HomeMy WebLinkAbout200403110182 ~3/11,'2~4 11~35~
Return Address: CityOlerk BREMERTON CITY OF DEED ~08~ ~it.s,~p Co., IJA
City of Bremerton
239 Fourth Street
Bremerton, WA 98337
KITSI:IP COUNTY TREASURER EXCISE 05/11/2004
2004EX01936 ~_
Tot. al : $2.ee Clerk's lni~ ---
AUDITOPJRECORDER'S INDEXING FORM
Document Title(s): 1. StatlltoryWarranty Deed
Reference Number(s) of Documents assigned or released:
Grantor(s): l. CityofBremerton
~ Additional names onpage of document.
Grantee(s): 1. Global Investments Limited, Nominee
[] Additional names on page of document.
Legal Description: Lots 5 & 7, Blk 5, Ole Hanson's Navy Yard Addn.
(abbreviated)
[] Additional legal is on 2 of document.
Assessor's Property Tax Parcel/Account Number: 4546-005-005-0007 and 4546-005-007-0005
STATUTORY WARRANTY DEED
City of Bremerton, ("Grantor"), a Washington municipal corporation, for and in
consideration of mutual benefits derived and/or other valuable consideration receipt of which is
hereby acknowledged by Grantor, conveys and warrants to Global Investments Limited, a
Washington corporation, as Nominee ("Grantee"), the follo ~wing described real property situated in
Kitsap County, State of Washington.
Lots 5 and 7, Block 5, Ole Hanson's Navy Yard Addition, according
to Plat recorded in Volume 4 of Plats, Page 56, in Kitsap County,
Washington.
Subject to covenants, conditions, restrictions, reservations of rights, and easements of
STATUTORY WARRANTY DEED (Corporate) - Page 1 of 2
record, if any, affecting title, including those shown on any recorded plat or survey.
DATED this ~q day of /C/O~F'~ p) ,2004.
GRANTOR:
Its: Mayor
STATE OF WASHINGTON )
) SS.
COUNTY OF KITSAP )
Onthis (~,J3 dayof /~tg~'fl /~3 ,2004, beforemeaNotaryPublicinandforthe
State of Washington, personally appeared Cary Bozeman, to me known to be the Mayor of the City of
Bremerton, a Washington municipal corporation, that executed the foregoing instrument, and
acknowledged it to be the flee and voluntary act of said municipal corporation, for the uses and
purposes mentioned in this instrument, and on oath stated that he was authorized to execute said
instrument.
-Notary Seal Muxt Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day
and year first above written. [/
NOTARY PUBLIC, in and for the State co
of Washington, residing at~_'~r~o~to~, ~,J/~
My appointment expires, :~-SD-63'")
_.AI?~~S TO FORM:
ROGER
A.
L~OVICH, Ci~~
STA~TORY WA~NTY DEED (Co¢orate) - Page 2 of 2
PLEASE TYPE OR PRINT REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt
CHAPTER 82.45 RCW- CHAPTER 458-61 WAC when stamped by cashier.
FOR USEAT COUNTY T P.f~SURER' S OFEICE
(Use Form No. 84-000 lB for Reporting Transfers of Controlling Interest of Entity Ownership to the Department of Revenue)
THIS AFFIDAVIT VOLL NOT BE ACCEPTED UNLESS ALL AREAS 1~7 ARE FULLY COMPLETED
[] Name City of Bremerton [] Name Global Investments Limited, Nominee
Street 239 Fourth Street ~ < Street PO Box 5479
City/State/Zip Bremerton WA 98337 City/State/Zip Bremerton WA 98312
] ADDRESS TO SEND ALL PROPERTY TAX RELATED CORRESPONDENCE ALL TAX PARCEL NUMBERS PLACE
COUNTY
TILE ASU P,~ER
ASSESSED VALUE IF TAX EXEMPT
Name Same as Grantee 4546-005-005-0007
Street 4546-005-007-0005
CiDdState/Zip
I LEGAL DESCRIPTION OF PROPERTY SITUATED IN [] UNINCORPORATED COUNTY I OR IN CITY OF Bremerton
Street Address (if property is improved):
Lots 5 and 7, Block 5, O[e Hansen's Navy Yard Addition, according to Plat recroded in Volume 4 of Plats, Page 56, in Kitsap
County, Washington
Ils this property currently: YES NO [] Description of personal property included ~n 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 fi.om proper~ tax as a nonprofit ~ W If exemption claimed, list WAC number and explanation.
organization? Chapter 84.36 RCW WAC No. (Sec/Sub) 458-61-420(1 )
Seller's Exempt Reg. No.
Receiving special valuation as historic ~ ~ Explanation Transfer from a municipal corporation
property? Chapter 84.26 RCW
Property Typo: ~ land only [] land with new building
[] land with previously used building r-I land with mobile home Type of Document Statutory Warranty Deed
~ timber only D building only Date of Document
Principal Use: [] Apt. (4+ unit) [] residential
~ timber [] agricultural O commercial/industrial Gross Selling Price $ 41,000.00
[] other Personal Property (deduct) $ 0.00
~l(1) NOTICE OF CONTINUANCE (RCW 84.33 OR RCW 84.34)
Taxable
Selling
Price
$
0.00
If the new owner(s) of land that is classified or designated as current use Excise Tax: State $ 0.00
or forest land wish to continue the classification or designation of such Local $ 0.00
land, the new owner(s) must sign below. If the new owner(s) do not desire Delinquent Interest: State $ 0.00
to continue such classification or designation, all compensating or
additional tax calculated pursuant to RCW 84.33.120 and 140 or RCW Local $ 0.00
84.34.108 shall be due and payable by the seller or transferor at the time Delinquent Penalty $ 0.00
of sale. The county assessor must determine if the land transferred Total Due $ 2.00
qualifies to continue classification or designation and must so indicate
below. Signatures do not necessarily mean the 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 The Laws of The State of
This land [] does [] does not qualify for continuance. Washington T~aat The Foregoing Is Trae~ Co~.,~t~ (See back of this
form). ~ ~"-~
Date Signature of ~
DEPUTY ASSESSOR
Grantor/Agent'-'-~ - - {
(2) NOTICE OF COMPLIANCE (Chapter 84.26 RCW)
If the new owner(s) of property with special valuation as historic property Name (print) Gary Bozeman, Mayor
wish to continue this special valuation the new owner(s) must sign below. Date and Place of Si~ingx ~ / ~/,04 Breme~on, WA
If the new owner(s) do not desire to continue such special valuation, all
additional tax calculated pursuant to Chapter 84.26 RCW, shall be due Signature o~~--.~ ~.~/~/~
andpayablebythesellerortransferoratthctimeofsale. Grantee/Ageilt-.. / / /7,.. /
(3) OWNER(S)SIGNATURE Name(print) Paul'~/~i, [~.q~fi{/~///
/ Bremerton, WA
Perjury: Perjury is a class C felony which is punishable by imprisonment in the state correchonal 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
REV 84 000la (3-18-99) (PD 4-05-00) FOR TREASURER'S USE ONLY []COUNTY TREASURER
[]DEPT. OF REVENUE
[]COUNTY ASSESSOR
[]TAXPAYER
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 Earnest Money Receipt and Sale
Agreement dated February 17, 2004, 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
true 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 agreement.
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:
GLOBAL INVESTMENTS LIMITED, CITY OF BREMERTON
Nominee ~
Dated: ¢/~///t~' z~ Dated:
APPROVED AS TO FORM:
R:~LEGAI \files\Current Active Files\Oyster Bay Lots\Correction Agreement.doc
2 of 2
EARNEST MONEY RECEIPT
AND SALE AGREEMENT
This Agreement is hereby made and entered into on the date fully executed below, by and
between CITY OF BREMERTON, hereinafter referred to as "Seller" and GLOBAL
INVESTMENTS LIMITED, a Washington corporation, hereinafter referred to as "Purchaser".
Purchaser shall, within 5 days of the date of this Agreement, deposit the sum o£ $1,000.00 in
escrow with the City of Bremerton.
Seller hereby agrees to sell and Purchaser hereby agrees to purchase that certain real
property commonly known as Lot 5 and Lot 7 of Block 5 of Ole Hanson's Navy Yard Addition,
City of Bremerton, Kitsap County, Washington; tax parcel nos. 4546-005-005-0007 and 4546-005-
007-0005.
1. Purchase Price: The purchase price shall be Forty One Thousand and no/100 Dollars
($4l ,000.00).
2. Payment of Purchase Price: The total purchase price shall be paid as follows:
a. One Thousand and no/100 Dollars ($1,000.00) in the form of earnest money.
b. Forty Thousand and no/100 Dollars ($40,000.00) in cash at the time of
closing.
3. Contingencies:
a. The obligation of the Purchaser to purchase the real property is contingent upon
and subject to the following conditions:
i. Purchaser to make inspections and investigations concerning the
property, including but not limited to a survey, which cost shall be paid
solely by the Purchaser.
In the event these contingencies cannot be satisfied within 30 days from the date of this
Agreement, or approval by the City Council, whichever is later, the Purchaser shall have the right to
cancel this Agreement and all earnest money shall be refunded to the Purchaser. Provided,
however, that all of these conditions are for the benefit of the Purchaser and may be waived in
writing by the Purchaser.
b. The obligation of the Seller to sell the real property is contingent upon and
subject to the following conditions:
i. City Council approval of this agreement within 60 days from the date of
this agreement.
4. Cooperation: The Seller shall cooperate with the Purchaser regarding all aspects of this
Agreement.
20280-166, ted Page 1
Rev 12-3-03
5. Inspections and Tests: The Purchaser shall have the right to enter upon the property,
make inspections, conduct engineering studies, perform surveys, conduct tests and analyze the
property in order to determine its suitability for the needs of the Purchaser.
6. Title: The title to the property shall be fr~e and clear of all encumbrances or defects at
closing except those specifically approved in writing by the Purchaser. For purposes o£ 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. Additionally, Purchaser agrees to execute and record
against the property at closing an odor easement for the benefit of the Seller in substantially the
same form as attached hereto as Exhibit "A". The payment of any encumbrances and assessments
may be made from the funds available at closing.
7. Title Insurance: The Seller shall deliver to the Purchaser a commitment for title
insurance from the PACIFIC NORTHWEST TITLE within fifteen (15) days of the date of
acceptance of this Earnest Money Receipt and Sale Agreement by Seller. The commitment for title
insurance shall be for a standard form purchaser's policy of title insurance. The title policy to be
issued at the time of closing shall contain no exceptions other than those provided for in said
standard £onn and those specifically approved in writing by the Purchaser. If title is not so
insurable and cannot be made so insurable as of the date of closing, this transaction shall terminate
and the earnest money shall be refunded to the Purchaser. Provided, however, that the Purchaser
may waive any defects in title and elect to purchase.
8. Conveyance: Title shall be conveyed by Statuto~ Warranty Deed containing no
exceptions except those as noted in Section 6 above and except those specifically approved in
writing by the Purchaser.
9. Closing: This transaction shall be closed in the Bremer~on City Attorney's O~ce. The
date of closing shall be no later than 60 days from approval by the City Council. Prior to closing
the Seller and the Purchaser shall deposit in escrow with the closing agent all instructions,
instruments and monies necessary to close th~s transaction. The real property taxes shall be
prorated as of the date of closing. The Seller shall pay the title insurance premium, excise tax, and
its recording fees. The Purchaser shall pay its recording fees.
10. Possession: The Purchaser shall be entitled to possession on the date o£closing.
11. Default: In the event of any default by the Seller, the earnest money shall be refunded
to the Purchaser unless the Purchaser elects to institute suit to enforce this Agreement, in which
case the earnest money shall be held in the Registry of the court pending resolution of the suit. In
the event of any default by the Purchaser, the Seller shall retain the earnest money deposited
herewith as liquidated damages. Said forfeited earnest money shall be the sole remedy of the Seller
and the Seller shall make no fu~her claim or seek any further relief against the Purchaser.
12. Binding Effect: This Agreement shall be binding upon and inure to the benefit of the
heirs, executors, successors and assigns o£ the parties hereto. Provided, however, that this
Agreement shall not be assignable by either party without the express prior written consent of the
20280-166, ted Page 2
Rev. ~2-3-03
other party which shall not be unreasonably withheld. Each party warrants that it has the authority
to enter into this Agreement and said Agreement to be binding on the respective party.
13. Notices: Any and all notices between the parties hereto shall be in writing and shall be
sent by certified mail, return receipt requested or personally delivered.
14. Governing Law: This Agreement shall be govemed and applied in accordance with
the laws of the State of Washington.
15. Jurisdiction and Venue: In the event any lawsuit shall be brought in connection with
this Agreement, the parties hereto hereby agree that jurisdiction and venue of such lawsuit shall
properly lie in Kitsap County, Washington.
16. Attorney Fees and Court Costs: In the event any lawsuit is instituted in connection
with this Agreement, the prevailing party shall be entitled to judgment for its reasonable attorney
fees and costs as determined by the court at both the trial and appellate levels.
17. Time: Time is expressly made of the essence of this Agreement.
18. Entire Agreement: This Agreement constitutes the entire understanding of the parties
with respect to the property. There are no verbal or other arrangements which modify or affect this
Agreement.
19. Titles: The titles used on the paragraphs in this Agreement are for information
purposes only·
20. Absence of Commissions: Each party represents and warrants to the other party that
there are no real estate commissions payable in connection with this transaction.
21. Offer to Purchase: The Purchaser hereby offers to purchase the property on the terms
and conditions stated herein. This offer is made subject to the approval of the Seller by midnight of
· In the event that the Seller does not accept this offer
within the aforementioned time, this transaction shall be null and void and of no force or effect
whatsoever.
DATED: ~7--~'Z~ /~ ,2003.
PURCHASER:
Piiul~ooki,~e~id_~nt(''-)~,~/~ '~'
Address: P/O~ Box_54-~
., ii Br re?ton, W'- A 98312
Phone: ' ~' (360) 265-0391
20280-166, ted Page 3
Rev. 12-3-03
The Seller hereby agrees to sell the property on the terms specified herein.
DATED: '~b~, ('~ ,./j ~-) ,2003: ZIOO q
SELLER;
By: Cary Bozeman
Title: Mayor
Address: 239 Fourth Street
Bremerton, WA 98337
Phone: (360) 473-5345
RSLEGAL~Files\Current Active Files\Oyster Bay Lots~Eamest Money-final2.doc
20280-166, ted Page 4
Rev 12-3-03
Return Address: City Clerk
City of Bremerton
239 Fourth Street
Bremerton, WA 98337
AUDITOR/RECORDER'S INDEXING FORM
Document Title(s): 1. Odor Easement
Reference Number(s) of Documents assigned or released: N/A
Grantor(s): 1.
[] Additional names on page of document.
Grantee{e}: 1. The City ofBremerton
[] Additional names on page of document.
I.egal Description:
abbreviated)
[] Additional legal is on page of document.
Assessor's Property Tax Parcel/Account Number:
Project Name:
ODOR EASEMENT
(Corporate)
THIS INSTRUMENT made this day of ., 200 , by and between
(hereinafter "Grantor") and the CITY OF
BREMERTON, a Washington municipal corporation of Kitsap County, State of Washington
(hereinafter "Grantee").
WITNESSETH that Grantor for and in consideration of mutual benefits derived and/or other
valuable consideration, receipt of which is hereby acknowledged by Grantor, do by these presents grant,
bargain, sell, convey, and confirm forever unto Grantee, its successors and/or assigns, an odor easement
for air emissions from the Wastewater Treatment Plant on or over the following described property
situated in Kitsap County, Washington, more particularly described as follows:
SEE EXHIBIT .... ATTACHED
ODOR EASEMENT (Corporate) - Page I of 2
EXHIBIT A
This easement shall be a covenant running with the land, and shall bind Grantor's successors and
assigns and all future owners of the real property affected by this easement.
GRANTOR:
By:
Its:
DATE:
STATE OF WASHINGTON )
COUNTY OF KITSAP )
On this. day of ,200 , before me a Notary Public in and for the State
of Washington, personally appeared to me known to be the
of , a
corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act and
deed of the corporation, for the uses and purposes mentioned in this instrument, and on oath stated that
he/she/they was/were authorized to execute said instrument.
-Notary Seal Must Appear g/ith~n This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal
the day and year first above written.
NOTARY PUBLIC, in and for the State
of Wash/ngton, residing at
My appointment expires
APPROVED AS TO FORM:
ROGER A. LUBOVICH
City Attorney
ODOR EASEMENT (Corporate) - Page 2 of 2
EXHIBIT A
EARNEST MONEY RECEIPT
AND SALE AGREEMENT
This Agreement is hereby made and entered into on the date fully executed below, by and
between CITY OF BREMERTON, hereinafter referred to as "Seller" and GLOBAL
INVESTMENTS LIMITED, a Washington corporation, hereinafter referred to as "Purchaser".
Purchaser shall, within 5 days of the date of this Agreement, deposit the sum of $1,000.00 in
escrow with the City of Bremerton.
Seller hereby agrees to sell and Purchaser hereby agrees to purchase that certain real
property commonly known as Lot 5 and Lot 7 of Block 5 of Ole Hanson's Navy Yard Addition,
City of Bremerton, Kitsap County, Washington; tax parcel nos. 4546-005-005-0007 and 4546-005-
007-0005.
1. Purchase Price: The purchase price shall be Forty One Thousand and no/100 Dollars
($41,000.00).
2. Payment of Purchase Price: The total purchase price shall be paid as follows:
a. One Thousand and no/100 Dollars ($1,000.00) in the form of eamest money.
b. Forty Thousand and no/100 Dollars ($40,000.00) in cash at the time of
closing.
3. Contingencies:
a. The obligation of the Purchaser to purchase the real property is contingent upon
and subject to the following conditions:
i. Purchaser to make inspections and investigations concerning the
property, including but not limited to a survey, which cost shall be paid
solely by the Purchaser.
In the event these contingencies cannot be satisfied within 30 days from the date of this
Agreement, or approval by the City Council, whichever is later, the Purchaser shall have the right to
cancel this Agreement and all earnest money shall be refunded to the Purchaser. Provided,
however, that all of these conditions are for the benefit of the Purchaser and may be waived in
writing by the Purchaser.
b. The obligation of the Seller to sell the real property is contingent upon and
subject to the following conditions:
i. City Council approval of this agreement within 60 days from the date of
this agreement.
4. Cooperation: The Seller shall cooperate with the Purchaser regarding all aspects of this
Agreement.
20280-166, ted Page 1
Rev 12-3-03
5. Inspections and Tests: The Purchaser shall have the right to enter upon the property,
make inspections, conduct engineering studies, perform surveys, conduct tests and analyze the
property in order to determine its suitability for the needs of the Purchaser.
6. Title: The title to the property shall be free and clear of all encumbrances or defects at
closing except those specifically approved in writing by the Purchaser. 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. Additionally, Purchaser agrees to execute and record
against the property at closing an odor easement for the benefit of the Seller in substantially the
same form as attached hereto as Exhibit "A". The payment of any encumbrances and assessments
may be made from the funds available at closing.
7. Title Insurance: The Seller shall deliver to the Purchaser a commitment for title
insurance from the PACIFIC NORTHWEST TITLE within fifteen (15) days of the date of
acceptance of this Earnest Money Receipt and Sale Agreement by Seller. The commitment for title
insurance shall be for a standard form purchaser's policy of title insurance. The title policy to be
issued at the time of closing shall contain no exceptions other than those provided for in said
standard form and those specifically approved in writing by the Purchaser. If title is not so
insurable and cannot be made so insurable as of the date of closing, this transaction shall terminate
and the earnest money shall be refunded to the Purchaser. Provided, however, that the Purchaser
may waive any defects in title and elect to purchase.
8. Conveyance: Title shall be conveyed by Statutory Warranty Deed containing no
exceptions except those as noted in Section 6 above and except those specifically approved in
writing by the Purchaser.
9. Closing: This transaction shall be closed in the Bremerton City Attorney's Office. The
date of closing shall be no later than 60 days from approval by the City Council. Prior to closing
the Seller and the Purchaser shall deposit in escrow with the closing agent all instructions,
instruments and monies necessary to close this transaction. The mai properly taxes shall be
prorated as of the date of closing. The Seller shall pay the title insurance premium, excise tax, and
its recording fees. The Purchaser shall pay its recording fees.
10. Possession: The Purchaser shall be entitled to possession on the date of closing.
11. Default: In the event of any default by the Seller, the eamest money shall be refunded
to the Purchaser unless the Purchaser elects to institute suit to enforce this Agreement, in which
case the eamest money shall be held in the Registry of the court pending resolution of the suit. I~
the event of any default by the Purchaser, the Seller shall retain the earnest money deposited
herewith as liquidated damages. Said forfeited earnest money shall be the sole remedy of the Seller
and the Seller shall make no further claim or seek any further relief against the Purchaser.
12. Binding Effect: This Agreement shall be binding upon and inure to the benefit of the
heirs, executors, successors and assigns of the parties hereto. Provided, however, that this
Agreement shall not be assignable by either party without the express prior written consent of the
20280-166, ted Page 2
R~v. 12-3-03
other party which shall not be unreasonably withheld. Each party warrants that it has the authority
to enter into this Agreement and said Agreement to be binding on the respective party.
13. Notices: Any and all notices between the parties hereto shall be in writing and shall be
sent by certified mail, return receipt requested or personally delivered.
14. Governing Law: This Agreement shall be governed and applied in accordance with
the laws of the State of Washington.
15. Jurisdiction and Venue: In the event any lawsuit shall be brought in connection with
this Agreement, the parties hereto hereby agree that jurisdiction and venue of such lawsuit shall
properly lie in Kitsap County, Washington.
16. Attorney Fees and Court Costs: In the event any lawsuit is instituted in connection
with this Agreement, the prevailing party shall be entitled to judgment for its reasonable attomey
fees and costs as determined by the court at both the trial and appellate levels.
17. Time: Time is expressly made of the essence of this Agreement.
18. Entire Agreement: This Agreement constitutes the entire understanding of the parties
with respect to the property. There are no verbal or other arrangements which modify or affect this
Agreement.
19. Titles: The titles used on the paragraphs in this Agreement are for information
purposes only.
20. Absence of Commissions: Each party represents and warrants to the other party that
there are no real estate commissions payable in connection with this transaction.
21. Offer to Purchase: The Purchaser hereby offers to purchase the property on the terms
and conditions stated herein. This offer is made subject to the approval of the Seller by midnight of
· In the event that the Seller does not accept this offer
within the aforementioned time, this transaction shall be null and void and of no force or effect
whatsoever.
DATED: _~. ? ~ ,2003.
PURCHASER: ~
G~AJa~rEX~NTS LIMI~D
Address: ~PT.O.~lox~5479
J~l~emerton, WA 98312
Phone: v (360) 265-0391
20280-166, ted Page 3
Rev. 12-3-03
The Seller hereby agrees to sell the property on the terms specified herein.
4
DATED: I~e¥o~q~r/~ I D ,-_-~00~ ~
SELLER:
Title: Mayor
Address: 239 Fourth Street
Bremerton, WA 98337
Phone: (360) 473-5345
RSLEGALXFiles\Current Active Files\Oyster Bay LotsXEamest Money-final2.doc
20280-166, ted Page 4
Rev 12-3-03
Return Address: City Clerk
City of Bremerton
239 Fourth Street
Bremerton, WA 98337
AUDITOR/RECORDER'S INDEXING FORM
Document Title(s): 1. Odor Easement
Reference Number(s) of Documents assigned or released: N/A
Grantor(s): l.
[~ Additional names on page of document.
Grantse(s): 1. The City of Bremerton
[] Additional names on page ofdocament.
Legal Description:
(abbreviated)
~ Additional legal is on page of document.
Assessor's Property Tax Parcel/Account Number:
Project Name:
ODOR EASEMENT
(Corporate)
THIS INSTRUMENT made this day of , 200 , by and between
(hereinafter "Grantor") and the CITY OF
BREMERTON, a Washington municipal corporation of Kitsap County, State of Washington
(hereinafter "Grantee").
WITNESSETH that Grantor for and in consideration of mutual benefits derived and/or other
valuable consideration, receipt of which is hereby acknowledged by Grantor, do by these presents grant,
bargain, sell, convey, and confirm forever unto Grantee, its successors and/or assigns, an odor easement
for air emissions from the Wastewater Treatment Plant on or over the following described property
situated in Kitsap County, Washington, more particularly described as follows:
SEE EXHIBIT .... ATTACHED
ODOR EASEMENT (Corporate) - Page 1 of 2
EXHIBIT A
This easement shall be a covenant running with the land, and shall bind Grantor's successors and
assigns and all future owners of the real property affected by this easement.
GRANTOR:
By:
Its:
DATE:
STATE OF WASHINGTON )
COUNTY OF KITSAP )
On this_ day of ,200 , before me a Notmy Public in and for the State
of Washington, personally appeared to me known to be the
corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act and
deed of the corporation, for the uses and purposes mentioned in this instrument, and on oath stated that
he/she/they was/were authorized to execute said instrument.
-Notary Seal Must Appear Within This Box-
1N WITNESS WHEREOF, I have hereunto set my hand and official seal
the day and year first above written.
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
APPROVED AS TO FORM:
ROGER A. LUBOVICH
City Attorney
ODOR EASEMENT (Corporate) - Page 2 of 2
EXHIBIT A
8R£MERTON CITY OF ESMT ~e.e8 t,.i~,sap Co, ~
Return Address: City Clerk
City of Bremc~on
239 Fo~ S~eet
Bremenon, WA 98337
EXCISE TAX EXEMPT [,tAR z 2004
AUDITOR/RECORDER'S INDEXING FORM
Document Title(s): l. Odor Easerm~nt
Reference Number(a) of Documents assigned or released: N/A
Grantor(s): 1. GlobalInvcs~ents Li~ted
~ Additio~l names onpage of document.
Grantee(s): 1. CityofBreme~on
~ Additio~l names onpage of document.
Legal Description: Lots 5 & 7, Blk 5, Ole Hanson's Navy Yard Addn.
(abbreviated)
~ Additional legal is onpage 1 ofdocmcnt.
~sessor's Prope~y Tax Parcel/Account Number: 4546-005-005-0007 and 4546-005-007-0005
ODOR EASEMENT
THIS ~STRUME~ made this ~ day of ~0~h , 200 ~ , by and
be~een GLOB~ I~STMENTS LIMITED, a Washington co~oration, (hereinafter
"~antor") and ~e CITY OF B~MERTON, a Washington m~icipal co¢oration of Kitsap
Co~, State of Washington (hereina~ "Grantee").
WI~ESSETH that ~tor for and in consideration of mutual benefits derived ancot
oth~ valuable consideration, receipt of which is hereby ac~owledged by ~antor, do by these
presents ~ant, bargain, sell, convey, and confim forever ~to ~antee, its successors ancot
assi~s, ~ odor easement for air emissions ~om the Wastewater Treament Plant on or over the
following described prope~ situated in Kitsap Co~, Washington, more pa~icul~ly described
as follows:
Lots 5 ~d 7, Block 5, Ole Hanson's Na~ Yard Addition, according to Plat
recorded in Volume 4 of Plats, Page 56, in Kitsap Co~, WashinDon
ODOR EASEMENT - Page 1 of 2
This easement shall be a covenant running with the land, and shall bind Grantor's
successors and assigns and all future owners of the real property affected by this easement.
GRANTOR:
GLOBAL INVESTMENTS LIMITED
Its: ~a-~k~
DATE:
STATE OF WASHINGTON )
COUNTY OF KITSAP )
On this~d~ay of kto~h ~, , 2004, before me a Notary Public in and for the
State of Washington, personally appeared t)a Ii [ '~0-7x'30~ i to me known to be
the'-~r t°~ ~Pl'ean 1,- of Global Investments Limited, a Washington corporation that
executed the foregoing instrument, and acknowledged it to be the free and voluntary act and deed of
the corporation, for the uses and purposes mentioned in this instrument, and on oath stated that he
was authorized to execute said instrument.
-Notary Seal Must Appear Within This Box-
1N WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year
first above written.
NOTARY PUBLIC, in and for the State
of Washington, residing at'~rm~r~-t~,'~ ~.]/~
My appointment expires ,~>~"~
City Attorney ~
R:\LEGAL\Files\Current Active Files\Oyster Bay Lots\Odor Easement.doc
ODOR EASEMENT - Page 2 of 2
BREMERTON CITY OF ESMT ~O.~O Kitsap Co, JlA
CLOSING SETTLEMENT STATEMENT
Seller City of Bremerton Buyer Global Investments Limited
Seller Buyer
Property Address Lots 5 & 7, Block 5, Ole Hanson's Navy Yard Addn.
Cit Bremerton I State WA [Zi
Seller(s) Column Buyer(s) Column
la. Sales Price 41,000.00 lb. Sales Price I 41,000.00
~a. Down payment 1,000.00 2b. Down payment I 1,000.00
~40'000'00
4a.Ex enses ~ 4~b. Ex enses
5a. Title Search 5b.TitleSearch I
Sa. Recording Fees 20.00 6~ _Recorchng Fees I 20.00
(Odor Easement)
7a. Title Insurance 423.54 7b.Title Insurance
8a. Attorney Fees 8b.Attorney Fees I
9a. Notary Fees 9b.Notary Fees I
10a. Survey 10b.Survey
1 la. Commission to 1lb.Commission to
12a. REET Affidavit 2.00 12b.
13a. 13b. I
14a. 1 4b. I
15a. 15b.
16a. 16b.
17a. 17b.
18a. 18b. I
20a. Total Expenses 445.54 20b. Total Expenses 20.00
2la. Balance Less Expenses 39,554.46 2lb. Balance Plus I 40,020.00
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
Pro-ration Pro-ration /
26a. 26b.
27a. 27b. ]
28a. 28b.
29a. 29b.
30a. Total Ad'u~stments 0.00 30b. Total Adjustments ] 0.00 ]
31 a. Balance due to Seller 39,554.46 31 b. Balance due from I40,020.00
32a. Total due to Seller(s) 41,000.00
I/we certi~) the ~/~ng is true and ~uyer(s). .....
~we ce~if~y_.~at t~oregoir~g, is treeand
Seller Buyer--~ ~ v
91-6001231
EIN EIN
PACIFIC NORTHWEST TITLE 9927 Mickelb~cy Road N W,
EO. Box 3607
Silverdale, Washington 98383
(360) 692-4141
Fax: (360) 692-5569
March 17, 2004
ATTN: CITY CLERK
CITY OF BREMERTON
239 FOURTH STREET
BREMERTON, WA 98337
Order No.: 32073127
Your Reference: CITY OF BREMERTON/GLOBAL INVESTMENTS LIMITED
Enclosed is your POLICY for Title Insurance on the above-referenced transaction.
Thank you for the opportunity of serving you. We look forward to working with you again.
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 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, 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.
Countersigned~by:
Insurance Company, Inc. S~~.
Company PACIFIC NORTHWEST TITLE
~ P.O. Box 3607 SilverdaleL WA 98585
City, Slate
EXCLUSIONS FROM COVERAGE
0-1093- J. 77433
ALTA OWNER'S POLICY -- 10-17-92