HomeMy WebLinkAbout9409060023 ~B. O0KI'T~ COUNTY CHCK
FILED~Y: CITY OF BREI~RTON
Filed for Record at Request of: ~ ~ ]~4!
-CLERK: I~'VN~
When Recorded Return to: ~t~. F. %:
REEL (:1~,2~. FR
Name Bremerton City Clerk
~ddress 239 ~ourth Street
Bremerton, Washington 98310
BTATUTORY WARR~)F~Y DEED
(For Use in the State of Washington Only)
THE GRANTORS, RALPH W. AMAN and WINIFRED M. AMAN, 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:
The North half of Lot 4 and all of Lot 5, 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; EXCEPT the East 10 feet
thereof.
KITSAP cOUNTY
TRANSACTION EXCISE TAX
I~PH
/~.
-' ~ U WI~IFRED/M. AMAN
STATE OF WASHINGTON)
: 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-
A~A#.S~ - Rea[ Estate - 8/1~
personally appeared RALPH W. AMAN and WINIFRED M. AMAN, 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.
~ ~G~nder my hand and official seal this~~ day of
· ~ , 1994.
,Ng_t~_ry Public in an.d .fc~ the~State of
My appoi/n~ment expires: ~-2-~-f~ .
STATUTORY W~RRANTY DEED -2-
AMAN.S~ - Rear EstaTe - 8/18/94
REAL ESTATE PURCI~ASE 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 1319 Cottman Avenue, Bremerton, Washington 98312,
and legally described as follows:
The North half of Lot 4 and all of Lot 5, 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;
EXCEPT the East 10 feet thereof.
1. PURCHASE PRICE:
The total purchase price is Fifty Thousand Dollars
($50,000.00) payable by Purchaser to Sellers, in cash, on the date
of closing.
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
REAL ESTATE PURCHASE AND SALE AGREEMENT --1--
AMAi~.AGT - Rea[ Estate 7/6/94
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
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:
i~_ Sellers shall deliver possession to Purchaser
closing.
on
__ d~y~ aZt~r clc=in~. Sellers agree to pay Purchaser the sum
~f $ 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:
Sellers have no knowledge of violations of any code in
existence when the home on the premises was constructed or
purchased by the Sellers, or when improvements were made thereon.
The Sellers have no knowledge of any violation of zoning
regulations in effect when the property was constructed or
purchased by the Sellers. The Sellers have no knowledge of any
material defect in the premises or improvements thereon. The
Purchaser has completed all inspections and tests it desires to
make and this agreement is not conditioned in any way upon any
additional test or inspections. Sellers make no warranties
regarding any condition of the property, including the septic
system, water quality or electrical systems. Purchaser offers to
purchase the property in its present condition, as is, on the terms
noted herein.
8. TIME FOR ACCEPTANCE:
Purchaser's offer is made subject to acceptance of Sellers on
or before Twelve o'clock midnight on 7--/~-?~
REAL ESTATE PURCHASE AND SALE AGREEMENT -2-
AMAN.AGT - Rea[ Estate ~6/94
9. TIME FOR CLOSING - RESPONSIBILITIES OF PARTIES:
The sale shall be closed in the office of the Bremerton City~
Attorney -.
_Ai~... ~_ dclivcrcd ......... = ............... , ....... = ....... · ....
~ not later than the 30~ day of /~e~¢t ,
19 qq , upon which date the agreement shallVterminate. The
Purchaser and Sellers shall deposit with the Bremerton City
Attorney all instruments, documents and monies necessary to
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.
\\
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REAL ESTATE PURCHASE AND SALE AGREEMENT -3-
AMAN.AGT - Rea[ Estate ~6/94
14. ATTORNEYS' FEES:
If either party hereto is required to retain an attorney to
bring suit or seek arbitration to enforce any provisions of this
agreement, said party shall be entitled to reasonable attorneys'
fees regardless of whether the matter proceeds to judgment or is
resolved by defaulting party curing default.
15. ENTIRE AGREEMENT: There are no other verbal or other
agreements which modify or affect this agreement. Time is of the
essence of this agreement. All subsequent modifications or waivers
of any condition of this agreement shall be in writing and signed
by the appropriate parties.
.CITY OF BREME~TON
Date LY4~N HORTON, Mayor
PURCHASER
ATTEST:
, Director of Public Works & Utilities
APeS TO FOi:~:
IAN 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 ~//~/4~ , we hereby approve
and accept the sale set f6rth in the above agreement and agree to
carry out all the terms thereof on the part of the Sellers. We
REAL ESTATE PURCHASE AND SALE AGREEMENT -4-
AHAN.AGT - Res[ Estate 7/6/94
further acknowledge receipt of a true copy of this agreement signed
by '
OINIFR~D M.
Sellers' Address:
Seller's Phone:
A true.copy of~t~e l~orego~n~ agreement si~9~d by Sellers is
hereby received on<_ ~ f ~/ ~._~.
/- /
1~ R2' fflEVERS
Bremerton City Attorney\
Agent for Purchaser
REAL ESTATE PURCHASE AND SALE AGREEMENT -5-
AHAH.AGT - Rea[ Estate 7/6/94,
ORIGINAL
BELLERS' CLOSING STATEMENT
BELLERS= RALPH W. AMAN and WINIFRED M. AMAN
PURCH~SER~ CITY OF BREMERTON
LEGAL DESCRIPTION~
The North half of Lot 4 and all of Lot 5, Block 9, Ole
Nanson's Navy Yard Addition, according to the Plat
thereof, recorded in Volume 4 of Plats, Page 56, records
of Kitsap County, Washington; EXCEPT the East 10 feet
thereof.
AMOUNTS DUE/PAID SELLERS
Total Purchase Price $50.000.00
Cash payment payable to Sellers at Closing $50,000.00
REDUCED BY Sellers' Closing Costs:
Title Insurance Premium
(Land Title Insurance
Company) $ 394.57
Second 1/2 Kitsap County
Property Taxes ($332.61
+ 184 days (Jul. i through
Dec. 31) = $1.81 per day
x 61 days (Jul. 1 through
August 30) (Kitsap County
Treasurer) 110.41
1% Real Estate Excise Tax
(1.78% - Kitsap County
Treasurer) 890.00
Total Sellers' Closing Costs $1,394.98 (1.394.98)
TOTAL CASH PROCEEDS PAYABLE TO SELLERS AT CLOSING $48.605.02
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.
SELLER'S CLOSING STATEMENT --1--
AHAN.SCS - REAL ESTATE - 8/2~/94
1994. d
~,ALPH" W. AMAN
WfNIFRE~'- M.- AMkN -- '
SELLER'S CLOSING STATEMENT -2-
AHAN.SCS - REAL ESTATE - 8/22/9/*
0~lG~t PURCHASER'S CLOSING STATEMENT
SELLERS= RALPH W. AMAN and WINIFRED M. AMAN
PURCHASER= CITY OF BREMERTON
LEGAL DESCRIPTION=
The North half of Lot 4 and all of Lot 5, 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; EXCEPT the East 10 feet
thereof.
AMOUNTS DUE/PAID SELLERS
Total Purchase Price $50.000.00
Cash payment payable to Sellers at Closing $50,000.00
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 $50.008.00
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. ~
CITY OF BREMERTON
PURCHASER'S CLOSING STATEMENT
AHAN.PCS - REAL ESTATE - 8/22/9&
?LEASE TYPE OR PRINT REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt when stamped
?LEASE SEE REVERSE by cashier.
Form No. 84 000lA
CHAPTER 82.45 RCW - CHAPTER 458-61 WAC
For Use at County Treasurer's Office
(Use Form No. 84~001B for Reporting Transits of ContwHhlg Interest of Entity Ownership to the Department of Revenue)
THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS 1--7 ARE FULLY COMPLetED
m Name RALP~ ~4. AHAN [] Name CI'I~r O~
Street }~. 281 Harding ~ }till Street 239 Fourth
City Allyr~ State ~JA. Zip 9852A : City Bretaerton State I,/A_ Zip
City/State Br~mrton, ~awh'lngt:on Zip 98337 .............. ~s:::::~:: ......................... ::::
]LEGAL DESCRIPTION OF PROPERTY SITUATED IN [] UNINCORPORATED COUNTY [~ ~3R IN CITY OF
Br~mer ton
1319 Cot tmsn Avenuw
Street Address (if property is improved):
The ,North half of Lot 6 and all of Lot 5, Block 9. Ole Panso~'s I~ev~ Yard Addition,
accordinr to the l~let thereof, recorded in Volma. l of Pht~, P~e 56, records
of lri~ep County, ~/aehin~ton, EXCEPT the East 10 feet thereof.
]Is this property currently: YES NO [] Description of tangible personal property if included in sale (furniture,
Classified or designated as forest land? [] [] appliances, etc.)
Chapter 84.33 RCW
Classified as current use land (open space, farm [] []
and agricultural, or timber)? Chapter 84.34 RCW
Exempt from property tax as a nonprofit [] [] If exemption claimed, list WAC number and explanation.
organization? Chapter 84.36 RCW
Seller's Exempt Reg. No ...... -- WAC No. (Sec/Sub)
Receiving special valuation as historic [] [] Explanation
property under?. Chapter 84.25 RCW ,.,
Pr~lerty l~pe: [] land only [] land with new building Statutory ~arrant"m' Dead
I_~ land with previously used building [] land with mobile home Type of Document
[] timber only [] building only (-t i./
Date of Document
Principal Use: [] Apt. (4 + unit) ~ residential 50,000,00
[] timber [] agricultural [] commercial/industrial Gross Sale Price $
[] other Personal Property (deduct) $
I~! (1) NOTICE OF CONTINUANCE (RCW 84.33 or RCW 84.34) Taxable Sale Price $ 50,000,00
Excise Tax State $ 890.00
If the new owner(s) of land that is classified or designated as current use Local $
or forest land wish to continue the classification or designation of such
land, the new owner(s) must sign below. If the new owner(s) do not desire Delinquent Interest: State $
to continue such classification or designation, all compensating or additional Local $ ..~..
tax calculated pursuant to RCW 84.33.120 cod 140 or RCW 84.34.108 shall Delinquent Penalty: State $
be due and payable by the seller or transferor at the time of sale. The county
assessor must determine if the land transferred qualifies to continue Total Due $
classification or designation and must so indicate below. Signatures do rHERE IS A $2.00 FEE FOR PROCESSING THIS FORM IF NO TAX IS DUE
not necessarily meco the land will remain in classification or designation.
If it no longer qualifies, it will be removed and the compensating taxes [] AFFIDAVIT
wilI be applied. All new owners must sign. I certify under penalty of perjury under the laws of the state of
This land [] does [] does not qualify for continuance. Washington that the foregoing is true and correct.
Date Signature of
DEPUTY ASSESSOR Grantor/Age L~ W. A~AR
(2) NOTICE OF COMPLIANCE (Chapter 84.26 RCW) Name (print)
If the new owner(s) of property with special valuation as historic property
wish tu continue this special valuation the new owner(s) must sign below. Date & Place of Signing
If the new owner(s) do not desire to continue such special valuation, all
additional tax calculated pursuant to Chapter 84.26 RCW, shall be due Signature of '\
and payable by the seller or transferor at the time of sale. Grantee/Agenl[ \ ~
\ JA~qE~ J. Hc,~-I32~APO~
(3) OWNER(S) SIGNATURE Name (print) } !--~:~-:t::::
Date & Place of Signing k:czn,:-~*-
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
TAXPAYER
FORM REV 84 000lA (12-93) (PD 12-17-93)
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 of the Puget Sound Naval Shipyard
DATE: September 7, 1994
TO: Kathleen L. McCluskey, Administrative Services Director
FROM: Jackie Cronk, Legal Assistant~Z~_. ~c---'E
RE: 1319 Cottman Avenue, Bremerton, XW_as'hington
AmardCity of Bremerton Transaction
The above-referenced real estate transaction has now been closed. I have attached hereto
the following for your information and file:
1. Original Statutory Warranty Deed between Ralph w. Aman and Winifred M. Amah,
as Sellers, and City of Bremerton, as Purchaser, together with corresponding 1
Excise Tax Affidavit receipt;
2. Original Sellers' Closing Statement; and
3. Original Purchaser's Closing Statement.
There were no underlying liens or mortgages against the property. I will forward the title
policy to you after we receive the same from Land Title.
Please let me know if you have any questions.
2394T11 STREET · BREMERTON, WA 98337 · (206) 478-5345 · FAX (206) 478 5161