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HomeMy WebLinkAbout9408190036 Filed for Record at Request of: !'~ When Recorded Return to: ~ i "i 't~' ~--~~R~ ~1~~~~' I Name Bremerton City Clerk Address 239 Fourth Street Bremerton. WashinatOn 98310 STATUTORY WARP~%NTY DEED (For Use in the State of Washington Only) THE GRANTORS, DAVID GEARING HUBBS and NELCITA A. HUBBS, 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 6; EXCEPT the East 10 feet thereof, Block 9, Ole Hanson's Navy Yard Addition, according to the plat thereof, recorded in Volume 4 of Plats, Page 56, records of Kitsap County, Washington. KITSAP COUNTY D~VID GEARI. NG HUB REASURER D STATE On this date, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared DAVID GEARING HUBBS and NELCITA A. HUBBS, STATUTORY WARR~_NTY DEED --1-- HUBB$.$~ -Reet Estate - 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 volunta~ act and deed, for the uses and pu~oses therein mentioned. GI~? under mY hand and official seal this~ .~/, day of ~~ , 1994. the ta e My/~pointment expires: . ROBERT M. MURPHY Notary Pu~-- Ca~x~a LOS ANGELES COUNTY Comm. Expires AUG 26.~ 995 STATUTORY WARRANTY DEED -2- #UBBS.S~O - Rea[ Estate - 7/21/94 REAL ESTATE PURCHASE AND 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 known as 1305 COTTMA~I STREET , and legally described as follows: (SEE ATTAC~tED EXHIBIT 'IA") 1. PLrRCHASE PRICE: The total purchase price is SIXTY-SEVE~ Dollars ($67,000.00 ~/~?.~ ). 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.AG? - Agre~ent Form - 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 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: 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 a~gptance 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 9~v~e provided, but in any event not later than the day of /V//~ , 19 , upon which date the a-~eement shall' terminate. The Purchaser and Sellers shall deposit with the 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, 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 REAL ESTATE PURCHASE AND SALE AGREEMENT -3- REPSA2.AGT - Agreement Forms - 5/9/94 of any condition of this agreement shall be in writing and signed by the appropriate parties. Date LYNN HORTON, Mayor PURCHASER ATTEST: KATHLEEN ~. McCLUSKEY, Clerk E PP~OVAL: EDDY CHU~ Director of Public Works & Utilities A TO FOR: ~-~N-R-.~ SIEVERs, 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 On this date s~t~rt~h~in , we hereby approve and accept the sale 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: Seller's Phone:3/O ~3~ ~ REAL ESTATE PURCHASE AND SALE AGREEMENT -4- REPSA2.AGT - Agreement Forms - 5/9/94 A true copy of t~beqforegoing agreement signed by Sellers is hereby received on (.~.~.~. . _ ~ ~~ ~ . IA~ ~. SIEVERS Bremerton city Attorney\ Agent for Purchaser REAL ESTATE PURCHASE AND SALE AGREEMENT -5- REPSA2.AGT - Agreement Forms - 5/9/94 EXHIBIT ~ Section 21, Township 24, Range 1E, Block 009, Lot 6 EX E 10FT. Ole Hanson's Navy Yard Addition. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) 48 0025 106 02442 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 oftbe 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. Issued by: LAND TITLE COMPANY CHICAGO TITLE INSURANCE COMPANY OF KITSAP COUNTY, INC. By: Bremerton, Washin~on 98337 (3~) 377- 0133 - By: Secretory ALTA Owner's Policy (10-17-92) LAND TITLE COMPANY OF KITSAP COUNTY ALTA ONNER'S POLICY STANDARD SCHEDULE A Office File No.: E-98893-3 Policy N,,-her: 48 0025 106 02442 Date of Policy: August 19, 1994 at 9:39 a.m. Amount of Insurance: $67,000.00 Pre~iu~: $291 .00 1. Name of Insured: CITY OF BREMERTON, a municipal corporation 2. The estate or interest in the lar~ which is covered by this ~olicy is: A FEE 3. Title to the estate or interest in the land is vested in: 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 ~/~IBIT 'A' Office File No.: E-98893-3 DESCRIPTION: Lot(s) 6; EXCEPT the East 10 feet thereof, Block 9, Ole Hanson's Navy Yard Addition, according to the plat thereof, recorded in Volume 4 of Plats, Page 56, records of Kitsap County, Washington. SCHEDULE B Office File No.: E-98893-3 Policy No: 48 0025 106 02442 EXC~FTIONS FROM COV]~AGE 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: G~ EXC~TIONS: 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, maintenance, 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 or 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-98893-3 Policy No.: 48 0025 106 02442 ALTA STANDARD OWNERS POLICY SCHEDULE B - cont'd SPECIAL EXCEPTIONS: 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. Easement, including its terms, covenants and provisions as disclosed by instrument; Recorded: FEBRUARY 5, 1941 Recording No: 327853 For: utility installation and maintenance Affects: portion of said premises 3.Covenants, conditions and restrictions contained in the following instrument; Recorded: FEBRUARY 5, 1941 Recording No.: 327853 4. General taxes for the second half of 1994, which become delinquent after October 31, 1994, if unpaid; Amount: $446.75 Tax Account No.: 4546-009-006-~008 Affects: said premises~ Levy Code: 1170 Assessed Value: $64,740.00 NOTE: General taxes for the full year bill in ~ amount of $893.51. END SCHEDULE B - OWNER'S POLicy ENDOR,E.E TS: N0.E " ........ d other parc,,, , -,. ~s an Js, While'it is ~,, ;.','sd to be correct, ~e ~mpany a~umes no WUMPHR ~ ..... I~b~ity lot any I~ ~dna by mamn of're. · ' ' ~ } I ' ~, I ~ ! ~ ~ ,,. .i .~1~¢-' 1~5 .~G~ · ~lr'~,~ ...... ~z' ~, ~', '~ ..', t LANSING I~''~,.. '~',' !~.~ l;~ .......... .7,~ ~t¢-,~,~~. ' ~ ~..~'~-'..,-,-- At-t~%l~: JAf/~IE CRf~ Your No.: Ia~ · Our File No. :E-98893-3 LAND TITLE fI1MPANY OF KITSAP COUNTY ~Y: ' ' 'Adt6~±~ s ~nat=r~ -l' ' ' ' .... ISSUED FRC~ THE O~'FICE OF: LAND T~'rLE fI~tPANY OF KITSAP COUNTY C~ITM~T FOR TITL~ 1. Effective Date: June 7, 1994 at 8:00 a.m. Office File No.: E-98893-3 2. ~olicy ar Policies ~o be issue: Your ALTA 0~r~r's Policy 10-17-92 Rate: RES.RESALE ~m0unt: $ 67,000.00 (X) St~xl~,~d ( ) Ext~%~4 Premium: $ 291.00 P~u~osed Insured: Tax: $ 23.57 CITY OF ALTA Loan Policy 10-17-92 Rate: ( ) s~i ( ) ~ ~ ~: Othe~ Co~ge: Amount: $ ( ) Star~-~cl ( ) ~ F~.:..tu,: $ P&oposed Irmured: Tax: $ Tax: ~ CA~:,:..rATION ~,:.: INCLUDING TAXES: $54.05 NOTE: In the event ther~ is no activity c~ this file within six (6) mc~th$ f~u~L the effective date, the car~llatic~ fee may be billed. is: A ~:,: 4. Title ~o the estate ~r interest in the land is vested in: THE S~CRETARY OF ~-rr~%N~ AFFAIRS HIS SUCCESSORS A~D ASSIGNS IN OFFICE 5. The land r~ferred to in this Oam~i~ment is d~ibed as follows: LEGAL DESC~IPTICN AT~ACHED ON "EXHIBIT A" AND BY P~'~NCE MADE A PART HEREOF. EX}{IBIT 'A' Office File NO.: E-98893-3 Lot(s) 6; E~ti~l' t~ FA~t 10 feet thereof, Block 9, Ole Hansc~'s Navy Yard ~4tic~, . ~ to the plat thereof, recc=ded in Volu~e 4 of Plats, Page 56, r~nrds of Kitsap S~mI~LE B Office File No.: E-98893-3 EF.?~rIC~S FR~M OOVEP~E This policy does not insure aga/nst loss or damage (ar~ the C~any will not pay costs, attorneys' f~-~ or expenses) which arise by r~a~ of: A. Rights or cla/ms disclosed only by possessicn, or e/aimed pcssessicn, of the inspectic~ of the ~.~ses or by survey. C. w~=~ments, ~=s~.~iptive rights, rights-of-ways, s~ets, rcA~s, ~l)ey~ c~r highways not disclosed by the public r~rds. D. Any lien, or right to a lie~, for ccnt~-ibutic~s to e~lo~ benefit funds, or for state workers' ~,~ensatic~, or for servi~ces, labor, or ~terial heretofore or her~*~er furnished, al 1 as imposed by law, and not shown by the public records. E. Taxes or sp=~ al assessments which are r~t y~t palrable or which ~e not shown as F. Any service, inst~llatic~, connectice, m~ntenance, tap, capacity or cnns~,uct/c~ chazy~s for sewer, water, eleot~icity, na~ gas or other utilities, or garbage G. ~_serlratic~s and exc~pticmus in United States Patents or in Acts authoriz/r~ the issuar~e thereof. H. Indian tribal codes or regulatic~s, Indian treaty or ~borig/nal rights, including I. Water rights, claims, or title to w~ter. J. Defects, lie~s, encumbrark-~s, adve_v~oe cl,/ms or other matters, if any, cz=ated, first appear/rig in the public records, or attach/rig subsequent to the effective date hereof but prior to the data of the proposed Insured ac~,ires of record for value the estate of interest or mortgage thereon covered by this C~.~.~tmant. FOR SPECIAL ~£1(1~S, SEE A'rraf~iED O~l'l~tT FOR TITLE INSURANCE Office File No.: E-98893-3 ~ B-I SPECIAL 1. Easement as dedicated on the face of the plat of said ~t~4ticn; For: slo~-s, also the right to drain all ~tz~ets over and a~s any lot or lots where w~ter might take a natural course Affects: said premises and other property 2. w~_nt, incl,~g its terms, covenants and pz~visic~s as disclc~ed by ir~, ~ent; ~sc~rded: ~'~UARY 5, 1941 Recording No: 327853 For: u~t1~ty insV~llatic~ ar~ m~nt~uance Affects: po~ticxl of said premises 3. Covenants, oJ~-alitic~s and restrictic~s oc~tained in tb~ following in~ment; ~.~.r.~: ~dARY 5, 1941 R~co~-ding No.: 327853 pzovisicns; Dated: SEptemBER 15, 1986 ~: ~-~mm~3ARY 12, 1988 ~.~.~dtr~ No.: 8802120066 Seller: Admir~$t~tor of Veterans Affairs, an officer of the United States of America Purchaser: David Gearir~ Hubbs and Nelcita A. Hubbs, his wife Excise Rece/pt No.: 718 5. General taxes for the s~Tc~d h~lf of 1994, which ~ delir~uent after Oc~_r 31, 1994, if unpaid; Amount: $446.75 Tax ~ .2.~unt No.: 4546-009-006-0008 Affects: said pr~ises Levy Code: 1170 Assessed Value: $64,740.00 NOTE: Ger~ral taxes for th~ full year bill in an amount of S893.51. 6. Liens of ~ estate excise sales tax upon any sale of said premises, if unpaid. Excise tax r~ts for Kitsap County is 1.78%. ~/rd ~ Sl~IAL bi'IONS CC~V~TM~qT FOR %'zT~E ]5~SURANCE Office File No.: E-98893-3 SO-IEDULE C ~ ~ ~ly ~]~, ~l~, ~ ~y f~ f~ ~~C~ 327852 ...... - .... 0 "'~' ~' T~-~-,r, ..I..V.:~-- ;'.Cfp V.E.N A.N T S : . ' · J~mes E. Rice and Ze!pha B. Rice~, his wife, o~ers of ~he afterdesc=~bed real property, hereb~ declare the herein- aTter 'res'tri~i~p~te be ~rotective covenants '~ning .against ~he fol.~owing de$c~ibed proper~y, to-wit: ." Lots 1 to !~ incl., Block 8; .Lot 6, Block 9; -'~ots'6-10---~~ 1~; and '< . Lots 1-i0 incl., 19 a~ 2'O~Blo~k-t~-- All i~ O!e Hanson* s ~'~a~ Yard Additio~, - Kitsap Co~ty, Washington. Leslie J~ l;auzle and Naugle, biz wife, o~,~ers of ~he ~x'terdescribed reaz propert2, also h~reby. declare the ho~'ei.~arter reztriction~s ~o be ~orotective cov~ e~hs ~J..-':i:~L_~6ai.~st the roL!owiac r. escri~ed property, to-wit: Lots 1-5 i:~c!., 7, ~, and lO-15~Incl., Block Xitsap Co~.ty, '~ashington. E. Xerry Schaeider a.~d Gl~dys E. Cc~eider, his v, ife, declare the hereL~'rter r=st.~ctio~s to be protective cov- enants turn,ins ~-ai~.zt t'.,o z'o!!owi~ described ~rooerty, . to-wit: N~ oI' lot & end lot 5, Dlock 9, all 91e H~uson'z J~vy Yo. rd Additioa, Eitsap . E. ~. ~:~all a~d T~:a ~.m-Ll, hi~?,~ers of the aftor~escribed real .~ro~erty, also hereby in~ft~r restrictions to be jrotective coven~.nts runu~ng ~gni.,~t.~e rollowi~ dezcribed 2roperty, to-wit: .......... Lot~ ~_,~E and S~, Bloch D, ~11 t~ . Cmmty-,~ashing$on. Lincoli~ 'Slee ~.nd Hs.r!e ~lee, his wii'e, o?.ne~'s ~f the .... lnaf~r rostrictions to be 9rotective coven~.nts run~ing a~jaic, s~ the followl:~g dezcribe~?roperty,-to-wit:__. · ...... Eof ~ '~ Additi6~.. ~'.~tsa~. Cm~t~y, V~'ns~i~;.. ~ ~lly 'extended ""'" '.' automatic for sUccessive peri6ds'or 'ten ye'a'rs : .~j. unless.by vote of~a,maJority .of the '~' o~'~e~ · · ' If the oart~es hereto, ,.or~t~em or their~heirs.... - · or assigns, sh~ll~.violate or ' Covenants-herein-=it ~ shall- b, '- pe=sons o~ng any .rea~' ' .- or; subdiv~.~on~$o': ~, · equity, ag~n~t..-th~ person or.-perso~s .v~olating to violate ann';such Cove~t~an~.~lthert~o'.prevent;~h~..or %hem from soYdoin~ or to recdv~.~a~ges or othe~ such viol~tion. Inwilda~n or.~ny one or the~e--Ooven.~~%- ~, . or court or~e~ 'shall in no wise affect ~y or the Sther provisions ~;'hich shall remain in tull force ~.nd ~fec~ 1. Ail lots in the tract~shall be.~o{:~ and described as residential lots. ~o st~u~res shall be erected, altered, placed,' or .,erslitted to re~aln on any residen~la-1 building 'e~:cee~ tro and one-half s~ories in he~ght-:m~.a-Driva, te-. - ~~ ,~lace~ t r~ ' °~~il ~he building. ~eh~ b~ildinj have been r~L~roved in v:ritin8 as to conx'ormity ce~-aAA u'ith existing st~'uctures in · the subdivision, and as to ioeztioa of the building with respect to to:)ogra.,hy a'~d finished -roun~ elevatio%%,.b~- [~ co~:~lttee couposed of J.ues E. Hlce~ ~.'w.F~a~l~ and ~. ~. Suall, or by a Fepl'esentative desi~;nated b~, a ~Jority of the ¥~ith like autho¥ity. ~n tlc event said co.,~,ittee~ or its - desig~:nted re.,resentative, fails to ap. rove or dfsa~prove s=ch s~"~-~_,,.. ':nd location %';ithin ~hrity days after said'olans. aad s~.ee'~'icatiu~s huve been submitted to it or, In a~y'event~ if. no suit ,rD enjoin the erection of such buildi~%~ or the ~ · co.:?31etio, thereof~ such ao.~roval will not be required ~nd this Covena_~t %%'ii1 be dee.u~ to have 'been I'ully Comp!~d with. i;either the ;~embers of such co.~ittee~ nor its designated rel)ref, e~tative shall be entitled to any compensation for sePvi~es-?erformed pursuant to this Covenant. The - and dutie~ '" such ~ .... ~en t a tiv~ ~ i ~h'~lC~ F~e Lin ~id--ar ter-January-lst,_ i~5. ' -The~o~I'~.er the ap?royal dc scrlbed~n this - b~ re~Jifed~nless,-~irl6~' to ~k~d da{e a ~ effective, t~ereon, · - a J~:rltten instr~aent sh~ be executed by the then'~ecord ~-<.:d '' ~: ' ' ' 3.' Ho b'ulidil~-g~qal! be located nearer to the front ' ' . lot li.~e o~ nez~e~ to the Side ~tve~%'-IfJi'O t!~aW~ke-bulldinE · · '' setback lines sho~ on the recorded plat. In'any event~ no ' building sh~l be located on any reside~ltial building olot. nenrer th~n twe~%tY feet to the front lot line~ nor nearer .' _.< ,. ~ et to ony s~de sD, eet=-lin~.~ce'ot that on all "~ . triangular ~ha~9..l°ts~ no ou~.~{~, .~6r nearer Zhan ten ' ' ~- ~ -~,--*ure ~sll be' er~dted'or, placed, ' ,-, be uvccted or ,laced on lot~ 1 and lf'~ .Block S; lot 8: .... . ~ _.-~%~ ~o~lock ct aa shovm on the" o~ 't%e o' t' ~i~$i~' ,~cceted .~. . . J l)._.Tha{ e:,y~f.'~,'cll:c%g or st~.uctave · , . ~: any lot i;~ 'this 'suLdixiisiun shall b~ co=2Iete'! as to .. ~:oLstructi3,% nn,]' ~,.hall be ... ,., - .,.~.-:~.:~.j.. .,.. . , . / ,~V !' T-i '~'. INSTALLMENT CONTF~ACT FOR SALE OF REAL ESTATE COUNTY 0E~UTY. ~ BY r-~ ...... (2) 'The sener31 taxes and special a.~,.~ments, which th.e (10) All unpold water and sewal~e.disposal charades for (G) Itoa~ and hll~hwsys. {12} The constitution, bylawb, ruk*s, ~,,[ulatinn~, n.strie. 8'802 12006(::, 8802 120066 ~[[t4518 96t Co be ~he Eree and vo~.unC~ry ~. ~ . , .', ~ ~ ~SEAI,~ ~¢'~ wAs~,,, 8802120066 REEL451~ 963 ~ . ORIGINAL ~ELLERS' CLO~N~ ~T~TF~ENT ~ELLERS: DAVID GEARING HUBBS and NELCITA A. HUBBS PURCH~BRz CITY OF BREMERTON LEGAL DBBCRIPTION: Lot 6; EXCEPT the East l0 feet thereof, Block 9, 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 $67,000.00 Less Mortgage Payoff Balance to Standard Federal Savings Association (See Exhibit "A" attached) f41.432.43) Cash payment payable to Sellers at Closing $25,567.57 REDUCED BY Sellers' Closing Costs: Title Insurance Premium (Land Title Insurance Company) $ 314.57 Second 1/2 Kitsap County Property Taxes ($446.75 + 184 days (Jul. 1 through Dec. 31) = $2.43 per day x 39 days (Jul. 1 through Aug. 8) (Kitsap County Treasurer) 94.77 1% Real Estate Excise Tax (1.78% - Kitsap County Treasurer) 1,192.60 Recording Fee for Statutory Warranty Deed (Fulfillment of Installment Contract for Sale of Real Estate dated 8/15/86 held by Standard Federal Savings Association (Kitsap County Auditor) 8.00 Total Sellers' Closing Costs $1,609.94 (1.609.94) SELLER'S CLOSING STATEMENT --1-- HUBBS.SCS - REAL ESTATE - 7/21/94 TOTAL CASH PROCEEDS PAYABLE TO SELLERS AT CLOSING $23.957.63 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. 1994.ACCEPTED AND APPROVED this ~A)O day of ~ , DAVID GEARING HUBBa,/ NELClTA A. I'tUBBS SELLER'S CLOSING STATEMENT -2- HUBBS.SCS - REAL ESTATE - 7/21/94 To: 5~3571 Fro~: ~F~8 ?-~-~ i:3Dp~ July 08, I994 V Fax 296 478 5161 Attn Jackie City Of Bremerton Ph 206 478 7955, LOAN NO: 57387! LOAN TYPE: VA VA GUARANTY NO: SHOOIOG10 PROPERTY AODRESS: Contact No: [000]000-0000 1305 Cottman Ave Bremerton WA 98312-47G0 BORROWER: David G Hubbs This ~ayoff has been calculated through and including August 08, 1994. Thls zoan ls due for the August 01, 1994 payment. The total unpaid Principal Balance is: $ 41,022.93 Interest at 9.50000% 399.50 Interest at 0.00000% .00 FAX FEE 10.00 * * * * TOTAL AMOUNT TO PAY LOAN IN FULL * * * * * $ 41,432.43 If funds ars recelved after August 08, 1994 interest will be due at a rate of $ 10.G8 Per Gay For the First Mortgage. the Second Mortgage. The above Figures are subject to Final verification by the noteholder. Verbal inquiries require the mortgager's social security number. Rayoff figures may be adjusted if any check/money order previously received is rejected by the institution upon which it was drawn. The mortgagee reserves the right to withhold the issuance of the satis- faction of mortgage until all funds due are received by our office. Issuance of this statement does not suspend the contract requirement to continue to make the mortgage payments when due. A late charge of $ 19.22 will be assessed 1G days after a current payment is due and should be added to the payoff total if received after that time. : 573871 Fruln: SF2~ ?-8-94 l:30pm p. P~yoff Figures are subject to change due to escrow disbursements'. If ~ £unds are escrowed for taxes and/or insurance, payment for these items · will be made in the ordinary course of business prior to receipt of payoff funds. A loan will not be considered paid in Full, and interest will continue to accrue, until payment is received for money advanced to pay escrow items. Please contact our office at 1-800-444-8443 for updated figures at closing. Remittance of the payoff funds must be made by cashier's or certified check to Standard Federal Savings Association or by a wire transfer (please see procedures below). All funds received after 4:00 RM (Easter Standard Time) will be processed the next business day and will require addiiional interest. All funds received on a Saturday or a holiday will be processed the followin9 business day and will require additional interest. The payoff check and related documentation should be sent to the following address: Standard Federal Savings Association ATTN: PAYOFF OERARTMENT 1010 5280 CORRORATEO ORIVE FREOERICK, MO 21701 if funds are being wired, the wlrln9 instructions are: ABA No. 091000022 First/Minneapolis SFSA ACCT: 1-702-25088153 REF: (Loan No./Borrower's Last Name) ATTN: PAYOFF OERARTMENT 1010 Please submit your payoff check or wife to the attention of the Payoff Department at the address, or per the wiring instructions, shown above. Also please write your loan number on the face of the check. Standard Federal Savings Association is authorized as the agent of the owner of you loan to receive your payoff payment. Upon receipt of your payoff, we will process the release of your mortgage. If these payment instructions are not followed, the release of your mortgage may be delayed. Cancellation of life, hazard or flood insurance policies is not our responsibility. If these policies are to be cancelled, please make the appropriate arrangements with the insurance carriers. if you need to contact us, please call 1-800-444-8443 or fax your inquiry to us a 1-301-696-4566. ORIGINAL PURCHASER'S CLOSING STATEMENT SELLERS~ DAVID GEARING HUBBS and NELCITA A. HUBBS PURCHASER= CITY OF BREMERTON LEGAL DJSCRIPTION~ Lot 6; EXCEPT the East 10 feet thereof, Block 9, 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 $67,000.00 Less Mortgage Payoff Balance to Standard Federal Savings Association {41.432.43) Cash payment payable to Sellers at Closing $25,567.57 ADD Purchaser's Closing Costs to Cash Payment Payable at Closing: Payment of one-half of Appraisal Fee performed by Henrichsen Appraisal Company (1/2 previously paid by Sellers) $200.00 Recording Fee for Statutory Warranty Deed (Hubbs/City of Bremerton - Kitsap County Auditor) 8.00 Total Purchaser's Closing Costs $208.00 208.00 TOTAL CASH REQUIRED FROM PURCHASER TO CLOSE $25.775.57 It is understood and agreed by all parties hereto that this closing statement is subject to audit and should there be any errors or omissions, they are to be corrected. Further, if any legitimate monetary error is discovered, it is to be assessed and immediately collected from the party or parties liable therefor. PURCHASER'S CLOSING STATEMENT HUSBS.PCS - REAL ESTATE - 7/21/94 ACCEPTED AND APPROVED this '~1 day of , 1994. /. C , ON Brom. rton ¢±t¥ Attorney PURCHASER'S CLOSING STATEMENT HUBBS.PC$ - REAL ESTATE - 7/21/94 ~LZ~S~ ~ O~ ~U~T REAL ESTATE EXCISE TAX AFFIDAVIT ~ ~ ~ Fo~ No. ~ ~ CHA~ER 82,45 ~W - CHA~ER 4~8~1 WAC ~r Use ~ ~n~ T~'~ O~ CITY OF BR~ON 65~6-009-~6-0008 N~ Bremer ton, Waeh~n~coa 98337 Zip LEGAL DE~RI~ON OF ~Y SI~ATED ~ ~ UNINCOR~RA~D ~UN~ ~ Gl IN C~ OF Br~erton Strut ~as (if p~ is ~r~): l ~05 Cot~ AV~U~ ~t 6: ~C~ ~ha East 10 faat thar~f, Block 9, 0la Hanson*s ~a~ Yard according to tha plat thereof, record~ in Vol~ 4 of Plats, Pag~ 56, of Kitsap Cowry, Washington. ils this property currently: YES NO [] Deseriptio~ of tangible persomd property if included in sal~ (furniture, Classified or designated as forest land? [] ~ appliances, erg.) Chapter g4.33 RCW Classified as torrent use lam (open space farm [] and ~gr cultaral, or timber)? Cbupter ~4.~4 RCW Exempt from property tax as a nonprofit [-'] ~ If ~mption claimed, list WAC numbur and egplanatlon. o~,,anlzatlon? Chapter ~4.36 RCW ~,_ Seller's Exempt Reg. No ...... -- WAC No. (~nc/$ub) Receiving special valuation as historic [] ~ Explanation prepeny under7 Chapter 84.25 RCW Property Type: [] !and only [] land with new building Statutory Warranty Dead ~land wilh previously used building [] land with mobile bum~ ~l~pe of Doonrncnt [] timber only [] building only August 8, 1994 Principal Use: [] Apt. (4 + unit) {~ residential Date of Docufllcot [] timber [] agriculW, ra] [] commerelal/industrlal Gross Sale Price $ 67,000.00 [] other Personal Prnpeny (dednc0 $ -0- [] (1) NOI'ICE OF CONTINUANCE (RCW g4.33 or RCW g4.34) Taxable Sa!e Price ' $ If Ibc new owacr(~) of land thai is ciastifind or deSignat~'d as current use Excise Tax Sta~ ! i $ or forest land wish to confiou~ the classification of deligaation of such Local $ la~, gg new owner(s) must sign below. If fig new owner(s) do not desire l~limlnont Interest: State S 0 to continoe such classifgatlon or designation, all comlgnasting or additional l. xgal $ 0 tax calculated p~rseam to RCW ~4.33.120 and 140 or RCW ~4.34.10~ gmall be du~ and payable by fig anser or tren~eror nt the time of sale. The ceonty Delinquent Penalty: Stag $ assessor most determine if fig land transferred qualJf~s to continue Total l~e $ classification or dosignation and must so Jndicag below. Signatures do THERE 1~ A $2~0 Plgg FOR PP. OCEN~NO T~I~ FORk{ IF NO TAX ~ DUE not necessarily m~an fig land will renmin in classification or designation. If it no longer qonlifies, it will be removed and tlg compensating loxes [] AFFIDAVIT will he applied. All new owners must sign. I nattily raider pen~t~ of I~ imder b ~ of the ~ of This land [] does [] does not qualify for cop*Anoance. Washh18ton tlmt the foreg~ln~ b'true nnd correct. Da. Sisnature of ~,' ..... Ds~r~ ~s~ssog Grantor/Agent , '~ *-" (2) NOTICE OF COMPLIANCE (Cbepter ~4.26 RCW) Nar~ (print) DAVID C, EARINC, HU If fig new owner(s) of property with spnclal volition as historic, propen*y .w.i..siltocontinnctllisspnc{alvaluationglenowowncr(s)m~tslgnbelow. Date & Place of Signing August 8, 1994 u...u~., new owner(s) do not desire to nestling sc, ch special valuation, all p~/able by fig selkr or tmaferor at fig time of sola. Grnn2edAgent (~} OWNER(~ 81GNATURE Name (prin0 LA.N R. ~u~usc ~, Date & Place of $i_~nin_~ ~ .... "~"~"_ IdA, PERJURY: Perjury is a class C felony which is punishable by imprisonment in a slate correctional institution for a maxtnmm term of not more than five years, or by a fine in an amount fixed by the cour~ of not more than five thousand dollars or by both imprisonment and fine (RCW 9A.20,020 (lC)). FOR TREASURER'S USE ONLY ~/" TAXPAYER FORM RBV 84 000lA (12-~3) (PD ~-17-~3) " / , / '' '" '-'~'. ,:,: !',T~- .:. INSTALLMENT CONTRACT FOR SALE OF REAL ESTATE 130S CO~N A~E, ~RDIERTON, 98312. 880212006~ LEGAL DEPARTMENT Standard Federal Savings Association 5280 Corporated Drive Frederick, Maryland 21701 ATTENTION: Payoff Department 1010 Re: David G. Hubbs, Borrower 1305 Cottman Avenue Bremerton, WA. 98312 Loan No. 573871 Loan Type - VA VA Guaranty No. SH0010610 Dear Sir or Madam: The City of Bremerton has purchased the above-referenced property from David G. and Nelcita A. Hubbs. I have enclosed a Check herein for the amount of $41,432.43, which is the payoff balance for Loan No. 573871 as of August 8, 1994 (closing date for the transaction between Hubbs and the City of Bremerton), pursuant to that Payoff Statement dated July 8, 1994, received from Standard Federal Savings Association. I have enclosed a copy of said Payoff Statement herein for your reference. Please apply the enclosed check to the loan and return to our office a Statutory Warranty Deed in fulfillment of the Installment Contract for Sale of Real Estate between David Gearing Hubbs and Nelcita A. Hubbs, as Purchasers, and Administrator of Veterans Affairs, an Officer of the United States of America, as Seller, dated September 15, 1986. I have enclosed a copy of said Real Estate Contract herein for your reference. Pleas~ do .not ~esitate to call our office should you have any questions in this regard. Thank you for your assistance. Sincerely, JA~KIE R. CRONK Legal Assistant Enclosures: as cited cc~ Mr. and Mrs. David G. Hubbs 3uly 08, 1994 V Fax 206 478 5161 Attn 3ackie City Of Bremerton Rh 206 478 7955, LOAN NO: 573871 LOAN TYPE: VA VA GUARANTY NO: SH0010610 PROPERTY AOORESS: Contact No: (000)000-0000 1305 Cottman Ave Bremerton WA 98312-47G0 BORROWER: David G Hubbs This Form must be completed and sent back with the payoff Funds to assure that funds and documents will be mailed to the proper address. _PLEASE TYPE OR PRINT *NFORMATION. Borrower's forwardin9 address where refunds should be mailed: NAIVE: David G. Hubbs ADDRESS: 15206 USS Missouri CITY: San Pedro STATE: California ZIP: 90732 PHONE: (310) 530-9669 Release documents should be mailed to: NAME: City of Bremerton, Legal Department AOORESS: 239 Fourth Street CITY: Bremerton STATE: ~{ashington ZIP: 98337 ESCROW/FILE NO: 697 PHONE: (206) 478-5345 PLEASE NOTE: IF this form is NOT completed and returned with the payoff remittance, all documents will be forwarded to the mortqagor at the current mailing address on our system. Standard Federal ~avings Assoclaflon will not be responsible for any delay due to incorrect or missing information. '.ed for Record at -- ~ ~equest of: When recorded Return to: BREME'RTON CITY CLERK 239 4TH STREET SPECIAL W~Y DEED BREMERTON WA 98337 The Grantor, as Secretary of Veterans Affairs, an Officer of the United States of America, whose address is Department of ~ ',terans Affairs in Washington, D.C. 20420 for a~d in consideration of th~ sum of ten dollars ($10o00), in hand paid, and other valuable consideration, b~rgains, sells, and conveys to DAVID GEARING HIIBBS and NELCITA A. HIIBBS, his ~ife, the following described real estate situate in the county of KITSAP and ~tate of Washington: Lot 6 EXCEPT the East 10 feet thereof, Block 9, OL.'q H3%NSON'S NAVY YARD ADDITION, as per plat recorded in Volum~ 4 of Plats, page 56, records of KITSAP County; situated in KI~ ~AP County, Washington. This deed is given in fulfillment of that certain ~;eal estate contract between the Secretary of Veterans Affairs and the grant(-~ herein, dated the 15th day of September 1986 and conditioned for the con%'ryance of the above described property, and the covenants of warranty herein contained shall not apply to any title interest or encumbrance arising by, ~:~rough or under the purchaser in said contract, and shall not apply to any t;*xes, assessments or other charges levied, assessed or becoming due subsequent to the date of said contract. Subject to all easements, restrictions and reserw.-_ions of record, if any. Grantor warrants the title to all the above desc~ ~ ed property against the claims of any and all persons claiming or to claim ~}~s same or any part thereof by, through, or under the Grantor. IN WITNESS ~EREOF, Grantor, on the 6th day or October 1994, has caused this instrument to be signed and sealed in his nm:,,~. and on his behalf by the undersigned Assistant Loan Guaran'ty Officer, b,sing thereunto duly appointed, qualified and acting pursuant to sections 512 & 3720 of Title 38, United States Code, and section 36.4342 of the Regulatio;s pursuant thereto, and who is authorized to execute t~is instrument~ JESSE BROWN Secretary of Veterans Affairs EXCISE TAX EXEMPT By TREASURER Pursuant to a delegation of authority contained in VA Regulation 36.4342 KIT~P C~ FIL Y: 0F B RTON FL , ITOR CLE : I certify that I know or have satisfacto~ ev[oence th.~t J~es P. Tierney signed this inst~ent, on oath stated that be ~.s a~tho- i~ed. to e~=~c,lte the instr~ent and ac~owledge it as the Assistant Loan Guaz:.~nty Officer of the Department of Veter~s ~fairs pursuit to a delegation c.~ authority from the Secreta~ of Veter~s Affairs, to be the free and vol~ta-:7 act of such party for the uses ~d pu~oses mentioned in the instr~ent. Dated October 6, 1994 .~,[~ ....ZS~~ .... ', lic {~ ~ .~*-- ~. ~ ~.: ~ appointment e~ires % ,' .... 7.~. .... 1AN R. SIEVERS, City Attorney 239 4th Street · Bremerton, WA 98337 · (360) 478-5345 · FAX (360) 4'78-5161 DATE: February 8, 1996 TO: Kathleen McCluskey, Administra??e~ervices Director FROM: Jackie Cronk, Legal Assistant~~ l) RE: 1305 Cottman, Bremerton, Washih~ton Hubbs/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. Special Warranty Deed I will forward the title policy on this transaction to you after we receive the same from Land Title. Please let me know if you have any questions in this regard. Attachment: as cited · Celebrating 50 Years of Freedom · 1AN R. SIEVERS, City Attorney 239 4th Street · Bremerton, WA 98337 · (360) 478-5345 · FAX (360) 478-5161 DATE: February 29, 1996 TO: Kathleen McCluskey, Administrative Services Director .~1 . Cronk, Legal Assistant~-Y~ FROM: Jaclde RE: 1305 Cottman Avenue Hubbs/City of Bremerton 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. · Celebrating 50 Years of Freedom · LEGAL DEPARTMENT lan R. Sievers - City Attorney Civil Attorneys James J. McNamara Leila Mills Prosecuting Attorney T. David Apodaca C, aleway 1o the Olympics and Home of the Puget Sound Nat~ Shfpyard DATE: August 26, 1994 TO: Kathleen L. McCluskey, Administrative Services Director FROM: Jackie Cronk, Legal Assistant RE: 1305 Cottman Avenue Hubbs/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. Statutory Warranty Deed between David Gearing Hubbs and Nelcita A. Hubbs, husband and wife, as Sellers, and City of Bremerton, as Purchaser, together with corresponding 1% Excise Tax Affidavit; 2. Sellers' Closing Statement; and 3. Purchaser's Closing Statement. Mr. and Mrs. Hubbs had an underlying mortgage on the property held by Standard Federal Savings Association. The mortgage was paid off on August 8, 1994 (see copy of letter to Standard Federal Savings Association attached hereto for your information). I will be sure to send you a copy of the Statutory Warranty Deed in fulfillment of the Installment Contract for Sale of Real Estate when I receive it from Standard Federal Savings Association. (Copy of Installment Contract for Sale of Real Estate, dated August 15, 1986, is also attached hereto for your information). I am holding a $8.00 check made payable to the County Auditor which will be used for the recording fee for the Deed. Please let me know if you have any questions in this regard. 2394T}I STREET · BREMERTON, WA 98337 · (206) 478-5345 · FAX (206) 478-5161