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HomeMy WebLinkAbout9407270241 Filed for Record at Request of: When Recorded Return to: Name __Bremerton City Clerk Address _239 Fourth Street _Bremerton. Washinqton 98310_ STATUTORY WARI~%NTY DBED (For Use in the State of Washington Only) THE GRANTORS, DONALD A. SAMPO and KIM SAMPO, husband and wife, 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: Lot 7, Block 5, Ole Hanson's Navy Yard Addition, according to the plat thereof, recorded in Volume 4 of Plats, Page 56, records of Kitsap County, Washington. DATED this ~ day of ~{_ , 1994. KITSAP COUNTY / TRANSAC ON EXCISE TAX PAiD JUL 27 ~994 ~ DONALD~..~,.SAMPO~~ AMOUNT 3~/~/ KIR $~fl~- ~-' COUNTY TREASURER STATE OF WASN[NGTON ) : SS. COUNTY OF KITSAP ) On this date, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, STATUTORY WARRANTY DEED -1- $~PO.S~ - ~15/94 personally appeared Donald A. Sampo and Kim Sampo, 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. GIVEN under my hand and official seal this ~/,~ day of ~/~ , 1994. Notary Publi/c ~n aM ~for the State of ~~4~a=, residing at ~ My appointment expires: /?~/~ . STATUTORY WARRANTY DEED -2- REAL ESTATE PURCHASE i~ND 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 know~ as 903 0vster Bay Avenue S. Bremert0n, WA 98312 , and legally described as follows: See Attached Exhibit "A" 1. PURCHASE PRICE: The total purchase price is FORI¥-IHREE IHOUSAHD, FIVE HU~IDR£D Dollars ($43.500.00 ). 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 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 Sellers 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 1 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 REAL ESTATE PURCHASE AND SALE AGREEMENT --1-- REPSA2.AGT - Agreement Forms - 5/9/94 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 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 fo? the current year, rents, insurance, interest, water and other utilities constituting liens shall be prorated as of date of closing. ~urchaser shall pay for remaining oil in fuel tank, the amount to be determined by the supplier. 6. POSSESSION: ~/~ 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 condition 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 9c~ptance 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 within 15 days after preliminary commitment for title policy is delivered showing title insurable, as~ove provided, but in ~n~ event not later than the /~ day of C_/~.~ __~ , 19 ~7 , upon which date the agreement sha~ terminate. The Purchaser and Sellers shall deposit with We Bremerton City Attorney all instruments, documents and monies necessary to REAL ESTATE PURCHASE AND SALE AGREEMENT -2- REPSA2.AGT - Agreement Forms - 5/9/94 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. 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 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 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, ~T~- -e~t!~g ~ar~_~tus 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 REAL ESTATE PURCHASE AND SALE AGREEMENT -3- REPSA2.AGT - Agre~ent Forms - 5/9/94 of any condition of this agreement shall be in writing and signed by the appropriate parties. CITY OF BREM~R~N <~._~ Date LYNN HORTON, Mayor PURCHASER ATTEST: ~THLE ENteL .~EY, Clerk ~ ~ctor of Public Works & Utilities TO FORM: RS, City Attorney Purchaser's Address: Bremerton City Hall Attention: Kathleen L. McCluskey, Clerk 239 Fourth Street Bremerton, Washington 98310 Purchaser's Phone: (206) 478-5290 ~ //~ , we hereby approve On this date and accept the sale set'f°rthin the above agreement and agree to carry out all the terms thereof on the part of the Sellers. We further acknowledge receipt of a true copy of this agreement signed by both parties. Sellers' Address: ~0~ ~ 0\/~ ~ ~j Seller's Phone: REAL ESTATE P~CHASE AND SALE AGREEMENT -4- FILED FOR RECORD - ,, ~..-,~. ~.~ ~ Statuto~ Wa:~ De~ xr~out~ ~°~ ~..:.,~ ~- ~.~.+ A true copy of the ng agreement signed by Sellers is hereby received on _ ~-~.~.~ , 19 . IAN R. SIEVERS Bremerton City Attorney\ Agent for Purchaser REAL ESTATE PURCHASE AND SALE AGREEMENT -5- REPSA2.AGT - Agreement Forms - 5/9/94 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (I0-I7-92) 48 0025 106 00179 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: LAN DT ITLE CO MP ANY ~'1 / ~ ~ j~Cf_.e.~,~ff~// OF KITSAP COUNTY, INC. 400 Warren Avenue Bremerton, Washington 98310 (206) 377- 0133 By: ALTA Owner's Policy (10-17-92) Bc~ 6: Box 7: Box 9:800 Box 15: Offioe File No.: E-98666-3 Policy Number: 48 0025 106 00179 Bate of Policy: July 27, 1994 at 3:41 p.m. P~unt of Insurance: S43,500.00 F~u,d.' ~: $228.00 1. Na~e of Insured: CITY OF ~b~T~N, a Municipal Corporati~ 2. The estate ~ tn~=~-t in the land ~hich is covered by ~hts policy is: A 3. Title to ~he e~tate 0~ interest in the land is %~s~ed in: CITY OF ~]~I~N, a Municipal Corporatic~ 4. The land referred to in ~his policy is ~crlbed as follows: ~ LEGAL D~II-£-(~ A'r£af~D ~ "E~IBIT A" ~) BY ~u~CE M~DE A PART SC~5~JLE A ALTA Owner's Policy 10-17-92 E~Ta~T ~A~ Off foe Ffle NO.: E-98666-~ I~t(s) 7, Block 5, Ole Hansen's Navy Yard Additi~, ~ to the plat thereof, recor~ in Vol~ ~ of Plats, PaGe 56, r~oc~s of K/tsap County, Wash~. ~B Office File No.: E-98666-3 Policy No: 48 0025 106 00179 This policy does not insure against loss or damage (and the C~,~any will not pay o0sts, att~' f~ or e~) which arise by r~ of: A. Rights or ~]aims disclosed only by possession, or claimed possession, of the. C. w~ms~ts, prescriptive rights, rights-of-way, ~t~ets, roads, alleys or D. Any lie~, or right to a lie~, for cc~tributic~s to ~,~loyee benefit funds, or for state work,rs' o~lsatic~, or for servia, labor, or mterial he~retofore E. Ta~es or special ~ts which are not yet payable or which or not shown as existing lie~s by the public recoxds. F. Any service, ins~llation, c~nnection, maintenanoe, tap, rap~.{ty or c~nstruction aboriginal rights, ir~luding easements or equitable servitudes. H. /_nd~an tribal oodes or regulations, Italian treaty ~r aboriginal rights, incl,~ltng I. Water riQ~ts, claims ~r title to water. fiz~t a{~pearing in the public reco~s, or attaching subsequent to the effective date hereof but pri~r to the date the p£uposed Insured ao~ir~s of reoo~d for Offloe File No.: E-98666-3 Policy No.: 48 0025 106 00179 ~ B - 1. E~s~r~nt as dedicated c~ the faoe of the plat of sa~d addtti~; For: sloDes, also the rlDht ~o dr~n all ~; .~ets over and ~uSS any lot or lots whe~ w~er might ta~e a ~tural Affects: said pr~nises and other p£u~_z Ly 2. ~ts, cctV/ticks and r~strictic~s oc~tntned in the followtn~ in~ L~cmmnt; N~r~ed: ~'~JARY 5, 1941 Recor~ No.: 327853 3.Covenants, u~l/tic~s and restrictions ~tain~d in the following in~ L~n~t; RecordS: MARC~ 9, 1990 Reoor~ No.: 9003090065 4. ~ ta~e~ for the seoond half of 1994, whioh bec~e delinquent afl~-r October 31, 1994, if unpaid; ~mount: $329.92 Tax A~count No.: 4546-005-007-0005 Af fe~,~cs: said pz~,.I ses Levy Code: 1390 Ass~-c~ed Value: ~47,810.00 NOTE: Gene_~al ta~es for the full year bill in an amount of 8659.84. AUT~C~IZED SIGNATC~Y OWNS~'S POLICY EhlXS~S~D~NTS: none OLE IIANSON'S NAVY YARD ADDITION I~ccorded: lebruary 5, 1941 Auditor's File No. 3278S3 I)eclaration of Protective Restrictions contained in instrument recorded February 5, 1941 under Auditor's File No. 327855,records of said county, substantially as follows: These covenants are to run with the land and shall be binding on all parties and all persons claiming under them until January 1, 1967, at Which time said covenants shall be automatically extended for successiv periods of 10 years unless by vote of a majority of the then owners of the lots it is agreed to chanRe said covenants in whole or in pffrt. If the parties hereto, or any of them, or their heirs or assigns shall violate or attempt to violate any of the covenants herein it shall be lawlor for any other person or persons o*rnin an real roe ......... g Y p. p rty situates in sa~a ueve~opment or suna~v~s~on to prosecute any proceedings at law or in equity a~ainst the person or persons violating or attempting to violate any such covenant and either to prevent him or them from so doing or to recover damages or other dues for such violation. Invalidation of any one of these covenants hy judgment or court order shall in no wise affect any of the other provisions which shall remain in full force and effect. Ali lots in the tract shall be known and described as residential l~ts No structures shall be erected, altered, placed, or permitted to remain an on any residential buildin~ plot other than one detached single-family dwelling not to exceed 2-1/2 stories in height and a private garage for not more than 2 cars. Mo buildin~ shall be erected, placed or altered on any building plot in this subdivision until the building plans, specification, and plot plan showin? the location of such building have been approved in writing as to conformity and harmony of external design with existing structures in the subdivision and as to location of the building with respect to topograI and finished grould elevation, by a committee composed of James E. Rice, E. ~. Phillips and R. E. Small, or by a representative designated by a majority of the members of said committee. In the event of death or resignation of any member bf said committee the remaining member or members shall have full authority to approve or disapprove such design and locatior or to designate a representative with like authority. In the event said committee, or its designated representative fails to approve or disapprove such design and location within thirty days after said plans and specificar have been submitted to ir or, in any event, if no suit to enjoin the erecti of such building or the making of such alterations has been commenced prio~ to the completion thereof such approval will not be requried and this Covenant will be deemed to have been fully complied with. Neither the members of such committee nor its designated representative shall be entitled to any compensation for service performed pursuant to this Covenant. The powers and duties of such committee and of its designated representative shall cease on and after January 1, 194S. Thereafter the approval described in this Covenant shall not be required unless, prior to said date and effective thereon, a written instrument shall be executed -continued- C~le [lanson's Navy Yard Addition by ~he then record owners of a majority of the lots in this subdivision and duly recorded appoin:ing'a representative or representatives who shall thereafter exercise the same powers previously exercised by said committee. .. No building shall be located nearer to the front lotline or nearer to the side street line than the building setback lines shown on recorded plat. In any event; no building shall be located on any residential buildin~ plot nearer than 20 feet to the front lot line, nor nearer than 10 feet to any side street line; except that on all triangular shaped lot: no buildinR' shall be located nearer than 15 feet to the front lot line no: nearer than 10 feet to any side street line. No building, except a detached garage or other outbuilding located 60 feet or more from the fror lot line shall be located nearer than S feet to any side lotline. No residence or attached appurtenant shall be erected on ap~ lot farther thm 30 feet from the front lot line. No residential structure shall be erected or placed on any building plot, which plot has an area of less than 5000 square feet or a w~atn of less than 50 feet at the front buildinfi setback line except that a residence may he erected or placed on lots I and 12, block 8, lot 8, block 12; lot 6, block 9, and lot 19, block ~, as shown on the recorded p; }!o noxious ot Offensive trade or activity shall be carried on upon any lot nor shall anythin~ be done thereon which may be or become an anno? or nuisance to the neiRhborhood. No trailer, basement, tent, shack, garage, barn, or other outbuilding erected in the tract shall at any time be used as a residence temporarily or permanently, nor shall any structure of a temporary character be used as a residence. No dwelling costing less than $2000,00 shall be permitted on any lot in the tract. The ground floor area of the main structure exclusive of 1 story open porches and garages, shall be not less than 600 square feet in the case of a one-~tory structure nor less than 500 square feet in the case of a 1-1/2, 2 or 2-1/2 story structure. An easement is reserved over the rear S feet of each lot for utility installation and maintenance. That any dwelling or str~cture erected or placed on any lot in this subdivision shall be completed as to external appearance including finished naintinf within 6months from date of commencement of constructiot and shall he connected to septic tank or public sewerage. each lo~ thereof. These covenants are impose~ pursuant to a general plan for the ~evelo~ment an~ use o~ the ~ubject 9roperty. The 9rogerty will be conveye~ by the undersigned, their successors an~ assigns~ subject hereto. These covenants shall run with the progerty, shall be bin~ng ugon all part/es having or acquiring any right, title or ~nterest in the subject progerty or any part thereof, aha shall inure to the benefit of each Owner any 9ortion of the subject real properky. ~. The area covere~ by these covenants is ~he entire area ~escribe~ as Inle~ View resi~ent~al co--unity. 2. NO structure other than s~e built or modular home may be erecte~ on a lot with a maximum of a two car garage. No mobile o~ manufacture~ homes will be allowed. 3. ~o Owelling with less than a ~,000 sq. feet shall be permit~e~ on any lot. Lansing, which inclu~es lots/~9-r. 10,11,12"ad~ 13 of block 12 along with loks ~6, 20 of bloc~l~'~ s~al-l~b~h~he~ha~'one story (]6 feet.-m~W~a~~street~-.but allows a ~aylight basement floor below 5. No structure shall be locate~ on any lot nearer the rear front or si~e yar~s than the minimum setback requirements of the County of Kitsa9. 6. Easements for utilities and arainage facilities are hereby reserve~ to the undersigned, their successors and assigns. 7. No noxious or offensive activity shall be carrie~ on ugon any lot nor anything be ~one thereon which may be or may become an anmoyance or nuisance to the neighborhood. 8. No structure of a temporary character, trailer, kent, basement, shack, garage, barn or any other outbuilOing shall be used on any lot at any time as a resi~ence, either te~9orarily or permanently. 00r~30~0015 9. No sign of any kind shall be displayed to the public view on any lot except one sign of not more than five sq. feet advertising the property for sale, rent or a construction sign during the period of construction. 10. All wiring to buildings shall be underground. 11. No animals, other than dogs, cats, caged birds and fish in tanks will be permitted on lot. no more than 2 dogs or cats shall be domiciled on any lot. 12. All ordinances, rules, regulations and other directives of government authorities with respect to the keeping of animals shall be complied with. 13. No radio, television antennae, or transmitters shall exceed the roof ridgeline of the dwelling and no separate towers therefore will be permitted. 14. NO lot shall be used except for residential use except home occupations approved by the county of Kitsap,. No building shall be erected, altered, placed or permitted to remain on any lot other than one detached single family dwelling not to exceed 2 stories in height. A -rental unit will be allowed in accordance with an ordinance allowing a rental unit within the dwelling unit, up to 40% of the total sq. footage of said dwelling and the main portion of the dwelling must be owner occupied, all rental units must conform with the applicable laws. 15. Any dwelling or structure erected or placed on any residential lot shall be completed as to external appearance, including finished painting, within 6 months after date of commencement of construction and shall be connected to the sewage system. 16. All front yards and landscaping must be completed within four months of the exterior completion of dwelling. 17. All trash and garbage shall be kept in proper sealed containers and not visible from the street. 18. Mechanical repairs to vehicles, boats or trailers performed outside shall be completed within 20 days. If said repairs are not completed with time limit, such vehicle shall be removed into a garage or removed from premises. ENFORCEMENT 90~'~3090065 -- Any lot owner in the plat of Inlet view shall have the right to enforce by any proceedings at law or in equity all restrictions, conditions, covenants. Failure by any owner to enforce these covenants shall in no event be deemed a waiver of the right to do so. The Drevailin~ party in any ~awsuit shall be entitled to any award of reasonable -- attorney fees and costs. SEVERABILITY Invalidity of any one of these covenants or restrictions by Judgement or court order shall in no way affect any other provisions which shall remain in full force and effect. AMENDMENT The covenants and restrictions of this declaration shall run with and be binding upon the land for a term of ten years from date this declaration is recorded with the Kitsap county Auditor, after which time they automatically extend for successive five year periods. The declaration may be amended at anytime by an instrument signed by not less than 1/3 of the lot owners. Any amendment must be recorded. IN WITNESS WHEREOF, the undersigned, bein~he declarent her~, ha~/hereunto set his han~l~h.~s. /2~rday of ////7/~r..W/~ , 1990. S. Michael R°dg6rs, ~larent ·'. STATE OF WASHINGTON ~.. ,,-,---~ UNTY OF KITSAP % "].-". -%On this day personally appeared before me :' ' B~ =~1 Rodgers, to me known to be Individual described . , ..$~ who executed the within and foregoing ,%~ ~'L~ment, and acknowledged that he signed the same as ~ee and voluntary act and deed for the uses and ~ "A~.9.~ ~ ~oses therein mentioned. ,... ,,,,.,,~%,w .,~ GI~N. UNDER MY H~D ~D OFFICI~ SEAL this F'LED FOR RECOR~ ~' /NO~RY ~UBLIC fn"knd for ~he state REQ. 0F [~ Tffff [N~ kU ~Washington, =esiOing at Bellevue ~AR 9 ~990~[~ KAREN FLYNN KITS~ ~UNTY AUDII0R 9 0 DEPUIY - ~_].~l-~: (206) 377-0'~'~ 1-800-950-4321 Fax: (206) 377-1428 ~.~.-. ~, ES,~,~: (206) 377-3005 Sil~.~,%~le Es~.~,;: (206) 692-4033 r,.~[ C~,.~d E.~c~ow: (206) 876-0450 239 4TH t~%~RT~q, ~% 98310 AL:.-,~=[c~: JACKIE C2~Ci~4 Yc~r I~o.: SA'v~O 0u= t~Jle No. :E-98666-3 LAND TITLE OCHPANY OF KITSAP CCUNTY ~ FROM THE OF-~CE OF: LAND TITLE CC~PANY OF K~SAP OC~FfY ~ FOR 'Z'-'i'LE IN~3~NCE 1. Effective Date: May 25. 1994 at 8:00 a.m. Office File No.: E-98666-3 AL~A 0~r~r's Policy 10-17-92 ~ate: RES.Pm~kLE /~ount: $ 43,500.00 (X) ~tar~;d ( ) Extem~ F~--,.:um: $ 228.00 ~u~)sed ~: Tax: $ 18.47 CITY OF ~ Tax: ~ CAN~,rATICN ~'~.'.: INCLUDING TAXES: $54.05 NOTE: In T~e event ther~ is no activity cn this file wi~h/n Six (6) mc~ths f~u. the effective date. the cancellatic~ fee may be billed. is: A ~ 4. Title to the e~Late or /nterest in the lend is v~ted in: IIHqALD A. SAMPO AAD K124 SAM~O. b,,~har~ and wife 5. The lar~ r~fe~d to in this C~,,~,~=nt is ~/bed as foll~.~: SE~ L~GAL DESCRIPTION ATTACHED ON "EXHIBIT A" AND BY R~mk/~ENCE MADE A PART HEREDF. O~flc~ File No.: E-98666-3 D~-£~C~: ~t(s) 7, Block 5, Ole F~scn's Navy Yard A~dlticn, acc~ to th~ plat thereof, reo~C~d in Vol%~e 4 of Plats, PacJe 56, r~mrds of Kitsap County, Wash~. SC~m~JLE B Offi~ File No.: E-98666-3 I~, ',*:~-'~.'l~flNlS FROM This policy does not insure ac~ loss or damac3e (ar~ the C~,~any will not pay costs, at~czrmys' fees or expenses) which arise by r~ of: A. Rights ~r claims a~a.osed only by pcssessicm, ~r claimed poss~sicn, of the B. Er~aue~;~mmts and ~-ticns of lccaticm, boun~ry ar~ area disclosed cmly by hiM rxTt ~t4,=~,-~l,-~ ]~ the public D. Any ll~, or right to a lien, for o~tributicns to 6~plo!~e ber~fit flnxts, or G. Reservatic~s and exceptic~s in United States Patents or in Acts autb'.£1zin~ the issuance t/~_reof. ft,~C a~r~r~ in the public recca~s, or atta~hir~ su~t ~o th~ eff~-~cive date hereof but Drior to tbs date of t~m ~uosed Inmwed ~,~es of r~r~rd for C~ FOR '£-'~'uE IN~ Office File No.: E-98666-3 S~ B-I 1. ~t ~ ~ ~ ~ f~ of ~ plat of ~d ~; ~ lot ~ lo~ ~ ~~t ~ a ~ ~ ~t; ~-~: ~ S, 1941 ~ · ,. ~ ~.: 3278~ ~,-,~: ~ 9, 1990 ~ ~.: ~65 4. ~ of ~, ~ ~ ~ ~~ of S25,470.~ ~,~ ~ ~, ~: ~Y 27, 19~ ~ ~T 1, 19~ ~ ~.c~ ~.: ~801~ ~: ~eM. ~, a s~le ~ ~: ~ Ti~e ~,~ of ~ ~ a. ~ ~i~'s ~ ~ ~i~ ~ ~t; ~: ~ 8, 1993 ~: ~ 9, 1993 ~ ~.: 9~0174 ~: ~ ~l~, a s~le ~ 5. ~ ~ ~~ ~ ~ly ~t f~ ~ Sm~ W~ ~ ~ ~ 17, 1991 ~r ~,~'s F~e ~. 91101701~. 6. ~ of ~, ~ ~ ~ ~hv~ of ~,2~.~ ~,~ ~ ~, ~: ~ 7, 1991 ~: ~ 17, 1991 ~ · ,,~ ~.: 9110170141 ~: ~d A. ~ ~ ~ ~, ~,~ ~ ~fe ~: ~ Ti~e ~ of ~ ~ ;C~ B-'[ - C~tinued F:i'~. NO. :'~-98666-3 a. The beneficiary's interest was assigned by instr~nent; D~ted: NOVS~RFR 7, 1991 E~rded: ~ 7, 1991 ~cordJr~ No.: 9111070131 To: Hurley A. F~j~ ar~ Jeanr~ D. Hi~s, b,,~hand and wife 7. Genex-~l lz~es for the seo~r~ half of 1994, which ~ ~l~14rc]u~t after October 31, 1994, if ur~nid; Am~x~t: $329.92 Tax ~t No.: 4546-005-007-0005 Affects: said pr~mi~_s ~ Code: 1390 A~sessed Value: 847,810.00 NOTE: General t~es for the ~lll y~ b411 in an ~Tount of $659.84. 8. Lie~S of r~l e~te excise ~ales t~x ~ any ~le of ~d ~L.~ses, if ur~aid. Exc~se t~x r~te for K~tsap County is 1.78%. ~C/rd '~*{I~ FOR '£-'A'~E INBUP~NCE Office File No.: E-98666-3 Sf~mDULE C The following are th~ requAz,~nts ~o he ~lied with: must he ~uperly exeo~t~d, d~]iv~.red, and duly filed for record. OLE IIANSON'S NAVY YARD ADDITION I?ecorded: lebruary S, 194l A,ditor's File Xo. 327853 Declaration of Protective Restrictions contained in instrument recorded February 5, 1941 under Auditor's File No. 327855,records of said county, suhs~antially as follows: These covenants are to run with the land and shal! be binding on all parties and all persons claiming under them until Sanuary 1, 1967, at Which time said covenants shall be automatically extended for successiv periods of 10 years unless by vote of a majority of the then owners of the lots it is agreed to change said covenants in whole or in p~rt. If the parties hereto, or any of them, or their heirs or assigns shall violate or attempt to violate any of the covenants herein it shall be lawlor for any other person or persons owning any real oronertv situate~ in said development or subdivision to prosecute-any-proceehin~s a~ law or in equity a~ainst the person or persons violating or attempting to violate any such covenant and either to prevent him or them from so doing or to recover damages or other dues for such violation. Invalidation of any one of these covenants by judgment or court order shall in no wise affect any o£ the other provisions which shall remain in full force and effect. All lots in the tract shall be known and described as residential No structures shall be erected, altered, placed, or permitted to remain an on any residential buildin~ plot other than one detached single-family dwelling not to exceed 2-1/2 stories in height and a private garage for not more than 2 cars. No building shall be erected, placed or altered on any building plot in this subdivision until the building plans, specification, and plot plan showin? the location of such building have been approved in writing as to conformity and harmony of external design with existing structures in the subdivision and as to location of the building with respect to topograI and finished grould elevation, by a committee composed of James E. Rice, E. ~. Phillips and R. 1i. Small, or by a representative designated by a majority o~ the members of said committee. In the event of death or resignation of any member bf said committee the remaining member or member~ shall have full authority to approve or disapprove such design and locatior or to designate a representative with like authority. In the event said committee, or its designated representative fails to approve or disapprove such design and location within thirty days after said plans and specificax have been submitted to it or, in any event, if no suit to enjoin the erecti of such buildin~ or the making of such alterations has been commenced prior to the completion thereof such approval will not be requried and this Covenant will be deemed to have been fully complied with. Neither the members of such committee nor its designated representative shall be entitled to any compensation for service performed pursuant to this Covenant. The powers and duties of such committee and of its designated representative shall cease on and after January 1, 1945. Thereafter the approval described in this Covenant shall not be required unless, prior to said date and effective thereon, a written instrument shall be executed -continued- rile Ilanson's Navy Yard Addition hv ~he then record owners of a majority of the lots in this s~bdivision a~d duly recorded appoint~ng'a representative or representatives who shall thereafter exercise the same powers previously exercised by said committee. .- No building shall be located nearer to the front lotline or nearer to the side street line than the building setback lines shown on recorded plat. In any event~ no building shall be located on any residential buildinH plot nearer than 20 feet to the front lot line, nor nearer than 10 feet to any side street line; except that on all triangular shaped lot~ no building shall be located nearer than 1S feet to the front lot line no: nearer than 10 feet to any side street line. No building, except a detached garage or other outbuilding located 60 feet or more from the fro; lot line shall be located nearer than S feet to any side. lotline. No residence or attached appurtenant shall be erected on a~y lot farther tha; 30 feet from the front lot line. No residential structure shall be erected or placed on any building plot, wblch ~lot has an area o~ less than SO00 square feet or a width of less than SO feet at the front building setback line except that a residence may he erected or placed on lots I and 12, block 8, lot ~, block 12; lot §, block O, and lot 1~, block 3, as shown on the recorded pl ~o noxious o~ Offensive trade or activity shall be carried on upon any lot nor shall anythin~ he done thereon which may be or become an anno~ or nuisance to the neiRhborhood. ?!o tra~ler, basement, tent, shack, garage, barn, or other outbuilding erected in the tract shall at any time be used as a residence temporarily or permanently, nor shall a~y structure of a temporary character oe used as a residence. No dwellinc costinc less than $2000.00 shall be permitted on any lot in the tract. The ground floor area of the main structure exclusive of 1 story open porches and garages, shall be not less than 600 square fee~ in the case of a one-stor~' structure nor less than S00 square feet in the case of a 1-1/2, 2 or 2-1/2 story structure. An easement is reserved over the rear S feet of each lo~ for utility installation and maintenance. That any dwelling or s~ructure erected or placed on any lot in this ' subdivision shall be completed as to external appearance including finished paintinc within 6months from date of commencement of constructio~ and shall he connected to septic tank or public sewerage. ? DECLAP. ATION OF pROTECTIVE COVENANTS FOR INLET VI~ ~SIDENTIAL CO.UNITY The undersigned, owner of the real property described as Inlet view residential co--unity, (formerly known as" 01e Hanson's navy ~rd addition) recorde~ on April, 20, 19~6 in volume 4, p~in the records of Kitsap County, ~snxngcon. ~ ~consist of 29+ lo~s (see attached legal), hereby declare and impose the following protective ~covenants restrictions,and conditions, (hereafter collectively called "covenants") upon said real property and each lot thereof. These covenants are imposed pursuant to a general plan for the ~evelopment an~ use of the subject property. The property will be conveyed by the undersigned, their successors and assigns, subject hereto. These covenants shall run with the property, shall be binding upon all parties having or acquiring any right, title or interest in the subject property or any part thereof, and shall inure to the benefit of each owner any portion of the subjec~ real property. 1. The area covered by these covenants is the entire area described as Inlet View residential co,unity. 2. No structure other than site built or modular home may be erected on a lot with a maximum of a two car garage. NO mobile o~ manufactured homes will be allowed. 3. No dwelling with less than a 1,000 sq. feet shall be permitted on any lot. 4. No dwelling or garage 16cate~ on the inlet'side of Lansing, which includes lots, ~,.10,11,12'ahd 13 of block 12 along with lots 16, 20 of bloc~ 1~, s~al-l~b~h~he~han-one story {16 feet.-mak~a~= ~fn~ street,'but allows a daylight basement floor below ~rade. 5. No structure shall be located on any lot nearer the rear front or side yards than the minimum setback requirements of the County of Ki~sap. 6. Easements for utilities and drainage facilities are hereby reserved to the undersigned, their successors and assigns. 7. No noxious or offensive activity shall be carried on upon any lot nor anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. 8. NO structure of a temporary character, trailer, basement, shack, garage, barn or any other outbuilding shall be used on any lot at any time as a residence, either temporarily or permanently. 90{~3090065 9. NO sign of any kind shall be displayed to the public view on any lot except one sign of not more than five sq. feet advertising the property for sale, rent or a construotion sign during the period of construction. 10. All wiring to buildings shall be underground. 1]. No animals, other than dogs, cats, caged birds and fish in tanks will be permitted on lot. no more than 2 dogs or cats shall be domiciled on any lot. 12. Ail ordinances, rules, regulations and other directives of government authorities with respect to the keeping of animals shall be complied with. 13. NO radio, television antennae, or transmitters shall exceed the roof ridgeline of the dwelling and no separate towers therefore will be permitted. 14. No lot shall be used ex~ept for residential use except home occupations approved by the county of Kitsap. No building shall be erected, altered, placed or permitted to remain on any lot other khan one detached single family dwelling not to exceed 2 stories in height. A -rental unit will be allowed in accordance with an ordinance allowing a rental unit within the dwelling unit, up to 40% of the total sq. footage of said dwelling and the main portion of the dwelling must be owner occupied, all rental units must conform with the applicable laws. 15. Any dwelling or structure erected or placed on any residential lot shall be completed as to external appearance, including finished painting, within 6 months after date of commencement of construction and shall be connected to the sewage system. 16. All front yards and landscaping must be completed within four months of the ~xterior completion of dwelling. 17. All trash and garbage shall be kept in proper sealed containers and not visible from the street. 18. Mechanical repairs to vehicles, boats or trailers performed outside shall be completed within 20 days. If said repairs are not completed with time limit, such_vehicle shall be removed into a garage or removed from premises. ENFORCEMENT 90[~3090065 -- Any lot owner in the plat of Inlet view shall have the right to enforce by any proceedings at law or in equity all restrictions, conditions, covenants. Failure by any owner to enforce these covenants shall in no event be deemed a waiver of the right to do so. The Drevailin~ oartv in any lawsuit shall be entitled to any award of reasonable · --- attornev fees and costs. Invalidity of any one of these covenants or restrictions by judgement or court order shall in no way affect any other pro¥tsions which shall remain in full force and effect. AMENDMENT .... The covenants and restrictions of this declaration shall run with and be binding upon the land for a term of ten years from date this declaration is recorded with the Kitsap county Auditor, after which time they automatically extend for successive five year periods. The declaration may be amended at anytime by an instrument signed by not -- less than 1/3 of the lot owners. Any amendment must be recorded. S. Michael Rodgers, ~ aren l~,$,%h.""i"l" ~%On this day personally appeared b~f0re me S. ."~':"J'~%"~% ~'=~1 Rod~ers, to me known to be individual describea .F~f~%~~ }%~ ':who ~xecuted the within and foregoing '~ .,%~ ~' ~ ~4~ment, and acknowledged that he signed the same .,.,% ~ ~e a~ ~olun~ary act an~ ~ee~ for the uses 8[Q OF I~ T~ [N~ k~ / NO~RY PUBLIC tn*%nd for the state . q~Washington, residing at Bellevue R[N FLYNN 90( 3090065 DEPUT~ -- r~.a:~-~-a-.~o~ L~d Ti'tlc Co~p~.? SL--~60-84 E-~*537~ DEED OF T~U~ 3.B. ~L-%RISi~I ~d IRUI)~;t%I. ht~l,~,~d wife _..n,~. lot 7. gl~k 5, Ole [~son's ~xT Yard Addition, according ~o Pla~ ~or~ed in Voi~ 4 of Plats, ~ge ~"'~ ~ ~ ;~'~'~~''t~''.,n,-., ~ . -...~ "=~ '" IEG~IBIT 'W' -- F~' IS F~~~ BY A P~OR ~ ~A~ CON~ L~ ~ ORIG~ BEL~ ~ ~ ~ER 5~ 197~ , ~ Ab~II~R'S FILE ~ICL~KY ~Y i~5 h'I~ ~%X~R ~o dischnrse s~id prior obligations · - ~e ~ider ~er~f ~ accor~ce ~d~ ~e te~ ~d condi~i~s ~ereL% ~d to hold Grouter Fn~ess fr~ ~uy liabilit~ ~ ce~tion there~dth. Should ~neSici~' fail ~ ~uy ~i%uer to so 8isc~rse the s~id obligation, the ~r~tor - here~ ray, ~ this option, r~e pa)~nts Uhcr~n ~d credit ~y ~d all such .... T~; ~d ~tercst ~ the ~aer ~eci~i~, ~o execute ~ deliver to Grater a F~I ~onvcy~ce ~o said ~al estate, excepting ~ ~r~ thereof hereafter t~kcn for ~alic use, free of one.broncos except ~y t~t ~ ~ attached after date of elos~g ~h~ugk ~y ~rson other ~ the ~uef~cia~, ~d Sb~ ~ ~ p.~,~ R~,~, [.~d Title C~n~ of Kitsnp Cotmt)- Of ~el~u Title ~r~ ..... . .,?..,-/-.?-____. ,, 8,08010040 L~ND T. tTL~ COMPANY DEED Of TRUST DAVID L. OTT $9.00KITSAP LTC COUntY FILED-BY: LAND-TITLE CO~tPANY ?~ NE LYN~WOOD OCT ~7~ ig~i~ ~:~ PH ~REJ~ FL~N~ AUDITOR REEL .0~2 FR DEED OF TR~T ~-~ ~j '_ ........................... · ho~d~:g~sh ~3 S. OYSTER BAY~ BR~M~RTO~ WA 98312 P.O. Box ~12, Btemerton~ WA THIRTY FOUR THOUSAND TWO HUNDRED FIFTY AND gO/~a,s (S : ' 34~250. ~0 ') This is an All-Inclusive Deed of Trust, subordinmte to an existing Deed of Trust, s~ount of $25,470.00 is in favor of J. B. HARTGTBOM AND TRUD¥ G. RARTSROM and was is made. Beneficiary agrees with Grantor to discharge the prior obligation in accordance with connection with it. Should Beneficiary ~ail in any manner to so discharge the prior Trust. encumbrances except any that may attach after date of closing through mny person Acknowledged and Accepted by: T~at 'DAVID L. oTr, a single m~n, for and in consideration of the sum of Ten thousand dollars ($10,000.00) does hereby assign and transfer to ~.HURLEY A. HIGGS and JEANNE D. HIGGS, husband and wife , that certain 'Prcmissory Note and De~d of Trust, bearing date the 6th of October, 1991, made and executed by ~onald A. Sampo and Kim Sampo, husband and wife and secured by following described property: ~Lot 7, Block 5, Ole Hanson's Na~y Yard Addition, according to the plat County, Washington. Deed Of Trust recorded in the office of the County Auditor of Kitsap County, State of Washington, on the 17th day of October 1991, in Reel 0612 , FR1284 , file 9110170141 and said assignees hereby authorized and ~pow~red to institute any action assignor might othe~ise .... '" .~.~ ..L..,. '.~J' · ' .~:: ~ .. ~ .. :~ . "~p,,~t~, ~ Kztsap ) ss ( Individual acknowledgment ) I,/~.~ ~' ~z-~CF~ , Notary Public in and for the of ~v~r.s~ , 1991, personally appeared before me DAVID L. OTT to me known to be the individual described in and who executed the within instrt~ent and ackr~wledged that he signed the same as his frae and voluntary act and deed for the uses and purposes herein mentioned. of ~/~ ~.~.~ , 1991. KITSAP COUNTY CHCK NOV 7, 1~9t, 3:20 FH KAREN FLYN~h AUDITOR '~a~blic in a~ for the State of CLERK: ~ILLER Washington residing at ~;~ ~. 9] [[070~3[ ;~L615~1873 I ~ 11724-CS E-796~I-4 N~ DOHALD I. SA~PO A~D KI~ ii'PO, K~REN FLYNN, cm~, STATE. ZIP BRKMERTON~ WA 96312 I~ ~l STATUTORY WARRANTY DEED DAVID L. OTT ~' c, ~SA~ OO.,~,~-t ~Y'Otb~ Said real estate is subject to an existing Deed o~ Trust, dated JULY 27, 1984 and recorded on AUGUST 1, 1984 under Auditor's File No. 8408010040, which said Grantors h~reih agree to make payments theroon until such time as the Deed o~ Trust they hold ~rom Grantees herein on the subject property, ia paid, at ~h~ch time they agree to pay their Deed of '[rust in ~ull and perfect this d~ed. If Grantor defaults in any of his payments on ~d Deed of Trust, Grantees herein abel! ~ave the right to make any payments necessary to resove the de~auit~ end any payments so made shall be applied to the payments next ~alling due the Grantor under the Note and Deed o~ Trust he holds ~rom the Grantees herein. Grantees accept this Oeed with the conditions set ~orth. DONALD A. 5AMPO KIM SA~PO~ DAVID L. OTT SELLERS' CLOSING STATEMENT SELLERS: DONALD A. and KIM SAMPO PURCHASER: CITY OF BREMERTON LEGAL DESCRIPTION: Lot 7, Block 5, Ole Hanson's Navy Yard Addition, according to the plat thereof, recorded in Volume 4 of Plats, Page 56, records of Kitsap County, Washington. AMOUNTS DUE/PAID SELLERS Total Purchase Price $43,500.00 Less Payoff Balance owing to Hurley A. and Jeanne D. Higgs, Beneficiaries, on that Deed of Trust dated 10/7/91 (32.743.23~ Cash payment payable to Sellers at Closing $10,756.77 REDUCED BY Sellers' Closing Costs: Title Insurance Premium (Land Title Insurance Company - Re: Order No. E-98666-3) $ 246.47 1% Real Estate Excise Tax (1.78% - Kitsap County Treasurer) 774.30 Reconveyance Fee for reconveyance of Deed of Trust dated 10/7/91 held by Higgs' (Land Title Insurance Company) 42.00 Total Sellers' Closing Costs $1,062.77 1,0~2.77 TOTAL CASH PROCEEDS PAYABLE TO SELLERS AT CLOSING $ 9.694.00 NOTE: A pro-rated share of the first-half of property taxes previously paid by Sellers on the above- described property will be reimbursed to the Sellers by the Kitsap County Treasurer after processing and recording of the Statutory Warranty Deed between Sellers and Purchaser. It is understood and agreed by all parties hereto that this closing statement is subject to audit and SELLERS' CLOSING STATEMENT -B- SAMPO.SC$ - REAL ESTATE - 6/15/94 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 i~ediately collected from the party or parties liable therefor. ACCEPTED MD APPROVE~ this ~ day of ~ ~ ~ , 1994. ~O~AL~ ~. S~PO F KIM S~PO-- SELLERS' CLOSING STATEMENT -B- SAMPO.SCS - REAL ESTATE ~ 6/15/94 PURCHASER'S CLOSIN~ STATEMENT SELLERS: DONALD A. and KIM SAMPO PURCHASER: CITY OF BREMERTON LEGAL DESCRIPTION: Lot 7, Block 5, Ole Hanson's Navy Yard Addition, according to the plat thereof, recorded in Volume 4 of Plats, Page 56, records of Kitsap County, Washington. AMOUNTS DUE/PAID SELLERS Total Purchase Price $43,500.00 Less Payoff Balance owing to Hurley A. and Jeanne D. Higgs, Beneficiaries, on that Deed of Trust dated 10/7/91 (32,743.23~ Cash payment payable to Sellers at Closing $10,756.77 ADD Purchaser's Closing Costs to Cash Payment Payable at Closing: Recording Fee for Statutory Warranty Deed (Kitsap County Auditor) $8.00 Total Purchaser's Closing Costs $8.00 8.00 TOTAL CASH REQUIRED FROM PURCHASER TO CLOSE $10.764.77 NOTE: It is understood and agreed by all parties hereto that 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 of ~_~ , 1994 . / ~ B~ ~ Bremerton City Attorney PURCHASER'S CLOSING STATEMENT SAMPO.PCS - REAL ESTATE - 6/15/96, PLEASE TYPE OR PRINT REAL ESTATE EXCISE TAX AFFIDAVIT Thls formlsyocr recclptwlm~ PLEASE SEE REVERSE by cashier. Form No. 84 000lA CHAPTER 82.45 RCW - CHAPTER 455-61 WAC For Use at County Tteasmer's Office (Us~ Form No. 84-000lB for Reporting Transits of Conuolling Imereat of Entity Ownership ~o the I~partment of Rewnue) THIS AFFll}AVIT W~LL NOT BE ACCI~TED UNLESS ALL AREAS 1--7 ARE FULLY COMPLETED ] Donald d. ,~ampo ~l City of I~ramarton Name -- -- -- I ~! IName Street 903 Oyst:.r Bay Avanu~ South ¢~212 Street 239 Fourth Streat !]City_ Bra.rton State !JA. Zip _lvRlrr~] r~ City- Br--rton Sta~ I~A. Zip 98310 ~'~ ADDP, E,~ TO SEhlD ALL PROPERTY TAX RELATED CORRESPONDENCE ALL TAX PARCEL NUMBERS City/State Br~mmrtort, ~JA. Zip q83]0 /'~ / ':4 .................................................................. ~: .................................. ~ LEGAL DESCRIPTION OF PROPEI~rY SITUATED IN [] UNINCORPORATED COUNTY IN CITy OF Brnm~rton 903 Ovstar Bay Aventm Soul:h, Bremmrton, 14eshington Street Address (if property is improved): Lot 7, Plock 5, 0l= Hanson's Naw Yard tdditio~, &ccordinl to the plst thereof, 'eeeordad in ¥oltnn~ ~ of Plats, Pag~ 56, ~eords of Kitsap Co~mty, Ii Is this property currently: YES NO ~lDescription of tangible personal property if included in sale (furniture, Classified or designated as forest land? [] ~ appliances, etc.) Chapter 84.33 RCW Classified as currem 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 pmperty under? Chapter 84.25 RCW l~lrty Type: [] land only [] land with new building Statutory ~arrenty l~d and with previously used building [] land with mobile home Type of Document [] timber only [] building only ,June ~ Principal Use: [] Apt. (4 + unit) 1~ residential Date of Document 43,500.00 [] timber [] agricultural [] commercial/industrial Gross Sale Price $ [] other Personal Property (deduct) $ ](1) NOTICE OF CONTINUANCE (Pew 84.33 or RCW 84.34) Taxable Sale Prlcc ~ $ 77,{. 30 Excise Tax State : $ -N- If the ecw owner(s) of land that is classified or designated as current use or forest land wish to continue thc classification or designation of such Local $ land, the new owner(s) must sign below. If the new owner(s) do not desire Delinquent Iniemst: State $ - to continue such classification or designation, all compensating or additional Local $ -0- tax calculated pursuant ~o RCW 84.33.120 aud 140 or RCW 84.34.108 shall Delinquent Penalty: State $ be duc and payable by thc seller or transferor at the time of sale. The county 774 · 30 assessor must determine if the land transferred qualifies to continue Total Due $ classification or designation and must so indicate below. Signatu~s do rHERE IS A $21)0 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 qualities, 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 ~ docs not qualify for continuance. Washington that the foregoing is lrue and con'eeL Da~ ' of / DEPUTY ASSESSOR nt L~JNALI~ &. ~11~o .~' (2) NOTICE OF COMPLIANCE (Chapter 84.26 RCW) Name (prin0 If the new owner(s) of property with special valuation us historic property wish to continue this special valuation the new owner(s) must sign below. Dal~ & Place of Signing ' If thc new owner(s) do not desire to continue such special valuation, ifil ~remer · ddifional tax cul¢~lated p~t to C~aptcr 8~.26 RE~t, shall be duc Signature of and payable by the seller or transferor at the time of sale. Grantee/Agent La? ?_ _e ! ~.xm_~ $ (3) OWNER(S) SIGNATURE~, ,, Name (print) ~tr~nerton City Attolmay ~ '~Date & Place 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 000IA 02-93) (PD 12-17-93) ~ FULL RECONVEYANCE LAND TITLE COMPANY THIS SPACE RESERVED FOR RECORDER'S USE: KITS~P COUNTY F,led for Record at Request of $7,00 LTC ILED-BY: LAIr9 TITLE COMPANY After Recording Mail to: ,~L ~3~ t~ ~2;~ P~ ~ ~, ~ITOR Name C~ OF B~TON ~LE~: F~ / Address 239 4~ S~ ~H lhe undor~i~n~d a~ tru~t~o under that certain Deed o[ lru*t, datod ~TOB~ 7 in which ~ A' S~O ~ KI~ S~ ~S~ ~ ~ i~ ~r~ntor and DAVID L. 0~, ~ ~I~ ~ is beneficiary, recorded on ~ [7 ,19 91 , as Auditor's File No. 9110170141 , in Volume ~[~ of Mortgages, at page 128~ . records of County, Washington. having received from the beneficia~ under said Deed of Trust a written request to reconvey, reciting that the obligations secured by the Deed of Trust has been fully satisfied, does hereby reconvey, without warranty, to the person(s) entitled thereto all of the right, title and interest now held by said tr~*stee in and to the property described in said Deed of Trust. AS IN RECORDED D>;~:I) OF TRUST Dated JULY 12 ,19 94 LAND ~ITI~ COMP_ANY.-~ KI~SAP COUNt/ ( : ""'"~Y ~: 7 ~ STEv~ D. G~, VICE ~SID~/ A~ORIZ~ SI~TORY (Name-Title) '~ o;'..,,.-~ ~ . '~. WAS~ STATE OF WASHINGTON STATE OF WASHIN~'~ KITS~ ~ ~s COONYY coo~w o~ ~ o.m~_ °~iZ~ ~aw~ ~Y ~ 94 ST~ D. to me known to be the ~ndiwdual described in and to me knownto be the VICE ~SID~ ~ AT~ORT?,~ SIG~TORY who executeo the wffhin and forego,rig mstru- of the ~ration that ex~t~ ~e for~i~ {nstmment a~ ~k~wl~ the said ~emL and acknowledged that __ s~gned the inst~ment to ~ the fr~ a~ v~un~ a~ and de~ of said ~ration, for the uses and same as free and voluntary act and deed. pur~sesthereinmentioned.~donoa~stat~that for the uses and purposes therein mentioned authoriz~toex~utethesa~instrument. GIVEN under my hand and ofhc~al seal th~s _ day of . 19 ~ ,ngton. res,d~ng at ~ '~o~ry Pubhc and for the State of Was g read,ne~ at ~0~ ~IS~ ~~ CO~SSIO~ ~I~S 5-9-96 LEGAL DEPARTMENT lan R. Sievers - City Attorney Civil Attorneys James J. McNamara Leila Mills Prosecuting Attorney T. David Apodaca Gateway to the Olympics and Home o~ the Puga Sound Naval Shipyard DATE: August 25, 1994 ~ .~ TO: Kathleen L. McCluskey, Administrative Services Director FROM: Jackie Cr°nk' Legal Assistant Bre~'o'~'''~ /~. RE: 903 Oyster Bay Avenue South, n, Washington Sampo/City of Bremerton Transaction Please find attached hereto the original Title Policy with regard to the above-referenced transaction. You will note that, under the "Special Exemptions" listed in the policy, it shows the second half of 1994 property taxes owing. I stopped by Land Title today to discuss this with them, as this should not have shown up on the policy since the City is exempt. We closed this transaction on June 22, 1994 and the first half ofproporty taxes had already been paid by the Sampos. The Sampos would therefore be entitled to a small reimbursement from the County after property taxes were pro-rated from the time the City took over the property. Sue Fowler-Line, of Land Title, checked with the County and saw that the taxes were now showing "exempt" and that there was a credit of $18.99, which is the reimbursement amount that willbe sent to the Sampos by the County (See copy of print-out from Land Title's computer attached hereto). So, item No. 4 under the Special Exemptions in the Title Policy can be disregarded. Please feel free to call our office if you have any questions in this regard. Attachments: as cited 239 4T}t STREET · BREMERTON, WA 98337 · (206) 478-5345 · FAX (206) 478-5161 $34,250.00 BREMERTON, WASHINGTON OCTOBER ?, 1991 FOR VALUE RECEIVED, DONALD A. SAMPO AND NlM SAMPO, husband and wife promise to pay to DAVID L. OTT AN UNMARRIED MAN , or order, at GREAT NORTHWEST, P.O. BOX 319, BREMERTON, WA 98310 , the sum of THIRTY FOUR THOUSAND TWO HUNDRED FIFTY AND 00/100 ($34,250.00) DOLLARS, with interest from OCTOBER 14, 1991, on unpaid principal at the rate of 11.50 per cent per annum; principal and interest payable in installments of FOUR HUNDRED AND 00/100 ($400.00) Dollars on the 1st day of each succeeding month, beginning on the 1st day sf NOVEMBER, 1991, and continuing until said principal and interest have been paid. A BALLOON PAYMENT SHALL 'BE MADE AT THE END OF ONE YEAR FROM DATE OF CLOSING, IN THE AMOUNT OF $1,200.00. THE BUYER HEREIN SHALL BE RESPONSIBLE FOR INSURANCE AND TAXES ON SUBJECT PROPERTY. THIS NOTE IS DUE AND PAYABLE IN FULL ON September 1, 2003 WHICH IS THE SAME DATE AS THE UNDERLYING DEED OF TRUST IS DUE AND PAYABLE. Each payment shall be credited first on interest then due and the remainder on principal; and interest shall thereupon cease upon the principal so credited. Should default be made in payment of any installment when due the whole sum of principal and interest shall become immediately due at the option of the holder of this note. Principal and interest payable in lawful money of the United States. If action be instituted on this note, I promise to pay such sum as the court may fix as attorney's fees. This note is secured by a DEED OF TRUST of even date. DONALD A. .SAMPO F KIM SAMPO, - Accepted ss to content I form: ~ ~ -7, ') '. -. ~[' LPB No.25 (9-86) '~-.. Interest Include / LAND TITLE COMPANY DEED OF TRUST ' , ............................ Filed q Title Company ~ .1.1724-CS E-7966i-4 ~ KITSAP COUNTY Name DAVID L, OTT gq. DO LTC FiLED-BY: LAND TITLE COMPANY Address 71 NE LYNNWOOD O~'r ~7! ~97i, 3:35 PM KARE{ FLYNN, AUDITOR ¢ity and State BELFATR, WA 98528 CLERIi: CHIPPS A.F.#: 91101713141 REI=L 0612 FR $.284 DEED OF TRUST I ............................ THIS DEED OF TRUST, made this 7 ~:~- day or Fi~'l'f'JRl:'n ,19 _9.1between DONALD A. SAMPO AND KlM SAMPOt husband and wife ,Grantor, whose addressis 903 S. OYSTER BAY, BREMERTON, WA 98312 LAND TITLE COIdPANY OF KITRAp COUNTY, a Wa, Corp,, 'I'HiJSTI;,I',', who~e address i~, P.O. Box 313, Bremerton, WA 98310 a.d, DAVID L. OTT AN UNMARRIED MAN ,Bcoeficiuy, whose address is ~ Ti NE LYNNWOOD BELFAIR WA 98528 WITNESSETH: Grantor hereby bargains, sells and conveys to '['ruslcc in ]'rust, witr~ power of sale, thc following described real properly in KITSAP County, .Washington: Lot(s) 7, Block 5, Ole Hanson's Navy Yard Addition, according to the plat thereof, recorded in Volume 4 of Plats, Page(s) 56, records of KITSAP County, Washington. FOR FURTHER TERMS AND CONDITIONS SEE ALL-INCLUSIVE RIDER HERETO ATTACHED · , - ~/~ ..- ... which real property ts not used prmnclpelly for agricultural or farming purposes together with all the tencm~l~ts,-harsdi*,~n~ents and appurtenances now or hereafter' thereunto belonging or in any wise appertaining, and the rents, issues and profits tberoqf'.** .'_- ... '- .' - This deed is for the purpose of securing performance of each agseement of grantor herein contained, ~fld:l~'ay~aqne~or"the~mm THIRTY FOUR THOUSAND TWO HUNDRED FIFTY AND 00/Joy, ars ($ ~ ~ ~3_4~',2 ..~.~0~ with interest, in accordance with the terms of a promissory note of even date herewith, payable to Bcoeficiary.:~s or~Jeir;, i'nd mede.by Grantor, end all renewals, modifications and extensions thereof, and also such further sums as may be advanced ~)¢ lo. tod b~' Beneficiary to Grantor, or any of their socccseors or assigm, together with interest thereon et such tats as shall be agreed upon, '¢....'./..*'-"~ .. To protect the security of this Deed or' Trust, Grantor covenants and agrees: 1, To keep ]he property in good condition and repair; to permit no waste thereof'; to complete any buJldinL structure or improvement being built or about to be built thereon; to restore promptly any building, structure or-improvement thereon which may be damaged destroyed; end to comply with all laws, ordinances, regulations, covenants, conditions and restrictions affecting the pruperw. * -~ 2, To pay before delinquent ail lawful taxes and assessments upon the property; to keep the property free and cleer or' ItU other chaz~es, liens or encumbrances Impeizing the security of this Deed of Trust. 3. To keep all buildings now or hereafter erected on the property described herein continuously insured aSaJMt ~ by Eh'e ot giber hazards In an amount not less than the tolal debt Socured by this Deed o~ Trust, Ail poil¢lur shldl bo held by the Benallciury, &nd be in such companies as the Beneficiary may approve and have loss payable first to the Beneficiary as its interest may appear end abed to lite OrarJgor, The amount collected under any insurance policy may be applied upon any indebtedness hereby ~ecured In such order es tho Beneficiary dudl determine. Such application by the Benafichzy sboil not cause discontinuance gl' any pruceedings to foreclose this Deed of'Trust, lA tho event i, ell rights of' the Grantor in insurance policies then in force thall pass to the purchaser at the ~'ornclorure sa.IL 'to t'ofeelo# this Deed of Trust. IT IS MLITUALLY AGREED TIIAT: 1, In Ibc evenl any porlion ur thc property is taken nr dama'ged in an ~ndm:nt ¢omain proceeding, Ihe entire amount of the award or such portion ~hereor =5 may b~ necessary LO I~lly ~atisly the obligation ~curcd hereby, ~hal] b,¢ paid to Beneficiary Lo be applied Io ~aid 2. By accepting payment of any sum s~cured hereby slier its duc date, Beneficiary d~ not waive its right to feflulre prompt payment t~llow~: (~) ~o the expense or [he ~alc, including a reasonable '['rustle% I%c and uilurney% fcc; (2) &u Ibc obligation ~cufcd by Ihis ~eed of ~ed of Trust, which r~cita] shall be prima fac~e ~viden~e of ~uch compliance and conclusive evidence thereof in favor or bona ride purcha~Ts and encumbrance~s rot value. 6. The power or sale conferred by this Deed o~ T~usl and by the Deed or Trust Act of the State of Washington i5 not an exclusive ~emedy; Bene~ciary may cause this Deed o~ Trust to he foreclosed a~ a mortgage. Dc~d of Trust or of any aclion or proceeding in which Grantor, Trustee uf Beneficiary shall be a parly unless such action or proceeding is ~.This Deed of Trust applic~ lo, inures lo Ibc benefit of, and is binding nol only on thc ps,lies herclo, but on their heirs, dcvi~s, whether or not named as Uencficiary herein. DONk~,D. A. SAtlP0 ! KlM C:AtlP0r "6 STATE OF WASHINGTON / STATI~ Ut" WASIII NG']'ON COUNTY OF. KITSAP ss. COUNTY O1: ss. On this day personally appeared before me On this day of DONALD A. gAMPO AND KIM ,qAis~0 ...... 19 , before me, lhe undersigned, a to me known to be the individual described in and Notary Public in and I'or lite Slate of Washington. duly commissioned and sworn, who executed the within and foregoing instrument, personally appeared and acknowledged that q'14!~¥ signed thc same as 'Pgn~'T~ free and voluntary act and and deed, for the uses and purposes therein men- Io me known to bc the President and Secreta~, Stoned. respeclivaly of Ihe corporation that execulcd the foregoing instrument, and acknowledged the said instrument to be Ihe free and voluntary act a'nd deed of said corporation, for , '. e uses and purposes ere n mentioned, and on oath sial. ed that ii!.'"'" ,~/'~'.." ' ,,- %'< .-.'.~ '% and Ihat the seat affixed is Ihe corporate seal ut* said corporation, G~ et ~ hand and olflclal sea tbs : ~ ..' ~'~' r~ W · - "' ,.,. ' Witness my hand and official seal hereto affixed the day and year f'ust . ~- ~% "~a d,'~;,'"'~ ~Bremerton residing at · ' · :M~.-'c~'~[~sign'expires 1/15/95' REC)UEST FOR FULL RECONVEYANCE "~ . . Do not r~ord. To ~ u~ed only when note hal Ix~nn paid. The undemgned :s the le~l Owner and holder orthe note and ail other indebtedness ~cured bytbe within Deed ~o~ TrU!!,:,Sald note. other indebtedness secured by said Deed of Trust, has been fully paid and satisfied; and you are hereby requested and to you of any sums owing to you under thc terms of said Deed of Trust, to cancel said note above mentioned, and all ~: other evidences or indebtedness leeured by said Deed of Trust dulivered lo you herewith, to~ether with the said Deed 0f Trust, and terms of said Deed of Trust all the ustate now held ~ This ia sn All=Inclusive Deed of Trust~ subordinate to an existing Deed of Trust, which All-Inclusive Deed of Trust secures Grsntor's Note for $34,250.00 as herein mentioned. The prior Deed of Trust securing Beneficiary's debt in the original amount of $25,470.00 ia in favor of J. B. HARTSTROM AND TRUDY G. NARTSROM and was recorded on AUGUST 1, 1984 under Auditor's File No. 8408010040, to which reference is made. Beneficiary agrees with Grantor to discharge the prior obligation in accordance with its terms and conditions, and to hold Grantor harmless from any liability in connection with it. Should Beneficiary fail in any manner to so discharge the prior obligation, the Grantor may, at his option, make payments and credit any and all such payments so made against the unpaid balance of the note secured by this Deed of Trust. Beneficiary agrees, upon receiving full payment of the Note, to provide the Grantor with an indefeasible estate in fee simple to the real property described, free of encumbrances except any that may attach after date of closing through any person other than the Beneficiary, and further excepting easements and restrictions of record, if any. Acknowledged and Accepted by: KIM SAMPO~, [ DAVID L. OTT fl C (.' C ~ ~ous~d doll.s ($10,000.00} d~ h~y assi~ ~ ~sf~ m~ by foll~9 descri~ ~ of ~t ~rd~ in ~e offi~ of ~e ~ty ~tor of ~ey, 8~e of ~s~n~on~ on ~e 17~ day of ~ 1991, au~riz~ ~d ~,~ to inmtitute ~y a~ion assi~or ~ght o~e~ise S~te of ~s~, do h~ c~fy ~t ~ ~s ~F ~ ~y fr~ ~ ~1~ a~ ~d d~ for ~e uses ~d p~ses ~ ~0n~. KITSAP COU?~Y $7. O0 CHCK ~OV 7, t99'l,, 3:20 ~ KAREN ~LYNN, AUDITOR '~oEary ~ublic in ~ for the State of CLERK: MILLER ~ashington residing at 91 11070131 1. Effectiv~ Date: May 25, 1994 at 8:00 a.m. Office File No.: E-98666-3 2. Policy car Policies ~ he issued: You= Refe~:~: SAMPO ALTA O~er's PoLicy 10-17-92 Rat~: RES.RW~LE Amount: $ 43,500.00 (x) St~zh~d ( ) Exte~a p~.~,~h,~: $ 228.00 P~sed Insured: Tax: $ 18.47 Tax: ~ CAI~:~-:h~ATION ~]:~ INCLUDING TAXES: $54.05 NOTE: In the event ther~ is no activity cn this file within six (6) tt~ effecti~ date, the car~l ] aticn fee may b~ billed. is: a ~:~: 5. ~ land r~fe~A=d to /n this C~,,L.~tment is ~e_~c~Ibed as follows: "%":~: ~ ~IC~ ATTAC}~D CN "EXHIBIT A" A~D BY Pa:,~'i:.i",E2',K~: MADE A PART