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CAG2001-0487 - Original - Ventis Capital, LLC - Deed & Easement Tax Parcel 052202-9257-05 & 052205-9225-04 - 02/15/2001
REAL ESTATE PURCHASE AND SALE AGREEMENT This Agreement is made as of the date this instrument is fully executed by and between VENTIS CAPITAL, LLC, a Washington limited liability company ("Seller"), THE CITY OF KENT, a municipal corporation of the State of Washington ("Buyer"), and KING COUNTY, a political subdivision of the State of Washington, for purchase and sale of that certain property situated in King County, Washington, described on Exhibit "A", and all rights appurtenant (the "Property"). 1. CONSIDERATION: In consideration of the Seller's agreement to convey the Property to the Buyer and the Buyer's agreement to accept the property encumbered with a conservation easement and a covenant to maintain the property in perpetuity as a public park, public recreational facility, and/or public open space, King County agrees to issue to the Seller 32 Development Credits (referred to herein as "Development Credits")pursuant to King County Code Sections: K.C.C. 21A.12, et seq.; K.C.C. 21A.36, and K.C.C. 21A.55, as in effect as of the date of this Agreement (or as hereinafter may be enacted); and the terms, conditions and provisions of which are incorporated herein by this reference as if set forth in full. The Development Credits allocable to the Property (referred to in the King County Code as the "Sending Site") have been determined in accordance with Buyer's "Density Calculation Worksheet", a copy of which is attached hereto as Exhibit "B". The transfer of such Development Credits to Seller shall be evidenced by delivery to the Seller at Closing King County's executed Certification Letter. The parties understand and acknowledge that if the City of Seattle, Bellevue, Redmond and/or any other municipality located in King County should adopt a program which recognizes the validity of the Development Credits in connection with development of property located within the jurisdiction(s) of said municipality(s), then Seller (or Seller's successor and/or assigns) may be permitted to use all or one or more of said Development Credits as permitted by such municipality in connection with the development of property located within said other jurisdictions even though the"Receiving Site"is not within the jurisdiction and control of King County. Further the parties understand and acknowledge that following the issuance of said Development Credits to Seller, Seller, at Seller's option, shall have the right to sell or otherwise transfer all or any portion of the Development Credits to another person or entity, who, in turn, will succeed to Seller's rights relating to the transferred Development Credits. In the event of such a sale/transfer by Seller, King County, at Seller's request, will execute and deliver to the transferee a written confirmation acknowledging the transferee's succession to Seller's rights with respect to the Development Credits so transferred. TDC Purchase and Sale-Davis-Kent.doc Page 1 of 23 2/13/01 2. TITLE: 2.1 Deed: At closing, Seller will execute and deliver to Buyer a Statutory Warranty Deed conveying and warranting good and marketable title to the Property free and clear of all defects or encumbrances except for the lien of real estate taxes and drainage service charges not yet due and payable,the conservation easement and covenant for park use set forth in Exhibit"C",and those defects and/or encumbrances (if any) identified on Exhibit "D" (collectively, "Permitted Exceptions"). 2.2 Easement: As part of the consideration for this Agreement, Seller agrees to execute the Easement attached as Exhibit "E" to the Agreement, which grants Buyer an easement for ingress, egress and utilities over the West 25 feet of the following described property: The South 267 feet of the North 282 feet of the East half of that portion of the Northeast quarter of the Southwest quarter of the.Southeast quarter of Section 5, Township 22 North, Range 5 East, W.M., in King County, Washington, lying Westerly of the East 330 feet; EXCEPT the East 80 feet of the North 150 feet thereof (ALSO KNOWN AS Lot A of King County Lot Line Adjustment No. 883083). 2.3 Title Insurance: At closing, Buyer shall receive (at Seller's expense) an owner's Standard ALTA policy of title insurance, dated as of the closing date and insuring Buyer in the amount of the Purchase Price against loss or damage by reason of defect in Buyer's title to the Property subject only to the printed exclusions appearing in the policy form and any Permitted Exceptions. 3. CONTINGENCIES: 3.1 Environmental Review Contingency: (1) Buyer shall have until February 12, 2001 in which to conduct an Environmental Assessment of the Property. During the Environmental Assessment Period, the Seller shall give the Buyer and its employees, agents and consultants full access to the Property. Buyer shall repair any damage to the Property caused by Buyer, its employees, agents or consultants, during inspection and shall protect, defend and hold Seller harmless from any claims, liabilities, costs or liens that may be filed against the Seller or the Property as a result of such due diligence investigation. (2) Buyer's Environmental Assessment may include (but is not limited to) a Phase I and/or Phase II environmental assessment. (3)A Phase I Environmental Assessment generally will consist of a review of title of ownership and land use, review of geologic and hydrologic maps of the area, review of federal and state databases for known hazardous water generators or contaminated sites and a site visit. If the Phase I review reveals the potential of a contaminated site, a Phase II Environmental Assessment may be conducted which generally will consist of on-site sampling, including the digging or boring of test holes for soil samples. By executing this Agreement, Seller hereby authorizes Buyer a right of entry on to the Property for the purpose of conducting this feasibility study including a Phase I, and if necessary, a Phase II Environmental Assessment. Seller will be notified if a Phase H Environmental Assessment is to be conducted. (4) Buyer's obligations under this Agreement shall be expressly subject to its approval of the Environmental Assessment, such approval to be given if TUC Purchase and Sale-Davis-Kent.doc Page 2 of 23 2/13101 the results of the Environmental Assessment shows the condition of the Property to be consistent with the uses under the Conservation Easement in Exhibit C. Buyer shall deliver written notice to Seller and the closing agent on or before February 12, 2001, that it has either: (a) elected to terminate this Agreement, and neither party hereto shall have any further rights or obligations under this Agreement; or(b) Buyer has elected to proceed with accepting the conveyance of the Property. If Buyer fails to deliver written notice to Seller and the closing agent prior to the expiration of the Environmental Assessment Period, Buyer shall be deemed to have elected not to proceed with accepting the conveyance of the Property. (5) Seller shall deliver full and complete copies of all environmental reports, studies and data regarding the environmental condition of the Property in Seller's possession or control to the Buyer for its review on or before February 16,2001. 3.2 Council Approval: The sale of the Property is contingent on acceptance by the City Council of the City of Kent of the terms and conditions of this Agreement prior to the termination of the Environmental Assessment Period stated in Paragraph 3.1, above. 4. RISK OF LOSS: Seller will bear the risk of loss of or damage to the Property prior to closing. In the event of such loss or damage to the Easement, Seller shall promptly notify Buyer thereof and Buyer may, in its sole discretion, terminate this Agreement by giving notice of termination to the Seller. 5. SELLERS' REPRESENTATIONS, WARRANTIES AND COVENANTS: Seller represents, warrants and covenants to the Buyer at the date of execution of this Agreement and the date of closing that: 5.1 Authority: Seller, and the person signing on behalf of Seller, has full power and authority to execute this Agreement and perform Seller's obligations, and if Seller is a corporation, all necessary corporate action to authorize this transaction has been taken; 5.2 No Leases: The Property is not subject to any leases, tenancies or rights of persons in possession; 5.3 No Material Defect: Seller is unaware of any material defect in the Property; 5.4 Debris and Personal Property: Prior to closing, Seller will remove all debris and personal property (if any), except those items necessary to conduct Forest Management, located on the property at Seller's cost and expense, and Seller will indemnify and hold Buyer harmless from all claims and expenses arising from such removal; TDC Purchase and Sale-Davis-Kent.doc Page 3 of 23 2/13/01 5.5 Contamination: Seller represents and wan-ants that he/she/it has not caused or allowed the general treatment, storage or disposal of hazardous substances on the property, except in accordance with local, state, and federal statutes and regulations, nor caused or allowed the release of any hazardous substance onto, at, or near the Property. Seller is in compliance with all applicable laws, rules, and regulations regarding the handling of hazardous substances, has secured all necessary permits, licenses and approvals necessary to Seller's activities on the property and is in compliance with such permits. Seller has not received notice of any proceedings, claims, or lawsuits arising out of its operations on the Property and, to the Seller's knowledge, the property is not,nor has it ever been subject to the release of hazardous substances; 5.6 Fees and Commissions: Seller shall pay for any broker's or other commissions or fees incurred by the Seller in connection with the sale of the Property and Seller shall indemnify and hold Buyer harmless from all such claims for commission and/or fees; and 5.7 Indemnification: Seller agrees to indemnify, defend, and hold harmless Buyer, its employees, agents, heirs and assigns, from and against any and all damage, claim, liability, or loss, including reasonable attomey's and other fees, arising out of or in any way connected to the breach of any representation or warranty contained herein. Such duty of indemnification shall include, but not be limited to, damage, liability, or loss pursuant to all federal environmental laws, Washington State environmental laws, strict liability and common law. 6. CLOSING: 6.1 Time for Closing: The sale will be closed in the office of the Closing Agent not later than February 16,2001. Buyer and Seller shall deposit its Deed and sufficient funds to satisfy the obligation for payment of Real Estate taxes through the remainder of the current year and Excise Tax, if any,with King County. King County will cause to be recorded said Deed. As used in this Agreement, "closing" and "date of closing" means the date on which all appropriate documents are recorded and the Option is available for Seller. 6.2 Prorations; Closing Costs: Seller will pay real estate excise taxes (if any are due), the cost of Buyer's title insurance policy,real property taxes through the end of the current tax year, and one half of the escrow processing fee charged by King County. Seller will be required to apply to the King County Assessor for a refund of any overpayment of real estate taxes. Buyer will pay the cost of recording the Statutory Warranty Deed from the Seller, an half of escrow processing fee charged by King Countyo. &15ivt t lsx�bttice�w tom. %I( (ol 6.3 Possession: Buyer shall be entitled to possession of the Property at Closing. TDC Purchase and Sale-Davis-Kent.doc Page 4 of23 2/13/01 7. NOTICES: Any notices required herein shall be given to the parties at the addresses listed below: TO SELLER: TO BUYER: Ventis Capital, LLC John Hodgson, Director Greg Jones Department of Parks and Recreation 5832 167 h Avenue Southeast City of Kent Bellevue,WA 98006 220 Fourth Avenue South Kent, WA 98032-5895 WITH A COPY TO: King County Department of Natural Resources 201 South Jackson Street Suite 600 Seattle, WA 98104 8. GENERAL: This is the entire agreement of the Buyer, Seller and King County with respect to the Property and supersedes all prior or contemporaneous agreements between them, written or oral. This Agreement may be modified only in writing, signed by Buyer, Seller and King County. Any waivers under this agreement must be in writing. A waiver of any right or remedy in the event of a default will not constitute a waiver of such right or remedy in the event of any subsequent default. This Agreement is for the benefit of, and binding upon, Buyer, Seller, and King County and their heirs, personal representatives, successors and assigns. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision. Time is of the essence in this agreement. 9. WASTE; ALTERATION OF PROPERTY: Seller shall not commit waste on the Property, nor shall Seller remove trees or other vegetation, coal, minerals or other valuable materials nor shall Seller substantially alter the surface or subsurface of the Property without the express written consent of Buyer. 10. SURVIVAL OF WARRANTIES: The terms, covenants, representations and warranties shall not merge in the conveyance, but shall survive closing. TDC Purchase and Sale-Davis-Kent.doc Page 5 of23 2/13/01 11. TERMINATION OF OFFER: This offer shall terminate if not accepted by Seller on or before February 10,2001. Signed in duplicate original. VENTIS CAPITAL,LLC CITY: A Washington Limited Liability Company CITY NT A Was n'— ' 'p on �h By _ By 11M Whit-, Its w mize Xw a Its Mayor Date- //�GI Date: APPROVED AS TO FORM: KIM ADAMS PRATT Assistant City Attorney KING COUNTY, a political subdivision of the State of Washington BY: Pam Bissonnette, Director Department of Natural Resources EXHIBITS: Exhibit A,Legal Description Exhibit B,Density Calculation Worksheet Exhibit C,Conservation Easement and Covenant for Park Use Exhibit D,Permitted Exception/Title Report Exhibit E,Easement for ingress,egress and utilities TDC Purchase and Sale-Davis-Kent.doc Page 6 of 23 2/13/01 11. TERMINATION OF OFFER: This offer shall terminate if not accepted by Seller on or before February 10, 2001. Signed in duplicate original. VENTIS CAPITAL,LLC CITY: A Washington Limited Liability Company CITY OF KENT A Washington municipal corporation By By Lim White Its Its Mayor Date: Date: APPROVED AS TO FORM: KIM ADAMS PRATT Assistant City Attorney KING COUNTY, a political subdivision of the State of Washington BY: yl ,• A55i5�ttit l�+kG�Cri ��'f �►tGf12LS�� �1'i5ivy✓ EXHIBITS: Exhibit A,Legal Description Exhibit B,Density Calculation Worksheet Exhibit C,Conservation Easement and Covenant for Park Use Exhibit D,Permitted Exception/Title Report Exhibit E,Easement for ingress, egress and utilities TDC Purchase and Sale-Davis-Kent.doc Page 6 of 23 02/14/01 STATE OF WASHINGTON ) )ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that Jim White is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument and acknowledged it as the Mayor of the City of Kent to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: 0++�+�► �A N Public in d or the S to of Washington �.. •M Residing My appointme t expires �•4� ,4 o�f-�/�/iCLr _L ��/iSTE�2 � R rAfw STATE b INGTON) )ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that_he signed this instrument, on oath stated that he is authorized to execute the instrument and acknowledged it as the Director, Department of Natural Resources of King County to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Notary Public in and for the State of Washington Residing at My appointment expires TDC Purchase and Sale-Davis-Kent.doc Page 7 of 23 2113/01 STATE OF WASHINGTON ) )ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that Jim White is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument and acknowledged it as the Mayor of the City of Kent to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Notary Public in and for the State of Washington Residing at My appointment expires STATE OF WASHINGTON) )ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Pf-a o if is the person who appeared before me, and said person acknowledged that She signed this instrument, on oath stated that She is authorized to execute the instrument and acknowledged it as the z'NA RBSJJ S U V'• "', Department of Natural Resources of King County to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: 2- ►y o( �t D E G o od2, ........... F Notary Public in and for tWState of Washington /� � Residing at W,-tj7,)a. wp, : NOTARY `�' = My appointment expiresT�oZ r _ P At i TDC Purchase and Sale-Davis-Kent.doc Page 7 of 23 02/14/01 STATE OF WASHINGTON, } }ss. KING COUNTY } I hereby certify that I know or have satisfactory evidence that Gi2t� z3o1,.E� is/are the person(s) who appeared before me, and said person(s) acknowledged that_he signed this instrument, on oath stated that_he is/are authorized to execute the instrument and acknowledged it as the p4yje," &_.of Ventis Capital,LLC, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: , Notar ublic in and for the State of Washington, EBY Rj�� residi gat 1 0 p \gg1�NFCptl, My appointment expires U>,10TARy , TDC Purchase and Sale-Davis-Kent.doc Page 8 of 23 2/13/01 EXHIBIT A LEGAL DESCRIPTION The East half of that portion of the Northeast quarter of the Southwest quarter of the Southeast quarter of Section 5, Township 22 North, Range 5 East, W.M., in King County, Washington, lying Westerly of the East 330 feet; EXCEPT the North 282 feet thereof; (ALSO KNOWN AS Lot B of King County Lot line Adjustment No. 883083.) TOGETHER WITH an easement for ingress, egress and utilities over the West 25 feet of the following described property: The South 267 feet of the North 282 feet of the East half of that portion of the Northeast quarter of the Southwest quarter of the Southeast quarter of Section 5, Township 22 North, Range 5 East, W.M., in King County, Washington, lying Westerly of the East 330 feet; EXCEPT the East 80 feet of the North 150 feet thereof; (ALSO KNOWN AS Lot A of King County Lot Line Adjustment No. 883083.) TDC Purchase and Sale-Davis-Kent.doc Page 9 of 23 2113/01 1 EXHIBIT B DENSITY CALCULATION WORKSHEET fee ,rr IA9tj TDC Purchase and Sale-Davis-Kent.docPage 10 of 23 2/13/01 Received: 2/12/01 11 :57; 2538593738 -> LAW OFFICE; Pape 2 02/12/2001 12:54 2538593738 DAVIS CONSLUING PAGE 02 5Lp 14 '99 12:04PM Wo & KS LAND$ SCC TRANSFER OF DEVELOPROW CREDIT MG COUNTY CODE 21AM " � SENDING SITES DENSITY CALCULATION WORKSNEET lYata wwlrahsae it bei�Psp�is aetotdaaes wdk tYs 1lsedar of Da+ratepmsat��Pilot A(mi Coma Colo 21A.35)to dttamim tha swat t ofmod=W doM*am be i mdto+ad bmaWpmvodmd aita. lbb wudmhw is peal "to aWiu vpucmb ad ibsbkngney Wow Commbm%ad dm m ap]= campliaoos with am and bdust imt Afw — SF.NDilMG SITEPRpTffit1Y0 Nan AMnut 1167-04 Pbow Nwow: 53�st� 1SZ� mmmG s=TAx LOT (Bh D�� Z SRNDM SM ZO? MG: 2m JAM -- -aw WDUM UM FARM SIZE: 143y At&A tjittpnr Nr�t ars notri alp�ataiat eiaitlt ew ebe ,die tlreplaot asrotiA�ow ebe boeurdrry . betwww eAe mats�atd the was Gri teach. !A swA cam dendW ermO moat be cokm od All W*Jbre"w" D#MWj mate ecru be cokuf Ard fors"fm dotseparW*ifs seams A&cvmddu Rom AWN act am lad: pktle_�amskte only� 4,1�, tarot. . tapmlertt.t9D1 rtp l att . Received: 2/12/01 11 :57; 2538593736 -� LAW OFFICE; Pepe 3 02/12/2001 12:54 2538593738 DAVIS CONSU-TING PAS 03 r `r'T ` . L M the awmber a rummtba dereiapea4ot aeft*0 en nealeo4 &VW Was momft aim=06 9-4 0=0 R 4t is diyble a aeidto sn spproned ra�siwtes Nte abail bt deNemYkd d ibllow� 2S%af*vbmnm loot foroahnif0ebleeeoaiti»trees: Ilnbofld"r in W an an Clow 1 ad abw 2 wa loo t,mosm tr doper M9'pataeat oe dwW,mod their moeiaed bdreta, Am" Beat that are 4nbroerpd U*a dwiwd by K.C.C.21A.K iMS. (!1M&Thie 29li datcouat shall not apply to urban ieadio=rile oeetidedpefar m Deaamber 31,199t.) 1007i dentily artdi<ib[fhs pmtlat O[tlte aloa oat:♦de a[tus6e��hde traedeiw star b t6s fOH01ri0S: any poetfoa ol1M wile a4eady to i eoitav+kian eatanmt Or edler timiler mwmbrimar, my Md am iloody male oekW*mWwditl 4**for odw derelolmom wiWia the eet►dint tits wy w1 merpd Lade.a ddoed by LC.C.2lA.0CW;expand oft,, sad metesat.mldsdint+obsc]% byx tCin+hmMawn OPIL CALCUTATXM - s4g►s. 5 .`11 sax otamdlrs dlt pn ogn+ne seat) . ,_,,,,,�_aeq io m6nildabte amtidri stw and bWhtt�exapt eai6maeied Loch(in a4am� TOTAL AM 01Ti N UIiBDZAUK SBNKW Z AU" vgon key Slept. �_...1..egteia>ket io aaaferratioa eewaeot w o1w eotymb um egge[s 1*eat fs lend wedto eekvleee raldrtaW �sqwmqmf&nljowuftp- Up _„��eglttes fin fn eobateeisd Leda ' vgwm tbaip am MpLood by Xfy COY to rants apes TOTAL VIDU TOM(in qnn fat) saps. MAL ARBA 0VM6 UNMMX 1t8L65$16trlVSARUS(m opmn 64 • TOTAL VMCrAMM(in tgaaea tali) M 6011 TOTAL AA=A RW&PMG 100%' f C M=(in pluua Nq ttep�. Wllply TOTALAMA III HUUMA1l1.13 SHdS IM ABU AMBUFPU%MMT SUBMR =LAND& (bi tgwee f*dmat 25%for TOTAL AUA RWQVMO 23K MM"C=ff(is ogwea feat). Add the TOTAL AREA RBMWMG 100%Dan=CItT=(fn mom tee0 and the TOTAL ARM RBMVM 2$%D13 WTY CWU On egweo lk4IW TOTAL AXMA ASCWMO MOM Cit U. p�par�rttTOTAL Au&uomvMG mcsffY CB wip ema by*vldiotby 43.m 1 ,'5H 6 Mop 7. KW**To=AMA IBCMVM DMM MW Cm mw)Um MAXDMW[Y*MY-C.C.2lA.12A" to dttamdot TOTAL�CRIEDITL �._.._.,.�,.,.,, tAte.r�.e7r.tltt w„a:.ct r EXHIBIT C CONSERVATION EASEMENT AND COVENANT FOR PARK USE When Recorded Mail To: King County Water and Lands Resources Division Office of Open Space 506 Second Avenue, Suite 708 Seattle, WA 98104 DEED OF CONSERVATION EASEMENT Grantor [Seller]: Ventis Capital, LLC, a Washington limited liability company. Grantee [Buyer]: King County,a political subdivision of the State of Washington. Legal Description(abbreviated): SWt/,, SEYa 5-22-5 ,Additional legal(s) on Page 15 (Exhibit Assessor's Tax Parcel ID#: 052205-9257-05, 052205-9225-04. This Deed of Conservation Easement is granted on this day of 2001, by VENTIS CAPITAL, LLC, a Washington limited liability company ("Grantors"), to King County, a political subdivision of the State of Washington, ("Grantee"), for the purpose of forever conserving the open space character, ecological significance, native vegetation and wildlife habitat features of the subject property. RRC ITAi.S The Grantors are the sole owners in fee simple of the real property("Protected Property") legally described in Exhibit A, attached to and made a part of this Deed, which consists of approximately 1.34 acres of land located in King County, Washington. A map of the property is attached, and made part of this deed, as Exhibit B. The Protected Property is described on Exhibit A, attached hereto. The conservation features of the Protected Property, its current use and state of improvement, are described in a Present Conditions Report, prepared by the Grantee with the cooperation of the Grantors, and acknowledged by both to be complete and accurate, to the best of their knowledge, as of the date of this Deed. Both the Grantors and Grantee have been provided copies of the Report. The Report will be used by the Grantee to monitor compliance with the terms of this grant and to assure that any future changes in the use of the Property will be consistent with the TDC Purchase and Sale-Davis-Kent.doc Page l 1 of 23 2/13/01 terms of this Deed. The Report is not intended to preclude the use of other evidence to establish the present condition of the Property if there is a controversy over its use. The Grantors are selling the property interest conveyed by this Deed for the purpose of assuring that, under the Grantee's perpetual monitoring, the conservation features of the Protected Property will be conserved and maintained in perpetuity, and that uses of the Protected Property that are inconsistent with these conservation purposes will be prevented or corrected. The parties agree, however, that the current use of, and improvements to, the Protected Property are consistent with the conservation purposes of this Deed. The conservation purposes of this Deed are recognized by, and the grant of this Deed will serve, the following clearly delineated governmental conservation policies: 1. King County Draft Open Space Plan, which created the King County Open Space Program "...to protect King County's natural beauty and environmental quality...and to develop and maintain a dynamic open space system for the enjoyment and benefit for all." 2. Conservation Futures Tax Ordinance No. 10150, in which the King County Council finds there is an "increasing need to provide a system of public open spaces necessary for the health, welfare, benefit and safety of the residents of King County and to maintain King County as a desirable place to live, visit and locate businesses." 3. Conservation Futures Tax Ordinance No. 11068, in which King County establishes funding for the "purposes of acquiring public green spaces, green belts, open space, parks and trails..." 4. Waterways Motion No. 9175, in which King County commits to "preserving critical waterways in order to preserve these systems for habitat and recreational purposes." 5. Waterways Ordinance No. 11713, which allocates "remaining Waterways 2000 program funds to specific projects for purchase of interests in land, including fee simple and conservation easements..." 6. R.C.W. 84.34.010, in which the Washington State Legislature has declared "that it is in the best interests of the state to maintain, preserve, conserve and otherwise continue in existence adequate open space lands for the production of food, fiber and forest crops, and to assure the use and enjoyment of natural resources and scenic beauty for the economic and social well-being of the state and its citizens." The Grantee is a"qualified conservation organization," as defined by the Internal Revenue Code, and accepts the responsibility of enforcing the terms of this Deed and upholding its conservation purposes forever. TDC Purchase and Sale-Davis-Kent.docPage 12 of 23 2/13/01 1. Grant of Easement Now, Therefore, for the reasons given, and in consideration of their mutual promises, covenants, terms and restrictions contained herein, and for other good and valuable consideration, the Grantors voluntarily grant and convey to the Grantee, and the Grantee accepts, as permitted by R.C.W. 64.04.130 and R.C.W. 84.34, a conservation easement in perpetuity, over the Protected Property on the terms and conditions set forth herein (Easement) exclusively for the purpose of conserving and forever maintaining the open space character, ecological significance, and wildlife habitat of the Property. Grantor expressly intends that this Easement runs with the land and that this Easement shall be binding on Grantor's successors and assigns. 2. Purpose It is the purpose of this Easement to assure that the Protected Property will be retained forever in its open space condition and to prevent any use of the property that will significantly impair or interfere with the conservation features of the Protected Property. Grantors and Grantee intend that this Easement will confine the use of the Property to such activities, including, without limitation, those involving public recreation, education, etc. as are consistent with the purpose of this Easement. 3. Rights of Grantee To accomplish the purpose of this Easement the following rights are conveyed to Grantee by this Easement: (a) To preserve and protect the conservation values of the Protected Property. (b) To enter upon the Protected Property at reasonable times in order to monitor Grantor's compliance with and otherwise enforce the terms of this Easement; provided that such entry shall be upon prior reasonable notice to Grantors' use and quiet enjoyment of the Protected Property; and (c) To prevent any activity on or use of the Protected Property that is inconsistent with the purpose of this Easement and to require the restoration of such areas or features of the Protected Property that may be damaged by any inconsistent activity or use, pursuant to paragraph 7. 4. Prohibited Uses Any activity on or use of the Protected Property inconsistent with the purpose of this Easement is prohibited. Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited: TDC Purchase and Sale-Davis-Kent.docPage 13 of 23 2/13/01 Subdivision and Development Rights Grantor hereby grants to Grantee all development rights applicable to Protected Property, including the legal or defacto subdivision of the Protected Property, except those specifically reserved under this agreement, that are now or hereafter allocated to, implied, reserved or inherent in the Protected Property. The parties agree that such rights are terminated and extinguished, and may not be used on or transferred to any other portion of the Protected Property as it now or hereafter may be bounded or described, or to any other property adjacent or otherwise, nor used for the purpose of calculating permissible lot yield of the Property or any other property. Buildings or Structures Constructing or installing any building, shed, parking area or other structure is prohibited on the Protected Property. Impermanent structures including mobile homes, campers, other live-in vehicles, boats on trailers, horse trailers or other trailers are prohibited on the Protected Property. Notwithstanding the above restriction, nothing herein shall prohibit the Grantor, his successors and or assigns from installing playground equipment, and up to two accessible parking spaces in connection with a neighborhood park facility. Wetlands Any activity on the Property that changes, disturbs, alters or impairs the plant and animal habitat, ecological value or scenic qualities of the wetland is prohibited. These activities include, but are not limited to: (a) artificially draining water into or out of the wetland; (b) grading, filling or compacting wetland soils; (c) use of biocides; (d) conducting grazing domestic animals or agricultural activities of any kind; and (e) hunting or trapping. Nothing in this agreement shall be construed to prohibit management of the wetland located on the Protected Property for its ecological value or to prohibit restoration or enhancement of the wetland pursuant to Section 7 of this easement. Paving and Road and Trail Construction Except to the extent necessary in connection with respect to the installation, maintenance, access to, and use of playground equipment on the Protected Property, no portion of the Protected Property that is not already paved shall be paved or otherwise be covdred with concrete, asphalt, TDC Purchase and Sale-Davis-Kent.doc Page 14 of 23 2/13/01 gravel crushed rock, wood shavings or any other paving or surfacing material. Further, there shall be no construction of any road for any purpose on the Protected Property. Except in connection with access to and use of said playground equipment, clearing for or construction of any trail is expressly prohibited on the Protected Property unless approved by permit by the King County Natural Resources Division Mining Limitations The mining or extraction of soil, sand, gravel, rock, oil, natural gas, fuel, coal, peat, sod or any other mineral substance, using any method that disturbs the surface of the land is prohibited except as necessary for installation or repair of utilities, water systems or septic systems serving any existing building or structure. Conducting exploration for any minerals or hydrocarbons is prohibited. Trash and Dumping The dumping or accumulation of any kind of trash, refuse or chemicals on the Protected Property is strictly prohibited. Recreational Uses The following are prohibited recreational uses of the Protected Property: (1) golf courses; (2) the operation of motorcycles, dune buggies, or other types of motorized vehicles for recreational uses; (3) commercial hunting or trapping; (4) commercial overnight camping; (5) transient accommodations; (6)shooting or target practice. and (7) use of the Protected Property for any commercial public recreation. Signs Placement of commercial signs, billboards, or other commercial advertising material on the Protected Property, except for signs identifying the facility as a neighborhood park, is prohibited, except in connection with the sale or lease of the Protected Property. Limitations to altering surface water, subsurface water or channeling water Any alteration of the surface water channels on the Protected Property including the removal of fallen trees, gravel or rocks from the water channel or the damming of the water channel, including the lining of the water channel with rocks, wood, trees, sand bags, or other materials, without the prior approval of the King County Surface Water Management Division. Further, there shall be no drilling of any new well for any purpose on the Protected Property, nor shall there be any draining or piping of surface water on the Protected Property. TDC Purchase and Sale-Davis-Kent.docPage 15 of23 2/13/01 5. Reserved Rights Grantors reserve to themselves, and to their personal representatives, heirs, successors, and assigns, all rights and obligations accruing from their ownership of the Protected Property, including the right to engage in or permit or invite others to engage in all uses of the Protected Property that are not expressly prohibited herein and are not inconsistent with the purpose of this Easement 6. Responsibilities of Grantors Not Affected Other than as specific herein, this Deed is not intended to impose any legal or other responsibility on the Grantee, or in any way to affect any existing obligation of the Grantors as owners of the Protected Property. This shall apply to: (a) Taxes -- The Grantors shall continue to be solely responsible for payment of all taxes and assessments levied against the Protected Property. Upon five days written notice to the Grantors, the Grantee shall have the right, but not the obligation, to pay any taxes or assessments levied against the Property in accordance with any bill, statement or estimate procured from the appropriate authority. If the Grantee ever pays any taxes or assessments levied against the Property, the Grantors shall reimburse the Grantee for the same, with interest until reimbursed at the lesser of ten percent or the maximum rate allowed by law. The Grantors shall reimburse the Grantee for these sums plus any redsonable attorneys fees and court costs incurred to collect such SUMS. (b) Upkeep and Maintenance -- The Grantors shall continue to be solely responsible for the upkeep and maintenance of the Protected Property, to the extent it may be required by law. The Grantees shall have no obligation for the upkeep or maintenance of the Protected Property. (c) Liability and Indemnification -- If the Grantee is ever required by a court to pay damages resulting from personal injury or property damage that occurs on the Protected Property, the Grantors shall indemnify and reimburse the Grantee for these payments, as well as for reasonable attorneys fees and other expenses of defending itself, unless the Grantee or any of its agents have committed a deliberate wrongful act or negligent act that is determined by a court to be a cause of the injury or damage. (d) Land Use -- For any use of the Property permitted under this easement, the Grantors must comply with all applicable county, state and federal laws and regulation. 7. Grantee's Right to Restore the Protected Property In the event the open space character, ecological significance or wildlife habitat of the Protected Property are impaired by an Act of God, the Grantee shall have the right, but not the obligation, to restore all or portions of the Protected Property. TDC Purchase and Sale-Davis-Kent.doc Page 16 of 23 2113/01 8. Access The is easement is conveyed together with a right of access to the general public for use as a neighborhood park. 9. Enforcement (a) Grantee's Rights --The Grantee shall have the right to prevent and correct violations of the terms of this Deed. With reasonable advance notice to the Grantors, the Grantee may enter the Protected Property for the purpose of inspecting for violations. If the Grantee finds what it believes is a violation, it may at its discretion take appropriate legal action. Except when an ongoing or imminent violation could irreversibly diminish or impair the open space character, ecological significance, or wildlife habitat of the Protected Property, the Grantee shall give the Grantors written notice of the violation and thirty(30) days to correct it before filing any legal action or proceeding to arbitration under paragraph 8b. If a court with jurisdiction determines that a violation may exist or has occurred, the Grantee may get an injunction to stop it, temporarily or permanently. A court may also issue an injunction to require the Grantors to restore the Protected Property to its condition prior to the violation. In any case where a court finds that a violation has occurred, the Grantors shall reimburse the Grantee for all its expenses incurred in stopping and correcting the violation, including but not limited to reasonable attorney's fees and court costs. The failure of the Grantee to discover a violation or to take immediate legal action shall not bar it from doing so at a later time provided that Grantee must act with reasonable promptness upon discovery to correct any claimed violation. Nothing herein shall limit Grantee's other remedies. (b) Alternative Right to Arbitrate -- If a dispute arises between the parties concerning the consistency of any proposed use or action with the purposes and restrictions of this deed, and the Grantors agree not to proceed with the use or action pending resolution of the dispute, then the parties, on mutual written consent, may proceed to resolve the dispute by arbitration as follows: (i) The parties shall each select one person as arbitrator. These two arbitrators shall agree on the selection of a third arbitrator. If there is a delay of more than ten days in the naming of any arbitrator, either party can ask the presiding judge of King County to name any remaining arbitrator(s). TDC Purchase and Sale-Davis-Kent.docPap 17 of23 2/13/01 (ii) The dispute shall be promptly resolved on the basis approved by any two of the three arbitrators. Unless the parties agree otherwise in writing, the dispute shall be considered at an arbitration session that shall occur no later that thirty days from the date the last of the three arbitrators is appointed. (iii) The prevailing party shall be entitled to recover from the other party all costs and expenses, including reasonable attorneys' fees. The arbitrators shall determine which party, if any, is the prevailing party. (iv) The parties agree that in the absence of fraud by one of the parties, the arbitrators' decision shall be binding, final and not appealable to any court of law. (c) Grantor's Rights -- The Grantors shall have the right to the timely and reasonable consent of the Grantee when appropriate under this easement, and a court with jurisdiction may issue an injunction or any other process to mandate the same. Where a court finds that consent was unreasonably withheld, consent shall be deemed to be given and, the Grantee shall reimburse the Grantors for all reasonable costs incurred in enforcing consent including but not limited to reasonable attorney's and court costs. 10. Notice of Transfer of Protected Property by Grantor and Successor and Assigns Anytime the Protected Property itself, or any interest in it is transferred by the Grantor to a third party, the Grantor, its successors and assigns, shall notify the Grantee in writing, and the document of conveyance shall expressly refer to this Deed of Conservation Easement. 11. Termination of Easement If a court of competent jurisdiction determines that conditions on or surrounding the Protected Property change so much that it becomes impossible to fulfill at least one of the conservation purposes of this Easement, the court may, at the joint request of both the Grantors and Grantee, terminate in whole or in part the Easement created by this Deed. If the Easement is terminated and the Property is sold or taken for a public use other than contemplated by the parties, the Grantee shall be entitled to a percentage of the gross sale proceeds of condemnation award equal to 50% (the ratio of the appraised value of this easement to the unrestricted fair market value of the Property, as these values are determined on the date of this Deed.) The Grantee shall use the proceeds consistently with the conservation purposes of this Deed. Grantee shall purchase equivalent property with similar conservation values to the Protected Property should is receive such sale proceeds. 12. Modification This Deed may be modified by agreement of the parties. All modifications shall be in writing, signed by both parties and recorded in the real property records of King County. TDC Purchase and Sale-Davis-Kent.doc Page 18 of 23 2113/01 13. Interpretation This Deed shall be interpreted under the laws of Washington, resolving any ambiguities and questions of the validity of specific provisions so as to give maximum effect to its conservation purposes. 14. Perpetual Duration The easement created by this Deed shall be a servitude running with the land in perpetuity. Every provision of this Deed that applies to the Grantors or Grantee shall also apply to their successors in interest, and their respective agents, heirs, executors, administrators and assigns. 15. Notices Any notices required by this Deed shall be in writing and shall be personally delivered or sent by first class mail to Grantors and Grantee respectively at the following addresses, unless a party has been notified by the other of a change of address. To Grantor: Ventis Capital, LLC Attn.: Greg Jones 5832 167th Avenue Southeast Bellevue, WA 98006 To Grantee: King County Department of Natural Resources Attn.: Becky Martin 201 South Jackson Street, Suite 600 Seattle, WA 98104 16. Grantor's Title Warranty The Grantors warrant that they have good and sufficient title to the Property, free from all encumbrances except those set forth in Exhibit D attached to and made a part of this Deed, and hereby promise to defend the same against all claims that may be made against it. 17. Legal Fees In the event of any action or proceeding arising out of this agreement, the prevailing party shall be entitled to an award and reimbursement of reasonable attorney's fees and court costs. 18. Severability If any provision of this Deed is found to be invalid, illegal or unenforceable, that finding shall not affect the validity, legality or enforceability of the remaining provisions. 19. Acceptance TDC Purchase and Sale-Davis-Kent.doc Page 19 of 23 2/13/01 The Grantee hereby accepts without reservation this Grant of Deed of Conservation Easement. IN WITNESS WHEREOF, the Grantors and Grantee, intending to legally bind themselves, have set their hands on the date first written above. GRANTORS: Ventis Capital, LLC, a Washington limited liability company BY: 9f� P � Title: /►1/ �' rrt*" GRANTEE: King County BY: Title: STATE OF WASHINGTON, } }SS. COUNTY OF KING } I hereby certify that I know or have satisfactory evidence that GRtr= is/are the person(s)who appeared before me, and said person(s)acknowledged that_he signed this instrument, on oath stated that_he is/are authorized to execute the instrument and acknowledged it as the M+�NE�w�t µ� ocy pf Ventis Capital, LLC, to be the free and voluntary act of such party for the uses and purposes mentioned in this inst nt. Dated: Z a -r 1 Q P E . Ric%11 Notary ublic in and fo State of Washington, 10W C� 1 Q �gS F}A, i 11 resi at, o NGTAgy 9� �� My appointment expires PUBLIC IOW TDC Purchase and Sale-Davis-Kent.doc Page 20 of 23 2/13/01' The Grantee hereby accepts without reservation this Grant of Deed of Conservation Easement. IN WITNESS WHEREOF, the Grantors and Grantee, intending to legally bind themselves, have set their hands on the date first written above. _ GRANTORS: Ventis Capital, LLC, a Washington limited liability company BY: Title: GRANTEE: King County BY: )*- "-)L� Title: � r DrZiS!a---` STATE OF WASHINGTON, } )SS. COUNTY OF KING } I hereby certify that I know or have satisfactory evidence that is/are the person(s)who appeared before me, and said person(s) acknowledged that he signed this instrument, on oath stated that_he is/are authorized to execute the instrument and acknowledged it as the of Ventis Capital, LLC, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: Notary Public in and for the State of Washington, residing at My appointment expires TDC Purchase and Sale-Davis-Kent.docPage 20 of 23 02/14/01 r STATE OF WASHINGTON ) )SS. COUNTY OF KING ) I certify that I know or have satisfactory evidence that DegooAN L• A is the person who appeared before me, and said person acknowledged that She signed this instrument, on oath stated that _he is authorized to execute the instrument and acknowledged it as the A-A-r,AIAy&o4 WAl'0ac. -Arvn LN.4tj 11f<1)J9CIF5 J�rV(S,JJ Department of Natural Resources of King County to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Z��L110 t - 00 80 ?PA Not Public in and forth tate of Washington ."to ro Residing at ;4--w v 1/la + My appointment expires to j3 o f of op ids �♦ �� TDC Purchase and Sale-Davis-Kent.docPage 21 of 23 02/14/01 EXHIBIT D PERMITTED EXCEPTIONS/TITLE REPORT Those special exceptions listed on First American Title Insurance Company Title Report#408687-1 dated January 20, 2000, and any supplements thereto (which Title Report and Supplement are incorporated into this Agreement by this reference)numbered 4, 5, 6,and 7. TDC Purchase and Sale-Davis-Kent.docPage 22 of 23 2/13/01 EXHIBIT E EASEMENT FOR INGRESS, EGRESS AND UTILITIES S� 4grm,ioto TDC Purchase and Sale-Davis-Kent.docPage 23 of 23 2/13/O1 RETURN TO: Property Management City of Kent 220 -4th Avenue South Kent WA 98032 GRANTOR(S): Ventis Capital, LLC, a Washington limited liability company GRANTEE(S): City of Kent, a Washington municipal corporation ABBREVIATED LEGAL DESCRIPTION: Section 5, Township 22N, Range 5, SW Quarter of the SE Quarter Additional legal description is on page of document. ASSESSOR'S TAX PARCEL ACCOUNT NUMBER(S): 052205-9257-05 and 052205-9225-04 ACCESS AND UTILITY EASEMENT THIS INSTRUMENT made this day of 2001, by and between VENTIS CAPITAL, LLC, a Washington limited liability company, (hereinafter "Grantors") and the CITY OF KENT, a municipal corporation of King County, State of Washington(hereinafter"Grantee"). WITNESSETH that Grantors for and in consideration of valuable consideration receipt of which is hereby acknowledged by said Grantors, do by these presents grant, bargain, sell, convey, and confirm forever unto Grantee, its successors and/or assigns, an easement for ingress, egress and utilities with necessary appurtenances, including use of incidental areas immediately adjacent for the installation, operation, maintenance, extending, construction, altering, reconstructing and repair over, through, across and upon the following described property situated in King County, Washington, more particularly described as follows: See attached Exhibit"A" ACCESS AND UTILITY EASEMENT(between Ventis Capital,LLC, and City of Kent)Page- 1 of 3 Said easement is for the benefit of the following described property in King County, Washington, more particularly described as follows: See attached Exhibit"B" Without prior institution of suit or proceeding at law, Grantee shall have the right, at times as may be necessary, to enter upon said property and immediate adjacent areas with the necessary equipment for the purposes of altering installation, operation, maintenance, extending, constructing, repair and reconstructing of said ingress, egress, and utilities or making any connections therewith without incurring any legal obligation or liability therefore; providing that said altering, installation, operation, maintenance, extending, constructing, repair and reconstructing of said ingress, egress, and utilities shall be accomplished in such a manner that the private improvements existing within this easement area including said incidental areas shall not be disturbed or destroyed, or in the event they are disturbed or destroyed, they will be replaced in as good a condition as they were immediately before the property was entered upon by Grantee. Grantor shall retain the right to use the surface of this easement including said incidental areas so long as said use does not interfere with the uses heretofore defined. This easement shall be a covenant running with the land forever and shall be binding on Grantor's successors, heirs, and assigns. c�— DATED this Z,5- day , 2001. GRANTOR(S): GRANTEE: Ventis Capital, LLC City of Kent 1e� By: 9(4,IMBy: QZ;M,� yd-- Its: MAw i Ldt— ".6t, Its: By: Its: Notary Acknowledgements Appear on Next Page ACCESS AND UTILITY EASEMENT(between Ventis Capital, LLC, and City of Kent)Page=2 of 3 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day of 1;50— 2001,before me a Notary Public in and for the State of Washington, personally appeared (:rcl R -&oo- , to me known to be the g L66g � o4bgo e, and of Ventis Capital, LLC, a Washington limited liability company that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said corporation, for the uses and purposes mentioned in this instrument, and on oath stated that they were authorized to execute said instrument. N `WSea!Meat Appear W den I7 is Box. I�. HEREOF, 1ha here set my_han and official seal the day and year fast above 11 f�O� `5001V1A--1 kjA Ili I PUS NOMkY PUBLIC,in and for the State It of of Washington,residing at t1�\ VNA My appointment expires_ /?r 1°! 04 y �r STATE OF WASHINGTON ) SS. COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that Jim White is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument on behalf of the City of Kent as its Mayor, and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. Notary Sea!W&W Appear Within This Box- W„QWNESS WHEREOF,I have hereunto set my hand and official seal the day and year first above � r , ,.•CNN r y%•.0k 1/ 30 �� ��'�� • � NOTARY PUBLIC,in r ie State • e ��''•. 'a of Washington,residing a� ` �R MASKN+ My appointment expires 1!�2 —O,ev, r:NOvMaEswpenFdctwtosvcnu.c,pw-A.uersyEy .mc ACCESS AND UTILITY EASEMENT(between Ventis Capital, LLC, and City of Kent)Page-3 of 3 THE WEST 25 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THE SOUTH 267 FEET OF THE NORTH 282 FEET OF THE EAST HALF OF THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTWEST QUARTER OF THE SOUTHEAST QUARTER IN SECTION 5, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING WESTERLY OF THE EAST 330 FEET; EXCEPT THE EAST 80 FEET OF THE NORTH 150 FEET THEREOF; (ALSO KNOWN AS LOT A OF KING COUNTY.LOT LINE ADJUSTMENT NO. 883083.) EXHIBIT "A" Received: 2/12/01 FEB-12-2001 10:60 253 nib / KENT CITY ATTY - r253 r 856 6770 P.02/02 PARCEL 8s ' TM BUT Mir OF THAT PORTI0s Or To MRTl UT QULV= 0* .2%M SOL TMOT 4UARTM OF To SOUTMST Q=Tmt IN 8W.TTON S, tG'i+S aRip 33 NOBl # RAt= 5 tmT, K.K., IN Km'CM=o NPRIl4C.'M, WIM 1PESTMT OF T= EAST 330 F&1 Tt RXCM T92 NOM 282 PBM TMMPp• (ALSO RNOWDI AS LOT B OF KING COUNTY Lox 111E AWUSTMENT NO., •es3a83.J � I EXHIBIT "8" TOTAL P.02 ST AME .R t First American Title Insurance Company COPY RECEIVED National Accounts Commercial Division 13010 N.1„ 20"Stree4 Suite A,Bellevue, Washington 98005 APR 13 2001 (425)869-0400 fax (425)869-5922 Kent Ury fiiCUly April 12,2001 CITY OF KENT LEGAL DEPARTMENT 220 FOURTH AVENUE SOUTH KENT,WA 98032 ATTN:KIM ADAMS,ASSISTANT CITY ATTORNEY RE: SELLER: VENTIS CAPITAL BUYER:THE CITY OF KENT EASEMENT PURCHASER:KING COUNTY Escrow Number 39155JMCI Dear MS.ADAMS: In connection with the above referenced transaction enclosed please find the following: 1. FINAL CLOSING STATEMENT 2. REFUND CHECK IN THE AMOUNT OF$69.40 3. COPY OF RECORDED DOCUMENTS 4. COPY OF ADDEMNDUM TO PURCHASE AND SALE AGREEMENT 5. COPY OF SIGNED CLOSING DOCUMENTS 6. ORIGINAL PURCHASE 8t SALE AGREEMENT BETWEEN VENTIS CAPITAL,THE CITY OF KENT AND KING COUNTY We appreciate having had the opportunity to work with you. Should you have any questions or need anything further,please feel free to contact our office. Sincerely, Cori L. Wiggins Commercial Escrow Assistant enclosure FIRST AMERICAN TITLE KEY BANK INSURANCE COMPANY SEATTLE,WASHINGTON 98104 ESCROW TRUST ACCOUNT Check No. 0000112959 PH.(425)869-0400 19.57/1250 13010 N.E.20TH STREET,SUITE A • BELLEVUE,WA 98005 ESCROW NO. :39155JMCI "A IXTY NINE AND DATE*****************AMOUNT*** 4/12/2001 ****69.40**** FIRST AMERICAN T E-ESCROW TRUST ACCOUNT TO THE CITY OF KENT VOID FTER S NTHS THE A - ORDER 220 FOURTH AVENUE SOUTH OF KENT, WA 98032 1110000LL2959110 1: L2 5000 5 7 41: 0 L 5 0 L 7 9 8111 TNIS DOCSI�M ENT CONTAIN$GCOLOPED B4CKDPOUNO ON WNRE pipEP.MIC P4pP MTISLOCAVL BE LOW IIS WGXNIN48ANO.TOVEXIFY THE RPTIFlCIAL WATENM APK ON THE BRCR.NOLO RT RN AN�iiL E. FIRST AMERICAN TITLE OF BELLEVUE THE ATTACHED CHECK IS IN PAYMENT OF ITEMS DESCRIBED BELOW CLIENT TRUST ACCOUNT IF NOT CORRECT NOTIFY US PROMPTLY.NO RECEIPT DESIRED. Memo: Memo: Check #: 0000112959 Reference #: For : Buyer Refund Escrow Number: 39155JMCI Buyer : THE CITY OF KENT Seller : VENTIS CAPITAL, LLC Prop. Address: KENT, WA AMOUNT OF THIS CHECK: $ 69.40 CHARGE DETAIL: Settlement Charges (1,166.41) Deposits 1,235.81 THE CITY OF KENT 220 FOURTH AVENUE SOUTH KENT, WA 98032 TO REORDER CALL:ACS NORTHWEST,INC. 1-800.292-0909 - 110118515 A Al E/tii! C 1 9 First American Title Insurance Company 13010 NE 20TH STREET, SUITE A, BELLEVUE, WA 98005-2510 (425)869-0400 • FAX: (425)869-5922 BUYER'S CLOSING STATEMENT Escrow: 39155JMCI Order: 826864-CE Escrow Officer: Jean M. Couch Date: 3/23/2001 FINAL Closing Date: 3/23/2001 ESCROW STATEMENT OF: THE CITY OF KENT SELLER: VENTIS CAPITAL, LLC Property Address: , KENT, WA ITEMS DEBITS CREDITS INITIAL DEPOSIT TO ESCROW 1,235.81 TITLE CHARGES TO FIRST AMERICAN TITLE - SEATTLE RECORDING FEES 30.60 ESCROW CHARGES Escrow Fee 450.00 SALES TAX 38.70 ADDITIONAL DISBURSEMENTS COURIER FEES PLUS TAX to FIRST AMERICAN TITLE 32.58 TITLE/ESCROW SERVICES(1/2 EA) to KING COUNTY 614.53 BALANCE DUE YOU 69.40 TOTALS $ 1,235.81 $ 1,235.81 Escrow No.t 39155JMCI February 16, 2001 NOTICE OF COMPLIANCE WITH A.P.R. 12 To: Purchaser and Seller IN ACCORDANCE WITH THE REQUIREMENTS OF A.P.R. 12 OF THE SUPREME COURT OF THE STATE OF WASHINGTON, FIRST AMERICAN TITLE INSURANCE COMPANY AND THE CLOSING OFFICER SPECIFIED BELOW HAVE THE DUTY TO INFORM YOU OF THE FOLLOWING: 1. The Closing Officer is not acting as the advocate or representative of either party; 2. The Closing Officer will prepare documents which affect the legal rights of both parties; 3. The Parties may have differing interests in the documents; 4. The parties have the right to be represented by lawyers of their own selection and each party may have a separate lawyer; 5. The Closing Officer cannot give legal advise to the parties concerning the manner in which the documents affect those parties. The Closing Officer is only permitted to select and complete documents which have been approved by the Limited Practice Board in accordance with a written purchase and sales agreement which contains all of the basic terms of the transaction. The Closing Officer is not permitted to negotiate terms which are not included in the written purchase and sales agreement. The Closing Officer is not permitted to practice law . IF YOU HAVE ANY QUESTIONS REGARDING ANY DOCUMENT OR INSTRUMENT TO BE USED OR RELIED UPON IN THE CLOSING OF THIS TRANSACTION OR ANY QUESTIONS REGARDING YOUR RIGHTS, YOU SHOULD NOT SIGN NOR ACCEPT THESE INSTRUMENTS OR DOCUMENTS BEFORE CONSULTING AN ATTORNEY OF YOUR CHOICE. In this transaction, your Closing Officer is Jean M. Couch, 3115 Dated: 2/16/01 F ERIC TI INS ANCE COMPANY an . Couch, 3115 Please acknowledge receipt of the foregoing Notice of Complian wi A.P.R. 12 and that you have read the same by signing your name(s) to the copy of this Notice on the signature lin below. (If such Notice has been hand-delivered or mailed to you, please return the copy of the Notice showing your signature(s)in the enclosed, stamped, self-addressed envelope.) We will be unable to continue with the closing until we have received the signed Notice from you. DATE RECEIVED: C� "o' ( -O BUYER/BORROWER SELLER CITY OF KENT VENTS CAPITAL, LL BY: MAYOR /+ lFri/ KING COUAM BY: Febrµary 16, 2001 ATTACHMENT TO COMPLIANCE WITH A.P.R. 12 ESCROW NO.: 39155JMCI THE FOLLOWING DOCUMENTS INITIALED WERE PREPARED BY THE LIMITED PRACTICE OFFICER. 'L EXCISE TAX AFFIDAVIT SUPPLEMENTAL EXCISE AX AFFIDAVIT LPB 10 STATUTORY WARRANTY DEED LPB 11 STATUTORY WARRANTY DEED(FULFILLMENT OF REC) LPB 12 QUIT CLAIM DEED LPB 13 SELLERS ASSIGNMENT OF CONTRACT AND DEED LPB 14 PURCHASERS ASSIGNMENT OF CONTRACT AND DEED LPB 15 BARGAIN AND SALE DEED LPB 20 15EED OF TRUST(SHORT FORM) LPB 21 ASSIGNMENT OF DEED OF TRUST LPB 22 DEED OF TRUST(LONG FORM) LPB 23 REQUEST FOR FULL RECONVEYANCE LPB 24 REQUEST FOR PARTIAL RECONVEYANCE LPB 25 PROMISSORY NOTE-INTEREST INCLUDED LBP 26 PROMISSORY NOTE- INTEREST INCLUDED DUE DATE LPB 27 PROMISSORY NOTE-INTEREST EXTRA LPB 28 PROMISSORY NOTE-STRAIGHT LPB 28A PROMISSORY NOTE LPB 29 REQUEST FOR NOTICE LPB 30 BILL OF SALE LPB 35 SUBORDINATION AGREEMENT LPB 44 REAL ESTATE CONTRACT(SHORT FORM) LPB 45 REAL ESTATE CONTRACT(LONG FORM) LPB 50 MORTGAGE(STATUTORY FORM) LPB 51 SATISFACTION OF MORTGAGE LPB 52 PARTIAL RELEASE OF MORTGAGE LPB 60 RELEASE OF LIEN LPB 61 PARTIAL RELEASE OF LIEN LPB 62 SATISFACTION OF JUDGMENT LPB 63 PARTIAL RELEASE OF JUDGMENT LPB 64 WAIVER OF LIEN LPB 65 PARTIAL WAIVER OF LIEN LPB 70 SPECIAL POWER OF ATTORNEY(SALE) LPB 71 SPECIAL POWER OF ATTORNEY(PURCHASE/ENCUMBER) LPB 72 USE TAX RETURN UCC UCC UCC DEPARTMENT OF LICENSING FORMS LENDER LOAN DOCUMENTS THAT ARE APPROVED AND DESIGNED FOR USE BY THE SECONDARY MORTGAGE MARKET INCLUDING NOTES, DEEDS OF TRUST AND RIDERS. ASSIGNMENT OF MORTGAGE, ASSIGNMENT OF RESERVE ACCOUNT FUNDS, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT DOCUMENTS. THE LIMITED PRACTICE OFFICER DID NOT PREPARE TRUTH-IN-LENDING DISCLOSURE. FMHA LOAN DOCUMENTS OS•t AMEq C 9 First American Title Insurance Company 13010 NE 20TH STREET, SUITE A, BELLEVUE, WA 98005-2510 40JW W"&a9-5922 VACANT LAND TO: FIRST AMERICAN TITLE INSURANCE COMPANY Escrow No. 39155JMCI 13010 NE 20th Street Commitment No. 826864—CE Bellevue, WA 98005 Commitment Date February 13, 2001 (425) 869-0400 First American Title Insurance Company as escrowee,is hereby instructed by the seller and buyer named herein to act as an independent third party in closing this transaction.In so doing,escrowee has or will select,prepare and complete certain instruments or documents which may substantially affect your legal rights. If you have any questions regarding such documents or instruments,or your rights, you should consult an attorney of your choice, and First American Title Insurance Company recommends that you do so prior to signing such documents or instruments. I(We)fully understand that First American Title Company is not licensed to practice law and that neither it nor any of its employees are permitted to offer legal advice of any nature,nor have they done so,nor may they or it advise as to the merits of a transaction or the manner in which I(We)should hold title. Escrowee has been handed a copy of the Purchase and Sale Agreement or such other documents and any Addendums, as constitute the Agreement to sell and purchase this property. Acting in accordance therewith, escrowee is directed to close the transaction, and shall perform said closing in accordance with the following instructions. In the event there is a variance between the terms of the Purchase and Sale Agreement and the final terms of the sale as evidenced by the documents delivered under these or other instructions, and the closing statements agreed to by the parties, closing shall be in accordance with such documents, instructions and closing statements.All principals to this escrow acknowledge and agree that all terms and conditions of that certain Purchase and Sale Agreement dated February 15, 2001 and all Addendums thereto,have been met,waived,or satisfied,or will be resolved outside of escrow and escrowee shall not be responsible for same, and they are no longer to be considered as conditions to this closing. BUYER AND SELLER ACKNOWLEDGE THAT SELLER'S DISCLOSURE STATEMENT AS REQUIRED UNDER TITLE 64 RCW WILL BE DELIVERED OR WAIVED OUTSIDE OF ESCROW AND IS NOT TO BE CONSIDERED A CONDITION OF CLOSING. SELLER(S)HEREIN DEPOSIT WITH YOU THE FOLLOWING: (X ) Warranty Deed ( X ) Excise Tax Affidavit ( ) Bill of Sale ( ) Real Estate Contract(To be jointly executed by buyer) ( ) Deed in fulfillment of said Contract(To be returned to seller's possession on closing) (X ) Additional Documents: DEED OF CONSERVATION EASEMENT & AFFIDAVIT; ACCESS & UTILITY EASEMENT; TRANSFER OF DEVELOPMENT CREDIT SENDING SITE CERTIFICATE NO. 00022 executed by and between the following: VENTIS CAPITAL, LLC, a Washington limited liability company to THE CITY OF KENT, a municipal corporation of the State of Washington which cover the premises fully described in the above referenced preliminary commitment for title insurance(the "Commitment"), which document(s) you are instructed to record,file,release and/or deliver when you have all necessary funds and/or other documents as follows: PURSUANT TO THAT CERTAIN REAL ESTATE PURCHASE AND SALE AGREEMENT TOGETHER WITH EXHIBITS) ADDENDUM(S) AND INSTRUCTION(S) ATTACHED HERETO AND BY THIS REFERENCE INCORPORATED HEREIN. k. Seller wan-ants to escrowee that if seller is an individual, seller is not a non-resident alien for purposes of U.S. income taxation, or if seller is a corporation,partnership,trust or estate,seller is not a foreign entity. THE FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT OF 1980 AS AMENDED BY THE TAX REFORM ACT OF 1984 PLACES SPECIAL REQUIREMENTS FOR TAX REPORTING AND WITHHOLDING ON THE PARTIES TO A REAL ESTATE TRANSACTION WHERE THE TRANSFEROR(SELLER)IS A NON-RESIDENT ALIEN OR NON-DOMESTIC CORPORATION OR PARTNERSHIP OR IS A DOMESTIC CORPORATION OR PARTNERSHIP CONTROLLED BY NON-RESIDENTS OR NON-RESIDENT CORPORATIONS OR PARTNERSHIPS. IT IS UNDERSTOOD AND ACKNOWLEDGED BY THE UNDERSIGNED THAT FIRST AMERICAN TITLE INSURANCE COMPANY AND ITS ESCROW OR CLOSING OFFICER WILL NOT TAKE AN ACTIVE ROLE IN EITHER THE DETERMINATION OF THE NON-ALIEN STATUS OF THE SELLER TRANSFEROR OR THE WITHHOLDING OF ANY FUNDS AND THAT FIRST AMERICAN TITLE INSURANCE COMPANY AND ITS CLOSING OFFICER MAKE NO REPRESENTATIONS AND THAT PARTIES TO THIS TRANSACTION ARE SEEKING AN ATTORNEYS, ACCOUNTANT'S OR OTHER TAX SPECIALISTS OPINIONS CONCERNING THE EFFECT OF THIS ACT ON THIS TRANSACTION AND ARE NOT ACTING ON ANY STATEMENTS MADE OR OMITTED BY THE ESCROW OR CLOSING OFFICER. Buyer herein has deposited$ —0— in U.S.funds as Earnest Money with N/A ;and hands you herewith, and/or through their lender will deliver to escrowee,fords sufficient to close.Buyer further hands you,or will cause to be delivered to you,such documents as may be required of them to close this transaction. You are instructed to disburse or pay out said funds when you have recorded the necessary conveying document and/or such other documents as required by this transaction, and can cause to be issued a policy of title insurance as called for in the Purchase and Sale Agreement, and as may be required by the lender, insuring title in (if by Deed) or an interest in (if by Contract), the named buyers(s), free from encumbrance other than matters attaching by, through or under the buyers, and the following paragraphs as set foVh in the Commitment, which paragraph are numbered as 5,6,7,8,9,10 (WITH AFFIRMATIVE INSURANCE) , 15 in the Commitment. Said policy is to further contain those insuring clauses,exceptions,exclusions,provisions and stipulations customarily contained in the printed provisions or schedules of such policy or policies. Page I of 3 Buyer and Seller acknowledge receipt of a copy of the Commitment and have agreed to the matters to remain,and have examined the legal description contained therein and acknowledge the same to be a full and correct description of the real property that is the subject of this transaction. If there are underlying encumbrances being paid off which require the obtaining of a Fulfillment Deed, Reconveyance,Release or Satisfaction,you are instructed to pay the demand of the appropriate party and obtain and record such a document. Sellers approve payment of the amount of the demand, including interest and/or penalties and late charges,as shown on the Closing Statement,even if escrowee has not been able to obtain written verification of the amount claimed as due. Sellers authorize deduction and/or agree to pay forthwith any difference that may result if the final written demand is higher than that shown on the Closing Statement. The undersigned acknowledge that the payoff figures on existing encumbrances may accrue daily interest and are not to be considered to be paid in full until received by the party entitled thereto and that interest will be paid to the date of anticipated receipt of funds by the entitled party. Parties hereto authorize escrowee to transmit all documents, payoffs, checks, letters and all communication by regular service through the U.S. Mails, and if said items are deposited in the U.S. mail system a minimum of five (5) working days before any deadline, escrowee shall be relieved and discharged of any and all liability, and the obligated principal shall indemnify escrowee against any and all claims resulting therefrom,and if additional funds are needed to satisfy these claims,the obligated principal shall deposit same forthwith. Buyers authorize payment of those charges and adjustments as itemized on the Closing Statement,which buyer signs contemporaneously herewith. It is understood and agreed that any Closing Statement is subject to final adjustment and audit, and may be amended to reflect actual charges and adjustments at time of closing. If any monetary error is discovered, the principal liable therefor will forthwith pay into escrow for disbursement such amounts as may be necessary. n All pro-rating is to be done as of Recording of Documents,on the basis of a 365day year. Pro-rate based on the latest available tax figures. THIS IS A VACANT LAND WITH NO IMPROVEMENTS. COVERAGE OF THE SUBJECT PROPERTY WITH LIABILITY OR ANY OTHER TYPE OF HAZARD INSURANCE IS THE SOLE RESPONSIBILITY OF THE BUYER AND ESCROWEE IS RELIEVED OF ANY RESPONSIBILITY OR OBLIGATION IN CONNECTION THEREWITH. GENERAL PROVISIONS 1. Neither the matter of possession of the property nor the condition thereof or suitability for its intended use shall be in any way an obligation of the escrowee. Seller(s)warrant that all Homeowner's Association Dues and/or Assessments are paid to date and no delinquencies exist. Buyer(s)assume responsibility for all subsequent Dues and/or Assessments. Buyer and Seller acknowledge that seller is responsible for the liens set forth in R.C.W. 35.12.290; 35.67.200; 36.36.045; 36.89.090;36.94.150; 56.16.100; 57.08.080 or 87.03.445. In accordance with R.C.W. 60.80, seller may request that Escrow holder administer disbursement of closing funds necessary to satisfy the unpaid charges set forth above. Escrow holder is not liable if the Escrow holder's refusal to comply is based on the seller's inaccurate or incomplete identification of utilities providing service to the property or if a utility company fails to provide an estimated or actual final billing, or written extension of the per diem rate or if disbursement of closing funds necessary to satisfy unpaid charge would violate R.C.W. 18.44.070.A fee may be charged for performing the services described herein above. 2.You are authorized to fill in the date of close of escrow and such other necessary dates on any documents which require same to correct any typing or scriveners errors on any document delivered into escrow. Date of closing means the date on which instruments referred to herein are recorded. Recording of any instrument delivered into this escrow, if necessary or proper is the issuance of policies of title insurance called for, is hereby authorized. 3. All disbursements shall be in U.S. funds and shall be by Escrowee's check,or by wire transfer. Escrow funds will be placed in an escrow account which will pay no interest to depositor unless specifically requested. Parties hereto understand and agree that all funds delivered into escrow are subject to immediate deposit,and that all checks must clear and be credited to Escrowee's trust account as good and sufficient U.S.funds before closing can be completed.Any delay in clearing deposits will delay closing. 4. In the event this escrow fails to close, a sum sufficient to pay title commitment and escrow cancellation charges shall be paid, and as appropriate, may be deducted from funds held. 5. The compliance with ordinances required by any governing bodies including City or County Short Plat(Subdivision)ordinances will be the responsibility of the necessary principal parties herein and escrow is relieved of all liability in connection therewith. Any and all charges for building permits or assessed charges in connection therewith will be handled outside of escrow. It is understood and agreed that upon application for a Building Permit,it may be necessary to pay certain charges for tap and/or service connections,or certain charges for or in lieu of assessments,for which neither escrowee nor its employees shall be liable or responsible. 6. You are to furnish a copy of these instructions, amendments thereto,closing statements and/or any other documents deposited in this escrow to the real estate broker or brokers and/or the attorney or attorneys involved in this transaction upon request of such parties. 7.In the event any dispute shall arise involving a party to this escrow concerning the property covered by these instructions,or in the event conflicting demands or claims are made with respect to this escrow or the rights of any of the parties hereto, it is expressly agreed that escrowee shall have the absolute right, at its election, to do any, or all of the following; Withhold and stop all further proceedings in performance of this escrow; file suit in interpleader and obtain an order from the court requiring the parties to interplead and litigate their claims and tights among themselves;or issue a check to either seller or buyer made payable jointly to seller and buyer in the amount of the sums in dispute. In the event an interpleader suit is brought, escrowee shall be immediately fully released and discharged from all obligations to further perform any and all duties or obligations imposed upon it in this escrow.Buyer agrees jointly and severally with seller to pay escrowee all costs,damages,judgments and expenses suffered, expended or incurred by escrowee in connection with or arising out of this escrow,including but to limited to,reasonable attorneys'fees. 1. 8. Any additional instructions given to the escrowee herein shall be presented in writing. Buyer and seller further understand that contemporaneously herewith there may be instructions by third parties which are necessary for the completion of this escrow and are, therefore, made a part hereof; namely,such instructions as may be received from a lender,grantor,vendor,or others,affecting the property which is the subject of this escrow. 9.These escrow instructions,and amendments hereto,may be executed in one or more counterparts,each of which independently shall have the same effect as if it were the original,and all of which taken together shall constitute one and the same instruction. 10. We have been afforded adequate time and opportunity to read, understand and approve these escrow Instructions and all documents referred to herein. 11.The parties hereto authorizes you to destroy these instructions and a6 records of this escrow, regardless of date of same,at any time after seven(7) years from date of these instructions,without liability on your part,or need of further notice to or from us. 12.Internal Revenue Code Section 6109(h)imposes requirements for furnishing,disclosing, and including taxpayer identification number in tax returns on the parties to a residential real estate transaction involving seller-provided financing. The parties understand that the disclosure reporting requirements are exclusive obligations between the parties to this,transaction and that First American Title Insurance Company is not obligated to transmit the taxpayer identification numbers to the Internal Revenue Service or to the parties. First American Title Insurance Company is not rendering an opinion concerning the effect of this law on the transaction, and the parties are not acting on any statements made or omitted by the escrow or closing officer. To facilitate compliance with this law, the parties to this escrow hereby authorize First American Title Insurance Company to release any parry's taxpayer identification number to any requesting party who is a party to this transaction.The requesting party shall deliver a written request to escrow.The parties hereto waive all rights confidentiality regarding their respective taxpayer identification numbers and agree to hold First American Title Insurance Company harmless against any fees, costs, or judgments incurred and/or awarded in connection with the release of taxpayer identification numbers. t ADDITIONAL INSTRUCTIONS: Page 2 of 3 BUYERS AND SELLERS ACKNOWLEDGE THAT ALL TERMS OF PURCHASE AND SALE AGREEMENT HAVE BEEN MET, SATISFIED OR WAIVED. IT IS HEREBY ACKNOWLEDGED AND AGREED BY THE UNDERSIGNED THAT SELLER HAS PAID 2001 TAXES. IT IS FURTHER AGREED AND ACKNOWLEDGED THAT THERE SHALL BE NO PRORATION OF TAXES THROUGH THIS ESCROW AND THAT IT WILL BE THE FULL RESPONSIBILITY OF THE SELLER EXCLUSIVELY OUTSIDE OF THIS ESCROW TO CONTACT THE COUNTY TAX ASSESSOR FOR ANY REFUND AND THAT FIRST AMERICAN TITLE AND ITS ESCROW AGENT SHALL BE HELD HARMLESS FROM ANY/ALL LIABILITY ARISING THEREFROM. Subject to the provisions of Paragraph No. 5 of the GENERAL PROVISIONS herein,these instructions shall be irrevocable by the undersigned for a period of(30)days from the date of last execution hereof and shall be performed within said period or thereafter until written demand is made upon you for the cancellation thereof. n�1 Dated 3 I 1� 1� Dated 3 nC D I Seller VENTIS CAPITAL, LLC Buyer THE CITY OF KENT Seller Buyer � GREGO: S. JON S, MANAGING MEMBER -�aM'�VI31TY� Seiler Buyer Seller Buyer Address 3315 EAST LAKE SAMMAMISH SHORE LANE Address 220 FOURTH AVENUE SOUTH '9= LAKE SAMMAMISH, WA 98029 KENT , WA 98032 Telephone Telephone SELLERS INSTRUCTIONS RECEIVED THIS DAY OF BUYERS INSTRUCTIONS RECEIVED THIS DAY OF 19 AT O'CLOCK. , 19 AT O'CLOCK. PROCEEDS CHECK: ( ) Picked up by Sellers ( ) Call When Ready ( ) Mailed to Sellers(Give new address if available) Page 3 of 3 i PS•t AMEq /r H 41 2 First American Title Insurance Company 13010 NE 20TH STREET, SUITE A, BELLEVUE, WA 98005-2510 (425)869-0400 • FAX:(425)869-5922 BUYER'S CLOSING STATEMENT Escrow: 391550MCI Order: 826864-CE Escrow Officer: Jean M. Couch Date: 3/20/2001 ESTIMATED Closing Date: 3/23/2001 ESCROW STATEMENT OF: THE CITY OF KENT SELLER: VENTIS CAPITAL, LLC Property Address: , WA ITEMS DEBITS CREDITS INITIAL DEPOSIT TO ESCROW 1,235.81 TITLE CHARGES TO FIRST AMERICAN TITLE - SEATTLE ESTIMATED RECORDING FEES 100.00 ESCROW CHARGES Escrow Fee 450.00 SALES TAX 38.70 ADDITIONAL DISBURSEMENTS COURIER FEES PLUS TAX to FIRST AMERICAN TITLE 32.58 TITLE/ESCROW SERVICES(1/2 EA) to KING COUNTY 614.53 TOTALS $ 1,235.81 $ 1,235.81 THE CITY OF KENT BY: -dtM—W fITE--, MAYOR —�'�► AFTER RECORDINO MAIL TO: THE CITY OF KENT 220 FOURTH AVENUE SOUTH KENT, WA 98032 Re d, Accepted, and Approve': Filed for Record at Request of A V•1 First American Title Company ;'�t °•, First American Title Escrow Number: 39155JMCI Insurance Company Statutory Warranty Deed Grantoe(s): VENTIS CAPITAL, LLC Grantee(s): THE CITY OF KENT Abbreviated Legal: SW QUARTER SE QUARTER, SEC 5, TWNSHP 22N, ROE 5E, records of KING County, WA Additional legal(s)on page: Assessor's Tax Parcel Number(s)• 052205-9225-04 THE GRANTOR VENTIS CAPITAL, LLC, a Washington limited liability company for and in consideration of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION in hand paid, conveys and warrants to THE CITY OF KENT, a municipal corporation of the State of Washington the following described real estate, situated in the County of KING , State of Washington: SEE EXHIBIT A FOR LEGAL DESCRIPTION ATTACHED HERETO AND BY THIS REFERENCE INCORPORATED HEREIN. SUBJECT TO: SEE EXHIBIT B ATTACHED HERETO AND BY THIS REFERENCE INCORPORATED HEREIN. Dated this day of By VENTIS CAPITAL, LLC By BY 9c BY GREGO S. JONES MANAGING MEMBER STATE OF VASHINGTo County of111 C _1 SS: On this day of February, 2001 before me, the undersigned, a Nbtary Public in and for the State of Washington,duly commissioned and sworn,personally appeared GREGORY S. JONES to me known to be the individual described in and who executed the foregoing instrument, as MU kbf the VENTIS CAPITAL, LLC a Linyt iability Company, and acknowledged to he me that signed and sealed this said instrument as his free and voluntary act and deed for the use and purposes therein mentioned, and on oath stated he is authorized to execute the said instrument. Given under my hand and official seal this ay of February, 2001 6esng i an blic Ir the fate of YV at ••� ; My appointment expires. r �',, = JEAN M, COUCH III CIV ( Page 1 LPB-10 EXHIBIT A LEGAL DESCRIPTION The East half of that portion of the Northeast quarter of the Southwest quarter of the Southeast quarter of Section 5, Township 22 North, Range 5 East, W.M., in King County, Washington, lying Westerly of the East 330 feet; EXCEPT the North 282 feet thereof; (ALSO KNOWN AS Lot B of King County Lot line Adjustment No. 883083.) TOGETHER WITH an easement for ingress, egress and utilities over the West 25 feet of the following described property: The South 267 feel of the North 282 feet of the East half of that portion of the Northeast quarter of the Southwest quarter of the Southeast quarter of Section 5, Township 22 North, Range 5 East, W.M., in King County, Washington, lying Westerly of the East 330 feet; EXCEPT the East 80 feet of the North 150 feet thereof; (ALSO KNOWN AS Lot A of King County Lot Line Adjustment No. 883083.) TUC Purchase and Sale•Uavis•Kent.doc Page 9 or23 2/13/01 tXMI T B RESERVATIONS AND EXCEPTIONS, INCLUDING TIIE TERMS AND CONDITIONS TIIEREOF: RESERVING: MINERALS RESERVED BY: NORTHERN PACIFIC RAILWAY COMPANY RECORDED: FORVAItt 16, 1900 RECORDING NO.: 196921 EASEMENT AGREEMENT AND THE 113RMS AND CONDITIONS TIIEREOF: HETWEEN: CHRISTIAN A. SELANDER, SR. AND: ALJIER'T C. SRLANDER, 3R. AND EDNA SELANDER, HUSBAND AND WIFE AND: ANNA O. ROOK, A SINGLE WOMAN AND: MABEL ENGLE, A SINGLE WOMAN AND: DESMOND GUINN AND ISA MAY GVINN, HUSBAND AND WIFE RECORDED: APRIL 27, 1943 RECORDING NO.: 3305915 WINSTON WATER SYSTEM AGREEMENT AND TIBI 'TERMS AND CONDITIONS THEREOF: BY AND BETWEEN: C. C. ROE, CLARA S. WINST'ON, HARRY ARNOLD, MINNIE L.DOW, RUTH A. TAYLOR, P. II, CULLEN, G.M. 08U.0 J.X.110ES AND L. W. ROE RECORDED: JUNE 15, 1945 RECORDING NO.: 3478J89 EASEMENT, TNCL'UDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: MAY 179 1967 RECORDING NO.: 6349939 IN FAVOR OF: WAttlt DISTRICT NO. 50 FOR: WATER MAIN AFFECTS: THE LEGAL DESCRIPTION CONTAINED IN SAID EASIMENT 13 NOT SUFFICIENT TO DETERMINE ITS EXACT LOCATION W)'ITIIN SAID PREMISES DEVELOPER EXTENSION REIMBURSEMENT AGRBBMENT AND THE PERMS AND CONDITIONS THEREOF: BETWEEN: CASCADE SEWER DISTRICT' AND: TOM AND VICKIE ROBERTS RECORDED: JULY 230 1981 RECORDING NO.: 8107230404 TERMS, COVENANTS, CONDITIONS AND RESTRICTIONS, IF ANY, AS CONTAINED IN UNRECORDED LOT LINE ADJUSTMENT NO. LLA 883083 AS DISCLOSED AY THE KING COUNTY TAX ROLLS. CONSERVATION EASEMENT AND COVENANT POR PARK USE, INCLUDING TERMS AND PROVISIONS CONTAINEb TITEREINI RECORDED: RECORDING NO.: IN FAVOR OF: KING COUNTY, A POLITICAL SUM)1VI81ON OF THE sTATE OF WAsntmioN FOR: CbNSERVATION AND PARK USE ♦ 1 Read, Accepted and Approvea .10 Return Address: _2;i( a ` = KING COUNTY OFFICE OF OPEN SPACE 506 SECOND AVENUE, SUITE 708 ■—�����—�� SEATTLE, WA 98104 r lust American Title Insurance Company DOCUMENT TITLE(S) (for transactions contained therein): 1. DEED OF CONSERVATION EASEMENT 2. 3. 4. Reference Number(s) of Documents assigned or released: (on page_of document(s)) Grantor(s) 1.VENTIS CAPITAL, LLC 2. 3. 4. Additional Names on page of document. Grantee(s) 1. KING COUNTY 2. 3. 4. Additional Names on page of document. Legal Description(abbreviated i.e. lot,block, plat or section, township, range) SW QUARTER SE QUARTER, SEC 5, TWNSHP 22N, RGE 5E, RECORDS OF KING COUNTY, A Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number 052205-9225-04 The Auditor/Recorder will rely on information provided on the form. The staff will not read the document to verfly the accuracy or completeness of the indexing information provided herein. i EXHIBIT c CONSERVATION EASEMENT AND COVENANT FOR PARK USE When Recorded Mail To: King County Water and Lands Resources Division Office of Open Space 506 Second Avenue, Suite 708 Seattle, WA 98104 DEED OF CONSERVATION EASEMENT Grantor [Seller]: Ventis Capital, LLC,a Washington limited liability company. Grantee [Buyer]: King County,a political subdivision of the State of Washington. Legal Description(abbreviated): SW'/4, SE'/a 5-22-5 ,Additional legal(s)on Page 15 (F.xhihit A). Assessor's Tax Parcel ID#: 052205-9257-05,052205-9225-04. This Deed of Conservation Easement is granted on this day of 2001, by VENTIS CAPITAL, LLC, a Washington limited liability company ("Grantors"), to King County, a political subdivision of the State of Washington, ("Grantee"), for the purpose of forever conserving the open space character, ecological significance, native vegetation and wildlife habitat features of the subject property. RECITALS S The Grantors are the sole owners in fee simple of the real property("Protected Property") legally described in Exhibit A, attached to and made a part of this Deed, which consists of approximately 1.34 acres of land located in King County, Washington. A map of the property is attached, and made part of this deed, as Exhibit B. The Protected Property is described on Exhibit A, attached hereto. The conservation features of the Protected Property, its current use and state of improvement, are described in a Present Conditions Report, prepared by the Grantee with the cooperation of the Grantors, and acknowledged by both to be complete and accurate, to the best of their knowledge, as of the date of this Deed. Both the Grantors and Grantee have been provided copies of the Report. The Report will be used by the Grantee to monitor compliance with the terms of this grant and to assure that any future changes in the use of the Property will be consistent with the TDC Purchase and Sale-Davis-Kent.docPage 11 ot23 2/13/01 .. 1 terms of this Deed. The Report is not intended to preclude the use of other evidence to establish the present condition of the Property if there is a controversy over its use. The Grantors are selling the property interest conveyed by this Deed for the purpose of assuring that, under the Grantee's perpetual monitoring, the conservation features of the Protected Property will be conserved and maintained in perpetuity, and that uses of the Protected Property that are inconsistent with these conservation purposes will be prevented or corrected. The parties agree, however, that the current use of, and improvements to, the Protected Property are consistent with the conservation purposes of this Deed. The conservation purposes of this Deed are recognized by, and the grant of this Deed will serve, the following clearly delineated governmental conservation policies: 1. King County Draft Open Space Plan, which created the King County Open Space Program "...to protect King County's natural beauty and environmental quality...and to develop and maintain a dynamic open space system for the enjoyment and benefit for all." 2. Conservation Futures Tax Ordinance No, 10150, in which the King County Council finds there is an "increasing need to provide a system of public open spaces necessary for the health, welfare, benefit and safety of the residents of King County and to maintain King County as a desirable place to live, visit and locate businesses." 3. Conservation Futures Tax Ordinance No. 11068, in which King County establishes funding for the "purposes of acquiring public green spaces, green belts, open space, parks and trails..." 4. Waterways Motion No. 9175, in which King County commits to "preserving critical waterways in order to preserve these systems for habitat and recreational purposes." 5. Waterways Ordinance No. 11713, which allocates "remaining Waterways 2000 program funds to specific projects for purchase of interests in land, including fee simple and conservation easements..." 6. R.C.W. 84.34.010, in which the Washington State Legislature has declared "that it is in the best interests of the state to maintain, preserve, conserve and otherwise continue in existence adequate open space lands for the production of food, fiber and forest crops, and to assure the use and enjoyment of natural resources and scenic beauty for the economic and social well-being of the state and its citizens." The Grantee is a"qualified conservation organization," as defined by the Internal Revenue Code, and accepts the responsibility of enforcing the teens of this Deed and upholding its conservation purposes forever. k. TDC Purchase and Sale•Davis-Kent.docPage 12 of 23 2/13/01 1 1. Grant of Easement Now, Therefore, for the reasons given, and in consideration of their mutual promises, covenants, terms and restrictions contained herein, and for other good and valuable consideration, the Grantors voluntarily grant and convey to the Grantee, and the Grantee accepts, as permitted by R.C.W. 64.04.130 and R.C.W. 84.34, a conservation easement in perpetuity, over the Protected Property on the terms and conditions set forth herein (Easement) exclusively for the purpose of conserving and forever maintaining the open space character, ecological significance, and wildlife habitat of the Property. Grantor expressly intends that this Easement runs with the land and that this Easement shall be binding on Grantor's successors and assigns. 2. Purpose It is the purpose of this Easement to assure that the Protected Property will be retained forever in its open space condition and to prevent any use of the property that will significantly impair or interfere with the conservation features of the Protected Property. Grantors and Grantee intend that this Easement will confine the use of the Property to such activities, including, without limitation, those involving public recreation, education, etc. as are consistent with the purpose of this Easement. 3. Rights of Grantee To accomplish the purpose of this Easement the following rights are conveyed to Grantee by this Easement: (a) To preserve and protect the conservation values of the Protected Property. (b) To enter upon the Protected Property at reasonable times in order to monitor Grantor's compliance with and otherwise enforce the terms of this Easement; provided that such entry shall be upon prior reasonable notice to Grantors' use and quiet enjoyment of the Protected Property; and (c) To prevent any activity on or use of the Protected Property that is inconsistent with the purpose of this Easement and to require the restoration of such areas or features of the Protected Property that may be damaged by any inconsistent activity or use, pursuant to paragraph 7. 4. Prohibited Uses Any activity on or use of the Protected Property inconsistent with the purpose of this Easement is prohibited. Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited: a TDC Purchase and Sale-Davis-Kent.docPage 13 of 23 2/13/01 i Subdivision and Development Rights Grantor hereby grants to Grantee all development rights applicable to Protected Property, including the legal or defacto subdivision of the Protected Property, except those specifically reserved under this agreement, that are now or hereafter allocated to, implied, reserved or inherent in the Protected Property. The parties agree that such rights are terminated and extinguished, and may not be used on or transferred to any other portion of the Protected Property as it now or hereafter may be bounded or described, or to any other property adjacent or otherwise, nor used for the purpose of calculating permissible lot yield of the Property or any other property. Buildings or Structures Constructing or installing any building, shed, parking area or other structure is prohibited on the Protected Property. Impermanent structures including mobile homes, campers, other live-in vehicles, boats on trailers, horse trailers or other trailers are prohibited on the Protected Property. Notwithstanding the above restriction, nothing herein shall prohibit the Grantor, his successors and or assigns from installing playground equipment, and up to two accessible parking spaces in connection with a neighborhood park facility. Wetlands Any activity on the Property that changes, disturbs, alters or impairs the plant and animal habitat, ecological value or scenic qualities of the wetland is prohibited. These activities include, but are not limited to: (a) artificially draining water into or out of the wetland; (b) grading, filling or compacting wetland soils; (c) use of biocides; (d) conducting grazing domestic animals or agricultural activities of any kind; and (e) hunting or trapping. Nothing in this agreement shall be construed to prohibit management of the wetland located on the Protected Property for its ecological value or to prohibit restoration or enhancement of the wetland pursuant to Section 7 of this easement. Paving and Road and Trail Construction Except to the extent necessary in connection with respect to the installation, maintenance, access to, and use of playground equipment on the Protected Property, no portidn of the Protected Property that is not already paved shall be paved or otherwise be covered with concrete, asphalt, TDC Purchase and Sale-Davis-Kent.doc Page 14 of 23 2113/01 gravel crushed rock, wood shavings or any other paving or surfacing material. Further, there shall be no construction of any road for.any purpose on the Protected Property. Except in connection with access to and use of said playground equipment, clearing for or construction of any trail is expressly prohibited on the Protected Property unless approved by permit by the King County Natural Resources Division Mining Limitations The mining or extraction of soil, sand, gravel, rock, oil, natural gas, fuel, coal, peat, sod or any other mineral substance, using any method that disturbs the surface of the land is prohibited except as necessary for installation or repair of utilities, water systems or septic systems serving any existing building or structure. Conducting exploration for any minerals or hydrocarbons is prohibited. Trash and Dumping The dumping or accumulation of any kind of trash, refuse or chemicals on the Protected Property is strictly prohibited. Recreational Uses The following are prohibited recreational uses of the Protected Property: (1)�golf courses; (2)the operation of motorcycles, dune buggies, or other types of motorized vehicles for recreational uses; (3) commercial hunting or trapping; (4) commercial overnight camping; (5) transient accommodations; (6)shooting or target practice. and (7) use of the Protected Property for any commercial public recreation. Signs Placement of commercial signs, billboards, or other commercial advertising material on the Protected Property, except for signs identifying the facility as a neighborhood park, is prohibited, except in connection with the sale or lease of the Protected Property. Limitations to altering surface water, subsurface rater or channeling water Any alteration of the surface water channels on the Protected Property including the removal of fallen trees, gravel or rocks from the water channel or the damming of the water channel, including the lining of the water channel with rocks, wood, trees, sand bags, or other materials, without the prior approval of the King County Surface Water Management Division. Further, there shall be no drilling of any new well for any purpose on the Protected Property, nor shall there be any draining or piping of surface water on the Protected Property. k. TDC Purchase and Sale-Davis-Kent.docPage 15 of 23 2/13/01 5. Reserved Rights Grantors reserve to themselves, and to their personal representatives, heirs, successors, and assigns, all rights and obligations accruing from their ownership of the Protected Property, including the right to engage in or permit or invite others to engage in all uses of the Protected Property that are not expressly prohibited herein acid are not inconsistent with the purpose of this Easement 6. Responsibilities of Grantors Not Affected Other than as specific herein, this Deed is not intended to impose any legal or other responsibility on the Grantee, or in any way to affect any existing obligation of the Grantors as owners of the Protected Property. This shall apply to: (a) Taxes -- The Grantors shall continue to be solely responsible for payment of all taxes and assessments levied against the Protected Property. Upon five days written notice to the Grantors, the Grantee shall have the right, but not the obligation, to pay any taxes or assessments levied against the Property in accordance with any bill, statement or estimate procured from the appropriate authority. If the Grantee ever pays any taxes or assessments levied against the Property, the Grantors shall reimburse the Grantee for the same, with interest until reimbursed at the lesser of ten percent or the maximum rate allowed by law. The Grantors shall reimburse the Grantee for these sums plus any reasonable attorneys fees and court costs incurred to collect such SUMS. (b) Upkeep and Maintenance -- The Grantors shall continue to be solely responsible for the upkeep and maintenance of the Protected Property, to the extent it may be required by law. The Grantees shall have no obligation for the upkeep or maintenance of the Protected Property. (c) Liability and Indemnification -- If the Grantee is ever required by a court to pay damages resulting from personal injury or property damage that occurs on the Protected Property, the Grantors shall indemnify and reimburse the Grantee for these payments, as well as for reasonable attorneys fees and other expenses of defending itself, unless the Grantee or any of its agents have committed a deliberate wrongful act or negligent act that is determined by a court to be a cause of the injury or damage. (d) Land Use -- For any use of the Property permitted under this easement, the Grantors must comply with all applicable county, state and federal laws and regulation. 7. Grantee's Right to Restore the Protected Property In the event the open space character, ecological significance or wildlife habitat of the Protected Property are impaired by an Act of God, the Grantee shall have the right, but not the obligation, to restore all or portions of the Protected Property. t.. TDC Purchase and Sale•Davis-Kent.doc Page 16 of 23 2/13/01 8. Access The is easement is conveyed together with a right of access to the general public for use as a neighborhood park. 9. Enforcement (a) Grantee's Rights --The Grantee shall have the right to prevent and correct violations of the terms of this Deed. With reasonable advance notice to the Grantors, the Grantee may enter the Protected Property for the purpose of inspecting for violations. If the Grantee finds what it believes is a violation, it may at its discretion take appropriate legal action. Except when an ongoing or imminent violation could irreversibly diminish or impair the open space character, ecological significance, or wildlife habitat of the Protected Property, the Grantee shall give the Grantors written notice of the violation and thirty(30) days to correct it before filing any legal action or proceeding to arbitration under paragraph 8b. If a court with jurisdiction determines that a violation may exist or has occurred, the Grantee may get an injunction to stop it, temporarily or permanently. A court may also issue an injunction to require the Grantors to restore the Protected Property to its condition prior to the violation. In any case where a court finds that a violation has occurred, the Grantors shall reimburse the Grantee for all its expenses incurred in stopping and correcting the violation, including but not limited to reasonable attorney's fees and court costs. The failure of the Grantee to discover a violation or to take immediate legal action shall not bar it from doing so at a later time provided that Grantee must act with reasonable promptness upon discovery to correct any claimed violation. Nothing herein shall limit Grantee's other remedies. (b) Alternative Right to Arbitrate -- If a dispute arises between the parties concerning the consistency of any proposed use or action with the purposes and restrictions of this deed, and the Grantors agree not to proceed with the use or action pending resolution of the dispute,then the parties, on mutual written consent, may proceed to resolve the dispute by arbitration as follows: (i) The parties shall each select one person as arbitrator. These two arbitrators shall agree on the selection of a third arbitrator. If there is a delay of more than ten days in the naming of any arbitrator, either party can ask the presiding judge of King County to name any remaining arbitrator(s). k. TDC Purchase and Sale-Davis-Kenl.doc Page 17 of 23 2113/01 (ii) The dispute shall be promptly resolved on the basis approved by any two of the three arbitrators. Unless the parties agree otherwise in writing, the dispute shall be considered at an arbitration session that shall occur no later that thirty days from the date the last of the three arbitrators is appointed. (iii) The prevailing party shall be entitled to recover from the other party all costs and expenses, including reasonable attorneys' fees. The arbitrators shall determine which party, if any, is the prevailing party. (iv) The parties agree that in the absence of fraud by one of the parties, the arbitrators' decision shall be binding, final and not appealable to any court of law. (c) Grantor's Rights -- The Grantors shall have the right to the timely and reasonable consent of the Grantee when appropriate under this easement, and a court with jurisdiction may issue an injunction or any other process to mandate the same. Where a court finds that consent was unreasonably withheld, consent shall be deemed to be given and, the Grantee shall reimburse the Grantors for all reasonable costs incurred in enforcing consent including but not limited to reasonable attorney's and court costs. 10. Notice of Transfer of Protected Property by Grantor and Successor and Assigns Anytime the Protected Property itself, or any interest in it is transferred by the Grantor to a third party, the Grantor, its successors and assigns, shall notify the Grantee in writing, and the document of conveyance shall expressly refer to this Deed of Conservation Easement. 11. Termination of Easement If a court of competent jurisdiction determines that conditions on or surrounding the Protected Property change so much that it becomes impossible to fulfill at least one of the conservation purposes of this Easement, the court may, at the joint request of both the Grantors and Grantee, terminate in whole or in part the Easement created by this Deed. If the Easement is terminated and the Property is sold or taken for a public use other than contemplated by the parties, the Grantee shall be entitled to a percentage of the gross sale proceeds of condemnation award equal to 50% (the ratio of the appraised value of this easement to the unrestricted fair market value of the Property, as these values are determined on the date of this Deed.) The Grantee shall use the proceeds consistently with the conservation purposes of this Deed. Grantee shall purchase equivalent property with similar conservation values to the Protected Property should is receive such sale proceeds. 12. Modification This Deed may be modified by agreement of the parties. All modifications shall be in writing, signed by both parties and recorded in the real property records of King County. TDC Purchase and Sale-Davis-Kent.docPage 19 or23 2/13/01 13. Interpretation This Deed shall be interpreted under the laws of Washington, resolving any ambiguities and questions of the validity of specific provisions so as to give maximum effect to its conservation purposes. 14. Perpetual Duration The easement created by this Deed shall be a servitude running with the land in perpetuity. Every provision of this Deed that applies to the Grantors or Grantee shall also apply to their successors in interest, and their respective agents, heirs, executors, administrators and assigns. 15. Notices Any notices required by this Deed shall be in writing and shall be personally delivered or sent by first class mail to Grantors and Grantee respectively at the following addresses, unless a party has been notified by the other of a change of address. To Grantor: Ventis Capital, LLC Attn.: Greg Jones 5832 167th Avenue Southeast Bellevue, WA 98006 To Grantee: King County Department of Natural Resources Attn.: Becky Martin 201 South Jackson Street, Suite 600 Seattle, WA 98104 16. Grantor's Title Warranty The Grantors warrant that they have good and sufficient title to the Property, free from all encumbrances except those set forth in Exhibit D attached to and made a part of this Deed, and hereby promise to defend the same against all claims that may be made against it. 17. Legal Fees In the event of any action or proceeding arising out of this agreement, the prevailing party shall be entitled to an award and reimbursement of reasonable attorney's fees and court costs. 18. Severability If any provision of this Deed is found to be invalid, illegal or unenforceable, that finding shall not affect the validity, legality or enforceability of the remaining provisions. t,. 19. Acceptance TDC Purchase and Sale-Davis-Kent.doc Page 19 of 23 2/13/01 1 The Grantee hereby accepts without reservation this Grant of Deed of Conservation Easement. IN WITNESS WHEREOF, the Grantors and Grantee, intending to legally bind themselves, have set their hands on the date first written above. GRANTORS: Ventis Capital, LLC, a Washington limited liability company BY: Title: m& � o-tv" t-- GRANTEE: King County BY: Title: STATE OF WASHINGTON, } }SS. COUNTY OF KING } I hereby certify that I know or have satisfactory evidence that GP—erm -J6} is/are the person(s)who appeared before me,and said person(s)acknowledged that_he signed this instrument, on oath stated that_he is/are authorized to execute the instrument and acknowledged it as the rALgiby of Ventis Capital, LLC, to be the free and voluntary act of Such party for the uses and purposes mentioned in this instrument. Dated: a 1I ^� r�P EBY R ;ti Notary, ublic in and fo t State of Washington, /�Ql�O \yg10N�q•• Ci1�1, resi ' g at !mAO U`%OTARy % My appointment expires PUBI IG /+tt r2.19 oa-, CPW k. TDC Purchase and Sale-Davis-Kent.docPage 20 of 23 2/13/01` i The Grantee hereby accepts without reservation this Grant of Deed of Conservation Easement. IN WITNESS WHEREOF, the Grantors and Grantee, intending to legally bind themselves, have set their hands on the date first written above. GRANTORS: Ventis Capital, LLC, a Washington limited liability company BY: ' Title: GRANTEE: King County BY: Arw1M1� �J Title: 61-ik-&iAwA(4c , ,►u, DyLi�tpr✓ STATE OF WASHINGTON, } )SS. COUNTY OF KING } I hereby certify that I know or have satisfactory evidence that is/are the person(s) who appeared before me, and said person(s) acknowledged that he signed this instrument, on oath stated that_he is/are authorized to execute the instrument and acknowledged it as the of Ventis Capital, LLC, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: Notary Public in and for the State of Washington, residing at My appointment expires t.. TDC Purchase and Sale-Davis-Kent.docPage 20 of 23 02/14/01 STATE OF WASHINGTON) )SS. COUNTY OF KING ) I certify that I know or have satisfactory evidence that DegovAN L. A h is the person who appeared before me, and said person acknowledged that She signed this instrument, on oath stated that the is authorized to execute the instrument and acknowledged it as the A%,1.,AAf&oo , J�/Arf-rl- AIM tprJO .2«13ACV5 gpV(S#+�J , Department of Natural Resources of King County to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Z/�'-//o / Nottary Public in and forth tale of Washington Residing at r?c-cv fA + My appointment expires to/3o/oy 00TA�� �00 1f+s ��nnunnaa`` ti.. TDC Purchase and Sole-Davfs-Kentdochge 21 of 23 02/14/01 1 EXMBIT A The Last half of that portion of the Northeast quarter of the Southwest quarter of the Southeast quarter of Sectiop 5, 'Township 22 North, Range 5 East, W.M., in King County, Washington, lying Westerly of the Cast 330 feet; EXCEPT'the North 282 feet therbof; (ALSO KNOWN AS Lot B of King County Lot line Adjustment No. 883083.) r , t E7=rr B fVOTICL $UbbIV�Slol{„ 11111 lkeleb If fureitb'ed at 1 wattety only by flstt Aotedc+o rich PO.Wrr 71Ue 1toea'Coegrany rod It It Nl2I.pNt bf etry title OTII f3�C 1WNSFIP ' r✓ I1N6 S eetneYleeel or polley of ddb lorwrim l, ildl Atith Is furnished edely for the pmrpote of Walter io lealletlhapremle"and do"mot purport lethow all hlfir"Ye. W '•,. be p e,or"Jeffupoorettu efitethfo the property. No tergula should be pUeed upoe Uit eketcJ,for the(oeritloe of dileeestaes of the property and no liability It unused for the eortateetl tbenef. fl1�fs-_-.7�`)�r --�.} .Uf ..I'�_ R[Y.w •-��;rrr��� •r. J I A�' ., t too Q [ JJ/ ere'.1-.eC eel0. / N If t 'I•rrrwr .w1 /Ju Lot tj v3i I 1 a�,l e+l• r I.M,. 1r Ie/.•I•.YY It. . . Y».Ij.yi A ' rRM ft .—'3. ._r•ee•ff} tlll>s�,. ^—MO0 e` y •u r if7r 1 -tr u.J.Jr>,Ji�i���'/1 i.�-- .• �!A lot ! is Or fl� IAMP�© k g 4.40 t Z K A e � 0 �1 :•�tw/ NAN I►AN w ♦q•N•JIM JJAN t• JI .If•.t t SIR II •/a•N.r 1H.f[ t1 / .31 / .• /I. 1 rkcua u.JreeJ ` A••,t• i.e.uI ,e..... s 1i IJ••.raes t . ft . M ere...e Fpitt. atx fi Wit t a 16,• uu . i 110, 00 e' • wi w Ate 1 It,1I {I lli'ar� �. N• + LIs 4' se'e N�+ d t r•w. NIla lreL wN-,a•wm !•.fan Man! 1 .0 Z !E 206111,sx •••• .....0 1r'ee ts..w A. .I Ja.�/a. N.Y r •r ... ���f�y N.u• 10 r. r. 1 l✓XIIIBIFI U PERMITIED EXCLAITIONS/1TV1,133 R POW17 'those special exceptions listed on First American Tille Insurance Company Title Report *826864-CE dated wry 13, 20D1 and any supplements thereto (which Title Report and Supplement are incorporated into (his Agreement by this reverence)uumbeted 5,6,7,8,9 and 10. I I r Read, Accepted, and Approved: Recording Requested By And When Recorded Mail To: King County Department of Natural Resources Water and Landh Resources Division Resource Lands/Open Space Section 201 S. Jackson, Ste. 600 Seattle, WA 98104-3854 Certificate Number P0027 - Date Issued W /3 01 DDES File Number A99P3116 King County Transfer of Development Credit Pilot Program 201 S. Jackson, Suite 600 Seattle, WA 98104-3854 TRANSFER OF DEVELOPMENT CREDIT SENDING SITE CERTIFICATE Pursuant to King County Code 21.A.55 Grantor King County, a political subdivision of the State of Washington Grantee Ventis Capital, LLC, a Washington limited liability company Legal Description SW%, SW'/45-22-5 Assessor's Tax Parcel Number 052205-9225-04 This certifies that Ventis Capital, LLC, a Washington limited liability company owns 32 transfer of development credit(s) removed from the parcel(s) for which the tax parcel identification number(s) and legal description(s) are provided in Exhibit A hereto attached, which has been qualified as a transfer of development credit sending site. This certificate identifies the number of development credits that the owner may use or sell consistent with the provisions of King County Code 21A.55. The official record of these credits is maintained by King County. If there is any discrepancy':between the number of credits identified on this certificate and the official record, the official record shall control. The development credits may be used only on a receiving site(s) that has/have been given final approval for additional residential density achieved through the transfer of development credits in accordance with the King County Zoning Code (K.C.C. 21A). Approved by Representative of the King County Transfer of Development Credit Program'Interagency Review Cbmnlittee 2 13 n1 Signature Date Page 1 of 4 STATE OF WASHINGTON ) )SS. COUNTY OF KING ) I I certify that I know or have satisfactory evidence that Mark Sollitto is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument and acknowledged it as the Program Manager, Transferable Development Credits Program of King County to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: ry ,0 Notary Public in and for the �`��v.•iN� 10N ' s State of Washington s `� MouRr g Residing at DES W l NHS A&B06 My appointment expires I °3 fill, A6q�q� k. certificate Number 00022 Date Issued DDES File Number A99123116 Pfage 2 of 4 VIS XENIX., ,II If any of the development credits identified on this certificate are sold, conveyed, transferred and/or redeemed for use, the person acquiring and/or redeeming the credits shall within ten (10) business days deliver to the King County Transfer of Development Credit Program this original certificate with this section properly completed. Upon receipt, certificate(s) will be Pe-issued to reflect the new number of credits - available, if there are any, to the owner or to the person acquiring the credits after the sale, transfer, conveyance and/or redemption reported herein. 1 A. Fill out this section for a sale, conveyance or transfer of credits. 1. GRANTEE (Buyer) NAME: ADDRESS: CITY/ STATE: ZIP CODE: 2. GRANTOR (Seller) NAME: ADDRESS: CITY: STATE/ZIP: 3. NUMBER OF CREDITS SOLD, TRANSFERRED OR CONVEYED 4. DEVELOPMENT CREDIT SELLER APPROVAL Signature of Seller Date a.. 5. DEVELOPMENT CREDIT BUYER APPROVAL Signature of Buyer Date 6. ATTACH WRITTEN EVIDENCE OF THE TRANSACTION (e.g. Contract of Sale, Bill of Sale) Certificate Number=22 Data Issued DDES File Number A9gP3116 Page 3 of 4 1 � i B. Fill out this section for a redemption of credits for use at a receiving site. 1. OWNER (Person Redeeming Credits) NAME ADDRESS CITY ' STATE/ZIP 2. RECEIVING SITE FOR WHICH DEVELOPMENT CREDITS ARE REDEEMED: TAX PARCEL NUMBER(S) 3. KING COUNTY DEPARTMENT OF DEVELOPMENT AND ENVIRONMENTAL SERVICES RECIEVING SITE DEVELOPMENT APPLICATION FILE NUMBER 4. KING COUNTY DEPARTMENT OF DEVELOPMENT AND ENVIRONMENTAL SERVICES RECEIVING SITE DEVELOPMENT APPLICATION APPROVAL DATE 5. NUMBER OF CREDITS REDEEMED 6. DEVELOPMENT CREDIT REDEEMER APPROVAL Signature of Redeemer Date C. Fill out both Sections A and B If credits are being sold, conveyed or transferred and redeemed at the same time. Certificate Number 00022 Date Issued ODES File Number A99123116 Page 4 of 4 EXHIBIT A LEGAL DESCRIPTION The East half of that portion of the Northeast quarter of the Southwest quarter of the Southeast quarter of Section 5, Township 22 North, Range 5 East, W.M. , in King County, Washington, lying Westerly of the East 330 feet; EXCEPT the North 282 feet thereof; (ALSO KNOWN AS Lot B of King County Lot line Adjustment No. 883083. ) TOGETHER WITH an easement for ingress, egress and utilities over the West 25 feet of the following described property: The South 267 feet of the North 282 feet of the East half of that portion of the Northeast quarter of the Southwest quarter of the Southeast quarter of Section 5, 'Township 22 North, Range 5 East, W.M. , in King County, Washington, lying Westerly of the East 330 feet; EXCEPT the East 80 feet of the North 150 feet thereof; (ALSO KNOWN AS Lot A of King County Lot Line Adjustment No. 883083. ) R.. . ,j I A 14 E : 2 HistAmez can TidelnmHawc Col 4ww 2101 FOURTH AVENUE, SUITE 712, SEATTLE, WA 99121 NATIONAUCOMMERCIAL-21MION TITLE UNIT - CE FAX NO. (206) 615-3000 mum COOPER TITLE OFFICER (206) 615-3107 ORDER NO. 826564-CS Read and Approved: YOUR NO. 39155JMCI VENTIS CAPITAL/CITY OF KENT TO: FIRST AMERICAN TITLE INSURANCE COMPANY 13010 NORTHEAST 20TH STREET SUITE A BELLEVUE, WA 98005 ATTN: JEAN COUCH SECOND REPORT SCHEDULE A 1. EFFECTIVE DATE: FEBRUARY 13, 2001 AT 7:30 A.M. 2. PROPOSED INSURED: THE CITY OF KENT, A MUNICIPAL CORPORATION OF THE STATE OF WASHINGTON 3. POLICY/POLICIES TO BE ISSUED: AMOUNT PREMIUM TAX ...;?0q30o.0o -7RS.00- STANDARD OWNER'S COVERAGE IN b& AMOUNT OF THE PURCHASE PRICE aSemerLt- Cove-y-cae— 4?o,oC) 4. THE ESTATE OR INTEREST IN THE LAND DESCRIBED ON PAGE 2 HEREIN IS FEE SIMPLE AS TO PARCEL A AND AN EASEMENT INTEREST ONLY AS TO PARCEL B AND TITLE THERETO IS AT THE EFFECTIVE DATE HEREOF VESTED IN: VENTIS CAPITAL, LLC, A WASHINGTON LIMITED LIABILITY COMPANY 5. THE LAND REFERRED TO IN TIES COWAMAENf IS DESCRIBED IN LEGAL DESCRIPTION ATTACHED HERETO. b,. Page 1 600/Z000 II3HLY3 9 lima gfzg OF 90Z IY3 00:TT TOOZ/TZ/ 0 LEGAL DESCRIPTION ORDER NO. 826864-CE PARCEL A: THE EAST HALF OF THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER IN SECTION 5, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING WESTERLY OF THE EAST 330 FEET; EXCEPT THE NbRTH 292 FEET THEREOF; (ALSO KNOWN AS LOT B OF KING COUNTY LOT LINE ADJUSTMENT NO. 883083.) PARCEL B AN EASEMENT FOR INGRESS AND EGRESS AS DISCLOSED BY AND DESCRIBED IN KING COUNTY RECORDING NO. I Page 2 Boo/Booq� 'II8HSV3 9 .LINK 8DZ9 Ott 90Z %Vd 00:11 TOOZ/I / .o SCHEDULE B -SECTION 1 REO MENTS THE FOLLOWING ARE THE REQUIREMENTS TO BE COMPLIED WITH: ITEM (A) PAYMENT TO OR FOR THE ACCOUNT OF THE GRANTORS OR MORTGAGORS OF THE FULL CONSIDERATION FOR THE ESTATE OR INTEREST TO BE INSURED. ITEM (B) PROPER INSTRUMENT(S) CREATING THE ESTATE OR INTEREST TO BE INSURED MUST BE EXECUTED AND DULY FILED FOR RECORD. SCHEDULE B - SECTION 2 GE_ & EXCEPTIONS THE POLICY OR POLICIES TO BE ISSUED WILL CONTAIN EXCEPTIONS TO THE FOLLOWING UNLESS THE SAME ARE DISPOSED OF TO THE SATISFACTION OF THE COMPANY. THESE EXCEPTIONS WILL BE ELIMINATED ON ANY FORTHCOMING EAGLE PROTECTION POLICIES ISSUED. A. TAXES OR ASSESSMENTS WHICH ARE NOT SHOWN AS EXISTING LIENS BY THE RECORDS OF ANY TAXING AUTHORUY THAT LEVIES TAXES OR ASSESSMENTS ON REAL PROPERTY OR BY THE PUBLIC RECORDS. B. ANY FACTS, RIGHTS, INTERESTS, OR CLAIMS WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS BUT WHICH COULD BE ASCERTAINED BY AN 114SPECTION OF SAID LAND OR BY MAKING INQUIRY OF PERSONS IN POSSESSION THEREOF. C. EASEMENTS, CLAIMS OF EASEMENT OR ENCUMBRANCES WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS. D. DISCREPANCIES, CONFLICTS IN BOUNDARY LINES, SHORTAGE IN AREA, ENCROACHMENTS, OR ANY OTHER FACTS WHICH A CORRECT SURVEY WOULD DISCLOSE, AND WHICH ARE NOT SHOWN BY PUBLIC RECORDS. E. (A) UNPATENTED MINING CLAIMS; (B) RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF; (C)WATER RIGHTS, CLAIMS OR TITLE TO WATER; WHETHER OR NOT THE MATTERS EXCEPTED UNDER (A), (B) OR (C) ARE SHOWN BY THE PUBLIC RECORDS; (D) INDIAN TRIBAL CODES OR REGULATIONS, INDIAN TREATY OR ABORIGINAL RIGHTS, INCLUDING EASEMENTS OR EQUITABLE SERVITUDES. F. ANY LIEN, OR RIGHT TO A LIEN, FOR SERVICES, LABOR, MATERIALS OR MEDICAL ASSISTANCE THERETOFORE OR HEREAFTER FURNISHED, IMPOSED BY LAW AND NOT SHOWN BY THE PUBLIC RECORDS. 0. ANY SERVICE, INSTALLATION, CONNECTION, MAINTENANCE, CONSTRUCTION, TAP OR REIMBURSEMENT CHARGES/COSTS FOR SEWER, WATER, GARBAGE OR ELECTRICITY. H. DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS, IF ANY, CREATED, FIRST APPEARING IN THE PUBLIC RECORDS OR ATTACHING SUBSEQUENT TO THE EFFECTIVE DATE HEREOF BUT PRIOR TO THE DATE THE PkOPOSED INSURED ACQUIRES OF RECORD FOR VALUE THE ESTATE OR INTEREST OR MORTGAGES THEREON COVERED BY THIS COMMITMENT. Page 3 800/9001� IT3HIV3 2 I.INR 079 Ott 90Z TVA 00:TT TOOZ/TZ/ZO 1 SCHEDULE B - SECTION 2 CONT. ORDER NO. 826864-CE SPECIAL EXCEPTIONS 1. LIEN OF THE REAL ESTATE EXCISE SALES TAX AND SURCHARGE UPON ANY SALE OF SAID PREMISES, IF UNPAID. AS OF THE DATE HEREIN, THE EXCISE TAX RATE FOR UNINCORPORATED KING COUNTY IS 1.78%. LEVY CODE: 5092 2. GENERAL TAXES. THE FIRST HALF BECOMES DELINQUENT AFTER APRIL 30TIL THE SECOND HALF BECOMES DELINQUENT AFTER OCTOBER 31ST. YEAR: 1 2001 AMOUNT BILLED: S 2,942.58 AMOUNT PAID: S NONE AMOUNT DUE: S 2,942.58,PLUS INTEREST AND PENALTY, IF DELINQUENT TAX ACCOUNT NO.: 052205-9225-04 ASSESSED VALUE OF LAND: S 204,300 ASSESSED VALUE OF IMPROVEMENT. S NONE (AFFECT'S PARCEL A) 3. GENERAL TAXES. THE FIRST HALF BECOMES DELINQUENT AFTER APRIL 30TH.- THE SECOND HALF BECOMES DELINQUENT AFTER OCTOBER 31ST. YEAR: 2001 AMOUNT BILLED: $ 2,060.22 AMOUNT PAID: S NONE AMOUNT DUE: S 2t06O.22, PLUS INTEREST AND PENALTY, IF DELINQUENT TAX ACCOUNT NO.: 052205-9251-05 ASSESSED VALUE OF LAND: $ 60,000 ASSESSED VALUE OF IMPROVEMENT: S 77,000 (AFFECTS PARCEL B AND OTHER PROPERTY) 4. EVIDENCE OF THE AUTHORITY OF THE INDIVIDUAL(S) TO EXECUTE THE FORTHCOMING DOCUMENT FOR VENTIS CAPITAL, LLC, A WASHINGTON LIMITED LIABILITY COMPANY, COPIES OF THE CURRENT OPERATING AGREEMENT SHOULD BE SUBMITTED PRIOR TO CLOSING. 5. RESERVATIONS AND EXCEPTIONS, INCLUDING THE TERMS AND CONDITIONS THEREOF: RESERVING: MINERALS RESERVED BY: NORTHERN PACIFIC RAILWAY COMPANY RECORDED: FEBRUARY 169 1900 RECORDING NO.: 186921 6. EASEMENT AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: CHRISTIAN A. SELANDER, SR. AND: ALBERT C. SELANDER, JR. AND EDNA SELANDER, HUSBAND AND WIFE AND: ANNA O. ROOK, A SINGLE WOMAN AND: MABEL ENGLE, A SINGLE WOMAN AND: DESMOND GUINN AND ISA MAY GUINN, HUSBAND AND WIFE RECORDED: APRIL 27, 1943 k RECORDING NO.: 33OS915 Page 4 600/2000 9 ,LINK 86Z9 896 90Z" fyvj-TO`Tf-TOOZ/TZ/ZO i SCHEDULE B - SECTION 2 CONT. ORDER NO. 926864-CE 7. WINSTON WATER SYSTEM AGREEMENT ANA THE TERMS AND CONDITIONS THEREOF: BY AND BETWEEN: C. C. ROE, CLARA S. WINSTON, HARRY ARNOLD, MINNIE L.DOW, RUTH A. TAYLOR, P. H. CULLEN, G.M. BELLY J. E. HAYES AND T.. W. ROE RECORDED: JUNE 15, 1945 RECORDING NO_: 3473389 8. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: MAY 179 1%7 RECORDING NO.: 6349939 IN FAVOR OF: WATER DISTRICT NO- s8 FOR: WATER MAIN AFFECTS: THE LEGAL DESCRIPTION CONTAINED IN SAID EASEMENT IS NOT SUFFICIENT TO DETERMINE ITS EXACT LOCATION WITHIN SAID PREMISES 9. DEVELOPER EXTENSION REIMBURSEMENT AGREEMENT AND THE TERMS AND 'CONDITIONS THEREOF: BETWEEN: CASCADE SEWER DISTRICT AND: TOM AND VICKIE ROBERTS RECORDED: JULY 23, 1981 RECORDING NO.: 8107230404 10. TERMS, COVENANTS, CONDITIONS AND RESTRICTIONS, IF ANY, AS CONTAINED IN UNRECORDED LOT LINE ADJUSTMENT NO. LLA$93083 AS DISCLOSED BY THE LUNG COUNTY TAX ROLLS. 11_ DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: VENTIS CAPITAL, LLC, A WASHINGTON LIMUED LIABILITY COMPANY TRUSTEE: FIRST AWRICAN TITLE INSURANCE CO. BENEFICIARY: KEYBANK NATIONAL ASSOCIATION AMOUNT: 351,041.75 DATED: FEBRUARY 11,2000 RECORDED: FEBRUARY 24,2000 RECORDING NO.: 20000224001452 (AFFECTS PARCEL A) k. Page 5 600/900 a IT39LV3 ' 9 .LINT] 9DZ9 96b 90Z %V3 WIT T009/TZ/Z0 SCHEDULE B - SECTION 2 CONT. ORDER NO. 826864-CE 12. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: VENTIS CAPITAL, LLC, A WASHINGTON LIMITED LIABILITY COMPANY TRUSTEE: FIRST AMERICAN TITLE INSURANCE CO. BENEFICIARY: KEYBANK NATIONAL ASSOCIATION AMOUNT $ 150,906.65 DATED: FEBRUARV 18, 2000 RECORDED: FEBRUARY 24, 2000 RECORDING NO.: 20OM240011491 (AFFECTS PARCEL B AND OTHER PROPERTY ) 13. DELINQUENT OI;NERAL TAXES. YEAR 2000 AMOUNT 13ILLED: S 3,059.11 AMOUNT PAID: S NONE AMOUNT DUE: S 3,059.11, PLUS INTEREST AND PENALTY TAX ACCOUNT NO.: 052205-9225-04 ASSESSED VALUE OF LAND: S 204,300 ASSESSED VALUE OF IMPROVEMENT: S NONE (AFFECTS PARCEL A.) 14. DELINQUENT GENERAL TAXES. YEAR: 2000 AMOUNT BILLED: •S 1,973.97 AMOUNT PAID: S NONE AMOUNT DUE: S 19973.97, PLUS INTEREST AND PENALTY TAX ACCOUNT NO.: 05220-4-9257-05 ASSESSED VALUE OF LAND: S 58,000 ASSESSED VALUE OF IMPROVEMENT: S 68,000 (AFFECTS PARCEL B AND OTHER PROPERTY ) 15. CONSERVATION EASEMENT AND COVENANT FOR PARK USE, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: RECORDING NO.: IN FAVOR OF: KING CORNTY, A POLITICAL SUBDIVISION OF THE STATE OF WASHINGTON FOR: CONSERVATION AND PARK USE ti.. Page 6 600/L000 '1'I3H.LYd 9 .LINfl 8bE9 86b 90E %Vd TO:TT TOOE/T / .0 SCHEDULE B - SECTION 2 CONT. ORDER NO. 826864-CE NOTE #1: ACCORDING TO THE APPLICATION FOR TITLE INSURANCE, TITLE IS TO VEST IN THE CITY OF KENT, A MUNICIPAL CORPORATION OF THE STATE OF WASHINGTON. EXAMINATION OF THE RECORDS DISCLOSES NO MATTERS PENDING AGAINST SAID PARTY(IES). ' INFOPJ"TIONAL NOTES: EFFECTIVE JANUARY 1, 1997, AND PURSUANT TO AMENDMENT OF WASHINGTON STATE STATUTES RELATING TO STANDARDIZATION OF RECORDED DOCUMENT'S, THE FOLLOWING FORMAT AND CONTENT REQUIREMENTS MUST 13E MET. FAILURE TO COMPLY MAY RESULT IN REJECTION OF THE DOCUMENT BY THE RECORDER. ANY SKETCH ATTACHED HERETO IS DONE SO AS A COURTESY ONLY AND IS NOT PART OF ANY TITLE COMMITMENT OR POLICY. IT IS FURNISHED SOLELY FOR THE PURPOSE OF ASSISTING IN LOCATING THE PREMISES AND FIRST AMERICAN EXPRESSLY DISCLAIMS ANY LIABILITY WHICH MAY RESULT FROM RELIANCE MADE UPON 1T. THE DESCRIPTION CAN BE ABBREVIATED AS SUGGESTED BELOW IF NECESSARY TO MEET STANDARDIZATION REQUIREMENTS. TIDE FULL TEXT OF THE DESCRIPTION MUST APPEAR IN THE DOCUMENT(S) TO BE INSURED. SECTION 5 TOWNSHIP 22N RANGE 5E SW QUARTER SE QUARTER TAX PARCEL NUMBER(S): 052205-9257-05 & 052205-9225-04 G,. Page 7 600/9000 'ITSHLV3 � , 9 lima 8DS9 Ott 80Z %Yd lo- T 00 / / SCHEDULE B - SECTION 2 CONT. ORDER NO. 826864-CE A FEE WILL BE CHARGED UPON THE CANCELLATION OF THIS COMMITMENT PURSUANT TO THE WASHINGTON STATE INSURANCE CODE AND THE FILED RATE SCHEDULE OF THE COMPANY. - END OF SCHEDULE B RJ/EJH ' CC: VENTIS CAPITAL, LLC 5932 167TH AVENUE SOUTHEAST BELLEVUE, WA 98006 ATTN: GREG JONES CC: KING COUNTY OFFICE OF OPEN SPACE PARKS DIVISION 201 SOUTH JACKSON, SUITE 600 SEATTLE, WA 99104 ATTN: VEIL T. DEGOOJER CC: DEPARTMENT OF PARKS AND RECREATION -CITY OF KENT 220 FOURTH AVENUE SOUTH KENT, WA 98032-5895 ATTN: JOHN HODGSON CC: CITY OF KENT 220 FOURTH AVENUE SOUTH KENT, WA 99032-5895 ATTN: KIM ADAMS PRATT Page 8 Nn0/BOOIil1 'PTAA,T,`+.i9 ,T.TNfI RF7.A Rh6 An� 7 Tn:TT Tnn7/T7/7n . .— ORDER No. �`o ncE SUBDIVISION, ... This Sketch is furnished as a courtesy only by First Americo RCDG NU./V6L I PG. Title Iasursate•Company and it.Is Z!Q'[ a part of my tide QTR S� SECS TWNSNP 2��✓ RNG �F commitment or policy of tide insumnaL N This sketch is furnisbed solely for the purpose of assirtiog in „ locating the premites and does not purport to show all highways. W �,•• E roads,or easements aRectine the property. No teliance should be placed upon this sketch for the location or di—lions of the property and no liability is assumed for the correctness thereof. e t'v tY Lev' i �' ti•• • r• I'-•�g AJ1• N n Z �y}. re.se I I ,n..�/ I r_..Yw �, u u y .•.�� i t I i , N Y} wf wa.111n _ u. J:. f X WM1f1. MJI�J•J -I' '� l'YI M.I/. JI II oil /))../ 1263.53 «.raw nH _�.. �s.+•ri . .- '� Z r i..wrca,. a rse s ro a�•sac rue .as { 4 3 � >• el ..•.....n.Y>•`N...t /as � hl I v I•..b wM-I YI T.e. N g « p �I I�,A t a C i a WI i �O 1Z !� wl LOT sag=1t ail nI)OAK � M 1� _ i�. ef' �• 19• L® At/ R iiae rqr rT-a.wr 1 I _e•3e•we. I19.lf0 �_ sod se I,c• tit it,ItO^ A _ .xe•sa-Isw _ - ,•,•-"'••`• a LOT P t Taw, J. lrlJe .. rJA Jw/(i,",Of a !!I to s.s.fJ I If40 k O I± M I4 "1t �fisa ! got ° r I Q re 1 cif 4 � o i I • 1 k ��W w ,«a I+eta *A`�,• ' 0 4'I� ��i+j /f+�N Is+1I,e WN-W-SAW J)e.00 -ee e' • �:i..e 1 Jn ee .r ee-sa ve car a/1.» /, (N4Lr.1 N.l.ae� � eeeteel � Ne .if. w IfefeTe�eL i t1. CIO �"w"• .nnr aalpc. 2 Al N • t 0 lb J! a rjf JL 19 fit, N Q OO �? <H eMJa�.ee v ti� !/c l2 .s..e I j j y��/0� 2t !• ...-, -eZlr of ... � � ,p i 61 A� or.f..J+es 0 n b .t :I a9 I �fr-. I \0 � se� lO ! r7`a�+54 11tIti I I i c 4LI •y,d o � L / I IF t . 1 t I ,,;•�• O wen .. ... ae lw.0 .I w•te-.e../ a•s re •ee it Y '�� •••••••� 4"Aw «..w.g . + X 1 AVOW 200T1 S� Sent By: LAW UFF1Gtj 2U61/U/6Ui Faye I Ricci GRUBS AiTA, PLLC -- ATTORNEYS AND COUNSELORS AT LAW 1080 BROADACRO BAILDINO 1601 ftcoNDAvmus I SEAMh,WASMNGI.ON 98101 TELEN110Nli(206)770.7606 FACSIMILE(206)770-7607 DATE: February 21, 2001 TO: Jean Couch Fax: 425-869-5922 First American Title Co. FROM Debra Eby Ricci RICCI GRUBE AITA, PLLC RE: Ventis Capital/City of Kent/King County PAGES: Cover plus 4 pages COMMENT: Jean, I have confirmed with King County and my client as to the best solution to the Excise Tax problem. The accessed value of the property is:attached hereto as provided by King County. We should assign 75% of this value to the Conservation Easement given by Ventis Capital to King County and 25 % I of this value to the fee simple gift of the land to Kent for the park. l i believe that you have Excise Tax Affidavit Forms in your office. Please follow the above formula and prepare accordingly. FYI I have collected the following information for the form: Seller is always Ventis Capital LLC Grantee is King County for the 75%and City of Kent for the 25% Tax information is to be directed to: Greg Jones/Ventis Capital LLC 3315 East Lake Sammamish Shore lane SE Lake Samnuimish, WA 98029 Property is currently not forest land or farms or agriculture/ land only/ principal use Is open space/zoned residential Property is located in unincorporated King County/ There is no personal property on the site and no improvements on this parcel. The parcel tax number is: 052205-9225. i The legal description is included herewith as Parcel l3/ Once these affidavits are prepared call Greg Jones at (425) 864-0324 which is his cell and he will come and sign the forms. I hope this helps. Call me if there are any questions/Debra Ricci NOTE RE FAX TRANSMITTAL: - 'R/py Sent By: LfW OFFICE; 2067707607; Feb-21 -01 11 :34; Page 2 Dcbra Ricci Ricci Grube Aita Fax to First American Title: Ventis Capital If difficulties arise in the transmission, please contact our office at the above telephone t numbers immediately. Note that the ori&al/hwd copy of these documents will not follow, unless otherwise indicated. CONFIDEMULIT`I'NOTICE: The documents eccompsying this Facsimile trarsmiasion contain Information that is or mny be confidential or privileged. The information is tatcaded for the stile use of the Individual or entity named on this transmission sheet only. If you ere not the Intended recipient,or an agent or employee of the recipient,please be trwere that any disclosure,copying.distribution or use of this lnfbrrrmtion is prohibited, if you have received this Facsimile In error,please notify us by collect telephone call immedimely,and we will arrange for the retrieval of the documents. Thank you. r k. Sent By: LAW OFFICE; 2067707607; Feb-21 -01 11 :34; Page 3/5 i 82620/2881 11:36 2536593738 DAVIS (x]NSUI.TING PAGE 81 SCUR U(,$ A4 / YOLXY No. 4osa -1 TIM LAMA RUMED TO IN TM 34LWY 83 WMATSD IN TIIE srATE OF WAMMgG K COUNTY OF MG Am TS DusMmBD A6 FOLLOWS: PARCEL A: TM SOUTH 267 FSST OF THE NORTH 2$2 PEET OF T= RUT HALF OF THAT PORTION OF TIM MORTIMAST QUARTffit OF t$E SOUTRWRRT QIIARTIR OF TINE 6� SOUTIMST QUARTER IN SECTION 5, TOMSXIP 22 NORTH, RAC 9 $AST, N.M. , IN RING COUNTY, WASEMIGTUFN, LTINO NBSTER7,T OF THE EAST 330 FBBTs EXCEPT TIM BUT 80 PnT OF TIM NORTH 15v piimT TIIEREO$j (ALSO XROWN As LOT A OF KMG Cot1DTT! LOT LINE ADjUSTMMT NO. OBA083_) PARCEL 3: ----- -- '�(` / THS EAST HALF OF THAT PORTION Ol Txz NORTMMT QUARTER OF THE BOUTOMST QUARTER OF TEE 8OUT11HAST QMRTER IN 8$CT19N 5, TOMSHIP 1 C' 21 MOR.THo RANGE 5 UUT, 1R.H., IN XIM CDUIVTY, NUKIbl( IMO LYING NHSTERLY OF THE EAST 330 FMM; EXCEPT THE NM7H 282 F'.6ST TllZMF; (ALSO 14a' M AS LOT B OF KING COUNTT LOT LINE AWU$TMSST NO, �, 1� 0183083 .) 0 57; J-10/22 k Sent By: LAW OFFICE; 2067707607; Feb-21 -01 11 :35; Page 4/5 n tlunlvYull &/ la/ui luiru7 IYV02Y0'19Ip -r LAR U►P.L ftj Face '1 FEB 13 '01 i1153AM AG & RES LANDS SCC P.2i3 = mz rR 0 6 CAp PROP -' R r r f' lt o r z z z e Xlnp' . (ipL) ""ii*rlA www"�"wor/aer"iitrriif rid"{.pia{""""«!"w,�,",lwwa►wMlr"aaaai"liaa!}aaaaaial+aai�"i+ a a a rr r{tiYrrrr •.YYr—'S " OWNEhSHIP INFORMATION rrVrrrrrYrNgtirlrrdl:a a " PorCe1 Number :052205 92254L 04 " " Building Id 4 Q:86 5:05 T:22N R:05E + Parcel Type :UnDlatted + + owner/Taxpayer :Hopkins Donald L " * CoOwner a + Site Address :wNO Site Address" " * Mail Address :11023 SE 204Th St Kent Wa 98031 ! + Telephone :Ownex:253-052-9910 ! a � Tenant; w M1rrwarrarrbrrrrgYYrrgrrr " SALES AND LOAN INFORMATION { " rrrrrwrwrryrarr�arrM1:rrrr a a * Recording Date 112/09/1903 Loan Amount " * Auditors Fee M :1127 Lander " " Sale Price : ! " Loan De 9 Ted Type Quit Claim InteresteRate + Vesting Type " rrrrYrrwar tart " y. rrrrarrrrr;Yre ASSESSMENT AND TAX INFORMATION ! " rrMrarr ! * drrrrArrrr�brlrYerrrrw,a " Land 1$204,300 4 Improved " Structure 2000 Taxes + Total t$204 300 Exempt Code $3,039.11 a + Levy Codo : Excise TAX i 032773 a i " rYrrrrrr:or r " a PROPERTY DESCRIPTION + a nr.v�rrr—rriarrvp#r a " Census ! :Tract: Block: " Map Grid :686 D3 « " Heighborhd Cd :070050 " " Zoning Code :R24P a " Land Use :301 vaeant,Multi-gamily " + Legal :STR 052205 TARLOT 225 E 1/2 of p0R " :OF N$ 1/4 OF SW 2/4 OF SE 1/4 LY W " + a * Sub/Plat :OF E 330 E•I' OP SD SUeD LESS N 282 t ! a Recording Num ! " short Plat " Building Name :vacant Land * volume : Page: i Jurisdctn :KING COUNTY " w " " " aww««w««««►""«"«�"«w«�,AM"w*walla«ala+{aaaia profile-Pa Q 1 of 2 + aaasywai+. a*l�wwwwllygwala«aa!{«Oaiay"1►««""a4 T6elNbnnlHon P,rwlCef lr DlOna/JrcUnlb/a dti h Nwe GAaMwee![ Sent By: LAW OFFICE; 2067707607; Feb-21 -01 11 :35; Page 515 N�O 11V00: 1 G/7:1/Vl IU: FU� 11LVQ6tlO1M/p �� twer ,rraVGr rryr a FEE 13''0t 11=53AM Ara & RES LPND' SCC P.3/3 = MJI r ! 08CAN JPjt0VSlt rr PltorT zxjw Xing , on) rwi#wiwrrr#•a�*rrrw"♦rr�w0rr•rwww«wtwr##i##r!#itw�##wr!#lwrr###wtA4#!###wt##i0►##rw«•*#r # * Parcel #s052205 9225 Bldg Id s: i " t was rasrss_lasr�grrr,a U�rarta.• " PROPERTY-CHARACTERISTICS w# rewet•�wiawl���rr�rr.r�....� t # w * Bedrooms r ist Floor Sr : • Year Built #Bath Full 2nd Floor SF E£f Year # Bath 3/4 t 3+ Floor SaIrt GaxayeType w " bath 1/2 Half Floor Sr Bsmnt Type fireplace AboveGround$F SsmntGrade : r Deck Finished S Ft * Porch Fin Bsmnt S�' = 91dq Matt « * Blda cond Stories : UnlinBsmnt Bg : „ * Units BsmntTotal SF Bldg Grade , r " Elevator Hsmnt park BE 38rick/Stone: " Mobile Home a No euildin 8 Ft ! Heatsouree « " Nuisance Deck S Ft g Root Type " Easements Deck SgFt Sir . Ntx SOUCCO rFiater District + + q Sewer Type :Public # ! r « LAND INFOitMATION VILM INFOMTION w * STREET 1NFoRMATION Lot Acres .1.34 View allorle • r5t Surfacer :* Lot Sgrt 158,370 View Seattle Skyline r St ACoess :Public " Lot Shape s View Lake/River # " Tde/Upind View Lk Sadmamish " TopoProbs rYes View Mountain r " Sprinkler view Puget Sound # Mcr Front r view Mt PAInier r # WtrFrne6F View Olympicsr " " Golf Adj :No View Cades t ' + view Lake Washington t w " « view other a # r rr"w!#ww#i#♦twrirrr"#i*rr#irw#i.rrw"*rsww+lrw,+rr#wwtw+#prof.Me*Pwgwr?towtywrwt#w#rwwtr+t# . ?Aelq/br+�t7owRvriJ«/ltDranwR�fllbl�,oKlrNolGraw,ly� A S ' Rea Accepted a d Approver Return Address: �3)�,�1• KING COUNTY OFFICE OF OPEN SPACE 506 SECOND AVENUE, SUITE 708 SEATTLE, WA 98104 First American Tile Insurance Company DOCUMENT TITLE(S)(for transactions contained therein): 1. DEED OF CONSERVATION EASEMENT 2. 3. 4. Reference Number(s) of Documents assigned or released: (on page of document(s)) Grantor(s) 1.VENTIS CAPITAL, LLC 2. 3. 4. Additional Names on page of document. Grantee(s) 1. KING COUNTY 2. 3. 4. Additional Names on page of document. Legal Description(abbreviated i.e. lot,block,plat or section, township, range) SW QUARTER SE QUARTER, SEC 5, TWNSHP 22N, RGE 5E, RECORDS OF KING COUNTY, A Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number 052205-9225-04 The Auditor/Recorder will rely on information provided on the form. The staff will not read the document to verfly the accuracy or completeness of the indexing information provided herein. k EXHIBIT C CONSERVATION EASEMENT AND COVENANT FOR PARK USE When Recorded Mail To: King County Water and Lands Resources Division Office of Open Space 506 Second Avenue, Suite 708 Seattle, WA 98104 DEED OF CONSERVATION EASEMENT Grantor(Seller]: Ventis Capital, LLC,a Washington limited liability company. Grantee (Buyer]: King County, a political subdivision of the State of Washington. Legal Description(abbreviated): SW'/4, SE'/4 5-22-5 ,Additional legal(s)on Page 15 (Exhibit Assessor's Tax Parcel ID#: 052205-9257-05,052205-9225-04. This Deed of Conservation Easement is granted on this day of 2001, by VENTIS CAPITAL, LLC, a Washington limited liability company ("Grantors"), to King County, a political subdivision of the State of Washington, ("Grantee"), for the purpose of forever conserving the open space character, ecological significance, native vegetation and wildlife habitat features of the subject property. RECITALS The Grantors are the sole owners in fee simple of the real property ("Protected Property") legally described in Exhibit A, attached to and made a part of this Deed, which consists of approximately 1.34 acres of land located in King County, Washington. A map of the property is attached, and made part of this deed, as Exhibit B. The Protected Property is described on Exhibit A, attached hereto. The conservation features of the Protected Property, its current use and state of improvement, are described in a Present Conditions Report, prepared by the Grantee with the cooperation of the Grantors, and acknowledged by both to be complete and accurate, to the best of their knowledge, as of the date of this Deed. Both the Grantors and Grantee have been provided copies of the Report. The Report will be used by the Grantee to monitor compliance with the terms of this grant and to assure that any future changes in the use of the Property will be consistent with the TDC Purchase and Sale-Davis-Kenl.doc Page 11 of 23 2/13/01 terms of this Deed. The Report is not intended to preclude the use of other evidence to establish the present condition of the Property if there is a controversy over its use. The Grantors are selling the property interest conveyed by this Deed for the purpose of assuring that, under the Grantee's perpetual monitoring, the conservation features of the Protected Property will be conserved and maintained in perpetuity, and that uses of the Protected Property that are inconsistent with these conservation purposes will be prevented or corrected. The parties agree, however, that the current use of, and improvements to, the Protected Property are consistent with the conservation purposes of this Deed. The conservation purposes of this Deed are recognized by, and the grant of this Deed will serve, the following clearly delineated governmental conservation policies: 1. King County Draft Open Space Plan, which created the King County Open Space Program "...to protect King County's natural beauty and environmental quality...and to develop and maintain a dynamic open space system for the enjoyment and benefit for all." 2. Conservation Futures Tax Ordinance No. 10150, in which the King County Council finds there is an "increasing need to provide a system of public open spaces necessary for the health, welfare, benefit and safety of the residents of King County and to maintain King County as a desirable place to live, visit and locate businesses." 3. Conservation Futures Tax Ordinance No. 11068, in which King County establishes funding for the "purposes of acquiring public green spaces, green belts, open space, parks and trails..." 4. Waterways Motion No. 9175, in which King County commits to "preserving critical waterways in order to preserve these systems for habitat and recreational purposes." 5. Waterways Ordinance No. 11713, which allocates "remaining Waterways 2000 program funds to specific projects for purchase of interests in land, including fee simple and conservation easements..." 6. R.C.W. 84.34.010, in which the Washington State Legislature has declared "that it is in the best interests of the state to maintain, preserve, conserve and otherwise continue in existence adequate open space lands for the production of food, fiber and forest crops, and to assure the use and enjoyment of natural resources and scenic beauty for the economic and social well-being of the state and its citizens." The Grantee is a"qualified conservation organization," as defined by the Internal Revenue Code, and accepts the responsibility of enforcing the terms of this Deed and upholding its conservation purposes forever. k. TDC Purchase and Sale-Davis-Kent.doc Page 12 of 23 2/13/01 , 1. Grant of Easement Now, Therefore, for the reasons given, and in consideration of their mutual promises, covenants, terms and restrictions contained herein, and for other good and valuable consideration, the Grantors voluntarily grant and convey to the Grantee, and the Grantee accepts, as permitted by R.C.W. 64.04.130 and R.C.W. 84.34, a conservation easement in perpetuity, over the Protected Property on the terms and conditions set forth herein (Easement) exclusively for the purpose of conserving and forever maintaining the open space character, ecological significance, and wildlife habitat of the Property. Grantor expressly intends that this Easement runs with the land and that this Easement shall be binding on Grantor's successors and assigns. 2. Purpose It is the purpose of this Easement to assure that the Protected Property will be retained forever in its open space condition and to prevent any use of the property that will significantly impair or interfere with the conservation features of the Protected Property. Grantors and Grantee intend that this Easement will confine the use of the Property to such activities, including, without limitation, those involving public recreation, education, etc. as are consistent with the purpose of this Easement. 3. Rights of Grantee To accomplish the purpose of this Easement the following rights are conveyed to Grantee by this Easement: (a) To preserve and protect the conservation values of the Protected Property. (b) To enter upon the Protected Property at reasonable times in order to monitor Grantor's compliance with and otherwise enforce the terms of this Easement; provided that such entry shall be upon prior reasonable notice to Grantors' use and quiet enjoyment of the Protected Property; and (c) To prevent any activity on or use of the Protected Property that is inconsistent with the purpose of this Easement and to require the restoration of such areas or features of the Protected Property that may be damaged by any inconsistent activity or use, pursuant to paragraph 7. 4. Prohibited Uses Any activity on or use of the Protected Property inconsistent with the purpose of this Easement is prohibited. Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited: 1•. TDC Purchase and Sale-Davis-Kent.docPage 13 of23 2/13/01 1 Subdivision and Development Rights Grantor hereby grants to Grantee all development rights applicable to Protected Property, including the legal or defacto subdivision of the Protected Property, except those specifically reserved under this agreement, that are now or hereafter allocated to, implied, reserved or inherent in the Protected Property. The parties agree that such rights are terminated and extinguished, and may not be used on or transferred to any other portion of the Protected Property as it now or hereafter may be bounded or described, or to any other property adjacent or otherwise, nor used for the purpose of calculating permissible lot yield of the Property or any other property. Buildings or Structures Constructing or installing any building, shed, parking area or other structure is prohibited on the Protected Property. Impermanent structures including mobile homes, campers, other live-in vehicles, boats on trailers, horse trailers or other trailers are prohibited on the Protected Property. Notwithstanding the above restriction, nothing herein shall prohibit the Grantor, his successors and or assigns from installing playground equipment, and up to two accessible parking spaces in connection with a neighborhood park facility. Wetlands Any activity on the Property that changes, disturbs, alters or impairs the plant and animal habitat, ecological value or scenic qualities of the wetland is prohibited. These activities include, but are not limited to: (a) artificially draining water into or out of the wetland; (b) grading, filling or compacting wetland soils; (c) use of biocides; (d) conducting grazing domestic animals or agricultural activities of any kind; and (e) hunting or trapping. Nothing in this agreement shall be construed to prohibit management of the wetland located on the Protected Property for its ecological value or to prohibit restoration or enhancement of the wetland pursuant to Section 7 of this easement. Paving and Road and Trail Construction Except to the extent necessary in connection with respect to the installation, maintenance, access to, and use of playground equipment on the Protected Property, no portigpn of the Protected Property that is not already paved shall be paved or otherwise be covered with concrete, asphalt, TDC Purchase and Sale-Davis-Kent.doePage 14 of 23 2/13/01 gravel crushed rock, wood shavings or any other paving or surfacing material. Further, there shall be no construction of any road for.any purpose on the Protected Property. Except in connection with access to and use of said playground equipment, clearing for or construction of any trail is expressly prohibited on the Protected Property unless approved by permit by the King County Natural Resources Division Mining Limitations The mining or extraction of soil, sand, gravel, rock, oil, natural gas, fuel, coal, peat, sod or any other mineral substance, using any method that disturbs the surface of the land is prohibited except as necessary for installation or repair of utilities, water systems or septic systems serving any existing building or structure. Conducting exploration for any minerals or hydrocarbons is prohibited. Trash and Dumping The dumping or accumulation of any kind of trash, refuse or chemicals on the Protected Property is strictly prohibited. Recreational Uses The following are prohibited recreational uses of the Protected Property: (1)`golf courses; (2) the operation of motorcycles, dune buggies, or other types of motorized vehicles for recreational uses; (3) commercial hunting or trapping; (4) commercial overnight camping; (5) transient accommodations; (6)shooting or target practice. and (7) use of the Protected Property for any commercial public recreation. Signs Placement of commercial signs, billboards, or other commercial advertising material on the Protected Property, except for signs identifying the facility as a neighborhood park, is prohibited, except in connection with the sale or lease of the Protected Property. Limitations to altering surface water, subsurface water or channeling water Any alteration of the surface water channels on the Protected Property including the removal of fallen trees, gravel or rocks from the water channel or the damming ,of the water channel, including the lining of the water channel with rocks, wood, trees, sand bags, or other materials, without the prior approval of the King County Surface Water Management Division. Further, there shall be no drilling of any new well for any purpose on the Protected Property, nor shall there be any draining or piping of surface water on the Protected Property. k. TDC Purchase and Sale-Davis-Kent.doc Page 15 of 23 2/13/01 5. Reserved Rights Grantors reserve to themselves, and to their personal representatives, heirs, successors, and assigns, all rights and obligations accruing from their ownership of the Protected Property, including the right to engage in or permit or invite others to engage in all uses of the Protected Property that are not expressly prohibited herein and are not inconsistent with the purpose of this Easement 6. Responsibilities of Grantors Not Affected Other than as specific herein, this Deed is not intended to impose any legal or other responsibility on the Grantee, or in any way to affect any existing obligation of the Grantors as owners of the Protected Property. This shall apply to: (a) Taxes -- The Grantors shall continue to be solely responsible for payment of all taxes and assessments levied against the Protected Property. Upon five days written notice to the Grantors, the Grantee shall have the right, but not the obligation, to pay any taxes or assessments levied against the Property in accordance with any bill, statement or estimate procured from the appropriate authority. If the Grantee ever pays any taxes or assessments levied against the Property, the Grantors shall reimburse the Grantee for the same, with interest until reimbursed at the lesser of ten percent or the maximum rate allowed by law. The Grantors shall reimburse the Grantee for these sums plus any reasonable attorneys fees and court costs incurred to collect such SUMS. (b) Upkeep and Maintenance -- The Grantors shall continue to be solely responsible for the upkeep and maintenance of the Protected Property, to the extent it may be required by law. Tile Grantees shall have no obligation for the upkeep or maintenance of the Protected Property. (c) Liability and Indemnification -- If the Grantee is ever required by a court to pay damages resulting from personal injury or property damage that occurs on the Protected Property, the Grantors shall indemnify and reimburse the Grantee for these payments, as well as for reasonable attorneys fees and other expenses of defending itself, unless the Grantee or any of its agents have committed a deliberate wrongful act or negligent act that is determined by a court to be a cause of the injury or damage. (d) Land Use -- For any use of the Property permitted under this easement, the Grantors must comply with all applicable county, state and federal laws and regulation. 7. Grantee's Right to Restore the Protected Property In the event the open space character, ecological significance or wildlife habitat of the Protected Property are impaired by an Act of God, the Grantee shall have the right, but not the obligation, to restore all or portions of the Protected Property. TDC Purchase and Sale-Davis-Kent.doc Page 16 of 23 2/13/01 8. Access The is easement is conveyed together with a right of access to the general public for use as a neighborhood park. 9. Enforcement (a) Grantee's Rights --The Grantee shall have the right to prevent and correct violations of the terms of this Deed. With reasonable advance notice to the Grantors, the Grantee may enter the Protected Property for the purpose of inspecting for violations. If the Grantee finds what it believes is a violation, it may at its discretion take appropriate legal action. Except when an ongoing or imminent violation could irreversibly diminish or impair the open space character, ecological significance, or wildlife habitat of the Protected Property, the Grantee shall give the Grantors written notice of the violation and thirty (30) days to correct it before filing any legal action or proceeding to arbitration under paragraph 8b. If a court with jurisdiction determines that a violation may exist or has occurred, the Grantee may get an injunction to stop it, temporarily or permanently. A court may also issue an injunction to require the Grantors to restore the Protected Property to its condition prior to the violation. In any case where a court finds that a violation has occurred, the Grantors shall reimburse the Grantee for all its expenses incurred in stopping and correcting the violation, including but not limited to reasonable attorney's fees and court costs. The failure of the Grantee to discover a violation or to take immediate legal action shall not bar it from doing so at a later time provided that Grantee must act with reasonable promptness upon discovery to correct any claimed violation. Nothing herein shall limit Grantee's other remedies. (b) Alternative Right to Arbitrate -- If a dispute arises between the parties concerning the consistency of any proposed use or action with the purposes and restrictions of this deed, and the Grantors agree not to proceed with the use or action pending resolution of the dispute, then the parties,on mutual written consent, may proceed to resolve the dispute by arbitration as follows: (i) The parties shall each select one person as arbitrator. These two arbitrators shall agree on the selection of a third arbitrator. If there is a delay of more than ten days in the naming of any arbitrator, either party can ask the presiding judge of King County to name any remaining arbitrator(s). ti.. TDC Purchase and Sale-Davis-Kent.docPage 17 of23 2/13/01 (ii) The dispute shall be promptly resolved on the basis approved by any two of the three arbitrators. Unless the parties agree otherwise in writing, the dispute shall be considered at an arbitration session that shall occur no later that thirty days from the date the last of the three arbitrators is appointed. (iii) The prevailing party shall be entitled to recover from the other party all costs and expenses, including reasonable attorneys' fees. The arbitrators shall determine which party, if any, is the prevailing party. (iv) The parties agree that in the absence of fraud by one of the parties, the arbitrators' decision shall be binding, final and not appealable to any court of law. (c) Grantor's Rights -- The Grantors shall have the right to the timely and reasonable consent of the Grantee when appropriate under this easement, and a court with jurisdiction may issue an injunction or any other process to mandate the same. Where a court finds that consent was unreasonably withheld, consent shall be deemed to be given and, the Grantee shall reimburse the Grantors for all reasonable costs incurred in enforcing consent including but not limited to reasonable attorney's and court costs. 10. Notice of Transfer of Protected Property by Grantor and Successor and Assigns Anytime the Protected Property itself, or any interest in it is transferred by the Grantor to a third party, the Grantor, its successors and assigns, shall notify the Grantee in writing, and the document of conveyance shall expressly refer to this Deed of Conservation Easement. 11. Termination of Easement If a court of competent jurisdiction determines that conditions on or surrounding the Protected Properly change so much that it becomes impossible to fulfill at least one of the conservation purposes of this Easement, the court may, at the joint request of both the Grantors and Grantee, terminate in whole or in part the Easement created by this Deed. If the Easement is terminated and the Property is sold or taken for a public use other than contemplated by the parties, the Grantee shall be entitled to a percentage of the gross sale proceeds of condemnation award equal to 50% (the ratio of the appraised value of this easement to the unrestricted fair market value of the Property, as these values are determined on the date of this Deed.) The Grantee shall use the proceeds consistently with the conservation purposes of this Deed. Grantee shall purchase equivalent property with similar conservation values to the Protected Property should is receive such sale proceeds. 12. Modification This Deed may be modified by agreement of the parties. All modifications shall be in writing, signed by both parties and recorded in the real property records of King County, TDC Purchase and Sale-Davis-Kenl.doc Page 19 of 23 2113101 1 13. Interpretation This Deed shall be interpreted under the laws of Washington, resolving any ambiguities and questions of the validity of specific provisions so as to give maximum effect to its conservation purposes. 14. Perpetual Duration The easement created by this Deed shall be a servitude running with the land in perpetuity. Every provision of this Deed that applies to the Grantors or Grantee shall also apply to their successors in h1terest, and their respective agents, heirs, executors, administrators and assigns. 15. Notices Any notices required by this Deed shall be in writing and shall be personally delivered or sent by first class mail to Grantors and Grantee respectively at the following addresses, unless a party has been notified by the other of a change of address. To Grantor: Veutis Capital, LLC Attn.: Greg Jones 5832 167`h Avenue Southeast Bellevue, WA 98006 To Grantee: King County Department of Natural Resources Attu.: Becky Martin 201 South Jackson Street, Suite 600 Seattle, WA 98104 16. Grantor's Title Warranty The Grantors warrant that they have good and sufficient title to the Property, free from all encumbrances except those set forth in Exhibit D attached to and made a part of this Deed, and hereby promise to defend the same against all claims that may be made against it. 17. Legal Fees In the event of any action or proceeding arising out of this agreement, the prevailing party shall be entitled to an award and reimbursement of reasonable attorney's fees and court costs. 18. Severability If any provision of this Deed is found to be invalid, illegal or unenforceable, that finding shall not affect the validity, legality or enforceability of the remaining provisions. t„ 19. Acceptance TDC Purchase and sale-Davis-KentdocPage 19 of 23 2/13/01 The Grantee hereby accepts without reservation this Grant of Deed of Conservation Easement. IN WITNESS WHEREOF, the Grantors and Grantee, intending to legally bind themselves, have set their hands on the date first written above. GRANTORS: Ventis Capital, LLC, a Washington limited liability company BY: Title: M&v GRANTEE: King County BY: Title: STATE OF WASHINGTON, } }SS. COUNTY OF KING } I hereby certify that I know or have satisfactory evidence that GP-tm-A -7c71M is/are the person(s)who appeared before me, and said person(s)acknowledged that_he signed this instrument, on oath stated that_he is/are authorized to execute the instrument and acknowledged it as the M6Np*," Mw15a�,—of Ventis Capital, LLC, to be the free and voluntary act of such party for the uses and purposes mentioned in this instru nt. Dated: -1 EBY R�'�t� Notary ublic in and fo t State of Washington, \�g10 N F QCpie I rest �g at - lAn - o NOTARY �� My appointment expires X / / 2 U PUBLIC Ik ti\ TDC Purchase and Sale-Davis-Kent.doc Page 20 of 23 2/13/01 - The Grantee hereby accepts without reservation this Grant of Deed of Conservation Easement. IN WITNESS WHEREOF, the Grantors and Grantee, intending to legally bind themselves, have set their hands on the date first written above. GRANTORS: Ventis Capital, LLC, a Washington limited liability company BY: Title: GRANTEE: King County BY: Arjftx1'---' kA4m�- 'f-- itle- /PdWOW-Cjb �LiS��O+-✓ STATE OF WASHINGTON, } )SS. COUNTY OF KING } I hereby certify that I know or have satisfactory evidence that is/are the person(s)who appeared before me, and said person(s) acknowledged that_he signed this instrument,on oath stated that—he is/are authorized to execute the instrument and acknowledged it as the of Ventis Capital, LLC, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: Notary Public in and for the State of Washington, residing at My appointment expires k. TDC Purchase and Sale-Davis•Kent.docPage 20 of 23 02/14/01 i STATE OF WASHINGTON) )SS. COUNTY OF KING ) I certify that I know or have satisfactory evidence that DeyooAN L. AR r►tt is the person who appeared before me, and said person acknowledged that She signed this instrument, on oath stated that she is authorized to execute the instrument and acknowledged it as the A%7,AAmoa,JA*-f4- a;vo iprio (Lor<0o4cF5 Department of Natural Resources of King County to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. i Dated: �i`//0 / N!t�pl6004gi Jy Public in and for th tate of Washington Residing at rzF x+� c✓� + 9 % My appointment expires (e/3o%y M6TA�r ' s — ft10O +A* w $a`+'`off ��anmm�a TDC Purchase and Sale-Davis-Kent.docPage 21 of 23 02/14/01 EXHIBIT A The L'nsl half of that portion of the Northeast quarter of the Southwest quarter of the Southeast quarter of Section 5, Township 22 North, Range 5 Cast, W.M., in King County, Washington, lying Westerly of the Cast 330 feet; CXCCP7'the North 282 feet thereof; (ALSO KNOWN AS Lot B of King County Lot line Adjustment No. 883083.) 1 1 EXHWIT B NOtICE ]A]wtdclo Off n No. TWO Sketel it fumLb'ed at a tout ety osiy by 1'Im "CD N(�./VOL 6 P[Q+Title latoraese'Coerprmy led h It M a partllie olit fr '6EC S TWNSNp :22 t✓ • f1Nt7 S 6 lmml or policy of title ltutaeeL71dt&61eb It fumhhed tolely for the purpore o toloesdaftlreptemitesanddoesnotputportierbowyt, Wrotdt,eresteeleauartm(ing the cetchforthelcAde. diteld ueba pleee!upoe thir e4etrb for the IotlJee or dim theproperty aed oo liability It etromed for the eotreent. 0 rb I MJ 1,e ,.E.. N :f Sit• /d1•1; IYOI.e! .«•nnr H/1 ._.u.7. .�._r✓ h 0 iR.'T:lf.—'DIJ�if•IIv _e.��ri�W a J ro JI !m•I r-bG ra /)V ro of r•�/rrNr sr '� /u t MI 1 ' F../r •I .YY Mw Lot I 40 !^- --,` l R )Y.M.I 40y >t is 111.♦J L k o. a►•. If A• t ry_ rt �A. /Ny 1+ t�I M `i^y1, Af'IN IIAy AN•//•!)1' lash /„ -111 � /f ./j•10 f 1/11 II N .11•./W IIa.M lla , l f OCIAA N1JIId� ' . .IOW /tt/aar A► uun/ Oil p, Rp•W rot''♦ , 1 7 jL M• � \ IrY 1frglty � p�y��T,C F M I!•If � r � t 1 fl It bf t'Qeta Ill 1 1 (il • A • w Arw µ 0.011se at Oil ..•.. ar _ O r n Wit rN•4•Nu. ,•/)/ !E aos101 SL rr..r WeM 1•M/IY•I w.►wf�•r.as«r w. .e 1u/�/r 11.`0- /0 r • 1 tXl 11131'1'U C ami'I"I'CI713,kEPTIONS/I'11'LC Rr,,Powr 'those special exceptions listed on l7irsl Atnerican Title Insurance Company'Title Report 4826864-CE dated Fdxu3ry 13, 2M1 and any supplements thereto (which 'Title Report and Supplement are incorporated into this Agreement by this tet'erence>)Itumbeted 5,6,7,8,9 and 10. i t AFTER RECORDING MAIL TO: THE CITY OF KENT 220 FOURTH AVENUE SOUTH KENT, WA 98032 ad, Accepted and Approved: Filed for Record at Request of �� ••, First American Title Company '• First American Title Escrow Number: 39155JMCI �� Insurance Company Statutory Warranty Deed Grantor(s): VENTIS CAPITAL, LLC Grantee(s): THE CITY OF KENT Abbreviated Legal: SW QUARTER SE QUARTER, SEC 5, TWNSHP 22N, RGE 5E, records of KING County, WA Additional legal(s)on page: Assessor's Tax Parcel Number(s)• 052205-9225-04 - THE GRANTOR VENTIS CAPITAL, LLC, a Washington limited liability company for and inconsideration of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION in hand paid,conveys and warrants to THE CITY OF KENT, a municipal corporation of the State of Washington the following described real estate,situated in the County of KING , State of Washington: SEE EXHIBIT A FOR LEGAL DESCRIPTION ATTACHED HERETO AND BY THIS REFERENCE INCORPORATED HEREIN. SUBJECT TOt SEE EXHIBIT B ATTACHED HERETO AND BY THIS REFERENCE INCORPORATED HEREIN. Dated this day of By VENTIS CAPITAL, LLC By By 9CWn By GREGOPn S. JONES MANAGING MEMBER STATE OF ASHINGTo County of _} SS: On this n 1 oG(—day of February, 2001 before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared GREGORY S. JONES to me known to be the Individual described in and who executed the foregoing Instrument, as , a1�d6f the VENTIS CAPITAL, LLC , a LinWedliability Company, and acknowledged to he me that signed and sealed this said instrument as his free and voluntary act and deed for the use and purposes therein mentioned, and on oath stated he is authorized to execute the said Instrument. Given under my hand and official seal this _ ay of February, 2001 "/fl . dAV N ary blic i an qr the fate of YV • I i es' ng at �••.. � 0 MY appointment expires: -ILI- a- JEAN M. COUCH ►ttt t�w�...•�`' I Page 1 LPB-10 EXHIBIT A LEGAL DESCRIPTION The East half of that portion of the Northeast quarter of the Southwest quarter of the Southeast quarter of Section 5, Township 22 North, Range 5 East, W.M., in King County, Washington, lying Westerly of the East 330 feet; EXCEPT the North 282 feet thereof; (ALSO KNOWN AS Lot B of King County Lot line Adjustment No. 883083.) TOGETHER WITH an easement for ingress, egress and utilities over the West 25 feet of the following described property: The South 267 feet of the North 282 feet of the East half of that portion of the Northeast quarter of the Southwest quarter of the Southeast quarter of Section 5, Township 22 North, Range 5 East, W.M.,in King County, Washington, lying Westerly of the East 330 feet; EXCEPT the East 80 feet of the North 150 feel thereof; (ALSO KNOWN AS Lot A of King County Lot Line Adjustment No. 883083.) a.. TDC Purchase and Sale•Dayls•Keal.doc Page 9 or23 2/13/01 RESERVATIONS AND EXCEPTIONS, JNCLUD114G TM TERMS AND CONDITIONS THEREOF: RESERVING: MINERALS RESERVED BY: NORTHERN PACIFIC RAILWAi' COMPANY RECORDED: FE11Rt1Altt 16, 1900 RECORDING NO.: 196011 EASEMENT AGREEMENT AND THE TERMS AND CONDITIONS TIIEREOF: BETWEEN: CHRISTIAN A. SELANDER, SR. AND: ALBERT C. SPLANDER, JR. AND EDNA SE.LANDER, HUSBAND AND WIFE AND: ANNA 0. ROOK, A SINGLE WOMAN AND: MABEL ENGLL, A SINGLE WOMAN AND: DESMOND GUINN AND ISA MAY GUINN, HUSBAND AND WIFE RECORDED: APRIL 37, 1943 RECORDING NO.: 330391S WINSTON WA'ItR SYSTEM AUREEMENT AND 711E 'PERMS AND CONDITIONS THEREOF: BY AND BETWEEN: C. C. ROE, CLARA S. WINSTON, IIARIIY ARNOLi), MINNIE L.DOW, RUTII A. TAYLOR, P. Ii. CULLEN, G.M. BnL, J.X.IIA'VRS AND L. W. ROE RECORDED: JUNE 15, 1945 RECORDING NO: 3478399 EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: MAY 17, 1967 RECORDING NO.: 6349939 IN FAVOR OF: WAttlt DISTRICT NO. So FOR: WATER MAIN AFFECTS: THE LEGAL DESCRIPTION CONTA1NEIl IN SAID EASEMENT is NOT sUFFICIENT T'O DETERMINE ITS EXACT LOCATION WITHIN SAID PREMISES DEVELOPER EXTENSION REIMBURSEMENT AGREEMENT AND 111E TERMS AND •CONDITIONS THEREOF: BETWEEN: CASCADE SEWER DISTRICT AND: TOM AND VICKIE ROBERTS RECORDED: JULY 23, 1981 RECORDING NO.: 8107130404 TERMS, COVENANTS, CONDITIONS AND RESTRICTIONS, IF ANY, AS CONTAINED IN UNRECORDED LOT LINE ADJUSTMENT NO, LLA 883083 AS DISCLOSE[) BY THE KING COUNTY TAX ROLLS. CONSERVATION EASEM)NT AND COVENANT FOR PARK USE, INCLUDING TERMS A" PROVISIONS CONTAINED THEREIN: RECORDED: ARCORDIN(3 NO.: IN FAVOR OF: KING COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF WAsiIING'1'ON FOR: ON61citVATION AND ?At* USE 4- AMk*j FirstAmerican TRIG I isumme GmWapy 2101 FOURTH AVENUE, SUITE 712, SEATTLE, WA 98121 NATIONALICOMMERC1AL DI filOti TITLE UNIT -CE FAX NO. (206) 615-3000 MIKE COOPER TITLE OFFICER ' (206) 615-3107 rd"VMZ l ORDER NO. 826864-C>t + D� YOUR NO. 39155JMCI ---• - —---- VENTISi CAPITAUCITY OF DENT TO: FIRST AMERICAN TITLE INSURANCE COMPANY - 13010 NORTHEAST 20TH STREET SUITE A BELLEVUE, WA 9800E ATTN: JEAN COUCH Stco" REPORT SCHEDULE A 1. EFFECTIVE DATE: FEBRUARY 13,2001 AT 7.30 A.M. 2. PROPOSED INSURED: THE CITY OF KENT, A MUNICIPAL CORPORATION OF THE STATE OF WASMOTON 3. POLICY/POLICIES TO BE ISSUED: �yALMOUNT PREMIUM TAX STANDARD OWNER'S COVERAGE IN THE3AMOUNT OF THE PURCHASE PRICE ctSemeAC— Y,O.r:,0 4. TESTATE OR INTEREST IN THE LAND DESCRIBED ON PAGE 2 HEREIN IS FEE SIMPLE AS TO PARCEL A AND AN EASEMENT INTEREST ONLY AS TO PARCEL B AND TITLE THERETO IS AT THE EFFECTIVE DATE HEREOF VESTED IN: VENTIS CAPITAL, LLC, A WASHINGTON LIMITED LIABILItY COMPANY 5. THE LAND REFERRED TO IN TIES COMMITMENT IS DESCR®ED IN LEGAL DESCRIPTION ATTACHED HERETO, Page 1 rtOf)iznn--..�--��3�cti3 i ' -, -ram :ram.. �mumilr+„= LEGAL DESCRIPTION ORDER NO. 926$64-CE PARCEL A., THE EAST HALF OF THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER IN SECTION 5, 'TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING WESTERLY OF THE EAST 330 FEET; EXCEPT THE NORTH 292 FEET THEREOF; (ALSO KNOWN AS LOT B OF KU40 COUNTY LOT LINE ADJUSTMENT NO. 993093.) PARCEL B AN EASEMENT FOR INGRESS AND EGRESS AS DISCLOSED BY AND DESCRIBED IN KING COUNTY RECORDING NO. k Page 2 SCHEDULE B -SECTION 1 REOUl1LEMENTS THE FOLLOWING ARE THE REQUIREMENTS TO BE COMPLIED WITH: ITEM (A) PAYMENT TO OR FOR THE ACCOUNT OF THE GRANTORS OR MORTGAGORS OF THE FULL CONSIDERATION FOR THE ESTATE OR INTEREST TO BE INSURED. ITEM (B) PROPER INSTRUMENT(S) CREATING THE ESTATE OR INTEREST TO BE INSURED MUST BE EXECUTED AND DULY FILED FOR RECORD. SCHEDULE B - SECTION 2 GBNWML EXCEPTIONS THE POLICY OR POLICIES TO BE ISSUED WILL CONTAIN EXCEPTIONS TO THE FOLLOWING UNLESS THE SAME ARE DISPOSED OF TO THE SATISFACTION OF THE COMPANY. THESE EXCEPTIONS WILL BE ELIMINATED ON ANY FORTHCOMING EAGLE PROTECTION POLICIES ISSUED. A. TAXES OR ASSESSMENTS WHICH ARE NOT SHOWN AS EXISTING LIENS BY THE RECORDS OF ANY TAXING AUTHORITY THAT LEVIES TAXES OR ASSESSMENTS ON REAL PROPERTY OR BY THE PUBLIC RECORDS. B. ANY FACTS, RIGHTS, INTERESTS, OR CLAIMS WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS BUT WHICH COULD BE ASCERTAINED BY AN INSPECTION OF SAID LAND OR BY MAKING INQUIRY OF PERSONS IN POSSESSION THEREOF. C. EASEMENTS, CLAIMS OF EASEMENT OR ENCUMBRANCES WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS. D. DISCREPANCIES, CONFLICTS IN BOUNDARY LINES, SHORTAGE IN AREA, ENCROACHMENTS, OR ANY OTHER FACTS WHICH A CORRECT SURVEY WOULD DISCLOSE, AND WHICH ARE NOT SHOWN BY PUBLIC RECORDS. E. (A) UNPATENTED MIMNO CLAIMS; (B) RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF; (C) WATER RIGHTS, CLAIMS OR TITLE TO WATER; WHETHER OR NOT THE MATTERS EXCEPTED UNDER (A), (B)OR (C) ARE SHOWN BY THE PUBLIC RECORDS; (D) INDIAN TRIBAL CODES OR REGULATIONS, INDIAN TREATY OR ABORIGINAL RIGHTS, INCLUDING EASEMENTS OR EQUITABLE SERVITUDES. F. ANY LIEN, OR RIGHT TO A LIEN, FOR SERVICES, LABOR, MATERIALS OR MEDICAL ASSISTANCE THERETOFORE OR HEREAFTER FURNISHED, IMPOSED BY LAW AND NOT SHOWN BY THE PUBLIC RECORDS. O. ANY SERVICE, INSTALLATION, CONNECTION, MAINTENANCE, CONSTRUCTION, TAP OR REIMBURSEMENT CHARGENCOSTS FOR SEWER, WATER, GARBAGE OR ELECTRICITY. H. DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS, IF ANY, CREATED, FIRST APPEARING IN THE PUBLIC RECORDS OR ATTACINAG SUBSEQUENT TO THE EFFECTIVE DATE HEREOF BUT PRIOR TO THE DATE THE PROPOSED INSURED ACQUIRES OF RECORD FOR VALUE THE ESTATE OR INTEREST OR MORTGAGES THEREON COVERED BY THIS COMMITMENT. Page 3 SCHEDULE B - SECTION 2 CONT. ORDER NO. 816864-CE SPECIAL EXCEPTIONS 1. LIEN OF THE REAL ESTATE EXCISE SALES TAX AND SURCHARGE UPON ANY SALE OF SAID PREMISES, IF UNPAID. AS OF TIM DATE HEREIN, THE EXCISE TAX RATE FOR UNINCORPORATED KING COUNTY IS 1.78%. LEVY CODE: 5092 2. GENERAL TAXES. THE FIRST HALF BECOMES DELINQUENT AFTER APRIL 3011L THE SECOND HALF BECOMES DELINQUENT AFTER OCTOBER 31ST. YEAR: 1 2001 AMOUNT BILLED: S 2,942.58 AMOUNT PAID: S NONE AMOUNT DUE: $ 2,942.58,PLUS INTEREST AND PENALTY, IF DELINQUENT TAX ACCOUNT NO.: 052205-922"4 ASSESSED VALUE OF LAND: S 204,300 ASSESSED VALUE OF IMPROVEMENT: S NONE (AFFECTS PARCEL A) 3. GENERAL TAXES. THE FIRST HALF BECOMES DELINQUENT AFTER APRIL 30TH.• THE SECOND HALF BECOMES DELINQUENT AFTER OCTOBER 31ST. YEAR: 2001 AMOUNT BILLED: $ 2,060.22 AMOUNT PAID: S NONE AMOUNT DUE: S 2,060.22, PLUS INTEREST AND PENALTY, IF DELINQUENT TAX ACCOUNT NO.: 952209-9297-OS ASSESSED VALUE OF LAND: S 60,000 ASSESSED VALUE OF IMPROVEMENT: S 77,000 (AFFECTS PARCEL B AND OTHER PROPERTY) 4. EVIDENCE OF THE AUTHORITY OF THE INDIVIDUAL(S) TO EXECUTE THE FORTHCOMING DOCUMENT FOR VENTIS CAPITAL, LLC, A WASHINGTON LIMITED LIADELITY COMPANY, COPIES OF THE CURRENT OPERATING AGREEMENT SHOULD BE SUBMITTED PRIOR TO 9LOSING, S. RESERVATIONS AND EXCEPTIONS, INCLUDING TIM TERMS AND CONDITIONS THEREOF: RESERVING: MINERALS RESERVED BY: NORTHERN FACIFIC RAILWAY COMPANY RECORDED: FEBRVARY 169 1900 RECORDING NO.: 186921 6. EASEMENT AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: CHRISTIAN A. SELANDER, SR. AND: ALBERT C. SELANDER, JR. AND EDNA SELANDER, HUSBAND AND WIFE AND: ANNA O. ROOK, A SINGLE WOMAN AND: MABEL ENGLE, A SINGLE WOMAN AND: DESMOND GUM AND ISA MAY GUINN) HUSBAND AND WIFE RECORDED: APRIL 21, 1943 ` RECORDING NO.: 3305915 Page 4 600/900M 2 LINn RP70 R*W 1 SCHEDULE 13 - SECTION 2 CONT. ORDER NO. 926964-CE 7. WINSTON WATER SYSTEM AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BY AND BETWEEN: C. C. ROE, CLARA S. WINSTON, HARRY ARNOLD, MINNIE 1,DOW,RUTH A. TAYLOR, P. H. CULLEN, G.M. DELt., J. 19. HAYES AND L. W. ROE RECORDED: JUNE 15, 194S RECORDING NO_: 3478399 8. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: MAY 179 1%7 RECORDING NO.: 6349939 IN FAVOR OF: WATER DISTRICT NO. 58 FOR: WATER MAIN AFFECTS: THE LEGAL DESCRIPTION CONTAINED IN SAID EASEMENT IS NOT SUFFICIENT TO DETERMINE ITS EXACT LOCATION WITHIN SAID PREMISES 9. DEVELOPER EXTENSION REIMBURSEMENT AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: CASCADE SEWER DISTRICT AND: TOM AND VICKIE ROBERTS RECORDED: JULY 239 1981 RECORDING NO.: 8107230404 10. TERMS, COVENANTS, CONDITIONS AND RESTRICTIONS, IF ANY, AS CONTAINED IN UNRECORDED LOT LINE ADJUSTMENT NO. LLA 883063 AS DISCLOSED BY THE KING COUNTY TAX ROLLS. 11. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: VENTIS CAPITAL, LLC, A WASIHNGTON LIMITED LIABILITY COMPANY TRUSTEE: FIRST AMERICAN TITLE INSURANCE CO. BENEFICIARY: KEYIIANK NATIONAL ASSOCIATION AMOUNT; $ 51,041.75 DATED: FEBRUARY 11,2000 RECORDED: FEBRUARY 24,2000 RECORDING NO.: 2000024011102 (AFFECTS PARCEL A) k. Page 5 SCHEDULE B - SECTION 2 CONT. ORDER NO. 926964-CE 12. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: VENTIS CAPITAL, LLC, A WASHINGTON LIMITED LIABILITY COMPANY TRUSTEE: FIRST AMERICAN TITLE INSURANCE CO. BENEFICIARY: KEYBANK NATIONAL ASSOCIATION AMOUNT S 150,906.65 DATED: FEBRUARY 199 2000 RECORDED: FEBRUARY 249 2000 RECORDING NO.: 20000124001451 (AFFECTS PARCEL B AM OTHER PROPERTY ) 13. DELINQUENT GENERAL TAXES, YEAR: 2000 AMOUNT BILLED: S 30059.11 AMOUNT PAID: S NONE AMOUNT DUE: $3,059.11, PLUS INTEREST AND PENALTY TAX ACCOUNT NO.: 052205-9225-04 ASSESSED VALUE OF LAND: $ 204,300 ASSESSED VALUE OF IMPROVEMENT: S NONE (AFFECTS PARCEL A.) 14, DELINQUENT GENERAL TAXES. YEAR: 2000 AMOUNT BILLED: •S 1,973.97 AMOUNT PAID: S NONE AMOUNT DUE: S 11973,97, PLUS INTEREST AND PENALTY TAX ACCOUNT NO.: 05220S-9157-05 ASSESSED VALUE OF LAND: S 58,000 ASSESSED VALUE OF IMPROVEMENT: $ 68,000 (AFFECTS PARCEL B AND OTHER PROPERTY ) 15. CONSERVATION EASEMENT AND COVENANT FOR PARK USE, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDRD: RECORDING NO.: IN FAVOR OF: KING COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF WASHINGTON FOR: CONSERVATION AND PARK USE Page 6 nnn//nnrm SCHEDULE B - SECTION 2 CONT. ORDER NO. 826964-CE NOTE NI.- ACCORDING TO TIIE APPLICATION FOR TITLE INSURANCE, TITLE IS TO VEST IN THE CITY OF KENT, A MUNICIPAL CORPORATION OF THE STATE OF WASHINGTON. EXAMINATION OF THE RECORDS DISCLOSES NO MATTERS FENDING AGAINST SAID PARTY(IES). INFORMATIONAL NOTES: EFFECTIVE JANUARY 1, 1997, AND PURSUANT TO AMENDMENT OF WASHINGTON STATE STATUTES RELATING TO STANDARDIZATION OF RECORDED DOCUMENTS, TILE FOLLOWING FORMAT AND CONTENT REQUIREMENTS MUST JIE MET. FAILURE TO COMPLY MAY RESULT IN REJECTION OF THE DOCUMENT BY THE RECORDER_ ANY SKETCH ATTACHED HERETO IS DONE SO AS A COURTESY ONLY AND IS NOT PART OF ANY TITLE COMMITMENT OR POLICY. IT IS FURNISHED SOLELY FOR THE PURPOSE OF ASSISTING IN LOCATING 111E PREMISES AND FIRST AMERICAN EXPRESSLY DISCLAIMS ANY LIABILITY WHICH MAY RESULT FROM RELIANCE MADE UPON 1T. THE DESCRIPTION CAN BE ABBREVIATED AS SUGGESTED BELOW IF NECESSARY TO MEET STANDARDIZATION REQUIREMENTS. THE FULL TEXT OF THE DESCRIPTION MUST APPEAR IN TIM DOCUMENT(S) TO BE INSURED. SECTION 5 TOWNSHIP 22N RANGE 5$ SW QUARTER SE QUARTEIL TAX PARCEL NUMBER(S): 0522OS-9257-05 do 052205-9225-04 k. Page 7 aooieon T— 77In.rv.� _LTikin SCHEDULE B - SECTION 2 CONT. ORDER NO. 826864-C$ A FEE WILL BE CHARGED UPON THE CANCELLATION OF THIS COMMITMENT PURSUANT TO THE WASHINGTON STATE INSURANCE CODE AND THE FILED RATE SCHEDULE OF THE COMPANY. - END OF SCHEDULE IJ RJ/EJH ' CC: 'VENTIS CAPITAL, LLC 5932 167TH AVENUE SOUTHEAST BELLEVUE, WA 98006 ATTN: DREG JONES CC: KING COUNTY OFFICE OF OPEN SPACE PARKS DIVISION 201 SOUTH JACKSON, SUITE 600 SEATTLE, WA 98104 ATTN_ NEIL T. DEGOOJER CC: DEPARTMENT OF PARKS AND RECREATION -CITY OF KENT 220 FOURTH AVENUE SOUTH KENT, WA 98032-5895 ATTN: JOHN HODGSON CC: CITY OF KENT 220 FOURTH AVENUE SOUTH KENT, WA 99032-5895 ATTN. KIM ADAMS PRATT Page 8 ORDER NO. dQT1 SUBDIVISION, . This Sketch is furnished as a courtesy only by First American iiCDG NO./VOL )!t PG. Tide lasuranee'Company and tt.Is ijM a put'of way title OTR 5� -SF C � TWNSMP 2 r/✓ RNG�� N commitment or policy of tide iasuranel. This sketch is furnished solely for the purpose of assisting in loeatingthepremi sea and does not purport to show all highways. roads,or easements affecting the prope11y. No reliance should be placed upon Chit:ketch for the location or dimension of the property and no liability is assumed for the correctness thereof. e r„ tV �} w,utm.+• $ «n/,,, .. 3's..r a. s.✓ tit raan t x wv� . .� . Jt SN.y, N,a•.)/Ir fl1/ Nn«1, rI lir.w.)/ h pZ IL 1203.e3 — , 2 rli C Jae 9[e at•bL tClG It fJs r asColl 0 { •r•a is)trrN.a.r /yl a. 3 r t.b .M•. .Yw M.as tr T I 7 �' 1 �1� a `D� LO �g1i4 I1 r9°a6e f s 0 L�^rr to N r I .ra. .a.r (t® J �,t/�a of NI.m .•M•I)•y.. i l �r r r�e` O I • O © aw.N.Ht• ,xess•rAtu _ _ N Lot 2 bd n h. u' a.e.Ps r �L � _ n �I• let C 4L to e siI� O y pf1 At o 4 I u R v 9 I a = rss'.s' � �• M'' .«N 1•A A•ta ti � y O� sal Q © Ifl V HAIJ NN•0I•SfN J)a." }q 0al.er•II e• ) %t'{..t/ 1 J/1II Net-at•.e.N aH.H ,a. Oec 11.4 /eeJNS) Is ! �' ' '' �• Isebfs�tt vl �lt' alas., stttroa) A•�.w sMha ayl� : /� N l; 14 p of. . s /,A i • V. �i • ��'7-a\` isrr i/a 00 14 !i ti „li 1 3 off-jig u. '�� ,r erirr A It r1�=.rres p �' 4 ot I N ot I(• E � � (n toaft as � coy.fa•efw 11 �'0 • a fea l A l.fl to lotPA : •, 1 tIf t(l !I 1 p I rtt� © 0 .. t• Nee•aa•+e.0 a.s re 4rNf n+rr M .•l JfI,..IY .•r.aa.r.a.... �14274.It N. 6-40 1 iitMKRI1�Z t! 2300 ��Return Address: 91111 �aaay, 0 KING COUNTY OFFICE OF OPEN SPACE 506 SECOND AVENUE, SUITE 708 SEATTLE, WA 98104 Egg1807230 KI��NpGx3/2901Ty��yy�210:4434 SALT it53;226 10 PAGE Set OF 092 , ...,.°, .' FbarAmatcan Title Insurance Company t DOCUMENT TITLE(S)(for transactions contained therein) 1 DEED OF CONSERVATION.EASEMENT 0 9t77 3 isT AM-S 4. Cn Reference Nttmber(s)of Documents assigned or released e� (on page of document(s)) o Grantor(s) 0 cn 1 VENTIS CAPITAL, LLC N 2 m 3 0 4 0 Additional Names on 2a ge of document. Grantee(s) 1.KING COUNTY 2 3 4 Additional.Names on page of document. Legal Description(abbreviated i e lot,block,plat or section,townstup,range) SW QUARTER SE QUARTER, SEC 5, TWNSNP 22N, RGE 5E, RECORDS OF KING COUNTY, A Additional legal is on paste of document. Assessor's Property Tax Parcel/Account Number 052205-9225-04 The Auditor/Recorder will rely on information provided on the form.The staff will not read the document to verfly the accuracy or completeness of the indexing information provided herein. W.. EXHIBIT C CONSERVATION EASEMENT AND COVENANT FOR PARK USE When Recorded Mail To King County Water and Lands Resources Division Office of Open Space 506 Second Avenue, Suite 708 Seattle, WA 98104 DEED OF CONSERVATION EASEMENT Grantor[Seller] Ventis Capital,LLC,a Washington limited liability company Grantee[Buyer] King County,apolitical subdivision of the State of Washington. Legal Description(abbreviated): SW'/,,SE'/,5-22-5 ,Additional legal(s)on Page t S(Exhibit ) Assessor's Tax Parcel ID#• 052205-9257-05,052205-9225-04 This Deed of Conservation Easement is granted on this d,: day of 2001, by VENTIS CAPITAL, LLC, a Washington limited liability company ("Grantors"), to King County, a political subdivision of the State of Washington, ("Grantee"), for the purpose of o forever conserving the open space character, ecological significance, native vegetation and M wildlife habitat features of the subject property CV M c-> RPC.TTAi.S a o The Grantors are the sole owners in fee simple of the real property("Protected Property") legaIly described in Exhibit A, attached to and made a part of this Deed, which consists of approximately 1 34 acres of land located in King County, Washington A map of the property is attached,and made part of this deed, as Exhibit B The Protected Property is described on Exhibit A, attached hereto The conservation features of the Protected Property, its current use and state of improvement,are described in a Present Conditions Report, prepared by the Grantee with the cooperation of the Grantors, and acknowledged by both to be complete and accurate,to the best of their knowledge, as of the date of this Deed Both the Grantors and Grantee have been provided copies of the Report The Report will be used by the Grantee to monitor compliance with the terms of this grant and to assure that any future changes in the use of the Property will be consistent with the TDC Purchase and Sale-Davis-Kent doe Page 11 of 23 b 2/13/01 terms of this Deed The Report is not intended to preclude the use of other evidence to establish the present condition of the Property if there is a controversy over its use. The Grantors are selling the property interest conveyed by this Deed for the purpose of assuring that, under the Grantee's perpetual monitoring, the conservation features of the Protected Property will be conserved and maintained in perpetuity, and that uses of the Protected Property that are inconsistent with these conservation purposes will be prevented or corrected The parties agree, however, that the current use of, and improvements to, the Protected Property,are consistent with the conservation purposes of this Deed The conservation purposes of this Deed are recognized by, and the grant of this Deed will serve, the following clearly delineated governmental conservation policies 1 King County Draft Open Space Plan, which created the King County Open Space Program " to protect King County's natural beauty and environmental quality .and to develop and maintain a dynamic open space system for the enjoyment and benefit for all" 2. Conservation Futures Tax Ordinance No 10150, in which the King County Council finds there is an "increasing need to provide a system of public open spaces necessary for the health, welfare, benefit and safety of the residents of King County and to maintain King County as a desirable place to live,visit and locate businesses." 3. Conservation Futures Tax Ordinance No. 11068, in which King County establishes funding for the "purposes of acquiring public green spaces, green belts, open space, parks and �-, trails. " fV n 4 Waterways Motion No 9175, in which King County commits to "preserving critical c7 waterways in order to preserve these systems for habitat and recreational purposes." C' 5. Waterways Ordinance No 11713, which allocates "remaining Waterways 2000 program funds to specific projects for purchase of interests in land, including fee simple and conservation easements .." ' 6 R.0 W 84 34.010, 1n which the Washington State Legislature has declared "that it is in the best interests of the state to maintain, preserve, conserve and otherwise continue in existence adequate open space lands for the production of food,fiber and forest crops, and to assure the use and enjoyment of natural resources and scenic beauty for the economic and social well-being of the state and its citizens" The Grantee is a "qualified conservation organization,"as defined by the internal Revenue Code, and accepts the responsibility of enforcing the terms of this Deed and upholding its conservation purposes forever. TDC Purchase and Sale-Davis-Kent doe Page 12 of 23 2/13101 1. Grant of Easement Now, Therefore, for the reasons given, and in consideration of their mutual promises, covenants, terms and restrictions contained herein, and for other good and valuable consideration, the Grantors voluntarily grant and convey to the Grantee, and the Grantee accepts, as permitted by R.0 W 64.04.130 and R.C.W 84 34, a conservation easement in perpetuity, over the Protected Property on the terms and conditions set forth herein (Easement) exclusively for the purpose of conserving and forever maintaining the open space character, ecological significance, and wildlife habitat of the Property. Grantor expressly intends that this Easement runs with the land and that this Easement shall be binding on Grantor's successors and assigns 2 Purpose' It is the purpose of this Easement to assure that the Protected Property will be retained forever in its open space condition and to prevent any use of the property that will significantly impair or interfere with the conservation features of the Protected Property Grantors and Grantee intend that this Easement will confine the use of the Property to such activities, including, without limitation, those involving public recreation, education,etc as are consistent with the purpose of this Easement 3 Rights of Grantee To accomplish the purpose of this Easement the following rights are conveyed to Grantee by this Easement: (a) To preserve and protect the conservation values of the Protected Property (b) To enter upon the Protected Property at reasonable times in order to monitor Grantor's compliance with and otherwise enforce the terms of this Easement, provided that such m entry shall be upon prior reasonable notice to Grantors' use and quiet enjoyment of the Protected Property; and a (e) To prevent any activity on or use of the Protected Property that is inconsistent with `�' the purpose of this Easement and to require the restoration of such areas or features of the Protected Property that may be damaged by any inconsistent activity or use, pursuant to paragraph 7 4. Prohibited Uses Any activity on or use of the Protected Property inconsistent with the purpose of this Easement is prohibited Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited TDC Purchase and Sale-Davis-Kent doe Pop 13 of 23 I 2/13/01 Subdivision and Development Rights Grantor hereby grants to Grantee all development rights applicable to Protected Property, including the legal or defacto subdivision of the Protected Property, except those specifically reserved under this agreement, that are now or hereafter allocated to, implied, reserved or inherent in the Protected Property. The parties agree that such rights are terminated and extinguished, and may not be used on or transferred to any other portion of the Protected Property as it now or hereafter may be bounded or described,or to any other property adjacent or otherwise, nor used for the purpose of calculating permissible lot yield of the Property or any other property Buildings or Structures Constructing or installing any building, shed, parking area or other structure is prohibited on the Protected Property Impermanent structures including mobile homes, campers, other live-in vehicles,boats on trailers, horse trailers or other trailers are prohibited on the Protected Property Notwithstanding the above restriction, nothing herein shall prohibit the Grantor, his successors and or assigns from installing playground equipment, and up to two accessible parking spaces in connection with a neighborhood park facility Wetlands Any activity on the Property that changes, disturbs, alters or impairs the plant and animal habitat, ecological value or scenic qualities of the wetland is prolbited These activities include, but are not limited to• G1 �� (a) artificially draining water into or out of the wetland; (b) grading, filling or compacting wetland soils, C; (c) use of biocides, e__� (d) conducting grazing domestic animals or agricultural activities of any kind;and (e) hunting or trapping. Nothing in this agreement shall be construed to prolubit management of the wetland located on the Protected Property for its ecological value or to prohibit restoration or enhancement of the wetland pursuant to Section 7 of this easement. Paving and Road and Trail Construction Except to the extent necessary in connection with respect to the installation, maintenance, access to, and use of playground equipment on the Protected Property, no portion of the Protected Property that is not already paved shall be paved or otherwise be covered with concrete, asphalt, TDC Purchase and Sale-Davis-Kent docPage 14 of 23 i 2113101 gravel crushed rock, wood shavings or any other paving or surfacing material Further, there shall be no construction of any road for any purpose on the Protected Property Except in connection with access to and use of said playground equipment, clearing for or construction of any trail is expressly prohibited on the Protected Property unless approved by permit by the King County Natural Resources Division Mining Limitations The mining or extraction of soil, sand, gravel, rock, oil, natural gas, fuel, coal, peat, sod or any other mineral substance, using any method that disturbs the surface of the land is prohibited except as necessary for installation or repair of utilities, water systems or septic systems serving any existing building or structure Conducting exploration for any minerals or hydrocarbons is prohibited Trash and Dumping The dumping or accumulation of any kind of trash, refuse or chemicals on the Protected Property is strictly prohibited Recreational Uses The following are prohibited recreational uses of the Protected Property (1) golf courses, (2) the operation of motorcycles, dune buggies, or other types of motorized vehicles for recreational C-" uses; (3) commercial hunting or trapping, (4) commercial overnight camping; (5) transient accommodations, (6)shooting or target practice and (7) use of the Protected Property for any G commercial public recreation C7 Signs CJ cn C Placement of commercial signs, billboards, or other commercial advertising material on the Protected Property, except for signs identifying the facility as a neighborhood park, is prohibited, except in connection with the sale or lease of the Protected Property. N Limitations to altering surface water, subsurface water or channeling water Any alteration of the surface water channels on the Protected Property including the removal of fallen trees, gravel or rocks from the water channel or the damming of the water channel, including the lining of the water channel with rocks, wood, trees, sand bags, or other materials, without the prior approval of the King County Surface Water Management Division. Further, there shall be no drilling of any new well for any purpose on the Protected Property, nor shall there be any draining or piping of surface water on the Protected Property TDC Purchase and Sate-Davis-Kent doe Page 15 of 23 G V13/01 5 Reserved Rights Grantors reserve to themselves, and to their personal representatives, heirs, successors, and assigns, all rights and obligations accruing from their ownership of the Protected Property, including the right to engage in or permit or invite others to engage in all uses of the Protected Property that are not expressly prohibited herein and are not inconsistent with the purpose of this Easement 6 Responsibilities of Grantors Not Affected Other than as specific herein,this Deed is not intended to impose any legal or other responsibility on the Grantee, or in any way to affect any existing obligation of the Grantors as owners of the Protected Property. This shall apply to (a) Taxes -- The Grantors shall continue to be solely responsible for payment of all taxes and assessments levied against the Protected Property Upon five days written notice to the Grantors, the Grantee shall have the right, but not the obligation, to pay any taxes or assessments levied against the Property in accordance with any bill, statement or estimate procured from the appropriate authority. If the Grantee ever pays any taxes or assessments levied against the Property, the Grantors shall reimburse the Grantee for the same, with interest until reimbursed at the lesser of ten percent or the maximum rate allowed by law. The Grantors shall reimburse the Grantee for these sums plus any reasonable attorneys fees and court costs incurred to collect such sums (b) Upkeep and Maintenance -- The Grantors shall continue to be solely responsible for the r- upkeep and maintenance of the Protected Property, to the extent it may be required by law The Grantees shall have no obligation for the upkeep or maintenance of the Protected Property. C7 C14 (c) Liability and Indemnification -- If the Grantee is ever required by a court to pay damages M resulting from personal injury or property damage that occurs on the Protected Property, the Grantors shall indemnify and reimburse the Grantee for these payments, as well as for reasonable attorneys fees and other expenses of defending itself, unless the Grantee or any of its agents have c 10 committed a deliberate wrongful act or negligent act that is determined by a court to be a cause of the injury or damage. (d) Land Use -- For any use of the Property permitted under this easement, the Grantors must comply with all applicable county,state and federal laws and regulation 7 Grantee's Right to Restore the Protected Property In the event the open space character, ecological significance or wildlife habitat of the Protected Property are impaired by an Act of God, the Grantee shall have the right, but not the obligation, to restore all or portions of the Protected Property TDC Purchase and Sale-Davis-Kent doe Page 16 of 23 p 2113/01 8 Access The is easement is conveyed together with a right of access to the general public for use as a neighborhood park 9 Enforcement (a) Grantee's Rights --The Grantee shall have the right to prevent and correct violations of the terms of this Deed With reasonable advance notice to the Grantors, the Grantee may enter the Protected Property for the purpose of inspecting for violations If the Grantee finds what it believes is a violation, it may at its discretion take appropriate legal action. Except when an ongoing or imminent violation could irreversibly diminish or impair the open space character, ecological significance, or wildlife habitat of the Protected Property,the Grantee shall give the Grantors written notice of the violation and thirty(30) days to correct it before filing any legal action or proceeding to arbitration under paragraph 8b. If a court with jurisdiction determines that a violation may exist or has occurred, the Grantee may get an injunction to stop it, temporarily or permanently A court may also issue an injunction to require the Grantors to restore the Protected Property to its condition prior to the violation. In any case where a court finds that a violation has `r occurred, the Grantors shall reimburse the Grantee for all its expenses incurred in stopping and correcting the violation, including but not limited to reasonable attorney's fees and court costs The failure of the Grantee to discover a violation or to take immediate legal action shall not bar it from doing so at a later time provided that Grantee must act with reasonable promptness upon discovery to correct any claimed violation Nothing herein shall limit Grantee's other remedies. ca c'+ (b) Alternative Right to Arbitrate--If a dispute arises between the parties concerning the consistency of any proposed use or action with the purposes and restrictions of this deed, and the Grantors agree not to proceed with the use or action pending resolution of the dispute,then the parties,on mutual written consent, may proceed to resolve the dispute by arbitration as follows- (i) The parties shall each select one person as arbitrator. These two arbitrators shall agree on the selection of a third arbitrator. If there is a delay of more than ten days in the naming of any arbitrator,either party can ask the presiding judge of King County to name any remaining arbitrator(s) TDC Purchase and Sale-Davis-Kent doc Page 17 of23 2/13/01 (u) The dispute shall be promptly resolved on the basis approved by any two of the three arbitrators Unless the parties agree otherwise in writing, the dispute shall be considered at an arbitration session that shall occur no later that thirty days from the date the last of the three arbitrators is appointed. (iii) The prevailing party shall be entitled to recover from the other party all costs and expenses, including reasonable attorneys' fees The arbitrators shall determine which party, if any, is the prevailing party (iv) The parties agree that in the absence of fraud by one of the parties, the arbitrators' decision shall be binding,final and not appealable to any court of law. (c) Grantor's Rights -- The Grantors shall have the right to the timely and reasonable consent of the Grantee when appropriate under this easement, and a court with jurisdiction may issue an injunction or any other process to mandate the same Where a court finds that consent was unreasonably withheld, consent shall be deemed to be given and, the Grantee shall reimburse the Grantors for all reasonable costs incurred in enforcing consent including but not limited to reasonable attorney's and court costs 10. Notice of Transfer of Protected Property by Grantor and Successor and,4ssigns Anytime the Protected Property itself, or any interest in it is transferred by the Grantor to a third party, the Grantor, its successors and assigns, shall notify the Grantee an writing, and the document of conveyance shall expressly refer to this Deed of Conservation Easement 11. Termination of Easement If a court of competent jurisdiction determines that conditions on or surrounding the Protected � Property change so much that it becomes impossible to fulfill at least one of the conservation purposes of this Easement, the court may, at the joint request of both the Grantors and Grantee, terminate in whole or in part the Easement created by this Deed C-n If the Easement is terminated and the Property is sold or taken for a public use other than CD contemplated by the parties, the Grantee shall be entitled to a percentage of the gross sale cIIJ proceeds of condemnation award equal to 50%(the ratio of the appraised value of this easement to the unrestricted fair market value of the Property,as these values are determined on the date of this Deed.) The Grantee shall use the proceeds consistently with the conservation purposes of this Deed. Grantee shall purchase equivalent property with similar conservation values to the Protected Property should is receive such sale proceeds 12. Modification This Deed may be modified by agreement of the parties All modifications shall be in writing, signed by both parties and recorded in the real property records of King County. TDC Purchase and Sale-Davis-Kent docPage 18 of 23 2113101 13. Interpretation This Deed shall be interpreted under the laws of Washington, resolving any ambiguities and questions of the validity of specific provisions so as to give maximum effect to its conservation purposes 14. Perpetual Duration The easement created by this Deed shall be a servitude running with the land in perpetuity. Every provision of this Deed that applies to the Grantors or Grantee shall also apply to their successors ip interest, and their respective agents, heirs,executors,administrators and assigns. 15. Notices Any notices required by this Deed shall be in writing and shall be personally delivered or sent by first class mail to Grantors and Grantee respectively at the following addresses,unless a party has been notified by the other of a change of address To Grantor- Ventis Capital, LLC Attn Greg Jones 5832 167t Avenue Southeast Bellevue, WA 98006 To Grantee: King County Department of Natural Resources Attn.: Becky Martin �+ 201 South Jackson Street, Suite 600 Seattle, WA 98104 G 16 Grantor's Title Warranty cv M7 The Grantors warrant that they have good and sufficient title to the Property, free from all encumbrances except those set forth in Exhibit D attached to and made a part of this Deed, and hereby promise to defend the same against all claims that may be made against it N 17 Legal Fees In the event of any action or proceeding ansing out of this agreement, the prevailing party shall be entitled to an award and reimbursement of reasonable attorney's fees and court costs 18. Severability If any provision of this Deed is found to be invalid,illegal or unenforceable, that finding shall not affect the validity, legality or enforceability of the remaining provisions 19. Acceptance TDC Purchase and Sale-Davis-Kent doc Page 19 of23 G 2/13/01 The Grantee hereby accepts without reservation this Grant of Deed of Conservation Easement IN WITNESS WHEREOF, the Grantors and Grantee, intending to legally bind themselves, have set their hands on the date first written above GRANTORS• Ventis Capital,LLC,a Washington limited liability company BY Title: M+-^irrGr►" GRANTEE: King County BY Title: STATE OF WASHINGTON, } }SS COUNTY OF KING } I hereby certify that I know or have satisfactory evidence that GKFm,6 -Ic is/are the person(s)who appeared before me,and said person(s)acknowledged that he signed this c instrument,on oath stated that he is/are authorized to execute the instrument and acknowledged it C) as the r4mtby—of Ventis Capital, LLC, to be the free and voluntary act of such party e for the uses and purposes mentioned in this mstru nt Dated, -t D -r 1 SBY R�� N ublic in and fo State of Washington, �w' �ystoN F ;Ci l4 rest gat pTAAy 9'; to My appointment expires / o N i i n P116t_1G i�f� l? 19.0l`.-_i Il ••. S tt� �W ��x%NN TDC Purchase and Sale-Davis-Kent doc Page 20 of 23 2/13/01 The Grantee hereby accepts without reservation this Grant of Deed of Conservation Easement IN WITNESS WHEREOF, the Grantors and Grantee, intending to legally bind themselves,have set their hands on the date first written above GRANTORS Ventis Capital, LLC, a Washington limited liability company BY Title GRANTEE King County BY Title Ab410✓ c.� r� ~ STATE OF WASHINGTON, } r, }SS Cn COUNTY OF KING } N a I hereby certify that I know or have satisfactory evidence that is/are the person(s)who appeared before me,and said person(s)acknowledged that_he signed this CZ instrument,on oath stated that he is/are authorized to execute the instrument and acknowledged it cv as the of Ventis Capital,LLC,to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument Dated Notary Public in and for the State of Washington, residing at My appointment expires TDC Purchase and Sale-Davis-Kent docPage 20 of 23 02/14/01 STATE OF WASHINGTON) )SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that IDooizA u L. Aa is the person who appeared before me, and said person acknowledged that She signed this instrument, on oath stated that the is authorized to execute the instrument and acknowledged it as the ,dyz,A(-kuaQ i/Art-04- a va to,-rQ Department of Natural Resources of King County to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument Dated ilIVIO/ 1pot rq�iaai Notary Public in and for th fate of Washington Residing at R-owW WA My appointment expires L/3 o to t_ rOTA11!' $ s �r �"WN Op Ago CV r O C=+ ♦'n N fTJ C` a-- O O N TDC Purchase and Sale-Davis-Ken,docPage 21 of 23 1 02/14/01 EXHIBIT A The East half of that portion of the Northeast quarter of the Southwest quarter of the Southeast quarter of Section 5,Township 22 North,Range 5 East,W.M.,in King County,Washington,lying Westerly of the East 330 feet; EXCEPT the North 282 feet thereof; , (ALSO KNOWN AS Lot B of King County Lot line Adjustment No 883083.) cv 0 N c�a o 0 0 N I I I EJ.mrr B QNb£a Na. MJ]:lC sUBDIVISlvN{ TWr tk"IL fimlr6,d u i molle,y only Yy FW Axmkm hCbNb•111bL PQ. TNN 4r[rieei fSwpmy ma It I,f3!?I,w of my on. N QTq 'r 8£C IVYNSHP•_-,✓ NN6 S i[Lrmflment of Pak of dd,Imm"L TW,AJ&N fumk6id solely for Go Fm"of Wrong In ,.. ,• , Iea1h{MFAdw/oaam velrylFinb6im m#eb"Id W Nsedlivarbu [ raids,oreuemmo iffiumllheprope:IJ 1, fm Fkid aFia Uar ekete8 fsr pa laanw wr/lmeaeli[,dnn peFeny i[d[oLrNliry Ir wooed la Ibi eolrabrml6elwlf [ s[ PPUI sal �'cD t 'C yyy VI uI i f +d f ! Loy I I rr 17 QQ If ly �r"I Ail 140 )r c) !i E 1�J,rr, q.7j �a1 V WrIn N L 1/i d gg1 N I L 11 �I ,�' II .Z'.� .. Uw M p•>N YM N•,M )Msa H ), }fIl p NI'/i/ [ HII I. w iI.•i,.r i,iA ^ p )��• llLu biinl reyl U,Vfif is t I"•�i"aL�' t �Q' C 1 u v�i s � .rw.,.. � 1�1 • ,,", r'♦ i_ N M we 33 ♦ -rn.. y11F N M.. 40 , tt.. PIXIIIDTT D PERMI'UED EXCEPTIONS)TITLE REPORT '1 hose special exceptions listed on First Americtut'1'itle Insurance Company'Title Report $826864—CE dated FebnBry 13, 20M and any supplements thereto (which Title Report and Supplement aye incoi porated into this Agreement by this refeieuce)numbered S r 6 r 7 r 8,9 and 10. (V L5 :7 CT) C`J T7 G1 C=> �1 KV j PLEASE TYPE OR PRINT REAL. ES'I A 1'F, EXCISE TAX AFFIDAVIT This form is your receipt PLEASE SEE REVERSE CIIAVI Ftt 92.4s RCW-CIIAPTFR 458-61 WAC when stamped by cashier. F(la I NI:A I CUUN IY TRP.ASURE.R'S Off ICE. (Use Form No.84 000111 for Reporting frmnfri c of Controlling Interest of Entity Ownership to the Department of Revenue) THIS AFFIDAVIT WILL NOT OF At ('111 ED UNLESS ALL AREAS 1.7 ARE FULLY COMPLETED Name VENTIS CAPITAL! LLCt A WASHINGTON Name KING COUNTY, A POLITICAL SUBDIVISION a LIMITED LIABILITY COMPANY w OF THE STATE OF WASHINGTON Street 3315 EAST LAKE SAMMAMISH SHORE LANE SE Street 201 S. JACKSON ST.t SUITE 600 ° H, W City/State/7.ip LAKE SAMMAMIS A 98029 v CitylState2ip SEATTLE, WA 98104 19 ADDRESS TO SEND ALL PROPER IY TAX RFLAI ED CORRT:gT'W 101 NC'P. ALI.TAX PARCEL NUMBERS COUNTY I-REASURE.R PLACE ASSESSED VALUE IF TAX EXEMPT Name CITY OF KENT I 052205-9225-04 Street 220 FOURTH AVENUE SOUTH City/State/zip KENTt WA 98032-5895_ _ 5092 LF.(iAL DESCRIPTION OF PROPERTY SIT'UATF.I)ITJ 1)Q UNINCORPORATF,D KING COUNTY OR IN CITY OF Street Address(if property is improved): SEE EXHIBIT A FOR LEGAL DESCRIPTION ATTACHED HERETO AND BY THIS REFERENCE INCORPORATED HEREIN. Is this property currently: w'fS NO Description of personal property included in gross selling price,both tangible(eg; furniture,equipment,etc.)or intangible(eg; goodwill, Classified or designated as forest land? l l agreement not to compete,etc.) Chapter 84.33 RCW -- NONE Classified as current use land(open space,farm and agricultural,or timber)?Chapter 94.34 RCW Exempt from property tax as a nonprofit l] 10 If exemption claimed, list WAC number and explanation. organization?Chapter 84.36 RCW WAC No. (Sec/Sub) Seller's Exempt Reg.No. Receiving special valuation as historic [ ) ® Explanation property?Chapter 84.26 RCW Property Type: [M land only land with new building DEED OF CONSERVATION EASEMENT land with previously used building []land with mobile home Type of Document []timber only E]building only Date of Document Principal Use: ❑Apt.(4f unit) ❑residential limber ❑agricultural []commercial/industrial Gross Selling Price S 153,225.00 M other OPEN—SPACE/ZONEDJ1ESIDENTIAL ___ Personal Property(deduct) S —0— (1)NOTICE OF CONTINUANCE(RCW 84.33OR RCW 94.34) Taxable Selling Price $ 153,225.00 If the new owner(s)of land that is classified or designated as current use Excise Tax: State $ 2.298,38 (ir forest land wish to continue the classification or designation of such Local S 429.03 land,the new owner(s)must sign below. If the new owners)do not desire Delinquent Interest: State S —0— to continue such classification or designation,all compensating or additional tax calculated pursuant to RCW 84.33.120 and 141)or RCW Local S —0- 94.34.108 shall be due and payable by the seller or transferor it the time Delinquent Penalty S —0— of sale.The county assessor must determine if the land transferred Total Due S 2,727.41 qualifies to continue classification or designation and must so indicate I below.Signatures do not necessarily mean the land will rcntnin in A MINIMUM OF$2.00 IS DUE AS A PROCESSING FEE AND TAX.DUE classification or designation. If it no longer qualifies,it will he removed AFFIDAVIT and the compensating taxes will be applied.All new owners most sign. I Certify Under Penally Of Perjury Under The Laws Of The State Of This land does ❑does not qualify for continnonce. Washington That The Foregoing Is True And Correct.(See back of this ' form). Date CAPITAL L C DEPUTY ASSESSOR Signature of Grantor/Agent BY: (2) NOI-ICE OFCOMPLIANC'F (C'hapter84.261t('W) 'QS Name(print) I f the new mvner(s)of property with special vAluation a bistro is property (wish to continue this special valtuttion the new owners)nuts!sign below. Date and Place of Signing: If the new owner(%)do not desire to continue such specind valuntion,all additional tax calculated pursuant to Chapter 84.26 RCW,-.ball he due Signature of KING UXINTY and payable by the seller or transferor at the time of sale. Grantee/Agent (3) OWNER(S)SIGNATURE. Name(print) I'boruh L !CYLA�f Dale FL PIACe Of Signing: Perjury: Perjury is a class C felony which is punishable by imprisonment in the slate correctional institution for a maximum term of not more than five years,or by a fine in an amount fixed by the court nt not more than five thousand dollars($5,000.00),or by both imprisonment and fine(RCW 9A.20.020(IC)). I REV 84 0001 a(12-30-98)(PD 1-04-99) R)R TREASURER'S USE ONLY 1701 tNTY TR FASI FR F•R EXHIBIT A The Ens( linlf of flim portion of Ihc. Northenst cluniler of the Sothwest quarter of (lie Southeast quarter oi'Section 5, 'Township 22 North, Range 5 13as1, W.M., in King County, Washington, lying Westerly of lire Bast 33U feet; GXCCI'7'the North 282 feel lhert'ol, (ALSO KNOWN AS Lot 13 of King County Lot line Acljuslntent No. 883083.) G. i Slate of Washington Department of Revenue 11FiAL ESTATE EXCISE TAX /�- Miscellaneous Tax Section SUPPLEMENTAL STATEMENT PO Box 47477 REVENUE Olympia WA 9R504-7477 (WAC 458-61-150) This form must be submitted with the Real Estate f.xcise Tax Affidavit (FORM REV 84 0001A) for claims of tax exemption as provided below. Completion of this form is required for the types of real property transfers listed in numbers 1-5 below. Only the first white page of this form needs original signatures. A notary's signature is only required for Items 3 and 5. AUDIT: The transfer referred to on this document is subject to audit by the Department of Revenue under RCW 82.45.150. PERJURY: Perjury is a class C felony which is punishable by imprisonment in a state correctional institution for a maximum term of not more than five years, or by a fine in an amount fixed by the court of not more than five thousand dollars ($5,000.00), or by both imprisomnent and fine(RCW 9A.20.020(I C)). 'File persons signing below do hereby swear under penalty of perjury that the following is true(check appropriate statement): 1. ® DATE OF SALE: (WAC 458-61-090) 1,(prin(name) JEAN M. COUCH certify that the DEED OF CONSERVATION EASEMENT (type of instrument),dated 2/13/01 , was delivered to me in escrow by VE NTIS CAPITAL, LLC (seller's name). NOTE:Attorney, escrow agent,title company agent,or title insurance company agent named here must sign below and indicate name of firm.No notary is required.The payment of the tax is considered current if it is not more than 90 days beyond the date shown on the instrument. if it is past 90 days, interest and penalties apply to the date of the instrument. 2. GIFTS:(WAC 458-61-410)One of the fallowing must be checked.(NOTE: For gifts,both Grantor and Grantee must sign below.No notary is required.) ❑ A. NO DEBT.Grantor gifts property which has no underlying debt.The transfer is without consideration and/or love and affection is the only consideration. Sec Example I on reverse. ❑ B. THERE IS DEBT,BUT GRANTOR CONTINUES TO MAKE PAYMENTS.Grantor gifts property to Grantee and will continue to make all payments on debt of$ (please state total debt,not monthly payment)Grantee will not be making ally payments on the debt for which the Grantor is liable.The transfer is without consideration and/or love and affection is the only consideration. See Example 3 on reverse. ❑ C. OTHER GIFT TRANSFERS.Grantor gills the equity portion of the value of the property to the Grantee. Grantee will make payments toward the debt of$-- (please state total debt,not monthly payment)for which the Grantor is liable.In addition,(hantee will pay the Grantor$ .The transaction is taxable to the total ofany consideration,including debt.Love and affection is not taxable.See Examples 2,4,and 5 on reverse. 3. ❑ INCORPORATOR: (WAC 458-61-375 (2(1)). 1,(print name) am acquiring the subject property on behalf of(print corporation name)_—_ ._. Such corporation is currently being formed.NOTE:Grantee most sign below. Signature must be notarized. 4. ❑ ]IRS"TAX DEFERRED"EXCHANGE: (WAC 458-61-480) I,(print name) certify that I am acting as an Exchange Facilitator in transferring real properly to pursuant to IRC Section 1031,and in accordance with WAC 458-61-480. NOTE: Exchange Facilitator must sign below,No notary is required. 5. ❑ NOMINEE: (WAC 458-61-550) I,(print name) am acquiring the subject real property as nominee on behalf of(print name of third party principal) on(date of conveyance) NOTE: Grantee and principal must sign below.Both signatures must be notarized on or prior to the date of the conveyance to nominee.This statement must be attached to the Real Estate Tax Affidavit for transfer from nominee to principal. Escrow A en Attorney/Title Company Agentfl'ille NOTARY:Required only for Incorporator(Item 3)or Nominee Ilsurance ol»pany Agent(Indicate name of firm): (Item 5). Grantor/Nominee/Exchange Facilitator Signatures: Subscribed and sworn to me this FI C i7c INS CE CO. day of Notary Public Graz Prine,Gra t Prinetpal/Incorporator Signatures: (Signature) 4 Dis(ribution:Separate the copies of this form and attach to the Real (Print Name) Estate Excise Tax Affidavit as follows: in and for the state of 1) WIIITE-Attach to County Treasurer's Original 2) CANARY-Attach to Dept.of Revenue's Copy residing at 3) PINK-Attach to County Assessor's Copy 4) GOLD-Attach to Taxpayer's Copy REV 84 0002-1(12-4-98)(r)4-05-00) 1 AFTER RECORDING MAIL TO. THE CITY OF KENT 220 FOURTH AVENUE SOUTH ,� KENT, WA 98032 p PJO�, T eAAOWpyJCA; uD 3 to.0e KZND3000N1Ytsat 11111 E 18��0�yy 7231 Kaa 3C20UNTy 13:46 0t , Filed for Record at Request of 0 • .1 PAGE Sol OF 092 First American Title Company S `y•a'�. 155JMCI 1:1FirstAmericae Title Escrow Number. 39 i Iitaarance Campaey Statutory Warranty Deed Grantor(s): VENTI9 CAPITAL, LLC O�!_F&r J_c Grantee(s) THE CITY OF KENT Od+o 7 G Abbreviated Legal: SW QUARTER SE QUARTER,SEC 5,TWNSHP 22N,ROB 5E,records of KING •— County, WA Additional legal(s)on page: IST AM O Assessor's Tax Parcel Number(s) 052205-9225.04 N r� THE GRANTOR VENTIS CAPITAL, LLC, a Washington limited liability company e for and m consideration of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION m hand paid,conveys and warrants to THE CITY OF KENT, a municipal corporation of the State of Washington 0 N the following described real estate,situated In the County of KING State of Washington. SEE EXHIBIT A FOR LEGAL DESCRIPTION ATTACHED HERETO AND BY THIS REFERENCE INCORPORATED HEREIN. SUBJECT TO: SEE EXHIBIT B ATTACHED HERETO AND BY THIS REFERENCE INCORPORATED HEREIN. Dated this a 3 day of W"tk gool By VENTIS CAPITAL, LLC BY BY BY GREGOP14 S. JONE9 I I MANAGING MEMBER STATE OF VAASHINGTONV County of M me, SS: On this_af_day of February, 2001 before me,the undersigned,a Notary Public in and for the State of Washington,duly commissioned and sworn,personally appeared GREGORY S. JONES to me known to be the individual described m and who executed die foregoing instrument,as�f the VENTI S CAPITAL, LLC a Luitt iability Company,and acknowledged to he me that signed and sealed this said instrument as his free and voluntary act and deed for theaise and purposes dierem mentioned,and OR oath stated he la authorized to execute the said instrument Given under my hand and official seal this — ay of Feb ruar 2001 N ary blic�ip azt q�the State of es g at K ZY 1 /i�d _ • �s'r My appointment expires _ �a ?11 JEAN M. COUCH Page 1 LPB-10 EXHIBIT A LEGAL DESCRIPTION The East half of that portion of the Northeast quarter of the Southwest quarter of the Southeast quarter of Section 5,Township 22 North,Range 5 East,W M,in King County,Washington,lying Westerly of the East 330 feet, EXCEPT the North 282 feet thereof; (ALSO KNOWN AS Lot B of King County Lot line Adjustment No.883083) TOGETHER WITH an easement for ingress, egress and utilities over the West 25 feet of the following described property: The South 267 feet of the Noth 282 feel of the East half of that portion of the Northeast quarter of the Southwest quarter of the Southeast quarter of Section 5,Township 22 North,Range 5 East, W M,in King County,Washington,lying Westerly of the East 330 feet; EXCEPT the East 80 feet of the North 150 feet thereof; (ALSO KNOWN AS Lot A of King County Lot Line Adjustment No 883083.) cn 0 m c� m ea 0 c4 N TDC Purchue and Sale•Dws-Kent doe Page 9 or23 2/13/01 EXMrr B RESERVATIONS AND EXCEPTIONS, INCLUDING THE TERMS AND CONDITIONS T[MAEOF: RESERVING. MINERALS RESERVED BY NORTHERN PACIFIC RAILWAY COMPANY RECORDED: FEBRUARY 16,1900 RECORDING NO.: 196911 EASEMENT AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: CHRISTIAN A.SELANDER,SR. AND: ALBERT C.SELANDER, AL AND EDNA SELANDER, HUSBAND A"WIFE AND. ANNA O.ROOK,A SINGLE WOMAN AND: MABEL ENGLE,A SINGLE WOMAN AND' DESMOND GUM AND ISA MAY GUM,HUSBAND AND WD?$ RECORDED: APRIL 77,1943 RECORDING NO: 3305915 WINSTON WATER SYSTEM AGREEMENT AND TIM TERMS AND CONDITIONS THEREOF: BY AND BETWEEN: C.C.ROE,CLARA S.WINSTON,HARRY ARNOLD, r' MINNIE L.DOW,RUTH A.TAYLOR,P.H.CULLEN, G.M. o BELL,J.11.HAYES AND L.W.ROE c� RECORDED: JUNE is,1945 RECORDING NO: 3479339 N ' EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: MAY 17,1967 RECORDING NO.: 6349939 o IN FAVOR OF: WATER DISTRICT No.so FOR: WATER MAIN AFFECTS THE LEGAL DESCRIPTION CONTAINED IN SAID EASEMENT IS NOT SUFFICIENT TO DETERMINE ITS EXACT LOCATION WITHIN SAID PREMISES DEVELOPER EXTENSION REIMBURSEMENT AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: CASCADE SEWER DISTRICT AND TOM AND VICKDI ROBERTS RECORDED: JULY 23,1981 RECORDING NO.: $107230404 TERMS, COVENANT9, CONDITIONS AND RESTRICTIONS, IF ANY,AS CONTAINED IN UNRECORDED LOT LINE ADJUSTMENT NO. LLA 883093 AS DISCLOSED BY THE KING COUNTY TAX ROLLS CONSERVATION EASEMENT AND COVENANT FOR PARK USE,INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: 3-93 oac0j 170A RECORDING NO.: IN FAVOR OF: KING COUNTY, A POLITICAL.SUBDIVISION OF THE STATE OF WASHINGTON FOR: CONSERVATION AND PARK USE I., i PLEASE TYPE OR PRINT' REAL ESTA I'F EXCISE TAX AFFIDAVIT This form is your receipt PLEASE.SEE REVERSE CHAPI PR 92.45 RCW-CHAPTER 458-61 WAC when stamped by cashier. FI I^.I NV AI COUNTY TREASURERS OFFICE (Use Form No.84 o001 R for Reporting Transfris of Controlling Interest of Entity Ownership to the Department of Revenue) THIS AFFIDAVIT WILL NOT RF ACt'FrfF.D UNLESS ALL AREAS 1-7 ARE FULLY COMPLETED Name VENTIS CAPITAL, L_LCr _A WASHINGTON Name THE CITY OF KENTr A MUNICIPAL LIMITED LIABILITY COMPANY CORPORATION OF THE STATE OF SIN 1� o __ __ Street 3315 EAST LAKE SAMMAMISH SHORE LANE SE Street 220 FOURTH AVENUE SOUTH_ m City/State/zip—LAKE-SAMMAMISHr.—M...-98029 City/Ststerzip KENTr WA 98032-5895 ki ADDRESS TO SEND ALL PROPF.Ri Y'TAX RELATED CORRfSPI IT ngN(T ALL TAX PARCEL NUMBERS COUNTY TREASURER PLACE. ASSESSED VALUE IF TAX EXEMPT Name CITY OF KENT _-_ 052205-9225-04 t Street 220 FOURTH AVENUE SOUTH City/State/Zip KENTr WA 98032-5895 _ 5092 LEGAL DESCRIPTION OF PROPERTY SITUATED IN 1311 ININCORPORATE.D____KIM COl1NTY ❑OR 1N CITY OF _ Street Address(if property is improved):_ SEE EXHIBIT A FOR LEGAL DESCRIPTION ATTACHED HERETO AND BY THIS REFERENCE INCORPORATED HEREIN. Is this property currently: YFC NO Description of personal property included in gross selling price, both tangible(eg; furniture,equipment, etc.)or intangible(eg; goodwill, Classified or designated as forest land? ❑ agreement not to compete,etc.) Chapter 84.33 RCW Classified as current use land(open space,farm [] $] NONE and agricultural,or timber)?Chapter 84.34 RCW Exempt from property tax as a nonprofit If exemption claimed, list WAC number and explanation. organization?Chapter 84.36 RCW Seller's Exempt Reg.No. _ WAC No. (Sec/Sub) Receiving special valuation as historic [) Explanation property?Chapter 94.26 RCW Property Type: D_Q land only ❑land with nriv building STATUTORY WARRANTY DEED ❑land with previously used building ❑land with mobile home Type of Document ❑timber only ❑building only Date of Document Principal Use: ❑Apt.(4f unit) ❑residential ❑limber ❑agricultural ❑commercial/industrial Gross Selling Price S 51,075.00 ®other OPEN SPACE ZONED RESIDENTIAL Personal Property(deduct) $ —0— _ ® (1)NOTICE,OF CONTINUANCE(RCW 84.33 OR RCW R4 34) Taxable Selling Price S 51,075.00 Excise'1'ax: State S 766.13 If the new owner(s)of land that is classified or designated as cm rent use or forest land wish to continue the classification or designation of such Local $ 143.01 land,the new owner(s)must sign below.If the new owners)do not desire Delinquent Interest: State $ —0— _ to continue such classification or designation,all compensating or additional tax calculated pursuant to RCW 84.33.120 and 140(it RCW Local $ —0— 84.34.108 shall be due and payable by the seller or transferor at the time Delinquent Penalty $ —0— of sale.The county assessor must determine if the land transferred Total Due S 909.14 qualifies to continue classification or designation and must so indicate below.Signatures do not necessarily mean the land will remain in A MINIMUM OF$2.00 IS DUE AS A I!ROCESSINO FEE AND TAX.DUE clnssification or designation.If it no longer qualifies,it will he tcimrved AFFIDAVIT and the compensating taxes will be applied.All new owncts tmrsi sign. 1 Certify Under Penalty Of Perjury Under The laws Of"The State Of This land ❑does ❑does not qualify for continunucc. Washington'1'hat The Foregoing Is True And Correct.(See back of this form). V CAPI ' LLC Date Signature of DEPUTY ASSESSOR Grantor/Agent BY: (2) NOTICE OF COMPLIANCE,(Chapter 84.26 RCW) Name(print) e I f the new owner(s)of property with special valuation as histm is property wish to continue this special valuation the new owners)must sign below. Date and Place of Signing: GV(.1 /J If the new owner(s)do not desire to continue such special vnfualion,all THE CITY OF KENT additional tax calculated pursuant to Chapter 84.26 RCW,shnfl he due Signature of and payable by the seller or transferor at the time of sale. Grantee/Agent BY: (3) OWNF,R(S)SIGNATURE Name(print) , YOR& 4M Date&Place of Signing: Perjury: Perjury is a class C felony which is punishable by imprisonment in the state correctional institution for a maximum term of not more Than five years,or by R fine in an amount fixed by the court of not more than five thousand dollars($5,000.00),or by both imprisonment and fine(RCW 9A.20.020(I C)). RGV 84000la(12-30-98)(PD I-04-99) FOR TREASURER'S USE ONLY ('01 IN'ry 'rRFASUNrR EXHIBIT A I.F.ML DESCRIPTION The East half of that portion of the Northeast quarter of the Southwest quarter of the Southeast quarter of Section 5, "Township 22 North, Range 5 East, W.M., in King County, Washington, lying Westerly of the East 330 feet; EXCEPT the North 282 feet thereof; _ (ALSO KNOWN AS Lot B of King County Lot line Adjustment No. 883083.) TOGETHER WITH an easement for ingress, egress and utilities over the West 25 feet of the following described property: The South 267 feet of the North 282 Icct of the East half of that portion of the Northeast quarter of the Southwest quarter of the Southeast quarter of Section 5, 'Township 22 North, Range 5 East, W.M., in King County, Washington, lying Westerly of the East 330 feet; EXCEPT the East 80 feet of the North 150 feet thereof; (ALSO KNOWN AS Lot A of King County Lot Line Adjustment No. 883083.) A L� It TIC Purchase and Sete-Davis-Kent.doc Page 9 of 23ti ~\ 2/13/01 State of Washington Department or Revenue ItEA1, ESTATE EXCISE TAX ��� PO Bo 4747 Tax Section SIIPI'I,EMENTAL STATEMENT ro Box 474n REVENUE Olympia WA 98504-7477 (WAC 458-61-150) This form must be submitted with the Real Estate Fxcise Tax Affidavit (FORM REV 84 0001A) for claims of tax exemption as provided below. Completion of this form is require(] fin file types of real property transfers listed in numbers 1-5 below. Only the first white page of this form needs original signatures.A notary's signature is only required for Items 3 and 5. AUDIT: The transfer referred to on this document is subject to audit by the Department of Revenue under RCW 82.45.150. PERJURY: Perjury is a class C felony which is punishable by imprisonment in a state correctional institution for a maximum term of not more than five years, or by a fine in an amount fixed by the court of not more than five thousand dollars($5,000.00), or by both imprisonment and fine(RCW 9A.20.020(IC)). 'rhe persons signing below do hereby swear under penalty of perjury that the following is true (check appropriate statement): 1. ® DATE OF SALE: (WAC 458-61-090) I,(print name) JEAN M. COUCH_ _ certify that the STATUTORY WARRANTY DEED (type of instrument),dated 2/21/01 wiq delivered to me in escrow by VENTIS CAPITAL, LLC (seller's name). iNon.: Attorney,escrow agent, Title company agent,or title insurance company agent named here must sign below and indicate name of firm. No noinry is required.The payment of the tax is considered current if it is not more than 90 days beyond the(late shown oil the instrument. If it is past 90 days, interest and penalties apply to the date of the instrument. 2. GIFTS:(WAC 458-61-410)One of the following must be checked.(NOTE: For gifts,both Grantor and Grantee must sign below.No notary is required.) ❑ A. NO DEBT.Grantor gifts property which has no underlying debt.The transfer is without consideration and/or love and affection is the only consideration. See Fxample I on reverse. ❑ B. THERE IS DEBT,BUT GRANTOR CONTINUES TO MAKE PAYMENTS.Grantor gifts property to Grantee and will continue to make all payments on debt of$ (please state total debt,not monthly payment)Grantee will not be making any payments on the debt for which the Grantor is liable.The transfer is without consideration and/or love and affection is the only consideration.See Example 3 on reverse. ❑ C. OTHER GIFT TRANSFERS. Grantor gifts the equity portion of the value of the property to the Grantee.Grantee. will make payments toward the debt of$- (please state total debt,'not monthly payment)for which the Grantor is liable. In addition,(.it antee will pay die Grantor$ .The transaction is taxable to the total ofany consideration,including debt.Love and affection is not taxable.See Examples 2,4,and 5 on reverse. 3. ❑ INCORPORATOR:(WAC 458-61-375(2(i)). I,(print name) _ .am acquiring the subject property on behalf of(print corporation name) Such corporation is currently being formed. NOTE:Grantee must sign below.Signature must be notarized. 4. ❑ IRS"TAX DEFERRED"EXCHANGE: (WAC 458-61-480) I,(print name) certify that I am acting as an Exchange Facilitator in transferring teal property to pursuant to IRC Section 1031,and in accordance with WAC 458-61-480. NOTE: Exchange Facilitator must sign below. No notary is required. 5. ❑ NOMINEE:(WAC 458-61-550) I,(print name) am acquiring the subject real property as nominee on behalf of(print name of third party principal) on(date of conveyance) NOTE:Grantee and principal must sign below. Both signatures must be notarized on or prior to the date of the conveyance to nominee.This statement must be attached to the Real Estate Tax Affidavit for transfer from nominee to principal. (serow A /Aftorney/Title Company Agentfl'if le NOTARY:Required only for Incorporator(Item 3)or Nominee urZii� ance Company Agent(Indicate name of firm): (Item 5). Grantor/Nom ee/Excllan a Facilitator Signatures: Subscribed and sworn to me this ERSTIAMRAWITL INSURANCE CO. day of Gr a/Principal/Incorporator Signatures: (Signature) Notary Public 4. Distribution:Separate the copies of this form and attach to the Real (Print Name) Estate Excise Tax Affidavit as follows: in and for the State of t) WHITE-Attach to County Treasurer's Original 2) CANARY-Attach to Dept.of Revenue's Copy residing et 3) PINK-Attach to County Assessor's Copy 4) GOLD-Attach to Taxpayer's Copy R F,V 94(W2.1(12-4-911)(PD 4-05.00) RETURN TO Property Management FIRT Map 3 as 14. 31 City of Kent eaag3'r�e� t7 t 220-4th Avenue South Kt:NN COUNTY, NA Kent WA 98032 GRANTOR(S): Ventis Capital,LLC, a Washington limited liability company GRANTEE(S): City of Kent, a Washington municipal corporation, King County, a political subdivision of the State of Washington ABBREVIATED LEGAL DESCRIPTION: Section 5, Township 22N, Range 5, SW Quarter of the SE Quarter I?zf:g OCT C Additional legal description is on page of document ;ST AM-S CV qr) ASSESSOR'S TAX PARCEL ACCOUNT NUMBER(S): 052205-9257-05 and C' 052205-9225-04 c� c14 N ACCESS AND UTILITY EASKMEENT THIS INSTRUMENT made this 2a day of ®A ?VC#- 2001, by and between VENTIS CAPITAL, LLC, a Washington limited liability company, ("Grantor"), the CITY OF KENT, a municipal corporation of King County, State of Washington ("City"), and KING COUNTY,a political subdivision of the State of Washington("County") WITNESSETH that Grantor for and in consideration of valuable consideration receipt of which is hereby acknowledged by said Grantor, does by these presents grant, bargain, sell, convey, and confirm forever unto the City, its successors and/or assigns, an easement for ingress, egress and utilities with necessary appurtenances, including use of incidental areas immediately adjacent for the installation, operation, maintenance, extension, construction, altering, reconstructing and repair over, through, across and upon the following described real property situated in King County,Washington, more particularly described as follows See attached Exhibit "A' ACCESS AND UTILITY EASEMENT(between Yenhs Capital,LLC,and Gty of Kent)Page-1 of 3 This easement is for the benefit of the following described real property in King County, Washington, more particularly described as follows See attached Exhibit"B" Without prior institution of suit or proceeding at law, the City shall have the right, at times as may be necessary, to enter upon said property and Immediate adjacent, incidental areas with the necessary equipment for the purposes of alteration, installation, operation, maintenance, extension, construction, repair, and reconstruction of said ingress, egress, and utilities or making any connections therewith without incurring any Iegal obligation or liability therefore, providing that said alteration, installation, operation, maintenance, extension„ construction, repair and reconstruction of said ingress, egress, and utilities shall be accomplished in such a manner that the private improvements existing within this easement area including said incidental areas shall not be disturbed or destroyed, or in the event they are disturbed or destroyed, they will be replaced in as good a condition as they were immediately before the property was entered upon by the City Grantor shall retain the right to use the surface of this easement including said incidental areas so long as said use does not interfere with the uses heretofore defined This easement shall be a covenant running with the land forever and shall be binding on Grantor's successors, heirs, and assigns r''MTNESSETH that Grantor for and in consideration of valuable consideration receipt of which o s hereby acknowledged by said Grantor, does by these presents grant, bargain, sell, convey, and cconfirm forever unto the County, its successors and/or assigns, an easement for ingress and Regress to monitor and otherwise enforce the terms of the Deed of Conservation Easement "ecorded under King County recording number 100/ 0323 "1 -]2� This oeasement is over, through, across and upon the following described real property situated in King 'County,Washington, more particularly described as follows 0 0 "' See attached Exhibit "A" This easement is for the benefit of the County and not any particular parcel of real property Without prior institution of suit or proceeding at law, the County shall have the right, at times as may be necessary, to enter upon said property and immediate adjacent, Incidental areas with the necessary equipment for the purposes of monitoring and otherwise enforcing the terms of the Deed of Conservation Easement recorded under King County recording number without incurring any legal obligation or liability therefore, providing that said use for ingress and egress shall be accomplished in such a manner that the private improvements existing within this easement area including said incidental areas shall not be disturbed or destroyed, or in the event they are disturbed or destroyed, they will be replaced in as good a condition as they were immediately before the property was entered upon by the County ACCESS AND UTILITY EASEMENT(between Ventis Capital,LLC,and Cary of Kent)Page-2 of 3 G,. Grantor shall retain the right to use the surface of this easement including said incidental areas so long as said use does not interfere with the uses heretofore defined This easement shall be a covenant running with the land forever and shall be binding on Grantor's successors, heirs, and assigns DATED this 3 day of 2001 GRANTOR: GRANTEES: Venus Capital,LLC City of Kent It It Its I s�JIM WH=, MAYORP20-O,:r-& By Its " KING COUNTY, C14 a political subdivision ofthe State of Washington Cn f� CS BY Pam Bissonnette,Director Department of Natural Resources Notary AclmowledgementsAppear on Next Page ACCESS AND UTILITY EASEMENT(between Ventts Capital,LLC, and City ofKeno Page-3 of 3 k. STATE OF WASHINGTON ) ss COUNTY OF KINGA. ") On thi�Say of �Yfi�1 2001, before me a Notary Public in and for the State of Washington, personally ap eared ✓ o ne5 ead- to me known to be the arid— — of Ventis Capital, LLC, a WaMgKn limited liability company that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said corporation, for the uses and purposes mentioned in this instrument, and on oath stated that they were authorized to execute said instrument I -Notary Seat MwrAppear VArhae Thu Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first ab, `,ti JEAN IL C011CH N Y PUBLIC,m and fob dye S t / 1.� of ashtngton,residing at, IY�.(QA'L�I o pP W My appointment expires M N STATE OF WASHINGTON ) ch ss r- COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that 3rm*ffrfte is the person who app ed before me, and said person acknowledged that 14ailed this instrument, on oath stated that is authorized to execute the instrument on behalf of the City of Kent as its Mayor)ann 7such" execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument 0_ a a: _o r Notary Seat Must Appear H4thm MjBa- IN WITNESS WHEREOF,I have hereunto set my hand and official seal the day and year first above eny�,�044 6• i ;a OTq a Rp.•;pt NOTARY PUBLIC,in State air �18-A,�����•:� of Washington,reading i�Jcr� `'•�,,oF NASK�,,.`�•� My appointment expues -i -o 'air„n„qa�" ACCESS AND UTILITY EASEMENT(between Venks Capital,LLC,and City ofKeno Page-4 of 3 k. STATE OF WASHINGTON ) . ss COUNTY OF KING ) Dmom*L aQtM� I hereby certify that I know or have satisfactory evidence that Pa*-Bie� is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated �7e is autiOrized t execute the instrument on behalf of the King County as its ns,T M L 2/kT ER to O�6f 1),/ir•VN DA and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument •NoMy Seat M=tAppmrWWhtn ThisBar- `11111111f 111I1tt��� ,I have hereunto set my hand and official seal the day and year first abovF 9 MOTARY /JE 4vpJ44%— �,�4+ NOTARY PUBLIC,inand for the State 0&IWAB���e�`,` My eppo eviofWashirigtonjesizat (o cn t� c� c� cn h ruzvMFaeswomea e4WVamc�naet$UdtyEMn"-wtmwncary&a M c� 0 a cv ACCESS AND UTILITY EASEMENT(between Venus Capital,LLG and City of Kent)Page-5 of 3 THE WEST 25 FEET OF THE FOLLOWING DESCRIBED PROPERTY THE SOUTH 267 FEET OF THE NORTH 282 FEET OF THE EAST HALF OF THAT - PORTION OF THE NORTHEAST QUARTER OF THE SOUTWEST QUARTER OF . THE SOUTHEAST QUARTER IN SECTION 5, TOWNSHIP 22 NORTH, RANGE 5 EAST. W M, IN KING COUNTY, WASHINGTON, LYING WESTERLY OF THE EAST 3 3 Q FEET, EXCEPT THE EAST 80 FEET OF THE NORTH 150 FEET THEREOF, (ALSO KNOWN AS LOT A OF KING COUNTY LOT LINE ADJUSTMENT NO 883083.) cwl o N C'n O Ca N EXHIBIT "A" k. EXHIBIT B 7 he East half of that portion of the Northeast quarter of the Southwest quarter of the Southeast quarter of Section 5, Township 22 North, Range 5 East, W.M., in King County, Washington, lying Westerly of the Last 330 feet; ExcEpf(lie North 282 feet thereof, (ALSO KNOWN AS Lot H of King County Lot line Adjustment No. 883083.) 0 0 c+� N C� O O C.4 N t,. �qIRT 1 2 02903 Recording Requested By And Kdc t7it When Recorded Mad To King County Department of Natural Resources Water and Lands Resources Division Resource Lands/Open Space Section 201 S Jackson,Ste 600 Seattle,WA 98104-3854 i Certificate Number 0112 Date Issued / o/ DDES File Number A99P3116 (fea&8&V-CE 1ST AM•)b King County Transfer of Development Credit Pilot Program 201 S Jackson,Suite 600 Seattle,WA 98104-3854 cm TRANSFER OF DEVELOPMENT CREDIT N SENDING SITE CERTIFICATE Pursuant to King County Code 21 A.55 o Grantor King County,a political subdivision of the State of Washington cw Grantee Ventis Capital,LLC,a Washington limited liability company Legal Description SW%,SW%5-225 Assessor's Tax Parcel Number 052206-9225-04 This certifies that Ventis Capital,LLC,a Washington limited liability company owns 32 transfer of development credit(s)removed from the parcels)for which the tax parcel identification number(s)and legal description(s)are provided in Exhibit A hereto attached,which has been qualified as a transfer of development credit sending site This certificate identifies the number of development credits that the owner may use or sell consistent with the provisions of King County Code 21A 55 The official record of these credits is maintained by King County. If there is any discrepancy between the number of credits identified on this certificate and the official record,the official record shall control The development credits may be used only on a receiving site(s)that has/have been given final approval for additional residential density achieved through the transfer of development credits in accordance with the King County Zoning Code(K C.C.21A) Approved by Representative of the King County Transfer of Development Credit Program Interagency Review Committee Signature Date Page 1 of 4 i.. STATE OF WASHINGTON ) )SS. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Mark Sollitto is the person who appeared before me, and said person acknowledged that he signed this instrument,on oath stated that he is authorized to execute the Instrument and acknowledged it as the Program Manager, Transferable Development Credits Program of King County to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument Dated Notary Public in and for the State of Washington Mos�nr a Residing at DE"S IAOI6VS My appointment expires t °3 o ' 0 m m c- 0 0 N CeMileate Number 00022 L Date Issued DDE3 File Number AggP31is page 2or4 RE� MN7; 9DIT$ If any of the development credits identified on this certificate are sold,conveyed, transferred and/or redeemed for use,the person acquiring and/or redeeming the credits shall within ten(10)business days deliver to the King County Transfer of Development Credit Program this original certificate with this section properly completed Upon receipt,cerhhcate(s)will be re-issued to reflect the new number of credits available, if there are any,to the owner or to the person acquiring the credits after the sale,transfer, conveyance and/or redemption reported herein A. Fill out this section for a sale,conveyance or transfer of credits. 1. GRANTEE(Buyer) NAME t ADDRESS CITY/STATE ZIP CODE 2.GRANTOR(Seller) NAME ADDRESS 0 CITY U "' STATE/ZIP N h 3. NUMBER OF CREDITS SOLD,TRANSFERRED o OR CONVEYED c� N 4. DEVELOPMENT CREDIT SELLER APPROVAL Signature of Seller Date 5. DEVELOPMENT CREDIT BUYER APPROVAL Signature of Buyer Date 6. ATTACH WRITTEN EVIDENCE OF THE TRANSACTION (e.g. Contract of Sale, Bill of Sale) certificate Number 00022 Date Issued ODES File Number A99P3110 Page 3 of 4 I.. B. Fill out this section for a redemption of credits for use at a receiving site. 1. OWNER(Person Redeeming Credits) NAME ADDRESS CITY STATE/ZIP , 2. RECEIVING PITE FOR WHICH DEVELOPMENT CREDITS ARE REDEEMED TAX PARCEL NUMBER(S) 3. KING COUNTY DEPARTMENT OF DEVELOPMENT AND ENVIRONMENTAL SERVICES RECEEVING SITE DEVELOPMENT APPLICATION FILE NUMBER m 4. KING COUNTY DEPARTMENT OF DEVELOPMENT AND 0 ENVIRONMENTAL SERVICES RECEIVING SITE DEVELOPMENT APPLICATION APPROVAL DATE 0 5. NUMBER OF CREDITS REDEEMED 6. DEVELOPMENT CREDIT REDEEMER APPROVAL Signature of Redeemer Date C. Fill out both Sections A and B If credits are being sold,conveyed or transferred and redeemed at the same time. Certificate Number 00022 Date Issued DDES File Number A99P31I S Page 4 of 4 I,. EXHIBIT A LEGAL DESCRIPTION The East half of that portion of the Northeast quarter of the Southwest quarter of the Southeast quarter of Section 5, Township 22 North, Range 5 East, W M , in King County, Washington, lying Westerly of the East 330 feet, EXCEPT the North 282 feet thereof, (ALSO KNOWN AS Lot B of King County Lot line Adjustment No 863083 ) ' TOGETHER WITH an easement for ingress, egress and utilities over the West 25 feet of the following described property 1 The South 267 feet of the North 282 feet of the East half of that portion of ' the Northeast quarter of the Southwest quarter of the Southeast quarter of Section 5, Township 22 North, Range 5 East, W M , in King County, Washington, lying Westerly of the East 330 feet, EXCEPT the East 80 feet of the North 150 feet thereof, (ALSO KNOWN AS Lot A of King County Lot Line Adjustment No 883083 ) cv M C7 O frl N , ro c. G G9 lV irlb;LUt71 LI; :J4 4L:)Jt) �44� uriHi� u.i.uui iii Hum uc Addendum Purchase and Sale Agreement This Addendum is to a Purchase and Sale Agreement entered into and executed by and between VENTIS CAPITAL, LLC, a Washington Limited Liability Company (Seller), THE CITY OF KENT, a municipal corporation of the State of Washington(Buyer), and KING} COUNTY, a political subdivision of the State of Washington, with signatures thereupon starting on February 13, 2001 and with a specified closing date of February 16, 2001. The property at issue is situated in King County, Washington and is described in Exhibit "A" to the above named Purchase and Sale Agreement. This Addendum is for the purpose of extending the terms of Paragraph 6.-Closing, of the above mentioned Purchase and Sale Agreement. It is the agreement of the parties that time for Closing shall be extended to no later than March 23, 2001. This extension being necessary in order to obtain signatures on all documents which are pertinent to the Closing. The Addendum is also for the purpose of-modification to the terms of Paragraph 2.2- Easement, of the above mentioned Purchase and Sale Agreement. It is agreed between the parties that a "replacement" easement which extends terms of access and egress to King County as well as City of Kent over the West 25 feet of the following described property: The South 267 feet of the North 282 feet of the East half of that portion of the Northeast quarter of the Southwest quarter of the Southeast quart of Section 5, Township 22 North, Range 5 East, W.M., in King County, Washington, lying westerly of the East 330 feet; EXCEPT the East 80 feet of the North 150 feet thereof(ALSO KNOWN AS Lot A of King County Lot Line Adjustment No 883083) , shall be attached to the Purchase and Sale Agreement as the new Exhibit "E" to the Agreement. The prior contemplate¢ Easement has hereby been replaced. Signed in duplicate original. VENTIS CAPITAL, LLC CITY OF KENT A Washington Limited Liability Company A Washington Municipal Corp 13y:,F�rtr-W 11 e—LEo„�A o,s:,e By: gory Jo s Its: Ma or /� 7-&M Its: Managing Me b of Ventis Capital Date: _d J Date•_ 3 1 91 Addendum Purchase and Sale-Davis-Ke"Ldoe Page 113 1 3/16/01 W/16/20W 11: 54 4253by244'3 UHAILAU:NUU,, Mi HAUL li This Addendum APPROVED AS TO FORM: City Attorney or Assistant City Attorney-Kent Date: - /- D / KING COUNTY A political subdivision of the State of Washington BY: o v Pam Bissonnette,Director Department of Natural Resources Date:_ 3 MIDI Addendum Purchase and Sale-Davis-Kentdoc Pace 3/16/01