127-22 - Williams, Ocean and Arlene - Contract11/21/22, 11:49 AM
Document
REAL ESTATE PURCHASE AND SALE AGREEMENT
THIS REAL ESTATE PURCHASE AND SALE AGREEMENT (hereinafter "Agreement")
is entered into by and between Ocean Williams and Arlene Williams (hereinafter "Seller")
and The City of Port Orchard, hereinafter referred to as "AGENCY", a municipal
corporation and political subdivision of the state of Washington (hereinafter "Purchaser").
Seiler and Purchaser may hereinafter collectively be referred to as "Parties" or individually
as a "Party."
AGREEMENT
FOR AND IN CONSIDERATION of the mutual promises and covenants contained
herein, the sufficiency of whi i i unconditionally acknowledged by Seller and Purchaser,
the Part��iessa�aNZZFF�
as follows:
1. `flie Sell Wesole owner in fee simple of certain real property located
in County, Washington identified by parcel number 4027-023-017-000.4 and legally
described on the attached Exhibit A (the Property).
2. Purchaseand Sale. Seller shall sell and convey to Purchaser, and Purchaser shall
purchase and accept from Seller, upon the terms, covenants, and conditions set forth in this
Agreement, all of Seller's right, title, and interest in and to the Property, including all after -
acquired property, Seller warrants that Seller has full right, title, authority, and capacity to
execute this Agreement and sell the Property. Purchaser warrants that Purchaser has full right,
title, authority, and capacity to execute this Agreement and purchase the Property.
3. Purchase Price and Payment. The total purchase price for the Property (hereinafter
"Purchase Price") is Seven Hundred Sixty Thousand and NO/100 Dollars ($760,000) and
shall be paid by Purchaser to Seller by cashier's check, certified check, or wire transfer of
immediately available funds to Seller at closing.
4. Conveyance of Title. Seller shall convey title to the Property legally described on
the attached Exhibit A to Purchaser by Statutory Warranty Deed (hereinafter "Deed").
5. Closing; Possession. Closing shall occur upon payment of the Purchase Price to
Seller from Purchaser and delivery of the execut d D ed from Seller toPurchaser (hereinafter
"Closing Date"), but in no event later than hZlhe Parties agree to execute any
and all documents necessary to effectuate the nten of this Agreement. Purchaser shall be
entitled to possession of the Property legally described on the attached Exhibit A as of the
Closing Date.
6. A provJ] by tlrc City of Port Orchard. The Parties acknowledge that this
Agreement shall not be deemed accepted by or binding on the Purchaser until approved by
the City of Port Orchard, in an open public meeting.
7. Risk 6f Goss: Risk of loss of or damage to the Property shall be borne by Seller until
the Closing Date. Thereafter, Purchaser shall bear the risk of loss. In the event of material
loss of or damage to the Property prior to the Closing Date, Seller shall promptly notify
Purchaser in writing and Seller shall not be obligated to restore the Property nor pay damages
to Purchaser by reason of such loss or damage. Upon receipt of written notice pursuant to
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Section 10 below, Purchaser may within five (5) business days terminate this Agreement by
giving written notice of such termination to Seller and such termination shall be effective
immediately; provided, however, that Purchaser may elect to purchase the Property in the
condition then existing; provided that, Purchaser delivers notice of such election pursuant to
Section 10 below within five (5) business days of receipt of Seller's notice of a material loss
of or damage to the Property as provided for in this Section 8.
S. Closin Costs & Prorations. Seller shall pay its own attorney fees. Purchaser shall
pay the cost of recording the Deed, its own attorney fees, and all other costs and expenses
allocated to Purchaser and Seller pursuant to the terms of this Agreement; excepting only the
Seller's payment of its own attorney fees as provided for above in this Section 8 and any
prorations for which it is responsible pursuant to the following sentence. Any taxes, liens,
assessments, insurance, or charges imposed by law upon the Property shall be prorated as of
the Closing Date, with such prorations to be a final settlement between the Parties.
9. Notices, Except as specifically set forth herein, any demand, request or notice which
either Party desires or may be required to make or deliver to the other shall be in writing and
shall be deemed given when personally delivered, or when delivered by private courier
service (such as .Federal Express), or three days after being deposited in the United States
Mail first class, postage prepaid and addressed as follows:
PURCHASER L
SELLER
City of Port Orchard, Public Works
Ocean Williams and Arlene W!I
Department
1763 Buy St
216 Prospect St'
Port Orchard, WA 98366 1
The foregoing addresses may be changed by written notices to i er�arty as provic
herein.
10. Time. Time is of the essence in every provision herein contained.
11. I3insiing Agreement. This Agreement shall inure to the benefit of and be binding
upon the heirs, personal representative, successors, and assigns of the Parties.
12. Attorneys' Fees. In the event of any litigation regarding the rights and obligations
of the parties under this Agreement, the prevailing party shall recover its costs and attorneys'
fees, including such costs and attorneys' fees for appeals.
13. Ncg-otintlon and Construction. This Agreement was negotiated by the Parties and
shall be construed according to its fair meaning and not strictly for or against either Party.
14. Entire Agreement. This Agreement contains the entire understanding between the
Parties and supersedes any prior understandings and agreements between them regarding the
subject matter hereof. There are no other representations, agreements, or understandings,
oral or written, between the Parties relating to the subject matter of this Agreement. No
amendment of, or supplement to, this Agreement shall be valid or effective unless made in
writing and executed by the Parties.
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15. Counter �nr i•ts. This Agreement may be signed in two or more counterparts, which
taken together shall constitute the complete Agreement,
16. .Invalid Provision. If any provision of this Agreement is held to be illegal, invalid or
unenforceable under present or future laws, such provision shall be fully severable; thls
Agreement shall be construed and enforced as if such illegal, invalid or unenforceable
provision had never comprised apart of this Agreement; and the remaining provisions ofthis
Agreement shall remain in full force and effect and shall not be affected by such illegal,
invalid or unenforceable provision or by its severance from this Agreement.
[SIGNATURES & ACKNOWLEDGEMENTS APPEAR ON FOLLOWING PAGES]
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PURCHASER'S SIGNATURE PAGE
Approved as to legal form only:
Date: 11-23 -2022
Charlotte Archer
.e4� Atbarney
Date:
y inearaon,
City Cleric
F'al�C"On'
-" Date:
Robert Putaansuu
Mayor
STATE OF WASHINGTON )
ss
COUNTY OF KITSAP )
On this day of , 2022, before me, the undersigned, a notary
On thi4o�a
blic in and for the state of Washington, duly commissioned and sworn, personally appeared
5 C Lk, known to me to be the Mayor of the City of Port Orchard,
Washington, a municipal corporation and political subdivision of the state of Washington,
who executed the within and foregoing instrument and acknowledged the said instrument to
be the free and voluntary act of said municipal corporation for the uses and purposes therein
mentioned, and on oath stated that he is authorized to exccute the said instrument.
In witness whereof, I have hereunto set my hand and affixed my official seal the day
and year first above written,
GIVEN under my hand and offici#seal the day and year
'ez
d0
NTary Public in and for thq State
Washington, residing at
Snj-
My commission expires
Sabre S. Massey
NOTARY PUBLI
STATE OF WASHINGTON
SABRES MASSY
MY COMMISSION EXPIRE gu 4 of 6
AUGUST 28, 2026
COMMISSION # 60303
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SELLER'S SIGNATURE, PAGE
15�
Oce Wil iams
L/
�lr ene Williams
STATE OF WASH.TNGTON )
ss.
COUNTY OF i ft ' }
44-
I the undersigned, a Notary Public, do hereby certify that on this day of
2022, personally appeared before me [ocean Williams and Arlene Williams. to me known to
be the individuals described in and who executed the within instrument, and acknowledged that
they signed the same as t eir free and voluntary act and deed for the uses and purposes therein
mentioned.
Given under my hand and official sea] the day and year in this certificate above written.
[NOTAPY
ARGARET R BAILEY
PUBLIC 0490ATE OF WAWINGtOM
OMMtSSJON EXPIRES,
EBIRUARY 13, 2026
Notarylic in and for/he State of �^
Printed Name: 1114 '6M4- 7
Residing
at ex C�—t " My commission expires �C1
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Exhibit A
Legal of Property
PARCEL: 4027-023-017-0004
PARCEL I:
ALL OF LOTS G AND H AND THE NORTH 15 FEET OF LOT F, BLOCK 23,
ACCORDING TO PLAT OF SHORE AND TIDELANDS OF SIDNEY ON FILE IN
THE OFFICE OF THE DEPARTMENT OF RESOURCES OF THE STATE OF
WASHINGTON, AT OLYMPIA, WASHINGTON.
PARCEL [I. -
ALL OF LOTS G AND H AND THE NORTH 15 FEET OF LOT F, BLOCK 23,
ANNAPOLIS, ACCORDING TO THE PLAT RECORDED IN VOLUME 1 OF PLATS,
PAGES 64 AND 65, RECORDS OF KITSAP COUNTY, WASHINGTON.
PARCEL Ill:
THAT PORTION OF BAY STREET ADJOINING LOTS F, G AND H, BLOCK 23,
PLAT OF ANNAPOLIS, ACCORDING TO THE PLAT THEREOF RECORDED IN
VOLUME 1 OF PLATS, PAGES 64 AND 65, RECORDS OF KITSAP COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT F, SAID BLOCK 23,
ON THE WEST RIGHT-OF-WAY MARGIN OF BAY STREET; THENCE NORTH
29°48'30" EAST ALONG SAID WEST MARGIN 15.00 FEET TO THE TRUE POINT
OF BEGINNING; THENCE CONTINUING NORTH
29°48'30" EAST 75.00 FEET; THENCE SOUTH 60011'30" EAST 30.00 FEET;
THENCE SOUTH 290 48'30" WEST 75.00 FEET; THENCE NORTH 60011'30"
WEST 30.00 FEET TO THE TRUE POINT OF BEGINNING.
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