HomeMy WebLinkAboutCAG2000-0387 - Original - Lawrence and Ann Dona Family Trust - Purchase of Property at 412 & 422 W. Titus Steet, Kent - 08/23/2000 REAL ESTATE PURCHASE AND SALE AGREEMENT
WITH EARNEST MONEY PROVISION
This contract controls the terms of the sale of real property.
(Please read carefully before signing.)
This Agreement is entered between the CITY OF KENT, a Washington municipal
corporation, whose mailing address is 220 4th Ave. South,Kent, Washington 98032, ("BUYER"),
and the LAWRENCE AND ANN DONA FAMILY TRUST,whose mailing address is 26927—
102"d Avenue S. E.,Kent, Washington 98031-7676 ("SELLER"), for the sale and purchase of real
property as follows:
1. PROPERTY. The property, including all improvements and appurtenances situated
thereon, which Buyer agrees to buy and Seller agrees to sell, is commonly known to be Dona
Property at 412 and 422 W. Titus Street,Kent, Washington 98032 approximately 12,100 square feet
(the "Property"), and which Property is legally described in Exhibit A, attached hereto and
incorporated herein by this reference. A map indicating the location of the Property is also attached
as Exhibit B, incorporated herein by this reference.
2. EARNEST MONEY. Received from the Buyer,Twenty-Five Thousand Dollars and
No/100 ($25,000.00) in the form of a Purchase Order as earnest money and part payment on the
purchase price of the following described real estate.
3. PURCHASE PRICE. The total purchase price for the Property is Three Hundred
Eighty-Five Thousand Dollars and No/100 ($385,000.00), including earnest money, payable on
closing.
4. CONTINGENCIES. This agreement is contingent upon:
(a) Acceptance of its terms by the Kent City Council.
(b) Buyer's review and approval of the title report on the property prior to
Closing.
(c) Buyer's review and approval of Seller's information contained in the REAL
PROPERTY TRANSFER DISCLOSURE STATEMENT, ("Statement") as
set forth in Exhibit C.
The"Statement"shall be completed by the Seller within thirty(30) days from
the date of mutual acceptance of the Agreement.
Contracts/Purchase&Sale Agreement 1 of 7 08/04/00
Dona Family Trust
(d) A Feasibility Study as follows:
(1) Buyer shall have forty-five (45) days from the date of mutual
acceptance of this Agreement to determine, in Buyer's sole and
absolute discretion, if the Real Property is feasible for investment
and/or development by Buyer.
(2) Buyer's feasibility study may include (but is not limited to) a Phase I
and/or Phase 11 environmental assessment, utilities availability and
capacity, access availability, zoning, preliminary architectural and
engineering studies, marketing feasibility. In the event of discovery
of an environmental condition on the property,prior to closing, either
Seller or Buyer may, at their sole option, terminate this agreement.
(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 H environmental assessment may be conducted which generally
will consist of on-site sampling, including the digging or boring of
test holes for soil samples. If the Buyer elects, at its sole discretion,
to conduct a Phase 11 environmental assessment, the feasibility study
period will be extended for an additional forty-five(45) days unless
otherwise agreed. BY EXECUTING THIS AGREEMENT, SELLER
HEREBY AUTHORIZES BUYER A RIGHT OF ENTRY TO THE
PROPERTY FOR THE PURPOSE OF CONDUCTING THIS
FEASIBILITY STUDY INCLUDING A PHASE 1, AND IF
NECESSARY, A PHASE H ENVIRONMENTAL ASSESSMENT.
SELLER WILL BE NOTIFIED IF A PHASE Il ENVIRONMENTAL
ASSESSMENT IS TO BE CONDUCTED.
Contracts/Purchase&Sale Agreement 2 of 7 08/04/00
Dona Family Trust
(4) Buyer agrees to conduct its feasibility study at its sole cost and
expense; and if Buyer does not remove the feasibility contingency on
or before the expiration of the feasibility period, then Buyer also
agrees, if requested by Seller, to deliver to Seller copies of all
information and documentation obtained by Buyer in connection with
its feasibility study.
(5) If Buyer fails to notify Seller of rejection of the Real Property as a
result of the feasibility study, in writing, on or before the expiration
of the feasibility period, then this contingency shall be deemed
removed. If Buyer does notify Seller of its rejection of the property
in writing within said period,then this Agreement shall be terminated
and neither Buyer nor Seller shall have any further rights, duties or
obligations hereunder, except that the Earnest Money held in Great
American Escrow,by Buyer to Seller shall be immediately returned
to Buyer. Buyer agrees to return the Real Property to its original state u
(i.e., fill all boring holes, etc.). ovw 1
rer�
Should any of the contingencies set forth above not be me prior to closing,then this Agreement shall h
terminate, except neither Buyer nor Seller shall have any further rights, duties, or obligations
hereunder, except that the Earnest Money held in Great American Escrow by Buyer to Seller shall
be immediately returned to Buyer, except that Buyer shall remain obligated to return the property
to its original condition and remain liable for any property damage arising out of or in connection
with Buyer or Buyer's agent's act or omissions in conducting the environmental study.
5. CONVEYANCE AND CONDITION OF TITLE. The title to the real property
shall be conveyed by Seller to Buyer at closing by Statutory Warranty Deed, free and clear of all
liens, encumbrances or defects except those described in Paragraph 6 below.
6. TITLE INSURANCE. At Closing, Seller shall cause Pacific Northwest Title, 1201
Third Avenue, Suite 3800 Seattle, Washington 98101-3055, to issue an extension form owner's
policy of title insurance to Buyer in an amount equal to the total purchase price of the Real Property,
and insuring the real Property be discharged by Seller shall be paid from Seller's funds at Closing.
For purposes of this Agreement,the following shall not be deemed encumbrances or defects: rights
Contracts/Purchase&Sale Agreement 3 of 7 08/04/00
Dona Family Trust
reserved and federal patents or state deeds; building or use restrictions consistent with current
zoning, and utility and road easements of record. If title cannot be made so insurable prior to the
Closing date called for herein, unless, Buyer elects to waive such defects or encumbrances, this
agreement shall terminate.
7. CLOSING COSTS AND PRO-RATIONS. The cost of escrow shall be shared
equally between Buyer and Seller, except those fees that are expressly limited by Federal Regulation.
Seller shall pay for all applicable excise tax and revenue stamps. Taxes for the current year, rents,
interest,Association, Condominium and/or Homeowner's fees,water and other utility charges,if any,
shall be pro-rated as of date of closing unless otherwise agreed.
8. CLOSING OF THE SALE. WITH THE UNDERSTANDING THAT TIME IS OF
THE ESSENCE FOR THIS AGREEMENT, this sale shall be closed by October 20, 2000, which
shall also be the termination date of this agreement unless said closing date is extended in writing
by mutual agreement of the parties. When notified,the Buyer and Seller will deposit,without delay,
in escrow with Great American Escrow, 1814 South 320 Place, Suite A,Federal Way, Washington
98003, all instruments and monies required to complete the transaction in accordance with this
agreement. Closing, for the purpose of this agreement, is defined as the date that all documents are
executed and the sale proceeds are available for disbursement to the Seller.
9. CASUALTY LOSS. If prior to closing, improvements on said premises shall be
destroyed or materially damaged by fire or other casualty, this agreement, at option of the Buyer,
shall become null and void.
10. POSSESSION. Buyer shall be entitled to possession on closing.
11. SELLER'S REPRESENTATIONS. Seller represents:
(a) that he/she will maintain the property and yard in present or better condition
until time of agreed possession,
(b) that he/she has no knowledge or notice from any governmental agency of any
violation of laws relating to the subject property
except:
(c) that the property is not encumbered by any leases.
Contracts/Purchase&Sale Agreement 4 of 7 08/04/00
Dona Family Trust
12. SELLER'S ENVIRONMENTAL REPRESENTATIONS. Seller represents that
to the best of his/her knowledge that he/she is not aware of the existence of,or has caused or allowed
to be caused, any environmental condition arising or occurring during Seller's ownership of the
Property(including, without limitation, a spill, discharge or contamination). This provision shall
survive closing.
13. DEFAULT AND ATTORNEY'S FEES.
(a) Buyer's Default. IF BUYER DEFAULTS HEREUNDER, SELLER'S SOLE
REMEDY SHALL BE LIMITED TO DAMAGES AGAINST PURCHASE
IN THE LIQUIDATED AMOUNT OF THE EARNEST MONEY
PREVIOUSLY PAID THE BUYER. BUYER AND SELLER INTEND
THAT SAID AMOUNT CONSTITUTES LIQUIDATED DAMAGES: AND
SO AS TO AVOID OTHER COSTS AND EXPENSES TO EITHER
PARTY IN CONNECTION WITH POTENTIAL LITIGATION ON
ACCOUNT OF BUYERS'DEFAULT. BUYER AND SELLER BELIEVE
SAID AMOUNT TO BE A FAIR ESTIMATE OF ACTUAL DAMAGES.
(b) Seller's Default. IF SELLER DEFAULTS HEREUNDER,BUYER SHALL
HAVE ALL THE RIGHTS AND REMEDIES AVAILABLE AT LAW OR
IN EQUITY.
(c) Attorney's Fees and Costs. In the event of litigation to enforce any of the
terms or provisions herein, each party shall pay all its own costs and
attorney's fees.
14. NOTICE TO SELLER. This form contains provisions for an agreement for the
purchase and sale of real estate. The Buyer makes NO WARRANTY OR REPRESENTATION OF
ANY KIND that this form, or any of its provisions, is intended to meet the factual and legal
requirements of a particular transaction, or that it accurately reflects that laws of the State of
Washington at the time you enter the agreement. THIS AGREEMENT HAS SIGNIFICANT
LEGAL AND FINANCIAL CONSEQUENCES AND YOU ARE ADVISED TO SEEK
Contracts/Purchase & Sale Agreement 5 of 7 08/04/00
Dona Family Trust
INDEPENDENT LEGAL AND FINANCIAL COUNSEL REGARDING THESE
CONSEQUENCES. If you do not understand the effect of any part, consult your Attorney before
signing.
15. NON-MERGER The terms,conditions, and provisions of this Agreement shall not
be deemed merged into the deed,and shall survive the Closing and continue in full force and effect.
16. NOTICES. All notices required or permitted to be given hereunder shall be in
writing and shall be sent U.S. certified mail, return receipt requested, or by facsimile transmission
addressed as set forth below:
(a) All notices to be given to Buyer shall be addressed as follows:
John Hodgson,Director
Kent Parks,Recreation& Community Services
220 4th Avenue South
Kent, Washington 98032-5895
Phone (253) 856-5100, FAX (253) 856-6050
(b) All notices to be given to Seller shall be addressed as follows:
Lawrence E. and Ann E. Dona Family Trust
�"j 4 rl'
Either party hereto may,by written notice to the other, designate such other address for the
giving of notices as being necessary. All notices shall be deemed given on the day such notice is
personally served, or on the date of the facsimile transmission,or on the third day following the day
such notice is mailed in accordance with this paragraph.
17. ENTIRE AGREEMENT. This agreement, including all incorporated exhibits,
constitutes the full understanding between seller and buyer. There have been no verbal or other
agreements that modify this agreement.
18. BINDING EFFECT AND SURVIVAL. This Agreement shall be binding upon
parties hereto and their respective heirs, successors and assigns; and the terms, conditions and
provisions of this Agreement shall survive the closing of this transaction.
Contracts/Purchase&Sale Agreement 6 of 7 08/04/00
Dona Family Trust
19. DATE OF MUTUAL ACCEPTANCE. For the purposes of this Agreement, the
date of mutual acceptance of this Agreement shall be the last date on which the parties to this
Agreement have executed this Agreement as indicated below.
20. EXPIRATION OF OFFER Buyer shall have only until 5:00 p.m. on August 15,
2000, to accept the purchase and sale agreement as written, by delivering a signed copy thereof to
the Buyer or the Buyer's agent. If Seller does not so deliver a signed copy within said period, this
agreement shall lapse and all right of the parties hereunder shall terminate.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the date set
forth below.
BUYER: SELLERS:
THE CITY OF KENT LAW
A NC E. AND ANN�DONA
By: 0By:
Its: 4May'or Its
Dated: 6-L O 0 Dated:
By: c� 1
Its: y.
Dated:
APPROVED AS TO FORM: ATTEST:
K City Attorney Kent City Clerk
PACT FILES%OPenFIW0487%DonaFamiyTnnbREPSA.dm
Contracts/Purchase&Sale Agreement 7 of 7 08/04/00
Dona Family Trust
Exhibit A
Order No. 406346
A. L. T. A. COMMITMENT
SCHEDULE A
Page 2
Legal Description
The land referred to in this commitment is situated in the county of King, State of
Washing, and described as follows:
Parcel A:
Parcel # 982570-0775-02 (422 W. Titus Street)
Lot 7, Block 12, Yesler's First Addition to the Town of Kent, according to the plat
thereof recorded in Volume 5 of Plats, page 64, in King County, Washington.
Parcel B:
Parcel # 982570-0766-03 (412 W. Titus Street)
The west 68 feet of the north 5 feet of Lot 5 and the west 68 feet of Lot 6 in Block
12, Yesler's First Addition to the Town of Kent, according to the plat thereof
recorded in Volume 5 of Plats, page 64, in King County, Washington.
NOTE FOR INFORMATIONAL PURPOSES ONLY:
The following may be used as an abbreviated legal description on the documents to be
recorded, per amended RCW 65.04. Said abbreviated legal description is not a
substitute for a complete legal description within the body of the document.
Ptn. Lots 5-6, all of Lot7, Block 12, Yesler's First Add. To Town of Kent, Vol. 5,
pg. 64
t
Exhibit B
T
E N
7 6 7 off' I oZ�16 7
iO_ 130 4.00—
33 GG 128 -r164
8 5lea B � ti
a , 9 4 , 1 �0 4 - = 9
NI'S Q
$ �g
y r 10 3 = z : 10 U� c 49 3 ' IC
Vo
I.. z
° ° o
M
1 i 55 o
9 i
eri $ 12 �� 1 v ni v l2 � q� °1� I � a,12
Izs 1ze tea Ire
tie YESLE � ` SSAAR �F�IRST
�oilrra rca ¢ TIM
Kira rte rz80
I aZ� • r1i�° 6 R hM P119 5 v 8 6
n ;.�\ �. ..;� lid t. . `� . . . . InI. . �. - - - � . 2020
ML
:v v: w -g g `E��` t,�i 7�7°�° 3 'a8
lzs
Snob+ WILLIS ST. .. . .. .. . P�'i3-s.�.is
R
/ w M. /Zo A (►G ��
PACIFIC NORTHWEST TITLE CompANY N
Order No. 1-Z/?l• .71 i-/s~ _
IMPORTANT: -This is not a Plat of Survey. It is furnished as a conver.,:•ice to locate
the land indicated hereon with reference to streets and ether land. ;,: .iabdity is
assumed by reason of reliance hereon.
Sep-01 -00 12 : 19P Llewellyn Real Estate 2538521899 P . 02
f `,�
t Exhibit C
NWMLS Form NO.17 0Ccpyril ISSE
W A.R.Form No.0.5 Nortlmest Multiple Listing Service
Rev.T(96
REAL PROPERTY TRANSFER DISCLOSURESTATEMENTt ALL RIGHTS RESERVED
Page 1 OF Pages
t To be used in transfers of residential real property, including multi-family dwellings up m four units; new construction; condominiums not 1
subject to a public offering statement,and certain timeshares. See RCW 64.06 for further explanations. 2
INSTRUCTIONS TO THE SELLER 3
Please complete the following form. Do not leave any spaces blank. If the question clil does not apply to the property write"NA". If the 4
answer is"yes"to any asterisked(')iterl please explain on attached sheets. Please refer to t::e line number(s)of the question(s)when you 5
provide your explanation(s). For your protection you must date and initial each page of this disclosure statement and each attachment. Delivery 6
of the disclosure statement must occur not later than five (5) business days, unless otherwise agreed, after mutual acceptance of a written 7
purchase and sale agreement between Buyer and Seller. 8
NOTICE TO THE BUYER 9
THE FOLLOWING DISCLOSURES ARE MADE BY THE SELLER(S),CONCERNING THE CONDITION OF THE PROPERTY LOCATED AT 10
412 W Titus Street
, 11
CITY Kent ,COLNTY Kink ("THEE PROPERTY") OR AS LEGALLY DE- 12
SCRIBED ON THE ATTACHED EAHIBITA. DISCLOSURES CONTAINED IN THIS FORM ARE PROVIDED BY THE:SHLLER ON THE BASIS OF 13
SELLER'S ACTUAL KNOWLEDGE OF THE PROP ERTY AT THE TIMETHIS DISCLOSURE FORM 15 COMPLETED BYTHE SELLER, YOUHAVE 14
THREE(3) BUSINESS DAYS (UNLESS BUYER AND SELLER AGREE OTHERWISE) FROM THE SELLER'S DELIVERY OF THIS SELLER'S 15
DISCLOSURE STATEMENT TO RESCIND YOUR AGREEMENT BY DELIVERING YOUR SEPARATE SIGNED WRITTIiN STATEMENT OF 16
RESCISSION TO THE SELLER,UNLESS YOU W'AI VETHIS RIGHT AT OR PRIOR TO ENTERING INTO A PURCHASE AND SALE AGREEMENT. 17
THE FOLLOWING ARE DISCLOSURES MADE BY THE SELLER AND ARE NOT THE REPRESENTATIONS OF ANY REAL ESTATE LIC- 18
ENSEE OR OTHER PARTY, THIS INFORMATION IS FOR DISCLOSURE ONLY AND IS NOT I\"ENDED TO BE A PART OF ANY WRITTEN 19
ACREEMENT BETWEEN THE BUYER AND THE SELLER, 20
FOR A MORE COMPREHENSIVE EXAMINATION OF THE SPECIFIC CONDITION OF THIS PROPERTY YOU ARE ADVISED TO OBTAIN 21
AND PAY FOR THE SEPV[CrS OF A QUALIFIED SPECIALISTTO INSPFCTTHF.PROPERTY ON YOUR BEHALF,FOR EXAMPLE,ARCHI- 22
TECTS, ENGINEERS, LAND SURVEYORS, PLUMBERS, ELECTRICIANS, ROOFERS, BUILCiNG INSPECTORS,Olt PEST AND DRY RUT 23
INSPECTORS, THE PROSPECTIVE BUYER AND THE OWNER MAY WISH TO OBTAIN PROFESSIONAL ADVICE OR INSPECTIONS OF 24
THE PROPERTY AND TO PROVIDE FOR.APPROPRIATE PROVISIONS IN A CONTRACT BETWF;EN THEM WITH RESPECT TO ANY AD- 25
VICE,INSPECTION,DEFECTS OR WARRANTIES. 26
Seller❑is/As not occupying the property. 27
1. SELLER'S DISCLOSURES: 28
* If you answer"Ycs••Iva question with an asterisk(e),then attach a copy or explain. If necessary,use an attached sheet. 29
1. TITLE YES NO DON'T 30
KNOW 31
A. Do you have legal authority to sell the property? U ❑ 32
'B, Is title to the property subject to any of the following? 33
(1) First right of refusal U I;*- U 34
(2) Option O ,I$_ U 35
(3) Lease or rental agreement ❑ 36
(4) Life estate O j ❑ 37
•C. Are there any encroachments,boundary agreements,or boundary disputes? ❑ ¢7N ❑ 36
'D. Are there any rights of way,easements,or access limitations that may affect the ❑ CJ �L, 39
owner's use of the property? 40
'E. Are there any written agreements forjoint maintenance of an casement or right of way? ❑ ❑ 41
OF. Is there any study,survey project,or notice that would adversely affect the properly? U ❑ 42
*G. Arc there any pending or existing assessments against the property? ❑ O 43
•H. Arc there any zoning violations,nonconforming uses,or any unusual restrictions on the U U 44
subject property that would affect future construction or remodeling? 45
SELLER'S INITIAL: �'C� DATE: U �U vV 1 SELLER'S INITIAL: at '� DATE: r'10 • Ol
Sep-01 -00 12 : 22P Llewellyn Real Estate 2538521899 P . 08
NWNLS Forth No.17 0CopvMAntlM
W.A.R.Farm No.0-5 Northwest Wltiye Listing Service
Rev. 716 ALL PIGKrS RESERVED
Pepe 2 of S Peg"
YES NO DON'T 47
KNOW 48
*I. Is there a boundary survey for the property? O ❑ 49
*J. Arc there any covenants,conditions,or restrictions which affect the property? LJ O 50
2, WATER 51
A. Household Water 52
(1) The source of the water is�ublic CICommunity ❑Private ❑Shared 53
(2) Water source information; 54
*a. Arc there any written agreements for shared water source? ❑ O 55
*b. Is there an casement(recorded or unrecorded)for access to and/or maintenance of ❑ QJ O 56
the water source? 57
*c. Are any known problems or repairs needed? 0 l ❑ 58
*d. Does the source provide an adequate year round supply of potable water? ts. U ❑ 59
*(3) Are there any water treatment systems for the property? O Leased O Owned U 5 ❑ 60
B. Irrigation 61
(1) Are there any water rights for the property? U ❑ 62
*(2)If they exist,to your knowledge,have the water rights been used during the last U U CI63
five-year period? 64
*(3)If so,is the certificate available? ❑ U ❑ 65
C. Outdoor Sprinkler System 66
(1) Is there an outdoor sprinkler system for the property? O ,18, U 67
*(2) Are there any defects in the outdoor sprinkler system? ❑ U ❑ 68
3. SEWERlSEPT1C TANK SYSTEM 69
A. The property is served by: 70
Public sewer main U Septic tank system ❑Other disposal system 71
(describe) 72
B. If the property is served by a public or community sewer main,is the house connected ❑ ❑ 73
to the main? 74
C, Is the property currently subject to a sewer capacity charge? ❑ ' U 75
D If the property is connected to a septic tank system: 76
(1)Was a permit issued for its construction,and was it approved by the city or county U O ❑ 77
following its construction? 78
(2) When was it last pumped? 19 79
*(3)Are there any defects in the operation of the septic tank system? ❑ ❑ ❑ 80
(4) When was it last inspected? 19 ❑ 81
By whom: 82
(5) flow many bedrooms was the septic tank system approved for? bedrooms O 83
*E. Are any plumbing fixtures, including laundry drain,not connected to the septic tank/sewer ❑ ❑ 84
system? 85
If not explain: 86
*F. Are you aware of any changes or repairs to the septic tank system? ❑ ❑ 87
G. Is the septic tank system,including the drainfleld,located entirely within the boundaries of ❑ ❑ ❑ 88
the property? 89
90
4. STRUCTURAL ,/
*A. Has the roof lcakcd? U U 91
If ycs,has it been repaired? Ll U U 82
SELLER'S INITIAL: L G ) DATE; 2 SELLER'S INITIAL: a f�— DATE; g'i J -or7 93
Sep-01 -00 12 : 22P Llewellyn Real Estate 2538521899
P . 09
r�
NWMLS Form No.17
W.A.R.Form No.0.5 tD copyright 1996
Rev. 7196 Northwest Multiple Lislinp Servcs
Pape 7 or 5 Pages ALL RIGHTS RESERVED
YES NO DON'T 94
KNOW 95
•B. Have there been any conversions,additions or remodeling? ❑ �[ ❑ 56
*(I) If yes,were all building permits obtained? ❑ 41, ❑ 97
*(2) If yes,were all final inspections obtained? ❑ U ❑ 95
C. Do you know the agc of the houc�e'? If yes,year of original ❑ ❑ ❑
construction' ^L ! R 6 O 90
100
*D. Do you know of any settling,slippage,or sliding of either the house or other structures/ U ❑ 101
improvements located on the property? If yes,explain: 102
*E. Do you know of any defects with the following (Please check applicable items) ❑ ❑ ❑ 103
❑ Foundations U Decks ❑ Exterior Walls iO4
❑ Chimneys ❑ Interior Walls ❑ Fire Alarms 10
U Doors ❑ 5
Windows ❑ Patios 10
❑ Ceilings U Slab Floors U Driveways 107
U Pools ❑ I lot Tub ❑ Sauna 10E
❑ Sidewalks ❑ Outbuildings ❑ Fireplaces 1p9
❑ Garage Floors � Ll alk�_ways, ❑/ Wood Stoves
� 11C
Other �.�,.n 11 d�41 <\��
OF. Was a pest or dry rot,structural or"whole house"inspection done?When and by ❑ ❑ 112
whom was the inspection completed, 113
114
*G. Since assuming ownership,has your property had a problem with wood destroying ❑ ❑ 115
organisms and/or have there been any problems with pest control,infestations,or vermin? 11E
5. SYSTEMS AND FIXTURES
117
If the following systems or fixtures are included with the transfer.do they have any existing t 18
defects:
119
*A. Electrical system, including wiring,switches,outlets,and service 0 12C
*B. Plumbing system, including pipes, faucets,fixtures,and toilets ❑ ❑ 1121
*C. Hot water tank p ❑ 122
*D. Garbage disposal ❑ ❑ 123
*E. Appliances
❑ ,�. ❑ 124
F. Sump pump
❑ ❑ 125
•G. Heating and cooling systems ❑ ❑ 125
H. Security system ❑ Leased O Owned U ❑ El127
"1. Other
128
6, COMMON INTEREST 129
A. Is there a Home Owners' Association? U ❑ 13C
Name of Association 131
B, Are there regular periodic assessments? U p 132
$ per U month Cl years 133
❑Other
13<
*C. Are there any pending special assessments? ❑
1sC ❑ 135
*D. Are there any shared"common areas"or any joint maintenance agreements(facilities U ❑ 13E
such as walls,fences,landscaping,pools,tennis courts,walkways,or other areas 137
co-owned in undivided interest with others)? 13E
SELLER'S INITIAL: L E DATE: 3 SELLER'S INITIAL: "25'-_ DATE: St- 3 d -20139
Sep-01 -00 12 : 23P Llewellyn Real Estate 2538521899 P , 10
NWMLS Form No.17 �CapY�9�l tam
W_A.R.Form No.n-a NorLhwasl Multiple I lating Service
Rev.T% /', ALL RIGHTS RESERVED
Pepe l or a Pages v
YES NO DON'T 14D
KNOW 141
7. GENERAL 142
.'A. Is there any settling,soil,standing water,or drainage problems on the property? U ❑ 143
OB. Does the property contain fill material? U ❑ 144
•C. Is there any material damage to the property or any of the structure from fire,wind,floods, ❑ ❑ 145
beach movements,earthquake,expansive soils,or landslides? 146
D Is the property in a designated flood plain? U ❑ 147
E. Has the local(city or county)planning agency designated your property as a U U ❑ 145
"frequently flooded area"? 149
OF. Are there any substances,materials,or products that may be an environmental hazard such U ❑ 150
as,but not limited to,asbestos,formaldehyde,radon gas,lead-based paint,fuel or chemical 151
storage tanks,and contaminated sail or water on the subject property? 152
4G. Arc there any tanks or underground storage tanks(e.g„chemical,fuel,etc.)on the 1 ❑ 153
property? 154
•H. I las the property ever been used as an illegal drug manufacturing site? U ❑ 155
8. LEAD BASED PAINT(Applicable if the house was built before 1978.) 156
A. Presence of Icad-based paint and/or lead-based paint hazards(check one below): 157
U Known lead-based paint and/or[cad-based paint hazards are present in the housing 158
(explain). 159
160
)(,Scller has no knowledge of tead-based paint and/or lead-based paint hazards in the housing. 161
B. Records and reports available to the Seller(check one below): 162
U Seller has provided the purchaser withal]available records and reports pertaining to 163
lead-based paint andicir lead-based pain:hazards in the housing (list documents below). 164
165
166
Seller has no reports or records pertaining to lead-based paint and/or Icad•based paint hazards 167
in the housing. 168
9. FULL DISCLOSURE BY SELLERS 169
A. Other conditions or defects: 170
'Are there any other material defects affecting this property or its value that a prospective ❑ ❑ 171
buyer should know about'? 172
B. Verification 173
The foregoing answers and attached explanations(if any)are complete and correct to the best of Seller's knowledge and Seller has 174
received a copy hereof. Seller agrees to defend,indemnify and hold real estate licensees harmless from and against any and all claims 175
that the above information is inaccurate. Sellet.=tborizcs real estate licensees,if any,to deliver a copy of this disclosure statement to 176
other real estate lice s and all prospective uyer of the Property. 177
Date Date: .� ZB�Z7 178
Sella: Seller: X � 179
g �U SELLER'S INITIAL: t` $'��"� 180
� �) DATE: 4 SELLER'S INITIAL: DATE:
Sep-01 -00 12 : 23P Llewellyn Real Estate 2538521899 P . 11
. l
NWMLS Form No.17 ®Copyright 1996
IN Form No.D-5 Northwest Mulepta Listing Service
Rev. 7196 ALL RIGHTS RESERVED
Page 5 or 6 Pages
11. BUYER'S ACKNOWLEDGEMENT 181
A. Buyer acknowledges the duty to pay diligent attention to any material defects which are known to Buyer or can be known to Buyer by 182
utilizing diligent attention and observation. 183
B. Buyer acknowledges and understands that the disclosures set forth in this statement and in any amendments to this statement are made 1 B4
only by the Seller and not by any real estate licensee or other party. Buyer acknowledges that,pursuant to RCW 64,06.050(2),real 185
estate licensees are not liable for inaccurate information provided by Seller,except to the extent that real est;lte licensees knely of such 186
inaccurate information. This information is for disclosure only and is not intended to be a pan of the written agreement between Buyer 187
and Seller.
188
C. Buyer(which term includes all persons signing the"Buyer's acceptance"portion of this disclosure statement below)hereby acknow- 189
ledges receipt of a copy of this disclosure statement(including attachments,if any)bearing Seller's signaatre(s). 190
D. If the house was built prior 10 1978,Buyer acknowledges receipt of the pamphlet Protect Your Family From Leud in Your Home. 191
DISCLOSURES CONTAINED IN THIS FORM ARE PROVIDED BY THE SELLER ON TI IE BASIS OF SELLER'S ACTUAL KNOW- 192
LEDGE OF THE PROPERTY.AT THE TIME OF DISCLOSURE. YOU,THE BUYER, HAVE TI IREE (3) BUSINESS DAYS(UNLESS 193
OTHERWISE AGREED) FROM THE SELLER'S DELIVERY OF THIS SELLER'S DISCLOSURE STATEMENT TO RESCIND YOUR 194
AGREEMENT BY DELIVERING YOUR SEPARATE SIGNED WRITTEN STATEMENT OF RESCISSION TO THE SELLER UNLESS 195
YOU WAIVE THIS RIGHT OF RESCISSION. 196
BUYER HEREBY ACKNOWLEDGES RECEIPT OF ACOPY OF THIS REAL PROPERTY TRANSFER DISCLOSURE STATEMENTAND 197
ACKNOWLEDGES THAT THE DISCLOSURES MADE HEREIN ARE THOSE OF THE SELLER ONLY,AND NOT OF ANY REAL ES- 198
TATE LICENSEE OR OTHER PARTY. 199
DATE: DATE: 200
BUYER: BUYER: 201
BUYER'S WAIVER OF RIGHT TO REVOKE OFFER 202
Buyer has read and reviewed the Seller's responses to this Real Property Transfer Disclosure Statement. Buyer approves this statement and 203
waives Buyer's right to revoke Buyer's offer. 204
DATE: DATE: 205
BUYER: BUYER: 206
BUYER'S WAIVER OF RIGHT TO RECEIVE COMPLETED REAL PROPERTY TRANSFER DISCLOSURE STATEMENT 207
Buyer has been advised of Buyer's right to receive a completed Real Property Transfer Disclosure Statement. Buyer waives that right. P08
DATE: DATE: 209
BUYER: BUYER: 210
If the answer is"Yes"to any asterisked(*)items,please explain below(use additional sheets if necessary). Please refer to the line number(s)of 211
the pestion(s). 212
213
214
215
216
217
218
219
220
221
SELLER'S INITIAL: �—F 1 DATE: �' �� 5 SELLER'S INITIAL; 2CZ7 DATE:�((''3D •D(�
ADDENDUM ONE TO
REAL ESTATE PURCHASE AND SALE AGREEMENT
WITH EARNEST MONEY PROVISION
This Addendum One amends the Real Estate Purchase and Sale Agreement with
Earnest Money Provision entered into between Lawrence & Ann Dona Family Trust and
City of Kent, fully executed on August 23, 2000, (hereinafter "Purchase and Sale
Agreement'). f1bcr1-"4 a
The Buyer and Seller agree that the Buyer shall deposit the full purchase pric for both
Parcel A and Parcel B, in the total amount of THREE HUNDRED -FIVE
THOUSAND AND NO/100 DOLLARS ($385,000), into an escrow account within ten (10)
days of the date of mutual acceptance of this Addendum.
Seller shall remove the Underground Storage Tank on Parcel B (hereinafter referred to
as "UST") and deliver to Buyer certification of a clean site. All costs associated with the
UST removal shall be deducted from the escrow funds deposited by Buyer. Within ten
(10) days after the removal of the UST and receipt of certification of a clean site, the sale
of Parcel B shall close, in the amount of ONE HUNDRED TEN THOUSAND AND
NO/100 DOLLARS ($110,000) less any UST removal costs.
The Buyer and Seller further agree that the feasibility period for Parcel A shall be
extended for thirty (30) days to allow Buyer to conduct a Phase 2 Environmental
Assessment to determine the presence of a leaking UST. The Buyer and Seller further
agree to extend the closing date on Parcel A to December 20, 2000, or no later then ten
(10) days after receipt of the certification of a clean site, at which time the sale of Parcel
A, in the amount of TWO HUNDRED SEVENTY-FIVE THOUSAND AND NO/100
DOLLARS ($275,000), shall close.
With the exception of the UST removal and receipt of certification of a clean site as to
Parcel B and the feasibility study extension set forth herein as to Parcel A, all other
contingencies are hereby removed. Except as amended herein, all terms and conditions
of the Purchase and Sale Agreement shall remain in full force and effect.
Seller has until 11:59 p.m. on Thursday, October 12, 2000, to accept this Addendum
One to the Real Estate Purchase and Sale Agreement, as written, by delivering a signed
copy to Buyer.
This Addendum is subject to Kent City Council approval.
IN WITNESS WHEREOF, the parties hereto have executed this Addendum on the date
set forth below.
BUYER: SELLER:
THE CITY OF KENT LAWRENCE &ANN DONA
FAMILY RUST.
By: By: u..
Jim White Print Name:<
Mayor Title: I
Date: i
Date: /� — �S'-OO Cl'ti.� v`• ,rJ�,�
Addendum One to 1 of 2 (October4, 2000)
Real Estate Purchase & Sale Agreement
Dona Family Trust Property
APPROVED AS TO FORM:
oger :Lubovich
City Attorney
IICIttH4LL\USEfl51UWIPUBLICICIWIFILESICbnFW`LiSTCmRgslybiwMuml Om EMAEx
Addendum One to 2 of 2 (October4,2000)
Real Estate Purchase & Sale Agreement
Dona Family Trust Property
T
u OMB No.2502-0265
A. U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT B. TYPE OF LOAN
SETTLEMENT STATEMENT I. ❑FHA 2. ❑FMHA 3. ❑CONV.UNINS.
4. ❑VA 5. ❑CONV.INS.
6. FILE NUMBER: 7. LOAN NUMBER:
0010029JJ
_ 8. MORTGAGE INS.CASE NO.:
C. NOTE: This form is furnished to give you a statement of actual settlement costs.Amounts paid to and by the settlement agent are shown.Items marked
"(p.o.c.)"were paid outside the closing;they are shown here for informational purposes and are not included in the totals.
D.NAFE & ADDRESS OF BORROWER: CIty OF KENT 220 4TH AVE S, ;KENT, WA 98032
E.NAVE & ADDRESS OF SELLER: LAWRENCE E. DONA and ANN E. DONA 26827 102ND SE, KENT, WA 98031
F.NAYE AND ADDRESS:OF LENDER:
G.PROPERTY LOCATION: 422 W TITUS ST, KENT, WA 98032
X.SETTLMONT'AGENT: Great'A:nerican Escrow, L.L.C.
PLACE OF SETTLEMENT: :814 South 324TH FLace Suite!A, Kederat Way, WA 98003 r (253)815-9796
I.SETTLEMENT DATE: 11/09/2000 ESTIMATED
J. Summary of Borrower's Transaction K. Summary of Seller's Transaction
1 o0. Gross Amount Due From Borrower: 400 Gross Amount Due to Seller:
101.Contract sales price 2 15, 0,^,.00 401.Contract sales pr-ce
102.Personal property 402.Personal property
103.Settlement charges to borrower:(line 1400) 14,358.7.5 403,
104. 404.
105• 405.
Adjustments For Items Paid By Seller In Advance: Adjustments For Items Paid By Seller In Advance:
106.City/fawn taxes to 06.City/town taxes to
107.County taxes to 407.County taxes to
108.Assessments to 408.Assessments to
109. 409.
110. 10•
11]. 411.
tb12. 12.
120.Gross Amount Due From Borrower: 289,35B.75 420. Gross Amount Due to Seller:
1200.Amounts Paid'By Or'In Behalf Of Borrower: 500. Reductions In Amount Due 7o Seller:
201.Deposit or earnest money 501.Excess deposit(See Instructions)
202,Principal amount of new loan(s) 502,Settlement'charges to seller(line 1400)
203.Existing loan(s)taken subject to 503.Existing loan(s)taken subject to
204.INITIAL DEPOSIT.' PAID TO 'ESCROW 275,000.00 504.Payoff of first mortgage loan
205. 505.Payoff of second mortgage loan
206. 06.
207. 507.
208 508.
209. 509.
Adjustments For Items Unpaid By Seller: Adjustments For Items Unpaid By Seller:
210.City/town taxes to 510.City/town taxes to
21.1.County taxes to 511.County taxes to
212.Assessments to 512.Assessments to
213. 513
214. 514.
215, 15.
216. 516.
217, 517.
218, 518.
219, 519.
220.Total Paid By/For 275,000.00 520. Total Reductions
Borrower: In Amount Due Seller:
300.Cash At Settlement From To Borrower: 600.'Cash At Settlement To From Seller:
301.Gross amount due from borrower(line 120) 289,358.75 601.Gross amount due to seller(line 420)
302,Less amount paid by/for borrower(line(220) 275,000.00 502.Less reductions in amount due seller(line 520)
303.Cash QROM)(F]TO)Borrower: 14,358.75 603. Cash ([:]TO)([:]FROM) Seller:
Previous Edition is Obsolete SB-4-3538-000-1
Form No..1581 HUD-1.(3-86)
3/86 Page 1 of 3 RESPA,HB 4305.2
Escrow No. : 0010029JJ
L. SETTLEMENT CHARGES
700.Total Sales/Broker's Commission $ 275,000 115 13,750.00 Paid From Paid From
Based On Price $ @ %= Borrower's Seller's
Division of Commission line 700 As Follows: Funds Funds
701: S 1.'?,"r0.00 to I,_-ewel lyn }t ial. i:sLaLe At At
702. $ to Settlement Settlement
703. Commission paid at settlement 13, 750.00
704.
800.Items Payable in Connection with Loan:
801, Loan Origination fee
802. Loan Discount %
803. Appraisal Fee to:
804. Credit Report to:
805. Lender's Inspection fee
806. Mortgage Insurance application fee to
807. Assumption fee
808.
809.
810.
811.
1900.Items Required Bv Lender To Re Paid In Advance:
901. Intefest from to @$ /tlay
902. Mortgage insurance premium for MO.to
903. Hazard Insurance premium for yrs.to
904. Flood insurance premium for yrs.to
905.
1000.Reserves Deposited With Lender:
1001. Hazard insurance months.@$ per month
1002. Mortgage insurance months @$ per month
1003. City property.taxes months @$', per month
.1004. County property taxes months @$ per month
:1005. Annual assessments months @$', per month
1006. Flood insurance months @$ per month
1007. months @$ per month
1`100.Title Char `es
.1.101. Settlement or closing fee to Great American Escrow, L.L.C. 597.30
1102, 9tAkg0CV'AIRkM Af ;ESCROW; FEE: $1, 100.00 SALES TAX:`; $ 94.60
1103. Title examination to
4104. Title';insurance binder to
1.105. Document preparation to
1.106. Notary fees to
1.107. Attorney's fees to
(includes above items Numbers: )
.1.108. Title insurance to
(includes above items Numbers: )
1.109. Lender's coverage $
11.10. Owners coverage $ 275,000.00 <Premium: 980.00 Tax: 84.28
111.1.
1,112,
1200.Government Recordingand Transfer Charges:
1201, Recording fees: Deed$ 11.45 Mortgage$ ;Releases$ 11.4
1202. City/county tax/stamps: Deed$ ;Mortgage$
1203. State'tax/stamps: Deed$J ;Mortgage$
.1204. _.
1205..
1300.Additional Settlement Char es:
.1301. Survey to
1302. Pest inspection to
1303.
1304.
1305.
1306.
1307.
1400.Total Settlement Charges (Enter on line 103, Section J-and-line 502, Section K) i4,3 58.7
Form No.1582 Page 2 of 3 SB-4-3538.000-1
Escrow No. : 0010029JJ
SELLER'S AND/OR BORROWER'S STATEMENT
SETTLEMENT DATE: 11/09/2000
The Seller's and Borrower's signatures hereon acknowledge their approval and signify their understanding that tax and insurance prorations and reserves
are based on figures for the preceding year or supplied by others or estimated for the current year,and in the event of any change for the current
year,all necessary adjustments will be made between Borrower and Seller directly. Any deficit in delinquent taxes or mortgage payoffs will be
promptly reimbursed to the Settlement Agent by the Seller.
I have carefully reviewed the HUD-1 Settlement Statement and to the best of my knowledge and belief,it is a true and accurate statement of all receipts
and disbursements made on my account or by me in this transaction.I further certify that I have received a copy of the HUD-.1 Settlement Statement.
I hereby authorize the Settlement Agent to make expenditures and disbursements as shown above and approve same for payment.
Borrowers/Purchasers Sellers
CITY OF KENT
By:�
4W"yTtW14 M/
Leona Orr, Mayor -Pro Tem
The HUDA Settlement Statement which I have prepared is a true and accurate amount of this transaction.I have caused or will cause the funds to be
disbursed in accordance with this statement.
Settlement Agent: Date:
JEAN JOHNSON, Great American Escrow, L.L.C.
WARNING: It is a crime to knowingly make false statements to the United States on this or any other similar form. Penalties upon conviction can
include a fine or imprisonment. For details see: Title 18 U.S.Code Section 1001 and Section 1010.
Page 3 of 3
GreatAmerican Escrow, L. L. C.
1814 S. 324th Place, Suite A•Federal Way,WA 98003.(253)815-9796•Tacoma(253)927-6075•Fax(253)815-9621
Escrow File No.: 0010029JJ
Title Order No.: 416092
Purchasers(s): CITY OF KENT
Seller(s): LAWRENCE E. DONA, ANN E. DONA
CLOSING AGREEMENT AND ESCROW INSTRUCTIONS
For Purchase and Sale Transaction
The undersigned buyer and seller(referred to herein as "the parties")hereby designate and appoint
Great American Escrow, L.L.C.
(referred to herein as "the closing agent") to act as their closing and escrow agent according to the following agreements
and instructions.
IT IS AGREED, AND THE CLOSING AGENT IS INSTRUCTED, AS FOLLOWS:
Terms of Sale. The terms and conditions of the transaction which is the subject of these instructions (referred to
herein as "the transaction") are set forth in the parties' Purchase and Sale Agreement, Earnest Money Agreement, or other
written agreement, and any attachments, amendments or addenda to that agreement (referred to herein as "the parties'
agreement"), which is made a part of these instructions by this reference. Any changes to the parties' agreement will be
made a part of these instructions, without further reference, when signed by the parties and delivered to the closing agent.
These instructions are not intended to amend, modify or supersede the terms and conditions of the parties' agreement and
if there is any conflict or inconsistency between these instructions and the parties' agreement, the terms and conditions of
the parties' agreement shall control.
Description of Real Property. The real property which is the subject of the transaction (referred to herein as
"the property") is identified in the parties' agreement. The documents required to close the transaction must contain the
"legal description" of the property. If the parties' agreement does not yet contain the correct legal description, the parties
or the real estate agent shall obtain an addendum setting forth the legal description as soon as possible and deliver it to the
closing agent.
Closing Date. The date on which the documents required to close the transaction are filed for record (referred to
herein as "the closing date") shall be on or before the date for closing of the transaction specified in the parties' agreement
or in an addendum extending that date.
Documents. The closing agent is instructed to select, prepare, complete, correct, receive, hold, record and
deliver documents as necessary to close the transaction. The closing agent may request that certain documents be prepared
or obtained by the parties or their attorneys, in which case the parties shall deliver the requested documents to the closing
agent before the closing date. Execution of any document will be considered approval of its form and contents by each
party signing such document.
Deposits and Disbursement of Funds. Before the closing date, each party shall deposit with the closing agent all
funds required to be paid by such party to close the transaction, less any earnest money previously deposited with the real
estate agent. The closing agent is authorized, but not required, to consider a lending institution's written commitment to
deposit funds as the equivalent of a deposit of such funds, if all conditions of the commitment will be met on or before the
closing date. All funds received by the closing agent shall be deposited in a trust account with any bank doing business in
the State of Washington and may be transferred to any other such accounts. The closing agent shall not be required to
disburse any funds deposited by check or draft until it has been advised by its bank that such check or draft has been
honored. All disbursements shall be made by the closing agent's check.
Settlement Statement. The closing agent is instructed to prepare a settlement statement showing all funds
deposited for the account of each of the parties and the proposed disbursements from such funds. No funds shall be
disbursed until the parties have examined and approved the settlement statement. Some items may be estimated, and the
final amount of each estimated item will be adjusted to the exact amount required to be paid at the time of disbursement.
The settlement statement will be subject to audit and any errors or omissions may be corrected at any time. If any
monetary error is found, the amount will be immediately paid by the party liable for,such payment to the party entitled to
receive it.
Prorations. Adjustments or pro-rations of real estate taxes, and other charges if any, shall be made on a per-diem
basis using a 365 day year, unless the closing agent is otherwise instructed.
Title Insurance. The closing agent is instructed to obtain and forward to the parties a preliminary commitment
for title insurance on the property and on any other parcel of real property that will be used to secure payment of any
obligation created in the transaction(referred to herein as "the title report"). The closing agent is authorized to rely on the
title report in the performance of its duties and shall have no responsibility or liability for any title defects or
encumbrances which are not disclosed in the title report.
Page I of 4
Verification of Existing Encumbrances. The closing agent is instructed to request a written statement from the
holder of each existing encumbrance on the property, verifying its status, terms, balance owing and, if it will not be
removed at closing, the requirements that must be met to obtain a waiver of any due-on-sale provision. The closing agent
is authorized to rely upon such written statements in the performance of its duties, without liability or responsibility for
their accuracy or completeness.
Instructions From Third Parties. If any written instructions necessary to close the transaction according to the
parties' agreement are given to the closing agent by anyone other than the parties or their attorneys, including but not
limited to lenders, such instructions are accepted and agreed to by the parties.
Disclosure of information to Third Parties. The closing agent is authorized to furnish, upon request, copies of
any closing documents, agreements or instructions concerning the transaction to the parties' attorneys, and to any real
estate agent, lender or title insurance company involved in the transaction. Other papers or documents containing
personal or'financial information concerning any party may not be released to anyone other than the party's attorney or
lender, without prior written approval.
Potential Legal Problems. If the closing agent becomes aware of any facts, circumstances or potential problems
which in the closing agent's opinion should be reviewed by any of the parties' attorneys, the closing agent is authorized, in
its sole discretion, to advise the parties of such facts, circumstances or potential problems and recommend that legal
counsel be sought.
Closing Agent's Fees and Expenses. The closing agent's fee is intended as compensation for the services set
forth in these instructions. If additional services are required to comply with any change or addition to the parties'
agreement or these instructions, or as a result of any party's assignment of interest or delay in performance, the parties
agree to pay a reasonable additional fee for such services. The parties shall also reimburse the closing agent for any out-
of-pocket costs and expenses incurred by it under these instructions. The closing agent's fees, costs and expenses shall be
due and payable on the closing date or other termination of the closing agent's duties and responsibilities under these
instructions, and shall be paid one-half by the buyer and one-half by the seller unless otherwise provided in the parties'
agreement.
Cancellation. These instructions may be canceled by a written agreement, signed by all of the parties, and
payment of the closing agent's fees, costs and expenses. Upon receipt of such agreement and payment, the closing agent
shall return any money or documents then held by it to the parties that deposited the same, and shall have no further duties
or responsibilities under these instructions.
Inability to Comply With Instructions. If the closing agent receives conflicting instructions or determines, for
any reason, that it cannot comply with these instructions by the date for closing specified in the parties' agreement or in
any written extension of that date, it shall notify the parties, request further instructions, and in its discretion: (1) continue
to perform its duties and close the transaction as soon as possible after receiving further instructions, or (2) if no
conflicting instructions have been received, return any money or documents then held by it to the parties that,deposited the
same, less any fees and expenses chargeable to such party, or (3) commence a court action, deposit the money and
documents held by it into the registry of the court, and ask the court to determine the rights of the parties. When the
money and documents have been returned to the parties or deposited into the registry of the court, the closing agent shall
have no further duties or responsibilities under these instructions.
Disputes. Should any dispute arise between the parties, or any of them, and/or any other party, concerning the
property or funds involved in the transaction, the closing agent may, in its sole discretion, hold all documents and funds in
their existing status pending resolution of the dispute, or join or commence a court action, deposit the money and
documents held by it with the court, and ask the court to determine the rights of the parties. Upon depositing said funds
and documents with the court, the closing agent shall have no further duties or responsibilities under these instructions.
The parties jointly and severally agree to pay the closing agent's costs, expenses and reasonable attorney's fees incurred in
any lawsuit arising out of or in connection with the transaction or these instructions, whether such lawsuit is instituted by
the closing agent, the parties, or any other person.
Notices. Any notice, declaration or request made under these instructions shall be in writing, signed by the party
giving such notice or making such declaration or request, and personally delivered or mailed to the closing agent and other
parties at their addresses set forth in these instructions.
Amendments. Any amendment, addition or supplement to these instructions must be in writing, signed by the
appropriate parties and delivered to the closing agent.
Counterparts. These instructions may be executed in one or more counterparts with like effect as if all signatures
appeared on one copy.
Effect. These instructions shall bind and benefit the parties, the closing agent, and their successors in interest.
Definitions. When used herein or in any amendment, addition or supplement hereto, words and phrases are
defined and are to be construed as follows:
The words "buyer" and "seller" refer to all persons and entities identified as such by their signatures on this
document,jointly and severally unless otherwise indicated, and shall be construed interchangeably with other similar terms
such as "purchaser", "vendee", "vendor", "grantee" or "grantor" as may be appropriate in the context and circumstances to
which such words apply.
The word "lender" refers to any lending institution or other party, including the seller if appropriate, that has
agreed to provide all or part of the financing for the transaction or to which the buyer has made a loan application.
The phrase "these instructions" refers to the agreements, instructions and provisions set forth in this document and
all amendments, additions and supplements to this document.
The phrase "the property" refers to the real property identified in the parties agreement, including any other parcel
of real property that will be used to secure payment of any obligation created in the transaction, and does not include any
items of personal property unless otherwise specifically stated in these instructions.
The phrase "outside of escrow" refers to any duty, obligation or other matter which is the sole responsibility of
the parties or of any party, and for which the closing agent shall have no responsibility or liability.
Page 2 of 4
In these instructions, singular and plural words, and masculine, feminine and neuter words, shall be construed
interchangeably as may be appropriate in the context and circumstances to which such words apply.
MATTERS TO BE COMPLETED BY THE BUYER AND SELLER
IMPORTANT-READ CAREFULLY
The following items must be completed by the parties, outside of escrow, and are not part of the closing
agents' duties under these instructions.
Disclosures, Inspection and Approval of the Property. Any required disclosures concerning the property,
or inspections or approvals of the property or of improvements, additions or repairs to the property will be arranged and
completed by the parties, outside of escrow. The closing agent shall have no liability with respect to the accuracy of any
disclosures made, or for the physical condition of the property, or any buildings, improvements, plumbing, heating,
cooling, electrical, septic or other systems on the property, and no responsibility to inspect the property, or to otherwise
determine or disclose its physical condition, or to determine whether any required disclosures have been made, or whether
any required improvements, additions or repairs have been satisfactorily completed.
Personal Property. Any required inspections, approvals or transfers of possession of any owned or leased
fixtures, equipment or other items of personal property included in the transaction, and payment of any personal property,
sales or use taxes, will be completed by the parties outside of escrow. Unless otherwise instructed, the closing agent shall
have no responsibility with respect to such personal property and shall not be required to determine the status or condition
of the title to, encumbrances upon, ownership, or physical condition of such personal property, nor to calculate, pro-rate,
collect, prepare returns for or pay any personal property tax, sales tax or use tax arising from the transaction.
Utilities. All orders, cancellations, transfers, payments and adjustment of accounts for water, sewer, garbage
collection, electricity, gas, fuel oil, telephone, television cable and any other utilities or public services will be completed
by the parties outside of escrow. Unless otherwise instructed, the closing agent shall have no responsibility to determine,
collect, pay, pro-rate or adjust charges for installation or service for any utilities or public services, except to pro-rate
existing recurrent assessments for public improvements, if any, which appear on the title report.
Fire or Casualty Insurance. If a new policy of fire, hazard or casualty insurance on the property is necessary to
close the transaction, the buyer will arrange for the policy to be issued, outside of escrow, and will provide evidence of the
required insurance coverage to the closing agent before the closing date. Unless otherwise instructed, the closing agent
shall have no responsibility to contract for or obtain any policy of fire, hazard or casualty insurance on the property, or
any assignment of such policy.
Possession of the Property. The transfer of possession of the property shall be arranged directly between the
parties outside of escrow and shall not be the responsibility of the closing agent.
Collection Account. If any financing for the transaction will be provided by a private party, the parties are
advised to open a collection account at a financial institution to receive and disburse payments to be made under the private
promissory note or contract. The collection account shall be established by the parties outside of escrow and shall not be
the responsibility of the closing agent.
Payment of Omitted Taxes. If any additional real property taxes are assessed for recent improvements made to
the property and not added to the tax rolls before the closing date, the parties shall pay their respective shares of such
omitted taxes, pro-rated as of the closing date, within 30 days after receipt of notification that such taxes have been
assessed. The closing agent shall not be responsible or liable for any assessment, collection or payment of omitted taxes.
Individual Taxes. The parties are advised to consult with their attorneys to determine whether they must report
income, deduct expenses or losses, or withhold or pay any income or business taxes as a result of the transaction. The
closing agent shall have no responsibility for the parties' individual tax consequences arising from the transaction.
Foreign Investment in Real Property Tax Act. If any seller is, or may be, a non-resident alien or a foreign
corporation, partnership, trust or estate for the purposes of United States income taxation, the parties are advised to consult
with their attorneys before the closing date to determine their responsibilities and liabilities, if any, under the Foreign
Investment in Real Property Tax Act (Section 1445 et seq. of the Internal Revenue Code). The closing agent is not
required to verify the nationality or foreign status of any of the sellers, or to withhold, report or pay any amounts due
under such act.
Approvals and Permits. The parties are advised to consult with their attorneys to determine whether any
building, zoning, subdivision, septic system, or other construction or land use permits or approvals will be required, either
before or after the closing date. The closing agent shall have no responsibility with respect to any such permit or
approval, and shall have no liability arising from the failure of any party to obtain, or from the refusal of any
governmental authority to grant, any such permit or approval.
Compliance With Certain Laws. The parties are advised to consult with their attorneys to determine their rights
and responsibilities, if any, with respect to disclosures concerning the condition of the property, or under the Consumer
Protection Act, Truth-in-Lending Act, Interstate Land Sales Act or other similar laws. The closing agent shall have no
responsibility for disclosures concerning the condition of the property, or for the parties compliance, nor any liability
arising from the failure of any party to comply, with any such requirement or law.
Page 3 of 4
Additional Agreements, Instructions and Disclosures:
NOTICE TO PARTIES
The services of the closing agent under these instructions will be performed by a person certified as a Limited
Practice Officer under the Admission to Practice Rule 12, adopted by the Washington State Supreme Court. Under that
rule, Limited Practice Officers may only select, prepare and complete certain documents on forms which have been
approved for their use. The specific documents prepared are: See Attached Exhibit "A".
You are further advised that:
THE LIMITED PRACTICE OFFICER IS NOT ACTING AS THE ADVOCATE OR REPRESENTATIVE
OF EITHER(OR ANY) OF THE PARTIES.
THE DOCUMENTS PREPARED BY THE LIMITED PRACTICE OFFICER WILL EFFECT THE
LEGAL RIGHTS OF THE PARTIES
THE PARTIES' INTERESTS IN THE DOCUMENT MAY DIFFER.
THE PARTIES HAVE THE RIGHT TO BE REPRESENTED BY LAWYERS OF THEIR OWN
SELECTION.
THE LIMITED PRACTICE OFFICER CANNOT GIVE LEGAL ADVICE AS TO THE MANNER IN
WHICH THE DOCUMENTS AFFECT THE PARTIES.
BY SIGNING THESE INSTRUCTIONS,EACH PARTY ACKNOWLEDGES:
I have been specifically informed that the closing agent is forbidden by law from offering any advice
concerning the merits of the transaction or the documents that will be used to close the transaction.
The closing agent has not offered any legal advice or referred me to any named attorney, but has clearly
requested that I seek legal counsel if I have any doubt concerning the transaction or these instructions.
I have had adequate time and opportunity to read and understand these instructions and all other existing
documents referred to in these instructions.
Buyer: Seller:
CITY OF KENT
d,�
LL Date LAWRENCE E. DONA Date
Date ANN E. DONA Date
Leona Orr, Mayor Pro Tem
Date Date
Date Date
Buyer's Mailing Address: Seller's Mailing Address:
220 4TH AVE S 26827 102ND SE
KENT, WA 98032 KENT, WA 98031
Phone: Phone:
Home: (000) 000-0000 Work: (253) 856-5100 Home: (000) 000-0000 Work: (000) 000-0000
Accepted:
By
JEAN JOHNSON
Page 4 of 4
EXHIBIT "A"
ESCROW FILE 0010029JJ Limited Practice Officer: JEAN JOHNSON
NO..
TITLE FILE NO.: 416092 LPO#: 829
PURCHASER(S): CITY OF KENT
SELLER(S): LAWRENCE E. DONA, ANN E. DONA
LIMITED PRACTICE BOARD FORMS
SECTION 1: MORTGAGE LENDING DOCUMENTS
All documents approved and designed for use by the Secondary Mortgage Market, including Notes,
Deeds of Trust, and Riders. The Secondary Mortgage Market is defined as federally related institutions
such as FNMA, FHLMC and GNMA, except Regulation "Z".
SECTION 2: ESCROW DOCUMENTATION
X LPB No. 10 Statutory Warranty Deed
LPB No. 11 Statutory Warranty Deed(Fulfillment of REC)
LPB No. 12 Quitclaim Deed
LPB No. 13 Seller's Assignment of Contract and Deed
LPB No. 14 Purchaser's Assignment of Contract and Deed
LPB No. 20 Deed of Trust(Short Form)
LPB No. 21 Assignment of Deed of Trust
LPB No. 22 Deed of Trust(Long Form)
LPB No. 23 Request for Full Reconveyance
LPB No. 24 Request for Partial Reconveyance
LPB No. 25 Promissory Note-Monthly Installments
LPB No. 26 Promissory Note-Interest Included- Due Date
LPB No. 27 Promissory Note-Interest Extra
LPB No. 28 Promissory Note- Straight
LPB No. 29 Request for Notice
LPB No. 30 Bill of Sale
LPB No. 35 Subordination Agreement
LPB No. 44 Real Estate Contract(Short Form)
LPB No. 45 Real Estate Contract(Long Form)
LPB No. 50 Mortgage (Statutory Form)
LPB No. 51 Satisfaction of Mortgage
LPB No. 52 Partial Release of Mortgage
LPB No. 60 Satisfaction of Lien
LPB No. 61 Partial Release of Lien
LPB No. 62 Satisfaction of Judgment
LPB No. 63 Partial Release of Judgment
LPB No. 64 Waiver of Lien
LPB No. 65 Partial Waiver of Lien
LPB No. 70 Special Power of Attorney (Sale)
LPB No. 71 Special Power of Attorney(Purchase/Encumber)
SECTION 3: U.C.C. FORMS
All U.C.C. filing forms including Security Agreement Forms with the exception of:
WBA UCC 2
UCC 4
UCC 5
SECTION 4: EXCISE TAX AFFIDAVIT FORMS
X
Department of Licensing Forms
SECTION 5: FARMERS HOME ADMINISTRATION FORMS
All documents approved and designated for use by the United States Department of Agriculture
Farmers Home Administration in connection with closing a FmHA on residential property.
INITI
Purchaser Seller
Great American Escrow, L. L. C.
1814 S. 324th Place, Suite A•Federal Way,WA 98003•(253)815-9796•Tacoma(253)927-6075•Fax(253)815-9621
Escrow File No.: 001002911
Title Order No.: 416092
Purchasers(s): CITY OF KENT
Seller(S): LAWRENCE E. DONA, ANN E. DONA
Supplement To
AGREEMENT AND ESCROW INSTRUCTIONS
For Purchase and Sale Transaction
Including Instructions to Record Documents and Disburse Funds
This is a part of the Closing Agreement and Escrow Instructions signed by the parties under the
Closing Agent's escrow file number set forth above. Except as expressly modified, changed or amended by
this supplement, all terms and conditions of the Closing Agreement and Escrow Instructions, and any
previous supplements, additions or amendments thereto, shall remain in effect.
"THE SELLER HAS APPROVED", SIGNED AND DEPOSITED THE FOLLOWING DOCUMENTS WITH
THE CLOSING AGENT UNDER THESE INSTRUCTIONS:
( x ] Statutory Warranty Deed
( ] Purchaser's Assignment of Contract and Deed
[ ] Real Estate Contract
[ ] Bill of Sale (for personal property)
[ x ] Real Estate Excise Tax Affadavit
"THE BUYER HAS APPROVED", SIGNED AND DEPOSITED THE FOLLOWING DOCUMENTS WITH
THE CLOSING AGENT UNDER THESE INSTRUCTIONS:
( ] Promissory Note
[ ] Deed of Trust
[ ] Mortgage
[ ] Real Estate Contract
[ I Security Statement (for personal property)
[ I Financing Statement (for personal property)
( x ] Excise Tax Affidavit
( ]
( ]
BY SIGNING THIS DOCUMENT, EACH PARTY ACKNOWLEDGES:
Conditions of Parties' Agreement Satisfied. All terms and conditions of the parties' agreement have
been met to my satisfaction, or will be met, satisfied or complied with outside of escrow.
Title Report Approved. The Preliminary Commitment for Title Insurance, including the legal
description of the property and all attachments, supplements and endorsements to that report, issued by
PACIFIC NORTHWEST TITLE COMPANY under order number 416092, are approved by me and made a part
of these instructions by this reference.
Settlement Statement Approved. The settlement statement prepared by the closing agent is
approved by me, made a part of these instructions by this reference, and I agree to pay my costs, expenses
and other obligations itemized on that statement. I understand that any estimated amounts will be adjusted
to reflect the exact amounts required when the funds are disbursed, that the settlement statement
continues to be subject to audit at any time, and if any monetary error is found, the amount will be paid by
the party liable for such payment to the party entitled to receive it.
BY SIGNING THIS DOCUMENT, THE BUYER FURTHER ACKNOWLEDGES:
Property Approved. I have had adequate opportunity to review the seller's written disclosure
statement, if any, and to inspect the property and to determine the exact location of its boundaries. The
location and physical condition of the property and any buildings, improvements, plumbing, heating,
cooling, electrical or septic systems on the property are approved. I understand that all inspections and
approvals of the location and physical condition of the property are my sole responsibility, and are not part
of the closing agent's duties and responsibilities. I hereby release and agree to hold the closing agent
harmless from any and all claims of liability for loss or damage arising or resulting from any physical
condition or defect on the property, or from the location of its boundaries.
Page 1 of 2
A written disclosure statement concerning the property, signed by the seller, was:
( ] Not received by the buyer,
[ 1 Received by the buyer on
[ ] If amended, amendments were received by the buyer on
Assumed Encumbrances Approved. I have had adequate opportunity to review the terms of
payment, interest rates and conditions of any existing notes, deeds of trust, mortgages, contracts,
assessments or other debts or obligations that I will assume and agree to pay in this transaction, and
hereby approve the same.
THE CLOSING AGENT IS INSTRUCTED TO PROCEED AS FOLLOWS:
Instruction to Close. The closing agent is instructed to perform its customary closing duties under
these instructions, to deliver and record documents according to these instructions, and to disburse the
funds according to the settlement statement, adjusting estimated amounts, when the closing agent has the
documents required to close the transaction in its possession and has, or will obtain when the documents
have been delivered and recorded:
1. Sale proceeds for the seller's account in the sum of $ 275,000. 00, to be disbursed according
to the settlement statement
2. Loan proceeds for the buyer's account in the sum of $ to be disbursed
according to the settlement statement
3. A policy of title insurance issued pursuant to the Preliminary Commitment for Title Insurance
referred to above, insuring the buyer with [ x ] owner's or [ ] purchaser's [ x ] standard or [ ]
extended coverage with liability of $275, 000.00, having the usual clauses, provisions and
stipulations customarily contained in the printed provisions and schedules of such policy forms,
insuring the buyer's title to the property against all defects or encumbrances except those set forth
in the printed exceptions and exclusions customarily contained in the printed provisions and
schedules of such policy forms, matters attaching by, through or under the buyer, taxes not yet
due, and the matters set forth in the following numbered paragraphs of Schedule B of the
Preliminary Commitment for Title Insurance: 1 through 4
4. Such other policies of title insurance as may be required by any lenders that are providing
financing for the transaction.
Completion or Correction of Documents. The closing agent is instructed to correct any errors found
in any document deposited under these instructions, and to insert as necessary the closing date, the date
on which interest begins to accrue, and the dates on which payments must be made, if such items are
incomplete.
Adjustments and Pro-rations. The closing agent is instructed to adjust and pro-rate as of [ x ]
the closing date or [ ] real estate taxes for the current year, recurrent assessments if
any,
Proceeds Check:
[ 1 Seller will pick up proceeds check.
[ ] Mail proceeds check to seller at:
[ ] Wire to:
[ ] Deposit to:
Additional Instructions:
BY SIGNING THIS DOCUMENT, EACH PARTY ACKNOWLEDGES:
The closing agent has not offered any legal advice or referred me to any named attorney, but has
clearly requested that 1 seek independent legal counsel if I have any doubt concerning the transaction or
these instructions.
I have had adequate time and opportunity to read and understand these instructions and all other
documents referred to in these instructions.
Buyer: Seller:
CITY OF KENT
Date LAWRENCE E. DONA Date
IN PAM, y-Ow Date ANN E. DONA Date
Leona Orr, Mayor Pro Tem
Date Date
Date Date
Page 2 of 2
i
PLEASE TYPE OR PRINT REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt
PLEASE SEE REVERSE CHAPTER 82.45 RCW-CHAPTER 458-61 WAC when stamped by cashier.
FOR USE AT COUNTY TREASURER's OFFICE
(Use Form No.84-0001 B 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 LANRENCE E. DONA, ANN E. DONA Name CITY OF KENT
W
Street 26827 102ND SE Street 220 4TH AVE S
7wo City/State/zip KENT WA 98031 m v City/state/zip KENT NA 98032
ADDRESS TO SEND ALL PROPERTY TAX RELATED CORRESPONDENCE ALL TAX PARCEL NUMBERS COUNTY TREASURER PLACE
ASSESSED VALUE IF TAX EXEMPT
Name CITY OF KENT �825�0-0�75�n2
Street 220 4TH AVE e
City/State/Zip
ULEGAL DESCRIPTION OF PROPERTY SITUATED IN []UNINCORPORATED COUNTY QPR IN CITY OF Kept
Street Address(if property is improved):
Lot 7, Block 12, Yesler's First Addition to the Town of Kent, according to the plat thereof recorded in Volume 5 of
Plats, page 64, in King County, Washington.
Is this property currently: YES 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? ❑ �X 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 14X
Exempt from property tax as a nonprofit ❑ [JK If exemption claimed, list WAC number and explanation.
organization?Chapter 84.36 RCW WAC No. (Sec/Sub) 458-61-470
Seller's Exempt Reg. No. _____— _--
Receiving special valuation as historic ❑ Explanation
property?Chapter 84.26 RCW �K OY. transfer under threat 0 - XEeu
Property Type: ❑land only ❑ land with new building 0'r eminent domain
❑I�pd with previously used building E]land with mobile home Type of Document
E]taberonly ❑building only Date of Document Statutory Warranty Dee
Principal Use: ❑Apt.(4+unit) ❑residential November 6,
❑timber ❑agricultural ommercial/industrial Gross Selling Price $
❑other Personal Property(deduct) $ 275,000.00
(1)NOTICE OF CONTINUANCE(RCW 84.33 OR RCW 84.34) Taxable Selling Price $
000.00
I the new owner(s)of land that is classified or designated as curTent use Excise Tax: State $ '
f
or forest land wish to continue the classification or designation of such Local $
land,the new owner(s)must sign below.If the new owner(s)do not desire Delinquent Interest: State $
0.00
to continue such classification or designation,all compensating or Local $
0.00
additional tax calculated pursuant to RCW 84.33.120 and 140 or RCW 0.00
84.34.108 shall be due and payable by the seller or transferor at the time Delinquent Penalty $
0.00
of sale.The county assessor must determine if the land transferred Total Due $
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 PROCESSING FEE AND TAX.
classification or designation.If it no longer qualifies,it will be removed AFFIDAVIT
and the compensating taxes will be applied.All new owners must sign.
1 Certify Under Penalty of Perjury Under The Laws of The State of
This land ❑does ❑does not qualify for continuance. Washington That The Foregoing Is True And Correct.(See back of this
form).
Date Signature of
DEPUTY ASSESSOR
Grantor/Agent
(2) NOTICE OF COMPLIANCE(Chapter 84.26 RCW)
If the new owner(s)of property with special valuation as historic property Name(print) LANRENCE L DONA
wish to continue this special valuation the new owner(s)must sign below. Date and Place of Signing:
If the new owner(s)do not desire to continue such special valuation,all
additional tax calculated pursuant to Chapter 84.26 RCW,shall be due Signature of
and payable by the seller or transferor at the time of sale.
Grantee/Agent lgila
(3) OWNER(S)SIGNATURE
Name(print) �IW tlN'T,Y��I,go = Or-r-, Ma5ro�pro Tgn
Date&Place of Signing: 11/9/0 0; Kent, WA
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 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(I C)).
REV 84 0001a(3-18-99)(PD 6-25-99) FOR TREASURER'S USE ONLY COUNTY TREASURER
ADDENDUM TWO
REAL ESTATE PURCHASE AND SALE AGREEMENT
WITH EARNEST MONEY PROVISION
BETWEEN LAWRENCE AND ANN DONA FAMILY TRUST AND
CITY OF KENT
This Addendum Two amends the Real Estate Purchase and Sale Agreement with
Earnest Money Provision entered into between Lawrence & Ann Dona Family Trust and
City of Kent, fully executed on August 23, 2000, (hereinafter "Purchase and Sale
Agreement').
The Buyer and Seller agree that the Escrow Agent shall deposit into an escrow account
for environmental mitigation for Parcel B the total amount of Ten Thousand Dollars and
NO/100ths ($10,000.00), within ten (10) days of the date of mutual acceptance of this
Addendum. This escrow account and the terms of this Addendum relating to the same
shall survive the closing.
Seller shall deduct all costs associated with the Underground Storage Tank Removal
(UST) from the environmental escrow account.
Buyer shall install a groundwater monitoring well, pull and analyze groundwater
samples, until certification of a clean site is achieved. All costs associated with the well
shall be deducted from the environmental escrow funds. Within ten (10) days after the
installation of the monitoring well, but no sooner than January 1,2001, the sale of Parcel
B shall close in the amount of One Hundred Thousand Dollars and NO/100ths
($100,000.00). Buyer shall monitor the well pursuant to a separate well monitoring
agreement executed concurrently with this Addendum. Buyer shall deduct all costs of
monitoring from this escrow account until the earlier of either certification of a clean site
by the State, at which time the remaining escrow funds, if any, shall be refunded to
Seller (or) the funds are depleted, at which time Buyer will incur the cost of monitoring.
The Buyer and Seller further agree that in the event that the State of Washington takes
any action pursuant to remediation of the groundwater made necessary by the prior
existence of the UST and its removal, that Seller will not be released from any further
obligation as a result of the conveyance of this property to the City of Kent.
Except as amended herein, all terms and conditions of the Purchase and Sale
Agreement shall remain in full force and effect.
Seller has until 11:59 p.m. on Thursday, December 7, to accept this Addendum Two to
the Real Estate Purchase and Sale Agreement, as written, by delivering a signed copy
to Buyer.
Addendum Number Two 1 of 2 12/08/00
Real Estate Purchase & Sale Agreement
Dona Property
This Addendum Two is subject to Kent City Council approval.
IN WITNESS WHEREOF, the parties hereto have executed this Addendum Two on the
date set forth below.
BUYER: SELLER:
THE CITY OF KENT LAWRENCE AND ANN DONA
FAMILY TRUST.
By: By:
J WHITE, Mayor LAW ENCE E. DONA
i� w,V ercc
Dated: 14 Print Name:
Title:
By: � ,r�
ANN E. DONA
Print Name: 4f
Title:
Date: i.2
APPROVED AS TO FORM:
By
LUBOVICH, City Attorney
,✓r/�� �7Zi�r3-b�l2-�C� ��hth i�f�✓'r e.rt�y�v/l�v�f-r''
P:\CIVIeFILES\OwFilws 8T o.Pmpel,\Add.Mum2-DomREPSA.0 c
Addendum Number Two 2 of 2 12/08/00
Real Estate Purchase & Sale Agreement
Dona Property
PACIFIC NORTHWEST TITLE
Company of Washington, Inc.
City of Kent
220 - 4th Avenue South ( ^(_/ -C/,�,� hA
Kent, Washington 98032 1T Y� `
Attention: C OePT.
Order No. : 416092
Your Ref. : Dona Trust/City of Kent
Enclosed is your Policy for Title Insurance on the above-referenced
transaction.
Thank you for the opportunity of serving you. Please do not hesitate
to call us locally at (206) 622-1040 or statewide at 1-800-634-5544. We
look forward to working with you again.
Mike Sharkey
Senior Title Officer
Unit No. 12
215 Columbia Street A Seattle,WA 98104-1511 A (206) 622-1040 AL Fax: (206) 343-1358
http://pnwt.com
h POLICY OF TITLE INSUR.:NCE ISSUED BY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE
CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, PACIFIC
NORTHWEST TITLE INSURANCE COMPANY, INC., a Washington corporation, herein called the
Company, insures, as of Date o= Policy shown in Schedule A, against loss or damage, not
x exceeding the Amount of Insurarce stated in Schedule A, sustained or incurred by the insured
by reason of:
rvr 1. Title to the estate or interest described in Schedule A being vested other than as stated
therein;
2. Any defect in or lien or enc_mbrance on the title;
.q 3. Unmarketability of the title;
4. Lack of a right of access to and -rom the land.
The Company will also pay the cos-.s. attorneys' fees and expenses incurred in defense of
the title, as insured, but only to t-,e extent provided in the Conditions and Stipulations.
e IN WITNESS WHEREOF, Pacif c Nc,thwest Title Insurance Company, Inc. has caused this
policy to be signed and sealed I its cily authorized officers as of the Date of Policy shown in
h .
Schedule A.
PACIFIC NORTHWEST TITLE -:ant I ed by.
•� Insurance CumpanV. Inc.
• -• ' plE INS o '.-norize Signatory ,�y
t B .
,,+: CGPPoagrE •� �
I
-• i a PACIFIC NORTHWEST TITLE
a:SEAL�J`t -=-panv Seattle, Washington
v
��SNINGLGs
W, @
-i.State
II EXCLUSIONS FROM COVERAGE
r
The following matters are expressly excl-jeC--_m t-a:overage of this policy and the Company will not pay loss or damage,costs,
attorneys'fees or expenses which arise:,,reason :,
1. (a) Any law, ordinance or govern-ant_ •egg.,a-cn (including but not limited to building and zoning laws, ordinances, or
regulations) restricting, regulating, prat tit.^= or re z ng to (i)the occupancy, use, or enjoyment of the land; (ii)the character,
dimensions or location of any improvem=lt re.+or--after erected on the land;(III)a separation in ownership or a change in the
dimensions or area of the land or any pa^al-- whit---a land is or was a part;or(iv)environmental protection,or the effect of any
violation of these laws,ordinances or gc.ern:-anta -s;alations,except to the extent that a notice of the enforcement thereof or a
�!P notice of a defect, lien or encumbrance esu'- -g frc- a violation or alleged violation affecting the land has been recorded in the
public records at Date of Policy.
(b) Any governmental police powe-not excluca:oy(a)above,except to the extent that a notice of the exercise thereof or a
notice of a defect, lien or encumbrance asul--g frc- a violation or alleged violation affecting the land has been recorded in the
public records at Date of Policy.
2. Rights of eminent domain unless nc�-a c-the-=,cise thereof has been recorded in the public records at Date of Policy,but
not excluding from coverage any taking ,vhi-- has :-curred prior to Date of Policy which would be binding on the rights of a
purchaser for value without knowledge.
3. Defects, liens,encumbrances, adve•se c_'ms -ocher matters:
(a) created,suffered,assumed or agree_to b: -s insured claimant;
(b) not known to the Company, not recc-ded i^:ne public records at Date of Policy, but known to the insured claimant and
not disclosed in writing to the Company cy insv-c claimant prior to the date the insured claimant became an insured under
this policy;
` (c) resulting in no loss or damage-o tte nsur.:claimant;
(d) attaching or created subseque-:to =ate c''cIicy;or
(a) resulting in loss or damage wh en we-Id nc-ave been sustained if the insured claimant had paid value for the estate or
interest insured by this policy.
0-1093- 99568
ALTA OWNER'S POLICY—10-17-92
Standard Coverage
PACIFIC NORTHWEST TITLE INSURANCE COMPANY, INC.
A.L.T.A. OWNER'S POLICY
SCHEDULE A
Order No. : 416092 Policy No. : 1093-99568
Policy Date: November 13, 2000 Policy Amount: $275, 000.00
at 10:58 a.m.
1. Name of Insured:
CITY OF KENT, a municipality of the State of Washington
2 . The estate or interest in the land described herein and which is
covered by this Policy is:
FEE SIMPLE
3 . The estate or interest referred to herein is at date of Policy
vested in:
CITY OF KENT, a municipality of the State of Washington
4 . The land referred to in this Policy is described as follows:
Lot 7, Block 12, Yesler's First Addition to the Town of Kent,
according to the plat thereof recorded in Volume 5 of Plats,
page 64, in King County, Washington.
Standard Coverage
PACIFIC NORTHWEST TITLE INSURANCE COMPANY, INC.
A.L.T.A. OWNER'S POLICY
SCHEDULE B
Policy No. : 1093-99568
This policy does not insure against loss or damage by reason of the
following:
GENERAL EXCEPTIONS:
1. Rights or claims of parties in possession not shown by the public
records.
2 . Easements, or claims of easements, not shown by the public record.
3 . Encroachments, overlaps, boundary line disputes, or other matters
which would be disclosed by an accurate survey or inspection of the
premises.
4 . Any lien, or right to a lien, for services, labor or material
heretofore or hereafter furnished, imposed by law and not shown by
the public records, or liens under the Workmen's Compensation Act
not shown by the public records.
5. Any title or rights asserted by anyone including but not limited to
persons corporations, governments or other entities, to tide lands,
or lands comprising the shores or bottoms of navigable rivers,
lakes, bays, ocean or sound, or lands beyond the line of the harbor
lines as established or changed by the United States Government.
6. (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.
7. Taxes or special assessments which are not shown as existing liens
by the public records.
8. Any service, installation, connection, maintenance, capacity, or
construction charges for sewer, water, electricity or garbage
removal.
9. Indian tribal codes or regulations, Indian treaty or aboriginal
rights, including, but not limited to, easements or ea-aitable
servitudes.
SPECIAL EXCEPTIONS:
As on Schedule B, attached.
Policy No. : 1093-99568
SCHEDULE B
Page 2
SPECIAL EXCEPTIONS:
1. AN EZSEMENT AFFECTING THE PORTION OF SAID PREMISES AND FOR THE
PURPOSES STATED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE
FOLLOWING:
IN FAVOR OF: City of Kent
FOR: Sanitary sewers
DISCLOSED BY: Off record information
AFFECTS: The easterly portion of Lot 7
2 . EASE'_-IENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING
BUT NOT LIMITED TO, THE FOLLOWING:
GRANTEE: Puget Sound Power & Light Company, a
Washington corporation
PURPOSE: An underground electric distribution
system
AREA AFFECTED: The east 10 feet of said premises
DATED: November 11, 1982
RECORDED: December 1, 1982
RECORDING NUMBER: 8212010387
3 . EXCEPTIONS AND RESERVATIONS CONTAINED IN CITY OF KENT ORDINANCE
NUMBER 1260, AS FOLLOWS:
The city does hereby reserve unto itself, its successors or assigns,
the right to exercise and grant easements for the construction,
repair and maintenance of public utilities and services.
4. Righ-s of the public, in and to the easterly portion of Lot 71ying
within the alleyway as disclosed by off record information.
END OF SCHEDULE B
tas
street
-
bog 6 7 10� � 1 01616 7 orb s
R8 lla db iO 1304.00 128 tZ9
33 GG f28 - �"G6 g dro
8 5 $ 8 ' B 5^u° n°8 ly �d,Zh 5 v
ui ob,
a . 9 4 . a = 9 �rjppvo 4 . ui = 92° 4 ui
19 ° X12 p1 a 9 R
4to,46 0
U n
�,�4 o
u : II 1 ��2 : o : 11 1 1f �' � � 2v: H : il' 1�10 2 ` aWi
r$
128 128 148 ft ,Z8 - 126
z ,5 YESLERIS SCAR s`FIRST ADD. TO
982
,re ,Za siee 05 rZ8 ;6 :
ow
g 5 $ �p'',,b 5... . c A _DO
p 7 k1 k1 4 7._ ,!' R�" pee7 4 % v l ,p
MFP SF3 z�z*?z ° m
a� it lu
3 $ i ;$ 8 ��,` b% yroy°f° 3 v° a 11tP��10 3 °v
9 q r21° w� i°ZaZsir a 9 zs a pr P3 2 9 14� � 2 r
. ...:
n° s/rco WILLIS ST. ya zfs n.n� P N rr.23Grsc.rs �SrPs�Os'4�spr g!74 MU
b S. W. Russ LL s
/ 0 9 / 00 / o q /Zo
� pT
7o 0 X
fl
� y°°�1yS 4e. 01A elf
_ht, II pp•@I p1. 4
.{I•�`fi II= ;2 ,�`u .14hQ143g 4O
,20 �q m _° offs ��n b 9 4 ®0°. m
3 tl ys6 10:
d 7Z elso ' 3°p0 o1D° tt
4 I� W 9 = �8 4 4L ,Za /za.a n� .
Y65Loo,15 Tc -n+E
-T-ocvr� o T 5 /6Zf .
PACIFIC NORTHWEST TITLE COMPANTY 1v
Order No.
l',mf'ORT.4.VT: This is not a Plat of Survev. rt is furnished as a convenience to locate
the [and indicated hereon with reference to streets and other land. No liability is
assumed by reason of reliance hereon.
GrmtAmei ican Escrow, Lo Lo Co
1814 S.324th Place,Suite A•Federal Way,WA 98003.(253)815-9796•Tacoma (253)927-6075•Fax(253)815-9621
U
OrteitY'pf k 4r
AFCFI�F p
1JqN
9
January 5, 2001 Off'.Cl tN of ZaQl
of the 1%6r
MAYOR WHITE
220 4TH AVE S
KENT, WA 98032
RE: Escrow No.: 0010027JJ
Buyer: CITY OF KENT
Seller: LAWRENCE AND ANN DONA FAMILY TRUST
Property Address: 412 W TITUS ST
KENT, WA 98032
Dear MAYOR WHITE:
The closing of your purchase of the above noted property has now been completed. In connection therewith, we
enclose a copy of your final Closing Statement/HUD.
Your Deed and Policy of Title Insurance will be sent to you in the near future.
We appreciate having had this opportunity to be of service to you. If there should be any questions, or we can
help you again in the future, please feel free to contact us.
Sincerely,
Great American Escrow, L.L.C.
JEAN JOHNSON
Escrow Officer
Encl.
I T
1r OMB No.2502-0265
A. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT B. TYPE OF LOAN
SETTLEMENT STATEMENT .1. ❑FHA 2. ❑FMHA 3. ❑CONV.UNINS.
4. ❑VA 5. ❑CONV.INS.
6. FILE NUMBER: 7. LOAN NUMBER:
0010027LTJ
8. MORTGAGE INS.CASE NO.:
C. NOTE: This form is furnished to give you a statement of actual settlement costs.Amounts paid to and by the settlement agent are shown.Items marked
".(p.o.c.)"were paid outside the closing;they are shown here for informational purposes and are not included in the totals.
D NAME & ADDRESS OF SORROVPER: CITY OF KENT 226 4TN AVE S, KENT, WA 98032
E.NAME &ADDRESS OF SELLER: LAWRENCE AND ANN DONA FAMILY TRUST 26827 102ND SE, KENT, WA 98031
F..NAME AND ADDRESS OF LENDER: -
G.PROPERTY LOCATION: 412 W TITUS ST, KENT, WA 98032
R.SETTLEMENT AGENT: Great American Escrow, L.L.C.
PLACE OF SETTLEMENT: 1814 South 324TH Place Suite A, Federal Way, WA.98003 :(253)815-9796
I.SETTLENENT DATE: 1/05/2001 FINAL
J. Summary of Borrower's Transaction K. Summary of Seller's Transaction
loo.Gross Amount Due From Borrower: 400.Gross Amount Due to Seller,
.101.Contract sales price 110 000.00 1.Contraot sales price 110, 000.00
102.Personal property 402.Personal property
103.Settlement charges to borrower:(fine'1400) 5, 959.42 3.
104. 04.
T05. 405.
Adjustments For Items Paid By Seller In Advance: Adjustments For Items Paid By Seller in Advance:
106.City/town taxes to 406,City/town taxes to
107.County taxes to 407.County taxes to
.108.Assessments to 408.Assessments to
109. 409.
1:10. 410,
112. 41t
120.Gross Amount Due From Borrower: 115,959.42 420. Gross Amount Due to Seller: 110,000.00
200.Amo`nts ald Bv Or In Behalf Of Borrower: 500.Reductions in Amount Due To Seller:
201.Deposit or earnest money 01.Excess deposit(see instructions)_
262,Principal amount of new loan(s) 02.Settlement charges to seller(fine 1400) 11,143 .36
203.Existing loan(s)taken subject to 03.Existing loan(s)taken subject to
��INITIAL DEPOSIT PAID TO ESCROW- 110, 000.00 04,Payoff of first`mortgage lloan
•ADDITIONAL DEPOSITS 5, 959.42 05.Payoff of second mortgage loan
205. O6.
207. 507.
208 08.
209. 509.
Adjustments For Items Unpaid By Seller: Adjustments For Items Unpaid By Seller:
210.City/town taxes to 510.City/town taxes to
21.1.County taxes to 511.County taxes to
212.Assessments to 512.Assessments to
213. 513
214. 514.
215. 515.
216, 516.
217. 517.
218. 518.
219, 519.
220.Total Paid By/For 115, 959.42 520.Total Reductions 11, 143 .36
Borrower: In Amount Due Seller:
300. a h At Settlement From/To Borrower: 660,Cash At Settlement To From Seller:
301.Gross amount due from borrower(line 120) 115, 959.42 601.Gross amount due to seller.(U/Te 420) 110,000.00
302.Lass amount paid by/for borrower(/Ff1O 220) 115, 959.42 2.Less reductions in amount due seller(f ne 520) 11,143 .3 6
303.Cash ('QFROM)(QTO)Borrower: 0.00 603. Cash UTO)(QFROM) Seller: 98, 856.64
Previous Edition is Obsolete SB-4-353E-000-1
Form No.1581 HUD-1.(3-86)
3/86 Page 1 of 3 RESPA,HB 4305.2
Escrow No. : 0010027JJ
L. SETTLEMENT CHARGES
700.Total Sales/Broker's Commission $ 100, 000.00 @ 5.000og= 5, 000 OO paid From Paid From
Based On Price $ 10,000.00 @ 5.0000%= 500 0OBorrower's Seller's
DIVislO f Commlaslon lin 700 As'Follows: Funds Funds
7Q1. $ to At At
702• $ 5,500. 00 to LLEWELLYN REAL ESTATE Settlement Settlement
In Commission paid at settlement
704.
[800.It m" Pa ble in onnecti. n:with Loan:
E0L Loan Originatioia tee
802. Loan Discount %
SW. App algal Fee to:
804. Credit Report to:
805. Lender's Inspection fee
806. Mortgage Insurance application fee to
907. Assumption feat
808.
809.
810.
81.1.
9 It MS a ir' B Lentl r To Be Paid n Advance:
901. Interest from to: @$ /day
902. Mortgage insurance premium for mo.to
On Hazard Insurance premium for yrs.to
904. Flood Insurance premium for yrs.to
905
1'00 .geserue De 0aited;With Lender:
1001. Hazard insurance months @$ per month
1002. Mortgage Insurance months @$ per month
1003. City property taxes months @$ per month
1004. County property taxes months @$ per month
.1006. Annual assessments months @$`, per month
.1006. Flood Insurance months @$ per month
1001. months @$ per month
1.11 00jitle.Chafdolill
.1.101. Settlement or closing fee to Great American Escrow, L.L.C. 447. 97 447.97
.1102. "lt rAk"003E9C;ESCROW FEE. $825.00' SALES;TAX: :$ 70.94'
1.103. Title examination to
1:104. Title insurance binder to
1.105. Document preparation to
1106. Notary read to
.1107. Attorney's fees to
(includes above items Numbers: )
1108. Title insurancetu LPACIFIC NORTHWEST TITLE COMPANY 629.88
(includes above items'Numbers:
1109. Lender's coverage $
1.1.10. Owner's coverage $ 110,`000:00 Premium: 580.00 Tax: 49.88:
11.1.1.
1.112.
1.113.
1200.Government Recording and Transfer Charges:
1201 Recording fees: Deed$ 11 .45 .Mortgage$ :Releases$ 1.1 , c:.,
1202, City/county tax/stamps: Deed$ ;Mortgage$
1203, State:tax/stamps: Deed$ ;Mortgage$
1204.
1205.
13 FAdditi0nal Settlement Char es:
13o1. Surveyto
1302. Pest inspection to
1363• Leased Conversion Burner to:PUGET SOUND ENERGY 5.51
1304• Tank Removal Debt to FUEL TANK INSTALLATION CO. 4, 814.64
1305. SETUP OF ENV.MIT. ACCT. to Great American Escrow; L.L.C. 5, 185.36
1306• Reconveyance Fee to CHICAGO TITLE INSURANCE 60.00
1307.
1400.T0ta1 Settlement Charges (Enter on line 103, Section J and-line 502, Section K) 5, 959.4A 11,143 .36
Form No.1582 Page 2 of SB-4-3538-000-1
Escrow No. : 0010027JJ
SELLER'S AND/OR BORROWER'S STATEMENT
SETTLEMENT DATE: 1/05/2001
The Seller's and Borrower's signatures hereon acknowledge their approval and signify their understanding that tax and insurance prorations and reserves
are based on figures for the preceding year or supplied by others or estimated for the current year,and In the event of any change for the current
year,all necessary adjustments will be made between Borrower and Seller directly. Any deficit in delinquent taxes or mortgage payoffs will be
promptly reimbursed to the Settlement Agent by the Seller.
I have carefully reviewed the HUD-1 Settlement Statement and to the best of my knowledge and belief,it is a true and accurate statement of all receipts
and disbursements made on my account or by me in this transaction.I further certify that I have received a copy of the HUD-1 Settlement Statement.
I hereby authorize the Settlement Agent to make expenditures and disbursements as shown above and approve same for payment.
Borrowers/Purchasers Sellers
CITY OF KENT LAWRENCE AND ANN DONA FAMILY TRUST
By: By:
JIM WHITE, MAYOR LAWRENCE E. DONA, TRUSTEE
By:
ANN E. DONA, TRUSTEE
The HUD-1 Settlement Statement which I have prepared is a true and accurate amount of this transaction. I have caused or will cause the funds to be
disbursed In accordance with this statement.
Settlement Agent: Date:
JEAN JOHNSON, Great American Escrow, L.L.C.
WARNING: It is a crime to knowingly make false statements to the United States on this or any other similar form.Penalties upon conviction can
include a fine or imprisonment.For details see: Title.18 U.S.Code Section 1001 and Section 1010.
SELLER'S TAX INFORMATION
SELLER'S CERTIFICATION OF TAXPAYER IDENTIFICATION NUMBER (substitute W-9)
You are required by law to provide the Settlement Agent(see block H)with your correct taxpayer Identification number.If you do not provide your
Settlement Agent with your correct taxpayer identification number, you may be subject to civil or criminal penalties imposed by law in the Tax
Reform Act of 1986,under Internal Revenue Code Sections 6045(e),6676,6722,6723 and 7203.
Under penalties of perjury,I certify that the number shown on this statement is my correct taxpayer identification number.
TIN: 100% Signed:
LAWRENCE AND ANN DONA FAMILY TRUST
TIN: Signed:
TIN: Signed:
TIN: Signed:
Seller's forwarding address: 26827 102ND SE
KENT, WA 98031
PROCEEDS FROM REAL ESTATE TRANSACTIONS (substitute IRS form 1099-S)
The information contained below and in Blocks E,G,H and I is important tax information and is being supplied to the Internal Revenue Service.If
you are required to file a return, a negligence penalty or other sanction will be imposed on you if this Item is required to be reported and the IRS
determines that it has not been reported. If this real estate was your principal residence, file Form 2119, Sale of Exchange of Principal
Residence, for any gain, with your income tax return; for other transactions,complete the applicable parts of Form 4707,Form 6252 and/or
Schedule D.(Form 1040).
GROSS PROCEEDS: $ 110, 000,00
Check here if the Seller received or will receive property or services as part of the consideration.
Real property tax amounts reimbursed $ FINAL
PROCEEDS ALLOCATION FOR MULTIPLE SELLERS
When more than one seller is involved in the transfer of property,they may elect to allocate the Gross Proceeds between the named parties for the
purpose of reporting such amounts to the Internal Revenue Service. This DOES NOT apply to a husband-wife relationship or to a partnership. If
the proceeds are allocated, the sum of the individual allocations must equal the total Gross Proceeds above. Use the space below or submit
a sheet listing name,address,taxpayer identification number,and allocation amount.
Page 3 of 3