HomeMy WebLinkAbout083 95
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STATE OF WASHINGTON
County of Jefferson
IN THE MA TIER OF INTENT
TO PURCHASE PROPERTY
IN QUILCENE OWNED BY MICHAEL
SHAHDA
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RESOLUTION NO. 83-95
WHEREAS, Jefferson County is engaged in a project to acquire
certain properties at the mouth of the Quilcene River in order to facilitate flood
protection and habitat preservation as eventually determined in a comprehensive
planning process and as agreed to in a settlement agreement between Jefferson
County and the State of Washington; and,
WHEREAS, property owned by Michael Shahda in this area at the
mouth of the Quilcene River is one of the properties potentially desired for this
purpose; and,
WHEREAS, Jefferson County plans to purchase this property after
completion of due process as by required State law and pursuant to a Purchase and
Sale Agreement is completed with Mr. Shahda.
NOw, THEREFORE, BE IT RESOLVED, that the Jefferson County
Board of Commissioners will approve in principle, the purchase of the property
owned by Michael Shahda pursuant to a Purchase and Sale Agreement; and,
BE IT FURTHER RESOLVED, that Chainnan Glen Huntingford is
hereby designated as the authorized representative of the Board of Commissioners
to sign all of the necessary paperwork to complete the sale.
APPROVED this 1/"&dayof ~~A/ ,1995-
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// II. ' t.o" 4' '. JEFFERSON COUNTY
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ATTEST:
Lorna L. Delaney
Clerk of the Board
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Page 1 of
REAL ESTATE PURCHASE A..J SALE AGREEMENT
(With Earnest Money Provision)
THIS CONTRACT CONTROLS THE TERMS OF SALE OF THE PROPERTY
READ CAREFULLY BEFORE SIGNING
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2205 Washington St" P.O. Box 256
Port Townsend, WA 98368
(206) 385-2000 Fax 385-6967
60 M Paradise Bay Rd., Ste. B
Port Ludlow, WA 98365
(206) 537-2000 Fax 437-0926
Washington
Septpmhpr 11
19 q t:¡
'T'o'vnsend
Port-
,TpffprRnn ('nllnl-y. ;:¡ mllnicipç¡l corporation,
(heremaher called' Purchaser"} hereby agrees to purchase, and the undersigned Seller hereby agrees to sell the following described real estate located In
Cltv
Jefferson
County, State of Washington, commonly known as,
Ouilcene
331 Fremont Avenue
Β IF CHECKED, SEE ADDENDUM FOR COMPLETE LEGAL DESCRIPTION
RPP ;:¡ - -;::¡r.hpn ;::¡nnpnnl1m
and leyally desCrIbed as tollows
Purchaser hereby authomes Agent/Broker to Insert over I\iS signature the corrected legal description of the above described property If unavailable at time of slgnmg, or to correct the legal (tes'
cnptlon previously entered II erroneous or Incomplete. A FULL AND COMPLETE LEGAL DESCRIPTION MUST BE INSERTEDORATIACHEDON THE ADDENDUM PRIOR TO EXECUTION BY
SELLER.
Personal property Included 10 this purchase and sale: 1qq1 Rrnnkl;np nOllh]p ",¡ide PlOhilp hnmp. RPr;;:¡l
nllwbpr TnF'ToToO4"A110RF.RF' (AlsoseeparagraphConthereversesldeofthlsagreement
PURCHASE PRICE: Total purchase price IS Two Hundred Thj rty-eight Thousand Five Hundred DOLLARS
($238.500.00 jpayableasfollows. All cash at clnR;ng.
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~ ~ ~~~c~~~Ts~Eo~r;~:(~~~U~~h~~~~~~b~~:P~~I~~:I~dNr~~e~~t~~;erebY acknowledged olEleven Thô"~M N:ne ~lAnáy.eJ Tweoty -+\lfe. . [)()LLARS
($ 11.925.00 J e'Jldenc~d by 0 Cash, 0 Personal Check, 0 Cashl~r's Check. 0 Note due --.-.--...- ._-----
or41 Warrant No. 141085 by Jeff . County paid or dellvured as eafilest mol/ey In part payment 01 the purchase price fùr the ak-:eo,,"cllbad real estate
0 If checked, Agent/Broker shall deposit the above.descnbed earnast money check in Agent/Broker's Irusl account after this agreement has been full, e,ecuted by Purchaser a,,'¡
Sellel
(bl Said earnest money~hall thereaher be held by Agent/Broker or Seller
for the benefit of the parties hereto. At time 01 closing as hereafter described, said earnast money shall be applied as part payment on the purchase pllce above described
2, CLOSING DOCUMENTS: If the above terms are other than cash at closing, the purchase price will be paid accord,ngtotheterms of 0 a Promissory Note and LPB.22 IorIO Deed 01 Trust
0 a Promissory Note and LPB IorIO Mortgage; 0 a Real Eatate Contract form LPB-44 (Residential Short Form Real Estate Contract\; or 0 form LPB-45, which forms are by this reference
Incorporated herein and made a part he,eof If LPB-44 IS to be used, a Real Estate Purchase and Sale Agreement Addendum must be completed and attached hereto
3, TITLE: Seller shall provide a standard coverage title insurance at closing, to be Issued by JEFFERSON TITLE COMPANY
Title to the property IS \0 be free of all encumbrances or defects except (I.e.. ULiD. etc.) N /"A
Encumbrances to be dlschargad by Seller shall be paid from Sellar's funds at the date "I closing. The following shall not be deemed encumbral/ces or defects Rights reserved In laderal
patents or state deeds, building or use restrictions consistent with current zoning, other than government platting and subdivIsion requlfements; utility easements; other easements not Incon.
slstent with Purchasers In!ended use and If checked 0 previously reserved 011 and/or minerai rights. NOTICE: If property has been logged see paragraph G (reverse)
:~~:g~~~~I~I/G:el~;'r~:n~~; ;~::~~:;~:~~uI:~:~~~I~;~:;~st~ make formal or written apPlica:W?7ulln N/~ A days after notilication of Seller's acceptance. ¡See
5, POSSESSION AND CONDITION: Seller shall deliver posseSSion to Purchaser Ol'~ Udy"'" date of closing. Seller agrees to pay Purchaser the sum of
$ 13. 25 for each day of possession beyond date of closing. Possession shall be deemed given when Seller has vacated the premises and delivered keys of same to
P"rchaser or to Agant/Broker Said payments shall be the sole responsibility of Seller. Seller hereby warrants to the best 01 his knowledge the premises descnbed herein and the Improvements
thereon do not matenally ,"olate the applicable building or zonrng regulations and that he IS unaware of any matena! defect In the premises or Improvements thereon with the exception of the
N/A
following, to-WIt.
6, AGREEMENT TO PURCHASE: Purchaser'sdeclslon to purchase IS not based upon statementsolfact by either Lrstlngor Selling Agent Broker concerning ,he property unless the facts
have been either (11 ",cluded as contingencies for the Purchase or (21 Independently verll,ed as true to the complete satisfaction of Purchaser. Except lor conditions and con"'lgancles
specIfically noted elsewhere In this agreement, PUlchaser accepts the property, buildlnY and Improvements In thelf present condition, as IS (Purchaser understands that llstong Agent
Broker and Selling Agents/Brokers knowledge of the property has been solely obtained 110m personal observations, and representations made by the Seller)purchaser hereby acknowledges
receipt of copy of this agreement. Notice of acceptance given to Agent/Broker by Seller shall be considered as given to Purchaser. Seller shall have until 12 "cl"ok n"dl"yht of
Septe~her 13 19 95
7. CLOSING OF THE SALE: WITH THE UNDEHSTANDING THAT TIME IS OF THE ESSENCE FOR THIS AGREEMENT. this sale shall be closed on OR BHOHE NDypm hpr.
FirsT
JEFFERSON TITLE COMPANY oil Instruments and monres requlfed to complete the transaction In accordance with this ayrelHnen!.
8, ADDITIONAL PROVISIONS: In addition tothe provIsions contained hereinabove, all col/dillons as printed on the reverse sldeofthls agreement are Included as terms of tillS agreement
PURCHASER AND SELLER HEREBY ACKNOWLEDGE THAT THEY HAVE READ THE REVERSE SIDE HEREOF. THIS AGREEMENT CONSTITUTES THE FULL UNDERSTANDING
BETWEEN PURCHASER, SELLER AND AGENT/ BROKER. THERE ARE NO OTHER VERBAL OR OTHER AGREEMENTS WHICH MODIFY OR AFFECT THIS AGREE-
MENT, TIME IS OF THE ESSENCE OF THIS AGREEMENT.
, to accept this offar by deliverIng a signed copy thereol to Agent/Broker.
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, which shall also be tha termmatlon date of this agre"ment. Whel/ notified, the Purchaser and Seller will deposIt. without delay. 10 escrow with
9. AGENCY DISCLOSURE: At the slgl/lng of this agraemel/t. the selling agent represented N /"A
firm. that prior oral and/or written di.clo.ure of Agency we. provided him/her in this tran.ection.
~
gning this document can-
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B:roker :: - -::::: -::::::::::::::::: -:::::::: - - - - - - --
(The Agent who prepared thIS agreemenl)
Pun haser's Signature (Both Spouses should Sign except undee special Co[cu,11SIancesl
Purctlas",sPhOne (360) 385-910~
Home ~k
Purchaser" Address 1 R 2 0 Jef fer son,
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P.O.
Box
¡Purchôse( waroanl> he IS olleyal age'
71
SELLER'S ACCEPTANCE: IN"a hereby approve and ac,"pl the sale set forth '" the above agl"ement and agree to carry out all the terms t~ereof on the palt of ilia Seiler, af1t m\,"t!I1't1<mJgT1mJ'Tnr,'neT" j~
~u.~s..as --""ÆR€;~","_fe<'_"""""',,",-"'---'¡;¡I_....A -t,r.Q-+e--- 74
:=::::..~~ ::;;~ ~1I-b4io_"""""4Q.\.tw.~~r"""",.<\! ,,",\I.ó1"""'" ""1""'u.¡ """"""d.ltw.aar",,w. tQ..<\! ""~.s"",,,, <ww;=,-,,",,~....d.!.... I/We furttree acknowledge 75
recerPtolatruecü~~agreement'B2bytT.'es,wl thecomPletelegal~~'OI 0It~,:pret7GF-3"2Z4ereto -'-'--""."'" .-..'-"-'--.-- .,6
:::::: :,:4tG ~ / Ie A.d.dress. f!õ, % "' i ~;~; P.Hß/ úlJ 9.ø76"
S,.,,;raISecurrty # -- ~ - - 18
ng, signed by Seller IS 'wleby received on Scp',tollbor 13 19-9-§--. ,Purchasel Oy s't)nature 79
80
Pu", a5el
¡Only one Signature relulled If Slgnatu
9/88
Purchasel
s ~én lor acknowledgment of receipt ot copy and ïjl"Ias ~ade no counn 0~r)1 06
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Page 2 of 4
(A) FINANCING:
If VA or FHA financing is contemplated, additional provisions pertaining thereto may be attached hereto and thereby
incorporated herein by reference. The Purchaser and Seller hereby authorize the party designated in Paragraph 1- B hereof
to advance that portion of the earnest money deposited as may be required to pay initial loan charges attributable to
Purchaser's financing. IF FINANCING IS NOT OBTAINABLE. EARNEST MONEY (less appraisal fee. credit report, and
mortgage or escrow cancellation fees. if any) shall be refunded to the Purchaser. Purchaser and Seller authorize Agent/
Broker to disburse funds from the trust account for payment of credit report and appraisal fees prior to closing.
(B) CLOSING COSTS. PR~RATIONS AND CLOSING DATE:
The cost of escrow shall be shared equally between Purchaser and Seller. except those fees which are expressly limited by
Federal Regulation. Seller shall pay for excise tax, title insurance and revenue stamps, unless otherwise specified in writ-
ing. Taxes for the current year, rents. interest, Association. Condominium or Homeowner's fees, water and other utility
charges. if any. shall be pro-rated as of date of closing unless otherwise agreed. Closing, forthe purpose ofthis agreeme,nt,
is defined as the date that all documents are executed and the sale proceeds are available for disbursement to Seller.
Seller shall make available to Purchaser prior to closing. either through the closing agent or the Agent/ Broker. copies of all
instruments to be utilized in completion of this transaction. Any provision contained in the closing instruments shall not
alter in any material way the rights or obligations of the parties as described in this agreement
(C) INCLUDED ITEMS:
The following items are included in the sale unless noted otherwise: linoleum. window screens, screen doors, plumbing
and light fixtures (except floor. standing and swag lamps). attached television antennas, attached carpeting. trees. plants
and shrubs in the yard. built-in appliances, shades. Venetian blinds. curtain rods. all attached bathroom fixtures, attached
apparatus and fixtures (including fireplace screens and doors). awnings, ventilating. heating and cooling systems,
attached irrigation equipment. any oil or other fuel on hand at time of possession. unless otherwise specified.
(D) DEFAULT:
In the event of default by Purchaser. It is agreed that the earnest money shall be forfeited as liquidated damages unless
Seller elects to enforce this agreement, or seek damages for breach thereof. If the earnest money is forfeited as liquidated
damages. said money shall. after deduction of expenses incurred by Agent/ Broker on behalf of the principals, be divided
equally between Seller and Agent/Broker, provided. however, that the amount due Agent/Broker shall not exceed the
agreed brokerage fee. In the event that Purchaser, Seller or Agent/Broker shall commence proceedings or institute suit to
enforce any rights hereunder. the prevailing party shall be entitled to costs and a reasonable attorney' s fee. In the event of a
trial. the amount of attorney's fee shall be fixed by the court. 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 Purchaser shall become null and
void. In the event purchaser obtains possession of the subject property prior to closing, any and all improvements made by
purchaser to the property shall become the property of the seller in the event closing does not occur for any reason.
(E) GENERAL PROVISION:
Seller and Purchaser warrant that AGENT/BROKER makes no representations concerning the condition ofthe property,
boundary lines or size. Purchaser's financing ability, or any other matters concerning the property or parties. unless other-
wise noted herein or in writing separately. SQUARE FOOTAGE: Unless otherwise expressly stated to the contrary on the
reverse hereof. any square footage as to the building or lot used by Seller or any real estate agent in marketing said pro-
perty are understood to be approximations a"d are not intended to be relied upon to determine the fitness or value of the
property. Purchaser has personally observed the property and has reached his own conclusion as to the adequacy and
acceptability of the size and condition of the property based upon said personal inspection.
(F) NOTICE TO SELLER. PURCHASER AND AGENT/BROKER:
This form contains customary provisions for an agreement for the purchase and sale of residential real estate. Jefferson
Title Company of Jefferson County 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 the 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. The Broker or Agent cannot give you legal advice. Federal law may impose certain duties
upon Brokers or Signatories when any of the signatories receive amounts in excess of $10,000.00 U.S. currency (cash)
in connection with real estate closing.
(G) TITLE:
This agreement does not address the reforestation obligations of the parties where timber lands have recently been
logged. If logging on the above described property has recently been conducted. a Notice of Reforestation Obligation
should be completed at or prior to closing.
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Page 3 of 4
ADDENDUM A: Legal De~~ription
PARCEL A:
Lots 5 to 16 inclusive, in Block 12; Lots 1 to 20 inclusive, in Block 13, being all of Block 13; Lots 5 to 10
inclusive, Block 14; Lots 1,2 and 3, and Lots 5 to 20 inclusive, Block 19; Lots 1 to 20 inclusive, Block 20,
being all of Block 20; All being in the townsite of "Quilcene", as per plat recorded in Volume 2 of Plats on
page 33, records of Jefferson County, and Lots 1,2,3 and 10, and Lots 12 to 20 inclusive, all in Block 21
of the Supplementary Plat of "Quilcene", as per plat recorded in Volume 2 of Plats, on page 48, records of
Jefferson County.
TOGETHER WITH those portions of vacated Dunning Avenue, Waite Avenue, Dagnen Avenue, Quilcene
Avenue, Freemont Avenue and Chattanooga Avenue adjoining, which, upon vacation, attached to said
property by operation of law.
That portion of the Northeast 1/4 of Section 24, in Township 27 North, Range 2 West, W.M., described as
follows, to-wit:
Beginning at a point 709.5 feet South of the Northeast comer of said Section 24;
thence South along the said Section line 610.5 feet;
thence West 185 feet;
. thence North 173 feet;
thence West 294 feet;
thence North 35 feet;
thence East 37 feet;
thence North 402 feet;
thence East 479 feet to the point of beginning;
Said parcel being designated on the County Assessor's Plat and Description Book as Tax No 5 of said
Section 24;
. AND, that portion of the Northeast 1/4 of Section 24, in Township 27 North, Range 2 West, W.M.,
described as follows, to-wit:
Beginning at a point 423 feet East of the Southwest comer of the Northeast 1/4 of the Northeast 1/4 of said
Section 24;
thence North 208 feet;
thence East 418 feet;
thence South 35 feet;
thence East 294 feet;
. thence South 173 feet;
thence West 712 feet to the point of beginning; .
Said parcel being designated on the County Assessor's Plat and Description Book as Tax No. 16, of said
Section 24;
AND, that portion of the Northeast 1/4 of said Section 24 in Township 27 North, Range 2 West, W.M.,
described as follows, to-wit:
. Beginning at the Southwest comer of the Northeast 1/4 of the Northeast 1/4 of Section 24;
thence East 423 feet;
thence North 242 and 3/8ths feet;
thence West 215 feet;
thence South 47 and 7/8ths feet;
thence West 208 feet;
thence South 194 1/2 feet to the point of beginning;
Said parcel being designated on the County Assessor's Plat and Description Book as Tax No. 17 of said
Section 24.
PARCEL B:
Lots I to 4, inclusive, Block 14, Townsite ofQuiJcene, as recorded in Volume 2 of Plats, page 33, records
of Jefferson County, Washington.
Situate in the County of Jefferson, State of Washington.
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Purchaser: '/./:;2f?-~." , ;~/ ¡ ,
seller~ Ã~ .
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Page 4 of 4
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ADDENDUM TO PURCHASE AND SALE AGREEMENT:
A salvage value of $24, 850.00 for the 1991 Brookline manufactured home sited on the property
has been determined. Should SELLER choose to keep the improvement and remove it from the
site, SELLER may acquire the right to salvage by paying the $24,850.00 salvage value and by
posting a financial guarantee equal to the salvage amount. The salvage value and the performance
guarantee may be paid by deducting them from the amount of the purchase price.
Should the SELLER wish to remain in residence on the property past the date of closing, a Rental
Agreement will be drawn up by the PURCHASER, with the rental fee in the amount indicated on
the Purchase and Sale Agreement. The Rental Agreement will be reviewed by the Jefferson
County Prosecuting Attorney prior to submission to the SELLER.
Determination of relocation costs pursuant to the federal right of way and relocation laws
universany applied in Washington State will be performed by the Washingtron State Department
of Transportation. This matter win be handled apart from the actual purchase of the property
described in this Purchase and Sale Agreement, and at the discretion of the Board of Còunty
Commissioners.
Seller:
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