HomeMy WebLinkAbout9612200058
~ NO. qD~ ~
" KITSAP COUNTY
~'RN~jS,,\(~:';ON EXCISE TAX Krp:!AP r'O"foHv
PAin DEe 20 1996 ....t. ,..J. \Jo ton 5
$9.00 CHCK
AMOUNT ~ FILED-BY: CITY OF BREMERTON
~~~SU ER DEe 20, 199tH u: 02 AM
KAREN FLYr4N; AUDITOR
CLCRV" ll-jnrri'Rn
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A=F=#: 96:12200058
-J Filed for Record at Request of: REEL 0939 FR 0904-
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2: When Recorded Return to:
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(!) Name Bremerton city Clerk
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ac:: Address 239 Fourth street
0 Bremerton, Washington 98310
4318 "CO Street - Young
STATUTORY WARRANTY DEED
(For Use in the state of Washington Only)
THE GRANTOR, MARGARET A. HIBBEN-YOUNG, Trustee of the YOUNG
FAMILY 1992 REVOCABLE TRUST, dated February 7, 1992, f or and in
consideration of good ' and valuable consideration, conveys and
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warrants to the CITY OF BREMERTON, a municipal corporation, the
following described real estate, situated in the County of Kitsap,
State of Washington:
Lots 31 and 32, Block 28, Bremerton Heights, according to
the Plat recorded in Volume 3 of Plats, Page 41, Records
of Kitsap County, Washington.
DATED this ~ day of Du~JyA , 1996.
YOUNG
Lr]-
BY: I'
MARGARE.
STATE OF WASHINGTON)
: SSe
COUNTY OF KITSAP )
On this date, before me, the undersigned, a Notary Public in
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STATUTORY WARRANTY DEED -1-
YOUNG.SWD - West Hills Closings - 10/3/96
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and for the state of Washington, duly commissioned and sworn,
personally appeared MARGARET A. HIBBEN-YOUNG, as Trustee of the
YOUNG FAMILY 1992 REVOCABLE TRUST dated February 7, 1992, to me
known to be the individual described in and who executed the within
and foregoing instrument, and acknowledged that she signed the same
as her free and voluntary act and deed, for the uses and purposes
therein mentioned.
GIVEN under my hand and official seal this f.o day of
'1') fA" fl JIY),b t/V' , 1996.
1 th;;>i ~
CHERI RUGER Notar~public in and for the ~tate of
IAJ.!3Rfz ~ ' residing at Se-d+f/e .
STATE OF WASHINGTON My appo' tment expires: /2.-2-1- crCf .
NOTARY --0-- PUBLIC -:,";'-
AlY COMMISSION UPIRES 12-21-99
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A...F....: 9612.200058
REEL 0939 FR 0905
STATUTORY WARRANTY DEED -2-
YOUNG.SWD - West Hills Closings - 10/3/96
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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 4318 "C" STREET. BREMERTON. WASHINGTON, and
legally described as follows':
I 4502-028-031-0009
TAX IDNO:
BREMERTON HEIGHTS
BLK 028 LOTS 31 & 32
1. PURCHASE PRICE:
The total purchase price is ONE HUNDRED THOUSAND
Dollars ($100.000.00) .
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 n.ot 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 Purch~ser'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, and as soon as reasonably possible, Purchaser shall be
furnished 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
REAL ESTATE PURC~SE AND SALE AGREEMENT -1-
RBPSA2.AGT . Agreement Forms - 6/3/96
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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
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 closing. Purchaser shall pay for remaining oil in fuel tank,
the amount to be determined by the supplier.
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. 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 Twelve o'clock midnight on
9. TIME FOR CLOSING - RESPONSIBILITIES OF PARTIES:
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The sale shall be closed in the office of the Bremerton City
Attorney within 1'5 days after preliminary commitment for title
policy is delivered showing title insurable, as above provided, but
REAL ESTATE PURCHASE AND SALE AGREEMENT -2-
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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
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 the sale property,
including any delinquent property taxes. Any assessments shall be
paid by the respective Sellers. Real estate taxes for the year of
closing, and utilities constituting liens against the property,
shall be prorated as of closing. The owner's standard title
insurance policy, real estate excise tax related to the sale
property and other closing costs shall be paid by Buyer.
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. 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 ~uilt 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.
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15. ENTIRE AGREEMENT: There are no other verbal or other
agreements which modify or affect this agreement. Time is of the
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 BREMERTON
q\~\q~ BY:~ ,2, Jl;L
Date LY' , HORTON, Mayor
PURCHASER
Public Works & Utilities
TO FORM:
City Attorney
Purchaser's Adqress: 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.
?mJ~ .
~f:rIf!iMu-~
Sellers' Address: ~~RJ~~
Seller's Phone: REAL ESTATE PURCHASE AND SALE AGREEMENT -4-
~EPSA2.AGT - Agreement Forms - 6/3/96
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A true copy of the agreement is
hereby received on
AN R{ SIEVERS
Bremerton City Attorney\
Agent for Purchaser
RECEIVED FOR FILING:
(~-Z ~ .
KATHLEEN L. MC~TY CLERK
REAL ESTATE PURCHASE AND $ALE AGREEMENT -5-
RBPSA2.AGT - Agreement Forms - 6/3/96