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Home My WebLink About9408010195 ~, . . ~.; , . ,- r r\I TSAP COUNTY $8.00 CHCK FILED-BY: BREMERTON CITY OF AUG 1, 1994, 1:49 PM . l{ t.i q V" ; T FlIed for Record at Request of: .\3:, , . ..: ... CLERK: MILLER A=F=#: 940g0~0195 When Recorded Return to: REEL 0818 FR 1. 2 67 Name Bremerton city Clerk Address 239 Fourth street Bremerton. Washinqton 98310 STATUTORY WARRANTY DEED (For Use in the state of Washington Only) THE GRANTOR, JAY DIONE MARKEY and GLORIA CLAIRE STURDIVANT, as their separate estate, 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: Lots 9 and 10, Block 28, Bremerton Heights, according to plat thereof, recorded in Volume 3 of Plats, Page 41, records of Kitsap County, Washington. DATED this 6 day of 1994. NQ. t? f/bb KITSAP COUNTY, , TRANSACTlONEXCISE TAX PAID AUG 1 1994 ~ AMOUNT ?79' #~'(!_#-~~~ COUN~~~RfiR GLORIA CLAIRE STURDIVANT BY A, ' , STATE OF ~~iri~N) (Y\~Y'\O~ ss. COUNTY OF ~P ) On this date, befo~~~~undersigned, a Notary Public in and for the state of ~, l'R, duly commissioned and sworn, personally appeared JAY DIONE MARKEY, to me known to be the individual described in and who executed the within and foregoing STATUTORY WARRANTY DEED -1- MARKEY. SIJO - Rea l Estate - 6/30/94 0 R 'I GIN AL .. .::.- ." r instrument, and acknowledged that she signed the same as her free and voluntary act and deed, for the uses and purposes therein mentioned. rjz -r GIVEN under my hand and official seal this 1 day of v t.-J( , 1994. ~ 8' OFFICIAL SEAL Notary P~lic in and for e state of " ') DEBRA CEARLEY . . ' \., "./ I NOTARY PUBLIC-OREGON OP~(rJD , resldln t yY\(AHno~w \ MYCOMM COMMISSION NO, 022130 My appointment expires: d - IS-Q7 . ISSION EXPIRES FEB. 15, 1997 STATE OF WASHINGTON~ ss A... F... =Ii: 94080'10'195 COUNTY OF KITSAP ). REEL 0818 FIR 1268 On this date, before me, the undersigned, a Not~ry Public in and for the State of Washington, duly commissioned and sworn, .r personally appeared GLORIA CLAIRE STURDIVANT, 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. . . . /, T1+ G~Under my hand and offlclal seal thlS ~ day of , 1994. i.u~O;~crv~ Notary Pu llC ln and for the State of L0~I~h.-. , residing at frd- Ordu,...u/ . My, appo ntment expires: d~~o;9~ . STATUTORY WARRANTY DEED -2- MARKEY.SWD - Real Estate - 6/30/94 . .--." ( " . REAL ESTATE PURCHASE AGREEMENT THIS AGREEMENT is by and between GLORIA STURDIVANT & DIONE MARKEY , (hereinafter referred to as "Seller ") and the CITY OF BREMERTON, a Washington municipal corporation, (hereinafter referred to as "Pu~chaser"). 1. DESCRIPTION OF PARCELS: Purchaser agrees to purchase and Seller agrees to sell and convey, upon the terms and conditions contained herein, that real property located in Kitsap County, State of washington, legally described as: .. ..' 1202 BAYVIEW DRIVE, BREMERTON, l-TA 98312 (See attached exhibit "A") (hereinafter referred to as "Sale Property"). 2. PAYMENT: The Seller and the Purchaser agree that the fair market value of the "Sale property" is FIFTY-FIVE THOUSAND Dollars ($55.000.00 J and said sum is agreed to be the purchase price for the above property,. in cash at closing. (See Addendum No.1) 3. CONTINGENCY OF APPROVAL OF TITLE ENCUMBRANCES: The status of the Seller's title will be shown in a preliminary commitment for an owner's standard coverage ALTA form title insurance policy issued by Land Title Insurance Company, which commitment will be obtained by Seller at Seller's expense, and delivered to the Purchaser within fifteen (15) days of the Purchaser's signature on this Real Estate purchase Agreement. Said preliminary commitment shall have attached thereto photocopies of all documents shown as encumbrances to the title of the Seller. Purchaser must, within fifteen (15) days of delivery of said preliminary commitment by the Seller,. approve in writing the title and encumbrances or defects thereto or ,give notice of unacceptable encumbrances. If the Purchaser does not give said written approval or if, wi thin ten (10) days of the Seller's receipt of Purchaser's list of unacceptable encumbrances, Seller does not agree in writing to remove those encumbrances objected to by the Purchaser at or prior , " , to closing, this Real Estate purchase Agreement shall, at the ::{'-'i : .:(.r ::11. ~EAL ESTATE PURCHASE AGREEMENT -1- ::::~h; : :1'1,' . ..-..., r .' . . . , . Purchaser's option, become null and void and all rights of the parties hereunder shall terminate. 4. CONVEYANCE BY STATUTORY WARRANTY DEED: At closing, fee title to the "Sale Property" shall be conveyed, to the Purchaser by Statutory Warranty Deed subject only to those defects and encumbrances approved by the Purchaser pursuant to paragraph 3 above. s. TITLE INSURANCE: At closing, the Seller agrees to provide to Purchaser, at its expense, an owner's standard ALTA form policy of title insurance issued by Land Title Insurance Company, said policy containing, in addition to the normal printed exceptions, only those defects and encumbrances approved by the Purchaser pursuant to paragraph 3 above. 6. POSSESSION: Purchaser shall be entitled to possession of the property it purchases upon the closing of this transaction. 7. ESCROW CLOSING AGENT: This transaction shall be closed by the Bremerton city Attorney, located at 239 Fourth Street, Bremerton, Washington. 9. CLOSING COSTS AND PRORATIONS: The Sellers agrees to pay for the costs of clearing the Seller's title to the "Sale Property" , including any delinquent property taxes, the owner's standard title insurance policy, and any real estate excise tax related to the "Sale Property". Real estate taxes for the year of closing, and utilities constituting liens against the property shall be Rrofated as of closing. Purchaser shall paynfor any escrowfeesn and record ng ees. 9. CLOSING DATE - TERMINATION DATE: This transaction shall be closed on or before 5:00 p.m. on the termination date of this Agreement, which date shall be 60 days after the date on which Purchaser signed this Agreement below. 10. ATTORNEY'S PEES: In the event that the Seller or the I Purchaser shall institute a lawsuit to enforce any rights pursuant to this Agreement~ the successful party shall be entitled to, in ~dditiort to those costs and disbursements provided by statute, a :.1/. -, r~a~onable sum as attorney's fees and costs incurred in any appeal ,i '~ . " th~reof. y.:' :':' ,.'<, . 'f,:: : l " ' itut tSTATE PuRCHAst AGREEMtNT -2- r ' , . '.' I ... . I , , ' !~: ;', ':',' .';. >..!' ri,; . . ,---., f" , . . . 11. NOTICES: All notices sent to the Seller or the Purchaser pursuant to this Real Estate Purchase Agreement shall be sent by certified mail, return receipt requested to the following addresses unless either party notifies the other in writing of a change of address: For the Seller: Gloria Sturdivant AND Jav Dione Markev 1318 Cottman Avenue, 57 N.E. Ivy Bremerton. WA 98312 Portland. OR 97212 For the Purchaser: Eddy T. Chu, PoE., Director Bremerton Public Works and utilities 3027 Olympus Drive ....--. Bremerton, WA 98310-4799 12. TIME OF ESSENCE: Time is of the essence of this Real Estate Purchase Agreement. 13. GOVERNING LAW AND VENUE: This Agreement shall be governed by and interpreted in accordance with Washington law. Any litigation arising out of . connection with this Agreement or 1n shall be conducted in Kitsap County, Washington. 14. RISK OF LOSS: The Seller shall deliver the premises and any personal property thereon to the Purchaser at closing in the same condition existing as of the date hereof. Risk of loss or damage to the premises or the personal property shall be borne by the Seller until the date of closing. Thereafter, the Purchaser shall pear the risk of loss. 15. ASSIGNMENT: Neither Seller's nor the Purchaser's rights under this Agreement may be assigned without prior written consent of the other party. In the event of an assignment, this Real Estate Purchase Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns, heirs, and legal representatives. 16. HEADINGS: The headings of the paragraphs of this Aqreement are inserted solely for the convenience of the parties , , , ' and ar~ not a pat of nor intended to govern, limit, or aid in the ~ i;, . 'donstruction of any term or provision hereof. i.! ;'~" ' . ,'," , ' !i: lilt tsrATE PURCHASE AGREEMENT .P' ..- . . .. . - -- .--- .- I. - 3 - J!;' " '. .' i;: " ., _ ;. ---, r . 17. ENTIRE AGREEMENT: There are no verbal or other agreements which modify or affect this Agreement and Seller and Purchaser agree that this Agreement constitutes the full and complete understanding between the parties hereto. 18. SURVIVAL: The Seller and Purchaser agree that all representations, warranties, and agreements made herein shall not merge in, but shall survive, the closing of this transaction and the delivery of any deeds hereunder. f!(1r. . / 0 e !,.'... . ,: ,', " , S~~ CITY OF BREMERTON ~ /:2:::: t y ~o-tofLor u , I ATTEST: Clerk EDDY C Public Works & utilities , \ . ~T~ FORM' , , , 'IAN R'. SIEVERS, Ci ty Attorney . \,',; . : ~. J.~. .:, . ~- . 'tn~AL t~TATt PtmcttASE AGREEMENT -4- . . :~ ('. ", . . EXHIBIT "A" LEGAL DESCRIPTION Lots 9 and 10, Block 28, Bremerton Heights, according to the plat thereof, recorded in Volume 3 of Plats, page 41, records of Kitsap County, Washington; Situate in Kitsap County, Washington. , '. " , '..i, ... _ _n . __.~_ . _n.' _ ___n . ___ ._. . ..n _ n"_'" ..__ .' ,>' .~ -. ~ . . ADDENDUM NO. 1 The Sellers, GLORIA STURDIVANT and JAY DIONE MARKEY, hereby instruct the escrow agent to pay at closing from the purchase price received at closing the following: (1) The lien on the subject property in the approximate amount of $12,000.00; (2) The sum of Four Thousand and NO/100 Dollars ($4,000.00) directly to Renita Sturdivant Chambers by mailing a certified check to her at the following address: Renita Sturdivant Chambers 1016 SE 26th St. Portland, OR 97214 (3) Applicable closing costs to Seller (i.e. eXClse tax and title insurance); and (4) Divide the remaining balance equally between Gloria Sturdivant and Jay Dione Markey by mailing certified mail return receipt requested Gloria Sturdivant's 50% of the remaining net proceeds to: 4 Gloria Sturdivant 7267 48th South Seattle, WA 98118 and by mailing Jay Dione Markey's 50% of the remaining net proceeds by certified mail return receipt requested to: Jay Dione Markey 57 NE Ivy Portland, OR 97212 ~ , , . . By way of example usinq estimates for figures: Purchase Price: $55,000.00 Less Lien $12,000.00 Less Renita Chambers $ 4,000.00 Less closing costs $ 1,344.00 NET PROCEEDS $37,656.00 Divide by two = $18,828.00 To Gloria Sturdivant - $18,828.00 To Jay Dione Markey - $18,828.00 Each of the Sellers herein agree to be responsible for 50% of the costs in this Agreement applicable to Sellers. SELLERS: PURCHASER: '~/a CITY OF BREMERTON