Loading...
HomeMy WebLinkAboutPK05-149 - Original - Ilse Backhaus - Purchase and Sale 10806 SE 248th - 4/29/2005 i R� mefft Document CONTRACT COVER SHEET This Is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed, If you have questions, please contact Mary Simmons, City Clerks Office. Vendor Name: 6l j7z1e1;'; 6�Z6077 40- A-e . 105 115✓ /vG q Contract Number: PKOs- 4 1 This is assigned by Mary Simmons Vendor Number: Project Name_��GYG�S / rD f� / Glsiff� Contract Effective Date: Z�lDS Contract Termination Date: Contract Renewal Notice (Days): Number of days required notice for terrsination or renewal or amendment Contract Manager. Department: Abstract ems}- /�/ 49-t� ADCL7832 07/02 r 04/29/05 11:46 FAX 2539318231 SCHNEIDER,GIBSON&JARVEY 11002/008 REAL ESTATE PURCHASE AND SALE AGREEMENT This Agreement is entered into on April 26, 2005, between ELSE BACKHAUS, a single woman,as"Seller"and the CITY OF KENT,a Washington municipal corporation,as"Buyer." The Buyer agrees to buy and Seller agrees to sell,on the following terns,the property commonly known as 10806 SE 248e St.,Kent,King County,Washington 98031,and legally described as follows and all rights appurtenant thereto and all improvements thereon: THE LEGAL DESCRIPTION IS ATTACHED HERETO AS A SEPARATE EXHIBIT AND IS MADE A PART HEREOF. (Buyer and Seller authorize the Closing Agent to insert or correct, over their signatures,the legal description of the property.) PURCHASE PRICE. The purchase price is Four Hundred Twenty Thousand U.S. Dollars ($420,000.00 U.S.), including any earnest money deposit required pursuant to this Agreement. PAYMENT, All cash at the time of closing. BUYER CONTIN E�N=. THIS AGREEMENT IS CONDITIONED ON THE FOLLOWING: 1. Acceptance of the terms by the Kent City Council; and 2. Buyer's satisfaction,in Buyer's reasonable discretion, with all aspects of the property, including without litnitedon, its physical condition,the presence of or absence of any hazardous substances,and the feasibility of the property for Buyer's intended purposes. Any inspections,reports or analysis done pursuant to this contingency shall be ordered by Buyer and completed at Buyer's expense. The contingencies shall be conclusively deemed satisfied(waived)by Buyer unless within seven (7) days after mutual acceptance of this Agreement, Buyer gives notice of disapproval. If Buyer gives such notice,the earnest money shall be refunded to Buyer less any unpaid costs and this Agreement shall terminate. BUYER PU[ M SES"AS IS"!SELLER'S DISCLAIMER OF WARRANTIES. Buyer elects to purchase the Property and all improvements thereon"AS IS"and acknowledges that it is relying on its own pre-closing inspections and investigations and not on any representations or warranties from the Seller. Buyer expressly waives the right to have Seller complete and deliver a PURCHASE AND SALE AGREEMENT-i 04/29/05 11:47 FAX 2539318231 SCHNEIDER,GIBSON&JARVEY 9 003/008 Real Property Transfer Disclosure Statement required pursuant to RCW 64.06.020 or any other disclosure required by Federal,State or local statute or regulation. Buyer is assuming all defects,if any,to the property and improvements including,without limitation,any environmental hazards. CLOSING OF SALE. The closing agent shall be SCANEIDER,GIBSON&JARVEY, INC.,P.S. This Agreement shall be closed on May 13,2005 or sooner by agreement of the parties. POSSESSION AND ACCESS. The Buyer shall be entitled to possession on closing. "Closing"means the date on which all documents are recorded and the sale proceeds are available to Seller. The Buyer shall be allowed access to the property prior to closing in order to facilitate satisfaction of any condition of this Agreement and the Buyer shall indemnify and hold the Seller harmless from any injuries,damages,liabilities,claims,liens and other matters arising from any of Buyer's pre-closing activities on the property. No large earthmoving equipment shall be allowed on the property without Seller's prior consent. This hold harmless and indemnity provision shall survive closing or any earlier termination of this Agreement and is in addition to any other remedies provided for herein, including liquidated damages. CONDITION OF TITLE. Unless otherwise specified in this Agreement, title to the property shall be marketable at closing. The following shall not cause the title to be unmarketable: rights,reservations,covenants,conditions and restrictions presently of record and general to the area, easements and encroachments not materially affecting the value of or unduly interfering with Buyer's intended use of the property, and reserved oil and/or mining rights. Monetary encumbrances not assumed by Buyer shall be paid by the Seller on or before closing. TITLE INSURANCE. The Seller authorizes Closing Agent, at Seller's expense, to apply for a standard form buyer's policy of title insurance from Pacific Northwest Title. The preliminary commitment therefor,andthetitlepolicy to be issued,shall eontainno exceptions other than the General Exclusions and Exceptions in said standard form and those acceptable pursuant to the paragraph above entitled"Condition of Title." If title cannot be made so insurable prior to the closing date,the-earnest money shall,unless Buyer elects to waive such defects or encumbrances,be refunded to the Buyer less any unpaid costs and this Agreement shall terminate. _CONVEYANCING. Warnmty Deed. Title shall be conveyed by a Statutory Warranty Deed. PERFORMANCE. Time is of the essence of this Agreement. CLOSING COSTS AND PRORATION. Seller and Buyer shall each pay one-half of the escrow. The Seller shall pay real estate excise tax and Buyer shall pay recording fees for the deed and any financing instruments. Taxes for the current year,rent,interest,and lienable homeowner's association dues shall be prorated as of closing. If any payments are delinquent on encumbrances which will remain after closing,Closing Agent is instructed to pay them at closing from money due, or to be paid by,Seller. Utilities shall be prorated directly between the parties outside of closing. PURCHASE AND SALE AGREEMENT-2 04/29/05 11:47 FAX 2539318231 SCHNEIDER.GIBSON&JARVEY 9 004/008 NOTICES. Unless otherwise specified,any notice required or permitted in, or related to, this Agreement must be in writing; signed by any one Buyer or Sell and received by or at the office of the Closing Agent who for this limited purpose,shall be the Agent of both parties. Any time limit in or applicable to a notice shall commence on the day following receipt of the notice by the Closing Agent,unless that is a Saturday,Sunday or holiday,in which event it will commence on the next following business day. SELLER AND BUYER MUST KEEP CLOSING AGENT ADVISED OF THEIR WHEREABOUTS TO RECEIVE PROMPT NOTIFICATION OF RECEIPT OF ANOTICE. CLOSING AGENT HAS NO RESPONSIBILITY TO ADVISE OF RECEIPT OF A NOTICE BEYOND EITHER PHONING THE PARTY OR CAUSING A COPY OF THE NOTICE TO BE MAILED TO THE PARTY'S ADDRESS ON THIS AGREEMENT. FACSIMILE TRANSMISSION. Facsimile transmission of any signed original document, and retransmission of any signed facsimile, shall be the same as delivery of an original. At the request of either party,or the Closing Agent,the parties will confirm facsimile transmitted signatures by signing an original document. BUYER'S FUNDS TO CL s The Buyer represents that Buyer has sufficient funds to close this sale in accordance with this Agreement, and is not relying on any contingent source of funds or gifts unless expressly set forth elsewhere in this Agreement. EARNEST MONEY DEPO, SDI . The Buyer agrees to pay herewith Twenty Thousand and 00/100 Dollars($20,000.00)earnest money,in the form of City of Kent Purchase Order to be held by Closing Agent in Closing Agent's pooled trust account(with interest paid to The Legal Foundation of Washington). BROKERS. No brokers have been engaged by either party. If a claim for a commission is made based on alleged arrangements or agreements by either party that was not disclosed in this Agreement,the party allegedly ma"such arrangements or agreements shall indemnity and hold the other party and Closing Agent harmless from any such claim,including without limitation,any legal fees and costs in connection with defending against such claim. SUCCESSOR AND ASSIGNS. Subject to any restrictions against assignment, the provisions of this Agreement shall be binding on the heirs,successors and assigns of the Seller and the Buyer. APPLICABLE LAW. This Agreement shall be governed and interpreted in accordance with the laws of the State of Washington and the venue of any action brought to interpret or enforce any provisions of this Agreement shall be in the county where the property is situated. ENTIRE AGREEM„ENT. This Agreement constitutes the entire agreement of the parties and supersedes all prior agreements and understandings written and oral. This Agreement may be PURCHASE AND SALE AGREEMENT-3 i 04/29/05 11:48 FAX 2539318231 SCBNEIDERXIBSON&JARYEY h0005/008 amended only in writing executed by Seller and Buyer. A'iTORNEY'S FEES AND COSTS. In the event of any suit or action is instituted concerning this Agreement,the prevailing patty is entitled to recover reasonable attorney's fees and costs incurred in such suit or proceeding. DEFAULT. If Buyer fails,without legal excuse(grounds),to complete the purchase of the property, Seller shall have the option to either: (a)Retain the earnest money as liquidated damages; (b) Collect actual damages;or (c) Obtain specific performance together with any incidental damages. THIS AGREEMENT HAS BEEN PREPARED BY SCHNEIDER, GIBSON&JARVEY, INC. P.S. ACTING AS ATTORNEYS FOR SELLER. BUYER IS SPECIFICALLY ADVISED THAT THIS AGREEMENT SHOULD BE SUBMITTED TO BUYER'S ATTORNEY AND TAX SPECIALIST FOR THEIR REVIEW AND APPROVAL PRIOR TO SIGNING THIS AGREEMENT. NO REPRESENTATIONS OR WARRANTIES ARE MADE TO BUYERAS TO THE LEGAL SUFFICIENCY, LEGAL EFFECT OR TAX CONSEQUENCES OF THIS AGREEMENT,THE TRANSACTION DESCRIBED HEREIN,OR ANY ATTACHMENTS TO THIS AGREEMENT. AGREEMENT TO SELL AND TIM LEWT FOR ACCEPTANCE. The Seller offers to sell the property on the above terms and conditions. The Buyer has until 5:00 pm of April 29, 2005 to accept this offer (if not filled in,the day following the last Seller signature date below.) Acceptance is not effective until a signed copy hereof along with any earnest money is actually received by or at the office of Closing Agent If this offer is not so accepted, it shall lapse. SELLER:9AP- t3,a k[ � DATED Y-�b-taoS 'SELLER'S PHONE: Home: (253)351-6848 SELLER'S ADDRESS: PO Box 2656 Auburn,WA 98071 BUYER'S ACCEUANCE. The Buyer agrees to purchase the property on the terms and conditions herein. CITY OF BY: DATED BUYER'S ONE: office: (253) -5 . • • . �` '�5� "10© PURCHASE AND SALE AGREEMENT-4 04/29/05 11:48 FAX 2539318231 SCHNEIDER.GIBSON&JARVEY LinUuu/uue BUYER'S ADDRESS:City ofKent parks Department 220 4*Ave. S. Kent,WA 98032-5895 PURCHASE AND SALE AGREEMENT-5 04/29/05 11:49 FAX 2539318231 SCHNEIDER,GIBSON&JARYEY c uuriuuo �FGAL DESCRIPTION PARCEL A: The West 160 feet of the South 660 feet of the Southwest quarter of the Northeast quarter of Section 20, Township 22 North,Range 5 East, W.M., in King County,Washington; AND EXCEPT the South 273 feet thereof; TOGETHER WITH that portion of the Southwest quarter of the Northeast quarter of Section 20, Township 22 North, Range 5 East of the W.M., in King County,Washington,described as follows: Commencing at the Southeast corner of the Northeast quarter of said Section 20; Thence North 88°43'44" West, along the South Line of the Northeast quarter of said Section 20 2,399.37 feet; Thence North 01003'32" Easts 140.00 feet along an existing fence line to the North line of the South 140 feet of the Northeast quarter of said Section 20 and the TRUE POINT OF BEGINNING for this description; Thence continuing along said fence line North 03°03'32" East, 70.00 feet to the North line of Lot 1 of King County Short Plat R477018 as recorded under Recording Number 7804190934; Thence North 88°43'44" West, along said line 35.91 feet to the East line of the West 160 feet of the Northeast quarter of said Section 20; Thence South 01*52'47" West, along said line 70.00 feet to the North line of the South 140 feet of the Northeast quarter of said Section 20; Thence South 88'43'4" East, along said line 36.91 feet to the TRUE POINT OF BEGINNING AND TERMINUS OF THIS DESCRIPTION; AND TOGETHER WITH that portion of the Southwest quarter of the Northeast quarter of Section 20, Township 22 North, Range 5 East of the W.M.,in King County, Washington,described as follows: Commencing at the Southeast corner of the Northeast quarter of said Section 20; Thence North 88°43'44" West, along the South line of the Northeast quarter of said Section 20 2,399.37 feet; Thence North 01003'32" East, 210.00 feet along an existing fence line to the South line of Lot 2 of King County Short Plat No. R477018 as recorded under King County Recording Number 7804190934 and the TRUE POINT OF BEGINNING for this description; Thence continuing along said fence line North 001°03'32" East, 225.00 to the North line of said Lot 2; 04/29/05 11:49 FAX 2539318231 SCHNEIDER,G1J3bUN .JAxvn1 --- Thence North 88°43'44" West, along said line 32.69 feet to the East line of the West 160 feet of the Northeast quarter of said Section 20; Thence South 01052'47" West, along said line 225.01 feet to the South line of said Lot 2; Thence South 88°43'44" East, along said line 35.91 feet to the TRUE POINT OF BEGINNING and terminus of this description; AND TOGETHER WITH that portion of the Southwest quarter of the Northeast quarter of Section 20, Township 22 North, Range 5 East of the W.M.,in King County, Washington described as follows: Commencing at the Southeast comer of the Northeast quarter of said Section 20; Thence North 88°43'44" West, along the South line of the Northeast quarter of said Section 20 2,399.37; Thence North 01°03'32" East, 435.00 along an existing fence line to the South line of Lot 3 of King County Short Plat No. R477018 as recorded under Recording Number 7804190934 and the TRUE POINT OF BEGINNING for this description; Thence continuing along said fence line North 01°03'32"East, 224.63 feet to the North line of said Lot 3; Thence North 8804344" West, along said line 29.47 feet to the East line of the West 160 feet of the Northeast quarter of said Section 20; Thence South 01°52'47" West along said line 224.63 feet to the South line of said Lot 3; Thence South 88°43'44" East, along said line 32.69 feet to the TRUE POINT OF BEGINNING and terminus of this description, situate in King County,Washington; AND ALSO TOGETHER WITH an easement over the West 20 feet of the North 243 feet of said South 273 feet of the Southwest quarter of the Northeast quarter for ingress,egress and utilities. PARCEL B: The 160 of the South 273 feet of the Southwest quarter of the Northeast quarter of Section 20, Township 22 North, Range 5,East, W.M., in King County,Washington; EXCEPT the East 80 feet of the South 140 feet; AND EXCEPT the South 30 feet thereof for road by decree entered in King County Superior Court Cause No. 38376 recorded under Recording Number 259129 and by deed recorded under Recording Number 4755699. Tax Parcel Nos. 202205-9186-02&202205-9211-01 HUD-1 A.SETTLEMENT STATEMENT U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT OMB No.2502-0265 B. T e of Loan 1. FHA 2. ❑FmFIA 3.❑Conv.Unms• 6. File Number: 7. Loan Number. 8. Mortgage Insurance Case Number: 4. ❑VA 5. ❑Conv.Ins. 15449 C.NOTE:This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked"(p.o.c.)"were paid outside the closing;they are shown here for informational purposes and are not included in the totals. D.Name and Address of Borrower(s): E.Name and Address of Seller(s). City of Kent Ilse Backhaus FINAL 220 Fourth Ave.S. P.O.Box 2656 Kent,WA 98032 Auburn,WA 98071 F.Name and Address of Lender. G.Property Location. 10806 S.E.248th St. Kent,WA 98031 Place of Settlement: H Name of Settlement Agent. 901 E.Main Street Schneider,Gibson&Jarvey,Inc.P.S. Auburn,WA 98002 I.Settlement Date: 5-13-2005 101.Contract sales rice 760202.000 401 Contract sales rice' 720000.00 102.Personal roe 402.Personal property 103.Settlement charges to borrower line 1400 403. 105. 405. Adlustments for items paid by seller in advance Adiustments for items paid by seller in advance ENIMM 106 City/town taxes to 406.City/town taxes to 107.Countytaxes 5-13-2005 to 7- 1-2005 7410. 407.Countytaxes 5-13-2005 to 7- 1-2005 457.58 1 OR.Assessments to 409,Assessments to 109. 409. 110. Ill 411. 112 412. 201`.Deposit or earnest money 501.Exms de see instructions 202.Principal amount of new loans 502.Settlement charges to seller line 1400 10 067.60 203.Existin loans taken sub' ct to 503.Existtn loans taken sub ect to 204. 504.Payoff of first mortgage loan 205. 505.Payoff'of second mortgage loan 206 Received from Buyer 1 0 .58 506. 207. 507. f 208. 508. Ad*ustments for items unpaid seller Ad ustments for items unpaid by seller 210.City/town taxes to 510 Ci /town taxes to 211.County taxes to 511.County taxes to 212.Assessments to 512.Assessments to 214. - 514. 215. 515 216. 516 217, 517 219. 519. t l I B or B rrower 421079.58 20.To a uction Amount Due Seller 10 067 60 301.Gross amount due from borrower line 120 421 079 58 601.Gross amount due to seller line 420 420 457 58 21 303.Cash From To Borrower 0.00 603.Cash To From Seller 410 384.98 ILI Paid From Paid From .Ybn of Commission line 700 as follows: Borrowers Seller's to Funds at Funds at in Settlement Settlement Commission paid at Settlement 4. 801 Loan Origination Fee % to a in 803.Appraisal fee to 8 4.Credit Report to 805.Processing fee to 806 907, 808. 809. 810. 811. 812, 813 814 901.Interest from to A $ /da 903.Hazard insurance Premium for e s to 904 905. 1002.Mortgage insurance months A$ per month 1003 City pro rty taxes monthsper month 1004 County roe taxes monthsper month 77 1006. months Q$ per month 1007. months a$ Per month 1008.A e ate Escrow A 'ustment I l02;4&Lytract or title search to 1103.Title examination to 1104.Title insurance binder to -'�1465--Document preparation to-- - - - 1106.Notary s to 1107.Attorney's fees to Schneider,Gibson&Jarvey,Inc.P.S. 550.00 includes above item numbers: 1108.Title insurance to Pacific Northwest Title Company of Washington,Inc. 1,441.60 (includes above item numbers: i 110.Owners covers e $ 420 000,00 till. 1112 1113. 1201.Record nz fees: Statutory Warranty Deed !!22.00 1202 City/county tax/stam s 1203.State tax/stam s: 1204.Excise tax 1.78% 7 476 00 1301.Survey to 1302.Pest inspection to 1304. 1305. 1400.Total Settlement Charges enter on lines 103 Section J and 502 Section 622.001 10 067.60 CERTIFICATION:I have carefully reviewed the HUD-1 Settlement Statement and to the best of my knowledge and belief,it is a true and accurate statement of all receipts and disbursements made on my account or by me in this transaction. I further certify that I received a copy of the HUD-I Settlement Statement. Signature of Buyer Signature of Seller keeHUD-1 Se lemen Statement which I have prepared is a true and accurate account of the funds disbursed or to be disbursed by the igned as of a settlement of this transaction. S Sign a f Settlement A Date WARNING:It is a crime to knowingly make false statements to the United States on this' vilier similar form. Penalties upon conviction can include a fine and impnsionment. For details see:Title 19 U.S.Code Section 1001 and Section 1010.