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HomeMy WebLinkAbout9411220042 . -R.[TS^P COUNTY ORIGINAL ,-,, NO KITSAP COUNTY TRANSACTION EXCISE TAX ~e~ Recorded ~e~ ~o: PAID ~V ~ ~ ~aae ~eae~[o~ C~v Cle~ ST~TOTORY NAP~NTY DEED (For Use in the State of Washington Only) THE GRANTOR, PACIFIC COAST INVESTMENT COMPANY, a Washington corporation, for and in consideration of good and valuable consideration, conveys and warrants to the CITY OF BREMERTON, a municipal corporation, the following described real estate, situated in the County of Kitsap, State of Washington: That portion of the Southwest quarter of the Southwest quarter of Section 22, Township 24 North, Range i East, W.M., in Kitsap County, described as follows: Commencing 90 feet East of the Northwest corner of the Southwest quarter of the Southwest quarter of Section 22; thence riunning North 89°§1'3§" East 234.20 feet; thence South 20o32'00" West 98.34 feet; thence South 89~51'35" West 219.63 feet; thence North 00~02'54" West to the Point of Beginning; EXCEPT the East 100 feet as measured along the North line therof; ALSO that portion of the Southwest quarter of the Southwest quarter of Section 22, Township 24 North, Range i East, W.M., in Kitsap County, Washington, described as follows: Beginning at the Northwest corner of the Southwest quarter of the Southwest quarter, Section 22, Township 24 North, Range i East, W.M., in Kitsap County, Washington; thence North 89~51'35" East 90 feet; thence South 0~02'54" East 92 feet to the place of beginning of this STATUTORY WARRANTY DEED --1-- P-COAST.~M) - Rea[ Estate Dir. - 11/3/~ A.F.i: 9z //2200, 2 REEL 0837 FR l -&O description; thence South 0°02'54" East 119 feet; thence North 89o51'35'' East 142.84 feet; thence North 20o32'00" East 127.20 feet; thence West 187.56 feet to the Point of Beginning; EXCEPTING THEREFROM= Beginning at the Northwest corner of the Southwest quarter of the Southwest quarter; thence North 89o51'35" East 314.20 feet, more or less, to the West margin of Bayview Drive; thence South 89o51'35" West 100 feet; thence South 00o02,54- West 92 feet to the True Point of Beginning; thence continue South 00e02'54" West 100 feet; thence East to the West margin of Bayview Drive; thence Northeasterly along the West margin of Bayview Drive to a point East of the Point of Beginning; thence West 70 feet, more or less, to the Point of Beginning; AND EXCEPT the South 19 feet as conveyed by Auditor's File No. 861508. DATED this IO day of ~ ~(~--~ , 1994. PACIFIC COAST INVESTMENT COMPANY ROBERT B. CH~.STERF~LD, SR. STATE OF WASHINGTON) : SS. COUNTY OF KITSAP ) On this day, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared ROBERT B. CHESTERFIELD, SR., to me known to be the President, of PACIFIC COAST INVESTMENT COMPANY, the Corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said Corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument. GIVEN under my hand and official seal this./D~ day of /~O~e~--- , 1994. ~.-~-;"~°%**'~"~""~m~'~%~w~ ~ NN~ ar~ubl~c fn an~ ~or the State of = ~%%' % My app6intment expires: STATU~~ DEED -2- P-CGAST.$~ - Re~[-~F~te Di~. - 11~/~ 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 4313 "C" STREET~ BREMERTON~ WA 98312 , and legally described as follows: (SEE ATTACHED EXHIBIT "A") 1. pLrRCHA S E PRICE: The total purchase price is FORTY-FIVE THOUSAND Dollars ($45~000.00 ). 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 INSLrRANCE: Sellers shall furnish to Purchaser a Washington Land Title Association Standard Form Owner's or Purchaser'~ Policy of Title Insurance in ~e amoun~ cf t~e purchase price. Sellers authorize the closing agent to apply as soon as Dractical 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 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: ~//{'~//f-- Sellers shall deliver possession to Purchaser on closing, or s 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 acceptance 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 above provided, but in any event not later than the __ day of , 19 , upon which date the agreement 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- ~EPSA2oAGT - Agreemen~ Forms - 5/9/94 of any condition of this agreement shall be in writing and signed by the appropriate parties. .CITY OF BREMERT N Date LYNN HORTON, Mayor PURCHASER ATTEST: KATHLEEN(L. McCLUSKEYI Clerk D EP~RTM~ APPROVAL: ~~H/U~ D~irector of Public Works & Utilities 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 , we hereby approve and accept the sale set forth in the above agreement and agree to carry out all the terms thereof on the part of the Sellers. We further acknowle- --.-~ A~ ~ ~,~ coDY of this agreement signed by both parties. 6/23/94 NOTE: Robert Chesterfield, President of Pacific Coast Investment Company, Signed the legal description attached to this agreement, rather than the agreement itself. Ian has noted this and advises that the agreement Sellers' Addres: will be okay signed this way. Jackle Cronk Seller's Phon, REAL ESTATE PUR A true copy of th~regoing agreement sig~ed by Sellers is hereby received on ~ ~~~S '---- -- Bremerton City Attorney\ Agent for Purchaser REAL ESTATE PURCHASE AND SALE AGREEMENT -5- R£PSA2.AGT - Agreement For~ - 5/9/94 Exhibit "A" WIP : ATS/C2330 LEGAL DESCRIPTION FOR 222401-3-002-2003 06/07/94 : SECTION 22 TOWNSHIP 24 RANGE 1E : i THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST : 2 QUARTER OF SECTION 22, TOWNSHIP 24 NORTH, RANGE i EAST, : 3 W.M., DESCRIBED AS FOLLOWS: COMMENCING 90.FEET EAST OF THE : 4 N~RTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST : 5 QUARTER OF' SECTION 22; THENCE RUNNING N89*51'35"E 234.20 : 6 FEET; THENCE S20'32'00"W 98.34 FEET; THENCE S89'51'35"W : 7 219,63 FEET; THENCE NOO*O2'54"W TO,THE POINT OF BEGINNING; : 8 EXCEPT THE EAST 100 FEET AS MEASURED ALONG THE NORTH LINE : 9 THEREOF; ALSO THAT PORTION OF THE SOUTHWEST QUARTER OF THE : 10 SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 24 NORTH, RANGE 1 : 11 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE : 12 NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST : ].3 QUARTER, SECTION 22, TOWN~HIP 24 NORTH~ RANGE i EAST, W.M.; : 14 THENCE N89*51'35"E 90 FEET; THENCE S0'02'$4"E 92 FEET TO : 15 THE PLACE OF BEGINNING OF THIS DESCRIPTION; THENCE Co~ly known as 4313 "C!' Street, Bremerton, WA 98312 Sekler I Date Buymr Date AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) 48 0025 106 00824 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 rifle; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. In Witness Whereof, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as of Date of Policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory. CHICAGO TITLE INSURANCE COMPANY Issued by: By: OF KITSAP COUNTY, INC. 400 Warren Avenue Bremerton, Washington 98310 (206) 377 - 0133 By: ALTA Owner's Policy (10-17-92) Box 6: BOX 7: .Box 9: Box 15: LAND TITLE COMPANY OF KI?SAP COUNTY ALTA OWNER'S POLICY STANDARD SCHEDULE A Office File No.: E-99381-3 Policy Number: 48 0025 106 00824 Date of Policy: November 22, 1994 at 10:06 a.m. Amount of Insurance: $45,000.00 Premium: $325.00 1. Name of Insured: CITY OF BREMERTON, a municipal corporation 2. The estate or interest in the land which is covered by this policy is: A FEE 3. Title to the estate or interest in the land is vested 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 EXHIBIT ~'A' Office File No.: E-99381-3 DESCRIPTION: That portion of the Southwest quarter of the Southwest quarter of Section 22, Township 24 North, Range 1 East, W.M., in Kitsap County, described as follows: Commencing 90 feet East of the Northwest corner of the Southwest quarter of the Southwest quarter of Section 22; thence running North 89°51'35'' East 234.20 feet; thence South 20032'00'' West 98.34 feet; thence South 89051'35'' West 219.63 feet; thence North 00002'54'' West to the Point of Beginning; EXCEPT the East 100 feet as measured along the North line thereof; ALSO that portion of the Southwest quarter of the Southwest quarter of Section 22, Township 24 North, Range 1 East, W.M., in Kitsap County, Washington, described as follows: Beginning at the Northwest corner of the Southwest quarter of the Southwest quarter, Section 22, Township 24 North, Range 1 East, W.M., in Kitsap County, Washington; thence North 89051'35'' East 90 feet; thence South 0002'54'' East 92 feet to the place of beginning of this description; thence South 0002'54'' East ll9 feet; thence North 89°51'35'' East 142.84 feet; thence North 20032'00'' East 127.20 feet; thence West 187.56 feet to the Point of Beginning; EXCEPTING THEREFROM: Beginning at the Northwest corner of the Southwest quarter of the Southwest quarter; thence North 89051'35'' East 314.20 feet, more or less, to the West margin of Bayview Drive; thence South 89051'35" West 100 feet; thence South 00002'54'' West 92 feet to the True Point of Beginning; thence continue South 00002'54'' West 100 feet; thence East to the west margin of Bayview Drive; thence Northeasterly along the West margin of Bayview Drive to a point East of the Point of Beginning; thence West 70 feet, more or less, to the Point of Beginning; AND EXCEPT the South 19 feet as conveyed by Auditor's File NO. 861508. SCHEDUL.~ B Office File NO.: E-9938~-3 Policy No: 48 0025 ~06 00824 EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: GENERAL EXCEPTIONS: A. Rights or claims disclosed only by possession, or claimed possession, of the. premises B. Encroachments, and questions of location, boundary and area disclosed only by inspection of the premises or by survey. C. Easements, prescriptive rights, rights-of-way, streets, roads, alleys or highways not disclosed by the public records. D. Any lien, or right to a lien, for contributions to employee benefit funds, or for state workers' compensation, or for services, labor, or material heretofore or hereafter furnished, all as imposed by law, and not shown by the public records. E. Taxes or special assessments which are not yet payable or which or not shown as existing liens by the public records. F. Any service, installation, connection, 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-99381-3 Policy NO.: 48 0025 106 00824 ALTA STA~ARD OWNERS POLICY SCHEDULE B - cont'd SPECIAL EXCEPTIONS: SC/br END SCHEDULE B AUTHORIZED SIGNORY OWNER'S POLICY ENDORSEMENTS: NONE P.O. Box 3~3 Bzellmz't:cm, N~ 9~337 'z'e].dt:ma : (20e) 377.-0L 3 1-800-950-4321 ~~: ~2-~2 ~: (2~) 3~-~428 ~--,~. ~ ~: (2~) 3~-~ S~le ~-~: (2~) 692-~ ~L ~ ~: (2~) 876-~0 At-~s~ti~x~: JA(~(IE ~ Your No.: PACIFIC (DA~T INVEST~D~ CO. Our File No. :E-99581-3 LAbD TITLE C~M OF KITSAP ~ 1. Effectiv~ Da~e: July 19, 1994 at 8:00 a.m. Offic~ File No.: E-99381-3 2. Policy ~ Policies ~o be issued: Your R~ferer~: PACIFIC COAST ~ CO. AL~ 0~'s ~ 10-17-92 Rate: ~mmat: S 45,000.00 (X) Standar~ ( ) Ext~-~ P~--..4%~: $ 325.00 P~u~.~ed ~: Tax: $ 26.33 CITY OF ~R~RTCN ALTA Loan Policy 10-17-92 Rai:e: Amount: $ ( ) s',~,&a---d ( ) ~ pr,it, a: $ Tax: ~ CA~:,IATIGN l"~_; ~ING TAXES: $54.05 NOTE: In the event thex~ is ~ acti~ty c~ this file within six (6) ramaths f~u. the effecti~ date, the cancellatic~ fee may be billed. is: A ~'~.'~: 4. Title to the estate ~r /nterest /n t_he land is vested /n: PACIFIC COAST INVEST~I~ CCMPANY, a W~ Corpo~-atic~ 5. The land refezz~d to in this C~al&Lki~-nt iS ~_~ ~ follows: SEE LEGAL E~SCRIPTICIg ATTACHED ON "EXHIBIT A" AAD BY P~4CE MADE A PART H~I~EOF. Office File No.: E-99381-3 That portic~ of the Southwest c~,~er of the Southwest quarter of Section% 22, Township No, U'~, Rathe 1 East, W.M., /n Kitsap Cc~%ty, ~=-~cribed as follows: C~,.,-~',--~'~"~ 90 feet ~t of the ht~st ~_r of the ~ ~ter of the South,_st c~ter of Sect/c~ 29.; ~ runnir~.Nu~U~ 89"51'35" wm~t 234.20 feet; thence South 20"32'00" West 98.34 feet; thenoe South 89"51'35" West 219.63 feet; ~ North 00°02'54" West to the Point of ~m~uinnin~; ALSO that pcxticn of ~he Southwest quarter of the South~st quarter of Sectic~ 22, Township 24 North, Rar~3e 1 East, W.M., in Kitsap Co%~ty, Wash/ngton, ~-~ as follows: Be(3ir~ at the NoxT/~m~c ck~_r of t~ Southwest quartmr of the ~ c~,~er, North 89"51'35" East 90 feet; ther~D~ South 0"02'54" wm~t 92 feet to the place of beg/nnin~ of th/s ~-~ipti~; ~ South 0"02'54" FA~t 119 feet; ther~ NoxT/% 89°51'35" 142.84 feet; thenoe NoxTh 20"32'00" East 127.20 feet; thence West 187.56 feet to the Point of Beginnin~; ~/r~ at the Northwest ~ of the ~ c~,m~ter of t~ ~ c~,m~er; ther~ Nc~th 89"51'35" East 314.20 feet, mu~= ~r less, to the West mar~in of Bayview Drip; ~ South 89°51'35" West 100 feet; thence South 00"02'54" West 92 feet to the True Point of Be~lnn/r~; thence c~t/nue South 00°02'54'' We~t 100 feet; thenc~ wm~t to th~ West marg/n of Bayview ~rive; thenoe Nort~terly alc~ the West mar~in of Bayview DriVe to a ~oint East of the Point of Be~dir~ir~; ~ West 70 feet, more or less, to the Point of ~3innin~; AND E~,~:wr the South 19 feet as ~v~ by Auditor's File No. 861508. S~3LE B Offioe File No.: E-99381-3 This policy doe~ not insure against loss or damage (and the C~,%~ny will not pay costs, att~ys' f_~e_~ ~r expenses) which ari~ by r~c~ of: inspectic~ of ~he p~,~ses or by survey. C. w~nts, p~e~u~iptive rights, rights-of-ways, ~t~s, ro~, alleys ~r D. Any lien, ~r right ~o a lien, f~r oont~Ibutic~s to ~,~loyee benefit funds, o~ G. ~_servatio~s and e~c~s in United St~-~ Patents ~r in Acts authorizir~ the issuance thereof. I. Water rights, claims, o~ title to water. first ap~rir~ in the public r~oords, ~r attad~r~ su~t to the effective date he_r~of but prior to th~ date of the l~u~sed L~n~r~d ~,~s of r~o~d for Office File No.: E-99381-3 D~ted: Se~ 25, 1991 ~=~ma~d: ~ ~, 1991 ~ ~.: 91~16 ~: ~ E. S~, a s~le ~ ~i~: ~4fic ~ ~t ~, a W~m~ ~d ~ of ~ is a ~-~d of ~'s File ~. 9112~297 ~: ~ 17, 1993 ~: J~,,~ 31, 1994 ~ ~.: 9~1310513 2. ~.~mt of ~ ~ 1~; ~: J~ 8, 1993 ~ ~.: 930~80212 ~fic ~ ~,~t ~',~ 3. ~l~t ~ ~ f~ ~ ~ 1992, 1993 ~ 1994 ~~y; ~: ~.82, ~.01 ~ 8426.30, ~~y; ~ ~t ~: 222~1-3-~2-2~ 4. ~ of ~ ~ ~ ~ ~ ~ ~ ~e of ~d ~,~, if ~d. ~4~ ~ ~ for ~ ~ is 1.78%. FC/3t O~'s4~tT FOR '£~'£,.~- INRL~ANCE Office File No.: E-99381-3 ~ne £ollowin~ are the r~T. ,{ ,--.--%ts to be ~..~.lie~ with: must be Uroperly es,~-~f~ed, ,~livered, ar~ duly filed for r~nrd. 2. Evidenc~ of the identity ar~ autlx)zity of t)~ off~oers of pa~J fic Coast ~,~t C~,~m~y, a Wash/nc3tcn Corp~=ticn, to execute tY~ forth~uL~ DESCRIPTION ~ That pot:ion of the Southwest quarter of the Southwest quarter of Section 22, Township 24 North, Range 1 East, W. M., described as follows: Commencing 90 feet East of the Northwest corner of the Southwest quarter of the Southwest quarter of Section 22; thence ~nning North 89'51'35" East 234.20 feet; thence South 20'32'00" West 98.34 feet; thence $¢uth 89'51'35" West 219.63 feet; thence North 00'02'54" West to the point of beginning; EXCEPT the East 100 feet as measured along the North line thereof; Situate in Kitsap County, Washington. ALSO That portion of the Southwest quarter of the Southwest quarter of Section 22, Township 24 North, Range 1 East, W. N., described as follows: Seginning at the Northwest corner of the Southwest quarter of the South%~est quarter, Section 22, Township 24 North, Range i East, W. M.; thence North 89'51'35" East 90 feet; thence South 0'02'54" East 92 feet to the place of beginning of this description; thence South 0'02'§4' East 119 feet; thence North 89'51'35# East 142.84 feet; thence North 20'32'00" East 127.20 feet; thence West 187.56 feet to the point of beginning; EXCEPTING THEREFROM: Seginning at the. Northwest corner of the Southwest quarter of the Southwest quarter; thence North 89'51'35" East 314.20 feet, more or less, to the West margin of Eayview Drive; thence Sou~h 89'51'35" West 100 feet; thence South 00'02'54"West 92 feet to the true point of beginning; thence continue South 00'02'54' West 1O0 feet; thence East to the West margin of Bayview Drive; thence Northeasterly along the West margin of Bayview Drive to a point East of the point of beginning; thence west 70 feet, more or less, to the point Of beginning; AND EXCEPT the South 19 feet as conveyed by Auditor's File No. 861508; Situate in Kitsap County, Washington. A. F. ~- ~2 30 REEL Pacific Coast Investment Co. 801 ~ Ave 315 Norton ~uilding Seattle, Washington 98104 lg781/Strober?er Assignment of Deed of Trusf ............................ : ...-...g6¥...~a...X~ :---[[~.:-..5i.~[-~.~G~%[~ [;"-~-'"~i'~ .......................................................... by ..~AN!.([..[ :. ~B[.~ER,..~...~.~Bg[~...~B ................................................................................................................................ Grantor. to....]~ANS~ERI~6 ~I.ZL[ [t~PB6H~...~6NY ........................ = ......................................................................................... Trustee, and r~ordcd on .__~b~...~q ............ t9 .~.L., under.Recording No......~J.~.~Q~[~...; ...................................................................... R~ords of ........ K~ ~ap ................................................................. : ..................................................................................................................... Coumy, COHPLETE LE~ DESCRIPTION 'A~ACIIED IIERETO AS EXHISIT "A" AND ~DE A PART HEREOF KItSAP CO~Y "~ ...... FILED-BY: LAND TITLE COHPANY KAR~ FLYNNs A~ITOR CLERK: REEL 0781 FR 0800 Dated Dece~ 17 1993 PACIFIC CO~T IN~S~ENT COMPANY ~-. That portion ~f the Southwest quarter of the Southwest quarter of Section 22, Township 24 North, Range I East, W. M., described as follows= Commencing 90 fe~t East'Of ~h'~ N6'rthwest c~rner of the Southwest quarter of the Southwest quarter o~'~ection 22; thence runnin9 North 89'51'35" East 234.20 feet; thence South 29'32'00" west 98.34 feet; thence South ~9'51'35" West 219.63 feet; thence North C0'02'54" west to the point of beginning; EXCEPT the Eaat 100 feet as measured along the North line, thereof; Situate in Ki~sap County, Washington. ~. F. REEl_ 0781 FR 080! ALSO That portion cf the Southwest ~arter of %he Southwest quarter of Section 22. Township.-~' North, Range 1 East, W. M., described as follows: Beginning at the Northwest corner of the ~outhwest quarter of the Southwest quarter, Section 22, Township 24 North, Range I Eas~,~'W. thence North 99'51'35" East 90 feet; thence South 0'02'54" East 92 feet tQ the place of beginning of thi~ description; thence South 0'02'54" East 119 feet; thence North S9'51'35" East 142.84 feet; thence North 29'32'00" East 127.20 feet; thence West 1~7.56 feet to the point of beginning; EXCEPTING THEREFROM: Beginning at the. Northwest corner of the Southwest quarter of the. Southwest quarter; thence North ~9'51'35" East 314.20 feet, more or les~, to the West margin of Bayview Drive; thence South ~9'51'35" West 100 feet; thence South 99'02'54"West 92 feet to the true point of beginning; thence continue South 00'02'54" West 100 feet; thence East tQ the West margin of Bayview Drive; thence Northeasterly along the West margin of Sayview Drive to a point East of the point ~' beginning; thence West 7Q feet, more or less, to the point of beginning; AND EXCEPT the South 19 feet as conveyed by Auditor's Pile No. 861508; situat~ in Xitsap County, Washington. constitute a release Of this Ass~snment. $?.ODKiTSAP COUNTY TTiC CONDITZONS OF ASSIGNMENT FiLED-BY: TRANSAHER!CA TITLE INS CO JUN 8, ~993, "'1:32 PM of rents from ~e described premises, nor performe~y:i~t w~ich may preven~ PCIC 8. The ~:rower agrees: writtel~ consen~ =f PCIC. I<AREN FLYbiN~ AUDITOR H. Csnstltute ~ waiver by FCIC of its rights to enforce payment pursum~t · .q, F i+-- u, .8 "'S._'~ )ss Court[7 of King ) On this 2!th day of September 1991, before me personally appeared Daniel E. St:-oberger to me knwon to be the person(s) who executed tke within and foregoing instrument, and acknowledged the said instrument 1~"~ 2 ~" &O~ Notary Comm. Expires 12-12-94 · STATE OF WAS52NGTON) ) ss County of On this day of 19 , before me, the undersigned, a Notary PubL:c in and for the State Of ~-~shington, duly commissioned and to me known to be the President and respectively of the corporat::n that executed the foregoing instrument and acknowledged the said instr,'-ment to be the free and voluntary act and deed of said stated that authorized to execute the said instrument for witness my hand and offcial seal hereto affixed the day and year first Notary Public in and for tile State of Washington, residing at -2- DESCRIPTION That portion of the Southwest quarter of the Southwest quarter of Section 22, Township 24 North, Range 1 East, W. M., described as follows: CommencinG 90 feet East of the Northwest corner of the Southwest quarter of the South'rest quarter of Section 22; thence running North 89'51'35" East 234.20 feet; thence Sou~h 20'32'00" West 98.34 feet; thence South 89'51'35" West 219.63 feet; thence North 00'02'54" West to the point of beginning; EXCEPT the East 100 feet as measured along the North line thereof; Situate in Kits~p County, Washington. ALSO That port!gn of the Southwest quarter of the Southwest quarter of Section 22, TownsEip 24 North, Range 1 East, W. M., described as follows: Beginning at the Northwest corner of the Southwest quarter of the Southwest quarter, Section 22, Township 24 North, Range 1 East, W. M.; thence North 89'51'35" East 90 feet; thee%ce South 0"02'54" East 92 feet tQ the place of heginning of this description: thence South 0'02'54" East 119 feet; thence North 89'51'35" East 142.84 feet; thence North 20'32'0~" East 127.20 feet; thence ~f,~st i~?.56 feet to the point of begins%lng; EXCEPTING THEREFROM: Beginning at the Northwest corner of the Soul~hwest quarter of the South,{est quarter; thence North 89"51'35" East 314.20 feet, more or less, to the West margin of Eayvie~ Drive; thence SouLh 89'51'35" West. 100 feet; thence South 00'02'54"west 92 feet to the true point of beginning; thence continue South 00'02'54" West 100 feet; thence East to the West margin of Sayview Drive; thence Northeasterly along the West margin of Bayview Drive to a point E~st of the poin~ of beginni~g; thence Wes% 70 feet, more or less, to the point of begin~ling; AND EXCEPT the South 19 feet as conveyed by ~,~d%-%~3~ F~-_~[~-]i~ ? EL f]7z~ FR Situate in ;~itsap County, Washington. ORIGINAL SELLER'S CLOSING STATEMENT 8ELLER; PACIFIC COAST INVESTMENT COMPANY PURCNASERz CITY OF BREMERTON LEGAL DE~CRIPTIONz See Exhibit "A" attached hereto. AMOUNTS DUE/PAID SELLER Total Purchase Price $45.000.00 Cash payment payable to Seller at Closing $45,000.00 REDUCED BY Seller's Closing Costs: Title Insurance Premium (Land Title Insurance Company) $ 351.33 Delinquent property taxes owing for years 1992, 1993, and 1994 - amount shown is amount owing as of 11/8/94 - quoted by Kathy Thompson of the Kitsap County Treasurer' s Office (Kitsap County Treasurer) 1,442.80 1% Real Estate Excise Tax (1.7'8% - Kitsap County Treasurer) 801.00 Reconveyance Fee for reconveyance of Deed of Trust dated 9/25/94 held by Pacific Coast Investment Company (Transamerica Title Insurance Company, Trustee) 4~. 00 Total Seller's Closing Costs $2,637.13 (2.637.13) TOTAL CASH PROCEEDS PAYABLE To SELLER AT CLOSING $42,362.87 NOTE; It is understood and agreed by all parties hereto that this closing statement is subject to audit and SELLER'S CLOSING STATEMENT --1- P-COAST.SCS - REAL ESTATE - 11/3/~. 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 I 0 day of ~ ~m3 iq ~ ~ 1994. PACIFIC ~ANY COAST BY: ROBERT B. CH~"I'~RFI~LD~[~/SR,, ~--"~sident SELLER'S CLOSING STATEMENT -2- P-COaST.SCS - REAL ESTATE ' EXIB~T That portion of the Southwest quarter of the Southwest quarter of Section 22, Township 24 North, Range i East, W.M., in Kitsap County, described as follows: Commencing 90 feet East of the Northwest corner of the Southwest quarter of the Southwest quarter of Section 22; thence riunning North 89"51'35" East 234.20 feet; thence South 20"32'00" West 98.34 feet; thence South 89°51'35" West 219.63 feet; thence North 00"02'54" West to the Point of Beginning; EXCEPT the East 100 feet as measured along the North line therof; ALSO that portion of the Southwest quarter of the Southwest quarter of Section 22, Township 24 North, Range 1 East, W.M., in Kitsap County, Washington, described as follows: Beginning at the Northwest corner of the Southwest quarter of the Southwest quarter, Section 22, Township 24 North, Range 1 East, W.M., in Kitsap County, Washington; thence North 89"51'35" East 90 feet; thence South 0°02'54~ East 92 feet to the place of beginning of this description; thence South 0o02'54" East 119 feet; thence North 89°51'35" East 142.84 feet; thence North 20~32'00" East 127.20 feet; thence West 187.56 feet to the Point of Beginning; EXCEPTING THEREFROM: Beginning at the Northwest corner of the Southwest quarter of the Southwest quarter; thence North 89"51'35" East 314.20 feet, more or less, to the West margin of Bayview Drive; thence South 89"51'35" West 100 feet; thence South 00°02'54'' West 92 feet to the True Point of Beginning; thence continue South 00"02'54'' West 100 feet; thence East to the West margin of Bayview Drive; thence Northeasterly along the West margin of Bayview Drive to a point East of the Point of Beginning; thence West 70 feet, more or less, to the Point of Beginning; AND EXCEPT the South 19 feet as conveyed by Auditor's File No. 861508. EXHIBIT "A" 0RJGINAL PURCHAHBR'H CLOSTHG STATEMENT SJRLLBRZ PACIFIC COAST INVESTMENT COMPANY P~RCNAHER: CITY OF BREMERTON L~AL DESCRIPTION: See Exhibit "A" attached hereto. AMOUNTS DUE/PAID SELLER Total Purchase Price $45.000.0Q Cash payment payable to Seller at Closing $45,000.00 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 $45.008.00 NOTEs 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. ~RTON IAN R.[/SIEVERS Bremerton City Attorney PURCHASER' S CLOSING STATEMENT P-COAST.PCS - REAL ESTATE - 11/3/~) EXIBIT That portion of the Southwest quarter of the Southwest quarter of Section 22, Township 24 North, Range i East, W.M., in Kitsap County, described as follows: Commencing 90 feet East of the Northwest corner of the Southwest quarter of the Southwest quarter of Section 22; thence riunning North 89o51'35" East 234.20 feet; thence South 20032'00" West 98.34 feet; thence South 89051'35" West 219.63 feet; thence North 00002'54" West to the Point of Beginning; EXCEPT the East 100 feet as measured along the North line therof; ALSO that portion of the Southwest quarter of the Southwest quarter of Section 22, Township 24 North, Range i East, W.M., in Kitsap County, Washington, described as follows: Beginning at the Northwest corner of the Southwest quarter of the Southwest quarter, Section 22, Township 24 North, Range i East, W.M., in Kitsap County, Washington; thence North 89051'35" East 90 feet; thence South 0002'54# East 92 feet to the place of beginning of this description; thence South 0002'54" East 119 feet; thence North 89°51'35" East 142.84 feet; thence North 20°32'00" East 127.20 feet; thence West 187.56 feet to the Point of Beginning; EXCEPTING THEREFROM: Beginning at the Northwest corner of the Southwest quarter of the Southwest quarter; thence North 89~51'35" East 314.20 feet, more or less, to the West margin of Bayview Drive; thence South 89o51'35" West 100 feet; thence South 00~02,54" West 92 feet to the True Point of Beginning; thence continue South00~02'54" West 100 feet; thence East to the West margin of Bayview Drive; thence Northeasterly along the West margin of Bayview Drive to a point East of the Point of Beginning; thence West 70 feet, more or less, to the Point of Beginning; AND EXCEPT the South 19 feet as conveyed by Auditor's File No. 861508. EXHIBIT "A" P-COAST.EXH - Rea[ Estate This form is your recaipt wl~n sta~p~i REAL ESTATE EXCISE TAX AFFIDAVIT ~y cashier. Form No. 84 O001A CHAPTER 82.45 RCW - CHAPTER 45841 WAC For Use at County Treasurer's Office (Use Form No. 84-0001B f~r Reporting Transfers of Contwlli~g Interest of Entity Ownership to the Department of Revenue) THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS 1--7 ARE FULLY COMPLEWED I I ti, TX OF BREHER'~N [] Name PAC~IC ~OA~T INVgb-~34ENT CO~ [] Name ~; Street Street C ~ttle sine 14A. Zip 98104 ] ~[City Bre~erton Sm~ I,/A. Zip98337 City ll ADDRESS TO SEND ALL PROPERTY TAX RELATED CORRESPONDENCE Name City of Breraerr. on 230 ~ourth ,~tr~t 222$01-3-002-2003 City/Sta,[lrnm~r ton, 14A. 98337 Bramelrton ~l LEGAL DESCRIPTION OF PROPBITFY SITUATED IN [] UNINCORPORATBD COUNTY OR IN CITY OF /.313 "C" Street Address (if property is improved): S~.e attached Exhibit "l" incorporated h~_rein by this reference. I~lls this property currently: YES NO [] Description of tangible personal property if included in sale (furniture, Classified or designated as forest land? [] [] appliances, ete.) 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 WAC No. (Sec/Sub) Seller's Exempt Reg. No. -- Receiving special valuation as historic [] ~] Explanation property under? Chapter 84.25 RCW Property Type: [] land only [] land with new building [~ land with previously used building [] land with mobile home Type of Document Statutory ~arrauty Deed [] timber only [] building only Date of Document ; Principal Use: [] Apt. (4 + unit) ~ residential [] timber [] agricultural [] commercial/industrial Gross gale Price $ 45,000 · 00 [] other Personal Property (deduct) $ b,~ ,000.00 I~1 (1) NOTICE OF CONTINUANCE (RCW 84.33 or RCW 84.34) Taxable Sale Price $ ~0i Excise Tax State $ -0- 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 -0- 1and, 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 and 140 or RCW 84.34.108 shall Delinquent Penalty: State $ - 0- be due and payable by the seller or transferor at the time of sale. The county 80 1, O~l assessor must determine if the land transferred qualifies to continue Total Due $ classification or designation and must so indicate below. Signatures do tHERE I8 A $2.00 FEE FOR PROCESSING THIS FORM IF NO TAX IS DUE not necessarily mean the land will remain in classification or designation. If it no longer qualifies, it will be removed and the compensating taxes [] AFFIDAVIT will be applied. All new owners must sign. I certify under penalty of perjury under the laws of the state of This land [] does [] does not qualify for continuance. Washington that the foregoing is true and correct. Date Signature of DEPUTY ASSESSOR Grantor/Agent ~obert [% Chesterfield, Sr., (2) NOTICE OF COMPLIANCE (Chapter 84.26 RCW) Name (print) November .__, lqg~ If the new owner(s) of property with special valuation as historic prckoerty wish m continue this special valuation the new owner(s) must sign below. Date & Place of Signing S,=~ ~_ ,~ lo, ~,:A. 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/Agent lan ,~, Sievers, Brem~rton City (3) OWNER(S) SIGNATURE Name (print) Acco~n~y Date & Place of Signing tlremarcon. 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) EX~B~T "A" That portion of the Southwest quarter of the Southwest quarter of Section 22, Township 24 North, Range I East, W.M., in Kitsap County, described as follows: Commencing 90 feet East of the Northwest corner of the Southwest quarter of the Southwest quarter of Section 22; thence riunning North 89"51'35" East 234.20 feet; thence South 20"32'00" West 98.34 feet; thence South 89"51'35" West 219.63 feet; thence North 00"02'54" West to the Point of Beginning; EXCEPT the East 100 feet as measured along the North line therof; ALSO that portion of the Southwest quarter of the Southwest quarter of Section 22, Township 24 North, Range i East, W.M., in Kitsap County, Washington, described as follows: Beginning at the Northwest corner of the Southwest quarter of the Southwest quarter, Section 22, Township 24 North, Range I East, W.M., in Kitsap County, Washington; thence North 89°51'35" East 90 feet; thence South 0"02'54" East 92 feet to the place of beginning of this description; thence South 0"02'54" East 119 feet; thence North 89"51'35" East 142.84 feet; thence North 20°32'00" East 127.20 feet; thence West 187.56 feet to the Point of Beginning; EXCEPTING THEREFROM: Beginning at the Northwest corner of the Southwest quarter of the Southwest quarter; thence North 89°51'35" East 314.20 feet, more or less, to the West margin of Bayview Drive; thence South 89"51'35" West 100 feet; thence South 00"02'54" West 92 feet to the True Point of Beginning; thence continue South 00"02'54" West 100 feet; thence East to the West margin of Bayview Drive; thence Northeasterly along the West margin of Bayview Drive to a point East of the Point of Beginning; thence West 70 feet, more or less, to the Point of Beginning; AND EXCEPT the South 19 feet as conveyed by Auditor's File No. 861508. EXHIBIT "A" P-COAST.EXH - Real Estlte Dir. - 11/3/94 ~ D~ E. S~OBER~R, a single ~n , Grantor, Erlands Rd. B rton, ashington 98312 ~~ ,~E INSU~ANCE,~MPA~ s 9619 Levin ,Rd.,~'*~ "~ Silverdale, ~ashington 98383 .... ~ ~ ~. ~C ~ ~E~ COM~cA W~N CO~ON C~PLETE LEaL DESCRIPTION .AF[~ED. ~at portion of ~he Southwest Quarter of the Southwest Quarter of Section 22, To~nshlp 2~ North, Range 1 East, ~.~., described as Cementing 90 feet East of the Northwest corner of the Southwest Quarter of the Southvest ~arCer of Section 22; thence running North 89051'35' East 23t.20 feet; thence 5ou~h 20032'00'' ~est 98.36 feet; thence South 89051'35'' ~est 219.63 feet; thence North, OO°02'S6'' 9est to the poin~ of beginning; EXCEPT the East 100 feet as measured along the North li~e thereof; Situate in Kitsap County, ~ashington. which mai p~)p~fty Il I~ uled I)rlnc pll~ fg ll~ulturll ~ fa~lng ~r~e~. together with ,11 tenemrnfe, h~rP~lltnm~,,l~. e~uHenan~ ~ or hereafter thereunto ~longinR or in any wi~e nppertaining, and th~ rent., i~u~ and profits t ,rr~,. ~is d~ is for t~ pur~e of ~rinl ~rfo~sn~ of each alr~ment of lrantor herein ~ntsin~. ~nd psymenl of IbP s.m Thirty Thousand and No/100 .......................... ~11~ ($ 30 000 0~ ) with interest, tn ~e~rdsnee with the t~rms ~f n of, I~ I1~ such lurt~r lums si rosy ~ ndvsn~ or hmnfd hy B~nPflcinry to Grantor. or any of Iheir su~essor~ or n~gn;. with Inler~t thereon .t ,uch rate ~. ~h. ll ~ .gr~ u~n. ] ~o k~p t~ p~rty in ~ ~ndition and repair to permit n~ w..t~ Iher~; to ~mplet~ any ~iiding, ~lructure or p~ement ~ing ~iH or .~t ~ ~ built ther~n to r~tore prom ~tly any ~ilding, .Irueture or improvement ther~n which m.~' dam=l~ or d~tmy~; and ~ ~mply with ~1 i.~, ordJ~ne~, ~gul.tlo~, ~venan~, ~ndltion~ and r~tri~ion~ a~ling the 2. To ~y ~ore d~linquent .ll I~wrul ~x..hd .,~en~ u~n the property; to k~p the properly [r~ and clear oF .il olher ehl~. lien. or en~mbran~ imp. irin~ th* ~.rif.y nf thl~ De~ of 3. Elch Gt~tor I~rlher covenlnll ~o keep =ti buJldln~s, improvement., or fix;ute. Ih~l m~y be ~on the premi~e~ tn~ured · g~;..l Io~e or d~m~e by lire ~o lhe ex~en; of ............................................................................................ ~l[=~s (~ ............................ ) .nd ;o pm~ide l.ch other kind~ .nd =~un;~ of in~u~.nce =~ in ;he ~en~ici=ry'; jud~mem ~h=lt be =de~;e ;o pro~ect the ~eed of T;um p~erly. All insurance policie..hdl be c=.ied in = eomp~y or companie= ~ccep;=ble to ;he Benel~ci.ry, in =It in I~ ;~li;l~clo~ to ;he Benelicia~ mhd .hell be lhre~ye~f policies. ~nd pay=hie in c~se o[ loss ~o ;he Beneilci=;y, ~d ~ d~oli;ed wi~h Bene[ici=~. The Grantor .hall pny ~]1 premium. =~ ~hey become due. Thirt)' d=)'s or ~re prior to the expir=;ion of my in.ur=flee ~licy Gt=n;or =hall deliver to Benellci=ry = ~h;e~ye=r pt.=id renewal ther~l with paid receipt. In evenl of Gf~tor'l fdlufe ~o procure ~4 deliver ~eh ;enew=t policy. ;he Renelici=ry is hereby =u;~rJzed to wrire such insurance ~nd the co.t thereof =hall be p~=bl'e tor;hwl;h ~nd shall be .ecu~ed by ;he llen of ~his Deed ol T;us;. ~eneilci=r)', however, ;s obli~eled to .n~e the ~ilin~ of s.id in.ut.flce or ~o nosily Ge=mo; ~ ;o Ihe expis.;ion., it bein~ the eons;sn; dray o[ Gt~lof to provide ~ck in~;~nc'e, ofietin~ Ihe l~me fJr.¢ to ~he R~nefJcil~y. Benellci.ry h=, Ihe ti~l. lo h~ve dl proceed~ ~rom ~ndmn.liofl of p=~ or ~l Ibc pr~e~y u~ed to reduce ~he Deed Gl Tru.t b~nee. 4 To defend any action nr prneeedinR purporting tn affect the ~eeurily I,ereof nr the rlgh~ or ~e~ of ~nefiei~ry nr pr~,eding, ami ht a.y ~uil hr..gl,t by lieneficiary to Iorechme thi~ ~d ul Tru. t. 5. 'l'o Imy MI r.~l~. [~'e~ fl.d ~'xl,en~ in cremation wi[h thi~ l)~.,d o[ 'l'r~mf. inch.ling ti., t,XlN,Ii~R nf (he T~tmlep incurred e.[.rci~g Ihe obligation aecured her~,by and Tru~hw'a ami aliorm,y'a ~eea m'tunlly incurred, a~ pr.vided hy .lelulr. n.te aecured hereby. ~lmll ~ added t~ and Imbrue a parl o~ lhe debl ~ecu~ed in Ihi. Deed .~ Tru~L IT IS MUTUALLY AGREED THAT: award nr such I~rlim~ lher~f as may ~ nece~ry to lu y sa6sfv lhe obligali.n secured hereby, sh~ll ~. paid I. Bem.ficiary t. ~ - · pl)li.d to said obligali.n. 2. By accepting payment of ~ny ~um ~eured hereby ~Rer it~ due dale Benefic ary does not w~ive il~ right to gequir~ prompt 3 The Tru~lee~ lh~ll r~onv~y ~1~ or ~ny part of the pro mrly ~wered by this D~ed of Tru~l 1o the pe~n ~ntill~d Ihere~ on ~riile, r~.esl of tlm Gr~nlor ~nd ll~e B~n~flciary. or upon ~ti~l~ction of lhe obligation secur~ ~nd written r~qoe~l lot ance made hy the Beneficiary or the p~on entitled thereto. wrille, requesl of Ile,efici~r~. Tru~l~e th~ll ~eU lhe /ru~t ~ro~rl~' n m'c~ rdanc~ with the Deed of Truer Act of the ~l~t~ of Wa~h- i.g ... ~ public a,cllon in Ihe h ghent bidder. Any I)~ ~ n e~c~ ~ I r stee may bid ~1 Trustee% ~le Trustee ~h~ll ~pltly lhe of Ihe sale as follows: (I) ~o Ihe eXl)en~ of ~le. includible ~ reasonable Tru~lee's fee and ~[torney% fee; (2) ~ the oblig~i.n by Offs Deed of Trust; (~) the ~urplu~. if ~ny. ~h~ll ~ distribuled to t~ per~on~ entitled thereto. ~ Trustee ~h~ll deliver to the purch~r ~t the ~le i~ deed. without w~rr~nty, which shall ~nvey to the purchaser the inlere~t in Ihe properly which Granlor h~d or h~d the ~wer t~ ~nvey at Otc time of hi~ e~ecution of lhi~ De~ of Trust. ~nd such ~ he may bare acquir~ lhere~fier. Tru~t~% de~ ~h~ll r~ile the fact~ showin~ that lhe ~ale w~ ~ndue~ in ~mpli~nc~ wilh ~ll the r~ulrem~nis o{ I~w ~nd of [hi~ D~d of Truer. which r~iial shall ~ prima facie evidence og ~uch ~mpli~n~ ~nd ~ncluslve ev]. de,ce thereof in ~avor o{ ~na ~de purch~ser~ and enc~br~nces for v~lu~. 6 Th~ power of ~le ~nferred by 1hi~ Deed of T,mt and by lhe D~ed of Tr,st Acl of the State of W~hinglon ]~ nol ~n ~sclu- ~ive rrm~y: Ben~flc ~ry m~y c~u~ 1hi~ Deed of Trust ~o ~ go~ecl~ ~s ~ mortgage. 7. In the event of the de~lh, incapacity or di~bility or r~ign~tion of Trustee Beneflc ~ry may ~p~ nt In writing ~ ~ru~lee. and upon the r~rding o~ ~uch ~p~inlment n t ~ mortgage re~rds of the ~unly in which thi~ I)e~ of Trust i~ ~rd~d~ tl~e m~cc~nr tr,~lee ~h~ll ~ vesled with ~11 ~wer~ of tb~ original tru~lee. The trustee s not obli~t~ to noli[~ ~ny p~rlv pending ~ale u,der ~ny other De~ of Trust or of any action or pr~e~ ng n wh ch Gran~r. Trus~ or Bene~ci~ ~h~ll'~ ~ ~rty unle~ such ~clion or preceding i~ brought ~ the Trustee. 8. This Deed of Tru~l ~pplies to. inur~ to the ~neflt o~. ~nd i~ bi~ing not only on th~ p~rli~ h~re[o, but on their heir~. vis,es, legatees. ~dmim~lr~l,rs. e~e~to~. ~u~r~ ~nd ~ign~. Th~ term Beneficiary ~h~ll mean th~ holder ~nd owner of the ~ecured hereby, whelher or not n~ '~ Benefici~ her~in. STATE OF WASHINGTON ~ STATE OF WASHINGTON COUNTY OF........-v~O.g ............................~ COUNTY OF ................................................. o. d.y ................ ................................................................ ............... bfoe a, ~ u~eeilnd Noa~ ~Mic in a~ for ~ S~ d W~ DANIEL E. STROBE~ .. ....... · ~ ~ ................................................. . ............. ~.~, ~ ~n, ~ m~l~ton~ and ~m, ~ly ep~ ................................... .............................................. .......... ........ ............................................................... :::::::::::::::::::::::::::::::::: ...... ~o me k~n ~ ~ t~ in~ d~ in ~d ~ % ~=*.~ ~." z~_O to me kno~ to ~ Ihe ............................................................................... · '' HI '~" the ~Ja ~t~nt to ~ ~e zr~ t~ ~lun~ ~ ~ ~ ~ ~ m~r. ............. ~......rr~ and ~lun~ m~ ~or ~e m~mtJ~ that e~ ~e f~uloinf JMt~t, the ~ a~ put~ ~erein meninX, trion, for the um and pur~a ~erein mentionS, GIVEN under my h~ ~ ~dal ~ tht ............................................... ~ut~rJ~ to ~b ~..~.~.~ tht tb ~ ~x~ b ~ mr~ra~ ~ d mid ~a~ ........ zeeldl~l at Commission Expires FOR FULL I~.~ONVEYANCE COMMERCIAL DEED OF TRUST NOTE ;Septeaber 25, 19 91 . Seattle, Washington FOR VALUE RECEIVED, I promise to pay to the order of PACIFIC COAST INVESTMENT COMPANY, at its office in Seattle, Washington, the Principal sum of: THIRTY THOUSAND AND N0/100 ................................ DOLLARS($30,000.O0 ) in lawful money of the United States, with interest thereon in like funds, from date of coaai taent 19 91, until maturity at the rate of per ,cent per annum, payable as follows: INTEREST ONLY PAYABLE MONTHLY. FIRST MONTH PAYMENT OF $ 325.00 IS DUE AND PAYABLE DECEMBER 1, 1991 WITH A LIKE N~IOUNT DUE ON THE FIRST DAY OF EACH MONTH THEREAFTER. EXCEPT THIS NOTE, PRINCIPAL AND INTEREST SHALL BE DUE IN FULL ON OR BEFORE NOVEMBER 1, 1994. INTEREST FRO~! DATE OF COR~IITMENT TO NOVEMBER 1, 1991 WILL BE WITHHELD AT CLOSING. This note may be paid in full or in part at any time prior to maturity by paying a premium of 1% first year of the original principal plus all accrued interest to date of such payment. This Note is made under and shall be construed according to the laws of the State of Washington, and is secured by a Deed of Trust of even date. This Note is made for commercial, investment, business or agricultural purposes only. All makers and endorsers agree to pay this note in full, irrespective of the Deed of Trust security, and consent to the entq/of a personal deficiency Judgment, presentment, demand and notice of dishonor being hereby expresely waived. If defauU be made in. the payment of the principal or interest hereon, or If failure be made in the performance of any covenant contained in the instrument securing the same, then at the option of the holder, the principal with accrued In- terest, shall at once become due and payable without notice of demand, time being of the essence. In the event that maker shall sell and convey or alienate the property given as security for this Note, or any part thereof, or any interest therein, this Note irrespective of the maturity dates expressed therein, at the option of the holder hereof, and without delay or notice, shall Immediately become due and payable. After maturity or after failure to pay any installment as above specified or after any other default on this Note or the Deed of Trust securing this Note, this Note shall bear interest at the rate of 5% over the above called for interest rate. If this Note be placed in the hands of an attorney for collection, or if suit be brought to collect any of the principal or interest of this Note, maker promises to pay a reasonable attorney's fee and any costs of collection. A LATE CHARGE of 5% of any monthly payment, balloon payment or pay-off payment shall be paid If such payment ~.~" .~ is not received on its due date. ~ ~,~ ~. After default, any unpaid Interest, late charges, attorney's fees, taxes, Insurance, or any other larnounts accrued ~:;i accruing on.this Note or the Deed of Trust securing this Note, shall be added to the unpaid principal bal~nc, e monthly ~?lntere~tcOmputedthe~nmo~thyatthedefaut nterestrate Afterdefaut fhodershe ele~tto 'reln~ta~tof ~ Note, as a conditlon~of-stmh reinstatement, maker shall pay all accrued Interest, late cherge~tomey's feee;taxes,-In. '~, surance and any other amounts accrued on this Note or the Deed of Trust this Note.. 00%-14-94 FRI 10:39 ¢t FA× NO, 2066;~E2.0 P, 02 '~'i' ~ STE,W,AR. T TITLE COMPANy ~:" '" of Washington Inc ..................................... · of~x'ellence" FILED-BYt TRANSAMERICA TITLE ~ PACIFIC COAST INVESTMENT C~P~y 801 - 2nd Avenue, Suite ~315 TH~ O~ANTO~ DANIEL E. STROBERGER, a single man Jot and in cons[dera[ion DJ i~ Lieu of Forclosure conveys an d ' ,l~t cJa~ma [o PACIFIC COAST INV[STMENT COMPANY, a Washington co,potation the IoIIow)h¢ described real esta[~, si[ua[ed in the Coun[y ol, Ki tsap to~e[het wlth ail at~r acquirqd [aJe DJ the Kran[or(s) [hereto: COMPLETE LEGAL DESCRIPTION ATTACIIED HERETO AS EXHI§IT "A" AND MADE A PART IIEREOF KITSAP COUnTy TF1ANSACTiON EXCISE T~ , _ _ rmy Ihal I know or have saLisfncto~ evidence ........ -..signed Ihb inslrummm( and ~ ~- ~ signed lids i~st~nlClll, on oath a~'knowicd&ed il lo ~. hl S - fica a,d w~luniary s~nicd lhat acl for Iht uses and purposes mcnlioned Jn Ibis acknowledged it as tho. aolhotlzcd to execum e instrumcnl and Da~cd: ..... ~ 1994 ~ ~ '~ rezidin8 ar L LEGAL DEPARTMENT lan R. Sievem - City Attorney Civil Att~rneye James J. McNamara i Leila Mills Prosecuting Attorney Gateway to the Olympics and Home of the Paget Sound Naval Shipyard Y. David A~odaca DATE: January 9, 1995 TO: Kathleen L. McCluskey, Administrative Services Director FROM: Jackie Cronk, Legal Assistant (~ RE: 4313 "C"Street Pacific Coast Investment Company/City of Bremerton Transaction The above-referenced real estate transaction has now been closed. I have attached hereto the following documents for your information and file: 1. Original Statutory Warranty Deed between Pacific Coast Investment Company, and City of Bremerton, together with corresponding 1% Excise Tax Affidavit; 2. Original Seller's Closing Statement; 3. Original Purchaser's Closing Statement; 4. Copy of Quit Claim Deed between Daniel E. Stroberger, as Grantor, and Pacific Coast Investment Company, as Grantee; and 5. Copies Commercial Deed of Trust Note and Deed of Trust between Daniel E. Stroberger, as Grantor and Pacific Coast Investment Company, as Beneficiary. Pacific Coast Investment Company sold this property to Daniel Stroberger in 1991 through a Note and Deed of Trust. In February of 1994, Stroberger Quit Claimed the property back to Pacific Coast Investment Company. (See copy of Quit Claim Deed attached for your information). However, after Stroberger Quit Claimed, Pacific Coast never requested Full Reconveyance on the Deed of Trust and therefore title was still showing that Stroberger had interest in the property - the Quit Claim was not enough. To effect clear title for the City in this transaction, I had the President of Pacific Coast Investment Company sign the Request for Full Reconveyance and took the same to the trustee to prepare and record a Full Reconveyance. (See copy of Note and Deed of Trust attached for your information). Other than clearing Stroberger's name from the property, there were no underlying liens or mortgages against the property. I will forward a copy of the final title policy to you after we receive the same from Land Title. Please let me know if you have any questions. 239 4TH STREET · BREMERTON, WA98310 · (2~6)478-5345 · FAX(206)478-5161 LEGAL DEPARTMENT I~n R. Sl~wm. City Attorney Civil A~1orney~ James J. McNamara Leila Mills Pfo~cutln~ Attorney Gateway to the Olympics and Home of the Paget Sound Naval Shipyard T. David Apodaea DATE: January 10, 1995 TO: Kathleen McCluskey, Director of Administrative Services FROM: Jackie Cronk, Legal Assista~" ~'~ ~ RE: 4313 "C"Street Pacific Coast Investment Company/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. 239 4TH STREET · BREMERTON, WA98310 · {206)478-5345 · FAX (206) 478-5161