The URL can be used to link to this page

Home My WebLink About9405250026 ... _"::' " -~ -' Filed for Record at Request of: When Recorded Return to: ~. ~. $8.00KITSAP COUNTYCHCK ILEO-BY: BREMERTON CITY OF Y 25, 1994, 8: 56 AM AREN FLYNN, AUDITOR LERK: FREEMAN ...F....: 94052500 6 REEL 0805 FR 2238 Name Bremerton city Clerk Address 239 Fourth street' Bremerton, Washington 98310 STATUTORY WARRANTY DEED (For Use in the state of Washington Only) THE GRANTOR, JOEHAYWARD V. WILSON, Personal Representative for the Estate of HAYWARD HORTON Filed under Kitsap County Cause No. 94-4-00162-0, for and in consideration of good and valuable consideration, conveys and warrants to the CITY OF BREMERTON, a municipal corporation, the following described real estate, situated in the County of Kitsap, State of Washington: / The Westerly 10 feet of Lot 28, and all of Lots 29 and 30, and the East half of Lot 31; Block 21, Bremerton Heights, according to the plat thereof recorded in Volume 3 of Plats, Page 41, records of Kitsap County, Washington. NO.'Y'v-'Scf7 DATED this KITSAP COUNTY TI-1ANS,~CTION EXCISE TAX PAID MAY 23 1994 ~ AMOUNT /A5-r ~~UNT'2?~ER (;; ill\.. day of IMlAy , 1994. RD -V. WILSON 1 Representative for the Estate of HAYWARD HORTON, filed under Kitsap County Cause No. 94-4-00162-0 STATE OF WASHINGTON) ss. COUNTY OF KITSAP On this date, before me, the undersigned, a Notary Public in STATUTORY WARRANTY DEED -1- Horton.SWD - 5/6/94 ,r and for the state of Washington, duly commissioned and sworn, personally appeared JOEHAYWARD V. WILSON, Personal Representative for the Estate of Hayward Horton, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this tP"f V\. 'l\A. A'( , 1994. day of -<E~'" ~. <9.~'~. Notary Public in and for he state of W ~ H 14J~ to!V , residing at 'P00LS.-teCJ My appointment expires: . .3(1,(P/Orh ">,:; ftE~L#&83~O~ft599~$ STATUTORY WARRANTY DEED -2- Horton.SWD - 5/6/94 0'" -- .~. . ,,'" REAL ESTATE PURCHASE AGREEMENT THIS AGREEMENT is by and between Joehaywa rd V. Wi 1 son (hereinafter referred to as "Seller") and the CITY OF BREMERTON, a Washington municipal corporation, (hereinafter referred to as "Purchaser"). 1. DESCRIPTION OF PARCELS: Purchaser agrees to purchase and Seller agrees to sell and convey, upon the terms and conditions contained herein, that real property located in Ki tsap County, state of Washington, legally described as: 4318 "F" Street, Bremerton, Washington 98310 (See attached Exhi bi t "A") (hereinafter referred to as "Sale Property") . 2. PAYMENT: The Seller and the Purchaser agree that the fair market value of the "Sale Property" is Sixty-Five Thousand Dollars Only Dollars ($65,000.00 ) and said sum is agreed to be the 'purchase 'price 'for the above property. . . . "I, " '""'j. 3 . CONTINGENCY OF' APPROVAL OF TITLE 'ENCUMBRANCES: The status of the Seller's title 'will be shown in a prelimlnary commitment for an "owner's stand"ard coverage ALTA form title insurance policy issued by Land Title Insurance Company, which commitment will be obtained by Seller at Seller's expense, and delivered to the Purchaser within fifteen (15) days of the Purchaser's signature on this Real Estate Purchase Agreement. Said preliminary <;:.:ommitment shall have attached thereto photocopies of all documents shown as encumbrances to the title of the Seller. Purchaser must, within fifteen (15) days of delivery of said preliminary commitment by the Seller, approve in writing the title and encumbrances or defects thereto or give notice of unacceptable encumbrances. If the Purchaser does not give said written approval or if, within ten (10) days of the Seller's receipt of Purchaser's list of unacceptable encumbrances', Seller does' not agree in writing to remove those' encumbrances objected to by the Purchaser at"or prior to closing, this Real Estate Purchase Agreement shall, at the REAL ESTATE PURCHASE AGREEMENT -1- " Purchaser's option, become null and void and all rights of the parties hereunder shall terminate. 4. CONVEYANCE BY STATUTORY WARRANTY DEED: At closing, fee title to the "Sale Property" shall be conveyed to the Purchaser by statutory Warranty Deed subject only to those defects and encumbrances approved by the Purchaser pursuant to paragraph 3 above. 5. TITLE INSURANCE: At closing, the Seller agrees to provide to Purchaser, at its expense, an owner's standard ALTA form policy of title insurance issued by Land Title Insurance Company, said policy containing, in addition to the normal printed exceptions, only those defects and encumbrances approved by the Purchaser pursuant to paragraph 3 above. 6. POSSESSION: Purchaser shall be entitled to possession of the property it purchases upon the closing of this transaction. 7. ESCROW CLOSING AGENT: This transaction shall be closed by the Bremerton City Attorney, located at 239 Fourth Street, Bremerton, Washington. 8. CLOSING COSTS AND PRORATIONS: The Sellers agrees to pay for the costs of clearing the Seller's 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. 9. CLOSING DATE - TERMINATION DATE: This transaction shall be closed on or before 5:00 p.m. on the termination date of this Agreement, which date shall be 60 days after the date on which Purchaser signed this Agreement below. 10. ATTORNEY'S FEES: In the event that the Seller or the Purchaser shall institute a lawsuit to enforce any rights pursuant to this Agreement, the successful party shall be entitled to, in addition to those costs and disbursements provided by statute, a reasonable sum as attorney's fees and costs incurred in any appeal thereof. REAL ESTATE PURCHASE AGREEMENT -2- 11. NOTICES: All notices sent to the Seller or the Purchaser pursuant to this Real Estate Purchase Agreement shall be sent by certified mail, return receipt requested to the following addresses unless either party notifies the other in writing of a change of address: For the Seller: Walter M. Hackett. Jr. Attornev At Law 324 Pacific Avenue. Suite #307 Bremerton. WA 98310 For the Purchaser: Eddy T. Chu, P.E., Director Bremerton Public Works and utilities 3027 Olympus Drive Bremerton, WA 98310-4799 12. TIME OF ESSENCE: Time is of the essence of this Real Estate Purchase Agreement. 13. GOVERNING LAW AND VENUE: This Agreement shall be governed by and interpreted in accordance with Washington law. Any litigation arising out of or in connection with this Agreement shall be conducted in Kitsap County, Washington. 14. RISK OF LOSS: The Seller shall deliver the premises and any personal property thereon to the Purchaser at closing in the same condition existing as of the date hereof. Risk of loss or damage to the premises or the personal property shall be borne by the Seller until the date of closing. Thereafter, the Purchaser shall bear the risk of loss. 15. ASSIGNMENT: Neither Seller's nor the Purchaser's rights under this Agreement may be assigned without prior written consent of the other party. In the event of an assignment, this Real Estate Purchase Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns, heirs, and legal representatives. 16. HEADINGS: The headings of the paragraphs of this Agreement are inserted solely for the convenience of the parties and are not a pat of nor intended to govern, limit, or aid in the construction of any term or provision hereof. REAL ESTATE PURCHASE AGREEMENT - 3 - 17. ENTIRE AGREEMENT: There are no verbal or other agreements which modify or affect this Agreement and Seller and Purchaser agree that this Agreement constitutes the full and complete understanding between the parties hereto. 18. SURVIVAL: The Seller and Purchaser agree that all representations, warranties, and agreements made herein shall not merge in, but shall survive, the closing of this transaction and the delivery of any deeds hereunder. Yf1ARtH 2f) \ ~ q~ Dater ~. SELLER ~ \\ \ ti \ Date CITY OF BREMERTON ~ H~;~~aYar _ ~(O~ McCLUSKEY, Clerk PROVAL: EDDY CHU Dire tor of Public Works & utilities y~o ~RM: IAN R.~SIEVERS, City Attorney REAL ESTATE PURCHASE AGREEMENT -4- , " . . EXHIBIT A ESTATE OF HAYWARD HORTON REAL ESTATE: Block 021, Lot 28 except the West 10 feet, Lot 29, 30 and East half of Lot 31, Plat of Bremerton, as shown on records of Kitsap County. ADDENDUM 1 TO REAL ESTATE PURCHASE AND SALE AGREEMENT 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 tv\A"l (p I 11q Lf Date otherwise provided herein. ~~ JO HAYW D V. WILSON Personal Representative for the Estate of HAYWARD HORTON Filed under Kitsap County Cause No. 94-4-00162-0 s-\\- 9t Date CITY OF BREMERTON BY:~ III- LY HORTON, Mayor PURCHASER ATTEST: ~ "-~ \l\rL..- ( Q. ~ KATHLEEN L. McCLUSKEY, Cler ~O FORM: . IAN R. SIEVERS, City Attorney ADDENDUM 1 Horton.Add - Real Estate - 5/5/94