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HomeMy WebLinkAbout500591 c oz,,ma...x,r ,5 0 013 ,() J Statutory Warranty Deed ~*-IE GRANTORS, John . Kelley and Valma F. Kelley, husband and wife, now and at all times since August 29, 1939, for and in consideration of Forty and no/lO0 ............ ( $40.00)Dollars, in hand paid, conveys and warrants to City of Bremerton, a municipal corporation, the following described real estate, situated in the County of Kit s ap , State of Washington: Lots 16, 17 and 18 and Log 20, block 20, Navy Yard City, according to plat thereof ~ecorded in volume 3 of Plats, page 75, records of said county. subject to a perpetual easement to construct, maintain, repair and replace sewer pipe lines over and across portions of lots 18 and 20. Said easement is now held by Kitsap County Sewer District No. 1 under deed from United States of America under Auditor's file No. 478975. Dated this /~ day of Sept_ember , 1949. STATE OF ]i~[I~, { County of COOS On this day personally appeared before me John . Kelley and Valma F. Kelley, his 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 th el? free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this ~ '~ day of September, 19~9. ..... ;'6'teton, res:atng at NOTARY PUBLIC FOR OREGON ? ~.t% ~y Commission Expires Jan. 13, 1953 ~.~ar D. smt~h, Kimu¢ Coun~, Audlt~. Of.. -- ~ - ~ .~-~.TTL~:, ~OUNT $ 250.00 P~ZM:UM $ 20.00 POLICY NO. J-15529 For value, WASHINGTON TITLE INSURANCE COMPANY, hereinafter called the company, a corporation incor- porated under the laws of the State of Washington and duly authorized by the State Insurance Commissioner to insure titles, does hereby insure, subject to the annexed conditions, hereby made a part of this policy, CITY OF BREMERTON, a Municipal corporation, heirs and devisees ( if a corporation, its successors) hereinafter called the insured, against loss or damage not exceeding TWO HUNDRED FIFTY ..................... Dollars, which the insured may sustain by reason of any defect in the insured's title to all the estate or interest in the premises specified and described in Schedule A, hereto annexed and hereby made a part of this policy, or by reason of liens or encumbrances charg- ing the same, at the date of this policy, save and except this policy does not insure against loss or damage by reason of any estate or interest, defect, lien, encumbrance or objection noted in annexed Schedule B, which is a part hereof. Any loss under this policy is to be established in the manner provided in said conditions and shall be paid upon compliance by the insured with and as pre- scribed in said conditions, and not otherwise. 1N WITNESS WHEREOF, the company'has caused these presents to be authenticated by the facsimile signatures of its President and its Secretary, and its corporate seal to be affixed; but this policy is not valid unless attested by a Vice-President, the Secretary or an Assistant Secretary. Dated this 3Oth day of November, 1949 , at eight o'clock A.M. By ~~nt l'r,rm P 16 OWNERS OR MORTGAGF. ES Po*.~c¥ No. J-l&~29 1. The estate or interest of the insnred covered by this policy. Fee simple estate. 2. Description of the property with respect to which this policy is issued. IN THE COUNTY OF KITSAP, STATE OF WASHINGTON Lot twenty (20), block twenty (20), Navy Yard City, according to plat thereof recorded in volume 3 of Plats, page 75, records of said county. Page 2 of Policy No. J-l&429 Form P 93 POL'rC"Z NO. J-l/d*29 This policy does not insure against: 1. Questions of location, boundary and area; overlaps and encroachments by improvements belonging to these or adjoining premises; all dependent upon actual survey for determinatioo. 2. The existence of roads or ways not established of record, or existence of county roads. 3. Rights or claims of persons in possession, not shown of record; rights claimed under instruments of which no notice is of record and rights or claims based upon facts of which no notice is of record but of which the insured has notice; material or labor liens of which no notice is of record; liens created under the Workmen's Compen- sation Act. 4. Exceptions and reservations in United States patents; any governmefital action based upon the claim that any part of said premises is the bed of navigable waters; action by any governmental agency for the purpose of regu- lating occupancy or use of said premises or any building or structure thereon. 5. General taxes not yet payable; matters relating to special assessments and special levies, if any, preceding the same becoming fixed and shown as a lien. 6. Any unpaid charges for water, sewer or electric service furnished to said premises by a city, town or district, or for installation of any such services. 7. Perpetual easement to construct, maintain, repair and replace sewer pipelines over, upon or under a portion of said lot 20, described as follows: Beginning at southeast corner of said lot 20; thence west along south line thereof a distance of 10.11 feet; thence north 19e~2'42" east 29.90 feet to a point on east line of said lot; thence south along east line of said lot, 28.17 feet to point of beginning; awarded to the United States of America, under Judgment entered June 8, 1942, in United States District Court No. 516, Western District, Northern Division, sitting at Seattle. Said easement is now held of record by Kitsap County Sewer District No. 1, under deed from United States of America, under auditor's file No. ~7~975, records of said county. (End of Schedule B) Page 3 of Policy No. J-1~29 Fom~ P98 1. NOTICE OF DEFECT, SUIT OP, ACTION: The Company shall'have the right to, and will, at its own cost, defend the insured in all suits, actions or proceedings founded upon a claim of title, encumbrance or defect which existed or is claimed to have existed prior in date to this policy and not excepted herein; reserving, however, the option at any time of settling the claim or paying the policy in full. In case any such suit, action or proceeding shall be instituted it shall be the duty of the insured at once to give notice thereof in writing to the company at its Home Ofhce, and, if the insured is a party to such suit, action or proceeding, to secure to the company, within ten days after service of the first process upon the insured, the right to defend such suit, action or proceeding in the name of the insured so far as necessary to protect the insured, and to render all reasonable assis- tance in such defense. If such notice shall not be given, or the right to defend secured, as above provided, then all liability of the company ~vith regard to the subject matter of such suit, action or proceeding shall cease and be determined; provided, however, that failure to give such notice shall in no case prejudice the insured if the insured shall not have any knowledge of such suit, action or proceeding. 2. CLAIM OF LOSS; PAYMENT OF LOSS: In the event of final judicial determination by a court of competent juris- diction, under which the insured is dispossessed or deprived of the premises covered hereby or the estate or interest insured is impaired by reason of any adverse interest, lien or encumbrance not excepted herein, or, if this policy covers a mortgagee's interest, and such final judicial determination shall defeat or impair the mortgagor's title to all or any part of said premises or establish the priority to the mortgage of a lien or encumbrance not excepted in this policy, claim may be made hereunder, provided the conditions have been complied with in all respects. A statement in writing of any loss or damage, for which it is claimed the company is liable under this policy, shall be furnished to the company within sixty days after such loss or damage shall have Been ascertained. No right of action shall accrue under this policy until thirty days after such statement shall have been furnished and no recovery shall be had under this policy unless an action shall have been commenced thereon within one year after the expiration of said thirty days. 3. LIMIT OF LIABILITY; SUBROGATION: The Company may at any time pay this policy in full, whereupon all liability of the company shall terminate. The total liability under this policy, exclusive of costs (the costs not including in any case fees of counsel or attorneys employed by the insured), shall in no case exceed the face of the policy, and every payment by the company shall reduce the policy by the amount paid. When the company shall have paid a loss under this policy it shall be subrogated to all rights and remedies which the insured may have against any person or property with respect to such claim, or would have if this policy had not been issued, and the insured shall forthwith transfer all such rights to the company accord- ingly. If the payment made by the company does not cover the loss of the insured, such subrogation shall be proportionate. In case this policy covers a mortgagee's interest only, the company may pay the insured the entire mortgage indebtedness, with interest at the rate specified in the mortgage, and thereupon the insured shall assign and transfer to the company the mortgage and the indebtedness secured thereby, together with all instruments evidencing or securing the same, or shall convey to the com- pany any estate lawfully vested in the insured by virtue of acquisition of said premises, and all liability of the company shall thereupon terminate. Demand for payment must be accompanied by production of the policy for endorsement of such pay- merit. If the policy be not so produced, indemnity satisfactory to the company must be furnished. 4. REFUSAL TO PURCHASE ESTATE: The Company shall nor [:e liable for any loss or damage resulting from the refusal of any party to enter into, or carry out, any contract respecting the estate or interest insured. 5. LIABILITY UNDER MORTGAGEE'S POLICY: If this policy covers a mortgagee's interest only and any insured acquires said premises, or any part thereof, by foreclosure, or in other legal manner, in satisfaction of said indebtedness, or any part thereof, or under FHA insurance contract, this policy shall continue in force in favor of such insured, and each successor in interest in ownership, subject to all of the conditions hereof applicable to an owner of land. 6. ASSIGNMENT OF POLICY: The obligations of the Company under this policy shall extend to the Insured above named; to anyone to whom this policy may be assigned in writing endorsed hereon; to the executors, administrators, heirs and devises of the Insured; and to any assignee of any mortgage which may be insured by this policy. The "Insured," when hereto- fore mentioned, refers to each party separately to whom the Company is, at the rime referred to, obligated under the terms of this policy. Form P % roll AMOUNT 8 250.00 P~ZMZUM $ 20.00 POLICY lqO. ~-14431 For value, WASHINGTON TITLE INSURANCE COMPANY, hereinafter called the company, a corporation incor- porated under the laws of the State of Washington and duly authorized by the State Insurance Commissioner to insure titles, does hereby insure, subject to the annexed conditions, hereby made a part of this policy, CITY OF BRE~RTON, a Municipal corporation, heirs and devisees (if a corporation, its successors) hereinafter called the insured, against loss or damage not exceeding TWO HUNDRED FIFTY ....................... Dollars, which the insured may sustain by reason of any defect in the insured's title to all the estate or interest in the premises specified and described in Schedule A, hereto annexed and hereby made a part of this policy~ or by reaSon of liens or encumbrances charg- ing the same, at the date of this policy, save and except this policy does not insure against loss or damage by reason of any estate or interest, defect, lien, encumbrance or objection noted in annexed Schedule B, which is a part hereof. Any loss under this policy is to be established in the manner provided in said conditions and shall be paid upon compliance by the insured with and as pre- scribed in said conditions, and not otherwise. IN WITNESS WHEREOF, the company~has caused these presents to be authenticated by the facsimile signatures of its President and its Secretary, and its corporate seal to be afiqxed; but this policy is not valid unless attested by a Vice-President, the Secretary or an Assistant Secretary. Datedthis 30th dayof November, 1949 ,at eigh% o'clock A.M. Form P 93 Po~.zcv No. J-14431 This policy does not insure against: 1. Questions of location, boundary and area; overlaps and encroachments by improvements belonging to these or adjoining premises; all dependent upon actual survey for determination. 2. The existence of roads or ways not established of record, or existence of county roads. 3. Rights or claims of persons in possession, not shown of record; rights claimed under instruments of which no notice is of record and rights or claims based upon facts of which no notice is of record but of which the insured has notice; material or labor liens of which no notice is of record; liens created under the Workmen's Compen- sation Act. 4. Exceptions and reservations in United States patents; any governmet~tal action based upon the claim that any part of said premises is the bed of navigable waters; action by any governmental agency for the purpose of regu- lating occupancy or use of said premises or any building or structure thereon. 5. General taxes not yet payable; matters relating to special assessments and special levies, if any, preceding the same becoming fixed and shown as a lien. 6. Any unpaid charges for water, sewer or electric service furnished to said premises by a city, town or district, or for installation of any such services. 7. Perpetual easement to construct, maintain, repair and replace sewer pips lines over and across a portion of said lot 16, described as follows: Beginning at the northeast corner of said lot 16; thence south along east line of said lot, 20.54 feet; thence north 4°3)'11" west 20.59 feet to a point on the north line of said lot; thence east along the north line thereof, 1.62 feet to point of beginning; awarded the United States of America under Judgment entered June 8, 1942, in United States District Court No. 516, Western District, Northern Division, sitting at Seattle. Said easement is now held of record by Kitsap County Sewer District No. l, under deed from the United States of America, under auditor's file No. 478975, records of said county. (End of Schedule B) Page 3 of Policy No. J-14431 1. NOTICE OF DEFECT, SUIT OR ACTION: The Company shall-have the right to, and will, at its own cost, defend the insured in ali suits, actions or proceedings founded upon a claim of title, encumbrance or defect which existed or is daimed to have existed prior in date to this policy and not excepted herein; reserving, however, the option at any time of settling the &tim or paying the policy in full. In case any such suit, action or proceeding shall be instituted it shall be the duty of the insured at once to give notice thereof in writing to the company at its Home Office, and, if the insured is a party to such suit, action or proceeding, to secure to the company, within ten days after service of the first process upon the insured, the right to defend such suit, actmn or proceeding in the name of the insured so far as necessary to protect the insured, and to render all reasonable assis- tance in such defense. If such notice shall not be given, or the right to defend secured, as above provided, then all liability of the company with regard to the subject matter of such suit, action or proceeding shall cease and be determined; provided, however, that failure to give such notice shall in no case preiudice the insured if the insured shall nor have any knowledge of such suit, action or proceeding. 2. CLAIM OF LOSS; PAYMENT OF LOSS: In the event of final judicial determination by a court of competent juris- diction, under which the insured is dispossessed or deprived of the premises covered hereby or the estate or interest insured is impaired by reason of any adverse interest, lien or encumbrance not excepted herein, or, if this policy covers a mortgagee's interest, and such final judicial determination shall defeat or impair the mortgagor's title to all or any part of said premises or establish the priority to the mortgage of a lien or encumbrance not excepted in this policy, claim may be made hereunder, provided the conditions have been complied with in all respects. A statement in writing of any loss or damage, for which it is claimed the company is liable under this policy, shall be furnished to the company within sixty days after such loss or damage shall have been ascertained. No right of action shall accrue under this policy until thirty days after such statement shall have been furnished and no recovery shall be had under this policy unless an action shall have been commenced thereon within one year after the expiration of said thirty days. 3. LIMIT OF LIABILITY; SUBROGATION: The Company may at any time pay this policy in full, whereupon all liability of the company shall terminate. The total liability under this policy, exclusive of costs (the costs not including in any case fees of counsel or attorneys employed by the insured), shall in no case exceed the face of the policy, and every payment by the company shall reduce the policy by the amount paid. When the company shall have paid a loss under this policy it shall be subrogated to all rights and remedies which the insured may have against any person or property with respect to such claim, or would have if this policy had not been issued, and the insured shall forthwith transfer all such rights to the company accord- ingly. If the payment made by the compaoy does not cover the loss of the insured, such subrogation shall be proportionate. In case this policy covers a mortgagee's interest only, the company may pay the insured the entire mortgage indebtedness, with interest at the rate specified in the mortgage, and thereupon the insured shall assign and transfer to the company the mortgage and the indebtedness secured thereby, together with all instruments evidencing or securing the same, or shall convey to the com- pany any estate lawfully vested in the insured by virtue of acquisition of said premises, and all liability of the company shall thereupon terminate. Demand for payment must be accompanied by production of the policy for endorsement of such pay- ment. If the policy be not so produced, indemnity satisfactory to the company must be furnished. 4. REFUSAL TO PURCHASE ESTATE: The Company shall not be liable for any loss or damage resulting from the refusal of any party to enter into, or carry out, any contract respecting the estate or interest insured. 5. LIABILITY UNDER MORTGAGEE'S POLICY: If this policy covers a mortgagee's interest only and any insured acquires said premises, or any part thereof, by foreclosure, or in other legal manner, in satisfaction of said indebtedness, or any part thereof, or under FHA insurance contract, this policy shall continue in force in favor of such insured, and each successor in interest in ownership, subject to all of the conditions hereof applicable to an owner of land. 6. ASSIGNMENT OF POLICY: The obligations of the Company under this policy shall extend to the Insured above named; to anyone to whom this policy may be assigned in writing endorsed hereon; to the executors, administrators, heirs and devises of the Insured; and to any assignee of any mortgage which may be insured by this policy. The "Insured," when hereto- fore mentioned, refers to each party separately to whom the Company is, at the time referred to, obligated under the terms of this policy.