HomeMy WebLinkAbout200312010151 CITY OF BREilEBTON DEED
Return Address: City Clerk
City of Bremerton
239 Fourth Street
Bremerton, WA 98337
KITSRP COUNTY TEERSURER EXCISE 12/01/~.'0~-'~
2003EX11209
To,cai : $27g?.80 Clerk's Inl~l .............
AUDITOPJRECORDER'S INDEXING FORM
Document Title(s): l. Statutory Warranty Deed of Roger
Reference Number(a) of Documents assigned or released:
Grantor(s): 1. Marcella Joyce Silkett-Ridge, individually and as Personal Representative of the estate
E. Silkett
2. Jack H. Ridge
~ Additional names on page of document.
Grantee(s): 1. CityofBremerton
[~ Additional names on page of document.
Legal Description: Lot(s) 11, Ex. N. 5 ft., Jens Jacobsen Addn. to Bremerton, Vol./Pg. 4/91
(abbreviated)
[] Additional legal is on page 2 of document.
Assessor's Property Tax Parcel/Account Number: 3756-000-011-0007
STATUTORY WARRANTY DEED
MARCELLA JOYCE SILKETT-RIDGE, individually and as Personal Representative of the
Estate of Roger E. Silkett and JACK H. RIDGE, (husband and wife) ("Grantors"), for and in
consideration of mutual benefits derived and/or other valuable consideration receipt of which is
hereby acknowledged by Grantors, conveys and warrants to the City of Bremerton, a Washington
municipal corporation ("Grantee"), for any and all municipal purposes, as Grantee the following
described real property situated in Kitsap County, State of Washington.
STATUTORY WARRANTY DEED (Individual) - Page 1 of 3
Lot(s) 11, Jens Jacobsen Addition to Bremerton, according to the
Plat recorded in Volume 4 of Plats, Page(s) 91, records of Kitsap
County, Washington;
EXCEPT the North 5 feet thereofi
GRANTORS:
I~.~RCELI~' J~OYCE SILKETT-RIDGE,
individually and as Personal Representative
of the Estate of Roger E. Silkett
DATE: /
J~.CK H. R1DGE
DATE:
STATE OF WASHINGTON )
COUNTY OF KITSAP )
Onthis ~,/ dayof_}'}~¢~oeF' ,2003,beforemeaNotaryPublicinandfortheStateof
Washington, personally appeared Marcella Joyce Silkett-Ridge to me known to be the individual and
Personal Representative of the Estate of Roger E. Silkett, that executed the foregoing instrument, and
acknowledged it to be her free and voluntary act for the uses and purposes mentioned in th/s instrument,
and on oath stated that she was authorized to execute said instrument.
IN W_~ ~,~ .WHEREOF, I have hereunto set.my hand and official seal the day
and ~ec[¢fi~t ~e~en. //
NOTARY PUBLIC, in and for the State
ofWash,n ton, res,d,ng
~ My appointment expires
STATUTORY WARRANTY DEED (Individual) - Page 2 of 3
STATE OF WASHINGTON )
) SS.
COUNTY OF KITSAP )
On this i ~,~- day of L)/°0 an,4~ er', 2003, before me a Notary Public in and for the State of
Washington, personally appeared Jack H. Ridge to me known to be the individual that executed the
foregoing instrument, and acknowledged it to be his free and voluntary act for the uses and purposes
mentioned in this instnnnent, and on oath stated that he was authorized to execute said instrument.
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day
and year~
//
~o3_ ..v& -~7 ,O'.' ~%¢'NOTARY PUBLIC, in and for the State
~O~'S'B'~ of Washington, residing at
'~' My appointment expires ~
APPROVED AS TO FOR/Vi:
ROGER A. LUBOVICH
City Attorney
R:\LEGAL\Files\Current Active Files\Ridge Real Estate Transaction\Statutory Warranty Deed.doc
i Page: 3 0£ 3
CITY OF BREMERTON BEE0 ~l.$f~ Kit. sap Co, g&
STATUTORY WARRANTY DEED (Individual) - Page 3 of 3
PLEASE TYPE OR PRINT RJ~AL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt
CHAPTER 82.45 RCW- CHAPTER 458-61 WAC when stamped by cashier.
F0R USE AT COUN]JfT REASUKER'S OFFICE
(Use Form No. 84-0001B for Reporting Transfers of Controlling Interest of Entity Ownership to the Depa,'lment of Revenue)
TItlS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS 1-7 ARE FULLY COMPLETED
Name Marcella Joyce Silkett-Ridge and Jack H. Ridge Name City of Bremerton --
Street NE 120 Pederson Drive
Street 239 Fourth Street
City/State/zip Belfair WA 98528 city/state/Zip B.~remerton WA 98337
ADDRESS TO SEND ALL PROPERTY TAX RELATED CORRESPONDENCE ALL TAX PARCEL NUMBERS C0 UNT-~'~'~-TREAS URER PLACE
ASSESSED VALUE IF TAX EXEMPT
Name Same as Grantee 3756-000-011-0007
Street
City/State/Zip
LEGAL DESCRIPTION OF PROPERTY SITUATED IN F1 UNINCORPORATED COUNTY III oR n~ crr¥ OF Bremerton
Street Address (if property is improved): 817 - 10th Street
Lot(s) 11, Jens Jacobsen Addition to Bremerton, according to the Plat recorded in Volume 4 of Plats, Page(s) 91, records of
Kitsap County, Washington; except the North 5 feet thereof.
i Is this properly currently: YES NO [] Description of personal property included in gross selling price, both
tangible (eg; furniture, equipment, etc.) or intangible (eg; goodwill,
Classified or designated as forest land? ~ ~ agreement not to compete, etc.)
Chapter 84.33 RCW
Classified as current use land (open space, farm ~
and agricultural, or timber)? Chapter 84.34 RCW
Exempt from property tax as a nonprofit ~ ~ If exemption claimed, list WAC number and explanation.
organization? Chapter 84.36 RCW
Seller's Exempt Reg. No. WAC No. (Sec/Sub)
Receiving special valuation as historic [] [] Explanation
property? Chapter 84.26 RCW
Property Type: D land only E~ land with new building
~ land with previously used building O land with mobile home Type of Document Statutory Warranty Deed
~ timber only E~ building only
Date of Document
Principal Use: [~ Apt. (4+ unit) I~ residential
~ timber ~ agricultural ~ commercial/industrial Gross Selling Price $. 101,000.00
~ other Personal Property (deduct) $.
I~(1) NOTICE OF CONTINUANCE (RCW 84.33 OR RCW 84.34) Taxable Selling Price $. 101,000.00
If the new owner(s) of land that is classified or designated as current use Excise Tax: State $ 1,797.80
or forest land wish to continue the classification or designation of such Local $.
land, the new owner(s) must sign below. If the new owner(s) do not desire Delinquent Interest: State $.
to continue such classification or designation, all compensating or
additional tax calculated pursuant m RCW 84.33.120 and 140 or RCW Local
84.34.108 shall be due and payable by the seller or transferor at the time Delinquent Penalty $.
of sale. The county assessor must determine if thc land transferred Total Due $ 1,797.80
qualifies to continue classification or designation and must so indicate
below. Signatures do not necessarily mean thc land will remain in A MINIMUM OF $2.00 IS DUE AS A PROCESSING FEE AND TAX.
classification or designation. If it no longer qualifies, it will be removed [] AFFIDAVIT
and the compensating taxes will be applied. All new owners must sign.
I Certify Under Penalty of Perjury Under Thc Laws of The State of
This land [] does [] does not qualify for continuance. Washington That Tije Foregoing I.s,T, mc ~.nd Correct. (Sec back of this
foam).
Date Si nature of
DEPUTY ASSESSOR Grantor/Age
(2) NOTICE OF COMPLIANCE (Chapter 84.26 RCW) M~rceila do~ce Si/kerr-Ridge and daok I-I. Ridge
If the new owner(s) of property with special vahiatiun as historic property Name (print)
wish to continue this special valuation the new owner(s) must sign below. Date and Place of Signing: [Irerrlel~/VA~,
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 ~ ~--~.~
and payable by the seller or transferor at the time of sale. Signature of
Grantee/Agent~
(3) OWNER(S) SIGNATURE Name (,print) Cary Bozeman, Mayor
Date & Place ofSiginng: Bremerton, WA
Perjury: Perjury is a class C felony which is punishable by imprisonment in the 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)).
REV 84 000la (3-18-99) (PD 4-05-00) FOR TREASURER'S USE ONLY []COUNTY TREASURER
[]DEPT. OF REVENUE
[]COUNTY ASSESSOR
CLOSING SETTLEMENT STATEMENT
Seller Marcella Joyce Silkett-Ridge Buyer City of Bremerton
Seller Jack H. Ridge Buyer
Property Address 817 l0TM Street
C I State WA 1Zip
~eller(s) Colum '¢~
la. Sales Price 101,000 I lb. Sales Price 101,000
2a. Down payment 0 2b. Down paTment I 0
3a. Balance 101,000 [ 3b. Balance ~ 101,000
4a.Ex enses 4b. Ex enses /
5a. Title Search 5b. Title Search I
6a. Recording Fees (10.50) 6b. Recording Fees [ 10.50
7a. Title Insurance (475.23) 7b.Title Insurance [
8a. Attorney Fees ] 8b. Attorney Fees
9a. Notary Fees ] 9b. Notary Fees
10a. Survey 1 Ob. Survey
1 la. Commission to 1 lb. Commission to
12a. Real Estate Excise (1,797.80) I 12b.
Tax
13a. Asbestos inspections (3,812.00) [ 13b. I
and removal
14a. 14b. I
15a. 15b. I
16a. 16b. I
17a. 17b. I
18a.
20a. Total Expenses (6,095.53) 20b. Total Expenses 10.50
2la. Balance Less Expenses 94,907.47 [ 2lb. Balance Plus I 101,010.50
22a. Other Adjustments ~ 22b. Other Adjustments
23a. County Tax Pro-ration 23b. County Tax Pro-ration
24a. City Tax Pro-ration 24b. City Tax Pro-ration
25a. Special Assessment 25b. Special Assessment I
Pro-ration Pro-ration
26a. 26b.
27a. 27b.
28a. ]28b.
29a.
30a. Total Adjustments ] 30b. Total Adjustments
3la. Balance due to Seller 94,904.47 3lb. Balance due from 101,010.50
32a. Total due from/to 94,904.47 32b. Total due from/to 101,010.50
Seller(s) Buyer(s)
I/we certify that the foregoing is tree and I/we certify that the foregoin is tree and
correct, correct.
l~arcella J~C~ Silkett-Ridge, ~ndiv~dually --
and as Personal Representative of the _
Estate of Roger E. Silkett, Seller Buyer
SSN: c~9.2 -d:~ ~,~? 3 By: Cary Bozeman, Mayor
Date: ~ ? O,~
Jack H. ~.idge, Seller
Date: iZ - t - ~3
FormW-9 Request for Taxpayer I Give form to the
(Rev. Ja.ua~ ~003~ Identification Number and Certification requester. Do not
Department o~ the Treasu~J send to the IRS.
Internal Rever~Je Se~ice
~ Name
~ Na~cella J. Silkett-Ridge
~- Business name, if different ~'om above
o
.~.._0 Individual/ r~Personal Rep · Of Exempt from backup
~- ~ Check appropriate box: [] Sole proprietor [] Corporation [] Partnership I~ Other ~.Es%..a~ce ......... [] v~thhoididg
oE
~ ~ Address (number, street, and apt. or suite no,) Requester's name and address (optional)
':-= NE 120 Pederson D]~ive C:il;y of B:eme]~t. on
D. O
,~ City, state, and ZiP code 239 Fourth S[]~eet
~ Be~'a±]~, WA 98528 B:erne~ton, WA 98337
0~ List account number(s) here [optional)
! Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. For individuals, this is your social security number (SSN). Social security number
However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructiorls on
page 3. For other entities, it is your employer identification number (EIN). If you do not have a number,
see How to get a TIN on page 3. or
to~heacc~un~s~nm~rethan~nename~see~hechat~npage4~rg~ide~nes~nwh~senumber enter. Emrlo~__er idrnt~catiin nimT I
~'~1! Certification
Under penalties of perjury, ~ certify that:
1. The number shown on this form is my correct taxpayer identification number 3r I an3 waiting for a number to be issued to me), and
2. I am not subject to backup withholding because: (a) I am exempt from backu ) withholding, or (b) I have not been notified by the internal
Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has
notified me that I am no longer subject to backup withbolding, and
3. I am a U.S. person (including a U.S. resident alien),
Certification instructions. You must cross out item 2 above if you have been notified by the iRS that you are currently sub~ect to backup
withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply.
For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement
arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must
provide your correct TIN, (See the instructions on page 4.)
Sign
I Signature of
Here
Purpose of Form/ ~/ Nonresident alien who becomes a resident alien.
Generally. only a nonresident alien individual may use the
A person who is required to file an information return with terms of a tax treaty to reduce or eliminate U.S. tax on
number (TIN) to rape[t, for example, income paid to you, real provision known as a "saving clause." Exceptions specified
estate transactions, mortgage interest you paid, acquisition in the saving clause may permit an exemption from tax to
or abandonment of secured property, cancellation of debf, or continue for certain types of income even after the recipient
contributions you made to an IRA. has otherwise become a U.S. resident alien for tax purposes.
U.S. person. Use Form W-9 only if you are a U.S. person If you are a U.S. resident alien who is relying on an
(including a residen'~ alien), to provide your correct TIN to the exception contained in the saving clause of a tax treaty to
person requesting it (the requester) and, when applicable, to: claim an exemption fTom U.S. tax on certain types of income,
1. Certif~ that the TIN you are giving is correct (or you are you must attach a statement that specifies the following five
waiting for a number to be issued}, items:
2. Certify that you are not sub~ect to backup withholding, 1. The treaty country. Generally, this must be the same
nonresident alien.
3. Claim exemptio[~ from backup withholding if you are a
U.S. exempt payee, 2. The treaty article addressing the income.
Note: If a requester gives you a form other than Form W-9 3. The article number (or Iocatioe) in the tax treaty that
to request .your TIN, ~vou must use the requester's form if it is contains the saving clause and its exceptions.
substantially similar to this Form W-9. 4. The type and amonnt of income that qualifies for the
Foreign person. If you are a foreign person, BSa the exemption from tax.
appropriate Form W-8 (see Pub. 515, Withhoiding of Tax on 5. Sufficient facts to justify the exemption from tax under
Nonresident Aliens and Foreign Entities). the terms of the treaty article.
CORRECTION STATEMENT AND AGREEMENT
In consideration of the closing of the sales transaction identified herein, Buyer(s) and
Seller(s) hereby agree as follows:
1. This agreement concerns the closing of a real estate transaction between Seller(s)
and Buyer(s) as evidenced by that certain Real Estate Purchase and Sale
Agreement dated //J ~ ~ J ~ Lz~ . a copy of which is attached hereto.
2. Seller(s) and/or Buyer(s) shall correct and/or replace any closing document at the
request of the other that contains an error, inaccuracy, or has been lost, destroyed,
or misplaced for any reason. A closing document shall be deemed to contain an
error or an inaccuracy if it fails to reflect the true or correct terms and conditions
of the closing or to conform to the Real Estate Purchase and Sale Agreement or
tree intentions of the parties. Examples include, but are not limited to, errors in
the legal descriptions, misspelled names, invalid acknowledgement, etc.
3. This agreement is made regardless of the reason of any loss, misplacement, or
inaccuracy in any closing document, if any.
4. "Correct or Replace" includes, but is not limited to, the execution,
acknowledgement, initialing and delivering to the other party any documentation
deemed necessary to replace or correct the lost, misplaced, misstated, or
inaccurate document(s). Closing documents include, but are not limited to,
closing statements, deeds, affidavits, contracts or other documents executed by
the parties in connection with the closing.
5. Buyer(s) and Seller(s) shall deliver the replacement documents within thirty (30)
days after receipt of a written request for corrective action under this agreemefit.
6. In the event the closing statement or funds transferred between the Buyer(s) and
the Seller(s) did not accurately reflect the agreement of the parties, Buyer(s) and
Seller(s) agree to provide additional amounts due or amount to be refunded.
7. If Buyer(s) or Seller(s) fail or refuse to execute, acknowledge, initial the
replacement documents or provide the additional documents or fees for more than
thirty (30) days after being requested to do so, Buyer(s) or Seller(s), whichever is
the refuser, agrees to be liable for any and all loss or damage which the other
reasonably sustains thereby including, but not limited to, all reasonable attorney's
fees and costs incurred to obtain the corrected or replacement documents.
1 of 2
8. This agreement shall survive the closing, inure to the benefit of the Buyer(s) and
Seller(s), their successors and assigns, and be binding upon the heirs, devisees,
personal representatives, successors and assigns of the parties.
BUYER: SELLERS:
C1TY OF BRE k~i-T~~
By: C~y ozVeZ, MaYor ~ ~J.'Sii~et/t-Rid~ge~'/~'~
Dated: 1~-'2¢'~170~ Dated: ~')~.,,j /
~ck H. Ridge
Dated: ] ~ *
APPROVED AS TO FORM:
By:
Roger A. Lu~ovich, City Attorney
2 of 2
REAL ESTATE PURCHASE AND SALE AGREEMENT
WITH EARNEST MONEY PROVISION
This contract controls the terms of the sale of real property.
(Please read carefully before signing.)
This Agreement is entered between the CITY OF BREMERTON, a Washington municipal
corporation, whose mailing address is 239 4th Street, Bremerton, Washington 98337, CBuyer"), and
Marcella and Jack Ridge, husband and wife, ("Seller"), for the sale and purchase of real property as
follows:
1. PROPERTY. The property, including all improvements and appurtenances situated
thereon, which Buyer agrees to buy and Seller agrees to sell, is commonly known to be located at
817 10* Street, Bremerton, Washington 98337 (the "Property"), and which Property is legally
described in Exhibit A, attached hereto and incorporated herein by this reference. A map indicating
the location of the Property is also attached as Exhibit B, incorporated herein by this reference.
(~,999.99) L~ t.~.~ ,%..,-':. cf ~ CLX' of ~rc..'~.~,cn ~.~.cck, ~ ~.'~ ..'-~n~y ~nd -~.~ ........ ch:on
3. PURCHASE PRICE. The total purchase price for the Property is One Hundred One
Thousand Dollars ($101,000.00) including earnest money, payable on closing.
4. CONTINGENCIES. This agreement is contingent upon:
(a) Acceptance of its terms by the Bremerton City Council.
(b) Buyers review and approval of the title report on the property prior to
Closing.
(c) Prior to vacating the property and prior to closin~ Seller removing all
personal property, equipment, and fixtures including but not limited to all
vehicles, furniture, and other itoms as identified in Exhibit C. Upon vacation
of the property by Seller and Seller's removal of the personal property,
equipment and fixtures, and based upon final inspection and approval by
Buyer of items removed by Seller as required herein, all remaining
improvements located on the property shall be removed by the Buyer and the
Buyer shall be responsible for the costs and expenses of demolition and/or
removal of any improvements, structures or buildings, except that Buyer wi~
be entitled to recover from Seller the coal and expense of any required
removal of underground storage tanks or costs of abatement related to
asbestos or other hazardous substances, as l~rovided in subparagraph (vO.
(d)Buyer's shall have until November 17, 2003 to provide Seller with the cost of
REAL ESTATE PURCHASE AND SALE AGREEMENT
Pagelof7-f~J'~-'"~ c7~ ~jt, f. ~/.J.~,Lj~c~' ' ,,y .~,~/ /[~ ~,~' C/c~:~
removal of underground storage tanks or of abatement costs related to
asbestos or other hazardous substances. Seller shall provide reasonable
access to the property to determine those costs. Seller shall have tmtil
November 21, 2003 to accept those costs which shall be deducted fi.om the
purchase price of the property.
Should any of these contingencies not be met prior to closing, and Buyer desires to terminate
this Agreement, then Buyer must deliver written notice to Seller stating the Buyer desires to terminate
this Agreement. If Buyer fails to deliver the Termination Notice so that it is received by Seller on or
before 5:00 p.m. December 1, 2003, then Purchaser shall be deemed to have waived all Contingencies
and to have elected to proceed with this Agreement. If Buyer either fails to deliver such a notice to
Seller by the prescribed time or notifies Seller in writing that it waives all Contingencies, the Earnest
Money (as defined below) will become the property of Seller, will be non-refundable to Buyer, and
will apply as a credit toward the Purchase Price at the Closing. If Purchaser gives Seller a timely
Termination Notice, then this Agreement shall terminate, in which event the Earnest Money shall be
returned to Buyer as Buyers sole remedy and neither Seller or Buyer shall have any further rights,
duties or obligations, except for any liabilities, rights, duties or obligations that expressly survive this
Agreement.
5. CONVEYANCE AND CONDITION OF TITLE. The title to the real propet~y
shall be conveyed by Seller to Buyer at dosing by Statutory Warranty Deed, free and clear of all liens,
encumbrances or defects except those described in Paragraph 6 below.
6. TITLE INSURANCE. At Closing, Seller shall cause Land Title Company of Kitaap
County, whose address and telephone number is 801 6* Street, Bremerton, Wa. 98337, 360-377-
9500, to issue a standard form owner's policy of title insurance to Buyer in an amount equal to the
total purchase price of the Real Property, and insuring the Real Property being discharged by Seller
shall be paid from Seller's funds at Closing. For purposes of this Agreement, the following shall not
be deemed encumbrances or defects: rights reserved and federal patents or state deeds; building or
use restrictions consistent with current zoning, and utility and road easements of record. If title
cannot be made so insurable prior to the Closing date called for herein this agreement shall terminal_.,
unless Buyer elects to waive such defects or encumbrances.
7. CLOSING COSTS AND PRO-RATIONS. The cost of escrow shall be shared
equally between Buyer and Seller, except those fees which are expressly limited by Federal Regulation
and Seller shall pay for excise tax and revenue stamps. Taxes for the current year, rents, interest,
Association, Condominium and/or Homeowner's fees, water and other utility charges, if any, shall be
pro-rated as of date of closing unless otherwise agreed.
8. CLOSING OF ~ SALE. WITH THE UNDERSTANDING THAT TIME IS OF
THE ESSENCE FOR THIS AGREEMENT, this sale shall close on or before December 1, 2003
which shall also be the termination date of this agreement unless said closing date is extended in
mg by mutual agreement of the pames ............... -'. · .... ,J .....F~7;o, ..... r~.-.~t
REAL ESTATE PURCHASE AND SALE AGREEMENT -
Page 2 of 7 iM ~ ~...J ~- ' - ~,1~
-ag~,m~t. Closing, for the purpose of this agreement, is defined as the date that all documents are
executed and the sale proceeds are available for disbursement to the Seller.
9. CASUALTY 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 the Buyer,
shall become null and void.
10, POSSESSION. Buyer shall be entitled to possession on closing.
11. SELLER'S REPRESENTATIONS. Seller represents:
(a) that he/she will maintain the property in present or better condition until time
of agreed possession,
(b) that he/she has no knowledge or notice fi.om any governmental agency of any
violation of laws relating to the subject properly except:.
(c) that the property will not be encumbered by any leases at the date of closing.
12. SELLER'S ENVIRONMENTAL REPRESENTATIONS. Seller represeota that
to the best of his/her knowledge that he/she is not aware of existence of, or has caused or allowed to
be caused, any environment condition (including, without limitation, a spill, discharge or
contamination) that existed as of and/or prior to the closing date or any act of omission occurring
prior to the closing date, the result of which may require remedial action pursuant to any federal, state
or local law or may be the basis for the assertion of any third party claims, including claims of
governmental entities. This provision shall survive the closing and be in addition to Seller's obli~fion
for breach of a representation or warranty as may be set forth herein.
13. SELLER'S INDEMNITIES: Seller agrees to indemnify and hold harmless the
Buyer, against and in respect of, any and all damages, claims, losses, liabilities, judgments, demands,
fees, obligations, assessments, and expenses and costs, including, without limitation, reasonable lega~
accounting, consulting, engineering and other expenses which may be imposed upon or incurred by
Buyer, or asserted against Buyer, by any other party or parties (including, without limitation, a
governmental entity), arising out of or in connection with any environmental condition existing as of
and/or prior to the closing date, including the exposure of any person to any such environmental
condition, regardless of whether such environmental condition or exposure resulted from activities of
Seller or Seller's predecessors in interest.
This indemnity shall survive the closing and be in addition to Seller's obligation for breact~ ora
representation or warranty as may be set forth herein.
14. DEFAULT AND ATTORNEY'S FEES.
(a) Buyer*s DefauiL IF BUYER DEFAULTS HEREUNDER, SELLER'S
SOLE REMEDY SHALL BE LIMITED TO DAMAGES AGAINST
REAL ESTATE PURCHASE AND SALE AGREEMENT
Page 3 of 7
PURCHASE IN THE LIQUIDATED AMOUNT OF THE EARNEST
MONEY PREVIOUSLY PAID THE BUYER. BUYER AND SEI.I.I~.R
INTEND THAT SAID AMOUNT CONSTITUTES LIQUIDATED
DAMAGES: AND SO AS TO AVOID OTHER COSTS AND EXPENSES
TO EITHER PARTY IN CONNECTION WITH POTENTIAL
LITIGATION ON ACCOUNT OF BUYERS' DEFAULT. BUYER AND
SELLER BELIEVE SAID AMOUNT TO BE A FAIR ESTIMATE OF
ACTUAL DAMAGES.
(b) Seller's Defanlt. ~ SELLER DEFAULTS HEREUNDER, BUYER SHALL
HAVE AIJ. THE RIGHTS AND REMEDIES AVAILABLE AT LAW OR
IN EQUITY.
(c) Attorney's Fees and Costs. In the event of litigation to enforce any of the
terms or provisions herein, each party shall pay all its own costs and attorney's
fees.
15. NOTICE TO SELLER. This form contains provisions for an agreement for the
purchase and sale ofreai estate. The Buyer makes NO WARRANTY OR REPRESENTATION OF
ANY KIND that this form, or any of its provisions, is intended to meet the factual and legal
requirements of a particular transaction, or that it accurately reflects that laws of the State of
Washington at the time you enter the agreement. THIS AGREEMENT HAS SIGNIFICANT
LEGAL AND FINANCIAL CONSEQUENCES AND YOU ARE ADVISED TO SEEK
INDEPENDENT LEGAL AND FINANCIAL COUNSEL REGARDING THESE
CONSEQUENCES. If you do not understand the effect of any part, consult your Attorney before
signing.
16. NON-MERGER, The terms, conditions, and provisions of this Agreement shall not
be deemed merged into the deed, and shall survive the Closing and continue in full force and effect.
17. NOTICES. All notices required or permitted to be given hexeunder shall be in writing
and shall be sent U.S. certified mail, return receipt requested, or by facsimile transmission addressed
as set forth below:
(a) All notices to be given to Buyer shall be addressed as follows:
Kathleen McCluskey
Administrative Services Director
City of Bremerton
239 Fourth Street
Bremerton, Washington 98337
(b) All notices to be given to Seller shall be addressed as follows:
Marcella Ridge
NE 120 Pederson Dr.
Belfair, WA. 98528
REAL ESTATE PURCHASE AND SALE AGREEMENT
Page 4 of 7
Either party hereto may, by written notice to the other, designate such other address
for the giving of notices as being necessary. All notices shall be deemed given on the day such notice
is personally served, or on the date of the facsimile transmission, or on the third day following the day
such notice is mailed in accordance with this paragraph.
18. ENTIRE AGREEMENT AND MODIFICATION. This agreement, including all
incorporated exhibits, constitutes the full undemanding between seller and buyer. There have been
no verbal or other agreements that modify this agreement. This Agreement may only be modified by
mutual written agreement of the parties.
19. BINDING EFFECT AND SURVIVAL. This Agreement shall be binding upon
parties hereto and their respective heirs, successors and assigns; and the terms, conditions and
provisions of this Agreement shall survive the closing of this transaction.
20. DATE OF MUTUAL ACCEPTANCE. For the purposes of this Agreement, the
date of mutual acceptance of this Agreement shall be the last date on which the parties to this
Agreement have executed this Agreement as indicated below.
21. EXPIRATION OF OFFER. Buyer shall have only until 5:00 p.m. on Friday
October 24, 2003_ to accept the purchase and sale agreement as written, by delivering a signed copy
thereof to the Buyer or the Buyer's agent. If Seller does not so deliver a signed copy within said
period, this agreement shall lapse and aH right of the parties hereunder shall terminate.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set
forth below.
BUYER: SELLERS:
THE CIT .Y/QI~ BREI~-~:P'_ MARCELLA AND JACK RIDGE
By: ~-~ By:~
Cary Bozeman, Mayor Marce~a tnmue __ ~., .
By: ~ ~: Jack,age /
Roger Lubovich, City Att~omey Dated: [ {9 - Z 3 - O~
Dated: // /7~/d g
REAL ESTATE PURCHASE AND SALE AGREEMENT
Page 5 of 7
EXHIRIT A
LEGAL DESCRIPTION
Tax Description
Tax Account No. . Process No. Situs Address
~756-000-011-0007 1[1445253 Il
JACOBSEN'S, JENS, ADDN
BLK 000 LOT 11 EX N 5FT
REAL ESTATE PURCHASE AND SALE AGREEMENT
Page 6 of 8
EXHTR1T B
LOCATION OF PROPERTY
REAL ESTATE PURCHASE AND SALE AGREEMENT
Page 7 of 8
EXHIBIT C
LIST OF PROPERTY TO BE REMOVED
REAL ESTATE PURCHASE AND SALE AGREEMENT
Page 8 of 8
Salvage List for 817 - 817A - 817B
If places are demolished
#1 817
Stove
Refrigerator
Washer/Dryer
Stove Hood
All Kitchen Cabinets and Cupboards
Shower Door Carpets
Windows
Attic Ladder
Curtains and rods
#2 817A
Stove
Refrigerator
Washer/Dryer
Stove Hood
Upper Kitchen Cupboards
Carpets
Gas Heater
Hot water heater
Windows
Light Fixtures
Curtains and rods
#3 817B
Stove
Refrigerator
Washer/Dryer
All Kitchen Cabinets and Cupboards
Lig[lt .Fixtures
Cur~ins and rods
Stove hood
NAME AFFIDAVIT
I, the undersigned, MARCELLA JOYCE SILKETT-RIDGE, hereby certify that I am the
same person as Marcella J. Ridge, Marcella J. Silkett-Ridge, and Marcella Joyce Ridge.
,277~~ ~/d~'T'./~.~_ Date: ~,7~.~/, ~,.~
MARCELL~J~YCE ~IL~TT-K~Gff
Individually ~d as Personal Represemative
Of the Estate of Roger E. Silkett
STATE OF WASH~GTON )
CO~TY OF KITS~ )
On this ~ day of D~cember, 2003, before me a Notaw Public in ~d for the
State of Washington, p~rsonally appe~ed Marcella Joyce Silkett-Ridg¢, to me ~own to be
the individual that executed the foregoing ins~ment, and ac~owl~dged it to be her free
~d voluntary act for ~e uses and pu~oses mentioned in this instrument, and on oath
stated that she was authorized to execute said instrument.
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day
and year first above written. /J
IC, in and for the State
of Washington, residing at ~d°h1~'~~ i/kJ J~
My appointment expires. 5- AD -~. I'D'~
We, Marcella Joyce Silkett-Ridge and Jack H. Ridge, hereby agree that the cost of
abatement relating to the sale of 8 1 7 - i 0th Street, Bremerton, Washington and shall not
be a basis for renegotiation of the sale.
Marcella J45yce Silkett-Ridge
Individually and as Personal
Representative of the Estate of
Roger E. Silkett
Date: ~r.-~ / ~:9~,~
(~a~k H. Ridge, individually
Date: 17-- / - OS
REAL ESTATE PURCHASE AND SALE AGREEMENT
WITH EARNEST MONEY PROVISION
This contract comrols the terms of the sale of real property.
(Please read carefully before si~nin~.}
This Agreement is entered between the CITY OF BREMERTON, a Washington municipal
corporation, whose mailing address is 239 4th Street, Bremerton, Washington 98337, ("Buyer"), and
Marcella and Jack Ridge, husband and wife, ("Seller"), for the sale and purchase of real property as
follows:
1. PROPERTY. The property, including all improvements and appurtenances situated
thereon, which Buyer agrees to buy and Seller agrees to sell, is commonly known to be located at
817 l0~ Street, Bremerton, Washington 98337 (the "Property"), and which Property is legally
described in Exhibit A, attached hereto and incorporated herein by this refereace. A map indicating
the location of the Property is also attached as Exhibit B, incorporated herein by this reference.
3. PURCHASE PRICE. The total purchase price for the Property is One Hundred One
Thousand Dollars ($101,000.00) including earnest money, payable on closing.
4. CONTINGENCIES. This agreement is contingent upon:
(a) Acceptance of its terms by the Bremerton City Council.
(b) Buyers review and approval of the title report on the property prior to
Closing.
(c) Prior to vacating the property and prior to closing, Seller removing all
personal property, equipment, and fixtures including but not limited to all
vehicles, furniture, and other items as identified in Exhibit C Upon vacation
of the property by Seller and Seller's removal of the personal property,
equipment and fixtures, and based upon final inspection and approval by
Buyer of items removed by Seller as required herein, all remaining
improvements located on the property shall be removed by the Buyer and the
Buyer shall be responsible for the costs and expenses of demolition and/or
removal of any improvements, structures or buildings, except that Buyer will
be entitled to recover from Seller the cost and expense of any required
removal of underground storage tanks or costs of abatement related to
asbestos or other hazardous substances, as provided in subparagraph (d).
(d) Buyer's shall have until November 17, 2003 to provide Seller with the cost of
REAL ESTATE PURCHASE AND SALE AGREEMENT
'
removal of underground storage tanks or of abatement costs related to
asbestos or other hazardous substances. Seller shall provide reasonable
access to the property to determine those costs. Seller shall have until
November 21, 2003 to accept those costs which shall be deducted from the
purchase price of the property.
Should any of these contingencies not be met prior to closing, and Buyer desires to terminate
this Agreement, then Buyer must deliver written notice to Seller stating the Buyer desires to temainate
this Agreement. If Buyer fails to deliver the Termination Notice so that it is received by Seller on or
before 5:00 p.m. December I, 2003, then Purchaser shall be deemed to have waived all Contingencies
and to have elected to proceed with this Agreemem. If Buyer either fails to deliver such a notice to
Seller by the prescribed time or notifies Seller in writing that it waives all Comingencies, the Earnest
Money (as defined below) will become the property of Seller, will be non-refundable to Buyer, and
will apply as a credit toward the Purchase Price at the Closing. If Purchaser gives Seller a timely
Termination Notice, then this Agreemem shall terminate, in which event the Earnest Money shall be
returned to Buyer as Buyers sole remedy and neither Seller or Buyer shall have any further rights,
duties or obligations, except for any liabilities, rights, duties or obligations that expressly survive this
Agreement.
5. CONVEYANCE AND CONDITION OF TITLE. The title to the real property
shah be conveyed by Seller to Buyer at closing by Statutory Warranty Deed, flee and clear ofallliens,
encumbrances or defects except those described in Paragraph 6 below.
6. TITLE INSURANCE. At Closing, Seller shall cause Land Title Company of Kitsap
County, whose address and telephone number is 801 6t~ Street, Bremerton, Wa. 98337, 360-377-
9500, to issue a standard form owner's policy of title insurance to Buyer in an amoum equal to the
total purchase price of the Real Property, and insuring the Real Property being discharged by Seller
shall be paid from Sellers funds at Closing. For purposes of this Agreement, the following shall not
be deemed encumbrances or defects: rights reserved and federal patents or state deeds; building or
use restrictions consistent with current zoning, and utility and road easements of record. If title
cannot be made so insurable prior to the Closing date called for herein this agreement shall terminate,
unless Buyer elects to waive such defects or encumbrances.
7. CLOSING COSTS AND PRO-RATIONS. The cost of escrow shall be shared
equally between Buyer and Seller, except those fees which are expressly limited by Federal Regulation
and Seller shall pay for excise tax and revenue stamps. Taxes for the currem year, rents, imerest,
Association, Condominium and/or Homeowner's fees, water and other utility charges, if any, shall be
pro-rated as of date of closing unless otherwise agreed.
8. CLOSING OF THE SALE. WITH THE UNDERSTANDING THAT TIME IS OF
THE ESSENCE FOR THIS AGREEMENT, this sale shall dose on or before December 1, 2003
which shall also be the termination date of this agreement unless said dosing date is extended in
writing by mutual agreement of the parties. V..~.:..n.':zt'iled, '..he ~:yer =:d/?~'.!'~;~ d~e'~.~.~k;ut
REAL ESTATE PURCHASE AND SALE AGREEMENT '~ ~,'/- ..~. ~'. , ""~.~ l
Page 2 of 7 ~'t K ~/d ~.- Ll~
~. Close, for ~e pu~ offs a~t, is d~
~t~ ~d ~ ~e pro~s ~ av~l~ for ~s~m~t to
9. CASE~ ~88. ~ prior to dos~ ~prov~mts on
d~stroy~ or ~t~y ~ by ~g or o~ ~, ~s ~t, at opfioa of thg Bu~,
s~ b~omg null ~ void.
10. POSSESSION. Buy~ s~ ~ ~ to pos~s~on on ~los~g
11. S~LLER'S ~P~SENTA~ONS. ~H~ redeems:
(a) ~t h~e ~ ~ the prop~ ~ pre~t or b~ ~Mifion ~R t~e
of a~ ~s~ssio~
(b) t~t h~she ~ no ~owl~ge or noti~ ~om ~y 8ov~ ~ of ~y
~o~on of~ws rela~ng to the subj~ pro~ ~t:,
(c) t~t ~e pro~ ~11 not ~ ~m~ by ~y 1~ at ~e ~te of clos~g
12. SELLER*S E~ON~NT~ ~P~SENTA~ONS. S~ r~r~
to the best off.er ~owl~ge that h~she is not aw~e of~stm~ of, or ~ ~ or ~ow~ to
~ ~, ~y m~o~t ~ndi~on (~clu~g, ~out ~mtio~ a sp~, &~h~ge or
~n~fion) t~t ~ ~ of ~or prior m ~e closing ~te or ~y
prior to the cios~g ~te, the reset ofw~ch ~y r~e r~ ~on p~t to ~f~
or 1~ law or ~y be the b~is for the ~on of ~y t~d p~ cl~s, ~lu~g clsms of
gove~m~ ~ies. ~s prolcon s~ ~ve ~e clos~ ~d ~ ~ ~&~on to ~s ob~o6on
for brach of a repre~tafion or w~ ~ ~y ~ ~ fo~h h~.
13. SELLER'S ~E~S: SeH~ ~ to &d~ ~d ~ld ~s ~e
Buyer, ~st ~d in r~ o~ ~y ~d ~ ~es, c~, los~, ~es, jud~, d~ds,
f~s, ob~gatiom, ~ents, ~d ~s ~d ~s, ~clu~ ~out ~o~ r~le
a~ ~n~t~ ~ ~d oth~ e~s w~ch ~y be ~po~ u~n or ~ by
Buy~, or ~ ~t Buy~, by ~ oth~ p~ or p~ (~clu~g, ~thout ~tatio~ a
gov~m~ mti~), ~s~g out of or in ~on ~ ~y m~o~ ~n&~on ~ ~ of
~or p~or to the clo~g date, ~clu~g ~e ~e of ~ p~son to ~ ~ch m~o~t~
~n&fio~ ~ ofwh~ ~ch ~ro~ent~ ~on or ~o~e r~t~
SeH~ or Sellers pr~s~rs in ~est.
~s ~d~ s~ ~ve the clo~ ~d ~ ~ ~&~on to SeH~s ob~ion f~ ~ of a
r~re~tafion or w~ ~ ~y ~ ~ fo~h
14. DEFA~T AND A~O~Y*S
(a) Buyer's ~ault W B~R DEFA~TS ~E~ S~L~R'S
SOLE ~DY S~L BE L~ TO D~GES AG~ST
~ ESTA~ P~C~SE ~ S~E AG~
P~e 3 of 7
Either party hereto may, by written notice to the other, designate such other address
for the giving of notices as being necessary. All notices shall be deemed given on the day such notice
is personally served, or on the date of the facsimile transmission, or on the third day following the day
such notice is mailed in accordance with this paragraph.
18. ENTIRE AGREEMENT AND MODIFICATION. This agreement, including ail
incorporated exhibits, constitutes the full understanding between seller and buyer. There have been
no verbal or other agreements that modify this agreement. This Agreement may only be modified by
mutual written agreement of the parties.
19. BINDING EFFECT AND SURVIVAL. This Agreement shall be binding upon
parties hereto and their respective heirs, successors and assigns; and the terms, conditions and
provisions of this Agreement shall survive the closing of this transaction.
20. DATE OF MUTUAL ACCEPTANCE. For the purposes of this Agreement, the
date of mutual acceptance of this Agreement shall be the last date on which the parties to this
Agreement have executed this Agreement as indicated below.
21. EXPIRATION OF OFFER. Buyer shall have only until 5:00 p.m. on Friday
October 24, 2003_ to accept the purchase and sale agreement as written, by delivering a signed copy
thereof to the Buyer or the Buyer's agent. If Seller does not so deliver a signed copy within said
period, this agreement shall lapse and all right of the parties hereunder shall terminate.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set
forth below.
BUYER: SELLERS:
THE CITY ~I~ BRE~ MARCELLA AND JACK RIDGE
By: By:~
Cary Bozeman, Mayor Marcega Ridge
By: ~ -'~ ~: Jack~dge '~ ·
Dated: [0- Z) -0.5
Roger Lubovic.h, C, ity Attpmey
Dated: ,//
REAL ESTATE PURCHASE AND SALE AGREEMENT
Page 5 0£7
E×Hmrr A
LEGAL DESCRIPTION
Tax Description
Tax Account No. Process No. Sims Address
~756-000-011-0007 1[1445253 I1 ~1'7
JACOBSEN'S, JENS, ADDN
BLK 000 LOT 11 EX N 5FT
REAL ESTATE PURCHASE AND SALE AGREEMENT
Page 6 of 8
EXRfBIT B
LOCATION OF PROPERTY
REAL ESTATE PURCHASE AND SALE AOREEMENT
Page 7 of 8
Salvage List for 817 - 817A - 817B
If places are demolished
#1 817
Stove
Refrigerator
Washer/Dryer
Stove Hood
All Kitchen Cabinets and Cupboards
Shower Door Carpets
Windows
Attic Ladder
Curtains and rods
#2 817A
Stove
Refrigerator
Washer/Dryer
Stove Hood
Upper Kitchen Cupboards
Carpets
Gas Heater
Hot water heater
Windows
Light Fixtures
Curtains and rods
#3 817B
Stove
Refrigerator
Washer/Dryer
All Kitchen Cabinets and Cupboards
Light.Fixtures
Curtains and rods
Stove hood
LAND TITLE COMPANY
LEADERSHIP · TRUST · COMMITMENT
Agent for Chicago Title Insurance Company
r~Title / Recording Dept.
AtlgllSt ll, 2004 9657 Levin Road NW #100 · P.O. Box 2737 · Silverdale, WA 98383
360.692.2233 Fax 360.692.2244
CITY OF BREMERTON
4TH STREET
BREMERTON
ATTN.' ~ ~/~ ZXD~J
Enclosed please find your final policy of title insurance in
regards to the following transaction:
Seller Name: RIDGE
Buyer Name: CITY OF BREMERTON
Our File No.: E-166017
Property Address:
Please call us if you have any questions regarding this policy.
For your convenience please use our "800" number. (800) 950-4321.
Thank you for allowing Land Title Company to serve you.
We appreciate your business!
, UG 1 3 200
La~dffitle Company of Kitsap County
Sil~erdale Title Office
KEEP THIS POLICY IN A SAFE PLACE
For fast service on future sales or loans on this property
present this letter to your realtor or lender.
Thank you, Land Title
801 6th Street 9657 Lcvin Rd. NW, St¢.! 10 19301 8~ Ave. NE, Stc. D 1140 Bethel Ave., Ste. 202
Bremerton, WA 98337 Silvcrdalc, WA 98383 Poulsbo, WA 98370 Port Orchard, WA 98366
360.377.9500 · Fax 360.377.9501 360.692.4033 · Fax 360.692.8669 360.779.7172 · Fax 360.779.1004 360.876.0450 · Fax 360.876.0574
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:
I. Title to the estate or interest described in Schedule A being vested other than as slated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability oftbe title;
4. Lack ora 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.
LANI) q I1 LE C()51q'ANY
OF KITSAP C()UNT~ CHICAGO TITLE INSURANCE COMPANY
EO. Box 2737
Sil¥crd~fle, W.,\ 98383