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Home My WebLink About9601290248 Filed for Record at Request of: tGTSAP COUNTy",,,,.JM."" $8.00 - CHCK FILED-BY: BREMERTON C!TY OF, JAN 29, 1991n 4: 20 Pn " KAREN FLYNN, AL~ITOR CLERK: MILLER fi>, -'. When Recorded Return to: ,~' Name Bremerton city Clerk Address 239 Fourth street A.Fo#: 9601290248 REEL 0894 FR 3160 Bremerton, Washinqton 98337 4338 "H" Street - Moberg STATUTORY WARRANTY DEED (For Use in the state of Washington only) THE GRANTORS, LARRY D. MOBERG, a single person, 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: PARCEL A: THE SOUTH 25 FEET OF THE EAST 50 FEET OF LOT 10 AND THE EAST 50 FEET OF LOT 11, BLOCK 14, BREMERTON HEIGHTS, RECORDED IN VOLUME 3 OF PLATS, PAGE 41, RECORDS OF KITSAP COUNTY, WASHINGTON. PARCEL B: THE WEST 25 FEET OF LOT 12 AND THE WEST 25 FEET OF THE SOUTH 25 FEET OF LOT 13, BLOCK 14, BREMERTON HEIGHTS, RECORDED IN VOLUME 3 OF PLATS, PAGE 41, RECORDS OF KITSAP COUNTY, WASHINGTON. PARCEL C: LOT 12; EXCEPT THE WEST 25 FEET; AND LOT 13; EXCEPT THE WEST 25 FEET OF THE SOUTH 25 FEET; LOT 14, BLOCK 14, BREMERTON HEIGHTS, RECORDED IN VOLUME 3 OF PLATS, PAGE 41, RECORDED OF KITSAP COUNTY, WASHINGTON; EXCEPT STATE ROUTE NO.3. day of ~&~4~ , 1995. DATED this Z '7 ~D.~~B~~ \\ \\ STATUTORY WARRANTY DEED -1- MOBERG.S~D- ~est Hills Closings - 12/18/95 STATE OF WASHINGTON) SSe 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 LARRY D. MOBERG, a single person, 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. "".".,.'\0'110",. "~,, 'H ,... Vi '., d ff' . 1 1 th' ~C+k~\\~...:~J;f "/"'< .' an 0 lCla sea lSc::><. 1~1'~Q,Y:",o.~,,: :....q ',,~L, , 19 9 5 .. {;~;~~:. ;I}i~'ilI(; t;~' \ ~~~~:~' L. . n I \ J "f'''''' ..H. >",.\"> ('if.;'," .~ :'" ~ ~ \;- J \J'-J~.'< .....~~i~l!;.i,..:'"~,..;: j-~'~~F:' ubllC ln a d for the;;':'St:.p;t~~'bf..t.'o..~~. Eh':" shinq on, residing at port~orcR~fd~'~s4j . .; . 'J " My appointment expires: 10/29';I,9.8q,;> ..,'~\ ~ II" " , t.' ~ I " \ \ \ NO S~~ KITSAP COUNTY TRANSACTION EXCtSE.T AX PAID JAN 29 1996 0 AMOUNT 1/ /3;1 (0 L- ;~UJt)&j~~ER ."':~I ." AoFo~: 960~290248 ~EEL 0894 FR 3161 STATUTORY WARRANTY DEED -2- MOBERG.SWD- West Hills Closings - 12/18/95 .' , \ 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 4338 "H" STREET. BREMERTON. WASHINGTON, and legally described as follows: SEE ATTACHED EXHIBIT "A" 1. PURCHASE PRICE: The total purchase price is SEVENTY-FOUR THOUSAND, FIVE HUNDRED Dollars ($74.500.00). 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 commi tment 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- REPSA.AGT - Agreement Forms - 3/15/95 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 remaining oil in fuel tank, the amount to be determined by the supplier. 6. POSSESSION: k/h 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 responsibility of Sellers. 7. CONDITION OF PROPERTY: Purchaser offers to purchase the property in its present conditions 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 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 wi thin 45 days after preliminary commitment for title policy is delivered showing title insurable, as above provided, but in any event not later than the 3 I day of JA-,..hVW,:/ 9 e:. , 19 9 h , upon which date the agreement shall terminate. The Purchaser and Sellers shall deposit with the Bremerton City REAL ESTATE PURCHASE AND SALE AGREEMENT -2- REPSA.AGT - Agreement Forms - 3/15/95 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 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. 12. 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 covering, 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, awnings, ventilating, cooling and heating systems including build 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. ATTORNEY'S 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 attorney's 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- REPSA.AGT - Agreement Forms - 3/15/95 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. \2\\\V15 Date CITY OF B~TON BY:~.J . LY N HORTON, Mayor" PURCHASER of Public Works & utilities Attorney Purchaser's Address: Bremerton City Hall Attention: Kathleen L. McCluskey, Clerk 239 Fourth Street Bremerton, WA 98337 Purchaser's Phone: (360) 478-5290 ******* On this date .J () A.J" V 9 .s- , 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. oZ'~ ~ Sellers' Address: 4-J16 1-1-. 5"r J5..etf-Y-t 67e ICJ.--J I vJ.,4-. 1~51?- Sellers' Phone: J77 -7 z. 3 0 ..f5'N' r.JI-)t) -1'7 75- REAL ESTATE PURCHASE AND SALE AGREEMENT -4- REPSA.AGT - Agreement Forms - 3/15/95 .." . A hereby ******* true, copy of ~egOing agreement sig~~~ellers is recelved on~/J' 7 ' 19~. =-!?~RS Brernerton City Attorney/ Agent for Purchaser RECEIVED FOR FILING: ~~~ ~(Q~ 'L-4 KATHLEEN L. McCLUSKEY, /CITY CLERK REAL ESTATE PURCHASE AND SALE AGREEMENT -5- REPSA.AGT - Agreement Forms - 3/15/95 ...-; . ATTACHMENT "A" TO REAL ESTATE PROPERTY PURCHASE AGREEMENT MADE TO MR. LARRY MOBERG OF BREMERTON, WASHINGTON LEGAL DESCRIPTION OF PARCELS OWNED BY MR. LARRY MOBERG AT 4338 "H" STREET, BREMERTON, WA 98312 TAX ID NUMBER: 4502-014-010-0103 BREMERTON HEIGHTS BLK 014 LOT 010 D-01 S 25FT OF E 50FT OF LOT 10 E 50 FT OF LOT 11 TAX ID NUMBER: 4502-014-012-0002 BREMERTON HEIGHTS BLK 014 LOT 012 D-OO LOT 12 EXC W 25FT & LOT 13 EXC S 25FT OF W 25FT EXC ELY PTN TO S/HWY, SR 3 PER AUD NO. 987811 ALSO THE PTN OF LOT 14 BLK 14 LYING SWLY OF A LN DRWN PLW & 110FT SWLY WHEN MEAS RADIALLY FR THE DC2 LN SURVEY OF S/HWY ROUTE 3 PER AUD NO. 1132320 TAX ID NUMBER: 4502-014-012-0101 BREMERTON HEIGHTS BLK 014 LOT 12 D-01 W 25FT BLK 014 LOT 13 S 25 FT OF W 25FT