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HomeMy WebLinkAbout200311140210 AFTER RECORDING MAIL TO: Pac~e: 1 of 3 11714/~883 18:378 CITY OF BREMERTON 239 FOURTH STREET PAt[lie ~ ~I~L[ ~[[0 ~l.~ ~S~p C0~ WA BREMERTON, WA 98337 KITSAP COUNTY TRERSURER EXCISE 11/14/2003 FiledpacificfOr RecordNorthwestat RequestTitleOf 2003£11066?s:: ~ ~ - \_ Total : $ I~3%' Clerk's ~nltial ___~ ......... E~ow Number: 31038825 - V37/ S tuto Warranty Deed ~rantor(s): JE~RY R. C~RK~ ~R~LY~ J. Grantee(s): CITY OF BR~ERTON Abbr~viat~dLegal: LOTS 1-8, 12 ~D 13, JENS JACOBSEN'S ADDN TO BREMERTON Addi6o~I legal(s) on page: 2 Assessor's Tax Parcel Number(s): 3756-000-001-0009 T~ GRA~OR JERRY R. C~RK and ~RILYN J. C~RK, husband and wife for ~d in co~iderafon of TEN DOLORS ~D OTHER GOOD ~D VALUABLE CONSIDE~TION inh~p~d, conv~ys and warrants to CITY OF BREMERTON, a Washington corporation · ~ following described real es~t~, situated in ~ ~ty of KITSAP , State of Was~ngton: BY THIS ~FB~NCB, LEGAL D~C~PTION IS ATTACHED HE.TO AS "EXHIBIT A" AND MADE A PART HE.OF. SUBJECT TO "EXHIBIT B" WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. Dated this 7th dayofNovember , 2003 MARILYN J. 'CIJkRKI STATE OF WASHINGTON } County of '7'~. L4 ~%6 bO fl } SS: I certify that I know or have satisfactory evidence that JERRY R. CLARK AND MARILYN J. CLARK are the person s who appeared before me, and said person s acknowledged that they signed this instrument and acknowledge it to be their free and voluntary act for the uses and purposes mentioned in this instrument. \o.{ ~.* SCR0 ~/// Dated: NOVEMBER ?- · C · ~OTARk ~ f ,,-e-.~ ~ : = ~ for the State HINGTON ~. Page ! LPB-iO Exhibit A LOTS 1, 2, 3, 4, 5, 6, 7 AND 13; AND ALSO LOT 8; EXCEPT THE WEST 3.5 FEET THEREOF; AND ALSO LOT 12; EXCEPT THE WEST 18 FEET THEREOF FOR ALLEY; AND ALSO THAT CERTAIN VACATED ALLEY LYING WEST OF LOTS 1 TO 7, INCLUSIVE; AND ALSO THE SOUTH HALF OF THAT CERTAIN VACATED ALLEY LYING TO THE NORTH OF LOT 8; EXCEPT THE WEST 3.5 FEET OF SAID LOT 8; AND ALSO THE NORTH HALF OF THAT CERTAIN VACATED ALLEY LYING TO THE SOUTH OF LOT 13; AND THE EAST 17.5 FEET OF LOT 12; ALL OF THE AFORESAID BEING IN .lENS JACOBSEN'S ADDITION TO BREMERTON, WASHINGTON ACCORDING TO PLAT RECORDED IN VOLUME 4 OF PLATS, PAGE 91, IN KITSAP COUNTY, WASHINGTON. p~CIFIC H~I TITLE DEED Exhibit B SUBJECT TO: Any easement or rights for installation and maintenance of utilities or ingress and egress acquired by any person, firm, corporation or the public in said vacated portions of alleys. Reservations of easement for any public utilities, including sewer and water lines, telephone and power cables, which may be under the surface of portion of vacated alley, provided by ordinance recorded under auditor's file no. 779525. Type of Document: DANGEROUS BUILDING CERTIFICATE Dated: NOVEMBER 10, 1997 Recorded: DECEMBER 3, 1997 Recording Number: 3055133 First Party: CONSOLIDATED DAIRY PRODUCTS CO. Second Party: CITY OF BREMERTON Initials: ~('~ ~ ~'~j 11/14/5083 18=37R PACIFIC NW TITLE DEED $~1.80 Ki~sap Co, 14A REAL ESTATE PURCHA~ AND SAI,K AGI~MENT Wl's'~t g~xRNF_~T MONEY PROVISION ~alX~fion, whose mailing address is 239 4th Street, Breme~lon, Washington 9833'/, ('Buyer~), and llautY it ca.~ and MAlnrLYN ~ CLARK, husband and ~ C'Setler~), for the sale and 1. PROPERTY. Th~ propmy, im~udi~ a~ ;~.,, o~ ~1 appur,.~m~ ~'~ s~ ~ ~ A~ ~ W~n~on ~aa? (t~ "~W'), and ~ ~,,o~rty ~ ~ desca-ibed in ~.xh ihtt A, attached ~ and incorporated herein by this rr, fe~e~oe. ~. KARN~ST MONE~. Received from Buyer, TwentyFive Thousand and No/100 ,housand and No/lO0 Dollars ($$50,000.00), including one h~,ndr~l tho,,ssnd ~ $100,000 role in e. omemplntion ofthe thre~ ofoondemnn~cm for purpoaea ofthe al~licnti°n °f-- -~O~m 1~3 ~ (a) (0 A l~ty Study ~ f~llows: PaI~ 1 t~7 m,m,,,llv ~ umm sn extension not ~o exceed 30 ~. S~ J .~ ~Y A~O~ l~S B~ A ~ ~ ~Y ON TO ~ PROP~ FOR ~ ~ OF CObUrG ~S ~~ S~Y ~G A ~ ~ ~ ~ ~SS~Y, A ~ ~O~ ~S~, ~-1~ ~.I. BE NO~ W A~ TO B~ CO~U~i~. ~ ~ ~ ~ of ~e ~ ~ ~ B~ ~ ~on~ d~~ ~by~~~ ~ ~ ~ ~ ~ a~ ~P~-~h 6 ~. ~ B~ ~ ~ ~ ~ ~m~ ~y ~d do~ (~,~ ~ ~ ~TA~ ~ ~ ~ A~ ~ -. P~2~7 and ~ and road easements of r~:nxL ff title cannot b~ made so insurable prior to the Closing called for herein, unica. Buyer oleots to waive such dofe~ts or enoumbrances, this a~-~eme~t ~h,l! 7. CLOSING COSTS AND PRO-RATIONS. The cos~ of e~crow ~h~l] be ~hsrod equally betweon Buyer and Seller. S~ller ~nl! pay for excias tax and revenue stumps. Taxes for the ~un~nt year, fonts, i~r~ va~r and other ~li~y cl~,as, ff any, ~h~! bo pro-rated as of dat~ of closing unloss · 8. CLOSING OF 'x'm~ S~V.~. WITH THE bl~IDt~AlqDING THAT ~ IS OF THE ESSENCE FOR THIS AGI~MENT, ~ sale ~h~l] close oil October 1, 2003 whicil ~h~l] also be ltm ~o~i~ation dar0 of fids al~em~ unless said closing 4~t~ is exlended in v~it~g by m~mt*! a~reemont all doonm.,,~,~ are executod and lira salo proceeds am av*i~.hl~ for disbursement to ltm Solior. In tim event p~a,~t to ~m~aph 4{c) above, the date of closing and the t~rnln~n dS~ ,h,~ both be ex~ended ~. Pri0r to closln~ S~ll~r slmll remove pe~onal l~.~[,ertY, equipm .ent, ang fixturas that sell~ ~ to ~ Upon ~lo~a any and all mmainin~ prepay (real or p~aal) in~l~ ~ 10. ' POSS'EILSlON. Buyer ,~ be ~ililed to poaae~ion on clovis. 11. ~,~.i'.R'S ~ATIONS. Seller represenls: (b) ~hst he/she has no kn0wled~ ~r notice from any Zovormncotal a~ency of lmY and will hold ~ Ci~ ofBremorton harmlass.from ssme. 12. ~m:~ .I.I~'S ENVIRO~AL R]I~RES]~ITATIONS. S~ller t~e. scnts ihat to the bes~ of his/her knowledge that he/she is not aware of exislence ot~ or has not caused or allowed to be existed as ~ ang/or pri0r to the closin~ a~ or any sct of omission occunin~ prior to the clc~-ng d~% the resutt of which may ~equi~ remedial action purpt~nt to any federal, stat~ of local law or may be the basis ~ ~ assertion of any third party ~lahns, illCinr]in~ ClslmA Of go~el'llm~llld onlili~. ~ l~OViSiOll shall sm'vive the closi~ and b~ in ~,tgltion to Seller's obligation for breach of a ~,,~,~n~ation ~ ~ as ILEAL I~STATB ~ A--ND SALE A~ . 13. DEI~AULT AND ATIORNEY*S lqr, F_,S. (a) Buyer's Default S~ TO Tf~ TERMS OF PARAGRAH 4 ABOVE. IF BUYER DEFAULTS I~-~L:~ONDEIL S~'~J3~PqS SOLE SI-LM.L BE LIMrl~ TO DAMAC-~S AGAINST PURCHASE IN THE LIQUIDATED AMOUNT OF THE EARNEST MONEY PREVIOUSLY PAID THE BUYER. BUYER AND ~.T.I:~R INTEND THAT SAID AIVIOUNT CONSTITWrEs LIQUIDA't'm3 DAMAGES: AND SO AS TO AvoID' OTW~ COSTS AND EXPENSES TO EITI~.P, PARTY IN CONNECIION V~lTl-I POTENTIAL LITIGATION ON ACCOUNT OF BUYERS' DI~FAULT. BUYER AND ~; .~. B~ .mTqE SAID AMOUNT TO BE A FAIR ESTIMATE OF ACTUAL DAMAGES. (b) 8dleds'De~ult. IF Sial .1.1~ DEFAL1LTS ~ER, BUYER SHALL HAVE ALL THE RI(HITS A_ND p, EMI~IES AVAILABLE AT LAW OR (¢) Attorney'a Fees ami Costs. In the evem of litigation to enforce any of the terms or provisions herein, each pa~yshall pay all its own costs and a~s f~es. ~,,~ laleof real esme. The Buyer makes NO WARRANTY OR. REP~ATION OF ~lui,,,~e~ ora pa~da~r U,,,~aio~, or lt~ i~ acaraiely r~__eas thai 1~,,~ ofthe State of cm at the 'i;~-,e you enter the asretmm~. THIS l(~l~tp_.p_.blHIqT HAS SI(~/~llyl~ AND FINANCIAL CONSEQUENCES AND YOU ARE ADVI~D TO CONSEQUENCF_.S. Ifyou do not --d,~aad the effect 0fany part, consult your Attom~before 15. NON-I~ ~:~.GER. The telms, co~h'ion~ and provisions of*M' Asreemem si~l not 16~ NOTICF~. AIl noti~s required or permim~l to be given l~retmder ~11 bein w£di~g (a) AIl noti~s to be given t0 Buyer shall be addressed as follows: Cra~ Sexwn City 239 Fourth Street Bre~erton, Washington 98337 REAL E~TATE PURCHASE AND SALE AGR~IElqT . Pa~e4 ~7 (b) All notices to b~ givem t° s~r ~aatl b° addre~ as f°ll°ws: 9636 Blo~ ~ ~ O~ WA 9850~ D~ed: ,-~ -~.~. (,. APPRO~4ED A~ TO FORM: Pa~6 ~f7 F~i4mrr A LEGAL DESCRIPTION Lots 1, 2, 3, 4, 5, 6, 7, and 13; m~8 also Lot 8; except tl~ west 3.5 f~t thereot~ and also Lot 12; ~s~pt thew~t 18 feet thexeoffor alley; and also that cextainv~e~ted alley lyingwest of Lots lto7, ~e; and also the south h~ofthat ~-~_~i- vac~tod ~ey lyi~ to the north of Lot $; e~mept the we~t 3.5 feet of saidLot 8; and also the north h~Wofth~t cert~ vacaf~d alley lyiI~ to the south of Lot 13; m~d the east 17.5 feet of Lot 12; all of the aforesaid berg in Jem ]a~bsen's fiddJ6on to Branexto~ W,~otonaccor~ng to Plat recorded inVoh~e. 4 ofl~_~t,. Page 91. inKitaap Coumy. REAL ESYATE PUR(3~ AI~ ~J~ AG~ ~,-~. ~/o~) Pag~7of7 POLICY OF TITLE INSURANCE ISSUED BY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, PACIFIC NORTHWEST TITLE INSURANCE COMPANY, INC., a Washington 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 tide; 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, Pacific Northwest Title Insurance Company, Inc. has caused this policy to be signed and sealed by its duly authorized officers as of the Date of Policy shown in Schedule A. ~ President~~ PACIFIC NORTI tWE,,ST TITLE Countersigned by: lnsurat¥.:e Ore, party, Inc. O PACIFIC NORTHWEST Tm.E Company Re. Box 3607', Silverdale WA 98383 City, State EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zonin9 laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the purcha, ser for value without knowledge. (a) created, suffered, assumed or agreed to by the insured claimant; not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under (c) resulting in no loss or damage to the insured claimant; 0-1093- 162088 ] ALTA OWNER'S ROLICY 10 17 92