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HomeMy WebLinkAbout3033269 .., ~ .. ORIGINAL " .. -.. ~ Filed for Record at Request of: When Recorded Return to: .- ". --, Name Bremerton City Clerk II "" II ""1111 1111 " 3033269 Page: 1 of 2 Address 239 Fourth street gS/gS/97 g9: 19A: , BREMERTON CITY OF DEED $S_,gg Kitsap COI WA Bremerton. Washington 98337 4319 & 4311 -En Street - F. Square Document Title: Amended statutory Warranty Deed Reference NUmber of Document Assigned or Released: ~ ~ Ref. No. of Document Amended - AF#: 9612200061 'Re- e.t.Q)V" · Grantor's Name: Felton Square C".xCiSL . <::::j~ Grantee's Name: City of Bremerton ~d l~f~/q~ Abbreviated Legal Description: PI: L8, B25, BREM RTON HEIGHTS; PII: L4, AND W1/2 OF L5, EXC. N 10 FT. TOF, B25, BREMERTON HEIGHTS; PIlI: L25, B25, B. HEIGHTS. (Additional legal on page 1 of document) Assessor's Property Tax Parcel/Account Number: PARCEL I: 4502-025- 008-0004; PARCEL II: 4502-025-004-0008; PARCEL III: 4502-025-025- 0003. AMENDED STATUTORY WARRANTY DEED (For Use in the State of Washington Only) THE GRANTOR, FELTON SQUARE, as his separate property, 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 TAX EXEMPT AUG 6 1997 PARCEL I: LOT 8, BLOCK 25, BREMERTON HEIGHTS, ACCORDING TO THE PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE 41, RECORDS OF KIT SAP COUNTY, WASHINGTON; EXCEPT THE NORTH 10 FEET THEREOF. AMENDED STATUTORY WARRANTY DEED -1- SQUARE2,SWD - West Hills Closings - 7/1/97 . ' i- Ci '- ' ,,/ .< " PARCEL II: LOT 4 AND THE WEST ONE-HALF OF LOT 5, EXCEPT THE NORTH 10 FEET THEREOF, BLOCK 25, BREMERTON HEIGHTS, ACCORDING TO THE PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE 41, RECORDS OF KITSAP COUNTY, WASHINGTON. PARCEL III: LOT 25, BLOCK 25, BREMERTON HEIGHTS, ACCORDING TO THE PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE 41, RECORDS OF KITSAP COUNTY, WASHINGTON; EXCEPT THE SOUTH 10 FEET THEREOF; EXCEPT MOBILE HOME LOCATED ON SAID LAND. DATED this ~ day of .1 \-\. l j , 1997. DAV~~~ Attorney-in-Fact for FELTON SQUARE, as evidenced by that Power of Attorney, dated Ma y 14" 1992, recorded under Auditor's File No. 9611220219. STATE OF WASHINGTON) : SSe COUNTY OF KIT SAP ) On this date, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared DAVID C. JOHNSON, Attorney in fact for FELTON SQUARE, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. r~ day of hand and official seal this ~ ~otary Public in and for ~ S~1 Washington, residing at O~ . My appointment expires: ~ ~~29~ . DEED -2- 11~f~I c~l~IJIII '11~trl 111111111111111 JII 3033269 Page: 2 of 2 gS/gS/9? g9 ; 19A Kitsap Co, WA ..' ... e e ,- ,- " SELLER'S CLOSING STATEMENT 4319 liE" STREET; 4311 liE" STREET; AND 4304 liD" STREET, BREMERTON, WASHINGTON ....J SELLER: FELTON SQUARE <( Z PURCHASER: CITY OF BREMERTON - W LEGAL DESCRIPTION: - m::: PARCEL I: 0 LOT 8, BLOCK 25, BREMERTON HEIGHTS, ACCORDING TO THE PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE 41, RECORDS OF KITSAP COUNTY, WASHINGTON; EXCEPT THE NORTH 10 FEET THEREOF. PARCEL II: LOT 4 AND THE WEST ONE-HALF OF LOT 5, EXCEPT THE NORTH 10 FEET THEREOF, BLOCK 25, BREMERTON HEIGHTS, ACCORDING TO THE PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE 41, RECORDS OF KITSAP COUNTY, WASHINGTON. PARCEL III: LOT 25, BLOCK 25, BREMERTON HEIGHTS, ACCORDING TO THE PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE 41, RECORDS OF KITSAP COUNTY, WASHINGTON; EXCEPT THE SOUTH 10 FEET THEREOF; EXCEPT MOBILE HOME LOCATED ON SAID LAND. AMOUNTS DUE/PAID SELLER Total Purchase Price $111,500.00 Less Advancement for Moving Expenses paid by Purchaser on 10/25/96 (1,000.00) Cash payment payable to Seller at Closing $110,500.00 REDUCED BY Sellers' Closing Costs: Payment of fees and costs owing to Shiers, Chrey, Cox, Caulkins & DiGiovanni pursuant to that Deed of Trust dated 8/14/96 (See SELLERS' CLOSING STATEMENT - 1 SQUARE,SCS - West Hills Closings - 11/25/96 \ . . e It Exhibi t "A" attached hereto $4,452.94 Reconveyance Fee for reconveyance of Deed of Trust dated 8/14/96 held by Shiers, Chrey, Cox, Caulkins & DiGiovanni (Land Title Company of Kitsap County, Trustee) 50.00 Delinquent property taxes, together with interest and penalties, owing for 1995 tax year - amounts shown are amounts owing as of 11/27/96 - quoted by Kathy Thompson of the Kitsap County Treasurer's Office as follows: (4319 liE" st.) $320.64 (4311 liE" st.) $415.15 ( 4 3 04 liD" st.) S168.65 Total 1995 Property Tax (Kitsap County Treasurer) 904.44 Delinquent property taxes, together with interest and penalties, owing for 1996 tax year - amounts shown are amounts owing as of 11/27/96 - quoted by Kathy Thompson of the Kitsap County Treasurer's Office as follows: (4319 liE" st.) $266.20 (4311 liE" st.) $360.40 (4304 liD" st.) S114.73 Total 1996 Property Tax (Kitsap County Treasurer) 741. 33 Total Seller's Closing Costs $6,148.71 ( 6.148.71) TOTAL CASH PROCEEDS PAYABLE TO SELLER AT CLOSING $104.351. 29 NOTE: It is understood and agreed by all parties hereto that real property taxes for the 1995 and 1996 tax SELLERS' CLOSING STATEMENT - 2 SQUARE,SCS - West Hills Closings - 11/25/96 . . e e ," years are being paid out of closing and, after closing, property taxes will become exempt. It is further understood that this closing statement is subject to audit and should there be any errors or omissions, they are to be corrected. Further, if any legitimate monetary error is discovered, it is to be assessed and immediately collected from the party or parties liable therefor. ACCEPTED AND APPROVED this ~~ day of ~Ve.M.1o -er , 1996. DAVIll~~ Attorney-in-Fact for FELTON SQUARE, as Evidenced by that Power of Attorney, dated May 14, 1992, recorded under Auditor's File . No. 9611220219 SELLERS' CLOSING STATEMENT - 3 SQUARE.SCS - West Hills Closings - 11/25/96 , -' ~ - ~ -- > tit ' .' . . . SIDERS ~~ij~~1J ~@o OO~ DlJ CHREY COX CAULKINS & ATTORNEYS AT LAW DIGIOV ANN!, LLP 600 K1TSAP STREET, SUITE 202, PORT ORCflARD, WA 98366 (360) 876-4455 FAX (360) 876-0169 FACSIMILE COVER SHEET Date: November 19 L 996 l To: Jackie 1 From: Kim D z..:ol 1<- FAX: 360-478-5161 Re: Scmare Our File No: 24060-9 . Total number of pagbs No (including this she, t) : 1 Also mailed? COMMENTS: The totl amount of fees and costs that Felton Square owes to SHIERS, CHR Y, cox, CAULKINS & DIGIOVANNI LLP is: $4,452.94 / If you have any qu stions, please call Kim at (360) ,876-4455. ......................~.................................................:..... NOT~CK: The info~t on contained in this message is intended only for the Addressee or Addressee s authorized agent. The message may contain information th.t i. ~rivileg.d. C~fideftti'" or othe~i.. OKempt from disclosure. 1< tho reader of this message is not the intended recipient or recipient's authori~ed agent, then you are no ified that any dissemination, distribution or copying of this message is prohib ted. If you h~ve received thi~ massage in error, p~..s. ~otify the se~der by 1~lePhone and .etv~n the original and any copies of the message by mail to the sender at the address stated abov~. *******._....******._. **~w......***..******......*.*******..**.************** FRANK SHIERS lFFREY COX TKACYE. DIGIOVANNI ERIC J. JORGENSEN ,GARY T. CHREY SUiN L. CAULKINS KIM D. ZAK . e e . . < PURCHASER'S CLOSING STATEMENT 4319 "E" STREET; 4311 "E" STREET; AND --J 4304 "D" STREET, BREMERTON, WASHINGTON <::[" SELLER: FELTON SQUARE .. :z PURCHASER: CITY OF BREMERTON - (!) LEGAL DESCRIPTION: - 0::: PARCEL I: 0 LOT 8, BLOCK 25, BREMERTON HEIGHTS, ACCORDING TO THE PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE 41, RECORDS OF KITSAP COUNTY, WASHINGTON; EXCEPT THE NORTH 10 FEET THEREOF. PARCEL II: LOT 4 AND THE WEST ONE-HALF OF LOT 5, EXCEPT THE NORTH 10 FEET THEREOF, BLOCK 25, BREMERTON HEIGHTS, ACCORDING TO THE PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE 41, RECORDS OF KITSAP COUNTY, WASHINGTON. PARCEL III: LOT 25, BLOCK 25, BREMERTON HEIGHTS, ACCORDING TO THE PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE 41, RECORDS OF KITSAP COUNTY, WASHINGTON; EXCEPT THE SOUTH 10 FEET THEREOF; EXCEPT MOBILE HOME LOCATED ON SAID LAND. AMOUNTS DUE/PAID SELLER Total Purchase Price $111,500.00 Less Advancement for Moving Expenses paid by Purchaser on 10/25/96 (1.000.00) Cash payment payable to Seller at Closing $110,500.00 ADD Purchaser's Closing Costs to Cash Payment Payable at Closing: Title Insurance Premium (Land Title Insurance Company) $405.38 PURCHASER'S CLOSING STATEMENT - 1 SQUARE,PCS - West Hills Closings - 11/25/96 ,.' e. e ~ . Excise Tax Affidavit processing fees (Kitsap County Treasurer) 4.00 Recording Fee for statutory Warranty Deed (Kitsap County Auditor) 9.00 Mobile Home Title Transfer Fee for Vehicle Title Application (Department of Motor Vehicles) 19.25 Total Purchaser's Closing Costs $437.63 437.63 TOTAL CASH REQUIRED FROM PURCHASER TO CLOSE $110,937.63 NOTE: It is understood and agreed by all parties hereto that real property taxes for the 1995 and 1996 tax years are being paid out of closing and, after closing, property taxes will become exempt. It is further understood that this closing statement is subject to audit and should there be any errors or omissions, they are to be corrected. Further, if any legitimate monetary error is discovered, it is to be assessed and immediately collected from the party or parties liable therefor. It( ACCEPTED AND APPROVED this ! 7 U-- day of TV <- , 1996. r:r , , IAN R. SIEVERS Bremerton City Attorney PURCHASER'S CLOSING STATEMENT - 2 SQUARE,PCS - West Hills Closings - 11/25/96 ;' , ,~ ;;...... ,...t-', , co. , . ,-- ", !,' NO. qo c;;.:d- KITSAP COUNTY tU TSAP COUNTY . TRANSACTION EXCISE TAX $9.00 CHef( PAID DEe 2 0 1996 FILEDM"BY~ CITY OF BREMERTON DEe 20, 1990j 11:05 AM AMOU~ I\AREN FLYNN, AUDiTOR CLERK: LH05FORO ~~UNT " -I<\SU ER A...F",,#: 961.22000611. REEL. 0939 FR 091.0 Filed for Record at Request of: When Recorded Return to: Name Bremerton city Clerk Address 239 Fourth street Bremerton, Washington 98337 4319 & 4311 "E" Street and 4304 "0" Street - Square STATUTORY WARRANTY DEED (For Use in the state of Washington Only) THE GRANTOR, FELTON SQUARE, as his separate property, 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: PARCEL I: LOT 8, BLOCK 25, BREMERTON HEIGHTS, ACCORDING TO THE PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE 41,' RECORDS OF KITSAP COUNTY, WASHINGTON; EXCEPT THE NORTH 10 FEET THEREOF. PARCEL II: LOT 4 AND THE WEST ONE-HALF OF LOT 5, EXCEPT THE NORTH 10 FEET THEREOF, BLOCK 25, BREMERTON HEIGHTS, ACCORDING TO THE PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE 41, RECORDS OF KITSAP COUNTY, WASHINGTON. STATUTORY WARRANTY DEED -1- SQUARE.SWD - West Hills Closings - 11/19/96 . ,~ ........,.. .. , .' PARCEL III: LOT 25, BLOCK 25, BREMERTON HEIGHTS, ACCORDING TO THE PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE 41, RECORDS OF KITSAP COUNTY, WASHINGTON; EXCEPT THE SOUTH 10 FEET THEREOF; EXCEPT MOBILE HOME LOCATED ON SAID LAND. DATED this :LCo day of .t-..J 0 V eM. \.0 e.r , 1996. j)~~~ DAVID JOHN SO -Attorney-in-Fact for FELTON SQUARE, as evidenced by that Power of Attorney, dated May 14, 1992, recorded under Auditor's File No. 9611220219. 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 DAVID JOHNSON, Attorney in fact for FELTON SQUARE, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. jJW GI};t under my hand and official seal this 2&#:1 day of C ern c , 1996. , ~,_m"""", V1~!i~~::!L state of ~'ON~ ~ ........ I......."OTA~~\~ Washington, residing at /f--t!il2-.. . . My appointment expires: jq:;. . = . . ==: 8I2SI97 : a ~ : ::; . . ~~....':IJBL\~fI ~~ci..."a A.F....#: 9612200061- ~~ 'FW~ *"1111I111\\\\\\\\1 REEL 0939 FR 091.1- STATUTORY WARRANTY DEED -2- SQUARE,SWD - West Hills Closings - 11/19/96 I ,. 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 II Purchaserll) 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 SEE BELOW , and legally described as follows: 4319 IIEII STREET, BREMERTON, WASHINGTON 4311 "Ell STREET, BREMERTON, WASHINGTON 4304 liD II STREET, BREMERTON, WASHINGTON SEE ATTACHED APPENDIX "A" FOR LEGAL DESCRIPTIONS 1. PURCHASE PRICE: The total purchase price is ONE HUNDRED. ELEVEN THOUSAND. FIVE HUNDRED Dollars ($111. 500 . 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 REAL ESTATE PURCHASE AND SALE AGREEMENT -1- REPSA2.AGT - Agreement Forms - 6/3/96 encumbrances or defects noted in paragraph ~o.rbove. 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: of 4319 "E" Street and 4304 "n" Street i:i17 Sellers shall deliver possessionAto Purchaser on closing. ,~' ~-A 60 days after closing~ Sellers agree to pay Purchaser the sum ~~ of $ 6.66 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 Z agent. Said payment shall be the sole responsibility of Sellers. . , * for 4311 "E" Street. 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 0' clock midnight on October 10, 1996 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 showing title insurable, as above provided, but REAL ESTATE PURCHASE AND SALE AGREEMENT -2- REPSA2.AGT - Agreement Forms - 6/3/96 . . in ant event not later than the 18th day of November , 19 9 ,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 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 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. REAL ESTATE PURCHASE AND SALE AGREEMENT -3- REPSA2.AGT - Agreement Forms - 6/3/96 . 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 BREME~N \0 - U_c,<o BY: ~ /J,-I- Date LY HORTON, Mayor PURCHASER of Public Works & Utilities 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 ******* October 7, 1996 I 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 par of the Sellers. SQUARE Sellers' Address: 4311 "E" Street Bremerton, WA 98312 Seller's Phone: (360) 792-3394 REAL ESTATE PURCHASE AND SALE AGREEMENT -4- REPSA2.AGT - Agreement Forms - 6/3/96 , . . ******* A true copy of the ed by Sellers is hereby received on IAN R. SIEVERS Bremerton City Attorney\ Agent for Purchaser RECEIVED FOR FILING: ~ KATHLE~~. CITY CLERK REAL ESTATE PURCHASE AND SALE AGREEMENT -5- RBPSA2.AGT - Agreement Forma - 6/3/96 . . " , APPENDIX "A" TO S~E AND PURCHASE AGREEMENT BETWEEN FELTON SQUARE & THE CITY OF BREMERTON FOR BELOW PROPERTIES: TAX ID NUMBER: 4502-025-008-0004 BREMERTON HEIGHTS BLK-025 LOT 8 EX N 10FT TAX ID NUMBER: 4502-025-004-0008 BREMERTON HEIGHTS BLK-025 LOT-004 D-OO LOT 4 EXC N 10FT & W 1/2 OF LOT 5 TAX ID NUMBER: 4502-025-025-0003 BREMERTON HEIGHTS BLK 025 LOT 25 EX S 10FT