HomeMy WebLinkAbout9701070032
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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'>\ -
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" "'>~~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 $2.00 FEE FOR PROCESSING THIS FORM IF NO TAX
IS DUE.
TREASURER'S CERTIFI~AT)!:
I hereby certify that property taxes due .
County on the mobile home described hereon have been paid to and
including the year 19 .. '
/
Date
FORM REV 84 0003 (3L9:(10-5-94~1..
N
E
W
Name
CITY OF BREr4~HHON
Street
239 4TH STREET
City State Zip Code
aREr~eATON ItIA 98337
RO
EW
GN
I E
S R
T
E
R
E
D
Name
CITY OF BAEMERTON
Street
239 4TH STREET
City State Zip Code
RREC~ERTO~~ ltJA 98337
L
E
G
A
L
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REAL PROPERTY
PARCEL or ACCOUNT NO. 4502-020-001-0002
AFFIDAVIT
I Certify Under Penalty Of Perjury Under The Laws Of The State
of Washington That The Foregoing Is True And ,Correct.
Signa~~~of ,
(~!7gent / .
Name (print) MARCELLA M. SMITH
" DECEMBER 23, 1996
Date & Place of Slgmng: ___..____.,
unU;;J'f&:;;I'j I Vi\!
Signature of
Grantee/Agent
Name (print)
IAN R. S!EVERSo C~ty Attornoy
Date & Place of Signing: ~~~~~~~~<. 23, 1996
~ II
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$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...
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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
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KITSAP COUNTY PUBLIC
EMPLOYEES CREDIT UNION
253 4th STREET
BREMERTON, WA 98337.1812
fY\ O-.Ce \ \ C\ ~YV' ~ -\-h
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-
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
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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
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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.
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'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- ~~
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Sellers' Address:
Seller's Phone:
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,~ 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
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