HomeMy WebLinkAboutPK1998-0319 - Original - Columbia Greenhouse, Inc. - Purchase of 12525 SE 248th Street - 10/29/1998 REC10 OCT 9. 1
REAL ESTATE PURCHASE AND SALE AGREEMENT
WITH EARNEST MONEY PROVISION
BETWEEN COLUMBIA GREENHOUSE, INC. AND THE CITY OF KENT
This contract controls the terms of the sale of real property.
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 Columbia Greenhouse, Inc. a Washington corporation, whose mailing
address is 12525 SE 248th Street, Kent, Washington 98031 (253) 725-4200 ("Seller"), for
the sale and purchase of real property as follows:
1. PROPERTY. The real property being sold is vacant land only. All
improvements, buildings, structures and personal property are to remain the property of
the Seller as described in Section 4(g) below. The real property and appurtenances
situated thereon, which Buyer agrees to buy and Seller agrees to sell, is commonly known
to be located at 12525 SE 24811 Street, Kent, Washington approximately 21.84 acres (the
"Property"), and which Property is legally described in Exhibit A. A map indicating the
location of the Property is in Exhibit B. Exhibits A and B are attached hereto and
incorporated herein by this reference.
2. ERNEST MONEY. Received from the Buyer, One Hundred Thousand and
No/100 Dollars ($100,000.00), as earnest money and part payment on the purchase price
of the Property.
3. PURCHASE PRICE. The total purchase price for the Property is Two Million,
Six Hundred Fifty Thousand and No/100 Dollars ($2,650,000.00), 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) The parties ability to execute a short term lease, upon mutually acceptable
terms, no later than thirty days after completion of Buyer's feasibility study.
The short term lease shall not exceed three years from the date of closing.
(d) Sellers ability to secure adequate replacement property to accommodate a
1031 exchange. In the event Seller elects to perform a I.R.C. 1031
exchange, Buyer agrees to cooperate with Seller in performing such 1031
exchange, provided however that the Seller pays all costs associated with
any exchange.
ColumbiaNurseryContract Page 1 of 7 10/19/98
(e) Seller's ability to secure an extended policy and endorsement to insure the
reservations and exceptions contained in the Deed from Northern Pacific
Railroad Company.
(f) Seller's ability to maintain septic drain field according to King County Health
Department Standards. Seller shall indemnify Buyer for any damages
arising out of failure of the drain field that occur prior to the expiration of
Seller's short-term lease of the Property from Buyer.
(g) Prior to vacating the property, Seller shall remove all personal
property located on the Property, including, but not limited to all
equipment, vehicles, furniture, metals, pipes, including the pvc pipe,
aluminum and plastic structures identified as group A in Exhibit C, and
including the wooden and pipe frame greenhouse not permanently
attached to any concrete foundation identified as group C in Exhibit
C, and any debris that is not attached to or a part of the office or the
group B structures identified in Exhibit C or that are not underground.
Exhibit C is attached hereto and incorporated herein by this reference.
Seller shall have the right, but no the obligation, to salvage and
remove all or any part of group B or office structures, foundations or
personal property that is underground, at any time at Seller's option,
prior to vacating the property.
Upon vacation of the property by Seller and Seller's removal of the
salvageable improvements at Seller's option, and personal property as
provided above, all remaining improvements located on the property shall be
removed by the Buyer and the Buyer shall be responsible for the costs and
expenses of demolition and/or removal of any improvements, structures or
buildings, except that Buyer will be entitled to recover from Seller the cost
and expense of any required removal of underground storage tanks.
(h) A Feasibility Study as follows:
(1) Buyer shall have eighty (80) days from the date of mutual
acceptance of this Agreement to determine, in Buyer's sole and absolute
discretion, if the Property is feasible for investment and/or development by
Buyer.
(2) If Buyer fails to notify Seller of its approval of the Property, in
writing, on or before the expiration of the feasibility 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 Pack Northwest Title, by Buyer to Seller shall be immediately
returned to Buyer. Buyer agrees to return the Property to its original state
(e.g., fill all boring holes, etc.). Buyer shall notify and obtain Seller's consent
before entering on to the Property to conduct any feasibility study, test,
ColumbiaNurseryContract Page 2of 7 10/19/98
survey, investigation or examination as Buyer deems necessary; provided
that Seller's consent shall not be unreasonably withheld. Buyer shall not
permit liens or encumbrances to be placed against the Property for expenses
incurred as a result of any work done or studies undertaken by Buyer or at
Buyer's direction, and Buyer shall not damage the Property and will use its
best efforts not to interfere with the Seller's business operations on the
Property in any way in the course of conducting such studies and
inspections.
(3) Buyer's feasibility study may include, but is not limited to, soil
studies, utilities availability and capacity, access availability, zoning,
environmental assessment, preliminary architectural and engineering studies
and marketing feasibility.
(4) Buyer agrees to conduct its feasibility study at its sole cost and
expense and shall be liable to Seller for any property damage to the Property
arising out of the sole negligence of Buyer or its designated agent while
conducting its feasibility study.
(5) Buyer shall provide Seller with the results of all environmental
testing, reports and other studies performed on the Property prior to Closing.
In the event of, or discovery of, an environmental condition on the Property
prior to Closing, Seller may at its sole option, terminate this agreement.
Should any of the contingencies of Section 4 not be met prior to
closing, then this agreement shall terminate, except neither Buyer nor Seller
shall have any further rights, duties, or obligations hereunder, except that the
earnest money held in Pacific Northwest Title, by Buyer to Seller shall be
immediately returned to Buyer and 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's or Buyer's
agent's acts or omissions in conducting the feasibility study.
S. CONVEYANCE AND CONDITION OF TITLE. The title to the 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,
116 Washington Ave. North, Kent, Washington 98032-0864, to issue a standard form
owner's policy of title insurance to Buyer in an amount equal to the total purchase price of
the Property, and insuring the Property being 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 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
ColumbiaNurseryContract Page 3of 7 10/19/98
terminate. Buyer shall have no right to specific performance or damages as a
consequence of Seller's inability to provide insurable title.
7. CLOSING COSTS AND PRO-RATIONS. The cost of escrow shall be shared
equally between Buyer and Seller, except those fees which are expressly limited by
Federal Regulation. Taxes for the current year, rents, interest, 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 March 3, 1999,
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 Pacific Northwest Title, 116 Washington
Avenue North, Kent, Washington 98032-0864, 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. POSSESSION. Buyer shall be entitled to possession on Closing, subject to
the terms of the short term lease referenced in Section 4(c), provided that Buyer shall be
entitled to take immediate and exclusive possession of the approximate five acre area of
the property as legally described in Exhibit D, including utility and vehicular access from
a public street ("the area"), said area is expressly excluded from the short term lease by
this reference and which will be identified by Buyer's survey prior to closing. Buyer shall
be entitled to erect temporary structures, fencing, and equipment storage in the area for
operation of a signal shop and park maintenance shop and to implement any other legal
use thereon. Buyer will use its best efforts not to interfere with Seller's business or right
of access to and from the Property during the term of the short term lease. Exhibit D is
attached hereto and incorporated herein by this reference.
10. SELLER'S REPRESENTATIONS. Seller represents:
(a) that it will maintain the Property in its present or better condition
until the date of closing.
(b) that it has no knowledge or notice from any governmental agency of any
violation of laws relating to the Property.
(c) that the Property is not encumbered by any leases.
11. SELLER'S ENVIRONMENTAL REPRESENTATIONS. Seller represents
that to the best of its knowledge that it is not aware of existence of, or has caused or
allowed to be caused, any environmental condition during Seller's ownership of the
Property (including, without limitation, a spill, discharge or contamination) that existed as
of and/or prior to the Closing date or any act or omission occurring prior to the Closing
date, the result of which may require remedial action pursuant to any federal, state or local
law or may be the basis for the assertion of any third party claims, including claims of
CoiumbiaNurseryContract Page 4of 7 10/19/98
governmental entities. This provision shall survive the Closing and be in addition to Seller's
obligation for breach of a representation or warranty as may be set forth herein. The
limitation period for filing claims shall be consistent with applicable statutory and common
law limitations periods.
12. SELLER'S INDEMNITIES: Seller agrees to indemnify and hold
harmless the Buyer, against any and all damages, claims, losses, liabilities,
judgements, demands, fees, obligations, assessments, expenses, and costs,
including but not limited to all reasonable attorney's fees and costs of suit, and
including, without limitation, accounting, consulting, engineering and other expenses
which may be opposed upon or incurred by Buyer, or asserted against Buyer as a
result of a claim by any third party or parties (including, without limitation, a
governmental entity), arising out of or in connection with any hazardous waste
contamination or other environmental condition existing as of and/or prior to the
closing date, including the exposure of any person to any such environmental
condition, regardless of whether such environmental condition or exposure resulted
from Seller's activities or Seller's predecessors in interests, except any and all of
Buyer's costs, fees, and expenses for any environmental assessments,
investigations, studies or reviews conducted by Buyer or at Buyers request whether
before or after closing.
Buyer shall notify Seller in writing of any third party claim with reasonable
promptness, and Seller shall have the right to compromise or defend any such
claim, provided that such compromise or defense of such claim does not negate the
Seller's obligation to indemnify and hold harmless the Buyer.
Buyer shall release, indemnify and hold Seller harmless from any and all liabilities,
obligations, judgments, demands, damages, causes of action, claims, costs and expenses,
including but not limited to all reasonable attorney's fees and costs of suit, arising out of
or in connection with any contamination from hazardous waste or an environmental
condition on the Property caused solely by Buyer, its agents and representatives from and
after the date of Closing. The indemnities set forth above shall survive Closing for the
applicable statutory and common law limitation periods of the underlying claims and are
in addition to Seller's obligation for breach of representation or warranty.
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.
ColumbiaNurseryContract Page 5of 7 10/19/98
(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. Except as provided in Section 12,
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. LEASE. THE SELLER AGREES THAT AFTER CLOSING AND DURING
THE SHORT TERM LEASE, THAT THE PROPERTY LEASED TO SELLER IS LEASED
IN AN AS-IS CONDITION AND BUYER MAKES NO WARRANTIES, EXPRESS OR
IMPLIED, TO SELLER ABOUT THE CONDITION OF THE PROPERTY DURING THE
SHORT TERM LEASE.
15. 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 INDEPENDENT LEGAL AND FINANCIAL COUNSEL
REGARDING THESE CONSEQUENCES. IF YOU DO NOT UNDERSTAND THE EFFECT
OF ANY PART, CONSULT YOUR ATTORNEY BEFORE SIGNING.
16. 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.
17. 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
Parks and Recreation Department
220 4th Avenue South
Kent, Washington 98032-5895
FAX (253) 859-4005
(b) All notices to be given to Seller shall be addressed as follows:
Herb Noji
Columbia Greenhouse, Inc.
12525 SE 248th Street
Kent, Washington 98031
FAX (253) 631-7446
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
ColumbiaNurseryContract Page 6of 7 10/19/98
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.
18. 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.
19. 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.
20. 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.
21. ASSIGNMENT. Buyer may not assign this Agreement or Buyer's rights
hereunder, without Seller's prior written consent.
22. Buyer shall have only until 5:00 p.m. on the 29"' of October, 1998, 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 laps 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: LLERS'
THE CITY OF KENT B GREENHOUSE, INC.
r
By: B
el IM WHI , ayor
Dated: Dated: n
,�2 o
APPROVED AS TO FORM:
By: - w, Il/�/l/f� �
R GER . U OVICH, CityAttorney
ColumbiaNurseryContract Page 7of 7 10/19/98
EXHIBIT �=
order No. 333242
�.L.T.a. CCMNi'rM_`IT
SC:DVLa a
Page Z
The Land referred to _.. this ccmmitmenc is situated in the county cf
7C•ng, state of washing_cre, and described as follows:
A.4C=
The ae:t 690 beet of east the 66C _eet of the west 940 talc of
northwest quarter of ch tout»east quarter of Secticn 2l,
"owrshio Z= north. Range S =asc, '. -M- , L Xing Councy, was:_^gto..:
C;<Cr" C:at porticr_ chereaf Lvi:g +a :a Soutsnasc Zadth Sc:e=t. a
cart.cr. =hsraal conveyed :UV-9 Ccunc.r by deed reccrded under
�ecordi-c �Ta. 4'S5'_1.
._=Z_0_ -0,211owias described 73ZZ6:-
T ac ;Or -;on of the :orthwasc quartar of scucheasc c'uartar•oc
sect; 21. Tc«n: _ Z2 crch, Ranga S oast, w,:a. , ir. wing Coua
washinczan. described as !--11cws:
at ch _c:t`west corcer of said su division:
c^e.^.csd8°54 65" eas- along . :e r.....h Line C:e_ f 6id .90
:etc to the TRU= ?CZNT OF a_:tNN:NG:
thence cont:_.se scut: SS°54, 55" east, alc-g said 1_ne L20. LO '_eec:
thence scut--^oosd '24'• west. garalLal =c ,'e west Line of said
sul:dilrisicn150 te.itr
thence north 88°S4'55" west 122.90 ?eet to the east. line of a
so root wide right Of way as described _.. '_ease ag_aomanc recorded
u.^_d$r Zecording No. 0362294, gage Za, records of Ki.^g Councy.
waszi ngtor.,
r: erce ^crc_. 2002' 35' east, ale nc said l_:e 1-50.02 teec cc t.`.e TRUE
?O..r OF 32CZNNING;
'c.YC=PT t.`.at ?crticn r: ersof 1y4 w.chia southeast 249th St_tec, a
cort.on th•_rsef conveyed to Ki1-9 Councy by deed racorded under
taccrdia; No. 4755%:_.
dR.2C'sL 3:
The west 280 feet of the northwest quarter of the scuche'"t quarter
of Section 21, Township 22 North, Range 5 East, w.N. , in Ki:g
County, Was:irgtom;
EXCEPT the Bauch 330 feet tnareaf;
EXCEPT the wast 30 feet for county road;
An, EXCEPT the north 30 feet far county road;
AND
(legal description, continued)
Order No. 333242
.i.L...,1. COMMITMMNT
SCA=U=- A
PacR I
__:::.L OESC;�.�Tw, ccncinuad:
The aasc 690 fast o£ the west 440 fast of nort%west quartar o: the
southaasc csartar oc Section. 27., Township 22 North, Urge 5 =ast.
w.M. , in King county, washington;
sXCS?T the north 990 feat;
ARO 7.%C32T t»e scut: 330 _ee_ of the west 380 feat.
OF SC-OU'L-
NOTE FOR tMRMATTONAL PQRPOSBs ONLY:
The following may be used as an abbreviated legal description oa the
documents to be recorded, per amended RCd 65.04. said abbreviated legal
description is not a substitute far a complete legal description within
the body of the document.
Ptn. NWl/4 S=/4, 21-22-OS
EXHIBIT 13 .
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Exhibit D
The west 280 feet of the northwest quarter of the southeast quarter of Section
21, Township 22 North, Range 5 East, W.M., in King County Washington;
EXCEPT the south 330 feet thereof;
EXCEPT the west 30 feet for county road;
AND EXCEPT the north 30 feet for county road.
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Exhibit E
ADDENDUM TO REAL ESTATE PURCHASE AND SALE AGREEMENT
WITH EARNEST MONEY PROVISION BETWEEN COLUMBIA
GREENHOUSE,INC. AND THE CITY OF KENT DATED OCTOBER 2991998
The Buyer and Seller agree the 80 day feasibility period referred to in paragraph 4(h)
(2), on page 2 of 7, does not include Thanksgiving day, the day after Thanksgiving,
Martin Luther King Day, Christ s or New and will expire on January 22,199�O1
�1 )
BUYER: SEL E Ir
THE CITY OF,*EN COL IA GR E ING
By: y:_
B -- --
Dated___ 1i���_ Dated:
ADDENDUM TO
REAL ESTATE PURCHASE AND SALE AGREEMENT
WITH EARNEST MONEY PROVISION
BETWEEN COLUMBIA NURSERY,INC. AND CITY OF KENT
The Buyer and Seller agree to extend the feasibility period for an additional thirty (30)days,
commencing January 22 and ending February 22, 1999 (excluding President's Day, February 15,
1999) at 5:00 p.m. The extended feasibility period will run concurrently with the lease negotiations.
Seller has until 5:00 p.m. on Friday, January 22, 1999,to accept this Addendum to the Real
Estate Purchase and Sale Agreement, as written, by delivering a signed copy to Buyer.
All other terms of the Real Estate Purchase and Sale Agreement dated October 29, 1999
remaining in full force and effect.
IN WITNESS WHEREOF,the parties hereto have executed this Addendum on the date set
forth below.
BUYER: qDate.
E
R-
THE CITY OF KENT INC.
I A
By:
JIM ITE, a or
Dated: / ^ ' 9
APPROVED AS TO FORM:
ER . VVICH, City Attorney
_r
P.\C iviBC ONTRACT\oolumbiamrseryeddendum.doe
ADDENDUM TO REAL ESTATE PURCHASE AND SALE AGREEMENT 1 of 1
THIRD ADDENDUM TO
REAL ESTATE PURCHASE AND SALE AGREEMENT
WITH EARNEST MONEY PROVISION
BETWEEN COLUMBIA NURSERY,INC. AND CITY OF KENT
The Buyer and Seller agree as follows:
1. Buyer will deposit with the escrow agent $2,650,000 in an interest bearing account upon
removal of all remaining contingencies in the Real Estate Purchase and Sale Agreement
dated October 29, 1998.
2. At Buyer's expense, Buyer shall provide, deliver, and install an above-ground storage tank
with a minimum capacity of 8,000 gallons for use by Seller during the short-term lease. Any
increase in capacity shall be at Buyer's discretion. Buyer shall retain ownership of the above-
ground storage tank upon termination of the Lease. In the event Seller removes the USTs
and delivers a clean site pursuant to paragraph 3 below, and Buyer fails to close on the
transaction, ownership of the above-ground storage tank shall revert to the Seller.
3. Seller shall have the three underground storage tanks("USTs")removed by a certified tank
decommissioner according to MTCA requirements and pursuant to WAC 173-360 and the
Kent City Code. The USTs shall be removed in the presence of an environmental
inspector/consultant retained by the City of Kent. The site shall then be certified as a clean
site by DOE and the City of Kent Fire Department.
4. Seller shall remove the chlordane and any pesticides not currently permitted for use/storage
in the State of Washington from the property within six months of closing the sale. This
condition shall be reflected in Sellers lease of the property from Buyer.
5. When the conditions described above(excluding the condition of removal of chlordane noted
in paragraph 3 above)have been met and upon removal of all remaining contingencies,the
transaction will be closed and the funds shall be disbursed to Seller.
6. Seller's consent and execution of this Addendum will release the Buyer's feasibi ' st dy
contingency.
7. Seller has until 5:00 p.m. on Friday, February 5, 1999,to accept this Sesend Addendum to 7'
the Real Estate Purchase and Sale Agreement, as written, by delivering a signed copy to
Buyer.
8. All other terms of the Real Estate Purchase and Sale Agreement dated October 29, 1998 and
the Addendums dated January 11, and 22, 1999 shall remaining in full force and effect.
THIRD ADDENDUM TO REAL ESTATE PURCHASE AND SALE AGREEMENT 1 of 2
9. This Third 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 IA GREENHOUSE,INC.
r-
By:
JI ITE, May �-�q NOJI
Dated �' / / Title:
2— Date:
APPROVED AS TO /FORM:
G R ICH, City Attorney J
P:SC CONTRACT\oolum mnvwr1y&ddwWum2.doc
THIRD ADDENDUM TO REAL ESTATE PURCHASE AND SALE AGREEMENT 2 of 2
9. This Third 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 .A MB GREENHOUSE,INC.
By:
JIM ayor n
Dated: Titl
Date:
APPROVED AS TO FORM:
!�04E V�ICH,�City Attorney J
P:\Civif\CONTRACT\ooiumbianurseryadderidum2.doc
THIRD ADDENDUM TO REAL ESTATE PURCHASE AND SALE AGREEMENT 2 of 2
ADDENDUM TO
REAL ESTATE PURCHASE AND SALE AGREEMENT
WITH EARNEST MONEY PROVISION
BETWEEN COLUMBIA NURSERY,INC. AND CITY OF KENT
The Buyer and Seller agree to extend the feasibility period for an additional thirty(30)days,
commencing January 22 and ending February 22, 1999 (excluding President's Day, February 15,
1999)at 5:00 p.m. The extended feasibility period will run concurrently with the lease negotiations.
Seller has until 5:00 p.m. on Friday, January 22, 1999,to accept this Addendum to the Real
Estate Purchase and Sale Agreement, as written, by delivering a signed copy to Buyer.
All other terms of the Real Estate Purchase and Sale Agreement dated October 29, 1999
remaining in full force and effect.
IN WITNESS WHEREOF,the parties hereto have executed this Addendum on the date set
forth below.
BUYER: SE ER
THE CITY OF KENT COL IA G NHOUSE,INC.
». By:
JIM ITEAMavo
Dated: "' / Ti
Date. y�
APPROVED AS TO FORM: "<1
ER �ICH, City Attorney
P:1C iviRCO NTRACTIcolum bianurseryaddendum.doc
ADDENDUM TO REAL ESTATE PURCHASE AND SALE AGREEMENT 1 of 1
FOURTH ADDENDUM TO
REAL ESTATE PURCHASE AND SALE AGREEMENT
WITH EARNEST MONEY PROVISION
BETWEEN COLUMBIA NURSERY, INC. AND CITY OF KENT
The Buyer and Seller agree to extend the short-term lease negotiation period for
an additional eighteen (18) days, commencing February 22, 1999 and ending
March 12, 1999.
The Buyer and Seller further agree to extend the closing date to April 30, 1999 or
no later then ten (10) days after the removal of the Underground Storage Tanks
and certification of a clean site.
Seller has until 11:59 p.m. on Tuesday, March 9, 1999, to accept this Addendum
to the Real Estate Purchase and Sale Agreement, as written, by delivering a
signed copy to Buyer.
All other terms of the Real Estate Purchase and Sale Agreement dated October
29, 1999 remain in full force and effect.
This Fourth 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: S
ELLER:
THE CITY OF KENT A REENHOUSE, INC.
By:
Q'e4n-
WHIT , Mayor
Dated: 7'- / 2 Ti
Dat
APPROVED AS TO FORM:
R E OVICH, City Attorney J
Addendum Number Four 1 of 1 03/02/99
Real Estate Purchase & Sale Agreement
Columbia Nursery, Inc.
LAW OFFICES
RODNEY H.Y. WONG
318 SIXTH AVENUE SOUTH,SUITE 110
SEATTLE,WASHINGTON 98104
FAX: (206)682-2554
(206)682-2552
April 16, 1999
Pacific Northwest Title
116 Washington Avenue North
Kent, Washington 98032
Attn.: Ms. Jean Johnson, Escrow Closer
Re: Columbia Greenhouse,Inc. - City of Kent Sale
Escrow No. 63048309
Dear Jean:
The parties to the above named escrow hereby provide the following escrow instructions and
agree as follows:
1. Except as provided below, all contingencies to the Sale Agreement, dated October
29, 1998 and the three addendum thereto, are removed and/or waived by the parties.
2. The parties instruct escrow to deposit the sale funds of$2,650,000 including earnest
money, in an interest bearing account for the benefit of the Seller. Upon closing of this sale, any
interest earned on said sale funds shall become the property of the Seller and shall be disbursed
to Seller on closing. In the event that this sale fails to close, said sale funds and all interest
earned thereon shall be the property of Buyer and shall be returned to the Buyer.
3. Buyer is to wire the funds to escrow pursuant to the attached instructions.
Notwithstanding the above, it is agreed between the parties that Seller is still responsible for
complying with Section 3 of the Third Addendum as a condition to closing of the sale. Seller is
to remove the four underground storage tanks rather than the three as stated in Section 3 of the
Third Addendum.
It is further agreed between the parties that Section 4(f) and 4(g) of the Sale Agreement are not
contingencies of this sale but rather, covenants of the Seller, which shall survive closing of the
sale. Seller shall continue to supply water to the property at the address of 12605 S.E. 248th,
Kent, WA 98031 as long as Seller remains a tenant under the premises lease with the Buyer_
If you have any questions, please do not hesitate to call me or Roger Lubovich, City Attorney.
Very truly truly yours,
Rodney W
RW:Jy
98040R.L2
Page-2
98040R.L2
The parties hereby acknowledge and approve of the above terms.
a eeot�se,,�Inc. The Ci f Kent
By:
Herb oji, esiden Ji ite, Mayor
Dated: X;z O q Dated:`' r�
04/13/99 11:44 FAX PAC NW TITLE KENT 002
PACIRC NORTHWEST TITLE
Company of Washington, Inc.
WIRING INSTRUCTIONS
TO THE ACCOUNT OF: PACIFIC NORTHWEST TITLE COMPANY
OF WASHINGTON) INC.
ACCOUNT NUMBER: 67143313
ABA NUMBER: 125000024
BANK: SEAFIRST BANK
COMMERCIAL ACCOUNT SERVICE CENTER
900 rwrH AvENuE
SEATrLE, WA 98104
***PLEASE REFERENCE THE ESCROW NUMBER LISTED BELOW***
ESCROW NUMBER: a3a
CLOSER: JEAN JOHNSON
CLIENTS NAME: U �N /"V'C_'
In order for the incoming wire to be properly posted, it is imperative that the escrow
number be referenced. Should the reference information be missing or incomplete,
there may be a delay in posting the incoming wire and the disbursal of loan pro-
ceeds.
Please call Jean Johnson or Jann Kuhn at (253) 520-0805 if
there are any questions.
FIFTH ADDENDUM TO REAL ESTATE PURCHASE
AND SALE AGREEMENT WITH EARNEST MONEY PROVISION
BETWEEN COLUMBIA NURSERY, INC. AND THE CITY OF KENT
This Addendum amends the Real Estate Purchase and Sale Agreement with
Earnest Money Provision fully executed on October 29, 1998, between the Columbia
Nursery, Inc. and the City of Kent; and further amends Addendum One, fully executed on
January 11, 1999; Addendum Two, fully executed on January 22, 1999; Addendum Three,
fully executed on February 4, 1999; Addendum Four, fully executed on March 4. 1999; and
further amends the letter, dated April 16, 1999, between the parties which is attached
hereto as Exhibit "A", and incorporated herein by reference as if fully set forth herein as
follows:
1. The parties hereby instruct escrow to hold back, in an interest bearing
account, FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00) of the purchase price
for the Seller's hazardous waste clean up costs on the property. Escrow shall release the
funds upon either: (1) the receipt by both Seller and Buyer of authorization to disburse
funds based upon a "No Further Action" letter from the Department of Ecology for the
hazardous waste clean up on the subject property; or(2)the completion of three (3) years
from the date of closing of the purchase and sale transaction; whichever event occurs first.
Upon receipt of a "No Action Letter," all funds in the account shall paid to Seller. Upon the
completion of three (3)years from the date of closing, and a "No Further Action" letter from
the Department of Ecology is not received by escrow, all funds in the account shall be paid
to Buyer to be used by Buyer to the extent necessary to clean the site in order to secure
a "No Further Action" letter from the Department of Ecology with any remaining funds to
be returned to Seller. The parties may mutually agree to extend the three (3) year period
for clean up.
2. In the event that the levels of groundwater contamination as shown in the
Underground Storage Tank Closure and Independent Remedial Action Report of July 30,
1999, and Results of Additional Sampling Report dated September 20, 1999, show no
decline by July 5, 2000, and the contaminate levels still exceed MTCA standards, then both
the Buyer and Seller agree to investigate other methods of clean up, including but not
limited to the use of Oxygen Release compounds (ORC) on tank Pits#1 and #3 and in the
event the levels show no decline by July 5, 2001, the Seller shall remove the contaminated
mud from the bottom of former tank Pit #1 as identified in said reports.
3. It is further agreed between the parties that Section 4(f) relating to the subject
drainfield easement, King County Recording No. 7402220397, and Section 4(g) relating
to removal of property are not contingencies of the sale, rather covenants that shall survive
closing which provisions are hereby incorporated by reference as if fully set forth herein.
Additionally, Seller shall continue to supply water to the property at the address of 12605
SE 248th, Kent, WA 98031, as long as Seller remains a tenant under the premises with
the Buyer pursuant to the Lease Agreement as set forth in paragraph 4 of the Purchase
and Sale Agreement.
':: —L
Fifth Addendum Page 1of 2 Buyer's Initia4� Seller's Initia
11/03/99
4. The provisions of this Addendum do not act as an accord and satisfaction or
otherwise compromise or release the obligations of Seller under the indemnification
provisions of the Purchase and Sale Agreement.
5. All contingencies set forth in Paragraph 4 of the Purchase and Sale
Agreement, except Paragraphs 4(f) and 4(9) as noted above as covenants, are hereby
removed and/or waived by the parties.
6. The earnest money set forth in City of Kent Purchase Order No. 163005,
dated August 27, 1998, in the amount of $100,000.00 is hereby released by Seller and
returned to Buyer.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date set forth below.
BUYER: SELLERS:
THE CITY OF KENT UMB EENHOUSE, INC.
By. A.
WHI , Mayor Its:
Dated: ,f�-3''— Dated:
APPROVED AS TO FORM:
B
GER A. LUBOVICH, City Attornev,
Fifth Addendum Page 2of 2 Buyers Init' 1 Seller's Initi
11/03/99
LAW OFFICES
RODNEY H.Y. WONG
318 SIXTH AVENUE SOUTH,SUITE 110
SEATTLE,WASHINGTON 98104
FAX: (206)682-2554
(206)682-2552
April 16, 1999
Pacific Northwest Title
116 Washington Avenue North
Kent, Washington 98032
Attn.: Ms. Jean Johnson, Escrow Closer
Re: Columbia Greenhouse, Inc.- City of Kent Sale
Escrow No. 63048309
Dear Jean:
The parties to the above named escrow hereby provide the following escrow instructions and
agree as follows:
1. Except as provided below, all contingencies to the Sale Agreement, dated October
29, 1998 and the three addendum thereto, are removed and/or waived by the parties.
2. The parties instruct escrow to deposit the sale funds of$2,650,000 including earnest
money, in an interest bearing account for the benefit of the Seller. Upon closing of this sale, any
interest earned on said sale funds shall become the property of the Seller and shall be disbursed
to Seller on closing. In the event that this sale fails to close, said sale funds and all interest
earned thereon shall be the property of Buyer and shall be returned to the Buyer.
3. Buyer is to wire the funds to escrow pursuant to the attached instructions.
Notwithstanding the above, it is agreed between the parties that Seller is still responsible for
complying with Section 3 of the Third Addendum as a condition to closing of the sale. Seller is
to remove the four underground storage tanks rather than the three as stated in Section 3 of the
Third Addendum.
It is further agreed between the parties that Section 4(f) and 4(g) of the Sale Agreement are not
contingencies of this sale but rather, covenants of the Seller,which shall survive closing of the
sale. Seller shall continue to supply water to the property at the address of 12605 S.E. 248th,
Kent, WA 98031 as long as Seller remains a tenant under the premises lease with the Buyer_
If you have any questions,please do not hesitate to call me or Roger Lubovich, City Attorney.
Very truly yours,
�i/
Rodney, Ong
RWjy
98040R.L2
98040 EXHIBIT
Page-2
98040R.L2
The parties hereby acknowledge and approve of the above terms.
4;Oji
nhouse,Inc. The City of Kent
By:
'dent Ji te,MayorL Dated:
r y.
Alt
PACIFIC NORTHWEST TITLE
Company of Washington, Inc.
City of Kent
Park Department
220 4th Ave. S. , 4t❑ Floor
Kent, Washington 98032
Attention: Lori Flemm
Order No. : 333242
Your Ref. : 145162
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
1201 Third Avenue • Suite 3800 r Seattle, WA 98101-3055 - (206) 622-1040 A Fax: (206) 343-1358
http://pnwt.com
POLICY OF TITLE INSURANCE 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 of Policy shown in Schedule A, against loss or damage, not
exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured
by reason of:
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 encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of
the title, as insured, but only to the extent provided in the Conditions and Stipulations.
IN WITNESS WHEREOF, Pacific Northwest Title Insurance Company, Inc. has caused this
policy to be signed and sealed by its duly authorized officers as of the Date of Policy shown in
Schedule A.
President
PACIFIC NORTHWEST TITLE Countersigned by:
Insurance Conapam.,Inc. a
h -=�
`xtauF lNtp,4 Authorized Signatory
W4 tC
�3 GOa9aadiF �
SEAL Compac� ...
�C6928 .p� �70�Wer
t'<dMIM91�
Waftow
City,State ..
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,
attorneys'fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or
regulations) restricting, regulating, prohibiting or relating to in the occupancy, use, or enjoyment of the land; (ii) the character,
dimensions or location of any improvement now or hereafter erected on the land;(III)a separation in ownership or a change in the
dimensions or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection,or the effect of any
violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a
notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the
public records at Date of Policy.
(b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a
notice of a defect, lien or encumbrance resulting from 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 notice of the exercise thereof has been recorded in the public records at Date of Policy,but
not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a
purc baser for value without knowledge.
3. Defects, liens,encumbrances,adverse claims or other matters:
(a) created,suffered,assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and
not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under
this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(a) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or
interest insured by this policy.
0-1093- 758 s 2
ALTA OWNER'S POLICY—10-17-92
Extended Coverage
PACIFIC NORTHWEST TITLE INSURANCE COMPANY, INC.
A.L.T.A. OWNER'S POLICY
SCHEDULE A
Order No. : 333242 Policy No. : 1093-75852
Policy Date: November 15, 1999 Policy Amount: $2, 650, 000.00
at 15 :00 p.m.
1. Name of Insured:
CITY OF KENT, a municipality
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
4 . The land referred to in this Policy is described as follows:
As on Schedule A, page 2, attached.
Policy No. : 1093-75852
SCHEDULE A
Page 2
The land referred to in this policy is situated in the county of King,
state of Washington, and described as follows :
PARCEL A:
The north 690 feet of the east 660 feet of the west 940 feet of
northwest quarter of the southeast quarter of Section 21,
Township 22 North, Range 5 East, W.M. , in King County, Washington;
EXCEPT that portion thereof lying within Southeast 248th Street, a
portion thereof conveyed to King County by deed recorded under
Recording No. 4755711;
AND EXCEPT the following described Parcel :
That portion of the northwest quarter of southeast quarter of
Section 21, Township 22 North, Range 5 East, W.M. , in King County,
Washington, described as follows:
Beginning at the northwest corner of said subdivision;
thence south 88054155" east, along the north line thereof 698 .90
feet to the TRUE POINT OF BEGINNING;
thence continue south 88054155" east, along said line 120.10 feet;
thence south 0°58 '24" west, parallel to the west line of said
subdivision 150 feet;
thence north 88054155" west 122 .90 feet to the east line of a
60 foot wide right of way as described in lease agreement recorded
under Recording No. 6362294, page 2a, records of King County,
Washington;
thence north 2002 '35" east, along said line 150.02 feet to the TRUE
POINT OF BEGINNING;
EXCEPT that portion thereof lying within Southeast 248th Street, a
portion thereof conveyed to King County by deed recorded under
Recording No. 4755711.
END OF SCHEDULE A
Owner' s Extended Coverage
PACIFIC NORTHWEST TITLE INSURANCE COMPANY, INC.
A.L.T.A. OWNER'S POLICY
SCHEDULE B
Policy No. : 1093-75852
This policy does not insure against loss or damage by reason of the
following:
GENERAL EXCEPTIONS:
1. 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.
2 . (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.
3 . Taxes or special assessments which are not shown as existing liens
by the public records.
4 . Any service, installation, connection, maintenance, capacity, or
construction charges for sewer, water, electricity or garbage
removal.
5. Indian tribal codes or regulations, Indian treaty or aboriginal
rights, including, but not limited to, easements or equitable
servitudes.
SPECIAL EXCEPTIONS:
1. RESERVATIONS AND EXCEPTIONS CONTAINED IN DEED FROM NORTHERN PACIFIC
RAILROAD COMPANY:
Reserving and excepting from said lands so much or such portions
thereof as are or may be mineral lands or contain coal or iron, and
also the use and the right and title to the use of such surface
ground as may be necessary for mining operations and the right of
access to such reserved and excepted mineral lands, including lands
containing coal or iron, for the purpose of exploring, developing
and working the same.
(continued)
Policy No. : 1093-75852
A.L.T.A. OWNER'S POLICY
SCHEDULE B
Page 2
RECORDING NUMBER: 210613
NOTE: No examination has been made to determine the present record
owner of the above minerals, or mineral lands and appurtenant
rights thereto, or to determine matters which may affect the lands
or rights so reserved.
2. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN,
INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING:
GRANTEE: Pacific Northwest Bell Telephone
Company, a Washington corporation
PURPOSE: Line or telephone and telegraph
AREA AFFECTED:
Located 5 feet east of centerline of private 13 foot road,
centerline of said private road being the north and south 1/32 line
between the northwest quarter of the northwest quarter of the
southeast quarter (NW1/4NW1/4SE1/4) and the northeast quarter of
the northwest quarter of the southeast quarter (NW1/4NW1/4SE1/4) of
above said Section 21, Township 22 North, Range 5 East, W.M. , lying
south of S.E. 248th Street
RECORDED: May 24, 1962
RECORDING NUMBER: 5431050
3 . EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN,
INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING:
PURPOSE: A septic tank disposal field system
AREA AFFECTED: Parcel A
RECORDED: February 22, 1974
RECORDING NUMBER: 7402220397
4 . EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN,
INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING:
GRANTEE: King County Water District No. 111,
a municipal corporation
PURPOSE: Water mains with necessary
appurtenances
(continued)
Policy No. : 1093-75852
A.L.T.A. OWNER'S POLICY
SCHEDULE B
Page 3
AREA AFFECTED:
South 5 feet of that portion of west 940 feet of northwest quarter
of southeast quarter of Section 21, Township 22 North, Range 5
East, W.M. , in King County, Washington, lying east of east line of
west half of said northwest quarter of southeast quarter
RECORDED: May 7, 1974
RECORDING NUMBER: 7405070551
5. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF:
BY AND BETWEEN: City of Kent and Kent Associates
DATED: November 20, 1981
RECORDED: January 5, 1982
RECORDING NUMBER: 8201050015
REGARDING:
Sanitary sewer Late comer agreement.
6. Cascade Sewer District Resolution Number 2133, recorded November
29, 1984, under Recording Number 6411290641, wherein said sewer
district imposes certain annexation charges and costs.
7. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON PROPERTY
HEREIN DESCRIBED AS GRANTED IN DEED:
RECORDED: December 11, 1956
RECORDING NUMBER: 4755711
GRANTEE: King County
B. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON PROPERTY
HEREIN DESCRIBED AS GRANTED IN DEED:
RECORDED: July 19, 1961
RECORDING NUMBER: 5307767
GRANTEE: King County
AFFECTS: Parcel B
END OF SCHEDULE B
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PACIFIC NORTH.W.M- TITLE OMPANY NORT
Order No. 3 33 `+- 1
IMPORTANT: This is not a Plat of Survey. It is famished as a convenience to locate the land
indicated hereon with reference to streets and other land. No liability is assumed by reason of SOUTF
reliance hereon.
NOTICE OF ACQUISITION OF PARK LAND
Date: November 18, 1999
To: Jerry McCaughan, Property Management
Brenda Jacober, City Clerk
Rick Weiss, Park Maintenance
Ada Marvosh, Customer Service
Barbara Ekstrom, Finance
Chris Hills, Risk Manager
From: Lori Flemm, Park P nnin & Development
The City of Kent purchased the property listed below on November 5, 1999.
Previous Owner: Herb Noji, Columbia Greenhouse Inc., 12525 SE 2481h Street,
Kent, Washington 98031
Parcel Number: 212205-9132-06, 212205-9140-06
Acreage: 21.84 acres
Address: 12525 SE 248th Street, Kent, Washington 98031
Purchase Price: $2,650,000.00
Structure/improvements: Leased Structures
Future Use: City of Kent Public Works and Parks Maintenance Facility
Currently Known As: Columbia Greenhouse Nursery
C: John Hodgson, Parks and Recreation Director
�ait
PACIFIC NORTHWEST TITLE
Company of Washington, Inc.
City of Kent
Park Department
220 4" Ave. S. , 4" Floor
Kent, Washington 98032
Attention: Lori Flemm
Order No. : 333242
Your Ref. : 145162
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
1201 Third Avenue A Suite 3800 A Seattle,WA 98101-3055 & (206) 622-1040 - Fax: (206) 343-1358
http://pnwt.com
Extended Coverage
PACIFIC NORTHWEST TITLE INSURANCE COMPANY, INC.
A.L.T.A. OWNER'S POLICY
SCHEDULE A
Order No. : 333242 Policy No. : 1093-75852
Policy Date: November 15, 1999 Policy Amount: $2, 650, 000.00
at 15:00 p.m.
1. Name of Insured:
CITY OF KENT, a municipality
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
4 . The land referred to in this Policy is described as follows:
As on Schedule A, page 2, attached.
Policy No. : 1093-75852
SCHEDULE A
Page 2
The land referred to in this policy is situated in the county of King,
state of Washington, and described as follows:
PARCEL A:
The north 690 feet of the east 660 feet of the west 940 feet of
northwest quarter of the southeast quarter of Section 21,
Township 22 North, Range 5 East, W.M. , in King County, Washington;
EXCEPT that portion thereof lying within Southeast 248th Street, a
portion thereof conveyed to King County by deed recorded under
Recording No. 4755711;
AND EXCEPT the following described Parcel:
That portion of the northwest quarter of southeast quarter of
Section 21, Township 22 North, Range 5 East, W.M. , in King County,
Washington, described as follows:
Beginning at the northwest corner of said subdivision;
thence south 88054/55/1 east, along the north line thereof 698.90
feet to the TRUE POINT OF BEGINNING;
thence continue south 88-54 -55" east, along said line 120.10 feet;
thence south 0-5812411 west, parallel to the west line of said
subdivision 150 feet;
thence north 88054/55/1 west 122.90 feet to the east line of a
60 foot wide right of way as described in lease agreement recorded
under Recording No. 6362294, page 2a, records of King County,
Washington;
thence north 2002135/, east, along said line 150.02 feet to the TRUE
POINT OF BEGINNING;
EXCEPT that portion thereof lying within Southeast 248th Street, a
portion thereof conveyed to King County by deed recorded under
Recording No. 4755711.
END OF SCHEDULE A
Owner' s Extended Coverage
PACIFIC NORTHWEST TITLE INSURANCE COMPANY, INC.
A.L.T.A. OWNER'S POLICY
SCHEDULE B
Policy No. : 1093-75852
This policy does not insure against loss or damage by reason of the
following:
GENERAL EXCEPTIONS:
1. 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.
2. (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.
3 . Taxes or special assessments which are not shown as existing liens
by the public records.
4. Any service, installation, connection, maintenance, capacity, or
construction charges for sewer, water, electricity or garbage
removal.
5. Indian tribal codes or regulations, Indian treaty or aboriginal
rights, including, but not limited to, easements or equitable
servitudes.
SPECIAL EXCEPTIONS:
1. RESERVATIONS AND EXCEPTIONS CONTAINED IN DEED FROM NORTHERN PACIFIC
RAILROAD COMPANY:
Reserving and excepting from said lands so much or such portions
thereof as are or may be mineral lands or contain coal or iron, and
also the use and the right and title to the use of such surface
ground as may be necessary for mining operations and the right of
access to such reserved and excepted mineral lands, including lands
containing coal or iron, for the purpose of exploring, developing
and working the same.
(continued)
Policy No. : 1093-75852
A.L.T.A. OWNER'S POLICY
SCHEDULE B
Page 2
RECORDING NUMBER: 210613
NOTE: No examination has been made to determine the present record
owner of the above minerals, or mineral lands and appurtenant
rights thereto, or to determine matters which may affect the lands
or rights so reserved.
2 . EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN,
INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING:
GRANTEE: Pacific Northwest Bell Telephone
Company, a Washington corporation
PURPOSE: Line or telephone and telegraph
AREA AFFECTED:
Located 5 feet east of centerline of private 13 foot road,
centerline of said private road being the north and south 1/32 line
between the northwest quarter of the northwest quarter of the
southeast quarter (NW1/4NW1/4SE1/4) and the northeast quarter of
the northwest quarter of the southeast quarter (NWl/4NWl/4SE1/4) of
above said Section 21, Township 22 North, Range 5 East, W.M. , lying
south of S.E. 248th Street
RECORDED: May 24, 1962
RECORDING NUMBER: 5431050
3. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN,
INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING:
PURPOSE: A septic tank disposal field system
AREA AFFECTED: Parcel A
RECORDED: February 22, 1974
RECORDING NUMBER: 7402220397
4. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN,
INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING:
GRANTEE: King County Water District No. 111,
a municipal corporation
PURPOSE: Water mains with necessary
appurtenances
(continued)
Policy No. : 1093-75852
A.L.T.A. OWNER'S POLICY
SCHEDULE B
Page 3
AREA AFFECTED:
South 5 feet of that portion of west 940 feet of northwest quarter
of southeast quarter of Section 21, Township 22 North, Range 5
East, W.M. , in King County, Washington, lying east of east line of
west half of said northwest quarter of southeast quarter
RECORDED: May 7, 1974
RECORDING NUMBER: 7405070551
5. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF:
BY AND BETWEEN: City of Kent and Kent Associates
DATED: November 20, 1981
RECORDED: January 5, 1982
RECORDING NUMBER: 8201050015
REGARDING:
Sanitary sewer Late comer agreement.
6. Cascade Sewer District Resolution Number 2133, recorded November
29, 1984, under Recording Number 8411290641, wherein said sewer
district imposes certain annexation charges and costs.
7. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON PROPERTY
HEREIN DESCRIBED AS GRANTED IN DEED:
RECORDED: December 11, 1956
RECORDING NUMBER: 4755711
GRANTEE: King County
8. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON PROPERTY
HEREIN DESCRIBED AS GRANTED IN DEED:
RECORDED: July 19, 1961
RECORDING NUMBER: 5307767
GRANTEE: King County
AFFECTS: Parcel B
END OF SCHEDULE B
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PACIFIC NORTHWEST TITLE� OMPANY NORTH
Order No. 3 33 2 4- 1, 1
IMPORTANT: This is not a Plat of Survey. It is furnished as a convenience to locate the land
indicated hereon with reference to streets and other land. No liability is assumed by reason of SOUTT
reliance hereon.
NOTICE OF ACQUISITION OF PARK LAND
Date: November 18, 1999
To: Jerry McCaughan, Property Management
Brenda Jacober, City Clerk
Rick Weiss, Park Maintenance
Ada Marvosh, Customer Service
Barbara Ekstrom, Finance
Chris Hills, Risk Manager
From: Lori Flemm, Park P nnin & Development
The City of Kent purchased the property listed below on November 5, 1999.
Previous Owner: Herb Noji, Columbia Greenhouse Inc., 12525 SE 248" Street,
Kent, Washington 98031
Parcel Number: 212205-9132-06, 212205-9140-06
Acreage: 21.84 acres
Address: 12525 SE 248`h Street, Kent, Washington 98031
Purchase Price: $2,650,000.00
Structure/improvements: Leased Structures
Future Use: City of Kent Public Works and Parks Maintenance Facility
Currently Known As: Columbia Greenhouse Nursery
C: John Hodgson, Parks and Recreation Director
PACIFIC NORTHWEST TITLE
Company of Washington, Inc.
November 5, 1999
CITY OF KENT
220 4TH AVE S.
KENT, WA 98032
RE: Our Escrow Number: 63048309
COLUMBIA GREENHOUSE/CITY OF KENT
Property: 12525 SOUTHEAST 248TH STREET, KENT, WA 98031
Dear LORI FLEMM:
The above-referenced escrow transaction has been completed. We
enclose the following:
Closing Statement - RETAIN FOR TAX PURPOSES
We appreciate this opportunity to have been of service to you.
Very truly yours,
JAN19 KUHN
ESCROW ASSISTANT
( 253) 520-0805
JK
Enc.
KENT OFFICE
116 Washington Avenue North a Kent,WA 98032-5717 a (253) 520-0805 a F= (253)520-0864
8/88 http://pnwt.com a email:kent@pnwt.com
OMB No.2502-0285
A. U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT B. TYPE OF LOAN:
1. FHA 2. FMHA 3. CONV.UNINS.
4. VA 5. CONV.INS. X6. Cash
Final S. FILE NUMBER 7. LOAN NUMBER
63048309
B. MTG INS CASE NO
C. NOTE This form Is furnished to give You a statomont of mutual costs.Amounts paid to and by the settlement agent an shown.
Items nmd%d '(p.o.u.)"were paid outside the closing:they am shown hen for Informational purposes and are not Included In the totals.
D.NAIPE OF e0moAWL CITY OF KENT
Ammm 220 4TH AVE S. , KENT WA 98032
E. 1omoFauaft COLUMBIA GREENHOUSE, INC.
ADDIme: 1252 SE 248TH STF KENT WA 98031 TIN:
F. MOM OF UMOSt
AOOFAM
G. PNOPEM LOGTION:
12525 SOUTHEAST 248TH STREET KENT WA 98031
H. aErnmasIrAtsar PACIFIC NORTHWEST TITLE PHONE NUMBER: (000) 000-0000
Anwom 116 WASHINGTON AVENUE NORTH K T, WASHINGTON 98032 TIN: 91-1202822
PACEDFfornumsePal,. PACIFIC NORTHWEST TI E Closing ate: 11 05 99
AOO119S
J. SUMMARY OF BORROVAWS TRANSACTION K SUMMARY OF SEUXIrS TRANSACTION
100.t2nDas AMOUNT DUE FROM NOMloaAft 400.GN AtiPO W DIE TO SELLER
101.Contract sale. price ,650100 .00 401.Contract sale.price 2,650,000.00
102. Personal property 402.personal property
103.Settlement charges to bonewor(Ilne 1400) 3,597.50 4op.
104. 404.
105. 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
106.Assessments to 4 .Assessments to
109. 400.
110. 410.
Ill. 41JNT. EARNED FOR SELLER 36,050.80
112. 412.
120.G�AM011trr DUE PINION N°MMY^Wt ,653,597.50 420.GROSS AMDWrOUETO SELLER: 2,686,050.80
200.AMOUNTS PtMO r ON NO BELIALF OF m&UILNcFgM6 N AMOUNT DUE TO SHl6G
201.Deposit or earnest money 501.Excess depooit(ses Instructions)
202.Principal amount of new loon(s) 502.Settlement charges to sellenline 1400) 183,267.49
203.Existing loan(s)taken subject to 503.Existing lean(s)taken subject to
204APD r' Q01AL BUYER DEPOSIT 2t650,000.00 511,11.Payoff of first mortgage loan
205DEPOSIT FROM BUYER 3,597.50 505.Payoff of second mongers loan
206. 500.
207. 507LBOLDBACK 50, 00.00
208. 500.
209. 1 509.
Adjustments for Items unpaid by seller: Adjustments for Items unpaid by seller:
210.City/town taxes to 510,CltyAown taxes to
211.County taxes to 517.County taxes to
212.Assessments to 512.Assessments to
213. 513,
214. 514.
215. 515.
216. 51e.
217. 517.
21e. Ole.
219. Its.
220.TOTAL PAtD ORKA INONNDVJM 2r653r597.50 ggg-TOfAL"""0N AMOUNT DIIE aBam 233,267.49
300.CAM AT WrfL MEOFr PNOW10 aOaNaINIELc 000.GIN AT SET71191Bgr TO/INOM M3119k
301.Gross amount due from bunower(line 120) 21653,597.50 801.Graes amount due to seller(liss 420) 2,686,050.80
302.Less amounts paid by/for borrowor(lino 220) ,653,597.50 N2.Less total reductions In amount due solleglino 520) 233,267. 49
GAM rLLDPa TD aDNNDNsb 0.00 003.WN XTD FtgM BalE7[ 2,452,783.31
information n n an an es or, net sae a nee an s mponan ax n pima on
and is being furnished to the Interpol Revenue Service. If you are required to file a raurn,a nefligenes penalty of other unction will be Imposed on you If this Item Is required to be
reported and the IRS determines that It has not been reported.
SELLM IM nVRWf DIF If this real estate was your principal residence. file Form 2119,Sale or Exchange of Principal Residence,for any gain,with your Income tax return:for other
transactions,complete the applicable pant of Form 4797,Form SM2 end/or Schedule D(Form 1040)•
You are required by law to provide with your correct taxpayer Identification number.
If you do not provide with Your correct taxpayer Identification number,you may be subject to civil or criminal penalties.
Under penalties of perjury I senity that the number shown on this statement Is my monfict taxpayer Identification number.
Seller
PAGE 2 OF OMB No.2502-0205
File 63048309 L . �T{� PAID FROM! PSEUlMrS
Final FUNDS FUNDS
Tao.TWALSAL&SANWKms�aaseden,s2,650,000.00e s. 127,85 .00 ATSE'TTLEMENT AT SETTLEMENT
Division of Commission (Ilne 700)as follows:
701.$ + 127,850.00 to BELL ANDERSON & ASSOCIATES
702.f to
Commission paid at settlement 127,850.00
704. to
800. ME PAYAME W COWMWn0N WITH LOW
801.loan Origination fee %
802.Loan Discount %
803.Appraisal fee to
Ill Credit Report to
805.Landau's Inspection too to
808.Mortgage Insurance• plication Poo to
807.Assumption Fee to
808. to
Boo to
810. to
811. to
812. to
900. HEMS REOUYM BY LENDER TO BE PAID HN ADVANCE
901.Interest from to ®f /des
902.Mortgage Insurance premium for mo. to
903.Hazard Insurance premium for yrs. to
➢04. to
905.
1000. RESERVES DEPOSITED W" LENDER
1001.Hazard Insurance Mo.*$ per mo.
1002.Monsege insurance Mo.*$ per Mo.
1003.City property taxas mo.e5 per Mo.
1004.County property taxes Mo.®S fair Mo.
1005.Annual assessments(Malnt.) Mo.*f per mo.
1005. mo.®S per Mo.
1007. Mo.®f par Mo.
1005. Mo.@$ per Mo.
1100. TITLE CHARGES.
1101.Settlement or closing fee to PACIFIC NORTEMEST TITLE 1,357.50 1,357.50
1102.Abstract or title search to
1103.Title saaminatiun to
1104.Title insurance binder to
1105. Document preparation to EDWIN C. LAGERQU ST, ATTY. 20.00 20.00
1100.Notary too to
1107.Attorney's fee to to
(Includes above Items No.:
1108.Title Insurance #333242 to PACIFIC NORTHWEST TITLE 2,213. 27 2,213. 27
(includes above Items No.:
110D.Lendsr's coverage f
1110.Owner's cowry a 2,650,000.00 4,426.54 (4076.00 + 350.54
1111. to
1112. to
1113. to
1114. to
1200. GOVERNMENT RECORDING AM TRMIEig11 CHARGES
1201. Recording fees•. Deed$ 13.4-% s Rol.$ 6.73 6.72
1202.City/county tax/stam :Dined$ Mrts S
1203.State tax/stamps: Deed f King f
i2a. EXCISE TAX LIABILITY to KING COUNTY TREASURY 47,170.0
1205. to
1205. to
1300. ADDRI)NAL SETTLEMHfT CHARGES
1301.Survey to HALLIN & ASSOCIATES 4,650.0
1302. Post Inspection to
1303. to
1304. to
1306. to
1400. TOTAL SETTLBIBfT CHARGES M ring,IS&season,J sad seas. 3,597 .50 183,267 .49d
CEIti1F'ICATION
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 1 have
received a copy of HUD-1 Settlement Statement.
Borrowers Sellers
Th HUD-i S ttl m rat St t ment Which I Ireve p ad is a true and accurate account of this transaction. I have caused or
wl� cause the gun�a�o be �in uned in accordance we its statement.
Settlement Agent Data
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 and imprisonment. For details see: Title 18: U.S. Code Section 1001 and Section 1010.