HomeMy WebLinkAbout9507180045 KITSAP COUNTY
~ Filed for Record at Request of: $7,~ C~CK
~ FILED-BY: CITY OF BREHERTON
.... JUL t8, 1~;5, 8:58 ~
C~. when Recorded Return to: KAREN FLYNN, AUDITOR
CLERK: BEVAN$
0 Name Bremerton City Clerk
A. F. #: c~i;071813E)z.5
Address 239 Fourth Street RE~L 08~7 FR 2965
Bremerton, WA. 98310
STA~Y ~IIAJlTY DE~
(For Use in the State of Washington Only)
THE GRANT~S, DAVID R. BARCEL(~I a~ AROITH L. BARC£L~, husba~ a~ wife, for a~ in c~iderati~ of
vacatio~ of right-of-way, ~icate ~ warrant to CITY OF BRENERTOH, a munici~l corporation, the foitowf~
THE EST 16 FEET OF LOT 18, BL~K 1, ~LAT OF LEIBLY AND BLUHER'S FIRST ADDIT]~ TO BRENERTON
HEIGHTS, AS PER P~AT IN VOC~ ] OF PLATS, ~AG[ 89, RECORDS OF KITSA~ C~NTY, EXCEPTING THE
~RTH 10 FEET THEREOF AND EXCEPTING THE S~TH 3 FEET THEREOF.
DAVIDrR. BARCELON
C~NTY OF KITSAP )
~ this ~te, ~fore m, the ~rsig~, a Notary PubHc in a~ for the State of ~shfngton,
c~iss~ a~ s~rn, ~rs~[[y ~ar~ OAVIO R. BARCEL~ a~ ARDITH L. BARCEL~, h~
k~ to ~ the J~iv~ats ~scr;~ in a~ ~o ex~ut~ the w~th~n a~ forego;ag ~nstr~t, ~ acknowt~
that they s~gn~ the s~ as their free a~ vot~tary act a~ deed, for the uses a~ ~r~ses therein ~nt~.
~9~ ....... ~%O F, Nota~ P~ri~i~a~ for t~e St8~ of Uashi~t~, r~idin~
t~%~ WR%~ TRANSACTION ~CISE T~
B~CELON.~i - Real Estate - 2/2~F
AMERICAN LAND TITLE ASSOCIATION
OWNER'S POLICY
(10-17-92)
48 0025 106 01590
CHICAGO TITLE INSURANCE COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE
CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, CHICAGO TITLE
INSURANCE COMPANY, a Missouri 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.
In Witness Whereof, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as
of Date of Policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory.
CHICAGO TITLE INSURANCE COMPANY
Issued by: By:
OF KITSAP COUNTY, INC.
400 Warren Avenue
Bremerton, Washington 98310
(206) 377- 0133
By:
Secretary
ALTA Owner's Policy (10-17-92)
LAND TITLE COMPANY OF KITSAP COUNTY
ALTA OWNER'S POLICY
STANDARD
SCHEDULE A
Office File No.~ E-101621-1 Policy Number: 48 0025
106 01590
Date of Policy: July 18, 1995 at 8:58 a.m.
Amount of Insurance: $1,000.00
Premium: $275.00
1. Name of Insured:
CITY OF BREMERTON, a municipal corporation
2. The estate or interest in the land which is covered by this policy is:
A FEE
3. Title to the estate or interest in the land is vested
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
EXHIBIT 'A'
Office File NO.: E-101621-1
DESCRIPTION:
PARCEL I~
LOT 18, BLOCK 1, LEIBLY AND BLUMERS FIRST ADDITION TO BREMERTON HEIGHTS, AS PER PLAT
RECORDED IN VOLUME 3 OF PLATS, PAGE 89, RECORDS OF KITSAP COUNTY, WASHINGTON;
EXCEPT THE SOUTH 3 FEET AND THE NORTH 10 FEET THEREOF;
TOGETHER WITH THAT PORTION OF VACATED ALLEY WHICH ATTACHES BY OPERATION OF LAW AS
DISCLOSED BY ORDINANCE NO. 4501 RECORDED UNDER AUDITOR'S FILE NO. 9502240023.
PARCEL II:
THAT PORTION OF THE WEST HALF OF THE WEST HALF OF THE NORTH HALF OF THE SOUTHEAST QUARTER
OF THE NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP
COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHICH IS SOUTH 0°34'22'' WEST 248.03 FEET FROM THE NORTHWEST CORNER OF
THE WEST HALF OF THE WEST HALF OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF TEE NORTHEAST
QUARTER OF SAID SECTION 21; THENCE CONTINUING SOUTH 0o34'22'' WEST 387.85 FEET TO THE NORTH
MARGIN OF WERNER ROAD, FORMERLY KNOWN AS BELOIT STREET; THENCE NORTH 89°47'21" EAST 104.35
FEET ALONG SAID NORTH MARGIN OF WERNER ROAD; THENCE NORTH 14°32'12'' WEST 400.30 FEET TO
THE POINT OF BEGINNING.
SCHEDULE B
Office File No.: E-101621-1 Policy No: 48 0025 ~06 01590
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs,
attorneys' fees or expenses) which arise by reason of:
GENERAL EXCEPTIONS:
A. Rights or claims disclosed only by possession, or claimed possession, of the.
premises
B. Encroachments, and questions of location, boundary and area disclosed only by
inspection of the premises or by survey.
C. Easements, prescriptive rights, rights-of-way, streets, roads, alleys or
highways not disclosed by the public records.
D. Any lien, or right to a lien, for contributions to employee benefit funds, or
for state workers' compensation, or for services, labor, or material heretofore
or hereafter furnished, all as imposed by law, and not shown by the public records.
E. Taxes or special assessments which are not yet payable or which or not shown as
existing liens by the public records.
F. Any service, installation, connection, maimtenance, tap, capacity or construction
charges for sewer, water, electricity natural gas or other utilities, or garbage
collection and disposal.
G. Reservations and exceptions in the United States Patents or in Acts authorizing
the issuance thereof; Indian tribal codes or regulations; Indian treaty or
aboriginal rights, including easements er equitable servitudes.
H. Indian tribal codes or regulations, Indian treaty or aboriginal rights, including
easements or equitable servitudes.
I. Water rights, claims or title to water.
FOR SPECIAL EXCEPTIONS, SEE ATTACHED
Office File No.: E-101621-1 Policy No.: 48 0~25 106 01590
ALTA STANDARD OWNERS POLICY
SCHEDULE B - cont'd
SPECIAL EXCEPTIONS:
1. Easement affecting a portion Of said premises and for the purposes hereinafter
stated, as granted by instrument recorded in the office of the recording officer
of Kitsap County, Washington under Auditor's File No. 825743;
In favor of: PUGET SOUND POWER AND LIGHT COMPANY
For: Underground and/or overhead transmission and electric
lines and appurtenances thereto;
Affects~ Parcel II and other property
2. Reservation of all fissionable materials as to said premises, as disclosed by
recital in instrument recorded under Auditor's File NO. 582208.
(Affects Parcel II and other property}
3. Easement affecting a portion of said premises and for the purposes hereinafter
stated, as granted by instrument recorded March 24, 1944, in the office of the
recording officer of Kitsap County, Washington under Auditor's File NO. 389227;
In favor of: PUGET SOUND POWER AND LIGHT COMPANY
For: Underground and/or overhead transmission and electric
lines and appurtenances thereto;
Affects: Parcel II and other property
4. Assignment of Rents and Leases given as security;
Dated: March 5, 1991
Recorded: March 5, 1991
Recording No.: 9103050131
Grantor: Evan Burley and Frances Burley, husband and wife
Grantee: George P. Liaset, a single man
(Affects Parcel II
5. Judgement against: Evan Burley
In favor of: Emmert Industrial Corp.
In the amount of: $27,961.25
Date entered: March 11, 1991
KITSAP County
Judgt. No: 91-9-00524-6
Superior Court Case: 91-2-00618-2
Attorney for Creditor: George Hoselton
(Affects Parcel II)
6. Judgement against: Evan Burley
In favor of: Laurie Gibson and Sam Gibson
In the amount of: $2,489.25
Date entered: October 20, 1993
KITSAP County
Judgt. No: 93-9-02631-2
Superior Court Case: 93-2-02359-8
Attorney for Creditor: Elaine M. Thomas
Special Exceptions - Continued
File NO.: E-101621-1
(Affects Parcel Il)
7. A Survey recorded under Auditor's File No. 9311150088, disclosed an encroachment of
a road along the Northerly line and a trailer with porch along the Easterly line of
Parcel I.
8. Possible rights of parties in possession of that portion of land lying within road
encroachment along the North and to that portion lying within the trailer and porch
area along the East line as disclosed by Survey recorded under Auditor's File Ne.
9311150088.
9. Easement, including its terms, covenants and provisions as disclosed
by iustrument;
Dated: February 15, 1995
Recorded: February 24, 1995
Recording No.: 9502240023
In Favor of: City ef Bremerton
For: traffic right of way
Affects: portion of said premises and other property
SC/bi
END SCHEDULE B
'"' :'~:12
AU?HORIgED S 5GNg_?ORY
OWNER'S POLICY ENDORSEMENTS: NONE
0.)o
081
zz,_,, 0'79 076 035
lh~ ~ap is fo~ vou~ aid n I~ )ur I~nd with
' Is. ~hi~e it is
080 lelei'ence to.streets and othe~ parc~
to be corr~ct the Compaq: ~ssumes no
~ 078 liabdity fo[ a~occudng by r, son of re-
{}ance thereon.
~ND '[ITLE COMPAN)
r ~"i ·
O55
oo~
REQUEST FOR SAFECO TITLE IN2.,.,.~URANCE COMPANY
PARTIAL RECONVEYANCE
The undersigned beneficiary is the legal owner and holder of the promissory note in the original sum of
$ 250,00D , secured by that certain Deed ofTrust dated FebruacV 15 ,1994,
in which Charter Title Corporation is trustee, and
David R. B~ccelo~ a~d A~h L. ~ccelc~ is grantor,
recorded on F~lc~'t~'e'y 1.8 ,19 94, as Recording/Auditor's File No. 9402180252
in Volume of Mortgages, at page , records of KiL.~ap County, Washington.
You are requested to reconvey, without warranty, to the person(s) entitled thereto the right, title or interest now
held b ou thereunder in and to that portion of the real property described in said Deed of Trust, situated in
County, Washington, as follows:
SEE EXHIBIT "A"
The making of this partial reconveyance shall be endorsed by you upon said Deed of Trust which is herewith
presented to you, together with the aforesaid promissory note, for that purpose.
Dated /"~'~'ff~,~,~/-'~'~' J , 19~..
'(Grantor) ' / (B~n~fidiary) -
By (Name - Title) By (Name - Title)
By. By
(Name - Title) (Name - Title)
(Address) (Address)
E0. [~ox 720 · 9119 Rid0e
5ilverdale 692-~ · Seattle (~6) 682-5574
Fax (206)
Engineedng · Su ing · Planning
THAT PORTION OF THE WEST HA?,~ OF THE WEST HALF OF THE NORTH HALF OF
THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 21,
TOWNSHIP 24 NORTH, RANGE i EAST, W.M. IN KITSAP COUNTY, WASHINGTON,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHICH IS SOUTH 00' 34~ 22" WEST 248.03 FEET
FROM THE NORTHWEST CORNER OF THE ABOVE SAID SUBDIVISION~ THENCE
CONTINUING ALONG THE WEST LINE OF SAID SUBDMSION SOUTH 00° 34~
22" WEST 115.06 FEET~ THENCE ?.F~VING SAID WEST LINE OF SUBDIVISION
NORTH 75' 28~ 09" EAST 29.98 FEET TO POINT ON TH~ WEST MARGIN OF
RIGHT OF WAY OF KEAN STREET~ THENCE ALONG SAID MARGIN OF ROAD NORTH
14' 31~ 51" WEST 111.09 FEET TO THE POINT OF BEGINNING.
~4493. O0
November 7, 1994
N ~,~1' ~,' 20" iF_ 1~,2~.-/? '
.T
PARCEL '!'
PORI I
."_~*"J
~j~'*~ ~ .
~~ 0.~ '
SH~D ., PARCEL
~ TRUCK TOWN 11534
3561 ST. HIGHWAY 3 WEST 377-2620
BREMERTON. WASHINGTON 98312
98-805/1251
FO~
County, Washington, ~ follows:
SEE EXHIBIT "A"
The making of this partial reconveyance shall be endorsed by you upon said Deed of Trust which is herewith
presented to you, together with the aforesaid promissory note, for that purpose.
(Grantor) " / (B~n~fidiary)
By (Name - Title) By (Name - Title)
By By
(Name - Title) (Name - Title)
(Address) (Address)
DT'~ !nt?~
PLEASE TYPE OR PRINT REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt when stamped
by cashier.
PLEASE SEE REVERSE Form No. 84 000lA
CHAPTER 82.45 RCW - CHAPTER 4584il WAC
For Use at County Treasurer's Office
(Use Form No. 84-0001B for Reporting Transfers of Controlling Interest of Entity Ownership to the Department of Revenue)
THIS AFFIDAVIT MLL NOT BE ACCEPTED UNLESS ALL AREAS 1--7 ARE FULLY COMPLETED
~ Name DAVID R~ BARCE<,ON [] Name CiTY OF {~RFd~ER'I~
~ Street ~,/O 356~ St. Bi,q~wa¥ 3 We~C Street 239 f"ourt, h St£eet
City Br'~m~£1;ocl State WA Zip 98312 ~ City Bceff',~g-tO~ State WA Zip 98337
~l ADDRESS TO SEND ALL PROPERTY TAX RELATED CORRESPONDENCE
]LEGAL DESCRIPTION OF PROPERTY SITUATED IN [] UNINCORPORATED COUNTY ~ OR IN CITy OF l~c~a~cton
Street Address (if property is improved):
'ii~E WE.S~ lb FEET OF L~' 18 BI,OCK 1 PLAT OF ~iBi,Y AND Bi,UMF3R~$
~'iR,ST ADDITION lPO t~R{'3MERg?Gig HEIC~TS AS P~R PLAT IN VOLDME 3 OF
~ ~TS PAC~ 89 RECORDS OF K~TSAP COUN~£~ ~HIN~I~ON EXCEPTING THE
~3RTH ~0 FEliX TiiERI~F AND EXCEPTINC THE SO~H 3 FEE'? £'HER~'.
]Is this property curmntly: YES NO []Description of tangible personal property if included in sale (furniture,
Classified or designated as forest land? [] [] appliances, etc.)
Chapter 84.33 RCW
Classified as current use land (open space, farm [] []
and agricultural, or timber)? Chapter 84.34 RCW
Exempt from property tax as a nonprofit [] ~] If exemption claimed, list WAC number and explanation.
organization? Chapter 84.36 RCW
Seller's Exempt Reg. No ...... -- WAC No. (Sec/Sub)
Receiving special valuation as historic [] -~ Explanation
' p~roperty under?. Chapter 84.25 RCW
Property Type: [] land only [] land with new building
[] land with previously used building [] land with mobile home Type of Document Sta~u~oc), Warca~vy
[] timber only [] building only ~aCC~ 2., 1995
Date of Document
Principal Use: [] Apt. (4 + unit) [] residential
[] timber .iD ag[icultural . [] commercial/industrial Gross Sale Price $ $6 620.00
~] other O4'~l~ve,~o,r~:l R~I,$ ~d~t~t i & i
Pemonal Property (deduct) $
l~l (1) NOTICE OF CONTINUANCE 01CW 84.33 or RCW 84.34) Taxable Sale Price $ ii7.~4
If the new owner(s) of land that is classified or designated as current use Excise Tax State $
or forest land wish m continue the classification or designation of such Local $
land, the new owner(s) must sign below. If the new owner(s) do not &sim Delinquent Interest: State $ ' 0'
to continue such classification or designation, all compensating or additional Local $ _A_
tax calculated pursuant to RCW 84.33.120 and I40 or RCW 84.34.108 shall -
be due and payable by die seller or tranffemr at the time of sale. The county Delinquent Penalty: State $ . 4' . "> --
assessor must determine if the land transferred qualifies to continue Total Due $
classification or designation and must so indicate below. Signatures do THERE IS A $2.00 FEE FOR PROCESSING THIS FORM IF NO TAX IS DUE
not necessarily mean the land will remain in classification or designation.
If it no longer qualifies, it will be removed and the compensating taxes [] AFFIDAVIT
will be applied. All new owners must sign. I certify under penalty of perjury under the laws of the state of
This land [] does [] does not qualify for continuance. Washington that the foregoing is true and correct.
Date Signature of
DEPUTY ASSESSOR Grantor/Agent ...... ~,....,: ....
(2) NOTICE OF COMPLIANCE (Chapter 84.26 RCW) Name (print)
If the new owner(s) of property with special valuation as historic property /
~fi~hh~ to continue this special valuation the new owner(s) mu~t sign below. Date & Place of Sigrdh~g }"
e new owner(s) do not desire to continue such special valuation, all '
additional tax calculated pursuant to Chapter 84.26 RCW, shall be due Signature of
and payable by the seller or transferor at the time of sale. Grante~/Agent
(3) OVVNER(S) SIGNATURE Name (print)
Date & Plac~ of Signing
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 (lC)).
FOR TREASURER'S USE ONLY
FORM REV 84 000lA (12-93) (PD 12-17-93) TAXPAYER
OF
~~IAN R. SIEVERS, City Attorney
239 4th Street · Bremerton, WA 9833? · (360) 4~-S~4S · FAX (~60) 478-$161
DATE: March 28, 1995
TO: Kathleen M¢Cluskey, Administmrive Services D~tor
FROM: Jackie R. Cronk, L~gal Assist~t
RE: City of Bremerton/Barcelon Transaction for Right-of-Way Purposes
With regard to the above-refereneed matter, please find attached hereto the following:
1. Preliminary Title Report on property being deeded to City by Barcelons;
2. Supplement to Preliminary Title Report;
3. Check in amount of $297.28, made payable to City of Bremerton, as and for cost of
title insurance premium to Land Title Company;
4. Two Statutory Warranty Deeds between David R. and Ardith L. Barcelon, as
Grantors, and City of Bremerton, as Grantee, together with corresponding 1% Real
Estate Excise Tax Affidavits; and
5. Request for Partial Reconveyance directed to Charter Title Corporation for partial
reconveyance of Promissory Note in amount of $250,000.00.
The attached Statutory Warranty Deeds are now ready for recording with the County
Auditor. The $297.28 check is for payment of the title insurance premium for the
Commitment for Title Insurance that lan had me order on the two parcels that the
Barcelons are deeding to the City. The Barcelons are in the process of clearing title on the
parcels deeded to the City and that is where the copy of the Request for Partial
Reconveyance comes from. That document was just forwarded to me to deliver to Charter
Title by the Barcelons' realtor, Gary Lindsey of Silverdale Realty. I delivered the Partial
Reconveyance to Charter Title today, together with the Barcelons' check in the amount of
$42.00 for the reconveyance fee.
As mentioned above, the Barcelons are in the process of clearing title to the deeded parcels.
Ian has advised the Barcelons that we are not overly concerned about clear title at this
point, since the Barcelons would be held responsible for any problems that might arise with
unsatisfied liens/judgments against the property in the future by their execution of the
Statutory Warranty Deeds which ensure us of clear rifle.
Please forward conformed copies of the Deeds to our office after you receive them hack
from the Auditor so that I can forward copies of the same to the Barcelons and have copies
for our file.
Should you have any questions in this regard, please do not hesitate to call our office.
Thank you.
· Celebrating 50 Years of Freedom ·
IAN R. SIEVE~, City A~torney
239 4th Strut · B~me~on, ~ 98337 · (360) 4~-5345 · FAX (360) 4~-5161
July 19, 1995
Mr. and Mrs. David R. Barcelon
c/o 3561 St. Highway 3 West
Bremerton, Washington 98312
City of Bremerton/Barcelon Transaction
Barcelon Street Vacation and Dedications
Dear Mr. and Mrs. Barcelon:
Please find enclosed with this letter copies of the two Statutory
Warranty Deeds between David R. and &rdith L. Barcelon, as
Grantors, and City of Bremerton, as Grantee, together with
corresponding 1% Real Estate Excise Tax Affidavits, with regard to
the above-referenced transaction, for your information and records.
We were finally able to record the Deeds with the County Auditor on
July 18, 1995.
Should you have any questions in this regard, please do not
hesitate to contact our office.
Thank you for your patience and cooperation in this matter.
Sincerely,
~A~II![A I~-- R. CROI~
McCluskey, Administrative Services Director
cc/w/eric:
Kathleen
L.
· Celebrating $0 Years of Freedom
lAN R. SIEVERS, City Attorney
239 4th Street · Bremerton, WA 98337 * (360) 478-5345 · FAX (360) 47~-5161
DATE: August 2, 1995
TO: Kathleen L. McCluskey, Administrative Services Director
Cronk, Legal Assistant~,:~
FROM:
lackie
RE: David R. Barcelon
Street Vacation and Dedications
Please find attached hereto the Title Insurance Policy issued by Land Title Company with
regard to the City's purchase of the above-referenced property.
Please call our office if you have any questions in this regard.
· Celebrating 50 Years of Freedom ·