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HomeMy WebLinkAbout9610030014Filed for Record at Request of: When Recorded Return to: KITSAPCOUNTY TRANSACTION EXCISE TAX Name Bremerton City Clerk PAID $£P 19 1996 Address 239 Fourth Street Bremerton. Washington ~337 COU~~ 1315 ~ster Bay- Campbell STATUTORY WAR~NTY DEED (For Use in the State of Washington Only) THE G~NTOR, ANNETTE SUE C~PBELL, as her separate property, for and in consideration of good and valuable consideration, conveys and warrants to the CITY OF BREMERTON, a municipal corporation, the following described.K~! estate, situated in the County of Kitsap, State of Washingto~[[~= ~LL[~ LOT(S) 9, 10, 11, BLOCK 2, OLE HANSON'S NAVY YARD ADDITION, ACCORDING TO THE PLAT RECORDED IN VOL~E 4 OF P~TS, PAGE(S) 56, RECORDS OF KITSAP COUNTY, WASHINGTON; EXCEPT THE WESTERLY 10 FEET TH~EOF FOR JONES STREET. KIT~ C~ On t~is ~ate, be~ol'e me, the undersigned, a Notary 2ublic a~d ~o~ t~e State o~ Washington, dui~ commissioned and s~o~n, individual described in and ~ho executed the ~ithin and ~o~egoing instrument, and acknowledged that she signed the same as her free and voluntary act and deed, for the uses and purposes mentioned. ' ' ,~otar~ Pubixc xp ~nd for ~he S~a%e...~f~ ..- ~ashtnaton, res/dxnq at Porg My appo/ntment expzres: ~0/29/98. STA~U~ORY WAR~NTY DEED 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 1315 OYSTER BAY AVENUE. BREMERTON. WA, and legally described as follows: TAX ID NUMBER: 4546-002-009-0000 HANSONS OLE NAVY YARD ADDN LOTS 9,10, AND 11, BLOCK 2 OLE HANSON'S NAVY YARD ADDITION, ACCORDING TO PLAT THEREOF RECORDED IN VOLUME 4 OF PLATS, PAGE 56, IN KITSAP COUNTY, WASHINGTON; EXCEPT THE WESTERLY 10 FEET THEREOF FOR ROADS 1. PURCSEH~: The total purchase price is EIGHTY THOUSAND Dollars ($80.000.00). 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 City Attorney 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 i above. If title is REAL ESTATE PURCHASE AND SALE AGREEMENT -1- RE~A.A~ -A~mt~orss-3/15/95 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. 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 conditions 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 45 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 REAL ESTATE PURCHASE AND SALE AGREEMENT -2- ~PSA.A~ -A~eememtFor~-3/15/95 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. 12. DATE OF~SING: 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 LOS~: 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 covering, 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, awnings, ventilating, cooling and heating systems including build 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. ATTO~: 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 attorney's fees regardless of whether the matter proceeds to judgment or is resolved by defaulting party curing default. 15. EN R G NT: There are no other verbal or other agreements which modify or affect this agreement. Time is of the REAL ESTATE PURCHASE AND SALE AGREEMENT -3- RE~SA.A~ -A~e~tF0r~s-3/15/95 essence of this agreement. Ail subsequent modifications or waivers of any condition of this agreement shall be in writing and signed by the appropriate parties. CITY OF BREMER~ON Date LYN~ HORTON, Mayor PURCHASER W. EUGENE SAh~L~f, Director of Public Works & Utilities IAN R. SIE~S, City Attorney Purchaser's Address: Bremerton City Hall Attention: Kathleen L. McCluskey, Clerk 239 Fourth Street Bremerton, WA 98337 Purchaser's Phone: (360) 478-5290 On this date AUGUST 19, 1996 , we hereby approve and accept the sale set forth in the above agreement and agree to carry out all the terms thereof on the p~t of th~Sell~s. fN~fTTE SUE CAMPBeLl- '/ Sellers' Address: MAILING: ANNETTE S. CAMPBELL P.O. BOX 4863 BRE~Eg~0N. WA. 98312 ~eAAers-- Phone: DAY: (360) 476-5231 REAL ESTATE PURCHASE AND SALE AGREEMENT -4- ~A.AGT -A~ree~e~t F0~ - 3/15/95 A true copy of the~orggoing agreement sig~e~ by Sellers is hereby received on _~. ~/ , 19~ IAN R. SIEVERS Bremerton City Attorney/ Agent for Purchaser RECEIVED FOR FILING: I~ATHLEEN L. McCLUS~EY, CITY CLERK REAL ESTATE PURCHASE AND SALE AGREEMENT -5- ~PSA.A~T - Agreement F0z~ - 3/15/95 SELLER'S CLOSING STATEMENT 1315 OYSTER BAY, EREMERTON, WASHINGTON SELLER= ANNETTE SUE CAMPBELL PURCHASER= CITY OF BREMERTON LEGAL DESCRIPTION= LOT(S) 9, 10, 11, BLOCK 2, OLE HANSON'S NAVY YARD ADDITION, ACCORDING TO THE PLAT RECORDED IN VOLUME 4 OF PLATS, PAGE(S) 56, RECORDS OF KITSAP COUNTY, WASHINGTON; EXCEPT THE WESTERLY 10 FEET THEREOF FOR JONES STREET. AMOUNTS DUE/PAID SELLER Total Purchase Price $80.000.00 Cash payment payable to Seller at Closing $80,000.00 REDUCED BY Seller's Closing Costs\Expenses: Mortgage Payoff Balance to Kitsap Federal Credit Union (See Exhibit attached) $23,848.24 Title Insurance Premium (Land Title Insurance Company) 481.05 1% Real Estate Excise Tax (1.78% - Kitsap County Treasurer) 1,424.00 Second half Kitsap County Property Taxes owing for 1996 - amount shown is amount owing from 7/1/96 through 9/13/96 - quoted by Kathy Thompson of the Kitsap County Treasurer's Office (Kitsap County Treasurer 210.52 Total Seller's Closing Costs $25,963.81 (25.963.81) TOTAL CASH PROCEEDS PAYABLE TO SELLER AT CLOSING $54.036.19 NOTE: It is understood and agreed by all parties hereto SELLERS' CLOSING STATEMENT --1- CAMPBELL.SCS - West Hills Closings - ~/5/~6 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 /~z~ day/~ , 1996. A N~f~? E S UE--C~/~B EL~ SELLERS' CLOSING STATEMENT -2- 360-692-7776 K.F.C.U. SILUERDALE 512 P02 SEP 85 '96 08:55 EXHIBIT NO." Real Estate Payoff Inquiry Kitsap Federal Credit Union Real Estate Department Post Office Box 899 Silverdale, WA 98383-0899 (206) 478-22(~8 Loan number; Payoff date: (~'~m.~. /,,~. Interest paid through: Principal balance due: $ Interest: $. Late Fees: $_ -~ Current escrow balance: Reoonveyance Fee: $ Per diem: $ ~. Tote~ Oue: $. Please send all Real Estate payoff inquiries direCtly to: Silverdale Real Estate Department. ~ ~/~ PURCHASER'S CLOSING STATEMENT 1315 OYSTER BAY, BREMERTON, WASHINGTON SELLER: ANNETTE SUE CAMPBELL PURCHASER: CITY OF BREMERTON LEGAL DESCRIPTION: LOT(S) 9, 10, 11, BLOCK 2, OLE HANSON'S NAVY YARD ADDITION, ACCORDING TO THE PLAT RECORDED IN VOLUME 4 OF PLATS, PAGE(S) 56, RECORDS OF KITSAP COUNTY, WASHINGTON; EXCEPT THE WESTERLY 10 FEET THEREOF FOR JONES STREET. AMOUNTS DUE/PAID SELLER Total Purchase Price $80.000.00 Cash payment payable to Seller at Closing $80,000.00 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 ~,O0 TOTAL CASH REQUIRED FROM PURCHASER TO CLOSE $80.008.00 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 A<~' t, 1996. C~'BR~'t~TON BY: ~ ~-- IAN R. SIEVERS Bremerton city Attorney PURCHASER'S CLOSING STATEMENT CAMPBELL.PCS - West Hills Closings - 9/5/Q6 PI,EASI': TYPE OR PRINT REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt when stamped )FI,EASE SEE REVERSE by cashier, CHAPTER 8245 R(W - CIIAPTER 458-61 WAC ]For Use at County Treasurer's Ofhc¢ (Use Form No. 84-00~IB ibr Rclx}rting Transfers o£ Controlling Interest of Entity Owncrahip to the Dcpartmem el Revenue) THIS AFFIDAVIT WILL NOT BE ACCEFI'ED UNLESS ALL AREAS I--7 ARE FULLY COMPLEI'ED ~j~_ff~t) ~>latc /.~p ..... City/State/Zip '%>?~qlevgOn Namc ;*t~ of ~remertoa ~ LEGAl, DESCRIPTION OF PROPERTY SITUATED IN ] UNINCORPORATED COUNTY ~ OR IN crrY OF Stmel Address (if property is improved): !315 ~ ~S:;'~' lay ., 10, 117 3kO~.K ;], OLE HANSON'S qAVY VARO ~n r · ~,ORO~ag FO T .... PLAT 4 OF PLATS, ~ ..... ..... g,~ ~,:) ~, ~ECOROS Or KLTS~P t, JrTy, ~ASH['~GTO~J; ~!s dfis propc~y currcntly: YES NO ~Description of ~ngible pemonal pro~rty if included in sale (furniture, ChaptcrClassified84.33°r dcsignatedRcw as forest land? ~ ~ app ances, e~.) Classified as currcm use land (open space, fariii i ~ and agricukural, or fimbc0? Chapter 84.34 RCW Exempt from p~ope~y tax as a nonprofit [ ' ~ ff exemption claimed, list WAC number and explanation. organization? Chapter 84.36 RCW Scllcr's Exempt Rcg. No .... WAC No. (~c/Sub) Receiving special valuation as historic ~ ~ Explanation property? Chapter 84.26 RCW l'roperty Type: [] land opJy ~ land wid~ new building ~,nd wilh previously used building [J land with mobile hmnc Type of Document oL~Lu~o 0~ [unbcr ouly [ ] building oni5 l)a~ of Document i~ p [.~,a~,~p Priuc[pal U:qe: []] Apt. (4 + mdt) X~ residential ~hnbcr 7~ agricultural I conunercla[mdushui GrossSale Price $ } ~ ,~fflc~ ............. l~rsonal Property (deduct) $ Excise Tax: State $ ~ form). (3) OWNER(SI SIGN,[I'URF: IAN R. SIEVERS, City Attorney 239 4th Street · Bremerton, WA 98337 · (360) 478-5345 · FAX (360) 478-5161 DATE: October 4, 1996 TO: Kathleen McCluskey, Administrative Services Director FROM: Nina Neimoyer, Office Assistan~--'p'~ RE: 1315 Oyster Bay, Bremerton, Washington Campbell/City of Bremerton Transaction The above-referenced real estate transaction has now been closed. I have attached hereto the following for your information and file: 1. Original Statutory Warranty Deed between Annette Sue Campbell, a single person, and City of Bremerton, as Purchaser, together with corresponding Real Estate Excise Tax Affidavit receipt; 2. Original Seller's Closing Statement; and 3. Original Purchaser's Closing Statement. 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. Attachments: as cited Equal Opportunity Employer IAN R. SiEVERS, City Attorney 239 4th Street · Bremerton, WA 98337 ° (360) 47845345 ° FAX (360) 478-5161 DATE: September 5, 1996 TO: Kathleen McCluskey, Director of Administrative Services FROM: Nina Neimoyer, Office Assistan'~,-.~K'~ RE: 1315 Oyster Bay Annette Sue Campbell/City Of Bremerton Transaction Please find attached hereto the Preliminary Title Insurance Policy received from Land Title Company regarding the City's upcoming purchase of the above-referenced property. This transaction is pursuant to that Real Estate Purchase and Sale Agreement between Annette Sue Campbell and the City dated August 19, 1996. Closing for this transaction has been scheduled for September 12, 1996. Please call our office if you have any questions in this regard. Equal Opportunity Employer