HomeMy WebLinkAboutPK1997-0242 - Original - Dale W. & Lillian Snow - Purchase of Snow Property at 24869 132nd SE - 10/17/1997 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. S, Kent, Washington 98032, ("Buyer"), and
DALE W. SNOW and F.LILLIAN SNOW,Trustees, or their successors in trust, under The Dale
W. Snow and F. Lillian Snow Charitable Remainder Unitrust, dated March 7, 1997, whose mailing
address is 24869 132nd S.E.,Kent,Washington,98042 , ("Sellers"),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 Sellers agree to sell, is commonly known to be located at
24869 132nd S.E., Kent, Washington 98042 (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 Buyer, Five Thousand and No/100 Dollars
($5,000.00) in the form of a City of Kent purchase order, as earnest money and part payment on the
purchase price of the property.
3. PURCHASE PRICE. The total purchase price for the Property is One Million,
Three Hundred Ten Thousand, Five Hundred Fifty Dollars and No/100th Dollars ($1,310,550.00)
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 review and approval of the title report on the property prior to Closing.
(C) 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
1
and/or development by Buyer.
(2) If Buyer fails to notify Sellers of its approval of the Real Property, in
writing, on or before the expiration of the feasibility period,then this
Agreement shall terminate, and Buyer agrees to return the Real
Property to its original state (i.e., fill all boring holes, etc.).
(3) Buyer's feasibility study may include (but is not limited to) soil
studies,utilities availability and capacity, access availability, zoning,
preliminary architectural and engineering studies, marketing
feasibility.
(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 Sellers, to deliver to Sellers copies of all
information and documentation obtained by Buyer in connection with
its feasibility study.
(D) Sellers' subdivision of the property prior to closing,creating a new 2.109 acre
lot, where Sellers' existing residence is located as set forth in Exhibit B.
Additionally, the Sellers approve the Buyer's development plan as set forth
in Exhibit C (Park Developm nt Plan) and the thirty (30) foot access off
`ital"tA (I(.:Pe.,T f L la)
248th to their emi*rng residerzee. Buyer agrees to provide a{") foot wide
asphalt road to Seller's residence, and a six (6) foot high cyclone fence as a
buffer around the east and south property lines of their 2.109 acres at the time
of park development. Sellers will be all wMd ule Exiting access�l fe
i V !S1
time of park d velo nt. See-
(E) The Sellers have provided Buyer with the existing sixty (60) foot easement
to Sellers' property with Puget Power and grants the right to Buyer to obtain
a release of the easement from Puget Power at the time of park development.
At the time of park development, the Buyer agrees to place this utility
underground. Buyer shall grant non-exclusive gas, sewer, and water
easements at the time of park development.
2
(F) At the time of park development, Buyer will provide all stubouts to Sellers'
property line and the Sellers will have the right to hook onto the water, gas, and
sewer at the Sellers' expense. At the time of park development, the Buyer will pay
all latecomer charges and provide adequate fire hydrant to service Sellers' property.
Should any of these contingencies not be met prior to closing,then this Agreement
shall terminate except neither Buyer nor Sellers shall have any further rights, duties
or obligations hereunder, except that the Earnest Money held in Pacific Northwest
Title, by Buyer to Sellers shall be immediately returned to Buyer.
5. CONVEYANCE AND CONDITION OF TITLE. The title to the real property
shall be conveyed by Sellers 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,Sellers shall cause Stewart Title Company, 1201
Third Avenue, Suite 3800, Seattle,Washington 98101-3055,to issue a standard form owner's policy
of title insurance to Buyer in an amount equal to the total purchase price of the Real Property,
insuring title to the Real Property to be free from all encumbrances or defects. Encumbrances to
be discharged by Sellers shall be paid from Sellers' 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 or extend the time for Sellers'
performance of this condition, this agreement shall terminate.
7. CLOSING COSTS AND PROBATIONS. The cost of escrow shall be shared
equally between Buyer and Sellers, except those fees which are expressly limited by Federal
Regulation. Sellers shall pay for any 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 within 30 days following
approval of Sellers' application for subdivision on the property,but in no event, more than 120 days
from execution of this agreement, which shall also be the termination date of this agreement unless
3
r t ,
said closing date is extended in writing by mutual agreement of the parties. When notified, the
Buyer and Sellers will deposit, without delay, in escrow with Pacific Northwest Title, 116
Washington Avenue N., 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 Sellers.
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. SELLERS' REPRESENTATIONS. Sellers represent:
(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.
12. SELLERS' ENVIRONMENTAL REPRESENTATIONS. Sellers represent that
to the best of his/her knowledge that he/she is not aware of existence of, or has caused or allowed
to be caused, any environment condition (including, without limitation, a spill, discharge or
contamination) that existed as of and/or prior to the closing date or any act of 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
governmental entities. This provision shall survive the closing and be in addition to Sellers'
obligation for breach of a representation or warranty as may be set forth herein.
13. SELLERS' INDEMNITIES: Sellers agree to indemnify and hold harmless the
Buyer,against and in respect of,any and all damages,claims,losses,liabilities,judgments,demands,
fees, obligations, assessments, and expenses and costs, including, without limitation, reasonable
legal, accounting, consulting, engineering and other expenses which may be imposed upon or
4
incurred by Buyer, or asserted against Buyer, by any other party or parties (including, without
limitation,a governmental entity), arising out of or in connection with any 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 activities of Sellers or Sellers' predecessors in interest.
This indemnity shall survive the closing and be in addition to Sellers' obligation for breach
o a representation or warranty as mayl1 sett,forth herein. l✓ 'r - � aL mnw,,Li
14. OTHER. Sit
rv►Ctk- 42 a �I- l
15. DEFAULT AND ATTORNEY'S FEES.
(A) Buyer's Default. IF BUYER DEFAULTS HEREUNDER, SELLERS'
SOLE REMEDY SHALL BE LIMITED TO DAMAGES AGAINST PURCHASE
IN THE LIQUIDATED AMOUNT OF THE EARNEST MONEY PREVIOUSLY
PAID THE BUYER. BUYER AND SELLERS 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 SELLERS BELIEVE SAID AMOUNT TO BE A FAIR ESTIMATE OF
ACTUAL DAMAGES.
(B) Sellers'Default. IF SELLERS DEFAULT 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 parry shall pay all its own costs and attorney's fees.
16. NOTICE TO SELLERS. 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
o' h
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.
17. 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.
18. 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:
Lori Flemm
City of Kent
220 Fourth Avenue South
Kent, Washington 98032
(B) All notices to be given to Sellers shall be addressed as follows:
Mr. Dale W. and Mrs. F. Lillian Snow
24869 - 132nd SE
Kent, Washington 98042
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.
19. ENTIRE AGREEMENT. This agreement, including all incorporated exhibits,
constitutes the full understanding between Sellers and Buyer. There have been no verbal or other
agreements that modify this agreement.
20. 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.
21. 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
6
Agreement have executed this Agreement as indicated below.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the date set
forth below.
BUYER: SEL
THE CITY OF KENT �
By. By:
WHITE, Mayor Its S
Dat /l1- 7 - y 7 Dated
By:
Its: 'r USTE i--
Dated: 1 S
APPROVED AS TO FORM:
By:
OGER A. LUBOV H
CITY ATTORNEY
P-\LA W\F1LES\026 TSN0 W P&S.2A G
7
1
A
Order No. 293417
A.L.T.A. COMMITMENT
SCHEDULE A
Page 2
The land referred to in this commitment is situated in the county of
King, state of Washington, and described as follows:
The northeast quarter of the southeast quarter of Section 21,
Township 22 North, Range 5 East, W.M. , in King County, Washington;
EXCEPT the south 340 feet;
EXCEPT the west 660 feet;
EXCEPT the east 30 feet for road as conveyed to King County by deed
recorded under Recording Number 4164203;
EXCEPT the north 30 feet;
AND EXCEPT that portion described as follows :
Beginning at a point on the north line of said subdivision 660 feet
east of the northwest corner thereof;
thence south 160 feet;
thence east 80 feet;
thence nerth 160 feet;
thence west 80 feet to the TRUE POINT OF BEGINNING;
EXCEPT that portion lying within S .E. 248th Street;
AD1D EXCEPT the north 160 feet of the east 80 feet of the west 820
feet;
AND EXCEPT the north 160 feet of the east 80 feet of the west 985
feet of said subdivision;
AND EXCEPT the west 85 feet of the east 503 . 58 feet of the south 130
feet of the north 160 feet of said subdivision;
AND EXCEPT the following tract :
The west 84 feet of the east 484 .487 feet of the north 120 feet of
the south 490 feet of said subdivision;
EXCEPT that portion southerly of a curve with a radius of 20 feet,
said curve being tangent to south and west line of said tract;
EXCEPT the following tract:
The west 145 .00 feet of the east 175.00 feet of the north 105.00
feet of the south 475 .00 feet of portion lying southwesterly of a
curve with a radius of 20 feet, said curve being tangent to the
south and west lines of said tract;
AND EXCEPT the following tract:
Beginning at a point of intersection with a line which lies 30.00
feet south and 660 .00 feet east of the northwest corner of the
northeast quarter of the southeast quarter in Section 21,
Township 22 North, Range 5 East, W.M. , in King County, Washington,
which point is also the northeast corner of Lot 22, Plat of
Brookfield Addition, according to the plat thereof recorded in
Volume 103 of Plats, page 57, in King County, Washington;
thence south along the east line of said plat, a distance of 130.00
feet to the TRUE POINT OF BEGINNING of exception herein described;
(legal description, continued)
MMeMMM A (CMM NM)
Order No. 293417
A.L.T.A. COMMITMENT
SCHEDULE A _
Page 3
LEGAL DESCRIPTION, continued:
thence continuing south along said east line, a distance of 375.00
feet;
thence east parallel with the south lire of Southeast 248th Street,
a distance of 245.00 feet;
thence north parallel with said east lire to a point which lies
130 .00 feet south of the south line of said Southeast 248th Street;
thence west parallel with said south line, a distance of 245 . 00
feet, more or less, to the TRITE POINT CF BEGINNING.
END OF SCHEDULE
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.
Portion SE 21-22-05
hrnkeeme B
— _ it SO 7H S719664 a�f•/,i� �Q
,.
to
2 In
R
c �
M
Js
IfH. A
4
= fq _ A
w •e III
16
y A
w ••Mr
it
IQ M •fit, �• � QIT N
_ �' '• 1 SOTH Sr
d
14. f
gr►fl,+ rb
•
n 1V
YY 1
s TILIto E •. .+
Cn
9 1
STEWART TITLE COMPANY OF WASHINGTON, INC. NOR'
U�Ur� r
"A Trudidon
Order'No. 3 0.J -2
of Excellence"
IMPORTANT: This is not a Plat of Survey. It is !urnished as a convenience to locate the land
indicated hereon with reference to streets and other land. No tiability is assumed by reason of S'OU7
rcliance hereon.
Z %Z =`_017� 929 Z: ii c ix1 Cl NVOO:6 G6-tiZ-� Tis[ L iN J(d(��d:�S Lti3S
"EXH_IBIT U "
I I I �- ,{ I I '• pT
1201
LANDSCAPE BUFFER
I I I I k 30 1
EASEMENT FOR ACCESS
I ' i
FACII.1'M I I
I
IPhase 1■ 3 youth ballfields 250'
■ 2 youth soccer fields 200'x300' I '
■ restrooms
I +
■ parking for 90 vehicles I O f
(would require joint parking
to meet facility need) 1
L' I
I
I I
1
I
I L:
i I
I
I
I �
I , i
1 '
k ,
' - 1
r� 1
V RESTROOMS
+ '
asU I I I I I I I
PARKING SPAO ' PARKING
I I I I I I
— - - - - Tyr — - - - - J - - - - �
EAST HELL YOUTH SPORTS COMPLEX NO. 2
PREL NWARY MASMR MAN o' 50' 100•
AUGUST, 1997 Scale �� North
EXHIBIT C
1201
I I LANDSCAPE BUFFER
30'
- L - - J EASEMENT FOR ACCESS - _. •
- -..J..''� I 1
i
Phase 1
I
• 3 youth llfields 250' 1
■ 2 youth s cer fields 200'x300' i
• restrooms
■ parking for 9 vehicles I O ...,
I (would require Jol parkins O
I to meet facility n ad) I.:
ME
I I
r:
I 1
I �
• I
1
i•' ., RESTROOMS ;.I
�-- . , J
JPARKING 1 :1
Kos PARKINGILLMI
I I I I I I;• 1
EXN 181T D n
ADDENDUM -H- �!
to the Real Estate Purchase and Sale agreement between the City of Kent and The
Dale W. Snow and F. Lillian Snow Charitable Remainder Unitrust dated
March 7,1997.
Page 2 paragraph 4. (D) will include the following:
Y�cf�ht ,+o o�v�d d�v�tvp�me"-�- 9�11a�- vhs �Xis�hivtq a
�� c E �e 1 o J
4(D)(1) The Buye uarannLes eY%&ve access of thwe woe�uld allow development of the
Sellers' 2.109 acres If during the subdivision process, it is determined
the aforementioned access is not adequate to accommodate future development, the Buyer agrees to
alter the access required to do so in a manner acceptable to both parties.
Page 5 paragraph 14 will be changed as follows:
14.Right of first refusal . If the Sellers decides to sell or develop the 2.109 acres they have
retained at any time in the future, they will give written notice of their intentions to the City and the
City will have a right to purchase the property prior to sale or development. The price will be a
negotiated price between the two parties, but in the event a price cannot be agreed upon within 90
days,the parties will select an MAI appraiser acceptable to both of them and the purchase price
will be based on appraised value. The appraisal costs will be shared equally between the two
parties.
If the Buyer decides not to purchase the property at anytime during the above process, they will
give the Seller written notice and the Sellers will have the right to sell or develop their property.
PRMLA Form No.42
Agency Disclosure O copyright 1993
Rev.1123 Pugot Sound MuMple Listing Assorinflon
AGENCY DISCLOSURE ALL n16HT9 nEFEnvEn
Washington State law requires real estate licensees to disclose to the buyer and seller in a real estate transaction whether 1
the licensee represents the seller or the buyer. (See"NOTE", below.) 2
YOU ARE ADVISED THAT THE UNDERSIGNED IS THE AGENT OF THE SELLER, unless otherwise stated here: 3
Agent represents Seller.
4
COPY RECEIVED: ON 6/6/97 1g _ 5
BUYER LICENSEE Brad D Bell 6
(Signature)
(Print/Type)
ity of Kent COMPANY NAME 7
BUYER ASLICENSED Bell Anderson and Associates 8
(Signature) (Print/Type)
Instructions: This form is for the Selling Agent to give notice to the Buyer In every transaction. The Buyer's signature 9
should always be obtained, as proof that the notice was given. If the Selling Agent represents the Buyer(and not 10
the Seller)then this form should be used to give both the Buyer and Seller notice. In such case,the Seller should also 11
sign below. 12
SELLER DATE CO 19 13
Signature)
SELLER , DATE - 9
(Signature) 19 14
Instructions: If the Selling Agent represents the Buyer,then We advisable to send a copy of this to the Listing Office 15
before presentation of an offer. In any event,PSMLA pule No. 125 requires you to advise the Listing Office whether you 16
represent the Buyer or Seller, before presenting any offer. 17
COPY SENT TO LISTING OFFICE, DATE: 19 — 18
SELLING SALESPERSON t9
(Signature)
----------------------------------------- --
NOTE: Many prospective purchasers of real estate believe that the real estate agent who assists them in locating and 20
purchasing property (the so-called'selling agent's Is representing them as`their agent". To the contrary,in the typical multiple 21
listing transaction, the"selling agent"legally represents and is compensated by the seller. As a result,the"selling agent"is 22
under a legal duty to promote the best interest of the seller;to obtain for the seller the best possible offer; and to fully disclose 23
to the seller all facts which might affect or influence the seller. Of course, the real estate agent owes to both parties to a 24
transaction the obligation of good faith and fair dealing, and the duty to disclose all material facts adversely affecting the 25
property and known by one party but not reasonably ascertainable by the other party. 26
ADDENDUM AMENDING REAL ESTATE PURCHASE
AND SALE AGREEMENT WITH EARNEST MONEY PROVISION
WHEREAS,pursuant to the Real Estate Purchase and Sales Agreement With Earnest
Money Provision, fully executed between the parties hereto on October 17, 1997, the purchase of
the subject property by Buyer is conditioned upon the Seller's subdivision of the property prior to
closing pursuant to the terms of said Agreement; and
WHEREAS, the City of Kent short subdivision committee approved a subdivision
of the property on December 18, 1997; and
WHEREAS,pursuant to Kent City Code 12.04.270(B), a short subdivision shall not
be deemed approved until filed for record with the King County Auditor; and
WHEREAS,the parties desire to execute closing documents prior to recording of the
subdivision with the King County Auditor,
NOW, THEREFORE, the parties agree as follows:
1. The parties may execute all documents necessary to effectuate the closing pursuant to the
Purchase and Sales Agreement prior to recording of the short subdivision with the King
County Auditor. Final closing on the purchase of the property pursuant to said Purchase and
Sale Agreement shall not occur until the subdivision plat is recorded with the King County
Auditor.
2. Upon execution of the closing documents, Buyer shall pay to the escrow agent the purchase
price for said property as set forth in the Purchase and Sales Agreement. The funds received
from the Buyer by the escrow agent shall be deposited in an interest bearing account
mutually agreed upon by Buyer and Seller. The escrow agent shall hold a fully executed
deed from Seller to Buyer.
3. Upon the recording of the short subdivision plat with the King County Auditor, the escrow
agent shall record the executed deed of the subject property conveying title to said property
to Buyer and shall pay to Buyer all funds deposited on behalf of Seller with accrued interest
to Seller.
SELLER: BUYER:
THE DALE W. SNOW and F. LILLIAN CITY OF KENT
SNOW CHARITABLE REMAINDER
UNITR T
By: -�^ By:
DALE W. SNOW, TRUSTEE JI WHITE, AYOR
DATE: — _ 9 DAT
By:J
F. L LLIAN SNOW, TRUSTEE
DATE: /�,//z
P\LA WT1LES\0267\ADDENDUM.W PD
Standard Coverage
STEWART TITLE GUARANTY COMPANY
A. L. T.A. OWNER ' S POLICY
SCHEDULE A
Order No . : 293417 Policy No . : 9993-528085
Policy Date : February 20 , 1998 Policy Amount : $1, 310 , 550 . 00
at 12 : 33 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 :
Lot 2 of City of Kent Short Plat Number SP-97-32 recorded under King
County Recording Number 9802179012 , being a portion of the northeast
quarter of the southeast quarter of Section 21 , Township 22 North,
Range 5 East, W.M. , in King County, Washington.
Standard Coverage
STEWART TITLE GUARANTY COMPANY
A. L.T.A. OWNER ' S POLICY
SCHEDULE B
Policy No. : 9993-528085
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 equitable
servitudes .
SPECIAL EXCEPTIONS :
As on Schedule B, attached.
(continued)
Policy No. : 9993-528085
A.L . T.A. OWNER ' S POLICY
SCHEDULE B
Page 2
SPECIAL EXCEPTIONS :
1 . AN EASEMENT AFFECTING THE PORTION OF SAID PREMISES AND FOR THE
PURPOSES STATED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE
FOLLOWING:
FOR: Ingress , egress and utilities
DISCLOSED BY INSTRUMENT
RECORDED : July 6 , 1971
RECORDING NUMBER: 7107060063
AFFECTS : The south 30 feet of the east 470 . 487
feet of said premises
2 . EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING,
BUT NOT LIMITED TO, THE FOLLOWING:
GRANTEE : Puget Sound Power & Light Company, a
Washington corporation
PURPOSE : Electric transmission line
AREA AFFECTED : The westerly portion of said premises
RECORDED : June 22 , 1972
RECORDING NUMBER: 7206220587
3 . EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING,
BUT NOT LIMITED TO, THE FOLLOWING:
PURPOSE : Ingress, egress and utilities
AREA AFFECTED : The south 15 feet of the east 336
feet of said premises
RECORDED: February 21 , 1992
RECORDING NUMBER: 920221.2036
(continued)
Policy No. : 9993 -528085
SCHEDULE B
Page 3
4 . AGREEMENT AND THE TERMS AND CONDITIONS THEREOF :
BY AND BETWEEN: Dale W. Snow and F. Lillian Snow and
Phillip A. Heft and Marie A. Heft,
his wife
DATED : March 1 , 1972
RECORDED: March 7 , 1972
RECORDING NUMBER: 7203070086
REGARDING:
The right and priveledge (sic) and authority to remain connected to
and to use surplus water from well
5 . ROAD MAINTENANCE AGREEMENT AND THE TERMS AND CONDITIONS THEREOF, AS
HERETO ATTACHED :
BY AND BETWEEN: Alan Melrose, Farey Sebade, Dale W.
and Lillian Snow, Billy and Denise
England, Donald C. and Velma L.
(unreadable)
DATED: February 10 , 1992
RECORDED: December 22 , 1992
RECORDING NUMBER: 9212220836
AMENDMENT TO ROAD MAINTENANCE AGREEMENT AND THE TERMS AND CONDITIONS
THEREOF AS HERETO ATTACHED :
RECORDED : September 6 , 1994
RECORDING NUMBER: 9409060697
6 . AGREEMENT AND THE TERMS AND CONDITIONS THEREOF :
BY AND BETWEEN: Soos Creek Water and Sewer District ,
a Washington municipal corporation;
and Zion Lutheran Church
DATED: Not disclosed
RECORDED: April 10 , 1995
RECORDING NUMBER : 9504100476
REGARDING: Developer extension reimbursement
agreement
(continued)
Policy No . : 9993 -528085
SCHEDULE B
Page 4
7 . COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS CONTAINED IN SHORT
PLAT, COPY ATTACHED :
RECORDED : February 17, 1998
RECORDING NUMBER: 9802179012
8 . RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON PROPERTY
HEREIN DESCRIBED AS GRANTED IN DEED :
RECORDED: December 11 , 1956
RECORDING NUMBER: 4755698
GRANTEE : County of King
9 . RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON PROPERTY
HEREIN DESCRIBED AS GRANTED IN DEED :
RECORDED: August 24 , 1951
RECORDING NUMBER: 4164203
GRANTEE : King County
10 . NOTICE OF SEWER AND/OR WATER CONNECTION CHARGE :
GIVEN BY: Cascade Sewer District , King County,
Washington
DATED: November 29, 1984
RECORDED: December 14 , 1984
RECORDING NUMBER : 8412140950
11 . GENERAL AND SPECIAL TAXES AND CHARGES : FIRST HALF DELINQUENT MAY 1 ,
IF UNPAID : SECOND HALF DELINQUENT NOVEMBER 1 , IF UNPAID :
YEAR: 1998
TAX ACCOUNT NUMBER: 212205-9016-07
LEVY CODE : 1565
CURRENT ASSESSED VALUE : Land: $381 , 000 . 00
Improvements : $102 , 000 . 00
AFFECTS : Real estate under search and other
property
SPECIAL DISTRICT :
AMOUNT BILLED: $6 . 89
AMOUNT PAID : $0 . 00
AMOUNT DUE : $6 . 89
(continued)
Policy No. : 9993-528085
SCHEDULE B
Page 5
SPECIAL DISTRICT :
AMOUNT BILLED: $5 . 00
AMOUNT PAID: $0 . 00
AMOUNT DUE : $5 . 00
END OF SCHEDULE B
11/8084X
• DATE(MWM V V)
ANDORIL 09ifYINWE OF NSA. oh ,
Rlaaleul
INFORM MATTER OF
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
JSL ! CO. OF ATLANTA HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR
P.O. box 80707 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
GA 3036E-0707 COMPANIES AFFORDING COVERAGE
Atlanta,o
COMPANY
7 —47 —17 0 A CIGNA Insurance Companies
COMPANY
MFS Communications , Inc . 61 B U.S. Fi a Insurance Company
Metropolitan Fiber Systems ; a COMPANY
subsidiary of WorldCom, Inc . C
11800 Miracle Hills Dr . COMPANY
160154D
C YEAAGES _
.r .c• .-J�
?:i�'A • •,A: I-fPOLICAL5CFNSJPANCr-IS'eJ3F r hF•A .y; NcU�L ..A%':
BE=NSSa,L'. '.. - -
"DICA'EC.N:J'!J• I-S I A NDIJG A 4v or••JRrM .%!.'ERN UD,: ,Nr}I C:N--,I AN 1::3% •I ,"•:C i.ti::"r..::.11.\'•a•" .::'7• �.ti••.,-.''i .:i
CERT FICA TE MAYBE ISSUED OR MAY PEAT AN.THE INSURANCE AFFORDED BYTHFPOLICILSu1=SGRiULDmLAuPr,'�:iweL.:: :...•- -
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWNMAY HAVE BEEN REDUCED BY PAID CLAMS.
LT TYPE OF INSURANCE POLICY NLI a DATE IW�r I DATE(WDC VY)IOVEXPIRATION LIMITS
LTa
GENERAL LIABILITY GENERAL AGGREGATE S 2 QQ
A X COMMERCIAL GENERAL LIABILITY HDOGIO965074 7/01/96 7/01/99 pRODUCrscoMP/OPAGO S 2 0
CLAIMS MIADEFX OCCUR PERSONAL L ADV INJURY t 1 ,000,000 .
OWNER'S6 CONTRACTOR'SPROT EACH OCCURRENCE S 1 ,000,000
FIRE DAMAGE(Any one fire) S 1 000 000
MED EXP(Any one person) _
AVTOMOBLELIABLITY COMBINED SINGLE LIMIT )
A X ANY AUTO ISAH07130079 7/01/98 7/01/99 1 000 000
ALL OWNED AUTOS BODILY INJURY :
X (Per person)
SCHEDULED AUTOS
HIRED AUTOS BODILY INJURY =
X (Per accidwl)
X NON-OWNED AUTOS
PROPERTY DAMAGE {
AUTO ONLY .EA ACCIDENT 11
GARAGE LIABILITY
OTHER THAN AUTO ONLY:
ANY AUTO
EACH ACCIDENT S
AGGREGATE S
EACH OCCURRENCE S 25 000 000
EXCESSLIABLRY
B X UMBRELLA FORM 553051806-3 7/01/90 7/O1/99 AGGREGATE = 50 000 000
t
OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION AND ---^--_— X STATUTORY LIMITS
EMfN.orERs•LIABLnr WLRC42376140 ALL STAT 7/01/98 7/01/99 EACH ACCIDENT S 1000 000
A THE PROPRIETOR/ DISEASE POLICY LIMIT ) 1 000 000
PARTNERS/EXECUTIVE INCL WLRC42376164 MINNESOT 7/01/96 7/O1/99
OFFICERS ARE. EXCL DISEASE-EACH EMPLOYEE f 1 000 000
OTHER
A Workers Comp NWCC42376152 MA d WI 7/01/98 7/01/99
The City of Kent , its officers , officials, employees , agents , assigns and
volunteers are Additional Insureds as respects the Limited Street License
Save abilit of Ints • t applies . Th il in u ance i ima
SHOUW ANY OF THE ABOVE DESCRIBED POLICIES DE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAL
City of Kent 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
n: City Clark BUT FAILURE TO MAL SUCH NOTICE SMALL IMPO O OBLIGATION OR LIABLRY
Attn:At Fourth Avenue South OF ANY KID UPON THE OOMPANY. Iif Te SENTATIVES.
75 6000
Kent, WA 96403
ACORD 25-9($fBS) RD DRPO TIDN 1S9>f