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HomeMy WebLinkAbout9410110903 STATUTORY WARRANTY DEED 101194Transamerica 111111 Title Insurance Services FILED FOR RECORD AT REQUEST OF Transamerica Title Insurance Company ~l /Z1 WHEN RECORDED RETURN TO CITY CLERK'S OFFICE Name. .......CITY.DF.AUBURN 25 West Main Adorers A.u.4luen,..Sl A...98Wj.................................... City, State, Zip Statutory Warranty Deed THE GRANTORS JOHN WADKINS and ESTELLA WADKINS, his wife, for and in consideration of fulfillment of real estate contract dated June 8,' 1984, in hand paid, conveys and warrants to the City of Auburn, a municipal corporation, the following described real estate, situated in the County of KING , State of Washington: excise Yax. ~l ~;@IlQP2t:~ A• No... ikcco~ds DiviSiOn BY V1j~aa_1____'DeputY 0 V4 This deed is given in fulfillment of that certain real estate contract between the parties hereto, dated June 8 19 84 , and conditioned for the conveyance of the above described property, and the covenants of warranty herein contained shall not apply to any title, interest or encumbrance arising by, through or under the purchaser in said contract, and shall not apply to any taxes, assessments or other charges levied, assessed or becoming due subsequent to the date of said contract. Real Estate Sales Tax was paid on this sale on June 11, 1984 Rec. No. E0778319 Dated ..Jtme..13I.-..... - ,1994.._..... STATE OF WASHINGTON COUNTY OF........ ...K~11a ss. On this day personally appeared before me John WadkinS & Estella Wadkins to me known to be the individual- described in and who executed the within and foregoing instrument, and acknowledged that ..1hPY-... signed the says„ STATE OF WASHINGTON ss. COUNTY OF On this day of 19............, before me, the undersigned, a Notary Public in and for the State of Wash- ington, duly commissioned and sworn, personally appeared and................. TO me J[nown be the ..........:.......'...:".President and.... Secretary, as ......theirs.. free and vol ac a cjeed,.j0'„JNjQAively, for the uses and purposes the in me Nrlrati that executed the foregoing instrument, and acknowledged s-~A'rE ()F wAcJ V ~nstr ent to be the free and voluntary act and deed of said corpor- r the es and purposes therein mentioned, and on oath stated that ~ ~O~A~~ rr~ r' authorized to execute the said instrument and that the seal GIVEN under my hand a dqe is the porate seal of said corporation. 13... y of E......... fitness my hand and official seal hereto affixed the day and year first above written. otary Publi and for the State of Wash- Notary Public in and for the State of Washington, ington, residing at .Aub=....... I............. residing at................................................. My appointment expires: „.,...6/201.95... My appointment expires: INAL R 3. 13, l,,3 THIS SPACE PROVIDED FOR RECORDER'S USE: RECEIVED OC T 0 11994 KING COUNTY RECORDER U] t t 0 23 rv ca R Gi M O G m CD CD v, C=7 a• x., ru t.PB-1 1 Form No. W961 Rev. 4.76 Lot 1~ of Auburn Short Plat SP-6-80 as recorded King Codnty Audito;'s File i4007Q8Q428 being t a Portion of; Beginning'at the Southeast corner lof'Government Lot'll in the Southeast Quarter of Section 19, :Township 21 North, Range 5 East of the WM.in thg City of Auburn, King County, Washington; thence North 0004'45" East along the East line of'Government Lot 11 in said Section 19, a distance of 70,.08 feet; thence North 413003'17" West along the centerline of vacated (Old) Howard'Road ex- tended a distance of'188 feet, to the true point of beginning; thence continuing along paid vacated centerline North 43003'17" West a distance of 547.05 fe.et;,t,hence South 46056'43" West a• distance of 30 feet to the Southwesterly margin of vacated (Old) Howard.Road;: thence North 43003117"•. West along said vacatedlWesterlg margin, a.distance of 172.99 feet;' thence ,North 46 56 43`. East a distance:of 30 feet to the centerline of said vacated (old)' Howard Road; thence North,43003117" West along said vacated centerline a distance of 103.02 feet'-to the South-- westerly margin of the access road to State Road No.' 5; thence South 62005103" East along said Southwesterly margin a distance of.555.81 feet; thence. continuing along said Southwesterly margin South 0 1 " 69 81 50 East a distance of 149.12 feet to the Westerly margin of "B" Street Southeast; thence ( ,1 South 0004*45" West along said Westerly margin a distan'ce..of 224.93 feet; thence South'.4605.6143"West a distance of 93.92 feet to the point.of beginning; SUBJGCT.TO easement and the terms and conditions thereof for public utilities; to resefvations contained in a Deed retorded•under Recording No 3188607, as jollows.. All coal, iron and minerals and the right ito prospect for and mine such-coal,'.iron and minerals; ;(affects portion east of Auburn-EnumclaK road, aS formerly located) ; 1 CIV CLSVIK, S OFFICE CITY West Maln AUBURN 215 Auburn. WA gg001 REAL ESTATE CONTRACT THIS CONTRACT, made and entered into this 8th day of June, 1984, by and between JOHN WADKINS and ESTELLA WADKINS, his wife, hereinafter called the "Seller", and THE CITY OF AUBURN, a Municipal Corporation, hereinafter called the "Purchaser", WITNESSETH: The Seller hereby agrees to sell to Purchaser and Purchaser hereby agrees to purchase from the Seller, the following- described real estate situate in the City of Auburn, County of King State of Washington, to-wit: Lot 1 of Auburn Short Plat SP-6-80 as recorded King County Auditor's File #8007080428, being a portion of: Beginning at the Southeast corner of Government Lot 11 in the Southeast Quarter of Section 19, Township 21 North, Range 5 East of the WM in the City of Auburn, King County, Washington; thence North 0004'45" East along the East line of Government Lot 11 in said Section 19, a distance 0? of 70.08 feet; thence North 43003117" West along the centerline of vacated (Old) Howard Road ex- tended a distance of 188 feet, to the true point of beginning; thence continuing along said vacated centerline North 43003117" West a distance of 547.05 feet; thence South 46056143" West a distance of 30 feet to the Southwesterly margin of vacated (Old) Howard Road; thence North 43003117" West along said vacated Westerl~ margin, a distance of 172.99 feet; thence North 46 56'43" East a distance of 30 feet to the centerline of said vacated (Old) Howard Road; thence North 43003'17" West along said vacated centerline a distance of 103.02 feet to the South- westerly margin of the access road to State Road No. 5; thence South 62005103" East along said Southwesterly margin a distance of 555.81 feet; thence continuing along said Southwesterly margin South 69081'50" East a distance of 149.12 feet to the Westerly margin of "B" Street Southeast; thence South 0004'45" West along said Westerly margin a distance of 224.93 feet; thence South 46056143" West a distance of 93.92 feet to the point of beginning; SUBJECT TO easement and the terms and conditions thereof for public utilities; to reservations contained in a Deed recorded under Recording No. 3188607, as follows: All coal, iron and minerals and the right to prospect for and mine such coal, iron and minerals; (affects portion east of Auburn-Enumclaw road, as formerly located); Purchase Price: The agreed purchase price for the above- described property is the sum of NINETY NINE THOUSAND EIGHT HUNDRED AND NO/100THS DOLLARS ($99,800.00) of which the sum of TEN.THOUSAND DOLLARS ($10,000.00) has been paid, the receipt of which is hereby REAL ESTATE CONTRACT - Pige 1 acknowledged, and the balance of the purchase price shall be paid ten (10) years after the date of this Contract. IT IS AGREED that the deferred balance shall bear interest at the rate of nine and one-half percent (9-1/2%) per annum and said interest shall be paid to Seller in semi-annual installments of FOUR THOUSAND TWO HUNDRED SIXTY-FIVE and 50/100ths DOLLARS ($4,265.50), commencing six (6) months after the date of this Contract, and with like in- terest payments each six (6) months thereafter for a period of one Hundred Twenty (120) months. All payments to be made hereunder shall be made at 1435 - 21st Street Southeast, Auburn, Washington 98002, or at such other place as Seller may direct in writing. Closing Date: As referred to in this Contract, the closing date shall be the 8th day of June, 1984. Taxes: All taxes and assessments that may, as between Seller and Purchaser, hereafter become a lien upon said real estate shall be the obligation of Purchaser. Title Insurance: Seller agrees to provide a Purchaser's Policy of Title Insurance in standard form, insuring Purchaser to the full amount of the purchase price, against loss or damage by reason of defect in Sellers' title to said real estate as of the date of closing, and containing no exceptions other than the printed general exceptions appearing in said policy; and upon full payment, Seller agrees to execute and deliver to Purchaser a Statutory Warranty Deed to said real estate, except any part thereof hereafter taken for public use, and the same shall be free of encumbrances except any that may attach after date of closing through any person other than the Seller. Possession: The Purchaser shall be entitled to possession of said real estate on the date of closing, and to retain possession so long as Purchaser is not in default hereunder. Purpose: The Purchaser intends to construct a satellite Fire Station upon the property and, in the event of such construction upon this site, the Purchaser shall incorporate the name "WADKINS" into the officially dedicated station name. Early Payoff Penalty: The Seller desires and has contracted for interest-only payments for a period of ten (10) years, and in the event that Purchaser shall deem it necessary to pay the Contract in full prior to the tenth (10th) anniversary date then, in that event, Purchaser shall pay an early payment penalty equal to twenty percent (20%) of the then unpaid balance on the Contract. Successors and Heirs: This Contract shall be binding upon REAL ESTATE CONTRACT - Page 2 the successors in interest of either party, and upon the assignees and/or heirs of either party. Time Is Of The Essence: Time is of the essence of this Con- tract, and IT IS AGREED that in case Purchaser shall fail to promptly make any payment required hereunder, in the time and in the manner herein required, the Seller may elect to declare all of the Purchaser's rights hereunder terminated and, upon so doing, all payments made to Seller by the Purchaser hereunder, and all improvements placed upon said real estate, shall be forfeited to Seller as liquidated damages, and Seller shall have the right to re-enter and take possession of the real estate; and no waiver by Seller of any default on the part of the Purchaser shall be construed as a waiver of any subsequent de- fault. Notices: Service upon the Purchaser of all demands, notices or other papers with respect to forfeiture and termination of the Purchaser's rights may be made by United States mail, postage fully prepaid, by certified mail with a return receipt requested, directed to the Purchaser at Auburn City Hall, Auburn, Washington 98002. Attorneys' Fees: In the event that the Seller shall retain counsel to assist in the enforcement of this Contract or to collect Cr7 any payment required hereunder, the Purchaser agrees to pay a reasonable sum as an attorney fee, and all costs and expenses in connection with such action, whether the same shall go to Judgment or not, and IT IS rf FURTHER AGREED that all such sums shall be included in any Judgment or decree which may be entered in such suit. IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the.date first herein written. L "J 4~ JO WADKINS ESTELLA WADKINS CITY OF A URN By M yor 41 Attested By &"60A t_~C City Clerk STATE OF WASHINGTON ) } ss: County of KING ) THIS IS TO CERTIFY that on this date personally appeared REAL ESTATE CONTRACT'- Page 3 before me, the undersigned Notary Public in and for the State of Washington, JOHN WADKINS and ESTELLA WADKINS, to me known to be the individuals described in and who executed the within and fore- going instrument, and who acknowledged to me that they had executed the same as their respective free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this 17 _1~16 day of JUNE, 1984: T- O RY PUBLIC in and,:fow the State o Washington, residing at Auburn .r1 REAL ESTATE CONTRACT- Page 4