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HomeMy WebLinkAbout9602220022 ',? ORIGiNAL Filed for Record at Request of: Address 239 Fourth street KITSAP COUNTY $8.00 CHCK FILED-BY: CITY OF BREMERTON fEB 22, 19969 9:2.9 AM KAREN FLYNN, AUDITOR CLERK: BEVANS A=F=fi: 9602220022 ~EEL 0897 FR 2955 When Recorded Return to: Name Bremerton City Clerk Bremerton. Washington 98337 4312 .C. Street -Battle STATUTORY WARRANTY DEED (For Use in the state of Washington Only) THE GRANTORS, JAMES E. BATTLE and CHIN TING BATTLE, husband and wife, 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: LOT(S) 29 AND 30, BLOCK 28, BREMERTON HEIGHTS, ACCORDING TO THE PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE(S) 41, RECORDS OF KITSAP COUNTY, WASHINGTON. DATED this ff day of FeG. , 1996. ~~~ CHIN T~TLE . STATE OF WASHINGTON) SSe COUNTY OF KITSAP On and for \\ this date, before me, the undersigned, a Notary Public in the State of Washington, duly commissioned and sworn, NO lOb'7 KITSAP COUNTY STATUTORY WARRANTY DEED -1- TRANSACTION EXC1S~ TAX BA TTLE.SWD - West Hills 'Closings - 2/1196 PAID FEB 22 1998 ~~/Ia,ao ~ UN" ~~eR '" personally appeared JAMES E. BATTLE and CHIN TING BATTLE, husband and wife, to me known to be the individuals described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. this pf- _ "a;;~;;;:i}'~'.':;;. . .;.~~,{,;..-:o::' _ ~,:;~....<', '. " ...,5ll.1~,' , .- .~~:: f "'! ~~ .. ~,~~_1 ~~, ~ t ~ or the<:S:t:~r~"'e;fi-.,,:T - f . hinqton, residing at Brem~f::;e;;:m~;~,~~~-;:~~.';~-::'j appointment expires: 02 / 2--ahfi).7...:....::..0.f~~~~,...~;;- //';1;//.,1 :b !:1 j :\:s'" 111I1.l\~\I"\ AmFo*= 9602220022 REEL ~897 FR 2956 STATUTORY WARRANTY DEED -2- BATTLE.SWD - West Hills Closings - 2/1196 ~ SAFECO ~j v....... 1'\" I ::)\..,,'1} ( ( t:.-W\LO .-L CQeYc~QBCT. mado and on.o,ed /n.o .hi. VOURJ,MEORMAirlt).NLATHROP, an unmarried man, .. . : , } n", i .~ hr'e.nA'I" (".alled tht ..nU.'.... and J Ar,.ES, E. 4th' day 01 April 198.5 BATTLE and CHIN TING BATTLE, husband & .....ife. he'finafltf (.lIfd the "purchau,:. WITNESSETH: That the sellf' agree' 10 sell 10 Ihl purchaser .nd ,hi purchaser 89fU" 10 purchln from the sell!!'r lh. following des-rihed co - ,nl ul.tle. with I~ 3PO\J,lfnancu. in KI'l'SAP County. Sl"ll! of Washinglon: o o on ~ ~ o In co Lots 29 and JO. Block 28. Bremerton Heights, as per plat recorded in Volume J of Plats, page 41. records of Kitsap County, Otnerwise known as 4J12 .C" St.. Bremerton l-. WA 98J12. FILED FOR nECORU REQ. OF l];HO llTlE 'r.OMPAtlY APR ~fi 1985 AM 8;00 SHl::RRIL HUFF . . I' fiT KIT,~P r.PUNTY AUDITOR The 1rrms Jnd COndlltonS 0 thll contract are II olows: he P\JfcfU'sltTY kill Ti'lENT'f S IX THOUSAND and No/lOa . D~PU. . . . . . . . ($26.000.00) 0011''',01 whkh FIVE HUtlDHEtJ NINETY THREE and NO/lOa . . . . . . . 1$ <;9J.00 b~en paid. the receiol whereof is hereby adcnowfedoecf. and the b.'enc. of ~ purchlls, pric. thall be natd IS forrows: ) Dollarl have TWO HUNDRED ELEVEN and 7J/IOO 4th and T'..i(J HUNDRED ELEVEN and 7J/lOO or more al purchase'., oruion. on Of before the 4 t h day of each 'tlccteding c.l~ar month until.he halanc! of said purchau ,.,rice shall have bHn fully paid. The purchaser furth., .ore" to pay interet' on the diminishing b"ancIP 0' said purchan!' price If the " . 1$ 211. 7J ) Ooll.u,. Of' mort al purchanr's Option. on or belor. the day or June 19 85 . 1$ 211. 7J ) DoII.rs. 'alo 01 TEll (10%) po, coni p., annum ',om the 4 th day 01 May . 19 85 . which intereu shalf ~ dfducled f,om tadl installment payment and the ~Ience 0' eKh payment .ppli~ in reduction of vrincipAlf. Allpaymonu.obfmadoh...u.do"h.llb."",rl... P.O. Box 1046, Bremerton, WA 98JIO or at such 0.11., piKe as the Klier may dirK't in writing. THE BALANCE OF THE PURCHASE PRICE SHALL BE PAID IN FULL ON OR BEFORE April 4. 1995. Purchaser agr~es to remit to Seller with each payment made hereunder, additional funds in an amount equal to at least 1/12 of the annual real estate taxes, so long as Seller shall so elect, and Seller cover.ants to pay from such funds those obligations of the Purchaser ..men due. A, ,.Io".rl'o in .hi, con"oo.. "da.o 01 clo.ing" <hall b. _ 4 A or il 1 ~ 'fl Tht OUtch.Her a~1umt' end '9't~S to pay belor. delinQUency ,II 'exl!S and auenmtnll thlt may n berw~n ~ltnlOr Ind Jf'4'f\'e~ htrea"!!" tlf'Comr. litn on s.Jid ful fSUII,; and if by the terms of this contract the purchaser has .,wmed paymenl of any mortg.~. contract or other encumbrance. or h,. anumrd payment of or agr~ to purch.,e subitc. 10. anv t,.tS or .nenments now I litm on satd ttal estelt. the Ot.lf(''''''tr "9'ttS to pay the sa~ before delinquency. L I The purcha~~ agrets. until the purchau price is fully paid, 10 keep the buildings now and hfttahl!1' placKt on U1id ,tat e".te inru,~d to ,h~ ':ct\lal cad\ value thtrto' against 1011 or damage by both fire .nd windstorm in a company kCfPlahl. to the stlltt and for lhe telle,', bt'nefil. .u his inlerest m,v ",pe,r. Ctnd 10 pay ~II premiums therelor and 10 deliver.1I policies and renewals Ihe<J~' to the seller. CJl Tht purchaser '9"tn that full insneclion of said realeslare hIS Ix." m~e and Ihat neither the self" nOf' hiS a"iqns sh:tll be hf!lrllo any coyen,,"t rup~tin9 Ihe condilion 0' any improvemenls thereon nOf shall the purchaser 0' seller or the ani9"s 0' ..'h~ be held 10 any coven.lnt or agrl!e",ent for .lIer"lion,. ;morovemenlS or repai,s unless the COYen.nl or agreement relied on is contained herein or is in Wt"iting and attached 10 ,nd made a (litrt Ollhis contract. 141 Th~ fl\Hchasrr "stlme' ,II h,lIrds 0' dartla~ to or deUruclion of .nv improvr.rnenlt now on said realeslate or h'!'reaher pl.:tced thereon. anl'i o' the I~kinq of said rul nlAIl!! or any pArt thereof for public use; and '9rees thai no such damage. destruction or IAkillq shell constitute II failure 01 conSideration. In c..-se any part 0' said rnl e~late is laken lor D1Jblic USI'!. Ihe porlion 01 the condemna'ion awarrf remaining after .,rtyr'f1l!,nt of te:l,onahle ellloensu of procuring Ihe same shall be naid 10 the seller and appli..-d en paymeonl on Iht! purc"~se priCI! herein unJI!'U Ihe s~Il,!,I l!1~C" 10 allow Ihe purchas'!'t 10 itpn1y all 01 . ponion of such conc1emnalion awitrd 10 the rebuilding or r"lor,'ion of llIIny tmprOVl!!'me'nl'J, dam,,~r1 hy S\,('"h lol"''"9 In c.,e Of damage or deslruction from a peril inSUled 8gainst. Ih.. flfOCrttis 0' 'l,eh in"Vrance lemaininq .f1~r paymenl <,I Ihe r~:'I(n'''''N'!' ""n~nse of rHocllllOg the same shall be Ifevol~d 10 'he restoration or rehuilding 01 ruch in'provemenU wilhin II 'e~onable lime. unl~", Itllrchrtser f'lecl" Ih,l ,aid proceed, shall be peid 10 Ihe seller for .nnlication on Iht J')Ufchase pr;ce here',". 15) Thl!' 's~II"r hiS ~"ver'!'d. 01 rtgtees 10 deliver 'Nilhin JQjaYI 01 Ihe dart of closing. . purch."e,'s policy of title in"ur~nc~ in Uano",,' 10""'. or , c')nunllmf'nl Ih"f'Ior. Issued by Tille Insurance COmllany. insuring thll! putchastr 10 the fult amounl 01 ,aid pl'lrch:ls~ ptiel! .;t9.,i"" 10"\ 01 damage by lu\on of c1e'ecl in sell~'llill. 10 said ruf estate" 01 Ihe dll' 01 closing and conl.ini"9 no excePtions other th." Ihe followln9 .1 P'lofec' ~ntrrtl f'lICenlions ~flPt8,ing in said policv form; h llel1, or eonrum"rJnCl!!1 which by the 'trms a. this contu<:' 'he pUlchMer is to assume. 0' IS 10 which Ihe conveyance hereunder i,lo he n1ad~ .."hIe!'; I: ~nd C, An,. r....,ling ronlrKI or con1rlle" under which 1eollf!r is purr:hl\tnq ,,.irl ".", e"~I". end .ny mO,I9l"<J"!' 1')" Olhe'r ohllgalion, yyh'ch nll.r by rhi.. (",.,n".'k:t ~9'~f!' 10 n~v. "one 01 ,...,h.ch for Ih", p'Hp01e 0' 1hi, p,'r~Qr"f'h 151 '\hnll be r1rt'm~tJ d..lecH in "II.,'. tillt. 'r,' I' .1...... ...1., 0.. ..:.1 0__' ..._0...... . , q- "''', - - - - '-.. _.u ---_______.__ ___.___._ _..... _ deed to uid Ic."\l fil.1tf. ,.<epllog .Jny p.,1 ,herco' h~lr.al1ef tJlktn. 10.' Duhlic- use, hee 0' Incumbrances IxCept any Ihat mav BIUch a'ltr d"f.... <IO""g IhrOUgll ~ny )JeHUI1 Olher Ih.ln Ihe tiller. and lubjKI 10 I~' '>Wtng: , Easements. coven".. '5, restrictions and reservations of public record. 181 Unl.". diff.r,nt dall ... providtd for herein, thl purcha'I' shall tH Intilled 10 possession of uid ,.a'"1I11 on date of (10"119 .nrl 10 "".n polnssion so long as purchase, is nof in default hereunder. The pt.JrchlS~r covenants to kup the huild'ngs ,nd olher m'I"Ovell1tnIS un said lUll Ula'l in good repair and n01 10 pCfmil waUl .nd nol 10 US8. or permit the us. of. th. lnl filAr, 'Of any illegallJUfpow 1 he pHfLh,ner COvrnanll to Plv aU U1rviu. installation or conuruction chargel 'or wolter. H'h'er. eleclricHy, OCIrbagtl or olher utility servIces Il.Jtn'shed 10 ~Id real 'Sl'tt .her the cUt. putcha-ser is IInlltled 10 pouession. 191 In c.se Ih. purchaser fails to m.ke .ny p.yment her.in provided or 10 m.int~in imur.nce, "herein reQuired, the seller may make sll~h payment or .lfecl such insurance, oIOd .ny amounts so p,id by the seller. tooether with inlereu .1 the rate of 10~ per .nnum Ihereon 1t0lO dd't of payment until repaid. sh.1I be r~payabl. by purch.ser on selll"s demolOO. ,II without prejudice 10 Iny other right the s~lIer "light have hy reason 01 such def,JUlr. (101 Time is of the fSSlOC. 01 Ihi. COntracl. and II is agreed Iha. In c.se Ihe purch.ser shall I.ilta comply Wtlh or perfor", any cOflt'llIon at a9f'eemenl henof or to malt, any payment required her.uncier protnplly .. the tifT'll and in the manner herein re~U1red, Ihe seller mav elect 10 deda.. all Ihe purch~se"s righls hereuncier termin'led. and upon his uoing so, .11 payments made by Ihe purch,uer hereunder and ,)11 improvemenu placed upon Ihe rul esrate shall be forfeited 10 .he seller M liqlJidilled damages, and Ihe seller shilll have fight 10 re-!'Iller and t,ake PQssusion of th, rul f1111t; and no w.a;vtr by the seiter of any eMf,ull on the p.rl of the purch",er sholll be construed as,) '....,lIIver of ,)oy subsequent delault. Service upon DUtCh.ur 0' all dltmlnds, nOlice1 or othltr papltrs with respect to forfeiture and lermination of purch",e,'s righlS may he made by Unil!'d Slales Mail. POttage pre-paid. rei urn receipt requn!ed. ~jre~led .to the purchaser to his address IlSl known 10 the seller (1 n Upon seHer's elKtion to txing suit '0 Inforce any coven.nt of .his cOOlract, including suit 10 collect any p~ymenl tequored hereunder. Ihe purcha~e' agrus to p.ily . rusonable sum IS aerorney'. le81 and III COSII and expenses ;n connechon With such soil, which sums shalllJe included in any judgmlnt or de-cree ,nlered in such suil. tI Ihe seller shall "bring suil to procure .an Idjudica.ion of Ihe termination of Ihe purcheser's righu hereunder. and judgment IS so enlererl. the purchaser a9'~ 10 piiy a renon.ble sum as .noro.av's fee1 and all costs and 'lil:penses in connection Wl1h such suit, and .Iso Ihe rusonahle cost of searching rKOtd, 10 determine Ihe" condition of litlt II the dal' such suil i1 commenced. whiCh sums shall be included in any ;udglnenl ordecr~entfledinsuchsuil. ;-- . .',~ -j" In. - :~,: . I ..... .1..... . IN WITNESS WHEREOF. Ih, p.lrliu herelo h~. eKecul~d this h;slru'ment IS of the dale f~rSI written abov.. I' . . .. (~~cL.____ 8~-{yE.......- ~ ID--..~.'" . t...::JO- .. - - - ri --- .. - _ _ ISEALI ISE All ISE A l! County of KITSAP } IS. ; , ST A TE OF WASHINGTON" , . I.:. ~ ISEAl! On this day personally appelltd be'on me ALLEN.E. LATHROP '0 m. known 10 be the individual describflf in .nd who eKKuted Ih. whhin and loreqoing inslrumenl, and acknowledged Ihal he sIgned the sam. It his Iree and voluntary OKI ,nd deed. for the uses II'ld purpons therein mentioned. \. /J. - /.. p7 /VJ7S ~,--.. /'!-) ~=:::}~~ _~"--~L{~ NOlart' PubliC" ill DIIe) lor Ihe' SfJ!t' vI h'l1f/""l:lu .~ : rr",Ii"~a' _~.<._{./ GIVEN under my hand and official leal Ihis /d~'VOI q- ..., C> Poi.IOi I' @) SAFECO SAFECO TiTlE INSURANCE COMPANY THIS SPACE RESERVED FOR RECOROE R'S USE NA""E ALLEN E. LATHROP NO. /e; / ZJ. _' .- \<ITSAP CDUNt~ '.",. :rRANSACTION EX ..,I:; PAID APR 12 1~1. 5 '/2 , .~ 'AMOUNT ...3 ~ J ;L COUNTY TREASU CR BY - i'Ai- Filed for Record at Request of 8504150018 1\1\1"11 ,.,: P. (J. An x ) OJH') J <j \)~ -" ' \],- . '1 "\ :~v ~~j ~. (" April 4, 1995 ADDENDUM "A" TO REAL ESTATE CONTRACT: 4312 C. St., I:lLEP 118504150~18 REEL 337 FR 835 L~t 29 and 30~relUerton Heights as per plat recorded in volume 3 of plats, page 41 records of Kilsap County. J .KL ('.... r',.cy 1::) 0 ~a-'<::>L l) Agreemeut duted 4.ApriI1985. in which Allen B. Lutluop. seller and JuInes E. Buttle Iilld cWn. Ting Battle is buyer. 10 cousi<.leralion for One Dollor. Receipt of which acknowledged. 1bls agreement is hereby exlended len yeors 104. April 2005. IIIT5AP COUNTY $7.UO CASH FILED-BY: JAMES BATTLE SEP 18. 1995, 4:28 PH I(AREN FLYNN, AUOlTOR CLER/(: BEVANS A_ F_:lt: 9509180184. REEL 0876 FR 0657 I ) -la&'Lpc:: ~:tjff) . Seller A/{.{t1 [Lr-(L1 V\O~ ~~~ ~"'t'5 5 rt:uf''r;=--_u. () /i. 7--,/ ~--I1rI' '. /fill' /' lIt !I (;./;/ ([~ / . _ (j Buyer {. ~ (Ll If) Ihi--flc. Hf''Hre: IE: ~~ . Seller STATE OF WASHINGTON) ) COUNTY OF K' p,40) On this day personally appeared before me ALLEN E. LATHROP, to me known to be the individual descril'ed in and who executed the wI thIn and foregoing instrument, and acknowledged thut he signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. . ....:"-"""'-..:~ ~ @~ w.tnper V.ll !1.und ~Jt:~r~- ~L I 99 ..i Ir ...,...~l~ Jjt It....... " . ,.. . .. .~\ '"., 0 , ;I~/~\I;OTMY"'\:I:.~ . : .tor . ~ , ~ Pej31. \t". ..:..... ~ Iv'./' . :1 ."'<::; 14 ~".O'19_g....,c:;:,~ \. /(' ............ ~C:>,. "\~ OF \yr..c;,y..\~ \.t~~_="...._-- '7.0 und official seal this ~ day of ~---- . '" . l vJ~~ I//r ItA . NOTARY-PU13LIC, in and for the Stute of Washillgton, residing at fc{7f~ . My commission expires rJ/ll/')7- ..' ,. ....'\ l-i:ITSAP COUNTY $8. 00 .. CHCr< FILED-BY: CITY OF BREMERTON FEB 22, 1996, 9:30 AM KAREN FLYNN I AUDITOR CLERK: BEVANS A_F.#: 9602220023 REEL 0897 FR 2957 EXCISE TAX EXEMPT Q~~~~~lkN Filed for Record at Request of: When Recorded Return to: Name Bremerton city Clerk rm 22 1996 KITSAP COUNTY TREASURER Address 239 Fourth street Bremerton. Washinqton 98337 4312 "C" Street - Battle STATUTORY WARRANTY DEED (For Use in the state of Washington Only) THE GRANTOR, ALLEN E. LATHROP, an unmarried man, for and in consideration of good and valuable consideration, conveys and warrants to JAMES E. BATTLE and CHIN TING BATTLE, husband and wife, the following described real estate, situated in the County of Kitsap, State of Washington: LOT(S) 29 AND 30, BLOCK 28, BREMERTON HEIGHTS, ACCORDING TO THE PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE(S) 41, RECORDS OF KITSAP COUNTY, WASHINGTON. This deed is given in fulfillment of that certain Real Estate Contract between the parties hereto, dated April 4, 1985, and conditioned for the conveyance of the above-described property, and the covenants of warranty herein contained shall not apply to any title, interest or encumbrance arising by, through or under the purchaser in said contract, and shall not apply to any taxes, assessments or other charges levied, assessed or becoming due subsequent to the date of said contract. Real Estate Sales Tax was Recording No. 8504150018. fh DATED this I .1 day paid on this sale on April 15, 1985, <-~/ of '~'k///."<W/~x-. v {J GBL",,,J? -J ;]~Lb,(e ALLEN E. LATHROP , 1996. \\ STATUTORY WARRANTY DEED -1- BATTLE2.SWD- West Hills Closings - 2/1/96 .. , ,I 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 ALLEN E. LATHROP, 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. ~IVEN under my hand and official seal this r~~47)1 , 1996. /1..- day 0:[ !lIlo."'" /;5 X- 11I~, 'O~..~~~.:o.. <^a~. , , ~ .~.. ~' .., f :r 1/ -.01 ~R Y \:t. ~ \1- i * : ~ .. ~ ~ \ Pt18l\~1 i ~ t f. JI,r. .<O~19-~..". c;. J \, '..f/l' ~._..~\\\~ , '\\ Of 'II ~c.; __..:' \",,"',....- Q lry~U Notary -lie in and for the state of Washinqton, residing at Eort Or~hnrd_~ljT0() My appointment expires: -10/29/98 /~5'/17- A.F_#: 9602220023 REEL 0897 FR 2958 STATUTORY WARRANTY DEED -2- BATTLE2.SWD- West Hills Closings - 2/1/96 AGREEMENTS FO~~S DISK REPSA2.AGT REAL ESTATE PURCHASE AND SALE AGREEMENT Improved Property THIS CONTR~CT 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 BremertonA County of Kitsap, commonly known as 4312 "C" STREET, BREMERTON, WA 9ts312 , and legally described as follows: SEE ATTACHED EXHIBIT I'A" --- ~tl5fq, 7;: \=-oe:ry THol(SANh j)~ J;ORTY TWgLJ~.^.~1D -FoOT~ 'ilIIIWIl ({){.( -:,6 ('c/. 1. PURCHASE PRICE: The total purchase price is Dollars ($ 40,000.00 ) . 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 wi th 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 INSTWP~CE: 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- REPSA2.AGT - Agreement Forms - 3/13/95 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 reJ:Liaining 0:_1 in fuel t'.anJ<:, 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 respons,ib~li~y 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 f~llOWing, to-wit: .-WeRe. ~:::. ~~ ;( ~II Jit1r;; 8 . ~..JME 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 showing title insurable, as, above provided, but in any event not later than the ____ day of ' .19 , upon which date the agreement shall . terminate. The Purchaser and Sellers shall' deposit' 'wi.th the Bremerton city REAL ESTATE PURCHASE AND SALE AGREEMENT -2- REPSA2.AGT - Agreement Forms - 3/13/95 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 apyreal~state 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 ~specti v;e, S~ller~~J TLz1{fufs~ "PA,/ ha){' Df J'e !{~r-5 ~/Oj[no.~05f~ ~. p ~F CLOSING: .~ ~~ /t'lJYLtfb } (' 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. 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- REPSA2.AGT - Agreement Forms - 3/13/95 essence of this agreement. All subsequent modifications or waivers of any condition of this agreement shall be in writing and signed ~y the appropriate parties. \ ?~\C\lD Date . CITY OF BR~ERTON BY:~ .}. JJ... L N HORTON, Mayor PURCHASER of Public Works & utilities FORM: 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 ~.~ /qq~ ' , we hereby approve and accept the sale et forth n t e' above agreement and agree to carry out all the terms thereof on the part 0 the Sellers. --.. '<> "'11' . (I/,/~~~'- Sellers' Address: ~~. ~~X ~/P'S-- .g~/?L(!//,../&!Vj u/4.sA. tf!7:3,/2-. . Seller's Phone: (902--~9'4?tG('~me-) :3tJcLa-/~C. ~f'3-Sf-Z33f 9' #" - 7:2-1 g' r /dor~ ) . · . 5/+/d ff-Hr ;~ 5>u~-?~ ~c:u:frL<-~4tfYt~iJ1 A~If~ Ud-'f' ~tL ~tYtd~~ C/4~~/~~ . .~~~of~~~ ~-k Ci7lC!~ifr6lCGc.C/~.A/7LJ~/~"~t/~~- _01 // REAL ESTATE PURCHASE- ANn-t~LE AGREEM:€NT"-:'4~ . . ~-y t? ,,~ ~;;;:;;2.~ ~,md7~~~/~ tfI rll A'1 7,? ~ ******* A true copy of the foregoing hereby received on . I -. ? C agreement signed by Sellers is -V~ RC / ' " ( /: ,? <;::::_. ?ECEIv~D FOR FILING: ~~~ .-/'. KATHLEEN L. McCLUSKEY, CITY CLERK REAL ESTATE PURCHASE AND SALE AGREEMENT -5- REPSA2.AGT - Agreement Forms - 3/13/95 2064785018 BREM-WRTER UTILITY 453 P02 JRN 17 '96 12:27 LEGAL DESCRIPTION OF PROPERTY OWNED BY MR. JAMES BATTLE AT 4312 "en STREE'!'. BREMERTON, WASHINGTON TAX TO NUMBERL 4502-028-029-0003 BREHERTON HEIGHTS BLK 028 LOT 29 & 30 ...\ , ," '- MONTH TO MONTH RENTAL AGREEMENT be~en r 0~Vl ~ S> ,E. l{~-rr/ t:... .hereinafter referred to as thy ~Landlord". A~r'4 OI//\/Jo4V))oIVJVIC!\; C4~ , hereinafter referred to as "Tenant," those certain premises hereinafter referred to as "said premises," and further described as the rental com],lOnly know as: !f-::. 3/2- C!,. .5'1--. on the following terms and conditions. RENT: The Tenant agrees to pay and the Landlord agrees to accept as rent for the use and 09cJIP~Cjtpf "said premises" the sum of $ ~~~r month payable in advance on the L day of each month. Any rent paid after 5:00 PM, on the fifth (5) day after it is due may be subject to a $50.00 Late Charge. DEPOSITS: On the execution of this - agreement, the Tenant d;po~)~ith thb Landlord the sum of $ ~2.i:./' () ~ch is held at thq.~01l9.wing b(,Wk,. !?Gq HI/' s-r 3701\ . l~ated (}t t>r ~ +-- !1v C--?Vl &- v -h/,tV In the State of Washington. Rental rates are based on long term tenancy. Should the Tenant vacate before 1./ months have elapsed, the entire dePosit will be forfeit. In addition any unpaid rent, penalties, late charges, utilities, damage, which exceed the deposit will be billed to the Tenant. SMOKE DETECTORS: In compliance with RCW 48.48.140(3) and WAC 212-10, the Landlord has installed smoke detection devices in accordance with nationally .accepted standards. The law requires that the maintenance of the smoke detector is the responsibility of the Tenant. A fine of not more than Two Hundred Dollars ($200.00) shall be imposed for the failure to comply with these provisions. UTILITIES: The Tenant shall pay all charges incurred for the furnishing of public or private utilities to "said premises" including any required deposits, except for the following: be; (r- Iv r; 4 --e.-.. ./ WATER HEATER: has been set to a temperature of 120 degrees as per RCW 19.27A.' - PETS: o No pets will be kept in or about .Jhe "said premises." B" The following pet(s) will be allowed in the ;said premises" f/N;.' j/''- r f USE OF SAID PREMISES: The rental shall be used only a~ingle family residence consisting of adults and -1- children. The Tenant shall not permit the "said premises" or any part ther~f to be used for: 1. The conduct of any offensive, noisy, dangerous activity, the creation or maintenance of a public nuisance. 2. No subletting. 3. Anything that is against the laws or rules and regulations. RULES AND REGULATIONS: 1. All vehicles parked on "said premise" must have current registration tags and be maintained in running order. 2. No combustible fluids or other fire hazards in "said premises." 3. Written notice must be given to the Landlord of any defects, dangerous conditions or needed repairs. 4. Promptly reimburse the Landlord for the cost of any repairs caused by Tenant's negligence or misuse or the negligence or misuse of any of the tenants' invitees, licensees, or guests. 5. The Tenant shall make no alterations to the rental unit. No painting or redecorating without the express written consent of the Landlord. QUIET ENJOYMENT: The Tenant is entitled to quiet enjoyment of the "said premises." Tenant shall not annoy, harass, endanger or inconvenience any other tenant. Tenant shall at all times be responsible for the conduct of any guests or invitees while they are on "said premises." HOLD HARMLESS: The Tenant agrees to indemnity and holds the Landlord and the properties of the Landlord, including "said premise," free and harmless from any liability claims, loss damages, expenses, including any attorney's fees and/or costs, arising by reason of the death or injury of any person. This also includes but is not limited to tenants or any person who is an employee or agent of Tenant, or by reason of damage to or destruction of any property including property owned by Tenant or person who is an employee or agent of e Tenant, caused or allegedly caused by some Condition of "said premises." DEFAULT: Tenant agrees that if (s)he disobeys any of the terms and conditions of this agreement the Landlord may terminate this tenancy in the manner provided by law. In the event that the Landlord shall bring proceeding to evict the Tenant or if it becomes necessary for the Landlord to enforce any of the terms and conditions of this agreement, the venue of any such action will be laid in (Kitsap or Mason) County. In the event that the court finds against the Tenant, the Tenant agrees to pay all costs, including but not limited to, attorney's fees, commissions paid to a collection agency to collect unpaid rents, damages, utilities, judgments and the cost to restore "said premises" to market condition. SOLE AND ONLY AGREEMENT: This agreement constitutes the sole and only agreement between Landlord and Tenant respecting "said premises" or the renting of "said premises" and any equipment or personal property subject to this agreement. It correctly sets forth the obligations of the Tenant and the Landlord to each other as of its date. Any agreements, representations or personal property subject to the rental agreement, or their rentings by Landlord to Tenant not e:\:pressly set forth are null and void. TERMINATION OF TENANCY: A written notice must be given by either party 20 days prior to the end of the rental period. Failure to give proper notice will result in the forfeit of the entire deposit. . An hourly rate of $ /01 0 D per hour will be charged for cleaning or repairing the "said premises." Executed il. S- A 1\ I Lf1;(2-- . 7f,. I , 'i997~ , Washington. I hereby acknowledge the receipt of the ~~~ , Tenantj' , ////) ..--- U ~/4 ( d&t/~ eP--, ~ Tenant , Landlordpr Agent fj 0, 130,K l.f-ft{55- ~ne Number: ( J / V'~tM..evl--olY wit ( 715J/?-- 111 P:;--7 'i 2.- 0 f Ch KITSAP HOME RENTAL SERVICES f5J1 High Ave., Bremenon, WA 98337-105 (360) 373-1194 FAX (360) 373-1580 Jl ~ ... IN OK OUT Kitchen Countertops Cabinets Stove/Oven Refrig Dishwasher Floors Living Room, Dining Area Walls Windows Carpets Drapes ~~ Floors Bedroom (1) ~ Walls :E <r: Windows I ...Z CI) Closets E-< ~ Z E-< Carpets I <r: <r: z Cl ~ 0 Drapes E-< Bedroom (2) Z Floors - Cl Z Walls I ~ Windows Closets I Carpets Drapes I Floors Bedroom (3) Walls \ \ . Windows ('\-- \J\ Closets I '-l \ . I I '- ~ Carpets - ~~ ""- Draoes I -:::: '""- Floors Family Room or 2nd Bathroom ~" I \ -i I~ --- Walls 't-..r\ Windows ~ ..~ .h ~ Carpets , CI) CI) ~ Draoes. u.l Bathroom ~ E-- Cl <r: Floors. Cl Cl <r: ....0 Walls ....:l ..Z. 1'0;: . .. ....... 'Windows <r: E-< ....,,~. t- ~ Z <r: Carpets "., ~ E-< ~ CI) Drapes . "-----.--. --"'-0:- . . . ""~ -: .' ._.. _ .':'u . _.__.__~."'___ _