HomeMy WebLinkAboutCAG1999-0370 - Other - Valley Communications Center - Closing Documents for Sale of S 274th St and 108th Ave S - 05/25/2000 u
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WARREN BARBER DEAN_& FONTES, P.S.
ATTORNEYS AT LAW COPY RECEIVE
LAWRENCE J.WARREN MAY 2 3 2000
MARK BARBER
DAVID M.DEAN ZANET Kent Dilly
I'A L.FONTFS
STEPHANIE P.DIKEAKOS
RUSSELL WILSON
MARK S.JOHNSEN
May 23, 2000
Tom Brubaker
Assistant City Attorney
City of Kent
220 41h Ave S
Kent, WA 98032
Re: City of Kent Sale to Valley Communications Center
Dear Mr. Brubaker:
Enclosed are the draft closing documents for the above transaction.
You will note on page 2 of the Statutory Warranty Deed the easement the City of Kent is
reserving for utility purposes over a portion of the property. My office obtained this language
from Carol Storm of the City of Kent. Please review this language to confirm that it is sufficient
for the City of Kent's purposes.
We are hoping to close this transaction this week. The title company was somewhat
delayed in providing my office with a copy of the inspection report for the extended owner's
policy of title insurance, so we are a bit behind schedule. Please let my legal assistant Stephanie
Rary know when you estimate the documents will be signed, or if you have any other comments
on the documents.
Thank you for your assistance in this transaction. Please contact my office if you have
any questions or comments.
Very truly yours,,
David M. Dean
Enc.
Cc: Mike Sweeney
100 SOUTH SECOND STREET • POST OFFICE BOX 626
RENTON, WASHINGTON 98057
PHONE (425) 255-8678 • FACSIMILE(425) 255-5474
After recording return to:
WARREN, BARBER, DEAN & FONTES, P.S.
P.O. BOX 626
RENTON, WASHINGTON 98057-0626
DOCUMENT TITLE: Statutory Warranty Deed
REFERENCE NUMBER OF RELATED DOCUMENT: N/A
GRANTOR(S): City of Kent
ADDITIONAL GRANTOR(S) ON PAGE: 1
GRANTEE(S): Valley Communications Center
ADDITIONAL GRANTEE(S) ON PAGE: 1
ABBREVIATED LEGAL DESCRIPTION: NE NW, 32-22-05
ADDITIONAL LEGAL DESCRIPTION ON PAGE(S): 1 -2
ASSESSOR'S TAX PARCEL NUMBER(S): 3222059195
STATUTORY WARRANTY DEED
City of Kent, a Washington municipal corporation, for and in consideration of Ten
Dollars and No Cents ($10.00) and other good and valuable consideration in hand paid, conveys
and warrants to Valley Communications Center, a Washington municipal corporation, the
following described real estate, situated in King County, State of Washington:
The southeast quarter of the northeast quarter of the northwest quarter of Section
32, Township 22 North, Range 5 East, W.M., in King County, Washington;
Except the north 315 feet; and
Except the east 33 feet thereof.
Situate in the City of Kent, County of King, State of Washington.
TOGETHER WITH an easement for ingress, egress and utilities over, across and
under the following described property:
Beginning at the southeast comer of the above described property;
Thence west along the south line thereof a distance of 162.25 feet to the TRUE
POINT OF BEGINNING of easement herein described;
Thence south 79013'30"west a distance of 141.35 feet;
Thence northwesterly at right angles to last described line a distance of 26.9 feet
more or less to a point on said south line;
STATUTORY WARRANTY DEED - 1
Thence east a distance of 143.89 feet more or less to the TRUE POINT OF
BEGINNING of easement herein described.
The Grantor and/or their assignees reserve an easement for utilities over, across
and under the following described property:
The South 25.00 feet of the West 320.00 feet of the East 350.00 feet of the above
described main parcel.
And also reserving unto the Grantor and/or their assignees an easement for sanitary sewer
and the right to maintain same over, across and under the South 100.00 feet of the East
18.00 feet of the above described main parcel.
SUBJECT TO:
1. An Easement affecting the portion of said premises and for the purposes stated
therein, including, but not limited to, the purpose of ingress and egress, disclosed
by instrument recorded August 31, 1999, affecting the south 25 feet of the east
320 feet of subject property.
2. Covenants, conditions, restrictions and easements contained in Lot Line
Adjustment recorded on January 25, 2000, recorded under King County
Recording No. 20000125001665.
Dated this a SS day of MAY , 2000.
CITY OF KENT
a Washington municipal corporation
BY �,� ✓tom,
Mayor rm White
Leona Orr, Mayor Pro Tem
STATUTORY WARRANTY DEED - 2
STATE OF WASHINGTON )
ss
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Leona Orr, Mayor Pro Tem, is the
person who appeared before me, and who signed this instrument, on oath stated that Leona Orr,
Mayor Pro Tem, was authorized to execute the instrument and acknowledged it as the Mayor of
City of Kent to be the free and voluntary act of such party for the uses and purposes mentioned in
the instrument.
Dated thisc;kS day of 2000.
N ary Public in and f r the State of J,41-4 eE J-). e fin/15TL,0
+�`' ° ��`!P�`:, Washington, residing at
,korARy :r" _. My appointment expires: —i -oa
: �• � � .� :
0 MASN�t` .
STATUTORY WARRANTY DEED - 3
PLEASE TYPE OR PRINT REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt when stamped
PLEASE SEE REVERSE by cashier
Chapter 82.45 RCW-Chapter 458fi1 WAC
For Use at County Treasurer's Office
(Use Form No. 84-000IB for Reporting Transfers of Controlling Interest of Entity Ownership to the Department of Revenue
This Affidavit Will Not Be Accepted Unless All Areas 1-7 Are Fully Completed.
Name City of Kent a municipal cpmorat.on Name Valley Communications—Center,�_municipal
a w
co ration
J Street 220 4th Ave S 6 street 23807 98th Ave S
"U City/State/Zip Kent, WA 98032 m� city/State/Zip Kent, WA 98031
ADDRESS TO SEND ALI,PROPERTY TAX RELATED CORRESPONDENCE ALL TAX PARCEL NUMBERS COUNTY TREASURER PLACE
ASESSED VALUE IF TAX EXEMPT
Nacre same as Grantee 3222059195
Street
City/Slate/Zip .
oLEGAL DESCRIPTION OF PROPERTY SITUATED IN ❑ UNINCORPORATED COUNTY,OR 19 IN CrrY OF_Kent
Sheet Address(if property is improved):_
PIEASE SEE ATPACIIED
® Is This Property Currently. YES NO Description of Tangible Personal Property If Included In Sale.
(Furniture, Appliances,etc.)
Classified or designated as forest land'? ❑ 9
Chapter 84.33 RCW
Classified as current use land(open space,farm ❑
and agricultural,or timber)? Chapter 84.34 RCW If exemption claimed, list WAC number and explanat)on.
Exempt from property tax as a nonprofit ❑
organizstion? Chapter 84.36 RCW WAC No. (Sec/Sub)_WAC 45R_F,]-20_(_U__
Seller's Exempt Reg.No. _ ____ - ___ Explanation-Sala by 9ov-ernment—enUt}r_(R r icipa1
Receiving special valuation as historic ❑ ® Corporation)
property'?Chapter 84.26 RCW —
Property Type: ® land only ❑ land with new building Type of Document c;t-gt„toj=y_Warranty Dped__
❑ land with previously used building ❑ land with mobile home
❑limber only ❑ building only Date of Document May 2000
Gross Sale Price S 210,000.00
�d rc
LEGAL DESCRIPTION
P Z
f�.
The southeast quarter of the northeast quarter of the northwest quarter of Section
32, Township 22 North, Range 5 East, W.M., in King County, Washington;
Except the north 315 feet; and
Except the east 33 feet thereof.
Situate in the City of Kent, County of King, State of Washington.
TOGETHER WITH an easement for ingress, egress and utilities over, across and
under the following described property:
Beginning at the southeast comer of the above described property;
Thence west along the south line thereof a distance of 162.25 feet to the TRUE
POINT OF BEGINNING of easement herein described;
Thence south 79°13'30" west a distance of 141.35 feet;
Thence northwesterly at right angles to last described line a distance of 26.9 feet
more or less to a point on said south line;
Thence east a distance of 143.89 feet more or less to the TRUE POINT OF
BEGINNING of easement herein described.
The Grantor reserves an easement for utilities over, across and under the
following described property:
The South 25.00 feet of the West 320.00 feet of the East 350.00 feet of the
Northeast quarter of the Northwest quarter of said Section 32.
.t .
' LEGAL DESCRIPTION
The southeast quarter of the northeast quarter of the northwest quarter of Section
32, Township 22 North, Range 5 East, W.M., in King County, Washington;
Except the north 315 feet; and
Except the east 33 feet thereof.
Situate in the City of Kent, County of King, State of Washington.
TOGETHER WITH an easement for ingress, egress and utilities over, across and
under the following described property:
Beginning at the southeast corner of the above described property;
Thence west along the south line thereof a distance of 162.25 feet to the TRUE
POINT OF BEGINNING of easement herein described;
Thence south 79°13'30" west a distance of 141.35 feet;
Thence northwesterly at right angles to last described line a distance of 26.9 feet
more or less to a point on said south line;
Thence east a distance of 143.89 feet more or less to the TRUE POINT OF
BEGINNING of easement herein described.
The Grantor reserves an easement for utilities over, across and under the
following described property:
The South 25.00 feet of the West 320.00 feet of the East 350.00 feet of the
Northeast quarter of the Northwest quarter of said Section 32.
F,$cgnw TNATRiTmoNS
y
City of Kent to Valley Communications Center
Property Address: Intersection of S 2V St and 1W Ave S
Kent, Washington
TO: Warren,Barber, Dean &Fontes, P.S., Attorneys at Law:
1. PTTRCHASF. AGREEMENTS: The undersigned appoint you as escrow agent for
the closing of the above-mentioned real estate transaction in accordance with the terms and
conditions of a Purchase Agreement ("Agreement") dated November 19, 1999, between the
undersigned Seller and Purchaser, and agreement supplemental thereto dated May 15, 2000. The
Agreement, and legal description therein (including future corrections thereto) are incorporated
herein by reference. To the extent that any terms of that Agreement are inconsistent herewith, they
are amended to conform to the terms of these Escrow Instructions.
2. TNSTRITMFNTS: The undersigned deposits with you the amounts necessary to
close as set forth in the attached Real Estate Transaction Closing Statements ('Closing Statement"),
together with necessary conveyancing and security instruments, which funds and instruments you
are authorized to use when all parties have approved these instructions, and you hold for the
account of the Purchaser the appropriate conveyancing instrument, and for the account of the Seller
the appropriate promissory notes and/or security instruments and funds, all as set forth in the
Agreement. From the sums deposited by the parties, you are authorized to deduct the charges as set
forth in the attached Closing Statements.
3, TTTT F MST TR ANCF:
3.1 General Information: The undersigned acknowledge that they understand that there
are several different types of policies of title insurance, all of which can be issued with various
endorsements which expand, explain or modify the policy coverage or insure against special risks.
The two major types of coverage are Standard Coverage Policy and Extended Coverage Policy.
The undersigned have heretofore agreed that the Seller will provide an Extended Coverage
Policy at the expense of the Seller. The undersigned confirm that agreement. If the undersigned
desire to modify their prior agreement with respect to the type of title insurance policy, we will
notify you in writing of the change so that the proper title insurance coverage can be secured.
ESCROW INSTRUCTIONS - 1
3.2 Owner's Policy. You are instructed to, on behalf of the Seller, order from Pacific
Northwest Title Insurance Company, a preliminary commitment for an Owner's extended form
policy of title insurance in the face amount of Two Hundred Ten Thousand Dollars and No Cents
($210,000.00).
3.3 Reliance. You are entitled to rely upon the preliminary commitment, and have no
obligation to make any independent search of public records, or inquiry of any persons, including
the Seller, Purchaser and Broker.
4. F_SC'ROW T RF; Your escrow fee in the total sum of Eight Hundred Eighty Dollars
' and No Cents ($880.00) is intended as compensation for the ordinary services as contemplated by
or-
these instructions. In the event that the conditions of this escrow are not promptly fulfilled or that
you render any service not provided for in these instructions, or in the event there shall be an
' assignment of the interest of any party to these instructions or any modification in these
' instructions, you shall be reasonably compensated for such extraordinary services and reimbursed
for all costs and expenses occasioned by such action.
5. RF.PRF.SFNTATTn : Seller is aware that Warren, Barber, Dean & Fontes, P.S.,
Attorneys at Law, are acting as the attorneys for the Purchaser. Seller waives any potential conflict
of interest that may arise by reason of that relationship. Seller is represented by the City of Kent
Attorney's Office.
6. LTNITTATTONS: YOU ARE TO HAVE NO LIABILITY OR RESPONSIBILITY
WITH RESPECT TO ANY MATTERS CONNECTED WITH THE FOLLOWING:
(a) Heating oil in tank, water, Metro and other utility charges which will be adjusted
between the Seller and Purchaser outside of this escrow.
(b) Requirements of the Consumer Protection Act, Truth In Lending Act, the Real
Estate Settlement Procedures Act, Inter-State Land Sales Act, and any similar laws
and regulations.
(c) Personal property, or encumbrances thereon, including personal property taxes,
matters relating to the Bulk Sales Act, sales taxes and instruments filed under the
Uniform Commercial Code, which matters will be adjusted between the Seller and
Purchaser outside of this escrow.
(d) Forgeries or false personations of any person or party in connection with these
instructions or this escrow generally.
(e) Assessments, utility connection and any other charges which are not of record and
disclosed in the preliminary commitment for title insurance, including omit taxes
which may appear on future tax statements. Seller warrants to you and to the
Purchaser that there are no recently completed, pending, or announced local
ESCROW INSTRUCTIONS -2
v,
y.,
improvements for streets, underground wiring, water, sewer, etc., chargeable or to
become chargeable to the property. All such matters shall be adjusted between
Seller and Purchaser outside of this escrow.
(f) The accuracy or correctness of any representations or provisions in the Agreement,
or otherwise made by the parties or Broker.
(g) Insurance on the property.
" (1) Purchaser understands and acknowledges that it is Purchaser's responsibility
to provide for fire and casualty insurance upon the premises commencing as
of or prior to the closing date in order to protect Purchaser's interest in the
property.
(2) In the event that Seller is financing any portion of the purchase price,
Purchaser agrees, on or before the closing date, to acquire and pay at least
the first year's premium on a new fire and casualty insurance policy with
extended coverage in an amount not less than the value of the improvements
on the property, or as set forth in the Agreement. The policy shall, to the
extent that there is any balance owed them, name the Seller and any other
holders of security against the property as loss payees. Purchaser agrees to
immediately deliver to Seller a copy of the policy.
(3) Seller will maintain any present insurance on the property until closing, and
will be free to thereupon cancel the same and retain any refund of unearned
premium.
(h) Rental or lease arrangements concerning the property, including accounting or pro-
ration of rentals or transfer or accounting of tenant deposits.
(i) The parties understand that you have not inspected the subject property and have no
knowledge regarding;
(1) The condition of the real property;
(2) Whether or not any items of personal property referred to in the Agreement,
if any, remain on the property or will remain on the property on delivery of
possession to Purchaser; or
(3) The presence on the real property, or in any improvements located thereon,
of any asbestos-containing materials, polychlorinated biphenyls ("PCBs"),
fuel and/or chemical storage tanks, drums and/or pipelines, liquid or solid
wastes, pesticides, herbicides and/or other agricultural chemicals, or other
substances or materials defined or designated as hazardous or toxic wastes,
hazardous or toxic materials, a hazardous, toxic or radioactive substance, or
ESCROW INSTRUCTIONS - 3
other similar term, by any federal, state or local environmental statute,
regulation, or ordinance, presently in effect, which materials are collectively
referred to herein as "hazardous substances". The parties have specifically
declined to secure a pre-acquisition assessment of the property to ascertain
whether any hazardous substances are present on the property, or on any
adjacent or nearby property. The Purchaser acknowledges that they
understand that they may be held liable for the cost of cleanup or other
remediation of any hazardous substances which may be hereafter discovered
to be present on the property, together with costs of response by
environmental agencies, and other damages to the environment, in the event
that the Purchaser fails to make due and diligent inquiry into the
environmental condition of the property prior to acquisition thereof.
(j) You shall not be responsible for the transfer of possession of the real and personal
property from Seller to Purchaser. All arrangements concerning such transfer shall
be made directly between such parties.
(k) You shall have no obligation or responsibility to check on, verify or obtain any
information with respect to determining (or if any information is so obtained, you
shall have no liability with respect to determining):
(1) Whether or not any Note and/or Mortgage, Deed of Trust, or Real Estate
Contract against the property permits the holder to raise the interest rate
and/or declare the entire balance due in the event of sale, or requires consent
to sale of the property.
(2) Any balance owed by Seller on Lienable Condominium or Homeowner's
Association dues or charges.
Seller warrants to Buyer that all Condominium or Homeowner's Association dues or
charges are paid current. You have advised us to have this information reviewed by
our own attorney.
(1) Encroachments or questions of location, boundary and area, which an accurate
survey may disclose. Each party specifically declines to obtain a survey of the
premises which would disclose any such matters.
(m) Public or private easements, streets, roads, alleys or highways, unless disclosed of
record by recorded plat or conveyance, or decree of a court of record.
(n) Exceptions and reservations in United States Patents.
(o) Rights or claims of persons in possession, or claiming to be in possession, not
disclosed by the public records.
ESCROW INSTRUCTIONS-4
1
{yf
_ : . (p) Material or labor liens, or liens under the Workmen's Compensation Act not
disclosed by the public records.
(q) Water rights or matters relating thereto.
(r) Any service, in or construction charges for sewer, water, electricity, or
garbage removal.
4
(s) General taxes not now payable; matters relating to special assessments and special
a levies, if any, preceding the same becoming a lien.
(t) Right of use, control or regulation by the United States of America, in the exercise
of powers over navigation.
(u) Any prohibition or limitation on the use, occupancy or improvement of the land
resulting from the rights of the public or riparian owners to use any waters which
may cover the land.
(v) Zoning (present or potential) of the property, and the legality or propriety of the
Purchaser's proposed use of the property under existing land use codes.
7. MT.SCRT T ANFOITS;
7.1 These instruments are complete, and there are no oral or other agreements which
modify or affect the same. Any future amendments or supplements to these instructions must be in
writing, and delivered to you, before they shall be effective.
7.2 All notices and correspondence may be mailed or delivered to the parties at the
addresses shown below. You shall have no liability for any loss or delay involved in mailing any
instruments or monies.
7.3 The term "closing" is susceptible to several meanings. Generally, it means the time
at which the Seller delivers title to the Purchaser in exchange for the purchase price. Normally,
closing does not occur when the parties execute the legal documents at the closing agent's office or
when the Purchaser delivers all or part of the purchase price to the closing agent but may be
delayed several days until the documents and funds have been processed.
g. TERMINATION: If you are unable to comply with these instructions, or are, in
your sole opinion, unable or unwilling to close this sale in the manner provided in the Agreement,
then you will so notify the Seller and Purchaser in writing. If neither parry has filed any objection
within ten (10) days after receipt of such notice, then you are instructed to return all instruments and
monies to the party who signed the same or paid the money to you. Thereupon, you are, without
the necessity of further concurrence or instruments from either of the parties, released from all
liability in respect to this escrow. If within said ten (10) days, either of the parties objects to the
return of the instruments or monies, or transfer to another closing agent, you are authorized, in your
ESCROW INSTRUCTIONS -5
r
Y1. N�„,�4„ t
discretion, to either hold the same until agreement is reached, or to interplead the same with the
Superior Court, at the expense of the parties. Any monies returned to the parties shall be less any
expenditures which you have made on their behalf prior thereto, including, but not limited to, any
title insurance cancellation fee and your full escrow fee.
9. CLOSINC. STATFMFNT: The attached closing statement has been reviewed and
is approved by the parties.
Dated:
Seller: Purchaser:
CITY OF KENT VALLEY COMMUNICATIONS CENTER
By
Mayor?� ischer, Director
APPROVED AS TO FORM: r�
Tom Brubaker
Assistant City Attorney
Contact Address: Contact Address:
ESCROW INSTRUCTIONS-6
c .r
FSTTMATF.D SFT T FR'S REAL FSTATF TRANSACTION C'T OSING .STATEMENT
City of Kent to Valley Communications Center
Property Address: Intersection of S 270 St and 1W Ave S
Kent,Washington
Closing Date: May 18, 2000
h
,..DESCRIPTION CHARGES,::: - CREDTTS'" m
Sales Price 210,000.00
Current Real Estate Taxes 3.10
Pro-rated as of May 18, 2000,
k;
Title Insurance Premium inc. Sales Tax(less work charge 842.74
initially billed and paid)
Recording/Reconveyance Fees (est.) 10.73
Escrow Fee (one-half) 440.00
-a;
Check to Seller: $ 208,709.63 208,709.63
Extended Totals 210,000.00 210,000.00 `
X:�.Q V?
ESCROW INSTRUCTIONS -7
_F
ESTIMATED PTTRC HASFR'S RFAT ESTATE TRANSACTION ANSAC TT(1N( T nSTNCi STATEMENT
City of Kent to Valley Communications Center
Property Address: Intersection of S 274"St and 1W Ave S
Kent, Washington
Closing Date: May 18, 2000
AESCRIPTIOI�G CHARGES CREDITS
Sales Price 210,000.00
Current Real Estate Taxes 3.10
Pro-rated as of May 18, 2000.
Recording/Reconveyance Fees (est.) 10.73
Escrow Fee (one-half) 440.00
Check from Purchaser to Close: $210,453.83 210,453.83
Extended Totals 210,453.83 210,453.83
ESCROW INSTRUCTIONS-8
.
PAYOR'S REQUEST FOR TAXPAYER IDENTIFICATION NUMBER
ESCROW NO. 9372.002 DATE OF CLOSING: May_, 2000
Property Legal: The southeast quarter of the northeast quarter of the northwest
quarter of Section 32, Township 22 North, Range 5 East, W.M., in
King County, Washington;
Except the north 315 feet;
Except the east 33 feet thereof.
Situate in the City of Kent, County of King, State of Washington.
Are you selling or refinancing the above property?
Selling_X_ Refinancing
Is this property your primary residence?
Yes No X
Are you a United States Citizen?
Yes_X_ No
SELLER/REFINANCING INFORMATION: PLO
City of Kent
C/O
(Street Address)
(City, State, ZIP)
(Phone No.)
(Social Security No. or Taxpayer ID)
CERTIFICATION: Under the penalties of perjury, I certify that the information provided above
is true, correct and complete.
'6'
Mayord rite 440 TF09
Date: , —h)n