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HomeMy WebLinkAbout9602220020 Filed for Record at Request of: KITSAP COUNTY When Recorded Return to: ~,~] CHCK FILED-BY: CITY OF BREHERTON Name Bremerton City Clerk ~l~ KAREN FLYNN, AUDITOR Address 239 Fourth Street C~ERK: Bremerton. Washin~tOD 95337 VacantLotAdjacmttelS22mawi~-#~s~ ~ 1~97 FR 2952 8T/%TUTORY Wi%P.~ANTY DEED (For Use in the State of Washington Only) THE GRANTORS, CH~RLES P. HENSON and LOIS J. HENSON, 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(S) i THROUGH 5, BLOCK 18, NAVY YARD CITY, ACCORDING TO THE PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE(S) 75, RECORDS OF KITSAP COUNTY, WASHINGTON; EXCEPT PORTION CONVEYED TO THE STATE OF WASHINGTON FOR S. R. NO. 3, BY AUDITOR'S FILE NO. 990183. DATED this \ day RANSACTION EXC'~ TAX FEB 33 1998 -- CO~TY OF KITSAP ) On this date, before me, the undersigned, a Notary Public in STATUTORY W~TY DEED --1-- HENS~.S~ - West HiLLs Ctosings - 12/28/95 and for the State of Washington, duly commissioned and sworn, personally appeared C}L%RLES P. HENSON and LOIS J. HENSON, husband and wife, to me known to be the individuals described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this ~ day,,, f "'--k -. -, e-~--~-',.m,.A ~ , 1996. $.% ~(~t%.ry P~lic in and hr th~ S'.~ ~'. ~, residing at ~.Po 0 . My appointment e~ires: A. F. !: 9~:)222DD2D REEL D8":;'7 FR 295;3 STATUTORY WARRANTY DEED -2- HENSOfl. S~IO - ~est HiLLs C[osings - 12/28/95 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 PARCEL BEHIND 1322/1323 BAYVIEW DRIVE , and legally described as follows: NA~ YARD CITY BLK 018 LOT 1 TO 5 EX ELY PT TO NEW ST HWY PEI~ AUD N/990183 1. C PRIC : The total purchase price is FIVE THOUSAND Dollars ($5.000.o0). 2. CONDITION OF TITLE: The title is to be free of all encumbrances or defects except: Rights reserved in federal patents or state deeds, building or use restrictions general to the area, existing easements not inconsistent with Purchaser's intended use, and building or zoning regulations or provisions shall not be deemed encumbrances or defects. Encumbrances to be discharged by Sellers may be paid out of purchase money at date of closing. 3 TITLE INSURANCE: Sellers shall furnish to Purchaser a Washington Land Title Association Standard Form Owner's or Purchaser's Policy of Title Insurance in the amount of the purchase price. Sellers authorize the City Attorney to apply as soon as practical for such title insurance, and as soon as reasonably possible, Purchaser shall be furnished a preliminary commitment therefor issued by Land Title Company. (The Sellers shall assume any cancellation fee of such commitment or policy.) The title policy to be issued shall contain no exceptions other than those provided in said standard form plus encumbrances or defects noted in paragraph 1 above. If title is REAL ESTATE PURCHASE AND SALE AGRE]~ENT -1- REPSA.A6T - A~mt F0n~ - 3/15/95 not so insurable as above provided and cannot be made so insurable by the termination date set forth herein, this agreement shall terminate; provided, however, that Purchaser may waive defects in writing and elect to purchase. 4. DEFAULT: If either party defaults (that is, fails to perform the acts required of that party) in that party's contractual performance herein, the non-defaulting party may seek specific performance pursuant to the terms of this agreement, damages, or rescission. 5. PRO-RATION: Taxes for the current year, rents, insurance, interest, water and other utilities constituting liens shall be prorated as of date of closing. Purchaser shall pay for remaining oil in fuel tank, the amount to be determined by the supplier. 6. POSSESSION: ~f~$ Sellers shall de%iver possession to Purchaser on closing, or days after closing. Sellers agree to pay Purchaser the sum . ~/~- for each day of possession beyond date of closing. Possesslo~}~hall 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 in~urable, as_~beve provided, but in ~ny event not later than the ~_~: day of ~~x~ , 19 ~ , upon which date the agreement shall terminate. The Purchaser and Sellers shall deposit with the Bremerton City REAL ESTATE PURCHASEAND SALE AGREEMENT -2- P~PSA.A~-Agree~entF0rms-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 for the costs of~learing the Sellers' title to the sa~rty~ including any dell~L=n%Drgperty taxes, the o~~andard title insurance policy, and any r~'a~ ~est~e~m~-~f~e tax related to the sale property. Real esta~he year of closing, and utilities constituting~against the ' property, sh~l be prorated as of cl~f~n~~ents shall be pa%d by the respective S ~ ~u~ ~ 0%~~..~-~,(~--~-~~~ . 12. DATE OF CLO__L_Q_$~: ~ 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 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. A_T~QRNEY'S 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 attorney's fees regardless of whether the matter proceeds to judgment or is resolved by defaulting party curing default. 15. E EEM : 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- REPSA.AGT - A~ F01~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 BREMERTON Date 'LYNN HORTON, Mayor PURCHASER DEPARTMENTAL APPROVAL ~. EUGENE~AMPLEY, Director of Public Works & Utilities TO FORM: IA~. SIEVERS, 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 , 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 t~e ~llers. Sellers' Address: Sellers' Phone: REAL ESTATE PURCHASE AND SALE AGREEMENT -4- ~SA.A~ - ~x'~emeM: For~ - 3/15/~ A true copy of t~e~oregoing agreement signed by Sellers is hereby received on ~--/~l~- ~ , 19 ~ ? I . SI RS Bremerton City Attorney/ Agent for Purchaser RECEIVED FOR FILING: KATHLEEN L. McCLUSKEY, CITY CLERK REAL ESTATE PURCHASE AND SALE AGREEMENT -5- ~.A~ - k~mt F~n~ - 3/15/~ AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) 48 0025 106 02572 CHICAGO TITLE INSURANCE COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, CHICAGO TITLE INSURANCE COMPANY, a Missouri corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. In Witness Whereof, CHICAGO TITLE INSURANCE COMPANY has causedthis policy robe 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: 400 Warren Avenue ~O'~ /~ ' /f--e,'g~----f~'~ Bremerton, Washington 98337 (360) 377- 0133 - By: Secretary ALTA Owner's Policy (10-17-92) END6RSEM~NT Attached to Commitment No. E-105698-3 Issued by LAND TITLE COMPANY OF KITSAP COUNTY Supplemental No.: i OF SECOND REPORT February 15, 1996 Your Reference No.: MCKA¥ Seller Name: Buyer Name: This endorsement is made a part of said Commitment including any prior endorsements and is subject to the schedules, terms provisions and the conditions and stipulations therein, except as modified by the provisions hereof. 1. Schedule A of the above Commitment is hereby amended in the following particulars: (a) The effective date of the Commitment including extension is: February 8, 1996 at 8=00 a.m. (b) The title to the estate or interest in the land is at the extended effective date hereof vested in: LYRNE S. BLACKORBY, presumptively subject to the community interest of spouse on or since January 8, 1996 (c) The land referred to in the Commitment is described as follows: NO CHANGE 2. Schedule B of the above Commitment including any prior endorsement is hereby amended in the following particulars: (a) The general exceptions at the following lettered paragraphs of Schedule B are hereby deleted: NO CHANGE (b) The special exceptions at the following numbered paragraphs of Schedule B are hereby deleted: PLEASE DELETE PARAGRAPH NO. i FROM OUR COMMITMENT (C) The special exceptions at the following numbered paragraphs are hereby added/amended to Schedule B-I: NO CHANGE (d) The requirements at the following numbered paragraphs are hereby added/amended to Schedule C: NO CHANGE ISSUED FROM THE OFFICE OF: LAND TITLE COMPANY OF KITSAP COUNTY COMMITMENT FOR TITLE INSURANCE SCHEDULE A ~. Effective Date: February 8, 1996 at 8:00 a.m. Office File No.:E-105698-3 2. Policy or Policies to be issued: Your Reference:MCKAY ALTA Owner's Policy 10-17-92 Rate: RES/RESALE Amount: $ 45,000.00 (X) Standard ( ) Extended Premium: $ 228.00 Proposed Insured: Tax: $ 18.47 CITY OF BREMERTON ALTA Loan Policy 10-17-92 Rate: Amount: $ ( ) Standard ( ) Extended Premium: $ Proposed Insured: Tax: $ Other Coverage: Amount: ( ) Standard ( ) Extended Premium: Proposed Insured: Tax: OTHER FEE: $ Tax: $ * MINIMUM CANCELLATION FEE INCLUDING TAXES: $54.05 NOTE: In the event there is no activity on this file within six (6) months from the effective date, the cancellation fee may be billed. 3. The estate or interest in the land described to in the Commitment and covered herein is: A FEE 4. Title to the estate or interest in the land is vested in: .JAMES RAY OTIS, JR., presumptively subject to the comm%%nity interest of spouse on or since May 30, 1980 5. The land referred to in this Commitment is described as follows: SEE LEGAL DESCRIPTION ATTACHED ON "EXHIBIT A" AND BY REFERENCE MADE A PART HEREOF. EXHIBIT 'A( Office File No.: E-105698-3 DESCRIPTION: THE BAST HALF OF LOT 5~ AND ALL OF LOT 6t BLOCK 25~ BREMERTON MEIGHTS~ ACCORDING TO PLAT RECORDED IN VOLUME 3 OF PLATSt PAGE 41, RECORDS OF KITSAP COUNTY~ WASHINGTON; EXCEPT TBE NORTH l0 FEET THEREOF. SCHEDULE B Office File No.: E-105698-3 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-ways, 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 are 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 United States Patents or in Acts authorizing the issuance thereof. H. Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. I. Water rights, claims, or title to water. J. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records, or attaching subsequent to the effective date hereof but prior to the date of the proposed Insured acquires of record for value the estate of interest or mortgage thereon covered by this Commitment. FOR SPECIAL EXCEPTIONS, SEE ATTACHED COMMITMENT FOR TITLE INSURANCE Office File No.: E-105698-3 SCHEDULE B-I SPECIAL EXCEPTIONS: 1. Real Estate Contract, including its terms, covenants, conditions and provisions; Dated: October 26, 1979 Recorded: October 31, 1979 Recording No.: 7910310070 -- Seller: James Otis, Sr., a widower Purchaser: Ronald W. Mobley and Judith L. Mobley, husband and wife Excise Receipt No.: 8196 a. The Seller's interest in said contract is now held of record by: JAMES RAY OTIS, JR., presumptively subject to the community interest of spouse if married on or since May 30, 1980. b. The Purchaser's interest in said contract is now held of record by: Lynne S. Blackorby, a married woman, as her separate property. c. The interest of said Purchaser is presumptively subject to the community interest of spouse, if married on or since January 8, 1996. ~2. A Survey recorded under Auditor's File NO. 7905300095, disclosed an encroachment of a retaining wall running along the Easterly portion to the Southeasterly portion of said premises. 3. Possible rights of parties in possession of that portion of land lying within the Easterly and Southeasterly portion of said retaining wall as disclosed by Survey recorded under Auditor's File No. 7905300095. 4. General taxes for 1996, payable after February 15, 1996, which become delinquent after April 30, 1996, if first half not paid; Amount: $543.38 Tax Account NO.: 4502-025-005-0007 Affects: said premises Levy Code: 1170 Land Value: $8,470.00 Improvement value: $24,680.00 5. Delinquent general taxes for the second half of 1995; Amount: $428.70 plus interest and penalty Tax'Account No.: 4502-025-005-0007 Affects: said premises Levy Code: 1390 Lan~ Value: $8,470.00 Improvement Value: $24,680.00 6. Liehs of real estate excise sales tax upon any sale of said premises, if unpaid. Excise tax rate for Kitsap County is 1.78%. $~RDULE B-I -- Continued File No.:E-105698-3 KW/bl END SPECIAL EXCEPTIONS COMMITMENTFOR TITLE INSURANCE Office File NO.: E-105698-3 SCHEDULE C The following are the requirements to be complied with: 1. Instruments necessary to create the estate or interest or mortgage to be insured must be properly executed, delivered, and duly filed for record. 2. In the event that the property described herein is occupied by a married person and spouse as a homestead, the conveyance or encumbrance of the property must be executed by both husband and wife, pursuant to RCW 6.13 which now provides for an automatic homestead on such property. END SCHEDULE C REQUIREMENTS -~ ENDORSEMHNT ~ Attached to Commitment NO. E-105698-3 Issued by LAND TITLE COMPANY OF KITSAP COUNTY Supplemental NO.: 2 January 15, 1996 Your Reference No.: MCKAY Seller Name: Buyer Name: This endorsement is made a part of said Commitment including any prior endorsements and is subject to the schDdules, terms provisions and the conditions and stipulations therein, except as modified by the provisions hereof. 1. Schedule A of the above Commitment is hereby amended in the following particulars: {a) The effective date of the Commitment including extension is: November 27, 1995 at 8z00 a.m. {b) The title to the estate or interest in the land is at the extended effective date hereof vested in: NO CHANGE (c) The land referred to in the Commitment is described as follows: NO CHANGE 2. Schedule B of the above Commitment including any prior endorsement is hereby amended in the following particulars: (a) The general exceptions at the following lettered paragraphs of Schedule B are hereby deleted: NO CHANGE (b) The special exceptions at the following numbered paragraphs of Schedule B are hereby deleted: PLEASE DELETE PARAGRAPHS 5 AND 6 FROM OUR COMMITMENT (C) The special exceptions at the following numbered paragraphs are hereby added/amended to Schedule B-l: PLEASE AMEND SUBPARAGRAPHS lb AND lc TO READ AS ATTACHED (d) The requirements at the following numbered paragraphs are hereby added/amended to Schedule C: NO CHANGE DATE DOWN ENDORSEMENT P~ge 2 E-105698-3 Your Reference No.: MCKAY Seller Name: Buyer Name: PLEASE AMEND SUBPARAGRAPHS lb AND lc TO READ AS FOLLOWS: b.~The Purchaser's ~interest in said contract is now held of record by: ~Lvnne S. Blackorby, a married woman, as her separate property. ~ c./ The interest of said Purchaser is presumptively subject to the community ~J'/''interest of spouse, if married on or since January 8, 1996. KITSAPCOUNTY FILED-BY: GIROLANI HEYER~ & ~ORN. Y TRANSACTION EXCISETAX JAN 8~ ~6~ ~:52 NI KAREN FLYNN, AUOITOR PAID JAN $ ~ CLERk: BEVANS A~OU~T~j'''jC) iL(D-''y' A.F.#: The ~O~,;~d~v ~. Hay, ~as p~e~en~ T~u~tee unde~ tha~ Deed of the p~em~ae~ and pa~enc, ~ec~ed below, hereby g~an~s and conveys withou~ Warranty, ~~~ackorby, a m~rried woman as her separate estate, ~EE,'"that real 9roperty, situated in the County of Kitsap, State of Washington, described as follows: ~'~F OF ~T 5 ~D ~L OF LOT 6, BLOCK 25, BREMZRTON RECZTALS~ 1. This conveyance is made pursuant to the powers, including the power of sale, conferred upon said Trustee by that certain as No. 9410100177, in Vol. 3, Page 41, records o~ Kitsap County, Washington. undertakings the pa~ent of a Promissory Note(s) in the sum of $ 33,000.00, with interest thereon, according to the =erms thereof, in ~avor of Lynne S. Blackorby, and to secure any other sums o~ money which might become due and payable under .~. ~-~ the terms of said Deed of Trust. 3. The described Deed of Trust provides that the real property conveyed therein is not used principally for agricultural or farming purposes. 4. Default having occurred in ~he obligations secured and/or Sale" described below, which by the terms of the Deed of Trust made operative the power to sell, the thirty day advance "Notice of Default" was transmitted to the Grantor, or his successor in interest, and a copy of said Notice was posted or 5. Lynne S. Blackorby, being then the holder of the indebtedness secured by said Deed of Trust, delivered to said Trustee a written request directing said Trustee to sell the described property in accordance with law and the terms of said Deed of Trust. 6. The defaults specified in the "Notice of Default" not having been cured, the Trustee, in compliance with the terms of said Deed of Trust, executed and on July 3, 1995, recorded in the office of the auditor of Kitsap County, Washington, a "Notice of Trustee's Sale" of said property as NO. 9507030055. 7. The Trustee, in its aforesaid Notice of Trustee's Sale, fixed the place of sale as the Kitsap County Courthouse a public place, at 10:00 o'clock a.m., and in accordance with law, caused copies of the statutory "Notice of Trustee's Sale" to be transmitted by mail to all persons entitled thereto and either posted or served prior to ninety days before the sale. Said sale was duly postponed until November 24, 1995 and then until Dece~er 15, 1995 by notice duly published or announced on the date of sale according to statute. Further, the Trustee caused a copy of said "Notice of Trustee's Sale" to be published once between the thirty-second and twenty-eighth day before the date of sale and once between the eleventh and seventh day before the date of sale in a legal newspaper in each county in which the property or any part thereof is situated; and further, included with this Notice, which was transmitted or served to or upon the Grantor or his successor in interest, a "Notice of Foreclosure" in substantially the statutory form to which copies of the Grantor's Note and Deed of Trust were attached. 8. During.the foreclosure,'no action was pending on an obligation secured by said Deed of Trust. ~, F, #: REEL 9. All legal requirements and all provisions-ut Trust have been complied with, as to acts to be performed and notices to be given, as provided in Chapter 61.24 RCW. 10. The defaults specified in the "Notice of Trustee's Sale" not having been cured for ten days prior to the date of Trustee's Sale and said obligation secured by said Deed of Trust remaining unpaid, on December 15, 1995, the date of sale, which was not less than 190 days from the date of default in the obligation secured, the Trustee then and there sold at public auction to said Grantee, the highest bidder therefor, the property hereinabove described, for the sum of $ 37,434.35 (by satisfaction in full of the obligation then secured by said Deed of Trust, together with full fees, costs, and expenses as provided by statute). DATED this 15th day of December, ~~ ~NDREW R. HAY TRUSTEE'S DEED - 2 STATE OF WASHINGTON ) :SS COUNTY 'OF PIERCE ) On this day personally appeared before me ~-ndrew R. Hay to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed uhe same as his free and voluntary act and deed, ~or the uses and purposes therein mentioned. GIV~ under my hand and official seal this day of ~/~z,~ , 1995. ~ ~ NOTARY PUBLIC ~a~ for the State of ;~f~T~ Washington, residing in ~ "'~'~ Name Prin~ed: ^.F.#: ~681080060 EEEL 0~72 FR 1407 TRUSTEE'S DEED - 3 --- ~m0RSm~T -- Attached to Commitment No. E-105698-3 Issued by LAND TITLE COMPANY OF KITSAP COUNTY Supplemental NO.: 1 January 9, 1996 Your Reference No.: MC}CAY Seller Name: Buyer Name: This endorsement is made a part of said Commitment including any prior endorsements and is subject to the schedules, terms provisions and the conditions and stipulations therein, except as modified by the provisions hereof. 1. Schedule A of the above Commitment is hereby amended in the following particulars: (a) The effective date of the Commitment including extension is: November 27, 1995 at 8=00 a.m. (b) The title to the estate or interest in the land is at the extended effective date hereof vested in: NO CHANGE (c) The land referred to in the Commitment is described as follows: NO CHANGE 2. Schedule B of the above Commitment including any prior endorsement is hereby amended in the following particulars: (a) The general exceptions at the following lettered paragraphs of Schedule B are hereby deleted: NO CHANGE (b) The special exceptions at the following numbered paragraphs of Schedule B are hereby deleted: PLEASE DELETE PARAGRAPH 2 FROM OUR COMMITMENT (C) The special exceptions at the following numbered paragraphs are hereby added/amended to Schedule B-l: PLEASE AMEND SUBPARAGRAPHS lb AND lc TO READ AS ATTACHED (d) The requirements at the following numbered paragraphs are hereby added/amended to Schedule C: NO C~L%NGE DATE DOWN ENDORSEMENT Pa~e 2 E-105698-3 Your Reference No.: MCKAY Seller Name: Buyer Name: PLEASE AMEND SUBPARAGRAPHS lb AND lc TO READ AS FOLLOWS: b. The Purchaser's interest in said contract is now held of record by: Dennis A. McKay Jr., as his separate property. c. The interest of said Purchaser is presumptively subject to the community interest of spouse, if married on or since October 10, 1994. ENDORSEMENT Supplemental No.: 1 Date: January 9, 1996 Attached to Commitment No.: E-105698-3 Your Reference No.: MCKAY Seller Name: Buyer Name: 1. Paragraph 2 of Schedule A of the above Commitment is hereby amended to specify the name of the proposed insured on the policy or policies requested as follows: NO CHANGES 2. Paragraph 2 of Schedule A of the above Commitment is hereby amended to reflect the form and amount of ~nsurance requested: A. ALTA Owner's Policy - 10/17/92 RATE: RES/RESALE Amount: $ 45,000.00 Premium: $ 228.00 (X) Standard ( ) Extended Tax: $ 18.47 B. ALTA Loan Policy - 10/17/92 RATE: Amount: Premium: ( ) Standard ( ) Extended Tax: C. Other: Amount: Premium: ( ) Standard ( ) Extended Tax: INSURING INFORMATION ENDORSEMENT ALTA Commitment - 1966 LAND TITLE COMPANY OF KIT-qAP COUI~TY ALTA OWNER'S POLICY STANDARD SCHEDULE A Office File ~o.: E-105698-3 Policy N-mher: 48 0025 106 02572 Date of Policy: March 1, 1996 at 12:52 p.m. Amount of Insurance: $45,000.00 Pre~ium: $228.00 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 RE~F_a(ENCE MADE A PART HEREOF SCHEDULE A ALTA Owner's Policy 10-17-92 Offi~ File No.: E-~05698-3 THE EAST HALF OF LOT 5, AND ALL OF LOT 6, BLOCK 25, BREMERTON HEIGHTS, ACCORDING TO PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE 41, RECORDS OF KITSAP COUNTY, WASHINGTON; EXCEPT THE NORTH l0 FEET THEREOF. SCHF~ULE E. Office File NO.: E-105698-3 Policy NO: 48 0025 106 02572 EXCEPTIONS FRO~ CO~RAGE 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 ATTAC~ED Office File NO.: E-105698-3 Policy NO.: 48 0025 106 02572 ALTA STAA%'DA~D O~ POLICY SCHEDULE B -cont' d SPECIAL EXCEPTIONS: 1. A Survey recorded under Auditor's File No. 7905300095, disclosed an encroachment of a retaining wall running along the Easterly portion to the Southeasterly portion of said premises. 2. Possible rights of parties in possession of that portion of land lying within the Easterly and Southeasterly portion of said retaining wall as disclosed by Survey recorded under Auditor's File No. 7905300095. 3. General taxes for 1996, payable after February 15, 1996, which become delinquent after April 30, 1996, if first half not paid; Amount: $543.38 Tax Account NO.: 4502-025-005-0007 Affects: said premises Levy Code: 1170 Land Value: $8,470.00 Improvement Value: $24,680.00 4. Delinquent general taxes for the second half of 1995; Amount: $428.70 plus interest and penalty Tax Account NO.: 4502-025-005-0007 Affects: said premises Levy Code: 1390 Land Value: $8,470.00 Improvement Value: $24,680.00 SC/bl END SCHEDULE B AUTHORIZED SAT~ORY OWNER'S POLICY ENDORSEMENTS: NONE LAND TITLE C0~PANY OF KITSAP COUNTY ALTA OWNER'S POLICY STANDARD SCHEDULE A Office File No.= E-106047-3 Policy ~,~er= 48 0025 106 00004663 Date of Policy= February 22, 1996 at 9:28 a.m. Amount of Insurance= $5,000.00 Premium= $200.00 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 "E~IBIT A" AND BY REFERENCE MADE A PART HEREOF SCHEDULE A ALTA Owner's Policy 10-17-92 EXHIBIT 'A' Office File No.: E-106047-3 DESCRIPTION= LoT(S) 1 THROUGH 5, BLOCK 18, NAVY YARD CITY, ACCORDING TO THE PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE(S) 75, RECORDS OF KITSAP COUNTY, WASHINGTON; EXCEPT PORTION CONVEYED TO THE STATE OF WASHINGTON FOR S.R. NO. 3, BY AUDITOR'S FILE NO. 990183. SCHEDULE B Office File No.= E-106047-3 Policy Nos 48 0025 106 00004663 EXCEPTIONS FROM COV~RAQE 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: QENEI~AL 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-106047-3 Policy No.= 48 0025 106 00004663 'ALTA STANDARD OWRERS POLICY SCHEDULE B - cont'd SPECIAL EXCEPTIONS= 1. Easement for sewer line over a portion of said premises, as condemned by United States of America in United States District County No. 516. This easement now held of record by Kitsap County Sewer District NO. 1, by deed recorded under Auditor's Pile No. 478975. 2. Relinquishment of all existing, future or potential easements for access, light, view and air, and all rights of ingress, egress and regress to, from and between said premises and the highway or highways to be constructed on lands conveyed by Deed; Recorded: February 3, 1971 Recording NO.: 990183 Records of: KITSAP County, Washington To: THE STATE OF WASHINGTON SC/jr END SCHEDULE B AUT~%TZE~ SIGNATORY-~--'~---~ OWNER' S POLICY ENDORSEMENTS: NONE SELLERS' CLOSING STATEMENT VACANT LOT ADJACENT TO 1322 BAYV~EW~ BREMERTON, WASHXNGTON SELLERS: CHARLES P. HENSON and LOIS J. HENSON PURCH~SER~ CITY OF BREMERTON LEGAL DESCRIPTION: LOT(S) 1 THROUGH 5, BLOCK 18, NAVY YARD CITY, ACCORDING TO THE PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE(S) 75, RECORDS OF KITSAP COUNTY, WASHINGTON; EXCEPT PORTION CONVEYED TO THE STATE OF WASHINGTON FOR S. R. NO. 3, BY AUDITOR'S FILE NO. 990183. AMOUNTS DUE/PAID SELLERS Total Purchase Price $5.000.00 Cash payment payable to Sellers at Closing $5,000.00 REDUCED BY Sellers' Closing Costs\Expenses: (Purchaser to pay Sellers' closing costs, except for 4elinquant property taxes, pursuant to Purchase Agreement) Delinquent property taxes, together with interest and penalties, owing for 1995 tax year - amount shown is amount owing from 1/1/95 through 12/31/95 (Delinquent second half taxes - quoted by Kathy Thompson of the Kitsap County Treasurer's Office (Kitsap County Treasurer) $19.39 Total Sellers' Closing Costs $19.39 (19.39) TOTAL CASH PROCEEDS PAYABLE TO SELLERS AT CLOSING $4,980.61 NOTE: It is understood and agreed by all parties hereto that real property taxes for the second half of the 1995 tax year are being paid out of closing. Property taxes will become exempt aS of the date of closing, and said taxes for the 1996 tax year are not due and owing until February 14, 1996. It is further understood that this closing SELLERS' CLOSING STATEMENT --1-- HENSON.SCS - West HilLs CLosings - 1/22/96 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. HE~S6N' LOIS J. ~' SELLERS' CLOSING STATEMENT -2- HENSON.SCS - ~/est Hi L Is C[osJr~s - 1/22/96 PURCHASER'S CLOBING BTATEMENT VACANT LOT ADJACENT TO 1322 BAYVIEN, BREMERTON, NABHINGTON SELLERS: CHARLES P. HENSON and LOIS J. HENSON PURCHASER: CITY OF BREMERTON LEGAL DEBCRIPTION: LOT(S) 1 THROUGH 5, BLOCK 18, NAVY YARD CITY, ACCORDING TO THE PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE(S) 75, RECORDS OF KITSAP COUNTY, WASHINGTON; EXCEPT PORTION CONVEYED TO THE STATE OF WASHINGTON FOR S. R. NO. 3, BY AUDITOR'S FILE NO. 990183. AMOUNTS DUE/PAID SELLERS Total Purchase Price $5.000.00 Cash payment payable to Sellers at Closing $5,000.00 ADD Purchaser's Closing Costs to Cash Payment Payable at Closing: (Purchaser to pay Sellers' closing costs, except for delinquent property taxes, pursuant to Purchase Agreement) Title Insurance Premium (Land Title Insurance Company) $216.20 Real Estate Excise Tax (1.78% - Kitsap County Treasurer) 89.00 Recording Fee for Statutory Warranty Deed (Kitsap County Auditor) 8.00 Total Purchaser's Closing Costs $313.20 313.20 TOTAL CASH PROCEEDS PAYABLE TO SELLERS AT CLOSING ~5,313.20 NOTE: It is understood and agreed by all lparties hereto that real property taxes for the second half of the 1995 tax year are being paid out of closing. Property taxes will become exempt as of the date of closing, and said taxes for the 1996 tax year are not due and owing until February 14, 1996. PURCHASER' S CLOSING STATEMENT --1-- HENSON.PCS - West HiLLs CLosings - 1/10/96 It is further understood 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 o~. , , 1996. / By~EMERTON IAN'R. SIEVERS Bremerton City Attorney PURCHASER' S CLOSING STATEMENT -2- HENSON.PCS - West HiLLs CLosings - 1/10/96 PLEASE TYPE OR PRINT REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt when stamped PLEASE SEE REVERSE by cashier. CHAPTER 82.45 RCW - CHAPTER 458-61 WAC Na~HARLES P. HENSON Name .CITY Q_F LOIS J. HENSON 1083 Puget Bt±ye East sa-cet 239 4TH STREET Cdy/State/Zip PO~'t Occbbad HA 98366 City/State/Zip BRENERTON WA 98337 ADDRESS TO SEND ALL PROPERTY TAX RELATED CORRESPONDENCE ALL TAX PARCEL NUMBERS Name CJ.~y of B.t-e~nerton 4600-0!.8-0001-0007 239 4th S!;reet City/State/Zip Bre~n~etSonNA 98337 ll~l LEGAL DESCRIPTION OF PROPERTY SITUATED IN [] UNINCORPORATED COUNTY OR IN C]YY Street Address (if property is improved): LOT(S) ~. THROUGH 5, BLOCK '18, NAVY YARD CITY, ACCORBING TO THE PLAT RECORDED IN VOLUNE 3 OF PLATS, PAGE(S) 75, RECORDS OF KITSAP COUNTY, NASHINGTON; EXCEPT PORTION CONVEYED TO THE STATE OF NASHINGTON FOR S. R. NO. 3, BY AUDTTOR'S FTLE NO. 990~.83. ll is this property currently: YES NO [] Description of vanEible personal property if included in sale (furniture, Classified or designated as forest land? [] ~] appliances, 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 elalmed, llst WAC number and explanafiou. o~ganizadon? Chapter 84.36 RCW Sc]let's Exempt Reg. No ...... -- WAC No. (sac/Sub) Receiving special valuation as historic [] ~ Explanation property? Chapter 84.26 RCW Property ~Dype:X~ land only [] land with new building [] land with previously used building [] land with mobile home Type of Document S_t_ a_.g~q[0ry_ [] timberol~l.y, [] building only ..... January 3:1., 1996 Principal/.Use: [] Apt. (4 + unit) [] residential [~ tim~ter [] agricultural [] commercial/industrial Gross Sale Price $ H other Personal Property (deduct) $ $ 5,000.00 .Taxable Sale Price ](1) NOTICE OF CONTINUANC~ (RCW 84.~ or RCW 8434) Tax: State If ~hc new owner(s) of land that is classified or designated as current use or forest land wish to continue the classification or designation of such Local $ Z0_- land, the new owner(s) must sign below. If the new owner(s) do not desire Delinquent Interest: State $ - 0 to continue such classification or designation, all compensating or addi- Local $ 84.34. 108 shall be due and payable by the seller or transferor at the time .. ///Delinquent of sale, The county assessor must determine if the land transferred qualifies ( Total Due $ to continue classification or designation and must so indicate below, tHERE IS A $2.00 FEE FOR PROCESSING THIS FORM 1~ NO TAX IS DUE Signatures do not necessarily mean the land will remain in classification or designation. If it no longer qualifies, it will be removed and the cum- II AFFIDAVIT pensating taxes 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 (Sec back of this form). Date Signature of / DEPUTY ASSESSOR Grantor/Agent '- (2) NOTICE OF COMPLIANCE (Chapter 84.26 RCW) Name (print) CHAIILES P. HENSON If thc new owner(s) of property with special valuation as historic property ..... danuary 3:[ ~.9968reraerton wish to continue this special valuation the new owner(s) must sign below. Date & t~lace o[ S!tgrfmg If thc 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 ,.. ., -- (3) OWNER(S) SIGNATURE Name (print) IAN R. $IEVEFIB, City Attorney Date & Place of Signing January 3:t_, 'l. 99$Breraer~:on Perjury: Perjury is a class C felony which is punishable by imprisonment in a state correctional institution for a maximum term of not andm°re than five years, or by a fine in an amount fixed by the court of not more than five thousand dollars ~,~00~0~, or by both imprisonmentfine (RCW 9A.20.020 (lC)). ' IAN R. SIEVERS, City Attorney 239 4th Street · Bremerton, WA 98337 · (360) 478-5345 · FAX (360) 478-5161 DATE: May 2, 1997 TO: Kathleen McCluskey, Administrative Services Director FROM: Nina Neimoyer, Office Assistant~-~'~ RE: Henson/City of Bremerton Transaction Vacant lot adjacent to 1322 Bayview Drive Please find attached hereto the Final Title Policy issued by Land Title Company with regard to the City's recent purchase of the above-referenced property. Please call our office if you have any questions in this regard. Equal Opportunity Employer -Ir IAN R. SIEVERS, City Attorney 239 4th Street · Bremerton, WA 98337 · (360) 478-5345 · FAX (360) 478-5161 DATE: March 28, 1996 TO: Kathleen McCluskey, Administrative Services Director . 1 FROM: Jackie Cronk, Legal Assistant~ RE: 4315 "E" Street Blackorby/City of Bremerton Transaction Please find attached hereto the Title Insurance Policy received from Land Title Company regarding the City's purchase of the above-referenced property. This transaction is pursuant to that Real Estate Purchase and Sale Agreement between Blackorby, and the City of Bremerton. Please call our office if you have any questions in this regard. Equal Opportunity Employer DATE: February 23, 1996 TO: Kathleen L. McCluskey, Administrative Services Director Cronk, Legal Assistant~j~ FROM: Jackie RE: 4315 'E" Street Blackorby/City of Bremerton Transaction Please find attached hereto four Supplemental Endorsements to 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 Lynn Blackorby and the City of Bremerton. The initial Commitment for Title Insurance was previously forwarded to you. Please call our office if you have any questions in this regard. Attachment: as cited ~~IAN R. SIEVERS, City Attorney 239 4th Street · Bremerton, WA 98337 · (360) 478-5345 · FAX (360) 478-5161 DATE: February 22, 1996 TO: Kathleen L. McCluskey, Administrative Services Director FROM: Jackie Cronk, Legal Assistan~ RE: Vacant lot adjacent to 1322 Bayview, Bremerton, Washington Henson/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 Charles and Lois Henson, as Sellers, 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 · Celebrating 50 Years of Freedom · IAN R. SIEVERS, City Attorney 239 4th Street · Bremerton, WA 98337 · (360) 478-5345 · FAX (360) 478-5161 .~- DATE: January 8, 1996 TO: Kathleen McCluskey, Director of Administrative Services FROM: Jackie Cronk, Legal Assistant RE: Vacant lot adjacent to 1322 Bayview Henson/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 Henson and the City of Bremerton. Please call our office if you have any questions in this regard. · Celebrating 50 Years of Freedom ·