Loading...
HomeMy WebLinkAbout9409090205'-4.'E,-' AND TITLE COMPANY ms Space Reserved For Recorder's Use: Filed for Record at Request of NO. -~(~ c)~ KiTSAP COUNTY TR^NSACT~ON EXCISE TAX K T'r~* p AFTER RECORDING MAIL TO: 8, ~' .l.l~ffi. 60i'J~T~¥* ~ Tb --~ ~ ~ FIt D-BY: LAND TITLE C0M?;~ cit of sr - PAID ~1~ , ~ Address 2~v arn Street c-.f~ll~--*h~TREASIJFIEFICLE[J{: LA~J~'NCE City, State, Zip Bremer~on, ~a. 98,3T13 /,f'-~- F. ~ ~ll~l~lE~.~L.]~..~i;. E-99726-1 Escrow No.~-14172-PA C - q q 3~ Statuto.t WarranW Deed MICHAEL L. COFONI, AS His Separate Proper~y for and in consideration of TEN DOLLARS AND OTHER VALUABLE CONSIDEHATION in hand paid, conveys and warrants to CITY OF BREMERTON, A Washington Municipal Corporation · e ~llowingdescfibedrealesmte, situatedin ~e County of Kitsap ,SmteofWashington: Lot(s) 6; EXCEPT the East 10 feet thereof and the North 50 feet of Lot 10; EXCEPT the West 10 feet thereof, Block 3, Ole Hanson's Navy Yard Addition, according to the plat thereof, recorded in Volume 4 of Plats, Page 56, records of Kitsap County, Washington. SUBJECT TO SPECIAL EXCEPTIONS AS SET FORTH IN LJ%ND TITLE CO. COMMITMENT E 99726 ATTACHED HERETO AND BY THIS REFERENCE MADE APART OF: By ' ' ' By ..................................................................... STATE OF Washington COUNTY OF Kitsap On this %/ day of -~ 1994, I certify that I know or have satisfactory evidence that Michael L. Cofoni, the person who appeared before me, and said person acknowledged that He signed this instrument and acknowledged it to be His free and voluntary act for the use~a~purposes mentioned in this instrument. '- ~U~'I~LA ACKERMAN Notary Public in and 2o~-the State of Washington Residing a~: My commission expires: LPB-10 EXHIBIT A FILE NO. ,E-99726-1 1. Easement as dedicated on the face of the plat of said addition; For: slopes, also the right to drain all streets over and across any lot or lots where water might take a natural course after the street or streets are graded. Affects: said premises and other property 2. Covenants, conditions and restrictions contained in the following instrument; Recorded: February 5, 1941 Recording No.: 327853 3. Covenants, conditions and restrictions contained in the following instrument; Recorded: March 9, 1990 Recording No.: 9003090065 ¢©?Y REAL ESTATE PURCHASE AND S~LE AGREEMENT Improve~ Property THIS CONTRACT CONTROLS THE TERMS OF THE SALE OF THE PROPERTY. READ CAREFULLY BEFORE SIGNING. THE CITY OF BREHERTON, a Washington municipal corporation, (hereinafter called "Purchaser") hereby agrees to purchase and the undersigned Seller hereby agrees to sell the following described real estate located in the City of Bremerton, County of Kitsap, commonly known as 1205 Oyster Bay Avenue South, Bremerton, Washington 98312, and legally described as follows: See Attached Exhibit "A". 1. PURCHASE PRICE: The total purchase price is Sixty Thousand Dollars ($6o,ooo.oo). 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 Seller may be paid out of purchase money at date of closing. 3. TITLE INSURANCE: Seller 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. Seller authorizes the closing agent 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 Seller 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 encumbrances or defects noted in paragraph i 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. The closing agent shall not be responsible for delivery of title. 4. DEFAULT: If either party defaults (that is, fails to perform the acts REAL ESTATE PURCHASE AND SALE AGREEMENT -1- cof~i.~t - Real Eatite - ?/19/~ 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: The property is presently used by Seller as a rental house. It is the responsibility of Purchaser to dispossess the present tenants of the property after the sale has closed, if and when Purchaser decides to dispossess tenants. Seller shall deliver all rental agreements, documents and a check for tenant deposits and pro-rated rent to Escrow Agent prior to closing. 7. CONDITION OF PROPERTY: To the best of Seller's knowledge, there are no existing hazards on the described premises or improvements thereon that are an immediate threat to the safety of persons occupying or visiting the property. Purchaser agrees to purchase the property in its present condition. 8. TIME FOR ACCEPTANCE: Purchaser's offer is made subject to acceptance of Seller on or before Twelve o'clock midnight on 9. TIME FOR CLOSING - RESPONSIBILITIES OF PARTIES: The sale shall be closed in the offices of Land Title Company (Bremerton Office) within fifteen (15) days after the Preliminary Commitment for Title Policy is delivered showing title insurance, as provided in this agreement, but in any event not later than the 30th day of August, 1994, upon which date the agreement shall terminate. The Purchaser and Seller shall deposit with Land Title Company all instruments, documents and monies necessary to complete the sale in accordance with this agreement. 10. CLOSING COSTS AND PRORATIONS: The Seller agrees 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 Seller. REAL ESTATE PURCHASE AND SALE AGREEMENT -2- ~of~.Agt - Re~L E~t~te - ~19/~ 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 Seller. Funds held in reserve accounts pursuant to escrow instructions shall be deemed, for purposes of this definition, as available for disbursement to Seller. 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. 15. ENTIRE AGREEMENT: There are no other verbal or other agreements which modify or affect this agreement. Time is of the 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. CITY OF ~EM~N Date LY~N HORTON, Mayor PURCHASER ATTEST: REAL ESTATE PURCHASE AND SALE AGREEMENT -3- Cof~J.Agt - Rea[ Estate - EDDY f~ APPR~TM i~,. ~IEVERS, City Attorney Purch~$er,$ Address: Bremerton City Hall Attention: Kathleen L. McCluskey, Clerk 239 Fourth Street Dre~orton, Washington 98310 pu~(chaser's Phone: (206) 478-5290 ps this date ~/;~?~ , I hereby approve and ,t the sale set forth iX th~ aboge agreement and agree to carry acce~ll the terms thereof on the part of the Seller. ~H~EL L. CO~D~I / / Sell~r,s Address: P. O. Box 1822 Belfair, Washington 98528 se~ler's Phone: (206) 275-7403 A true copy of ~he fqregoing agreement signed by Seller is here~y received on ,~.,_f~k~ , 19 ~ . I-S EVERS ~' ~---Brem~r~on City Attorney\ Agent for Purchaser ESTATE PURCHASE AND SALE AGREEMENT -4- ~tc"'AT~gt - Rear Estate - 7/19/9z, Cofon~ AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) 48 0025 106 00330 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 Poi cy 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 thc land. · ' ' but The Company will also pay the costs, auomeys' fees and expenses incurred m defense of the title, as insured, 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 By: LAND TITLE COMPANY OF KITSAP COUNTY, INC. ~ 400 Warren Avenue presi Bremerton, Washington 98310 (206) 377- 0133 LEGAL DEPARTMENT lan R. Sievers - City Attorney Civil Attorneys James J. McNamera Leila Mills Prosecuting Attorney T. David Apodaca Gateway to the Olympics and 1 Iome of the Pugei Sound Naval Shipyard DATE: October 27, 1994 TO: Kathleen L. McCluskey, Administrative Services Director FROM: lackie Cronk, Legal Assistant" _(_~c~-~' C~'~'o-~..N  y~EmAvenue S.ou~h, Bremerton, Washington eff6fi~Transaction 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. LEGAL DEPARTMENT lan R. Sievers - City Attorney Civil Attorneys James J. McNamara Leila Mills Prosecuting Attorney T. David Apodaca Gateway to the Olympics and florae of the Puge~ Sound Naval Shipyard DATE: September 14, 1994 TO: Kathleen L. McCluskey, Administrative Services Director FROM: Jaclci~e , ' -~--d-~-~ ~ R~05 Oyster Bay Avenue South, Breme~n, w~shi~ ~ Cofoni/City of Bremerton Transaction The above-referenced real estate transaction has now been closed. I have attached hereto the following for your information and file: 1. Original Statutory Warranty Deed between Michael L. Cofoni, as Seller, and City of Bremerton, as Purchaser; and 2. Final Buyer's Settlement Statement, as prepared by Land Title Escrow as closing agent for this transaction. I will forward the title policy to you after we receive the same from Land Title. Please let me know if you have any questions. 2394TH STREET · BREMERTON, WA 98337 · (2(16) 478 5345 · FAX (206) 478 5161 I AND TITLE COMPANY OF KITSAP COUNTY ~00 Warren Avenue, Suite 160 Bremerton, WA 98337 BUYERS SETTLEMENT STATEMENT Buyer: CITY OF BREMERTON Seller~ MIC~::~.E~, L. CO~OHT Property 1205 OYSTER BAY AVE. SOUTH Address: BREMERTON, WA 98312 Order Number: 99726 Escrow Number: B-14172-PA Settlement Date: 09/09/94 Settlement Agent: PAM ACKERMAN LPO Number: 2733 Expenses Credits Purchase Price ........................................... 60,000.00 Escrow Fee to Land Title Company ......................... 210.00 Sales Tax Escrow Fee to Land Title Company ..... 17.01 Recording of Deed ........................................ 8.00 Closing Cost pd to Escrow Land Title Escrow .................................... 59,250.08 Security Deposit ......................................... 500.00 Pet Deposit .............................................. 100.00 21 days of rent/S550 per mo .............................. 384.93 Sub-totals 60,235.01 60,235.01 Balance due from Buyer 0.00 Totals 60,235.01 60,235.01 PAM ACKERMAN LPO # 2733 Date Settlement Agent