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HomeMy WebLinkAbout9603010179 Filed for Record at Request of: When Recorded Return to: Name Bremerton city Clerk Address 239 Fourth street Bremerton, Washinqton 98337 4315 "E" Street - Blackorby STATUTORY WARRANTY DEED (For Use in the state of Washington only) THE GRANTOR, LYNNE S. BLACKORBY, dealing with her 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: THE EAST HALF OF LOT 5, AND ALL OF LOT 6, BLOCK 25, BREMERTON HEIGHTS, ACCORDING TO PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE 41, RECORDS OF KITSAP COUNTY, WASHINGTON; EXCEPT THE NORTH 10 FEET THEREOF. DATED this 23 day of ~e--J> )k ~r &1 , 1996. / ,/)J / - ~~A(L~ ~4 LYNNE ' . BLACKORBY _ STATE OF WASHINGTON) : SSe 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 LYNNE S. BLACKORBY, 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. " .,} ~ . . . .-:1:2/'\ C of> ~4- Gij:VEN ,under my hand and off lclal seal thls 0')---.) daX,."9.r'nqH',,, -'L-LYl "U Q...-lLlA/' _, 1996. ,:" ~1\i H ;}f!" t., 1\ (;/' \.. ~:' .,"",,. '-- '" '..', U \ C' ,~ 1\ <~ ct. .-- (' (; .. .. -:/ '/, _._. .< . 1 ~ '-JI f ....:. "'.... ..... 1,;, .... ,~.. \...... N taryo Public in nd for th~~ ~t;'~':tg>;C1t;, 9,~ ~,d'~ W\ shinqton, residing at Port=- -Grc;har'lI-- '''.I., :~;; ~ My appointment expires: 10/2U9'g".;;;Jti .:-.'/. 'j . ,t., i ., ~ ,\. ~\;,~l'/' STATUTORY WARRANTY DEED', i :,\'.1 BLACKORBY.SWD. West Hills Closings - 2/15/96 - '"",., -' NO. 1359 llTrCf.p Cr.11t.'TV KITSAP COUNlY 7 f\.....,fi .......,L; r' 'rit $,.00 ....n.." , TRANSACTION EXCIse TAX FILED-BY: CITY OF BREr1ERTON I'1AR 1, 1996, 12:52 PM PAID MAR 1 1996 L{t.~E~J FLVi;jI~-J" t.!lDTTn~ 0' lu:nJ'li i:"'''Oru,..J.,l..,'O <tJ / ,- CLI="Mlt. BE'J"'~'I'" AMOUNT \I.f g-D ..J'{r\. '.. nlll;:! CO~~~~R A=F=#: 9b03010~79 BY -, " REEL 0899 FR 1760 ~\ ; ( , .'..;.", ft!.<'r1,-4.t ," . -' ,. \:', 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 "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 4315 II E" STREET, BREMERTON, WASHINGTON , and legally described qS follows: SEE ATTACHMENT n A" 1. PURCHASE PRICE: The total purchase price is FORTY-FIVE THOUSAND Dollars ($45.000.00). 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 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 REAL ESTATE PURCHASE AND SALE AGREEMENT -1- REPSA.AGT - Agreement Fol'lllS - 3/15/95,' r ' y , " I. .\ 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 conditions 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 the~eon ' the exception of the followl.ng, to-Wl.t: N~;<IS /.s:~ j6 ..f~ 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~ in aJ;ly. event not -~:eeF-~an the /.::.!"day of ,T/''1/V?/ /'j/C,r"''/:' ,~ 19 9?9 ,.-.U:pon~1{f -.-dat'P the agrQQmpnt- ~hrlll termina~c. he / Purchaser and Sellers shall deposit with the Bremerton City ~~ REAL ESTATE PURCHASE AND SALE AGREEMENT -2- REPSA.AGT - Agreement Forms - 3/15/95 ~ "t I Ii- 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, 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 prorated as of closing. Any assessments shall be paid by the respective Sellers. 12. 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 covering, 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, awnings, ventilating, cooling and heating systems including build 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. ATTORNEY'S 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 attorney's 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 AND SALE AGREEMENT -3- REPSA.AGT - Agreelent FoIlS - 3/15/95 , .. 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 BREMJRTON t- (.\-- q b BY: ~ .il. iL Date LY N HORTON, Mayor PURCHASER DEPART~TA W. EUGENE irector of Public Works & utilities Attorney Purchaser's Address: Bremerton City Hall Attention: Kathleen L. McCluskey, Clerk 239 Fourth Street Bremerton, WA 98337 Purchaser's Phone: (360) 478-5290 ******* On this date I 2../-z/ /9 ('" I 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. .~5&~~ ,f/ Sellers' Address: ,/?2& e~~ ]x -=---.L W~f/$, I 0/<2- ~g<;/;' Sellers' Phone: ~ _ 9Z3 ~rDC;/ 7 REAL ESTATE PURCHASE AND SALE AGREEMENT -4- REPSA.AGT - Agreement Forms - 3/15/95 ,J... ... ******* A true copy of th agreement Signe~~y Sellers is hereby received on , 19 , . RECEIVED FOR FILING: ~~~ KATHLEEN L. McCLUSKE , CITY CLERK REAL ESTATE PURCHASE AND SALE AGREEMENT -5- REPSA.AGT - Agreement Forms - 3/15/95 . ...~... ':'>':~';,l., ATTACHMENT A TO REAL ESTATE PROPERTY PURCHASE AGREEMENT MADE TO MR. DENNIS A. MCKAY, JR. OF BREMERTON, WASHINGTON LEGAL DESCRIPTION OF PARCEL OWNED BY DENNIS A. MCKAY, JR., AT 4315 "E" STREET, BREMERTON, WA TAX ID NUMBER: 4502-025-005-0007 BREMERTON HEIGHTS THE EAST HALF OF LOT 5 AND ALL OF LOT 6, BLOCK 25, BREMERTON HEIGHTS, ACCORDING TO PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE 41, KITSAP COUNTY , WSHINGTON; EXCEPT THE NORTH 10 FEET THEREOF