN FLYNN; AUDITOR
Name Bremerton ci tv Clerk CLERK: MILLER
Address 239 Fourth street A"" F... #: 950913001. 9-
REEL 0875 FR 1928
Bremerton. Washington 98310
4310 "D" Street - Otis
STATUTORY WARRANTY DEED
(For Use in the state of Washington Only)
THE GRANTORS, JAMES RAY OTIS, JR., and CELERNIA A. OTIS,
husband and wife, for and in consideration of good and valuable
consideration, convey and warrant to the CITY OF BREMERTON, a
municipal corporation, the following described real estate,
situated in the County of Kitsap, State of Washington:
LOT 28, 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.
DATED this /rfrfJ day of fJ,() C , 1995.
NOl431 / ~ ~
KiTS~ COUNTY ~ ~J' {1Y~ ~
TRANSACTIONEXCI M ~RAY OTIS -'JR.
PAID ~cp 181995 . ...., a--/;i
AMOUNT P qg(J ( fot) C ~, ~, Ot ~ (j..J
~~UN~~~~ CELERNIA A. OTIS
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 JAMES RAY OTIS, JR., and CELERNIA A. OTIS,
husband and wife, to me known to be the individuals described in
and who executed the within and foregoing instrument, and
acknowledged that they signed the same as their free and voluntary
STATUTORY WARRANTY DEED -1-
OTIS.SWD - West Hills Closings - 8/1/95
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> act and deed, for the uses and purposes therein mentioned.
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GIVEN under my hand and off lClal seal thlS "t-\. daY" q'.f..:........:. ,s;~/.\'"
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AaF=#: 9509130019
REEL 0875 FR 1929
STATUTORY WARRANTY DEED -2-
OTIS.SWD - West Hills Closings - 8/1/95
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AGREEMENTS FORMS DISK
REPSA2.AGT
REAL ESTATE PURCHASE AND SALE AGREEMENT
Improved Property
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 IIPurchaserll) 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 4310 "D" STREET, BREMERTON. WA 98312 , and
legally described as follows:
SEE ATTACHED EXHIBIT "A"
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1- PURCHASE PRICE:
The total purchase price is TWENTY-SEVEN THOUSAND
Dollars ($ 27,000.00 ) .
2 . CONDITION OF TITLE:
The title is to be free of all encumbrances or defects except:
Rights reserved in federal patents or state deeds,
building or use restrictions general to the area,
existing easements not inconsistent with Purchaser's
intended use, and building or zoning regulations or
provisions shall not be deemed encumbrances or defects.
Encumbrances to be discharged by Sellers may be paid out
of purchase money at date of closing.
3. TITLE ,INSURANCE:
Sellers shall furnish to Purchaser 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
insu~ance, and as soon as reasonably possible, Purchaser shall be
furnlshed a preliminary commitment therefor issued by Land Title
Company. (The Sellers shall assume any cancellation fee of such
commitment or policy.) 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
REAL ESTATE PURCHASE AND SALE AGREEMENT -1- ~
REPSA2.AGT - Agreement Forms - 3/13/95
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not so insurable as above provided and cannot be made so,insurable .
by the termination date set forth herein, this agreement shall
terminate; provided, however, that Purchaser may waive defects in
writing and elect to purchase.
4 . DEFAULT: , .~
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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
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pursuant to the terms of thls agreement, damages, or reSClSSlon.
5. PRO-RATION: .,
Taxes for the current year, rents, insurance, interest, water
and other utilities constituting liens shall be prorated as of date
of/closing. Purchaser shall pay for remaining oil in fuel tank,
t~e amount to be determined by the supplier.
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6. POSSESSION:
Sellers shall deliver possession to Purchaser on closing, or
days after closing. Sellers agree to pay Purchaser the sum
of $ for each day of possession beyond date of closing.
Possession shall be deemed given when Sellers have vacated the
premises and delivered the keys to same to Purchaser or to closing
agent. Said payment shall be the sole responsibility of Sellers.
7. CONDITION OF PROPERTY:
Purchaser offers to purchase the property in its present
condition on the terms noted. Sellers hereby warrant that to the
best of their knowledge the premises described herein and the
improvements thereon do not violate the applicable building or
zoning regulations and that they are unaware of any material defect
in the premises or improvements thereon with the exception of the
following, to-wit: None.
8. TIME FQR ACCEPTANCE:
Purchaser's offer is made subject to acceptance of Sellers on
or.before Twelve o'clock midnight on .
9. TIME FOR CLOSING - RESPONSIBILITIES OF PARTIES:
The sale shall be closed in the office of the Bremerton City
Attorney within 45 days after preliminary commitment for title
policy is delivered showing title insurable, as above provided, but
in any event not later than the ____ day ,of ,
19 , upon which date the agreement shall terminate. The
Purchaser and Sellers shall deposit with the Bremerton city
REAL ESTATE PURCHASE AND SALE AGREEMENT -2-
REPSA2.AGT - Agreement Forme - 3/13/95
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Attorney all instruments, documents and monies necessary to
complete the sale in accordance with this agreement.
10. CLOSING COSTS AND PRORATIONS: The Sellers agree to pay
for the costs of clearing the Sellers' title to th~ iale ~roperty,
including any delinquent property taxes, the owner's standard title
insurance policy, and any real estate excise t~x;r~iated tb the
sale property. Real estate taxes for the, year of closing, and
utilities~.constituting liens ag~instthe property, shall be
prorated as of closing. Any assessments shall be paid by the
respective Sellers.
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 - pui'suant to escrow
i~tructions shall be deemed, for purposes of this definition, as
available for disbursement to Sellers.
12. RISK OF LOSS:
If prior to closing, improvements on said premises shall be
destroyed or materially damaged by fire or other casualty, this
agreement at option of Purchaser shall become null and void. If
Purchaser elects to continue, all insurance proceeds, if any, shall
be payable to Purchaser.
13 . PERSONAL PROPERTY: " ..
All attached floor coverings, attached television antenna,
window screens, screen doors, storm windows, storm doors, plumbing
and lighting fixtures (except floor, standing, and swag lamps),
shades and venetian blinds, curtain rods, attached bathroom
fixtures, trees, plants, shrubbery, water heating apparatus and
fixtures, awnings, ventilating, cooling and heating systems
including built in and "drop in" ranges (but exceeding all other
ranges) and all other fixtures that are now on the premises shall
be included in the sale unless otherwise provided herein.
14. 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.
15. ENTIRE AGREEMENT: There are no other verbal or other
agreements which modify or affect this agreement., ,Time is of the
REAL ESTATE PURCHASE AED SALE AGREEMENT -3-
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, essence of this agreement. All subsequent modifications or waivers
,of any condition of this agreement shall be in writing and signed
by the appropriate, parties.
-- CITY OF B=:rzo: .
5/10 /9f BY:~ J.
Date LY' HORTON, Mayor
PURCHASER
ctor of Public Works & utilities
FORM:
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Attorney
Purchaser's Address: Bremerton city Hall
Attention: Kathleen L. McCluskey, Clerk
239 Fourth street
Bremerton, Washington 98337
Purchaser's Phone: (206) 478-5290
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On this date , 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.
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Sellers' Address: /~dl tr/~ IUd dn.~
)?7~ 6~d? ~In~ r~3s.1
Seller's Phone: j/t/t1 eA;: ~??S356--
REAL ESTATE PURCHASE AED SALE AG~E~ENT -4-
REPSA2.AGT - Agreement Forms - 3/13/95 ".."';
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A true copy of the~foreq0ing agreement s~g is
hereby receiV~d on,.__/ .~ ~ ~ 19 I ~_':' .' '-"'~,
IAN'R. SIEV S
Bremerton City Attorney\
Agent for Purchaser
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RECEIVED FOR FILING:
:!i~Sf~~ERK
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REAL ESTATE PURCHASE AND' SALE AGREEMENT -5- - - , .", ~
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~ . THIS SPACE RESERVED FOR RECORDER'S USE
\1 .' SECURITY TITLE INSURANCE COMPANY '1
" , OF WASHINGTON J
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olE Of CHICAGO TITLE AU;N' Y li
..( ') Filed for Record at Request of ~\}ij~~~lf IN\(Q)o all Q Q, , ' ;,
MAR 3 1980 AM B:ti~
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;g Q:UYYLI-<L Qjt~~ illlit';;.'W~~j i 1 Au'';rrOR
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o CITY AND STATE_ JI. YY\..QA/ .,(\ {'\ j....:..t f "
o i'~O. 660:33
c;o KITSAP COUt'-lTY
:TRANSACT N EXCISE TAX
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I lJ Warranty Fulfillm,ent Deed ~~u~~
THE GRANTOR'S CONRAD W. JOHNSON and IRENE JOHNSON, husband and wife
for and in consideration of Ten ($10.00) Dollars and other considerable valuations
in hand paid, conveys and warrants to JAMES RAY OTIS, an unmarried man
the following describt:d red estate, sinwed in the counry of Kitsap , State of
\X1ashingron:
Lot 2, Block 1, McClellan's Addition to the Town of Bremerton
as recorded in Volume 2 of Plats, page 74, Kitsap County, Washington.
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...... , , ' This deed 1S g1ven 111 fulfillment of that certain real estate contract between the parties hereto, dated
.::( :;,:' ",,' December 23 ' 1964 ' and conditioned for the conveyance of the above
i ';;:~'..;~,<~::,~/:~.de~cribed property, and the covenants of warranty herein contained shall not apply to any title, interest or
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,:;"~:-~~~;;;.::tr">'~:encumbrance arising by, through or under the purchaser in said contract, and shall not apply co any taxes,
'~~~}~i;~~i~~{,~~~essments or other charges levied, assessed or becoming due subsequent to the date of said contract.
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'~;1f:t~1t\~~~;;~;;;;,,}~'Dated,thls,'-1;.' 'f ',> 28th day of December, .1970
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