043-22 - John Haynes - Contract (2)DocuSign Envelope ID: 246D765D-EA7D-4DFA-8D14-DCDDB50E06B6
REAL ESTATE PURCHASE AND SALE AGREEMENT
THIS REAL ESTATE PURCHASE AND SALE AGREEMENT (hereinafter
"Agreement") is entered into by and between John Haynes (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"). Seller and
Purchaser may hereinafter collectively be referred to as "Parties" or individually as a
LG „
Party.
AGREEMENT
FOR AND IN CONSIDERATION of the mutual promises and covenants contained
herein, the sufficiency of which is unconditionally acknowledged by Seller and Purchaser,
the Parties agree as follows:
1. The Property. Seller is the sole owner in fee simple of certain real property located
in Pierce County, Washington identified by parcel number 4027-022-001-0004 and legally
described on the attached Exhibit A (the Property).
2. Purchase and 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 Five Hundred Sixteen Thousand and NO/100 Dollars
($516,000) 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 executed Dee Lfpm Seller to Purchaser
(hereinafter "Closing Date"), but in no event later than�x he Parties agree to execute
any and all documents necessary to effectuate the intent 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. Aporoval. by the 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 Part Orchard, in an open public meeting.
7. Risk of Loss. 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
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DocuSign Envelope ID: 246D765D-EA7D-4DFA-8D14-DCDDB50E06B6
pursuant to 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 material loss of or damage to the Property as provided for in this Section 8.
8. Closing Costs & Prorations, Seiler 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 SELLER
City of Port Orchard, Public Works John Haynes
Department 1699 Bay St.
216 Prospect St Port Orchard, WA 98366
Port Orchard. WA 98366 �^
The foregoing addresses may be changed by written notices to the other party as provided
herein.
10. Time. Time is of the essence in every provision herein contained.
11. Binding Agreement. This Agreement shall inure to the benefit of and be binding
upon the heirs, personal representative, successors, and assigns of the Parties.
12. Attornev's' Fees. In the event of any litigation regarding the rights and obligations
of the parties under this Agreement, the prevailing party shall recover its casts and
attorneys' fees, including such costs and attorneys' fees for appeals.
13. Negotiation and Construction. This Agreement was negotiated by the Patties and
shall be construed according to its fair meaning and not strictly for or against either Party.
14. Entire A reement. 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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DocuSign Envelope ID: 246D765D-EA7D-4DFA-8D14-DCDDB50E06B6
15. Counterparts_ 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 Feld to be illegal, invalid
or unenforceable under present or future laws, such provision shall be fully severable; this
Agreement shall be construed and enforced as if such illegal, invalid or unenforceable
provision had never comprised a part of this Agreement; and the remaining provisions of
this 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]
Page 3 of 6
DocuSign Envelope ID: 246D765D-EA7D-4DFA-8D14-DCDDB50E06B6
PURCHASER'S SIGNATURE PAGE
, pQrrn r�edAs: to legal form only:
Cy {& kn6y Date: 3/7/2022
bre Kint,ay' vu Date: 3/8/2022
Bran y inearson, CMC
City Clerk
Final Action:
Date: c j;J
Robert Putaansuu
Mayor
STATE OF WASHINGTON )
) ss
COUNTY OF KITSAP ) Ap
On this 96day of 2[ , �2421, before me, the undersigned, a notary
public in d for tb&; state of ashington, duly commissioned and sworn, per
appeared } own 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 execute 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 ungffjp�,�and and official seal the day and year last above written.
N E F� ry�ifi
�.a. or
ission 1-
�a r•.p ary Public in and for e State of
r�aia�Y ashinaton, residing at
�.low
°USILIC ry� _ My commission expires
■
r•�.���rWASH`��•��`
Page 4 of 6
DocuSign Envelope ID: 246D765D-EA7D-4DFA-8D14-DCDDB50E06B6
SELLER'S SIGNATURE PAGE
n Haynes
STATE OF WASHINGTON )
COUNTY OF �j
11 AV ) ss.
��}}
i the un rsigmed. a Notary Public, do hereby certify that on this 6-Pday
2 2 p o ally appeared before me John Ha nes, to rtle known to be the individual
described in and who executed the within instrument, and acknowledged that he signed the
same as his free and voluntary act and deed for the uses and purposes therein mentioned.
Given under my hand and official seal the day and year in this certificate above written.
NOTARY PUBLIC
STATE OF WASHINGTON
PkiUo.-I. FERREIRA-SMITH
l,laet Number 104082
M Cwma" Explra 05-012026
Notary Public in and for the State of_,
Printed Name:k4awjR - m-A
Residing
at I- ,nwvo WA
My commission expires -Ac
Page 5 of 6
DocuSign Envelope ID: 246D765D-EA7D-4DFA-8D14-DCDDB50E06B6
Exhibit A
Legal of Property
PARCEL: 4027-022-001-0004
LOT I AND 2, BLOCK 22, ANNAPOLIS, ACCORDING TO THE PLAT RECORDED
IN VOLUME I OF PLATS, PAGE 64, IN KITSAP COUNTY, WASHINGTON; EXCEPT
ANY PORTION LYING WITHIN FIRST CLASS TIDELANDS AS SHOWN BY
OFFICIAL MAP OF SIDNEY TIDELANDS
Situate in the City of Port Orchard, County of Kitsap, State of Washington.
Page 6 of 6
LAND TITLE COMPANY - SILVERDALE 202203250106
Deed Rec Fee: $204.50
03/25/2022 12:04:26 PM Page 1 of 2
Paul Andrews, Kitsap County Auditor
After recording return document to:
City of Port Orchard,
Public Works Department
216 Prospect St
Port Orchard, WA 98366 THIS DOCUMENT VITAS
E-FILED WITH THE
KITSAP COUNTY AUDITOR
Document Title: Warranty Deed
Reference Number of Related Document:
Grantors: John Haynes
Grantees: City of Port Orchard
Legal Description: Lts 1 & 2, Blk 22, Annapolis, V/P 1/64
Assessor's Tax Parcel Number: 4027-022-001-0004
WARRANTY DEED
KJ
,¢ City of Port Orchard Pedestrian Enhancement Project (Mosquito Fleet Trail) y1M
5 5-cioGAwl 0 -L-r— 12 r6)pCV dam{
The Grantors, John Haynes, a44n- a ni n, for and in consideration of the sum of TEN
DOLLARS AND NO/100 ($10.00), and other valuable consideration, hereby conveys and
warrants to the City of Port Orchard (*aU is-VVAw4�-BePart°ntent, Grantee, the following
described real property situated in Kitsap County, in the Stale of Washington.
A OL MUVXCi POLL -
LOT 1 AND 2, BLOCK 22, ANNAPOLIS, ACCORDING TO THE PLAT RECORDED IN
VOLUME 1 OF PLATS, PAGE 64, IN KITSAP COUNTY, WASHINGTON; EXCEPT
ANY PORTION LYING WITHIN FIRST CLASS TIDELANDS AS SHOWN BY
OFFICIAL MAP OFSIDNEY TIDELANDS.
Situate in the City of Port Orchard, County of Kitsap, State of Washington.
It is understood and agreed that delivery of this deed is hereby tendered and that the terms and
obligations hereof shall not become binding upon the City of Port Orchard, unless and until
accepted and approved hereon in writing for the City of Port Orchard, by its authorized agent.
LPA-302
10/2014
Page I of 2 Pages
FA. No. STPE-STPUS-0166(008)
Project No. C072-18
Parcel No. 4027-022-001-0004
2022EX02051
2022-03-25
IJCORBELL
$10.00
After recording return document to:
City of Port Orchard,
Public Works Department
216 Prospect St
Port Orchard, WA 98366
Document Title: Warranty Deed
Reference Number of Related Document:
Grantors: John Haynes
Grantees: City of Port Orchard
Legal Description: Lts 1 & 2, Blk 22, Annapolis, V/P 1/64
Assessor's Tax Parcel Number: 4027-022-001-0004
WARRANTY DEED
City of Port Orchard Pedestrian Enhancement Project (Mosquito Fleet Trail) 0- 1M
The Grantors, John Haynes, a. gle-man, for and in consideration of the sum of TEN
DOLLARS AND NO/100 ($10.00), and other valuable consideration, hereby conveys and
warrants to the City of Port Orchard fP t, Grantee, the following
described real property situated in Kitsap County, in the State of Washington.
x cc mI✓e v\it1 pa.0 Coyrpora-�-t'onw►^
LOT I AND 2, BLOCK 22, ANNAPOLIS, ACCORDING TO THE PLAT RECORDED IN
VOLUME I OF PLATS, PAGE 64, IN KITSAP COUNTY, WASHINGTON; EXCEPT
ANY PORTION LYING WITHIN FIRST CLASS TIDELANDS AS SHOWN BY
OFFICIAL MAP OFSIDNEY TIDELANDS.
Situate in the City of Port Orchard, County of Kitsap, State of Washington.
It is understood and agreed that delivery of this deed is hereby tendered and that the terms and
obligations hereof shall not become binding upon the City of Port Orchard, unless and until
accepted and approved hereon in writing for the City of Port Orchard, by its authorized agent.
FA. No. STPE-STPUS-0166(008)
LPA-302 Page l of 2 Pages Project No. C072-18
10/2014 Parcel No. 4027-022-001-0004
WARRANTY DEED
Date: —3 - 2- 02 o 21
Ile
Sn Haynes
STATE OF WASHINGTON )
ss
County of
On this ,X day of 'Y AAX k , 2021! before me personally appeared John
Haynes, o me known to be the individual(s) described in and who executed the foregoing
instrument and acknowledged that he signed and sealed the same as his free and voluntary
act and deed, for the uses and purposes therein mentioned.
GIVEN under my hand and official seal the day and year last above written.
SCAL.,
NOTARY PUBLIC
STATE OF WASHINGTON
PAULA I. FERREIRA-SMITH
License Number 104082
My co wduinn Boa 0541-2025
Notary Public in and for the State of
Washington, residing at .C,,�tjA
My commission expires ig5
Accepted and Approved City of Port Orchard:
By:
Printed Name: Robert PutaansLiu
Title: CiC Ma ❑r
Date;
Approved to as form:
DocuSigned by:
0,t, arm
By: a -
Printed Name: harlotte Archer
Title: CitLAttornev
Date: 3/7/2022
LPA-302 Page 2 of 2 Pages Parcel No. 4027-022-001-0004
[012014