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HomeMy WebLinkAbout9701070032 KIISA? COUNTY ."..,...~~::. m:t' ". ';'~'';';.''':'~.~' $9. OOCHGt'\1'~;iS:.<,:';<,"",,,~it/., FlLED-OY" aR~MERTOM "lor,.!" "O~ ';'" " . '.' , -,~' t: U 0.' 'Y 'i.t i .;~ '_' _ I}'. ^;.t~ '-""" .... ~,~~~.. JAl\f 7 ft'ttJ7 10'25 AM.'.. ',," "......:,.. .,,.. m~ t, 77 '9 . If t"'d,.t...t .t(_'<"'7~;~?'..;1J:;1'~"'~'0..tt~:( .~.: KAREN FLYNN, AUDITOR" ....,~...'.."~",.,....."A~,.- CLERK: CHIPPS L Pi.. F...:Ii: 9701070032.::' REEL 0941l FR"0185' Filed for Record at Request of: When Recorded Return to: Name Bremerton city Clerk Address 239 Fourth street " " Bremerton. Washington 98337 4343 "H- Street - M. Smith Document Title: statutory Warranty Deed Reference Number of Document Assigned or Released: De~d of Trust Kitsar Co-. AudiLvJ::: '[3 File no. e8G9~~-2g4 Grantor's Name: Marcella M. smith Grantee's Name: City of Bremerton Abbreviated Legal Description: L1 & 2, B20, B. HEIGHTS (Additional legal on page 1 of document) Assessor's Property Tax Parcel/Account Number: 4502-020-001-0002 STATUTORY WARRANTY DEED (For Use in the State of Washington Only) THE GRANTOR, MARCELLA M. SMITH, as her 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# /00 $ 7LtsrtP BY KITSAPC'aUN~ Vl4U-#:-1I LOTS 1 AND 2, BLOCK 20, BREMERTON HEIGHTS, ACCORDING TO THE PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE 41, RECORDS OF KITSAP COUNTY, WASHINGTON; TOGETHER WITH THAT CERTAIN 1975 BARRINGTON MOBILE HOME MODEL 31, 64X24 SERIAL NO. 3792. DATED this ;2:s day of 7J~ ~M~~~-L MAR ELLA M. SMITH , 1996. JAN 7 1997 \\ STATUTORY WARRANTY DEED -1- M-SMITH.SWD - West Hills Closings - 12/16/96 STATE OF WASHINGTON) COUNTY OF KITSAP ss. On this date, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared MARCELLA M. SMITH, 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. ~c~~ my hand a~d l~~~~cial seal A.F=#: 9701070032 REEL 0941 FR 0186 STATUTORY WARRANTY DEED -2- M-SMITH.SWD - West Hills Closings - 12/16/96 --;;...,:;""'~~' :.~.;.:.'F'~::C'>\ - ~l 'r- " I, " "'>~~t~C' MOBILE HOME ~'t,",~~ , .' "". REAL ESTATE EXCISE TAX AFFIDAVIT ~ubm~t (0 Coun~ '!reasurer of the county j CHAPTER 82.45 RCW This. form is your receipt when stamped by In which property IS located. CHAPTER 458-61 WAC cashier. , -Wi) . ,.r'- , .' PLEASE TYPE OR PRINT " . INCOMPLETE AFFIDAVITS Wll~L NOT BE ACCEPTED FOR USE WHEN TRANSFERRING TITLE TO MOBILE HOME ONLY I MAKE YEAR MODEL SIZE SERIAL NO. or I,D. REVENUE TAX CODE NO. G-A,RRINGTON 1975 t400EL 31 34lt24 37S2 : I ! ! If, in selling (or otherwise transferring ownership of) a mobile home which possesses a tax lien, the seller does not inform the buyer (new owner) of such a lien, the seller is guilty of deliberate deception as it applies to Fraud and/or Theft as defined in Title 9 and 9A RCW (RCW County Treasurer or Deputy 9.45.060, RCW 9A.56.01O (4d), and RCW 9A.56.020). TREASURER'S USE Name f4ARCEllA Mo SriITH Street 4343 llH" STREEJ City State Zip Code BRH4ERTON ~JA 98312 R E G I 0 SW TN E E R R E D LM 00 C B A I T L I E o NH o OM F E Name S~43 "HII STf'JEET C' State Zip' Code aREMERTON WA 08312 PERSONAL PROPERTY 9000 005 077 ooon ,- PARCEL or ACCOUNT NO. - - - tI ~--... Date of Sale OECEMBER 230 1996 120710.00 226.24 -0- Taxable Sale Price. . . . . . . . . . . . . . . . . . $ Excise Tax: State. . . . . . . . . . . . . . . . . . . $ 'Local. . . . . . . . . . . . . . . . . . $ Delinquent Intere~t: State............ $ , Local............$ ",- Delinquent Penalty: State..... \ .",-:< . $ -.' Total Tax, Interest & Penalty D~e. . . . . $ -0- -u- -u- 228.24 If exemption claimed, WAC number & title: WAC No. (See/Sub) WAC Title THERE IS A $2.00 FEE FOR PROCESSING THIS FORM IF NO TAX IS DUE. TREASURER'S CERTIFI~AT)!: I hereby certify that property taxes due . County on the mobile home described hereon have been paid to and including the year 19 .. ' / Date FORM REV 84 0003 (3L9:(10-5-94~1.. N E W Name CITY OF BREr4~HHON Street 239 4TH STREET City State Zip Code aREr~eATON ItIA 98337 RO EW GN I E S R T E R E D Name CITY OF BAEMERTON Street 239 4TH STREET City State Zip Code RREC~ERTO~~ ltJA 98337 L E G A L o W N E R REAL PROPERTY PARCEL or ACCOUNT NO. 4502-020-001-0002 AFFIDAVIT I Certify Under Penalty Of Perjury Under The Laws Of The State of Washington That The Foregoing Is True And ,Correct. Signa~~~of , (~!7gent / . Name (print) MARCELLA M. SMITH " DECEMBER 23, 1996 Date & Place of Slgmng: ___..____., unU;;J'f&:;;I'j I Vi\! Signature of Grantee/Agent Name (print) IAN R. S!EVERSo C~ty Attornoy Date & Place of Signing: ~~~~~~~~<. 23, 1996 ~ II 7--0 \ i , :::J- - I $I;?;L-G ' TAXPAYER . . TAX LIABILITY RCW 82.45.080 subjects the seller of real estate to the payment of the excise tax, and RCW 82.08.050 and 82.12.020 subjects the buyer or user of personal property to the retail sales or use tax. Therefore, if the transfer is subject to the excise tax, it is the liability of the seller and if the transfer is subject to the retail sales or use tax, it is the liability of the purchaser or user. DEFINJI:TION OF REAL ESTATE A used mobile home is defined as real estate for purposes of this tax when the following conditions are met: 1. The mobile home was previously taxed by: (a) having been sold at retail and the retail sales tax has been paid (Chapter 82.08 RCW), or (b) having been used, and the use tax has been paid (Chapter 82.12.RCW). 2. The mobile home has substantially lost its identity as a mobile unit by virtue of: (a) being fixed in location upon land owned or leased by the owner of the mobile home, (b) being placeO. on a foundation (posts & blocks), and (c) having fixed pipe connections with sewer, water, and other utilities. TRANSFER SUBJECT TO EXCISE TAX The transfer of a used mobile home will be subject to the real estate excise tax (Chapter 82.45 RCW) on the following transactions: 1. Transfers between individuals, and there is no requirement that the unit is to be moved. 2. Transfer from individual to dealer (trade-in), and there is no requirement that the unit is to be moved. 3. Transfer from a dealer to individual, and there is no requirement that the unit is to be moved. Dealer may be allowed credit on the excise tax if unit was taken in trade, was not moved, and resale occurred within nine months. TRANSFER SUBJECT TO THE RETAIL SALES OR USE TAX The transfer of a new or used mobile home will be subject to the retail sales tax (Chapter 82.08 RCW) or use tax (Chapter 82.12 RCW) on the following transactions: 1. Transfers between individuals when as part of the agreement the unit is required to be moved. 2. Transfers of a mobile home upon which neither the retail sales tax, use tax, nor the real estate excise tax has been paid, whether the unit is to be moved or not. 3. All transfers from a dealer's sales lot. CERTIFICATION OF TAXES PAID The law requires that a copy of the excise tax affidavit and a copy of a treasurer's certificate, stating that the property taxes have been 'paid, be used as evidence of payment of the taxes. The Department of Licensing is prohibited from transfernng or issuing a certificate of ownership until it has venfied that: 1. The excise tax on the sale, if due, has been paid, or the sales or use tax, if due, has been paid, and 2. Any property taxes, whether real or personal, which are due on the mobile home have been paid. WCAL REAL ESTATE EXCISE TAX Cities and/or counties are authorized to adopt by ordinance an additional real estate excise tax to be collected and distributed by the county treasurer (Chapter 82.46 RCW). DELINQUENT PENALTY AND INTEREST The real estate excise tax is due on the date of the sale (date of the deed or contract of sale). A one-percent per month interest is charged for delinquent tax payment. This is .not charged if the tax is paid WIthin 30 days of the date of the sale. A five, ten and/twenty percent penalty on the state taxes is due from the seller if the tax is paid more than 30, 60 or 90 days past due. There is a 50 percent evasion penalty for intentionally evading payment of the tax. PERJURY Perjury is a class C felony which is punishable by imprisonment in a state correctional institution for a maximum term of not more than five years, or by a fine in an amount fixed by the court of not more than five thousand dollars, ($5,000.00) or by both imprisonment and fine (RCW 9A.20.020 (IC)). FORM REV 84 0003back (3-28-94) " . . This form is your receipt when stamped by cashier. :!REAlL ESTATE EXClfSE TAX AF]FKDAVIT CHAPTER 82.45 RCW - CHAPTER 458-61 WAC For U~e-at County Treasurer's Office (Use Form No. 84-00018 for Reporting Transfers of Controlling Interest of Entity Ownership to the Department of Revenue) THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS 1-7 ARE FULLY COMPLETED PLEASE 1;YPE OR 'PRINT PLEASE SEE REVERSE [[) ~ Name -M-ARCE LLA M . SMI TH ':~ ''''; N arne C ITV 0 F B R EN E RTON " " ~ >..:i ~ ~ ~ ...l :z: 434 3 1'/ H w S TRE E T ~ ?3 9 il TH S TR E E T ...l < Street Street >..:i " =:I ~ rJ) " BR E M E RTON WA 983 12 " BREM E RTON L'IlA 9 83 3 7 City/State/Zip City/State/Zip. ~ ADDRESS TO SEND ALL PROPERTY TAX RELATED CORRESPONDENCE ALL TAX PARCEL NUMBERS . Name C it Y 0 f Bremarton 4 5 02 -02 0 - 001-000 2 -,._- 23 9 4 TH Stre et 'j \.J ~)'j ~ , ':>X~ - /; 77~ ( I): , yo' Street City/State/Zip Bremerto n WA 9 8 3 3 7 ....... ........ .... .........................,....... Street Address (if property is improved): I]] LEGAL DESCRIPTION OF PROPERTY SITUATED IN 0 UNINCORPORATED 4343 I1H" STREET COUNTy)(]I OR IN CITY OF BREMERTON LOTS 1 AND 2p BLOCK 20p BREMERTON HEIGHTSp ACCORDING TO THE PLAT RECORDED IN VOLUME 3 OF PLATSp PAGE 41p RECORDS OF KITSA? COUNTVp WASHINGTON; TOGETHER WITH THAT CERTAIN 1975 BARRINGTON MOBILE HOME MODEL 31p 64X24 SERIAL NO. 3792. I]J Is this property currently: YES NO Classified or designated as forest land? D):{j Chapter 84.33 RCW Classified as current use land (open space, farm D X] and agricultural, or timber)? Chapter 84.34 RCW / Exempt from property tax as a nonprofit D ~ organization? Chapter 84.36 RCW v Seller's Exempt Reg. No. _ _ _ _ _ - _ _ _ .\; Receiving special valuation as historic D}(]I property? Chapter 84.26 RCW Property Type: 0 land only /::ELJand with new building )([JI land with previously used building'! fJ land with mobile home o timber only . o building only Principal Use: 0 Apt. (4 + unit) XalI residential o timber 0 agricultural 0 commercial/industrial o other ~~; [ill] (1) NOTICE OF CONTINUANCE (RCW 84.33 or RCW 84.34) If the new owner(s) of land that is classified or designated as current use or forest land wish to continue the classification or designation of such land, the new owner(s) must sign below. If the new owner(s) do not desire to continue such classification or designation, all compensating or addi- tional tax calculated pursuant to RCW 84.33.120 and \140 or RCW 84.34.108 shall be due and payable by the seller. or ~. Sferor at the time of sale. The county assessor must determine if the lan'd)(ansferred qualifies to continue classification or designation and, I}i~st . so indicate below. Signatures do not necessarily mean the land..wi\' rl::main in classification or designation. If it no longer qualifies, ~ '~ill be removed and the com- pensating taxes will be applied. All new'{lwners must sign. This land 0 does 0 does not qualify for continuance. Date DEPUTY ASSESSOR (2) NOTICE OF COMPLIANCE (Chapter 84.26 RCW) If the new owner(s) of property with special valuation as historic property wish to continue this special valuation the new owner(s) must sign below. If the new owner(s) do not desire to continue such special valuation, all additional tax calculated pursuant to Chapter 84.26 RCW, shall be due and payable by the seller or transferor at the time of sale. (3) OWNElR(S) SIGNATURE .~ ~,~ ~ Description of tangible personal property if included in sale (furniture, appliances, etc.) If exemption claimed, list WAC number and explanation. WAC No. (Sec/Sub) 458 - 61- 4 2 0 ( 1) ( C ) E'Eplanation IB A N S FER I1L..M.illU C I PAL C1lR2O.aJlT-I-O N UNOER EXERCISE OF EMINENT DOMAIN (PLEASE SEE ~~HED ORDINANCE) Type of Document ST A TUTORV WARRANTY OEEO Date of Document DECE~.mER 23 p 1996 Gross Sale Price $ 61 p 000.00 Personal Property (deduct) $ 1291\ 0.00 Taxable Sale Price $ -41f;290. 00 -0- Excise Tax: State $ weal $ Delinquent Interest: State $ weal $ . /" Delinquent lPena:fty: State $ " __, Total Due $ THERE IS 11$2.00 'FEE FOR PROCESSING THlrS FORM lIF NO TAX IS DUE . i [!] ~_,.../ A IF IF][ D A V lIT ][ certify muller peJIllalty of ]l)erjuuy muller tll1le laws of tll1le state of Wasll1liJIllgtoJIll iliat tll1le foregoiJIllg is tJrune amll coned (See lbaclk of this form). - , -'l ~f ~ J I/~ ,- -/ ..'//" '" / .. ...: ." / ~geJIll~/ //(,'//J:/ . /t ". .,; )/ /'./. ;/j Name (print) MARCELLA M SMITH Date & Place of Sign~ng-oE.CEMBER 239 1996 . B'REMERTON Signature of ,,' GraJIlltee/AgeJIllt' -. . t{ Name (print) IAN R SIEVERS p City Attorney Date & Place of Signing DECH1BER 23 p 1996 Perjury: Perjury is a class C felony which is punishable by imprisonment in a state correctional institution for a maximum t6rm of not more than five years, or bya fine in an amount fixed by the court of not more than five thousand dollaJs ($5,000.00), or by both imprisonment and fine (RCW 9A.20.020 (lC)). ="~ PlOCO , J REV 84 0001a (6-16-95) (PD 11/29/95) FOR TREASURER'S USE ONLY TAXPAYER... .{,' h 'Po \,,-J..r"~'" J ~::J 0---1 (-'~l:.:,.~"{ II .;,^~AO ~ W \jV' v '-'''- _J., . . to only if 50% or more is transferred or on the reverse of AND PENALTIES Estn.te Excise Tax is due on month interest is charged 30 days of the date is from seller if the tax is penalty for intentionally evading deed or contract one- is not tax is percent penalty on state taxes or 90 days due. is a AUDIT Department of Revenue will underpayment of the tax. (WAC 458-61 transactions if necessary, To inquire about the availability of language other than English, call (360) format forthe visually or a REV g4 (lOOI/\ in,lr (6-16-95) (PD 11/29/95) :1-~. .ORIGiNAL e - SELLER'S CLOSING STATEMENT 4343 "H" STREET, BREMERTON, WASHINGTON SELLER: MARCELLA M. SMITH PURCHASER: CITY OF BREMERTON LEGAL DESCRIPTION: LOTS 1 AND 2, BLOCK 20, BREMERTON HEIGHTS, ACCORDING TO THE PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE 41, EECORDS OF KITSAP COUNTY, WASHINGTON; TOGETHER WITH THAT CERTAIN 1975 BARRINGTON MOBILE HOME MODEL 31, 64X24 SERIAL NO. 3792. AMOUNTS DUE/PAID SELLER Total Purchase Price $61. 000.00 Cash payment payable to Seller at Closing $61,000.00 REDUCED BY Seller's Closing Costs: Mortgage Payoff Balance to Kitsap County Public Employees Credit Union [KCPECU] for Account No. 2146440 (See Exhibit "A" attached) $26,840.32 Delinquent real property and personal property taxes, together with interest and penalties, owing for 1995 tax year - amounts shown are amounts owing as of 12/23/96 - quoted by Kathy Thompson of the Kitsap County Treasurer's Office as follows: (4343 "H" st.) $325.26 (Mobile Horne) $192.71 Total 1995 Property Tax (Kitsap County Treasurer) 517.97 Delinquent real property and personal property taxes, SELLERS' CLOSING STATEMENT - 1 M-SMITH.SCS - West Hills Closings - 12/17/96 e e together with interest and penalties, owing for 1996 tax year - Pro-rated amounts shown are amounts owing as of 12/23/96 - quoted by Kathy Thompson of the Kitsap County Treasurer's Office as follows: (4343 "H" st.) $361. 67 (Mobile Home) S222.42 Total 1996 Property Tax (Kitsap County Treasurer) 584.09 Total Seller's Closing Costs $27,942.38 (27,942.38) TOTAL CASH PROCEEDS PAYABLE TO SELLER AT CLOSING $33.057.62 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. ACCEPTED AND APPROVED this ;;IS day of 't2 1996. MARCELLA M. SMITH SELLERS' CLOSING STATEMENT - 2 M-SMITH.SCS - West Hills Closings - 12/17/96 e (FRE) (0002146440) (30 ) PAYOFF ON (26DEC1996) PRINCIPAL ( + INTEREST ( + LATE CHARGES ( + OTHER CHARGES ( 26,599.83 ) 262.35 ) 0.00 ) 0.00 ) PAYOFF (26,862.18 ) 1 DAY INT ( 7.28762) *** TDI TO L40 & 41 LVL 3 . 0) \ /\ '--::::L ~ -rZ+~ ~ lv, LY-,'-.) ',0 ~c/, [ oaf 0 '-___ n (~+ CC~L\O:L19 ;)G 5'1'4 ,8:3 ?~~. -L, Jc1Ljc),l{1 ~~+-. J U /~3 ,fb c5U' I ~/O ~3c2..~1zJJ fC]jCr&lf v3.2 ~fl:{Jll. W@Q aa 00 KITSAP COUNTY PUBLIC EMPLOYEES CREDIT UNION 253 4th STREET BREMERTON, WA 98337.1812 fY\ O-.Ce \ \ C\ ~YV' ~ -\-h \0 O(L~ ~A~ o~-V ~ l('v.. \ ~ \ 'd-l.c2 \ C{ L.> Q~ 0-- ':L~ \a-.\\le \'1b (1-\\01 ~~ a~. ) ~ -- - OR\G\NAl PURCHASER'S CLOSING STATEMENT 4343 "H" STREET, BREMERTON, WASHINGTON SELLER: MARCELLA M. SMITH PURCHASER: CITY OF BREMERTON LEGAL DESCRIPTION: LOTS 1 AND 2, BLOCK 20, BREMERTON HEIGHTS, ACCORDING TO THE PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE 41, RECORDS OF KITSAP COUNTY, WASHINGTON; TOGETHER WITH THAT CERTAIN 1975 BARRINGTON MOBILE HOME MODEL 31, 64X24 SERIAL NO. 3792. AMOUNTS DUE/PAID SELLER Total Purchase Price $61,000.00 Cash payment payable to Seller at Closing $61,000.00 ADD Purchaser's Closing Costs to Cash Payment Payable at Closing: Title Insurance Premium (Land Title Insurance Company) $302.68 Mobile Home Real Estate Excise Tax (Kitsap County Treasurer) 226.24 Excise Tax Affidavit processing fee for real property (Kitsap County Treasurer) 2.00 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 $559.17 559.17 TOTAL CASH REQUIRED FROM PURCHASER TO CLOSE $61,559.17 PURCHASER'S CLOSING STATEMENT - 1 M-SMITH.PCS - West Hills Closings - 12/17/96 I. e - 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. r---- ACCEPTED AND APPROVED this I~ [j) ;. day of ~~ CITY~. F BREMERTON BY:~_ IAN R. SIEVERS Bremerton city Attorney , 1996. PURCHASER'S CLOSING STATEMENT - 2 M-SMITH.PCS - West Hills Closings - 12/17/96 1111111111111111111111 LAND TITLE CO RECON $S.~~ 3005692 Page: 1 of 1 ~3!1~!97 1~:35A ~itsap_Col WA After recording mail to: Name: CITY OF BREMERTON A~~r~J!S: 239 4TH AVE. City and State: BREMERTON, WA 98337 ~-w LAND TITLE COMPANY OF KITSAP COUNTY DTII 31626 JT FULL RECONVEYANCE The undersigned liS trustee under that certain Deed of Trust dated SEPTEMBER 8 IJ38 '-' in which . MARCELLA M. SMITH is gnmtor, and KITSAP COMMUNITY CREDIT UNION is beneficiary, recordellon SEPTEMBER'-,~9 88 , under Auditor's File No.: 8809090204 records of KITSAP County, Washington, having received from the beneficiary under said Deed of Trust a written relluest to reconvey, reciting that the obligations secured by the Deed of Trust has heen fully satisfied, docs hereby reconvey, without warranty, to the person(s) entitled thereto all of the right, title and interest now held hy said trustee in ;nul to the property descrihed in said need of Trust. AS IN RECORDED DEED OF TRUST Datell: MARCH 7 1997 , LAND TITLE COMPANY OF KITSAP COUNTY (Tmstcc) STA TE 011 W ASIIINGTON COUNTY OF KITSAI' OFFICIAL SEAL KRISTIN MIHULKA NOTARY PUBLIC-STATE OF WASHINGTON My Commission Expires May 9, 2000 On this 7TH day of MARCH , 19 97 , before me, the undersigned, a Notary Public in and tor the State of Washington, duly commissioned and sworn, personally appeared STEVEN D. GREEN to me known to be the VICE-PRESIDENT lind/or AUTHORIZED SIGNATORY of the corporation that executed the foregoing instrument, lllld acknowledged the said instrument to be the free lint! voluntary act :lnd deed of said corporation, for the uses and purposes therein mentioned, and Oil oath stated the HE IS authorized to execute the said instrument. KRISTIN MIllllLKA - My commissioll expires 5-9-2111111 II ..,~...... LAND TITLE COMPANY OF KITSAP COUNTY ALTA OWNER'S POLICY STANDARD SCHEDULE A Office File No.: E-105535-3 Policy Number: 48 0025 106 00004984 Date of Policy: January 7, 1997 at 10:25 a.m. Amount of Insurance: $61,000.00 Premium: $280.00 1. Name of Insured: CITY OF BREMERTON, a municipal corporation 2. The estate or interest iJ? the land which is covered by this policy is: A FEE 3. Title to the estate or interest in the land is vested in: THE NAMED INSURED 4. The land referred to in this policy is described as follows: SEE LEGAL DESCRIPTION ATTACHED ON "EXHIBIT A" AND BY REFERENCE MADE A PART HEREOF SCHEDULE A ALTA Owner's policy 10-17-92 ~~. . . ... 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 "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 4343 "H" STREET. BREMERTON. WASHINGTON, and legally described as follows: TAX ID NUMBER: 4502-020-001-0002 BREMERTON HEIGHTS BLK 020 LOT 1 & 2 MOBILE HOME (TAX ID: 9000-005-077-0008) . 1. PURCHASE PRICE: The total purchase price is SIXTY-ONE THOUSAND Dollars ($61. 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 REAL ESTATE PURCHASE AND SALE AGREEMENT -1- REPSA2.AGT - Agreement Forms - 6/3/96 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 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 , 30 days after closing. Sellers agree to pay Purchaser the sum of PI.~h f , $ 300.00 for each ~"Of. possession beyond 30 days of closing. " Possession shall be ~d.'eemed given when Sellers have vacated the premises and delivered the keys to same to Purchaser or to closing dfi 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. 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 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 REAL ESTATE PURCHASE AND SALE AGREEMENT -2- REPSA2.AGT - Agreement Forme - 6/3/96 in 19 Purchaser Attorney complete any event not later than the ____ day of , upon which date the agreement shall terminate. The and Sellers shall deposit with the Bremerton City all instruments, documents and monies necessary to 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 'v 15. ENTIRE AGREEMENT: There are no other verbal or other agreements which modify or affect this agreement. Time is of th~ 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. Date CITY OF B~TON BY~ .1)-- L HORTON, Mayor PURCHASER DEP~T~ APPROVAL: W. ~~~y, Director of Public Works & Utilities AP:V~: IAN R. SI~ERS, Clty 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 I d-~.' <./ - q,~ , we hereby approve and accept the sale set forth in the above agreement and agree to carry out all the terms thereof -2.~,,:he part of the s:~_ 6f!/JAbf~A- ~~ ~"?6 tJ -- Cf79- II I~ Sellers' Address: Seller's Phone: REAL ESTATE PURCHASE AND SALE AGREEMENT -4- REPSA2.AGT - Agreement Forma - 6/3/96 ,~ I. ., ******* f~egoingl figreemen~ ~. 'g}led by Sellers is ~, L (~~. ~~ IAN R ~J S I EVERS Bremerton City Attorney\ Agent for Purchaser A true copy of the hereby received on RECEIVED FOR FILING: ~~~ KAfHLE L. MC US KEY , CITY CLERK REPSA2.AGT - Agreement Forme - 6/3/96 REAL ESTATE PURCHASE AND SALE AGREEMENT -5-