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HomeMy WebLinkAbout9603040052 KTTCAP 1"(11 It.ITV ,.~:..J t..'" U- ... i : $8. on CHCK Filed for Record at Request of: FILED-BY: BREMERTON CITY OF MAR 4, 1996, 9:35 AM KAREN FLYNN, AUDITOR CLERK: FREEMAN When Recorded Return to: A=F=fi=: 9603040052 Name Bremerton city Clerk REEL 0899 FR 2266 Address 239 Fourth street Bremerton. Washinqton 98337 4310 "E" Street - Rose STATUTORY WARRANTY DEED (For Use in the state of Washington Only) THE GRANTOR, STACY E. ROSE, as his separate property, for and in consideration of good and valuable consideration, convey and warrant to the CITY OF BREMERTON, a municipal corporation, the following described real estate, situated in the County of Kitsap, State of Washington: LOTS(S) 27, 28, AND 29, BLOCK 24, BREMERTON HEIGHTS, ACCORDING TO THE PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE(S) 41, RECORDS OF KITSAP COUNTY, WASHINGTON. NO. \3q7 '~ DATED this J day of Mo..v"Gh , 1996. KIT:SAP COUNTY TRANSACTION EXCISE TAX PAID MAR 2 1996 ~~C~ AMOUr-rr~' too STACY E. RO . OUN REASUREA BY,' ,~ STATE OF WASHINGTON) : ss. COUNTY OF KITSAP ) On this date, before me, the undersigned, a Notary Public in and for the State of washington, duly commissioned and sworn, personally appeared STACY E. ROSE, as his separate property, to me \\ STATUTORY WARRANTY DEED -1- ROSE.SYD - Yest Hills Closings - 2/14/96 '" known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that she signed the same as her free and voluntary act and deed, for the uses and purposes therein mentioned. o$''i.~~':'~' ;,; ;""""'I.J. .& "'. .\', - .I, '. I ~" I .::'. ^ " . ,,' .~~" '~\? .~ my hand and official seal this ," ~:~:i>6t~-'GO'~}..,,'~~}f , 1996. J if__.!.... '::)\:104' ''''~V''' , ~li~ ~-{;~:'t'~, ~ 2' ~ .~ ,- , -'." " ';., ~~.~ '.I!X~ 1 . \~. ,; ; ~4;t:.' ~ tary Public in and for the st:~t"e~<9'~j\tl\:,'.::.~~""l . . . '.. '"-.:. ..." ("",' ;Y:'i IaShlnqton, resldlng at Port Orch}~:~rd.;j~~::~-$\~!,jS#~;llf' My appointment expires: 10/29/98'.:'))'!e,7;tt~!\1I~,r,\',l''(' .C', ~ A...F....: 9603040052 REEL 0899 FR 2267 STATUTORY WARRANTY DEED -2- ROSE.SWD - West Hills Closings - 2/14/96 i .'~ , . REAL ESTATE PURCHASE AND SALE AGREEMENT IN LIEU OF CONDEMNATION 'fHIS CONTRACT CONTROLS THE TERMS OF THE SALE OF THE PROPER'fY. READ CAREFULLY BEFORE SIGNING. THE CITY OF BREMER'fON , 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 4310 II E" STREET, BREMERTON. WASHINGTON, and legally described as follows: 'I'M ID NO: 4502-024-027-0004 BREMERTON HEIGHTS - LOTS 27, 28 AND 29, BLOCK 24, BREMERTON HEIGHTS, ACCORDING TO PLAT RECORDED IN VOL 3 OF PLATS, PAGE 41 l. PURCHASE PRICE: The-'t6tal purchase' pric~ is SEVENTY-TWO THOUSAND '_Dollars, ($72,000.00):--,- ;' 'j- ~.~, . " " ," , .' ..... ' , , 2. CONDITION OF-'TITLE:~ . r' 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 . 'fITLE 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 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 titlepolicy.to be issued shall contain -, '-," " -- ., REAL ESTATE PURCHASE AND SALE AGREEMENT -1- REPSA2,AGT - Agreement Yorms - 12/29/95 .", \ ,'~' ~\.:~ :!!~.::\ ".:: . . 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. DEFAUVf: 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 1 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: i., ", J . {) il A " i. se:4-J-ers shall de~i ver possession to Purchaser on closing, or l' otna ot W\CWtJIl,/l,i~fter closlng. Sellers agr,ee to pay Purchaser the, sum of $ . for each day of possesslon beyond date of closlng. 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 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 wi thin 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 , REAL ESTATE PURCHASE AND SALE AGREEMENT -2- REPSA2.AGT - Agreement Forms - 12/29/95 . . 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. II. 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 prio~ to closing, improvements on said premises shall be destroyed or materially damaged by fire or other casualty, this agre~ment 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 ,f ixtures,- awnings, , ventilating'", ... l' and heating systems coo~lng 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. A'rTORNEYS' 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. REAL ESTATE PURCHASE AND SALE AGREEMENT -3- REPSA2,AGT - Agreement Forms - 12/29/95 ~ ",< '''-' ". " .. . . 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 BREM~TON ~- \ ~ -<1 k, BY:~ ,,1. i LY N HORTON, Mayor PURCHASER of Public Works & utilities APP IAN 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 ******* On this date ~i ~.J/J /, 19ft , we hereby approve and accept the sale set forb in the above agreement and agree to carry out all the terms the eof on the part of the Sellers. yz ~"t:'0<-~ ~ Sellers' Address: '-I3l0 E- 5T Sf'" e-M e v r-tG i--, cJ;4- q g,..::? t'2- Seller's Phone: '17 e ~ 07?jL( .s '5 iJ=.. 5'3[, - S-s- 072.0 REAL ESTATE PURCHASE AND SALE AGREEMENT -4- REPSA2~AGT - Agreement:. Forln~ - 12/29/95 - . ******* A true copy of the-fDregoing agreement s~1:ed by Sellers is hereby received on r/.1J. I~' IAN SIEVERS Bremerton City Attorney\ Agent for Purchaser ~ REAL ESTATE PURCHASE AND SALE AGREEMENT -5- fiEPSA2,AGT - Agreement Forms - 12/29/95 l..~.', ,-'