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HomeMy WebLinkAbout3017885 u ~- . Filed for Record at Request of: When Recorded Return to: Bremerton City Clerk 1111111I11 1111 II 111111 3017885 Name Page: 1 of 2 85/14/97 18 : 18A Address 239 Fourth street BREMERTON CITY OF D~ED $9.88 Kitsap COI WA Bremerton, Washington 98337 4306 "C" Street & 4313 "D" Street - FAITH TEMPLE CHURCH OF GOD IN CHRIST Document Title: statutory Warranty Deed Reference Number of Document Assigned or Released: Not Applicable Grantor's Name: Faith Temple Church of God in Christ Grantee's Name: City of Bremerton Abbreviated Legal Description: LOTS 6, 7, 8, 27 & 28, B28, B. HEIGHTS (Additional legal on page 1 of docunlent) Assessor's Property Tax Parcel/Account Number: 4502-028-027-0005 STATUTORY WARRANTY DEED (For Use in the State of Washington Only) THE GRANTOR, FAITH TEMPLE CHURCH OF GOD IN CHRIST, a church incorporated under the laws of the State of Washington, for and in consideration of good and valuable consideration, conveys and warrants to the CITY OF BREMERTON, a municipal corporation, the following described real estate, situated in the County of Kitsap, State of Washington: EXCISE.3ISCJSm MAY 14 1997 BY KITSAP COUNTY LOTS 6, 7 , 8, 27 AND 28, BLOCK 28, BREMERTON HEIGHTS, ACCORDING TO THE PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE 41, RECORDS OF KITSAP COUNTY, WASHINGTON. DATED this 9-r~ day Of~fY\~(; , 1997. FAITH TEMPLE CHURCH OF GOD IN CHRIST BY: c~A I~~ CAMETTA HOSKINS - DIRECTOR STATUTORY WARRANTY DEED -1- CHURCH.SWD - West Hills Closings - 4/8/97 =~- . By:4&d ~ ~ BRUCE E. ATKINS - DIRECTOR BY: C?~ ~'~i PETER M. MYERS - DIR TOR STATE OF WASHINGTON) : SSe COUNTY OF KITSAP ) On this day personally appeared before me, Bruce E. Atkins, Cametta Hoskins, and Peter M. Myers, of the Faith Temple Church of God in Christ, the church described in al1d that executed the wi thin and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said church, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument on behalf of said church. l~~H'.Ut +_ t..- "..'J;~',>ll"~"-.. t;,~~ frV\GIVEN. under my hand and offic::ial seal this q .,,~'~~~55#':~;~'v>"', ~ 1997 ' ~.' t,'t-.-",r.-L_ '. \}' '; l- "J,~:Yj;:~:-:::\':;~ ~. '. -'~"J- ".I,~- . _ -, ~_: :.;.. '._ :~.j' i, _H~...~.:: ".2. 01 f ;'"'--D t . ," ..,f>... r N I" vI . . u. , '-~;' ~~~- "-,. ~ .-,\, tary blie in and O~he::F~<;~~-..' ~Shington , res iding at' J ~ \ ~.. . ~,.,,' " ~ appointment expires: O~. '. ." 9.8..< 1111111I11 II II II 111111 3017885 Page: 2 of 2 85/14/97 IS: 18A ...BREt'lERIDN LlTY _OF DEED $9.88 Kitsap Co, WA '" STATUTORY WARRANTY DEED -2- CHURCH.SWD - West Hills Closings - 4/8/97 - ...1.... W', 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 FAITH TEMPLE CHURCH OF GOD IN CHRIST, a church incorporated under the laws of the State of Washington, (hereinafter called "Seller") hereby agrees to sell the following described real estate located in the City of Bremerton, County of Kitsap, commonly known as: 4306 "CH Street and 4313 "D" Street, and legally described as follows: LOTS 6, 7, 8, 27 AND 28, BLOCK 28, BREMERTON HEIGHTS, ACCORDING TO THE PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE 41, RECORDS OF KITSAP COUNTY, WASHINGTON. TAX ID NUMBERS: 4502-028-027-0005 and 4502-028-006-0000 1. PURCHASE PRICE: The total purchase price shall be payable as follows: One Hundred Seventy-three Thousand Dollars ($173,000.00) as the appraised value of the properties, Fifteen Thousand Dollars ($15,000.00) in administrative costs and reimbursement for expenses incurred in relocation, for a total of One Hundred Eighty-eight Thousand Dollars ($188,000.00) . This amount also includes the cost of Seller's appraisal of the properties. 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 REAL ESTATE PURCHASE AND SALE AGREEMENT -1- CHURCH.AGT - West Hills Disk - 3/28/97 . .' '. 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, 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 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 r~maining oil in fuel tank, the amount to be determined by the supplier. 6. POSSESSION: As additional consideration, Sellers shall be allowed to remain in the building located at 4313 "D" Street, which is more commonly known as the Faith Temple Church of God in Christ, without charge, for as long as the property is not needed for a use of the City or its successors requiring physical occupation; Provided, however, Seller will provide a notice to vacate at least sixty (60) days prior to vacation. Sellers shall, upon termination, surrender to Purchaser the keys to preInises. This right of continued occupancy is not transferable. (Sellers shall be allowed to full C~ use of the adjacent parking lot and the small ho_use for storage.) 7. CONDITION OF PROPERTY: Purchaser offers to purchase the property in its present jj}fl 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. REAL ESTATE PURCHASE AND SALE AGREEMENT -2- CHURCH.AGT - West Hills Disk - 3/28/97 "" ~ .' 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: The sale shall be closed in the office of the Bremerton City Attorney within 45 days after preliminary commitment for title policy is delivered show,ing title insurable, as above provided, but ~ in any event not later than the 9th day of Mav , ~~ 1997 ,upon which date the agreement shall terminate. The j)~ 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 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 built in and "drop in" ranges (but exceeding all other REAL ESTATE PURCHASE AND SALE AGREEMENT -3- CHURCH.AGT - West Hills Disk - 3/28/97 . , . ranges) and all other fixtures that are now on the premises shall be included in the sale unless otherwise provided herein. 14. DEMOLITION OF BUILDING: As additional consideration, Buyer shall notify Seller if the church building located at 4313 "D" street is to be demolished and allow two weeks for the Seller to ~ salvage any materials or fixtures. (These two weeks are in additional to the sixty (60) days, item #6 page 2 per Paul Lucas.) dV~ 15. 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. 16. 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 ~-\1-<i'7 BY: ~ ~. d-L Date LY N HORTON, Mayor PURCHASER DEP~AL: W. EUGENE S~ , D"irector of Public Works & utili ties ~~RM: ~L r ~IAN R.-S~ VERS, City Attorney Purchaser's Address: Bremerton City Hall Attention: Kathleen L. McCluskey, Clerk 239 Fourth Street Bremerton, Washington 98337 Purchaser's Phone: (206) 478-5290 \\ \\ \\ REAL ESTATE PURCHASE AND SALE AGREEMENT -4- CHURCH.AGT - West Hills Disk - 3/28/97 ...: l . t. " ******* On this date April 14, 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. BY::&:; C?H Q&Z;IST BY: 6~~j~ BY: ~,~~f Sellers' Address: Faith Temple Church of God in Christ c/o Cametta Hoskins 31020 50th Ave. SW. Federal Way, Washington 98023 Seller's Phone: (206) 927-3575 ******* A true copy of by Sellers is hereby received on \ IAN R. S'J: Bremerton city Attorney\ Agent for Purcha$er RECEIVED FOR FILING: ~~~ KATHLE N 'L. McCLUSKEY, CITY CLER REAL ESTATE PURCHASE AND SALE AGREEMENT -5- CHURCH.AGT - West Hills Disk - 3/28/97