HomeMy WebLinkAboutPK1996-0213 - Original - Patricia Cavender Beeson - Purchase of 812 East Temperance - 11/05/1996 }
REAL ESTATE PURCHASE AND SALE AGREEMENT
with EARNEST MONEY PROVISION
with PATRICIA CAVENDER (aka Patricia Cavender Beeson)
This contract controls the terms of the sale of real property.
(Please read carefully before sicmincr. )
Agreement between the City of Kent, a Washington municipal
corporation, whose mailing address is 220 4th Ave . S, Kent,
Washington 98032 , ( "Buyer" ) , and Patricia Cavender (aka Patricia
Cavender Beeson) , whose mailing address is 1005 East Roy Street ,
Seattle, Washington 98102 (206) 322-1005 , (206) 813-2118 (message
line) , ( "Seller" ) , entered into in Kent, Washington, this 157-4_ day
of N oJe.,,to zr 1996 .
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
following described real estate, commonly known to be located at
812 East Temperance, Kent, Washington 98031 (the "Property" ) , which
Buyer agrees to buy and Seller agrees to sell, 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 in Exhibit A, incorporated herein by this
reference . Said purchase order will be converted to check upon
final acceptance of this agreement by Seller.
PURCHASE PRICE The total purchase price for the Property is
One hundred twenty five and no/100 dollars ($125, 000 . 00) payable in
cash in full at closing.
Cavender/Beeson.pur Page 1
[X] CONTINGENCIES: This agreement is contingent upon
acceptance of its terms by the Kent City Council and upon approval
by the Hearing Examiner of the Conditional Use Application to
utilize the Keck (Bereiter) home as a museum and/or public meeting
facility.
1 . REPRESENTATIONS:
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(a) Buyer acknowledges that Seller makes no representations or
warranties, implied or express, regarding the physical condition of
the Property. Buyer agrees that Buyer is buying the Property "AS
IS" and accepts the Property in its present condition.
(b) Seller represents that there are no lease (s) which would
encumber the property including lease (s) of equipment except that
it is understood that the two hot water tanks in the house may be
leased. Accordingly, Seller shall assume all liability for said
lease (s) and shall keep the property free from any encumbrances
resulting from the same .
(c) Buyer waives receipt of a real property transfer
disclosure statement under RCW Chapter 64 . 06 .
2 . TITLE: Seller to provide title insurance at closing, to be
issued by Stewart Title Company of Washington Inc . , 1201 Third
Avenue . Suite 3800 , Seattle, Washington 98101 . Title to the
property is to be free from all encumbrances or defects
except : Special Exception Number 1 in the Stewart Title
Company Preliminary Title No . 300486 , dated October 2 , 1996
(Exhibit A) Encumbrances to be discharged by Seller shall be
paid from Seller' s funds at the date of closing. The
following shall not be deemed encumbrances or defects : Rights
Cavender/Beeson.pur Page 2
reserved in federal patents or state deeds; building or use
restrictions consistent with current zoning, and utility and
road easements of record.
3 . 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. Seller
shall pay for 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.
4 . CLOSING OF THE SALE: WITH THE UNDERSTANDING THAT TIME IS OF
THE ESSENCE FOR THIS AGREEMENT, this sale shall be closed by
January 31, 1997 . If the hearing examiner has not issued a
decision on Buyers request for a Conditional Use Permit as
noted above, or if a decision has been issued approving a
Conditional Use Permit and such decision has been appealed,
then either party may terminate this agreement and the earnest
money will be refunded to Buyer, unless the parties otherwise
mutually agree to extend the date of closing. When notified,
the Buyer and Seller will deposit, without delay, in escrow
with Stewart Title Company, 116 Washington Avenue North,
Kent, Washington 98032 , 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.
S . POSSESSION: Buyer shall be entitled to possession on
Cavender/Beeson.pur Page 3
closing, subject to Seller' s right to remove personal property
set forth below. Seller agrees to pay the Buyer the sum of
$20 . 00 for each day of possession beyond the date of agreed
possession. (Said payment shall be the sole responsibility of
the Seller, due on demand. )
6 . PERSONAL PROPERTY: Seller agrees to remove all personal
property located on the Property no later than 30 days after
closing. Seller agrees that his or her "personal property"
shall include all items, whether considered of value or not by
Seller, not classified as fixtures . Seller and Buyer
expressly agree that Buyer shall have the right to inspect the
Property prior to closing for the purpose of determining the
property to be removed.
7 . SELLER' S ENVIRONMENTAL REPRESENTATIONS : Seller represents
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 of 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 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 Seller' s obligation for breach of a representation
or warranty as may be set forth herein.
8 . ADDITIONAL PROVISIONS: This agreement is subject to the
Cavender/Beeson.pur Page 4
following additional provisions :
(A) CONVEYANCE
Title shall be by Warranty Deed free of encumbrances except
those noted in Paragraph 2 above .
(B) TITLE INSURANCE
Buyer is authorized to apply for a preliminary commitment for
a standard form Buyer' s policy of title insurance to be issued
by such title insurance company as the Buyer may designate .
Said preliminary commitment, and the title policy to be issued
shall contain no exceptions other than those provided for in
such standard form and encumbrances or defects noted in
paragraph two hereof . 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 be terminated.
(C) ENTIRE AGREEMENT
THIS AGREEMENT, INCLUDING ALL INCORPORATED EXHIBITS,
CONSTITUTES THE FULL UNDERSTANDING BETWEEN SELLER AND BUYER
(and AGENT, if applicable) . THERE HAVE BEEN NO VERBAL OR
OTHER AGREEMENTS THAT MODIFY THIS AGREEMENT.
(D) DEFAULT AND ATTORNEY' S FEES
If the Seller defaults in his or her contractual performance
herein, the Buyer may seek specific performance pursuant to
the terms of this agreement , damages, or recision. If the
Buyer seeks damages or recision, the earnest money, upon
demand, shall be returned in full to the Buyer. If the Buyer
defaults in its contractual performance herein, the earnest
money, upon demand, shall be forfeited to the Seller and shall
Cavender/Beeson.pur Page 5
be the sole and exclusive remedy for default available to the
Seller. In the event of litigation to enforce any of the
terms or provisions herein, the prevailing party shall be
entitled to recover costs and attorney' s fees, including any
on appeal or to enforce a judgement, in addition to any other
relief .
(E) INCLUDED ITEMS
The following items are included in the sale unless noted
otherwise : linoleum, window screens, screen doors, plumbing
and light fixtures (except floor, standing and swag lamps) ,
attached cabinets and drawers , attached television antennas,
attached carpeting, built-in appliances, shades, Venetian
blinds, curtain rods, all attached bathroom fixtures, attached
apparatus and fixtures, awnings , ventilating, heating and
cooling systems, all outbuildings, barns, garages and their
attached fixtures, shelving and other appurtenances, attached
irrigation equipment, and any oil or other fuel on hand at
time of possession, unless otherwise specified.
(F) 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.
(G) NOTICE TO SELLER, PURCHASER, AND AGENT/BROKER
This form contains customary provisions for an agreement for
the purchase and sale of residential 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
Cavender/Beeson.pur Page 6
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. Federal law may impose certain duties upon
Brokers or Signatories when any of the signatories receive
certain amounts of U.S . currency in connection with a real
estate closing. )
9 . AGREEMENT TO PURCHASE: Seller hereby acknowledges receipt of
copy of this agreement . Buyer offers to purchase the above
property on the above terms and conditions . Seller shall have
until 5 : 00 p.m. , November 5 , 1996 to accept this offer by
delivering a signed copy thereof to Buyer.
6 a9 r ",-
ji White, Mayor Date
10 . SELLER' S ACCEPTANCE: `� 11��<= ti? =� 1996 ,
Seller agrees to sell the property on the terms and conditions
specified herein. Seller acknowledges receipt of a copy of
this agreement , signed by oth -pa�ties .
i
(SELLER) (SELLER)
Cavender/Beeson.pur Page 7
l /
Phone :
Seller' s Address : /d eS 2 ��`7 C
APPROVED AS TO FORM:
ROGER A. LUBOVICH
CITY ATTORNEY
Cavender/Beeson.pur Page 8
EXHIffIT A
COMMITMENT FOR TITLE INSURANCE ISSUED BY
PACIFIC NORTHWEST TITLE INSURANCE COMPANY, INC., a Washington corporation,
herein called the Company, for a valuable consideration, hereby commits to issue its policy
or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured
named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in
the land described or referred to in Schedule A, upon payment of the premiums and charges
therefor; all subject to the provisions of Schedules A and B and to the Conditions and
Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed Insured and
the amount of the policy or policies committed for have been inserted in Schedule A hereof
by the Company, either at the time of the issuance of this Commitment or by subsequent
endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance
and all liability and obligations hereunder shall cease and terminate six months after the
effective date hereof or when the policy or policies committed for shall issue, whichever
first occurs, provided that the failure to issue such policy or policies is not the fault of the
Company.
Signed under seal for the Company, but this Commitment shall not be valid or binding
until it bears an authorized Countersignature.
IN WITNESS WHEREOF, Pacific Northwest Title Insurance Company, Inc. has caused its
corporate name and seal to be hereunto affixed by its duly authorized officers on the date
shown in Schedule A.
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PACIFIC NORTHWEST TITLE
Insurance Company, Inc.
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City,State
American Land Title Association commitment-1966 (Rev.3/78)
STEWART TITLE COMPANY
OF WASHINGTON, INC.
1201 Third Avenue, Suite 3800
Seattle, Washington 98101
Senior Title Officer, Mike Sharkey
Title Officer, Diana L. Cardenas
Unit No . 12
FAX Number 206-343-1330
Telephone Number 206-343-1327
City of Kent Parks Department
220 South 4th, 4th Floor Title Order No . : 300486
Kent, Washington 98032
Attention: Helen Wickstrom
Customer Ref . : BEESON
A. L. T. A. COMMITMENT
SCHEDULE A
Effective Date : October 2 , 1996 , at 8 : 00 a .m.
1 . Pacific Northwest Title Insurance Company Policy(ies) to be issued:
ALTA Owner' s Policy Amount TO BE AGREED UPON
Standard (X) Extended ( ) Premium
Tax
Proposed Insured:
TO FOLLOW
2 . The estate or interest in the land described herein and which is
covered by this commitment is fee simple .
3 . The estate or interest referred to herein is at Date of Commitment
vested in:
PATRICIA CAVENDER BEESON, as her separate estate
(NOTE : SEE SPECIAL EXCEPTION NUMBER 3 REGARDING EXECUTION OF THE
FORTHCOMING DOCUMENT (S) TO BE INSURED) .
4 . The land referred to in this commitment is situated in the County of
King, State of Washington, and described as follows :
As on Schedule A, page 2, attached.
Order No . 300486
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 :
That portion of Government Lot 1, Section 19, Township 22 North,
Range 5 East, W.M. , in King County, Washington, and of an unnumbered
Tract shown on the plat of Clark ' s First Addition to the Town of
Kent, according to the plat thereof recorded in Volume 5 of Plats,
page 62 , in King County, Washington, described as follows :
Beginning at a point on the south line of Temperance Street as shown
on said plat 246 feet east of the east line of Jason Street ;
thence east along the south line of Temperance Street 95 . 50 feet;
thence south parallel to the east line of Jason Street 110 feet ;
thence west parallel to the south line of Temperance Street 95 . 50
feet ;
thence north parallel to the east line of Jason Street 110 feet to
the point of beginning;
(ALSO KNOWN AS City of Kent Lot Line Adjustment Number LL-89-10 ,
recorded under Recording Number 8904050709, in King County,
Washington) .
END OF SCHEDULE A
STEWART TITLE COMPANY OF WASHINGTON, INC.
A.L.T.A. COMMITMENT
Schedule B Order No . 300486
I . The following are the requirements to be complied with:
A. Instruments necessary to create the estate or interest to be
insured must be properly executed, delivered and duly filed for
record.
B . Payment to or for the account of the grantors or mortgagors of
the full consideration for the estate or interest to be insured.
II . Schedule B of the Policy or Policies to be issued (as set forth in
Schedule A) will contain exceptions to the following matters unless
the same are disposed of to the satisfaction of the Company:
A. Defects, liens, encumbrances , adverse claims or other matters,
if any created, first appearing in the public records or
attaching subsequent to the effective date hereof but prior to
the date the proposed Insured acquires for value of record the
estate or interest or mortgage thereon covered by this
Commitment .
B . GENERAL EXCEPTIONS :
1 . Rights or claims of parties in possession not shown by the
public records .
2 . Public or private 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 . Any service, installation, connection, maintenance, capacity,
or construction charges for sewer, water, electricity or
garbage removal .
8 . General taxes not now payable or matters relating to special
assessments and special levies, if any, preceding the same
becoming a lien.
9 . Indian tribal codes or regulations , Indian treaty or. aboriginal
rights, including, but not limited to, easements or equitable
servitudes .
C. SPECIAL EXCEPTIONS : As on Schedule B, attached.
Order No . 300486
A.L.T.A. COMMITMENT
SCHEDULE B
Page 2
SPECIAL EXCEPTIONS :
1 . COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS CONTAINED IN LOT
LINE ADJUSTMENT, COPY ATTACHED:
RECORDED : April 5 , 1989
RECORDING NUMBER: 8904050709
2 . GENERAL AND SPECIAL TAXES AND CHARGES : FIRST HALF DELINQUENT MAY 1,
IF UNPAID: SECOND HALF DELINQUENT NOVEMBER 1 , IF UNPAID:
YEAR: 1996
TAX ACCOUNT NUMBER: 192205-9144-06
LEVY CODE : 1525
CURRENT ASSESSED VALUE : Land: $46 , 000 . 00
Improvements : $47, 500 . 00
GENERAL TAXES :
AMOUNT BILLED: $1, 487 . 47
AMOUNT PAID: $ 743 . 73
AMOUNT DUE: $ 743 . 74
SPECIAL DISTRICT:
AMOUNT BILLED: $1 . 25
AMOUNT PAID: $0 . 63
AMOUNT DUE : $0 . 62
NOTE : IF THE TAXES AND CHARGES CANNOT BE DIVIDED EQUALLY BY 2 , THE
HIGHER AMOUNT MUST BE PAID FOR THE FIRST HALF PAYMENT.
3 . QUESTION OF THE EXISTENCE OF AN "AUTOMATIC HOMESTEAD" :
If the subject property is, or will be, the residence of a marital
community, even though the interest therein may be intended to be
the separate property of either spouse, execution of the proposed
encumbrance, conveyance or contract to convey must be by both
husband and wife, pursuant to R. C .W. 6 . 13 , which provides for an
"automatic homestead" , and R. C .W. 26 . 16 . 030 .
4 . Payment of Real Estate Excise Tax, if required.
The property described herein is situated within the boundaries of
local taxing authority of City of Kent .
Present Rate of Real Estate Excise Tax as of the date herein is
1 . 53% .
(continued)
Order No . 300486
A.L.T.A. COMMITMENT
SCHEDULE B
Page 3
5 . Until the amount of the policy to be issued is provided to us, and
entered on the commitment as the amount of the policy to be issued,
it is agreed by every person relying on this commitment that we will
not be required to approve any policy amount over $100 , 000, and our
total liability under this commitment shall not exceed that amount .
NOTE 1 : The application for title insurance included an address in lieu
of a valid legal description. The company has examined title
to the property, as set forth in Schedule A, which it believes
was intended by the applicant based on the information
provided. The legal description should be examined and
approved by the parties to this transaction prior to recording.
END OF SCHEDULE B
Title to this property was examined by:
Jon Cross
Any inquiries should be directed to one of the title officers set forth
in Schedule A.
cc : Stewart Title Escrow/Kent/Attn: Jean Johnson
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STEWART TITLE COMPANY OF WASHINGTON, INC. .NORTH
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IMPORTANT: This is not a Plat of Survev. 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 ,SOUTH
reliance hereon.
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4 I IN THE Si.'?==::OR COURT OF WASHINGTON FOR XI2:G CCUNTY
1
5 j+ PATRICIA CAVENDER --'75CN ) ;
j! as Personal Represe-.-ative ) j
6 of the ESTATE OF LILLIAN C. )
CAVENDER,deceased, )
! 7 j NO. -2-01C07-9
i Vs. ) ORDER Or AND DECREE
t - ) QUT_ETING "_'T_'_T'_E BY DEFAULT
^ JA: '.,ARBLE a/k/a
1C : A_,TER JAY ''IARBiE, )
i
7 rti li De`e7zant. ) I
TWIS "_ATTER on for hearing upon the Motion of Plaintiff
C")
?a=_ic'_a Ca%ender =eescn, as Personal Represent t1ve of the -Statc
75 of Lillian C deceased ("Plaintiff") for ;an Order and
C?C='ee Quiet' '--V Default aga_nst Defendant Jav r•Iarble "t:i a ;
1 falter Jay Marble. -e Court finds that no answer to Plainti S I
17
C^":D1a.1.^.t has =_ :ed Cr filerd, ,=h't a.^e t_.,7., for ans erinc ..as
1 yJ ax . '_red, and -.._- _-__ -was n�rocer, any: the Co ur 'cc"ng ctherse
'71dv see?, fore,
2C
IT IS HEREBY _ _ 'ED, ADJUDGED :,ND DECREED:
21 I} ro`4 -- -=ndant Jay :tarblc Jny as .
---
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a nercjv adjudCPd __, n default. _
v 23
<. 2 . fee sir'ipie ___.:1C' -'n in6 tc rho ^1.! 4'.sr tL'
'inq .Count: .s::_. -;ton de�;cribed in the attached ':xhibit
�7
i r.hcci .im! cor.` i.;•rr,d i_n ,'nYr, i C<hv�nrn~
CS: t'1c 7otato O' Lillian C.
OF -
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Cavender, Deceased, Estate of Lli1»n C• C '`'��-'`^' „c ?2cC3Q, and
t f - ---- c. cavender,
] 2 the heirs and devisees cf _^e �s..?te c- i
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A 3 Deceased.
-
4 3, Recording. �'2:is decree _4„ be "ecc_ded t.`=e ;y
' pert' records-
5 County, Washington __-_ pr _ Y
6 IT IS FURTHER ORDERED, ADJUDSE-- A?:7 D: :-at Jam_ 'ar
.�
7 I a/k/a Walter J. ?ar�_a is :erebv foreve- :.�_ d ha•. i. _ or I
�y
# _.._er2s _n. -�:ie proaer-y I
4 s asserting any right, t_tle, esta:.e _er.
F-
�! 9 or any part thereof d:erse to
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{ 10 DONE IN OPEN --
?: 13
Presented by:
2 14
l f� MONTGOMERY, PURDUE,
1 C Q 15 BLANKINSHIP & AUST1','
i 16
By
Robert ,I. bartlett
18 WA State Bar No. _ _
Attorneys for P1 i- =`
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! , THAT PORTION OF GCVER.Y?u--YT _'.C- 1, SECT:0N 19, 70'g,ISHIP 22 t;OR-'x, S
'u• WI.T.LA'�""'"E ."".cRIDI�I.Y, I'! x_..G ..,,_ .:', WALSF-11ICTCN, •.*•, C^ ,.;,�
5s ON THE PLAT OF C-..AR?,'S _ ?S --IC:: TC T= T^";W ACCC7,22., 7-10 PLAT
TH REOF, RECORDED IN VOLL=- C
DESCRIEED AS FOLLCiYs:.
HEGI*NING AT A POET^_ ON __ C? �.�?E� . "
!!!! 246 FEET EAST OF "' ^ EA SCN
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j �- n Ste^ DT
T EAST: ALONG SOG__
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THENCE SOUTH PARA TO _?.ST
T'.IENC WEST PAPALr=• TO T✓ _:1% C^ _�%?_ �';C _Y ,
=y THENC= NORTH PARAL TO _� Z:.5: �I. O 'aC:i n,.,T C
BEGINNING;
(ALSO tKNC-Il AS CIT'_' OF :D�S^}�.._ .:v: I✓-c_-" ^'�
! RECORDING NUMBER 89040507C9, =::G-CojJ N7"-, i^SrSi;GiC:;.1
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