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HomeMy WebLinkAbout9005040193 THIS SPACE PROVIDED FOR RECORDER'S USE: Title FILE5 ' First American Insurance Company 90 PH 2: SO Filed for Record at Request of CHARTER TITLE CORPO~TION ~Name The City of Bremerton Address 239 4th S~ree~ City and State Bremertou, Dashin~ton 98310 16662/5222 Statutor Warmntv Deed THE GRANTOR HILLCREST ASSEMBLY, a Washington non-profit corporation for and in consideration of TEN DOLLARS ($ !0.00) AND OTHER GOOD AND VALUABLE CONSIDERATION THE CITY OF BREMERTON, a municipal corporation of the in hand paid, conveys and warrants to State of Washington the following described real estate, situated in the County of Ki t sap , State of Washington: AS SET FORTH IN EXHIBIT "A" ATTACHED HERETO WHICH BY THIS REFERENCE IS MADE A PART HEREOF SI~CT TO: Easement as recorded under Recording No. 595366 (AFFECTS PORTIONS OF LOTS IN BREMERTON HEIGHTS). Covenants contained in instrument recorded under Recording No. 7911070]]0 (AFFECTS ROADWAY WITHIN PLAT OF BREMERTON HEIGHTS). KITSAP COUNTY TRANSACTION EXCISE TAX PAID MAY 4 ~ AMOUi~ i CO UNTY.TI:~EASU~ER Dated May 4 , 19 90 BY ~/~ HILLCREST AShY / /~ Al~nsg~ President STATE OF WASHINGTON STATE OF WASHINGTON COUNTY OF COUNTY OF Kitsap On this day personally appeared before me On this_ ~ day of ~ay , 10~0 , before me, the undersigne& a Notary Public in and for the State o[ Washington, duly eom- missioned and sworn, personally appeared ~1 Baunsgaurd and S. LaVerne Law to me known to be the indihdual(s) described in and who executed the within and foregoing instrument, and and XX ~ ' acknowledged that signed the same to me known to be the_ President and ~Secretary, as free and voluntary act and deed, respect ew, o~ for the uses and pu~oses therein mentioned, the corporation that executed the foregoing ~s~men~ ment to be the free and volun~ act and deed of said c~ my hand and official seal this therein mentioned, and on oath,stated that th~ GIVEN dayof ,19 .... authorized ~ execute the saidinst~ment and that the ~1 af ~ed is th~rporate ~e~aid corporation. ~ ~ ~. ¢ ~ $o~eublicinandfortheS~mofWas~n~n, resid~gat ~~J~( j i,~ ~ ~d'~* My Co~ission Expires: 12/I/92 LPB40 (6/84) 16662F-R EXHIBIT "A" (2ND REPORT) LEGAL DESCRIPTION LOTS 1, 2, 3, 4, 32, 33 AND 34, BLOCK 1, GOODFELLOW'S NAVY YARD TRACTS, AS PER PLAT RECORDED IN VOLUME 3 OF PLATS ON PAGE 52, RECORDS OF KITSAP COUNTY; LOTS 6, 7 AND 11, BLOCK 1, BREMERTON HEIGHTS, ACCORDING TO PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE 41 IN KITSAP COUNTY, WASHINGTON. LOT 5, BLOCK 1, BREMERTON HEIGHTS, ACCORDING TO PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE 41, IN KITSAP COUNTY, WASHINGTON. LOTS 8, 9 AND 10, BLOCK 1, BREMERTON HEIGHTS, AS PER PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE 41, RECORDS OF KITSAP COUNTY; THOSE PORTIONSOF LOTS 1, 2, 3 AND 4, BLOCK 1, BREMERTON HEIGHTS, AS PER PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE 41, RECORDS OF KITSAP COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE SOUTH 112 FEET ALONG THE WEST LINE OF SAID LOT 1 TO THE TRUE POINT OF BEGINNING; THENCE EAST 138 1/4 FEET, MORE OR LESS, TO THE EAST LINE OF LOT 2; THENCE CONTINUE EAST PARALLEL TO THE NORTH LINE OF SAID LOT 3, A DISTANCE OF 30 FEET, TO THE WEST LINE OF THAT PROPERTY CONVEYED TO ELSIE PROCTER BY INSTRUMENT RECORDED UNDER AUDITOR'S FILE NO. 966394; THENCE SOUTH 16 FEET, PARALLEL WITH THE WEST LINE OF LOT 3; THENCE WEST 168 1/4 FEET, MORE OR LESS, TO THE WEST LINE OF LOT 1; THENCE NORTH 16 FEET, ALONG THE WEST LINE OF LOT 1, TO THE TRUE POINT OF BEGINNING; AND THE WEST 3O FEET OF LOT 3, BLOCK 1, SAID PLAT OF BREMERTON HEIGHTS; EXCEPT THE WEST 5 FEET OF THE NORTH 112 FEET; AND EXCEPT THE WEST 5 FEET OF THE SOUTH 112 FEET; AND EXCEPT THE NORTH 10 FEET; AND THE EAST 10 FEET OF LOT 4, BLOCK 1, SAID PLAT OF BREMERTON HEIGHTS; EXCEPT THE NORTH 10 FEET; LOTS 3 AND 4, BLOCK 1, BREMERTON HEIGHTS, ACCORDING TO THE PLAT RECORDED IN VOLUME 3 OF PLATS ON PAGE 41, RECORDS OF KITSAP COUNTY; EXCEPT THE NORIH 10 FEET OF SAID LOTS 3 AND 4; AND EXCEPT THE EAST 10 FEET OF SAID LOT 4; AND EXCEPT THE WEST 30 FEET OF SAID LOT 3; SITUATE IN KITSAP COUNTY, WASHINGTON. t539 2419 9005040193 MI.% Bremerton ,Washington April 9 ,19 90 Received fi'om C;J,t¥ of Bremerton hereinafter called Buyer, the sum of Tan Thousand and no/1OO ............................... -Dollars in the form of: [] a check for $ , [] cash for $ , :t~lgnment of~nds for $ , note fo:- $ 10~000.00 due Hay q~ 1950 I~l (copy attached), which has been deposited with Agent designated herein and who is authorized to hold said deposit as earnest money (Agent shall deposit the ea,'nest money check only after this agreement has been mutually agreed upon by Buyer and Seller) and :ts pa~ payment on the purchase price of the following described real estate, which Buyer agrees to buy and Seller agrees to sell, located in KJ.t sa~0 County, State of Washington, commonly known as; Oyster Bay Ave. 5.41 Acres Zip Parcel # , and legally described as: See Addendum {t ~ (Buyer and Seller authorize Agent to altach the legal description of the above properly and/or correct any legal description enter(d). [~ See addendum for legal. PURCIIASE PRICE: The total price Is Two Hundred Twenty Five Thousand and no/100 ............. -nlollars ($ 225:000.00 ) payable as follows: Al~ Cash at Closing 1. [~[ A'YFACilMENTS: The followlng attachments/addendums are part of thls agreement: Terlas and Conditions as stated 'in Addandum # 1 made part of th'In a_or~smt~nt- hy th~l~ 2. [] SALE OF BUYER'S PROPERTY CONTINGENCY,, This agreement is conditioned on the sale of Buyer's proper{y, (See a.ached Sale of Buyer's Property Contingency Agreement). 3. FINANCIN(;: If financing Is required, Buyer agrees to make application for the same within DNA business da}~ after llotifh:a. linn of Seller's acceptance. IF FINANCING IS NOT OBTAINABLE, EARNEST MONEy (I,ESS APPRAIS^L FEE, CREDIT REPORT ^ND C^NCEi.. I.ATION FEE(S). IF ANY) shall he refunded to Buyer Buyer and Seller herein a~lthorlze Agent to diablo'se fluids from lhe t~nlst acco~nlt payment of credit repoct and appraisal fees pi'lot to (:losing, 4 SOILS: Tills offer is contingent on: ~ an engineered on-si~e wxste disposal ~tem acceptable to the Ilealth Depa:amc~t ~ a land devel¢~pment review approved by the I lealth Deparl sent ~ not applicable. 1 lnlesg olhe~tse slated, Buyer's tnlended use is any usc which SEEI.ER'S REPRESENTATIONS: Seller wa~anls that the following is acce~sable from tile subject prope~ay: (al ~ public/commun watel-maill ~ well ~ sanllal~seWel-~ sepilc~tem ~ ccsspool~ g~maln~ eleclrlcpowcr~ uo~c of thc fnreg.inR, (h) that thc followings Is available: ~ telephone~ cable ~, (c)~ Ihat Ihere lsa Condomhlh~m or Home Ox~alec fcc. (d) that Seller will 7. SIIORTPI~T: 'l'heprope~ay ~h~been ~ shallbe ~h~notbeensho~plalled. lfithastheMio~platnumheris , which was I'eC(nxled on ,19~ 9. CONDITION OF TYI~.E: Title to the prope~y Is to be free of all encumbrances or defecL~ except (i.e., I~111), etc.): Those -- he te~anit~atcd and lhe earnest money shall be refilnded to Buyer. leo a~y costs incu~ed or advances made by Affe~at for Buyer, tntle~ Buyer (al If this is for conveyance of fee title, title shall be conv~ed by WalTonW Deed, free of encumbrances ~cept those noted above. lhepurchase price on Real Estate Contract Fol~ LPB~4 or LPB~5, a copy of which Is hereby lende~d Io the parties and attached hereto. fin? rq~hl lo make any paymcnls necemm~ lo remove Ihe default, and payments so made shMI be applied lo the paymenl~ next fallin~ disc on file contra~:n ¢~"~ ~~ Seller and Buyer herehl. (~ 6 SELI?.~ ~~ ) .PAGE 10F2. BI~ER - "5 (. ) 6 (d) If this agreement Is for sMe and transfer ofvendee's Interest under existing real estate contract, the transfer shall be by Buyer's ~.~lgnment of contract and deed sufficient In form to convey after title Is acquired. 12. CLOSING COSTS AND PRO-RATIONS: The cost of escrow shall be shared equally between Buyer and Seller, except those fees which are expre~ly limited by Federal Regqdatlon. Seller shall paythe excise taxat closing. Taxes for the current year, rents, interests, A~soclatlon and/ or llome Owner's fees, water and other utility charges, if any, shall be pro-rated as of the date of closing unless otherwise agreed. 13. CLOSING OF THE SALE: With the understanding that T~ME IS OF THE ESSENCE: the desired date of closing shall be on OR BEFORE i May ,19 gQ , but ln any event NOT LATER THAN ;, May ,19 qfl , which shall also be the t ermlnatlon date o{thls agreement, unle~.~ exlended In writing. Buyer and Seller shall deposit, when notified, w~thout delay, In escrow wit h Charter TitLe , all Instrumen[~ and monies required to complete the transac- tion In accordance with this agreement, Closing, for the purpo.e,e of this agreement, Is defined as the date that all documents are recorded and the sale proceeds are available for dtsbua'sement, If prior to closing, improvements on said proper~y shall be destroyed or substantially dam.aged by fire, human action, or other cam~alty, this agreement, at the option of Buyer, si~all become void. liS. POSSESSION: Buyer shall be entitled to pnmesslon on ~'~ closing or [] 15. I)EEAIILT: In tile evenl of defaul[ by Buyer, It Is agreed that the earnesl money shall be forfeited as liquidated damages unlev, s Seller elects to enforce th~s agreemenl, or seek damages for breach thereof. If the earnest money Is forfeited as liquidated damages, sak! money si~alk after deduction of expenses incurced by Agent on behalf of the principals, be divided equally between Seller and Agent, provided, however. that the amount (]Lie Agent shall not exceed the agreed brokerage fee, In the event that Buyer, Seller or Agent shall commence proceedings or Institute suit to enforce any rlghL~ hereunder, the prevailing pm~y shall be entitled to costs and a reasonable attorney's fee. 16. AGENCY DISCLOSURE: At the slRnine of this agreement the selling agent (insert name of sellln~ agent and broker) Stephen D. Austin o£ HJ/ghf'ield & Myers, Tnt. represented the se'l_lier a~d the IisOng agent (Inse~ name of listing agent and broker) Steohen D. Austin of Hic, hfield & Myers. Inc, represented the SelLer Each palsy Slgllhlg this document confirms lhat prior oral and/or w1'ltten disclosure nf agency war provided hhll/her Ill Ibis transactlo~l. concerning the prope~ay unlem the facts are staled have been either (a) included as contingencies fi.- the purchase or (b) independently BUYER ACC'EPTS TIIE PROPERTY, BUILDINGS AND IMPROVEMENTS IN TIIEIR PRESENT CONDITION, AS IS. Bi;YER IINDERSTANDS TIfAT AGENT'S KNOWLEDGE OF TIIE PROPERTY ItAS BEEN SOI.EY OBTAINED FROM PERSONAL OBSERVATION, AND REPRESENTA- TIONSMADE BYSEI.LER. TIIEREltAVEBFEN NOVERBA[.OR OTI1ERAGREEMENTSWltlQIi MODHZYOR AFEECTTIlISAGRF. EMENT. TIllS AGREEMENT CONSTITUTES TIlE FULL UNDERSTANDING BETWEEN SELLER, BI;YES AND AGENT. Buyer hereby acknowledges receipt to Agent shall be considered given to Buyer. S~ller shall have until ~l~/pm, _Ap~4_~ 90 ,10 ~0 , to BUYER'S SIGNATURE LOUIs Mentor, MR~fo.r Selllngt~cy ~/ ~ /2 __ ~ ~ Phone 692-6102 / 871-4766 ~'uy'--er'sP,~,.entAddre.~: I N ~ ~ ~ 'ATTORNEY C0eork'~ (H----on,e) 239 4th Street l.lstlngAgentT Hi~hfield & M~ers~ Inc. Bremerton~ Wa Zip. 98310 ListlngAgent Stephen D. Austin 692-6102 (Pdnt nam~ 1-4766 Phone 478-5266 /. Phone ./ (Work) (Home) (Work) (Home) 19. SELLER'S ACCEPTANCE: t~' MI /0 , 19 qO · Selleragrees tosell theproperty on the termsand conditions speclfled hereln and further ag p.y g , g, p , p y gq- ed to ln the llsting agreement dated .l'.an~mry 17 ,19 91') ,and/orreferencedbyMLS#. ,or {-] as may be set forth in the F~crow Instruction Form, Seller acknowledges receipt of a copy of this agreement, signed by both parties. _ ~am/pm~ , 19 , within which to accept same. ~f' /'~ ...... C' A1 Bauns~ard. President .~rL~.L~'S SIONA'I~R"E~.~.~ ~') Seller's Name Printed Phone 692-1555 ./ 692-5949 SEI.LER'S SIGNATURE (Work) (Home) Seller'sAddre~s: 6750 State Hw~ 303 NE Bremerton~ Wa 98310 (If other than listed property) / Mortgagee's Name Seller's Loan # Mortgagee's Phone /t Mortgagee's Address City State Zip 20. BUYER'S RECEIPT: A true copy of the forgoing, signed by Seller ts hereby received. BUYER BUYER DATE , 19__ DATE , 19.__ Broker's review line Date ,19 -PAGE 2 OF 2- ADDENDUM # 2 TO EARNEST MONEY AGREEMENT DATED 9 APRIL 1990 BETWEEN HILLCREST ASSEMBLY AS SELLERS AND THE CITY OF BREMERTON AS PURCHASER. · LE.G~DESCRZPTZONS: .//'//ets 1, 2, 3, 4, 32, 33 end 34, BZock ~, GOODFELLOW'S NAVY YARD TRACTS, ae per // recorded in Volume 3 of Pletl on Page 52, recorde of Kitsep County; f Situate tfl Kttsap County, Washtngtofl. Lots 6~ 7 end 22, 8iock ~, BREHERTON HEIG~S, according to pint ~eco~ded tn VoIu~e 3 of plats, page 4~ Jn K~tsap County, ~eshtngton. Lot 5, Block 2, BREHERTON HEIGHTS, according to plat ~eco~ded ~n Volume 3 of Piers, page ~. tn K~tsap County, Heshtngton. lotm~l~ 9 end [0, Block ~, BREHERTON HEIGHTS, e~ pe~ pier ~eco~ded tn Volume 3 Picts, page 4~, ~eco~ds o~ KJtsep County; Situate tn K~tsap County, ~esh~ngton. These potions of Lots ~, 2, 3 and 4, BIock 2, ~REHERTOH HE[GHTS~ es per plat ~e- co~ded ~n Volume 3 of Pinta, pegs 4[, ~eco~ds nE Kttsep County~ desc=~bed as Beginning et the No~t~est co~ae= of said Lot 2; thence South ~2 feet stung the ~est [~ne oZ sa~d Lot [ to the T~ue Point of Beginning; thence East ~38 ]/4 ~eet, more o= less, to the East l~ne of Lot 2; thence cont~nue East pa~aIie[ to the No~th l~ne of se~d Lot 3~ · distance of 30 feet, to the He~t [tne of that p~ope~ty conveyed to Elate P~octe~ by instrument ~eco~ded unde~ Auditor's File No. 966394; thence South [6 feet, pa~ai~e[ with the ~est I~ne o~ Lot 3; thence ~est ]68 2/4 ~eet~ ~o~e o~ tess, [o the ~est ]~ne o~ LoC 2; thence No,th ~6 ~eet, aiong the ~est [~ne o~ lot ~, to the T~ue Point of ~egtnn~ngT AND The ~est 30 feet of Lot 3. ~Iock [, sa~d pict o~ B~emerton Heights; EXC[PT the ~est 5 ~eet of the Ho~h ~2 ~eet; AND EXCEPT the ~est 5 feet of the South ~2 ~eet; AND EXCEPT the No~h ~0 feet; ANO The East ]0 feet of Lot 4, B[ock 2, said pict ~f B=eme~on Heights; EXCEPT the No~h 20 feet; SUBJECT TO the East 30 ~eet of the ~est ~5 feet of Lot 3 ~o~ ~oad purposes on[y to be used by o~neTs of p~operty bo=dewing on the ~est s~de. Se~d ~oad ~o be used ~n co~on by o~ne=s o~ pTope~ bo~de=tng on East side Lots 3 end 4, Block [~ BREHERTON HEIGHTS, according to the pint ~eco~ded ~n Vo[u~e 3 o~ Pints on Page 4[, ~eco~ds of Kttsep County; EXCEPT the He,th ~0 feet of sa~d Lets 3 and 4; AND EXCEPT the East 20 feet of se~d Lot 4; AND EXCEPT the Heat 30 feet of se~d Lot 3; S~tuate ~n K~tsep County, Hash~ngton. TOGETHER ~[TH the loitering 3 easements fo~ ~oed and/o~ pub]~c utilities under end ac~oss the foIIo~ng described p~operty: EASEHENT Starting at the No~th~est co~ne~ of Lot 2~ Block ~, BREHERTON HEIGHTS; thence South [~2 ~eet along the Hast [the of ~aJd Lot ], to the T~ue Point of Beginning; thence East 238.25 feet~ ~ore o= ]esa, to the East ~tne of Lot 2; thence continuing Eastward en edd~t~oneI 30 ~eet trite Lot ~, panelist u[t h No~h [~ne of Lot 3; thence South ~6 feet, panelist ~th the ~eeC [tne o~ Lot ~; thence ~elt'~68.25 ~eet, more4 o~ )ess~ to the Heat ~ne of Lot 2; thence He,th 26 feet, along the ~est of Lot ~, to the T~ue Point of Beginning. EASENENT Starting et the Horth~est corner of Lot 3; thence East a~ong the Ho~th [the of Lot 3, e d~stence of 5 ~eeC to the True ~o~nt of Beginning; thence continuing East a~ong NoTth [~ne of Lot 3, e d~stance o~ 25 ~eet; thence South [28 ~eet ~th the ~est [~ne of Lot 3; thence ~est 30 feet to the Heat tine of Lot 3; thence No,th [6 feet; thence East 5 feet pa~a[~e[ ~th the No~th [~ne o~ Lot 3; thence North 112 feet porallel with the West line of Lot 3 to the True Point of Beginning; EXCEPT the North 10 ~eet. EASEMENT ~3: Starting a: the South~es: co~ne~ of Lot 3; thence Eas: a~on~ the Sou:h Z~ne Lo: 3, a distance of S feet ~o the T~ue Point of Beginning; thence continuing East e~ong South ~ne o~ Lot 3, a dtstance of 25 feet; thence North Z28 feet ~th the Neet ~ne o~ Lot 3; thence Neet 30 ~eet to Nest ]~ne of Lot 3; thence South 16 feet; ~hence East Z2 feet; thence 5outh 32 leer; thence Neet 7 feet; thence South OO feet petaZZe~ ~:h the Nest ~ne of Lot 3, to the True Po~n: of Beginning; S~tuate ~n KJtsep County, Nash~ngton. ADDENDUM # 1 TO EARNEST MONEY AGREEMENT DATED g APRIL ~r¢O BETWEEN H ILLCREST ASSEMBLY AS 8EI.,.LERS AND T'H~ CITY OF B[EME F~ON AS PIJRCHASER~. 21. ~.NT_.!~_GE~h!CIES: fh~s offer is contingent t.lpon: A. The F'urd~aser obtaininq at F'ttrchas~r ' ~ expense an of T'wo Hundred 'T~en tv Five 'rhousand ;)o]. ].ar~ ($225,000) . B. ~ppro',~[ o~ this offer' by the Brmmerton City Co,~ncil. o CONTINGENCY REMOVAL: Al} continqencies to be ~-emoved by 27 Apt-ii ~= RIGHT TO ENTER¢ Seller qrants Purchaser or employees of the Purchase~' F'urchm~er's ass~qns the rJqht to ~nte~' the mub~mct prop~r~v Cot the purposes o~ conducting engineering ~udi~s, soil samp]es, su~-,/e~ or any other te~ttng required by ~h~-= sha] 1 allow no liens to be pieced a~a~n~ eh¢ 24. S_(~:~.R~ ~]R_[S~NTA'.T~_O.N~-,. W~NZ.IEs ~ND CO?EN~NTSE A. that t;itle ~o the premise~ will be fr~ mod clear ~]] encumbrances, ].lens, claims, defects, cond~t~nns or restrtc:~ion~ except: tho~e disclosed Sn pre] ~mJnary commitment ~or t~tle ins ranc~.~ and approved in writinq by the P,~rchaser.. B. lhat to the best of Seller knowledqe there ha~ been no p~.oduceion, disposal or stor~qe o{ any hazardou~ o~' other' toxic substance on, in, under o~' adjacr~nt pt~em~ se~. Se] ]er shal 1 ex~tJte ,~nd del ~ Purchaser at clo~in~ an ~ffidavit to this ef~ezt, C. That Se] ]e~* knows of no covenants of" aqrm~n~r affectin~ the premise~ which are not rr~co~-d~d re{)ected ~n the prel~m~nar~ comm~men~ ~or Ka~ ~lumkey, Clerk /-% ~ ~pp~E~ TO FORM: IAN R. ~SIEVERS, City Attorney ADDENDUM #5 'TO EARNEST MONEY AGREEMENT DATED 9 APRIL., BETWEEN HILLCREST ASSEMBLY AS SELLERS AND I-HE C;ITY OF ~REMERi'I]N AS PURCHASERS. 25. Paeagr-aph #22 o¥ Addendum #1 Modi¥ied as All contin..qencie~ to be r'emoved pMJ(]~' to closin.q~ F'~esident Hillc~est A~sembly Ma~/oe C~ty of Br~eme~ton A"I TES'I': ~ "1'0 FORM: lan R. Sieveps,~ City At tor~ney 5222 16662 Form No. 1402 (10/21/87) ALTA Owner's Policy POLICY OF TITLE INSURANCE ISSUED BY First American Title Insurance Company SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. First American Title Insurance Company BY PRESIDENT · H Form No. 1402 (6/87) ALTA Owner's Policy Schedule A SCHEDULE A File No. 16662 Policy No. 103304 Amountoflnsurance$ 225,000.00 Premiums 760,00 Date of Policy MAY 4, 1990 a.m. AT 2: 50 p.m. 1. Name of Insured: THE CITY OF BRENERTON, A r4UNICIPAL CORPORATION OF THE STATE OF WASHINGTON 2. The estate or interest in the land which is covered by this policy is: FEE SI~IPLE ESTATE 3. Title to the estate or interest in the land is vested in: THE CTTY OF BREIVlERTON, A r4UNICZPAL CORPORATION OF THE STATE OF WASHINGTON 4. The land referred to in this policy is described as follows: SEE EXHIB~'T "A" AS HERETO ATTACHED 16662F-R (2ND REPORT) EXHIBIT "A" LEGAL DESCRIPTION LOTS 1, 2, 3, 4, 32, 33 AND 34, BLOCK 1, GOODFELLOW'S NAVY YARD TRACTS, AS PER PLAT RECORDED IN VOLUME 3 OF PLATS ON PAGE 52, RECORDS OF KITSAP COUNTY; LOTS 6, 7 AND 11, BLOCK 1, BREMERTON HEIGHTS, ACCORDING TO ~LAT RECORDED IN VOLUME 3 OF PLATS, PAGE 41 IN KITSAP COUNTY, WASHINGTON. LOT 5, BLOCK 1, BREMERTON HEIGHTS, ACCORDING TO PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE 41, IN KITSAP COUNTY, WASHINGTON. LOTS 8, 9 AND 10, BLOCK 1, BREMERTON HEIGHTS, AS PER PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE 41, RECORDS OF KITSAP COUNTY; THOSE PORTIO~OF LOTS 1, 2, 3 AND 4, BLOCK 1, BREMERTON HEIGHTS, AS PER PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE 41, RECORDS OF KITSAP COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE SOUTH 112 FEET ALONG THE WEST LINE OF SAID LOT 1 TO THE TRUE POINT OF BEGINNING; THENCE EAST 138 1/4 FEET, MORE OR LESS, TO THE EAST LINE OF LOT 2; THENCE CONTINUE EAST PARALLEL TO THE NORTH LINE OF SAID LOT 3, A DISTANCE OF 30 FEET, TO THE WEST LINE OF THAT PROPERTY CONVEYED TO ELSIE PROCTER BY INSTRUMENT RECORDED UNDER AUDITOR'S FILE NO. 966394; THENCE SOUTH 16 FEET, PARALLEL WITH THE WEST LINE OF LOT 3; THENCE WEST 168 1/4 FEET, MORE OR LESS, TO THE WEST LINE OF LOT 1; THENCE NORTH 16 FEET, ALONG THE WEST LINE OF LOT 1, TO THE TRUE POINT OF BEGINNING; AND THE WEST 30 FEET OF LOT 3, BLOCK 1, SAID PLAT OF BREMERTON HEIGHTS; EXCEPT THE WEST 5 FEET OF THE NORTH 112 FEET; AND EXCEPT THE WEST 5 FEET OF THE SOUTH 112 FEET; AND EXCEPT THE NORTH 10 FEET; AND THE EAST 10 FEET OF LOT 4, BLOCK 1, SAID PLAT OF BREMERTON HEIGHTS; EXCEPT THE NORTH 10 FEET; LOTS 3 AND 4, BLOCK 1, BREMERTON HEIGHTS, ACCORDING TO THE PLAT RECORDED IN VOLUME 3 OF PLATS ON PAGE 41, RECORDS OF KITSAP COUNTY; EXCEPT THE NORTH 10 FEET OF SAID LOTS 3 AND 4; AND EXCEPT THE EAST 10 FEET OF SAID LOT 4; AND EXCEPT THE WEST 30 FEET OF SAID LOT 3; SITUATE IN KITSAP COUNTY, WASHINGTON. SCHEDULE B ORDER NO. 16662 POLICY NO. 103304 EXCEPTIONS FROM COVERAGE THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE (AND THE COMPANY WILL NOT PAY COSTS, ATTORNEY'S FEES OR EXPENSES) WHICH ARISE BY REASON OF: PART ONE: 1. TAXES OR ASSESSMENTS WHICH ARE NOT SHOWN AS EXISTING LIENS BY THE RECORDS OF ANY TAXING AUTHORITY THAT LEVIES TAXES OR ASSESSMENTS ON REAL PROPERTY OR BY THE PUBLIC RECORDS. 2. ANY FACTS, RIGHTS, INTEREST, OR CLAIMS WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS BUT WHICH COULD BE ASCERTAINED BY AN INSPECTION OF SAiD LAND OR BY MAKING INQUIRY OF PERSONS IN POSSESSION THEREOF. 3. EASEMENTS, CLAIMS OF EASEMENTS OR ENCUMBRANCES WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS. 4. DISCREPANCIES, CONFLICTS IN BOUNDARY LINES, SHORTAGE IN AREA, ENCROACHMENTS, OR ANY OTHER FACTS WHICH A CORRECT SURVEY WOULD DISCLOSE, AND WHICH ARE NOT SHOWN BY PUBLIC RECORDS. 5. (A) UNPATENTED MINING CLAIMS; (B) RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF; (C) WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT THE MATTERS EXCEPTED UNDER (A), (B) OR (C) ARE SHOWN BY THE PUBLIC RECORDS. 6. ANY LIEN, OR RIGHT TO A LIEN, FOR SERVICES, LABOR OR MATERIAL THERETOFORE OR HEREAFTER FURNISHED, IMPOSED BY LAW AND NOT SHOWN BY THE PUBLIC RECORDS. CONTINUED . SCHEDULE B PART TWO ORDER NO. 16662 POLICY NO. 103304 1. GENERAL TAXES. THE FIRST HALF BECOMES DELINQUENT AFTER APRIL 30TH. THE SECOND HALF BECOMES DELINQUENT AFTER OCTOBER 31ST: YEAR: 1990 AMOUNT BILLED: $1,015.48 AMOUNT PAID: $ 507.74 AMOUNT DUE: $ 507.74, PLUS INTEREST AND PENALTY, IF DELINQUENT TAX ACCOUNT NO.: 3748-001-001-0008 (AFFECTS LOTS WITHIN GOODFELLOWS NAVY YARD TRACTS) 2. GENERAL TAXES. THE FIRST HALF BECOMES DELINQUENT AFTER APRIL 30TH. THE SECOND HALF BECOMES DELINQUENT AFTER OCTOBER 31ST: YEAR: 1990 AMOUNT BILLED: $823.30 AMOUNT PAID: $411.65 AMOUNT DUE: $411.65, PLUS INTEREST AND PENALTY, IF DELINQUENT TAX ACCOUNT NO.: 4502-001-001-0309 (AFFECTS LOTS WITHIN BREMERTON HEIGHTS) 3. EASEMENT AND CONDITIONS CONTAINED THEREIN: RECORDED: JUNE 1, 1954 RECORDING NO.: 595366 IN FAVOR OF: PUGET SOUND POWER AND LIGHT COMPANY FOR: ELECTRIC TRANSMISSION AND DISTRIBUTION LINES AFFECTS: UNLOCATABLE PORTIONS OF LOTS WITHIN BREMERTON HEIGHTS 4. COVENANTS TO BEAR EQUAL COST OF MAINTENANCE, REPAIR OR RECONSTRUCTION OF ROADWAY AMONG THE COMMON USERS THEREOF, AS CONTAINED IN INSTRUMENT RECORDED NOVEMBER 7, 1979 UNDER RECORDING NO. 7911070110. (AFFECTS ROADWAY WITHIN THE PLAT OF BREMERTON HEIGHTS) END OF SCHEDULE B !t is lurnish~d wilhout charge courtesy of CHARTER , r;TLE CORPO U~,1 (~, solely for lhe purpose of ir~ in Iocatin~t tho said prem~es, It d~ ~t ~ show all roads or easements. T~ c~y ~ . ~iability for inaccuracies ~mein, ~/4, SECT.~, TWNSP. _.~K N., RANGE ../_.~ ~ I ,.,,.._ ..,. , ~ 310~ N.~ Bucklin Hill Road · Suite 220 * PO. Box 1327 * $ilverdale, W^ (206) 692-9314 * (206) 624*3938 (~attle line) ., ,, CERTIFIED CLOSING OFFICERS may render services authorized by the Admission Practice Rule ~2, ONLY under the following conditions: [. ~reement of the Parties: Prior to the performance of the services all parties to the transaction shall have agreed in writing to the basic terms and conditions of the transaction. 2. Disclosure to the parties: The Certified Closing Officer shall advise the parties of the limitations of the services rendered: (a) That the Closing Officer is not acting as the advocate or representative of the parties; (b) That the documents prepared by the Closing Officer will affect the legal rights of the parties; (c) That the parties' interest in the documents may differ; (d) That the parties have a right to be represented by attorneys of their o~m choice; (e) That the Closlng Officer can not 81ve legal advice as to the manner in which the documents affect the parties. ESCROW NO: 5222 CITY OF BREMERTON, Date__ BY: Date Seller Purchaser Louis Mentor, Mayor Date__ Date Seller Purchaser Ian R. Sievers, City Attorney Date Date Seller Purchaser Kathleen McCluskey, Clerk Date__ Date Seller Purchaser --' gs~ow Offxcer U NO FURTHER WORK WILL BE PERFORMED ON THIS TRANSACTION UNTIL ESCROW SERVICES STATEMENTS ARE SIGNED BY ALL PARTIES TO THIS TRANSACTION AND RETURNED. Representin8 Fimt American 7?tie Insurance Company and Chicago Title Insurance Company Settlement Statement end Urban Development '11' [] FHA 2. [] FmHA 3. [] Cony. Unins'16 [] VA 5. [] Cony. Ins. I 5222 ! C, Note: This form is furnished to give you a statement of actual settlement costs. Amounts paid fo and by the settlement agent are shown. Items marked "(p.o.c.)' were paid outside the closing; they are shown here for informational purposes and are not included in the totals. THE CITY OF BREMERTON, a municipal corporation of the State of Washington 239 4th Street Bremer ton, Washington 98310 HILLCREST ASSEMBLY, a Washington non-profit corporation 6750 State Highway #303, NE Bremerton, WA 98310 Oyster Bay Avenue (5.41) CHARTER TITLE CORPORATION 3100 NW Bucklin Hill Road Suite #lO0 4/4/90 Silverdale, WA 98383 J. Su~,,~,,~;~f of Borrower'l Trlnsectlon K. Summery of Seller's Tranuctlon 100. Gross Amount Due From Borrower 400. Gross Amount Due To SMler 101. Contract sales price I 225,000.00 401. Contract sales price t 225~000.00 102. Personal property I 402. Personal property 103. Settlement charges to borrower (line 1400)J 250.55 ~,03. 104. 404. 105. ~5. Ad;uii,,,~,,i,s Ior Iteml paid by eMler In ldvlnce Adjustments for Items paid by eellM In &-~-~,.,b,.4 106. City/town taxes to 406. Cltyltown taxes to 107. County taxes to t07. County taxes to 108. Assessments to 408. Assessments to 109. t09. 110. 110. 111. Ill. 112. 112. 120. Qrosa Amount Due From Borrower 225,250.55 420. Qroas Amount Due To Seller 225~000.00 200. A~,.;,~,..;i Paid By Or In ~&h~;; Of Borrower SOO. Reductlone In Amount Due To Seller 201. Deposit or earnest money $ ]0,000,00 ~ -0- 501. Excess deposit (see instructions) 202. Principal amount of new loan(s) 502. Settlement charges to seller 603.83 203. Existing loan(s) taken subject to 503. Fxistlng loan(s) taken sub)act to 204. 504. Payoff of firel mortgage loan ~FIRSI~ 993. 19 (E) 205. 505. Payoff of second mortgage loan 206. 506. *w/interest thru 5/7/90 207. 507. 208. 508. Federal Express Payoff I0.00 209. 509. Ad~&;,~,,,,~;~ Mr Iteme unpaid by Belier A'?,~!,qentl ler ttMni -,,~-_!~_ by loller 210. City/town taxes to 510. City/town taxes to 211. County taxes to 511. County taxes to 212. Assessments to 512. Assessments to 213. 513. 214. 514. 215. 515. 216. 516. 217. 517. 218. ~18. 219. ~19. 220. Total Paid By/Far Sorrower S20. Total Reduction Amount Due Seller -0- 220,607.02 (E) 300. Cleh At SMI~&...~,,; From/To --,,;,,,war 600. Club At $ 301. Gross Amount due from borrower (line 120) 225 ,~ 250.55 ~01. Gross amount due to seller (line 420) 225,000.0(~ 302. Less amounts paid by/for borrower (line 220) ( -0- ) ~02. Less reductions in amt. due seller (line 520) ( 220 t 607.03 ]03. Cllh ~ From [] To Sorrower 2 25,2 50.5 5 103. Cllh ~ To [] From Seller 4,392.98 HUO--1 (3*86) page 1 Banking Form~ Supply Co, Inc. Toll Free (800) 446,~655 In Michigan Carl Collect (3!3) 364.5000 RESPA, HB 4305.2 700. TotalSsleslBroker's Commission oased o, price S225r000.00 ~ I0 % = ~;22,500. Paid From Paid From Division of Commission (line 700) as follows: Borrowers Seller's 70~$ 22,500.00 toWindermere Real ;.state/B & M, ].nc. Fundsat Fundsat 702 $ to Settlement Settlement 703.Commission paid at Settlement 2 2 ~ 500.00 704 801. Loan Ori~lination Fee % 802 Loan Discount % 803 Appraisal Fee to 804 Credit Report to 805 Lender's Inspection Fee 806 Mortgage Insurance Application Fee to 807 Assumplion Fee 808 809 810 g00. Itl, mi Rlqul~'ed By Lender To Be Paid In Advance 902 Morl~a~e Insurance Premium for months to 903 Hazard Insurance Premium for )'sere to 904. Flood Insuronce Premium )'ears to 905 1002. Mortgage insurance months.$ par month 1003. City property taxes mo,nths.$ per monlh 1004. Count)' propert)' taxes months., per month 1005 Annual assessments months.$ per month 1006 Flood insur(~nce monlhs.$ per month 1007 monlhs. S per month 1008 months@$ per month 1100. Title Charges 1101 Settlement or closing fee to CTC ($450.00 + $35. lO) 242.55 242.55 1102 Abstract or title search to 1103. Title examination to 1104. Title insurance binder lo 1105. Document preparation 1106 Nolary tees to 1107. Attorney's fees to lincludes above items numbers: 1108. Title insurance to CTC (includes above items numbers: 1109 Lender'scoverage $ 1110. Owner's coverage $ 225,000.00 ($760.00 + $59.28) 1113. 1200. Government Rlcordln~l and Transfer Chsr~ll,S 1201. Recording fees: Deed $ 8.00 ; Mortgage $ ; Releases $42.00 (E) T 8.001 42.00 (E) 1202 Cit),icount)' tax/stamps: Deed $ ; Mortgage $ I 1203 State tax/stamps: Deed $ . Mortgage $ 1204 Excise Tax @ 1.53Z (I;:XEH~T) -0- 1205 1300. Addillonal Settlement Char~ll,s 1301 SurYey to 1302 Pest inspeclion to 1303 1304 1305. 1400. Total Settlement Charges (enter on lines 103, Section J end 502, Section K) 250.55 23,603.83 I have carefully reviewed the HUD-I Settlement Statement and to fha best of my knowledge and belief, it is a true and accurate statement of all receipts and disbursements made on my account or by me in this transaction. ! further certify that I have received a completed copy of the HUD-I Settlement Statement. BY: BY: Louis Mentor, Mayor / Eathleen McCluskey, Clerk A1 Batman, .~i~nt Borrowers Ian R. Sievers, City Attorney Sellers N. To the best of my knowledge, the HUD-I Settlement Statement which I have prepared is a true and accurate account of the funds which were received and have been or will be disbursed by the undersigned as part of the settlement of this transaction. CHAt~K TITLE CORPORATION May 4, 1990 Settlement Agent Kimberly A. 0'Neal Date ESCROW ~NST~UCT~ONS TO: CHARTER TITLE CORPORATION DATE: May 4, 1990 ESCROW NUMBER: 5222 TITLE IqUMBER: 16662 (2nd Report) I. Seller herein deposits with you pursuant to these instructions, the following: Statutory Warranty Deed, Ex/se Tax Affidavit, HUD-I Settlem which you are instructed to deliver, release and/or record when you have' for the account of the Seller $ 225m000.00 subject to any charges and/or credits uthorzzed herein. II. Purchaser herein deposits with you the sum of $ 225,250.55 , and the following: HUD-! Settlement Statement, Escrow Instructions and Escrow Services Statement. I0,000.00 in the (Purchaser bas paid $ form of a Note to Windermere Real Estate/H & M, Inc. which sums and documents you are instructed to disburse and/or delilver, as required to fulfill these instructions and when you have a policy or policies of title insurance or commitments therefor in the form(s) and amount(s) as follows: Owner's Standard Coverage Pollcy in the amount of $225,000.00, insuring the Vestee as shown herein. showing title vested in: THE CITY OF BREMERTON, a municipal corporation of the State of Washington and containing the insuring clauses, exceptions, exclusions, provisions and stlpulatlons customarily contained in the printed provisions of such form and : subject to exceptions shown therein at Paragraph Number(s): I0 and 11. The undersigned Purchaser has received s copy of the preliminary commitment for title insurance bereln, and any supplementals thereto, sad understands and approves the same. You are instructed to disburse funds deposited pursuant to the closing statement(s) examined and approved by the parties hereto and by this reference made a part hereof. 2. The undersigned has examined and hss hereby approved for use in this escrow the above listed documents as to content and form. 3. You are instructed to prorate as of date of closln~ the following: NONE 4. Ail money received by you in this escrow is to be deposited in your trust account pending closing, unless other wise instructed in writing by the parties hereto. 5. The parties hereto agree to pay all proper costs and fees, including adjustments, sad autborizd you to deduct same from Any fnnds due or'request additional funds, if necessary. You are instructed to provide us with a final closing statement upon disbursement. 6. All money snd documents required herein shall be deposited with you on or before that date next set forth below. If this escrow has not been placed in s position to close by ten (10) dsys from the date the papers are signed herein, the above items deposited by the parties hereto, except the earnest money, are to be returned to same upon written demand, at which time we will pay all your charges in connection herewith. ' 7. These escrow instructions may be executed in counterparts with llke effect as if all signatures appeared on a single copy. 8. The personal property will be transferred outside of escrow between the parties, and Escrow HOlder is to assume no responsibility for delivery, conditions or any tax which may be payable thereon. 9. Escrow Holder is to assume no responsibility or liability for the preparation of s Truth in Lending, Consumer Protection Statement. INITIAL __ INITIAL INITIAL __ INITIAL CONTINUED ON PAgE 2 ESCROW INSTRUCTIONS PAGE 2 lO. In the event a dispute should arise between the parties hereto, you shall have the right, at your sole option, to: a) Suspend ali further action at such time as you receive notification of dispute UNTIL you receive consistent instructions from both parties; or b) Join in or coa~ence a court action and to deposit with the Registry of the Court the sums of money and documents described in these escrow instructions (first deducting from any such moneys fillng fees and any costs incurred in serving process and a reasonable attorney's fee as may be incurred by you); or open until such time as you receive consistent written the part,es or until such acts as described above occur a~~ee~' ~at you will be relieved of further resvonsibillty in this matter. If is further agreed that in the event of a lavTsuite being initiated against you, by either or both parties to the agreement or by any person by, through or under a party to this escrow, that the party making such claim shall Day your exnenses, costs and reasonable attorney's fees incurred in defense. Il. These escrow instructions are not intended to amend, modify or supercede the terms and conditions set forth in the Earnest Honey Receipt and Agreement (and amendments, if any, attached thereto). Escrow Holder is to be concerned only with the provisions specifically set forth in these instructions and identified by the Buyer and Seller i~ these instructions as conditions to the closlng of this escrow. 12. By signing these instructions, we hereby acknowledge and agree that all the terms and conditions of that certain Earnest Honey Receipt and Agreement dated April 9, 1990 and any amendments thereto, have been complied with to our satisfaction. If there are any terms or conditions which survive the close of this escrow, Charter Title Corporation is to assume no responsibility or llabillty for such compliance. 13. We, the undersigned parties to this transaction have been informed by Charter Title Corporation that Charter Title Corporation is not licensed to practice law and that no legal advice has been offered. We have been further informed that Charter Title Corporation is acting solely ss an escrow agent and is forbidden by law from offering any legal advice to any party respecting the merits of this transaction or nature of the instruments utilized. have been requested by Charter Title Corporation to consult an attorney of our own choice, and at our own expense, prior to the execution of any documents hereto, should we have any questions regarding this transaction and/or the documents presented hereto for signature. Escrow Holder herein is not to be concerned with any unpaid utility billings, connections charges, any service installatlon, maintenance charges, construction charges for water, sewer, electricity or garbage removal or any other utilities servicing the subject property~ Seller a~ees to pay final billings outside of escrow, unless otherwise modified herein. 15. Parties herein acknowledge and agree that any and all conditions and/or contlgencles of the Earnest Honey Receipt and Agreement and any amendments thereto are hereby satisfied or removed and are no longer condltiofis of this transaction. Charter Title Corporation is held harmless for same. 16. All disbursements shall be ih U.S; Funds and shall be by E~crow Holder's check or by wire transfer. Parties hereto understand and agree that ali funds delivered into escrow are sublect to immediate deposit, and that all ~hecks must clear and be credited t~ Escrow Holder*s trust account as good and sufficient U.S. Funds before closing can be completed. Any delay in clearing deposits ~ill delay closing. 17. We have been afforded adequate time and opportunity to read and understand these escrow instructions and documents hereto, in their entirety and have been provided copies of all signed documents. INITIAL __ INITIAL INITIAL __ INITIAL CONTINUED ON PAGE 3 ~SC~OW INSTRUCTIONS PAC~ 3 ]8. Seller herein acknowledges that First Half 1990 Taxes have been paid on the subject property being transferred in this transaction and that the pro- ration of that portion due back to tbem upon the close of this sale shall be reimbursed to them directly from the Kitsap County Treasurer's Office, pursuant to their instructions. Dated this __day of May , }990. Dated this 3rd day of May , 1990. HILLCREST ASSEMBLY THE CITY OF BREHERTON BY: BY: A1 Baunsgard, President Louis Mentor, Mayor BY: BY: N. LaVerne Law, Secretary Kathleen McCluskey, Clerk BY: Ian R. Sievers, City Attorney , STRAiGHT~ ~~ff~ .r~mer. ,~ Hi~hfield & >!yers, Inc. the~,zm ~( Ten Thousand ~d no/100 DOLLARS. 3t00 Bucklin Hill Rd. ~ Silverd~e. Washington If any RE: Earnest Money Agre~ent datad ~ April 1990 be:we~ the CI~ OF B~RTON as Buyer and HI~C~ST ASS~LY as Seller. CITY OF BREMERTON ADMINISTRATI%rE SERVICES M E M O R A N D U ~ Date: October 25, 1990 To: Mayor Me.tor From: Kathleen McCluskey, Administrative Services Director Re: Westparkconcerns about Public Works Complex Location Two individuals from Westpark expressed concerns about the location, impact and selection criteria of the Oyster Bay site. Council asked that you or staff contact them with information: Don Mansford President of Westpark Residents Council 182 J Russell Road Westpark Laura Klinsk¥ 131 A Russell Road Westpark KM:eh