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HomeMy WebLinkAbout9412010013 .. OR\G\i\1AL KITSAPCOUNTY..,.... $8.00 . CHef\*,i FILED-BY: BREMERTON CITY OF DEe 1, 1994, 9:12 AM KAREN FLYNN, AUDITOR CLERK: CHIPPS A.F..: 9412010013 REEL 0838 FR 2034 Filed for Record at Request of: When Recorded Return to: Name Bremerton City Clerk Address 239 Fourth street Bremerton. Washinqton 98310 STATUTORY WARRANTY DEED (For Use in the state of Washington Only) THE GRANTOR, EDWARD JACKSON, whose only wife was Lenora G. Jackson, now deceased, 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,: Lots 25 and 26, Block 24, Bremerton Heights, according to the plat thereof, recorded in Volume 3 of Plats, Page 41, records of Kitsap County, Washington. DATED this go day of ~r;.A/..U.~ 1994. NO. '1? cf'/ KITSAP COUNTY TRANSACTION EXCISE TAX PAID DEe j. 1994 # AMOUNT ~ 7 ~~uN4Z~7 tt/L/~~ B ~ LILLIAN BAKER Attorney-in-Fact for EDWARD JACKSON, as evidenced by that General Power of Attorney, dated July 6, 1992, recorded under Auditor's File No. 9410200034. STATE OF WASHINGTON) COUNTY OF ~ ss. On this date, before me, the undersigned, a Notary Public in STATUTORY WARRANTY DEED -1- JACKSON2.SYD - Real Estate - 8/17/94 , and for the State. of Washington, duly commissioned and sworn, personally appeared LILLIAN BAKER, Attorney in fact for EDWARD JACKSON, 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. GIVEN under my hand and official seal ~CJI.. ~ 1994. ftE~L#&8~~~21~3~~ STATUTORY WARRANTY DEED -2- JACKSON2.SWD - Real Estate - 8/17/94 ,. .. 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 VAC:ANT I OT NEXT TO 4]10 !IF" ST. RRFt1FRTON. WA , and legally described as follows: SECTION 22, TOWNSHIP 24, RANGE 1E, BLOCK 024, LOT 25-27. BREMERTON HEIGHTS. 1. PURCHASE PRICE: The total purchase price is FI FTEEN THOUSAND Dollars ($15.000.00 ) . 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 closing agent 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 not so insurable as above provided and cannot be made so insurable by the termination date set forth herein, this agreement shall REAL ESTATE PURCHASE AND SALE AGREEMENT -1- REPSA2.AGT - Agreement Forms - 5/9/94 .., terminate; provided, however, that Purchaser may waive defects in writing and elect to purchase. The closing agent shall not be responsible for delivery of title. 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: IIh Sellers shall deliver possession to Purchaser on closing, or ~ days after closing. Sellers agree to pay Purchaser the sum of $ C/ 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 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 a~9~ptance 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 15 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 with the Bremerton City Attorney all instruments, documents and monies necessary to REAL ESTATE PURCHASE AND SALE AGREEMENT -2- REPSA2.AGT - Agreement Forms - 5/9/94 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. 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. 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 REAL ESTATE PURCHASE AND SALE AGREEMENT -3- REPSA2.AGT - Agreement Forms - 5/9/94 '. of any condition of this agreement shall be in writing and signed by the appropriate parties. 6 \ Z-~\.9J Date ,CITY OF BRE~ BY:~~. LY HORTON, Mayor PURCHASER Clerk APPROVAL: Public Works & utilities . SIEVERS, City Attorney Purchaser's Address: Bremerton City Hall Attention: Kathleen L. McCluskey, Clerk 239 Fourth Street Bremerton, Washington 98310 Purchaser's Phone: (206) 478-5290 ******* On this date . JUNE 7. 1994 , 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. We further acknowledge receipt of a true copy of this agreement signed by both parties. EDWARD JACKSON J ~ 'A"L, _ " <J.-/Vy~~ Sellers' Address: 4310 "E" STREET. BREt"1ERTON. ~JA 98312 Seller's Phone: (206) 377-2956 REAL ESTATE PURCHASE AND SALE AGREEMENT -4- REPSA2.AGT - Agreement Forms - 5/9/94 )' \:: ******* A true copy of hereby received on ~fOregOing agreement S9g~ed by Sellers _ '"2--'"2-, 19 . - .. ~~ ~ SIEVERS Bremerton City Attorney\ Agent for Purchaser is REAL ESTATE PURCHASE AND SALE AGREEMENT -5- REPSA2.AGT - Agreement Forms - 5/9/94