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HomeMy WebLinkAbout9109200115Filed for Record at Re~est of: ~,.u~ L:H~ · P 20, ~, iO:~ AM -~, ~,NN, ~ AuD~TuR Name Bremerton City Clerk ~= F. ~: ~O92L}O~ t5 Address 239 Fourth Street Bremerton, WA. 98310 STATUTORY WARRANTY DEED (For Use in the State of Washington Only) THE GRANTORS, JAMES E. BATTLE and CHINTING BATTLE, husband and wife, and EMMITT TAYLOR and EARLEAN TAYLOR, husband and wife, for and in consideration of Twenty-nine Thousand Dollars ($29,000.00), 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: The NWl/4 of the SW1/4 lying East of the U.S. Navy Railroad right-of-way and situated in Section 2, Township 23N, Range 1 West W.M. SUBJECT TO: Should the City of Bremerton use this property for any other use than for municipal purposes before the year 2002, Sellers retain the right to repurchase this property for $29,000.00. Municipal purposes shall not include commercial~retail, residential or industrial development~ · /~,~i~ DATED this /" day of~.;;~l / .,,"JAMES E. BATTLE CHINTING B~TTLE \ \ KITSAP OOUNTY TRA~gAC~©N EXO~E TAX STATUTORY WARRANTY DEED -1- PA~D $~p 19 1991 COUN E~RLEAN TAY'L6~ - ~ ~ STATE OF WASHINGTON ) CO~TY OF KITSAP ) On this day, before me, the undersigned, a Notary Public in and for the State of Washington, duly co~issioned and sworn, personally appeared James E. Battle and Chinting Battle, husband and wife, to me known to be the individuals described in and who executed the within and foregoing instrument, and acknowledged that ~'slgned the same as their free and voluntary act and deed, for use~%~%~rposes therein mentioned. ./ ~.~>t~ ~ hand and offlclal seal this day of , ,, ~ ,/~ ~ ~? .... , ~ ~ ~i~,~, .,~', ~: ~, 1991. . ~. ~ "~,. '~ .<~.,'.'O-- My appozntment exDzres: .~.-~ ;z . STATE OF WASHINGTON ) cO~TY OF ) On this day, before me, the undersigned, a Notary Public in and for the State of Washington, duly co~issioned and sworn, personally appeared ~itt Taylor and Earlean Taylor, husband and wife, to me known to be the individuals described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary, act and deed, for the uses and purposes therein mentioned. ~~er my hand and official seal this. , 1991.// ~ day of __ ~o~r~-Publ~c in and for of STA )EED -2- REAL ESTATE PURCHASE AGREEMENT THIS AGREEMENT is by and between JAMN~ E. BAT'rLE and CHINTING BA'I-ILE, husband and wife, and EMMITf TAYLOR and EARLEAN TAYLOR, husband and wife, (hereinafter referred to as "Sellers"), and the CITY OF BREMERTON, a municipal corporation of the State of Washington (hereinafter referred to as "Bremerton"). 1. Descrintion of Parcels: Bremerton agrees to purchase and Sellers agree to sell and convey, upon the terms and conditions contained herein, that real property located in K;tsap County, State of Washington, consisting of approximately 6.8 acres, legally described The NWl/4 of the SW1/4 lying ga~t of the U.S. Navy Railroad right-of-way and situated in Section 2, Township 23N, Range 1 West W.M. (hereinafter referred to as the "Property"). 2. Cost of Parcel: Bremerton and Sellers agree that Twenty-nine Thousand Dollars ($29.000.00) is the purchase price to be paid in full upon closing 3. learnest Money: Bremerton shall pay One Thousand Dollars ($1,000.00) with submittal of this signed Agreement to Sellers, which shall be held uncashed until all parties have accepted this Agreement. 4. Contineencv of Aooroval of Title Encmnbrances: The status of the Seller's title willbe shown in a preliminary commitment for an owner's standard coverage ALTA form title insurance policy issued by Ticor Title Insurance Company, and delivered to Bremerton within fifteen (15)days of Bremerton's signature on this Real Estate Purchase Agreement. Said preliminary commitment shall have attached hereto 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 thereof 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 rezeipt 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 Purchaser's option, become null and vo,~d and all rights of the parties hereunder shall terminate. 5. Rieht to Enter Premises: Bremerton, or their authorized agent, shall have the right, at reasonable times, to enter upon the tract and make any and all inspections and to conduct and carry out said inspection, tests or surveys at their sole expense and liability. 6. Conveyance by Statutory Wgrranty D~d: At closing, fee title to the property shall be conveyed to the Purchaser by Statutory Warranty Deed, subject only to those ESTATE PURCHASE AGREEMENT -1- defects and encumbrances approved pux~ant to Paragr~ga 3 above. The sale on the above- described property shall be subject to tbe fialiowing eondifie, n, which shall b~ included in the Statutory Warranty Deed: Should the City of Breme~on use this property fo~ any o~,er use than for municipal purposes before the year 2002, ~ ~in th~ right to repurchase this property for $29,000.00. Municipal purposes ahalI nat.include commercial retail, residential or industrial tL-ve2ognmat>~. 7. Possession: Subject to the limil~l right of {m~'y pumamt to Paragraph 5 above, the Purchaser shall be entitled to possession of the tract it pureha~a ~ the closing of this transaction. 8. Escrow Closing, Aeent: This tran~fion ~ be ~ b~ tl~ Bremerton City Attorney's Office. 9. Closine Costs and Prorations: Sellers agree to pay f~r lt~ er~ to clear the Sellers' title to the property, including any delinquent property taxe~ and zny real estate ~'[;z ta~re!at~ te ~e~opexty-. Real estate taxes for the of assessments and year utilities constituting liens against the ~ shall be prorated a~ of closing. 10. Prooertv Dimensions: It is acknowledged that the oniy property dimensions represented in this transaction are those stated in the mom r~eentty ~c. orded legal description and/or plat map and that the Sellers and agents represen~g the Sellers herein, as parties to this Agreement, do not make. an7 representations as to tm: physical location of the above dimensions. Only a surveyor, licensed by [he State of Waahi~im~, can locate the actual property boundax3, lines and corners. Existing fences or other markings should not be considered as accurate unless evidence of a survey can be provi~d to substantiate them. 11. Closim, Date: This transaction shall be closed on or b~r: 5:00 p.m. on the termination date of this Agreement, which date shall be within 45 day~ af~ the date on which Bremerton signed this Agreement in Paragraph 22. 12. Attornev'sFees: In the event that Sellers or Bremerton ahali ~age an attorney or shall institute a lawsuit to enforce any fights pursuant to this ~, th~ successful party shall be entitled to, in addition to those costs and disbursement~ prodded by statute, a reasonable sum as attorneys fees, costs, and expenses incurred ia any ~ thereof. 13. Notices: All notices sent to Sellers or Bremerton pursuant m ~ Real Estate Purchase Agreement shall be sent by certified mail, remm rec~l~t n~quested, to the following addresses unless either party notifies the other in writing ora ~,~.g.~e, in address: REAL ESTATE PURCHASE AGREEMENT -2- For Sellers Sandra Jones Reid Realty, Inc. 3330 Kitsap Way Bremerton, Washington 98312 For Bremerton City Clerk 239 Fourth Street Bremerton, Washington 98310 Copy To William Duffy Utilities Director 239 Fourth Street Bremerton, Washington 98310 14. Thne ofl*~ence: Time is of the essence of this Real Estate Purchase Agreement. 15. 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. 16. 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. Rick of loss or damage to the Property and the personal property shall be borne by the Seller until the date of closing. Thereafter, the Purchaser shall bear the risk of loss. 17. Assignment: Neither Sellers' nor Bremerton'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. 18. H~d~s: The hearings of the paragraphs of this Agreement are inserted solely for the convenience of the parties and are not a part of nor intended to govern, limit, or aid in the construction of any term or provision hereof. 19. Entire At, reement: There are no verbal or other agreements which modify or affect this Agreement and Sellers and Bremerton agree that this Real Estate Purchase Agreement constitutes the full and complete understanding between Sellers and Bremerton. 20. Survival: Sellers and Bremerton 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. 21. Limitation on Bremerton's Time for Accentance: Bremerton shall have only until 5:00 p.m. on the ~l.0th day follqw.~ing the date of Sellers' signatures below to accept this REAL ESTATE PURCHASE AGREEMENT -3- Agreement ~y ~elivering ,~ ~ copy thereof to Sellers. If Bremerton does not so deliver a signed COlby ~ ~ ~ thi~ Agreement shall lapse and all rights of the parties hereunde~ ~ ~ CHINTING BA'I'I~ z EMMITT TAYLOR ~ EARLEAN TAYLOR SELLERS LOUIS MI=.NTOR, Mayor PURCHASER A~T: KATI-K.I=..f:N L. McCLUSKEY, ~ D~.PARTM~-NTAL APPROVAL: _ WILLIAM DUFFY, Director of UU3tli~ REAL ESTATE PURCHASE AG~ -4- APPROVED AS TO FORM: IAI¢~. SIEVERS, City Attorney REAL ESTATE PURCHASE AGREF~MENT -5- s~ ~nKITSAP COUNTY CHCK Filed for Record at Request of: · FiLED-BY: 8REMERTON CITY OF ~AREN FLYNN~ AUDITOR ~he~ ~eco~ded ~et~n to~ ~ER~:. CHIPPS Name Bremerton City Clerk ~. F. ): 9~D92DD~ 14 Address 239 Fourth Street Bremerton, WA. 98310 SATISFACTION OF MORTGAGE (For Use in the State of Washington Only) KNOW ALL MEN BY THESE PRESENTS: That Gene L. Daniels and Linda A. Daniels, husband and wife, and Jerald L. Eby, the owners of that certain mortgage bearing date the 9th day of April, 1981, executed by James E. Battle and Chinting Battle, husband and wife, and Emmitt Taylor and Earlean Taylor, husband and wife, to secure payment in the sum of Eleven Thousand Eight Hundred Twenty-two and 52/100 Dollars ($11,822.52), and interest, and recorded in the office of the County Auditor of Kitsap County, State of Washington, on the 16th day of April, 1981, being Auditor's File No. 8104160042, do hereby acknowledge that the said mortgage has been FULLY SATISFIED AND DISCHARGED, and do hereby authorize and direct the said County Auditor to enter full satisfaction thereof of record. IN WITNESS WHEREOF, we have hereunto set our hand and seal this ~ day of ~7~ , 1991. \\ GENE L. DANIELS SATISFACTION OF MORTGAGE -1- L. EBY ~ STATE OF WASHINGTON) : SS · COUNTY OF KITSAP ) On this day personally appeared before me GENE L. D~IELS and LINDA A. D~IELS, to me known to be the individuals described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. ~GIVE. N und~ m~~kd official seal this q~ day of ~~.~_ .. h~g.ton, residing at: STATE OF WASHINGTON) : ss. COUNTY OF KITSAP ) On this day personally appeared before me JERALD L. EBY, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. un d and official seal this ~ ~ day of __~, 19 clI %%~~.~ ~ %.?,.~-~ ~.:,. lota~y PubliCresiding at:in and for ~, ~ ~,~ . %~,. ashln ton ' My appointment expires: · '> CLOSING ST~%TEMENT SELLERS: JAMES ]~. BATTLE and CHINTING BATTLE; EMMITT TAYLOR and EARLEAN TAYLOR PURCHASER: CITY. OF BREMERTON LEGAL DESCRIPTION: The NWl/4 of the SW1/4 lying East of the U.S. Navy Railroad right--of-way and situated in Section 2, Township 23N, l~ange I West W.M. AMOUNTS DUE SELLERS Total Purchue Pr_ice $29,000.00 Less pay-off to Gene L. and Linda A. Daniels and Jerald L. Eby with per diem rate to 9/9/91. ($2.66 daily accrual). 9,797.71 Less Real Estate Commission to Reid Realty pureuant to Addendum Attached 2.000.00 Cash payment payable to Sellers at closing $17,202.29 ADD Purchaser's Closing Costs to to Cash Payment Payable ~t Closing: Title Insuranoe Premium $286.75 Recording Fee for Satisfaction of Mortgage and Statutory. Warranty Deed 16.00 Total Purchaser's Closing Costs $302.75 (302.75) TOTAL CASH REQUIRED FI~OM PURCHASER TO CLOSE $17,505.04 NOTE: It is further understood and agreed by all parties hereto t~hat 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 ~ day ~f ~, 1991. ~ \\ /JAMES E. BATTLE j CLOSING STATEMENT -1-- CHINTING B~LE ~.~ EMMIT~- ~YLOR ~ ~ EARLEAN TAYLOR CITY OF BRE~KTON _ LE~LA MILLS Attorney for City of Bremerton CLOSING STATEMENT -2- ADDENDUM TO ~,.., ,~., .,, o.,. ~ REAL ESTATE PURCHASE & SALE AQREEMENT ~ Addendum e ]' ------~-Se-~--e.'r-~-?--n- ....., Wasi'fing~on, Augue~:: 7 199~. The seller_~s he:~by_a~ee to have $2000.00 p&~d to Reid Realty, Inc/EIIA from ~he ~roceeds of this sal~__a~_~.l, os~ng. __ This is she total compensation/Brokerage Fee for services rander~d. Post-it" ~¢and f~x transm~a{ memo AttaC~ed to and make ,3 part of EarneSt Money Agreement dated 8-7-91 between City of BremertO_~ ,~ ~), REAL ESTATE EXCISE T X PLEASE TYPE OR PRINT CHAPT..ER 458-61 WAC :- PERMANENT ADDRESS 2~*~I:~ [*~.3j~-r:.i~ ~,~ ~.![. i~e ~,'~;i/~ ':~f t ~-~ 5~J,/4 ;y~!~ ~t:,~i. ~,,f ,~.=la .,*~. (~ Isthispropertycurrently: YES NO (~ Descriptionofpersoneipropertyifincludedinsale(furniture, ap- Classified or designated as forest land? [] [] pliances, etc.) Chapter 84.33 RCW Classified aa current use land (open space, [] [] ,farm and agricultural, or timber)? Chapter 84.34 RCW If exemption claimed explpirj ~ Exempt from property tax under nonprofit [] r'~ ~.~=~ [~sJ ii ~. =C ~ organizations Chapter 84.36 RCW? Receiving special valuation as historic [] property under Chapter 84.26 RCW? [] land with previously [] land with mobile home Gross Sale Price 1 / $ ~) interest corporate affiliates, related parties, 1 [] 2 [] · c. Doesthiaconveyancedivideacurrentparcelofland? 1~] 2[~ t [] agricultural 2 [] condominium 3 [] recreational d. Does seie include current crop or merchantable 1[] 2[] 4 [] apt (4+ units) 5 [] industrial 6 [] residential timber? 7 [] commercial 8 [] mobile home 9 [] timber FORM REV 64 0030 3m (9/87) -1laS- TAXPAYER BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: August 21, 1991 ORIGINATING DEPT: Utilities Real Estate ORIGINATOR: William Duffy, Purchase Agreement - Utilities Director James E. Battle and DATE SUBMITTED: August 15, 1991 Chinting Battle; Emmitt Taylor and Earlean Taylor; S: (Comment on back if necessary) 3. EXHIBITS: Real Estate CITY ~TORNEY Purchase Agreement ENDORSEMENT [] INFORMATION [] APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: MAYOR COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION: The attached agreement is for purchase of a 6.8 acre track of land abutting th U.S. Navy Railroad right of way south of Old Belfair Highway. This property i adjacent to the City owned watershed. The purchase price is $29,000.00 payabl by October 5, 1991. Acquisition of this property is necessary to further protect water resources per Federal Safe Drinking Water Act regulations. S. RECOMMENDATION: Approve proposed agreement. 9. REBPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIBATION DATE: REVIEW DATE: 10. NOTICE OF ACTION [] TABLED [.~~DXDISAPPROVED [] AMENDED [] DATE: ~11~ 91 ._'~99~ PULLED COUNCIL DIRECTIVE: (OVER) OFFICE OF THE CITY ATTORNEY · IAN R. SIEVERS, CITY A'I'FORNEY America's Most Liveable City September 13, 1991 Pioneer Title Company 706 Pacific Avenue Bremerton, Washington 98310 Battle-Taylor/City of Bremerton Transaction Commitment No. J-118664 TO WHOM IT MAY CONCERN: ~tease find enclosed with this letter a check in the amount of $286.75, as and for the title insurance premium on the above- referenced transaction. Please issue your title policy to the ~r~me~con City Clerk, 239 Fourth Street, Bremerton, Washington 98310. Please feel free to call our office if you have any questions in ~is regard. X~nkyou. /-~_r? ~'~11~ your~ /~E R. DIXON '~al Assistant ~lo~ure: as cited ~: Ms. Kathleen McCluskey, Clerk 239 4TH STREET · BREMERTON, WA 98310 · (206) 478-5345