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HomeMy WebLinkAboutPK06-251 - Original - William & Beatrice Eaton - Lake Fenwick Property Acquisition - 09/13/2006 Records Man- ement KENT Document WASNINCTOH : 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: Contract Number: This is assigned by Mary Simmons Vendor Number: Project Name: '<�/l�'G Contract Effective Date: 3/Et f� Contract Termination Date: Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Department: v Abstract: ADCL7832 07/02 REAL ESTATE PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF KENT AND WILLIAM F. EATON II AND BEATRICE A. EATON This Agreement is entered between the CITY OF KENT, a Washington municipal corporation, whose in ailing address is 220 4th Avenue South, Kent, Washington 98032-5895, ("Buyer"),and WILLIAM F. EATON 11 AND BEATRICE A.EATON ("Seller"),whose mailing address is 26006 44`h Avenue South,Kent,WA 98032,for the sale and purchase of real property as follows: 1. PROPERTY. The property,including all improvements and appurtenances situated thereon,which Buyer agrees to buy and Seller agrees to sell, is known as the easterly 53 - 84 lineal feet of King County tax parcel number 194140-0300 located at 26006—44`h Avenue South, Kent, Washington c onsisting o f t he f ollowing: a pproximately 8 905 s quare f eet 1 egally d escribed in Exhibit A, attached and incorporated by this reference A map indicating the location of the Property is also attached as Exhibit B, incorporated by this reference. 2. EARNEST MONEY. Upon mutual acceptance of this Agreement, Buyer shall deposit with Pacific Northwest Title Company, 116 Washington Avenue N., Kent, Washington 98032, One Hundred Fifty Dollars and No/100 Dollars ($150.00) in the form of a City of Kent Purchase Order (the "Purchase Order"), as refundable earnest money to be applied toward the purchase price of the Property payable at Closing. . 3. PURCHASE PRICE. The total purchase price for the Property is Three Thousand Three Hundred and Forty Dollars and NO/100ths ($3,340 00), 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 p nor t o Closing. ' Real Estate Purchase and Sale Agreement—Page 1 of 6 (April 26, 2006) (between City of Kent and Wilham and Beatrice Eaton) (c) Buyer's review and approval of the disclosure statement completed by the Seller, attached as Exhibit C. (d) Buyer obtaining a lot line adjustment of tax parcel 194140-0300 to include the Property within Buyer's Lake Fenwick Park, and leaving a remainder lot of approximately 15,810 square feet,where Seller's existing residence is located as set forth in Exhibit D.Buyer shall pay all costs of the lot line adjustment and Seller agrees to cooperate in the application process. Should any of these contingencies set forth above not be met or removed prior to Closing or the earlier date specified,then this Agreement shall terminate and neither Buyer nor Seller shall have any further rights, duties, or obligations hereunder. 5. CONVEYANCE AND CONDITION OF TITLE. The title to the Real Property shall be conveyed by Seller to Buyer at closing by Statutory Warranty Deed, free and clear of all liens, encumbrances, or defects except those described in Paragraph 6 below. 6. TITLE INSURANCE. At Closing, Seller shall cause Pacific Northwest Title,215 Columbia Street, Seattle,Washington 98104-1511,to issue standard coverage owner's policy of title insurance to Buyer in an amount equal to the total purchase price of the Property The cost of the title insurance 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 in 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, unless, Buyer elects to waive such defects or encumbrances, this Agreement shall terminate and the Earnest Money shall be returned to Buyer. 7. CLOSING COSTS AND PRO-RATIONS. The cost of escrow shall be paid by Buyer,except those fees that 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. F Real Estate Purchase and Sale Agreement—Page 2 of 6 (April 26, 2006) (between City of Kent and William and Beatrice Eaton) 8. CLOSING OF THE SALE. WITH THE UNDERSTANDING THAT TIME IS OF THE ESSENCE FOR THIS AGREEMENT, this sale shall be closed no later than 30 days after approval of the lot line adjustment,which shall 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, 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 ("Closing"). 9. POSSESSION. Buyer shall be entitled to possession on Closing. 10. SELLER'S REPRESENTATIONS. Seller represents: (a) that he will maintain the Property and yard in present or better condition until time of agreed possession, (b) that he has no knowledge or notice from any governmental agency of any violation of laws relating to the subject property except: 11. SELLER'S ENVIRONMENTAL REPRESENTATIONS. Seller represents that to the best of his knowledge that he is not aware of existence of,or has caused or allowed to be caused, any environmental condition ansing or occurring during Seller's ownership of the Property (including,without limitation, a spill,discharge or contamination). This provision shall survive the Closing. 12. SELLER'S INDEMNITIES. Seller agrees to indemnify and hold harmless the Buyer, against any and all damages, losses, liabilities,judgments, assessments, and expenses and costs,including reasonable legal,accounting,consulting,engineering and other fees which maybe incurred by Buyer, or asserted against Buyer, by any other party or parties (including, without limitation, a governmental entity), ansmg out of any environmental condition existing as of and/or Real Estate Purchase and Sale Agreement—Page 3 of 6 (April 26, 2006) (between City of Kent and William and Beatrice Eaton) prior to the Closing date,including the exposure of anyperson to any such environmental condition, regardless of whether such environmental condition or exposure resulted from activities of Seller or Seller's predecessors in interest. This indemnity 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. 13. DEFAULT AND ATTORNEY'S FEES. (a) Buyer's Default. If Buyer defaults hereunder, Seller's sole remedy shall be limited to damages in the liquidated amount of the earnest money previously paid by the Buyer. Buyer and Seller intend that this amount constitutes liquidated damages in order to avoid other costs and expenses to either party in connection with potential litigation on account of Buyers' default. Buyer and Seller believe this amount to be a fair estimate of actual damages. BUYER'S INITIALS: SELLER'S INITIALS: Suzette Cooke,Mayor Tp� . Eaton 11 Beatrice A. Eaton (b) Seller's Default. If Seller defaults hereunder,Buyer shall have all the rights and remedies available at law or in equity. (c) Attorneys Fees and Costs. In the event of litigation to enforce any of the terms or provisions herein the prevailing party shall be awarded its reasonable costs and attorney's fees. 14. 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. 15. 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: Real Estate Purchase and Sale Agreement—Page 4 of 6 (April 26, 2006) (between City of Kent and William and Beatrice Eaton) (a) All notices to be given to Buyer shall be addressed as follows: Lon Hogan, Acting Director Parks, Recreation & Community Services 220 4th Avenue South Kent, Washington 98032-5895 Phone (253) 856-5100, Facsimile (253) 856-6050 (b) All notices to be given to Seller shall be addressed as follows: William F Eaton 11 and Beatrice A. Eaton 26006 44"'Avenue South Kent, WA 98032 Phone (253) 813-5570 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 section. 16. 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 17. BINDING EFFECT AND SURVIVAL. This Agreement shall be binding upon parties hereto and their respective heirs, successors and assigns. 18. DATE OF MUTUAL ACCEPTANCE. For the purposes of this Agreement, the date of mutual acceptance of tlus Agreement shall be the last date on which the parties to this Agreement have executed this Agreement as indicated below. 19. EXPIRATION OF OFFER. Seller shall have only until 5.00 p in. on Friday, September 29, 2006,to accept the Purchase and Sale Agreement as written,by delivering a signed copy thereof to the Buyer. If Seller does not so deliver a signed copy within said period, this Agreement shall lapse and all right of the parties hereunder shall tenninate. Real Estate Purchase and Sale Agreement—Page 5 of 6 (April 26, 2006) (between City of Kent and William and Beatrice Eaton) IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the date set forth below. BUYER: SELLERS: CITY OF KENT EATON By: By: tCJ,(.f.&4� ' uz tte Cooke William F. Eaton II Its: Ma or Its. Owner Dated. 3 D Dated: 9/5;3/ ZLb6 By: Ct Beatrice A Eaton Its• Owner Dated. APPROVED AS TO FORM: By: . / Kent Law Department Real Estate Purchase and Sale Agreement—Page 6 of 6 (April 26, 2006) (between City of Kent and Wilhant and Beatrice Eaton) EXHIBIT A i LEGAL DESCRIPTION EATON PROPERTY ACQUISITION LAKE FENWICK PARK ON LOT 12, BLOCK 2 IN DEHNERT'S ADDITION That portion of Lot 12, Block 2, Denhart's Addition, as recorded in Volume 71 of Plats, page 57, records of King County, Washington, described as follows: Commencing at the northwest corner of said Lot 12; thence S89007'48"E, along the north line of said lot, a distance of 46.00 feet to the TRUE POINT OF BEGINNING of the herein described tract; thence continuing S89007'48"E, along said north line, 84.00 feet; thence S41047123"E 176.78 feet to the southeast corner of said lot; thence N89007'48"W, along the south line of said lot, a distance of 53.00 feet to a point which bears S48021'53"E from the TRUE POINT OF BEGINNING; thence N48121'53"W 199.09 feet to the TRUE POINT OF BEGINNING. nD��a� 4$y0 49PG�,n. fl1� 08t^ is )a Qi • f.-� w e Z. • • e 3 oeANoO®�mo 1t YSpM1F5 `� Z �lG �3/r%� EXHIBIT B LU LVS 1181HX3 iFZd �-Z0�7�J " M,by1L9.00S .fir O (U N %p Z H � O O W LPL N N on o PQ Z .. a CL 0 CU F kN kN < w ~ LLI 22 35' —L J J z Cv 3 m UK /it�n O£4 LOl it bi. MOON B $o r 0 o M,46,LS.00S Yh.bb,LS.00S > � • S '3nd H-t Y 6 Exhibit C NWMLS Fom No 17 ®Copyright 1996 WAR Form No D-5 Northwest Multiple Listing Semce Rev 7/96 REAL PROPERTY TRANSFER DISCLOSURE STATEMENTI ALL RIGHTS RESERVED Page 1 of 5 Pages t To be used in transfers of residential real property,including multi-family dwellings up to four units, new construction,condominiums not 1 subject to a public offering statement,and certain timeshares. See RCW 64 06 for further explanations. 2 INSTRUCTIONS TO THE SELLER 3 Please complete the following form Do not leave any spaces blank. If the question clearly does not apply to the property write"NA" If the 4 answer is"yes"to any asterisked(*)item(s),please explain on attached sheets Please refer to the line number(s)of the question(s)when you 5 provide your explanation(s) For your protection you must date and initial each page of this disclosure statement and each attachment. Delivery 6 of the disclosure statement must occur not later than five (5) business days, unless otherwise agreed, after mutual acceptance of a written 7 purchase and sale agreement between Buyer and Seller. 8 NOTICE TO THE BUYER 9 THE FOLLOWING DISCLOSURES ARE MADE BY THE SELLER(S),CONCERNING THE CONDITION OF THE PROPERTY LOCATED AT 10 06606 4411, ,Rh f�6- , 11 CITY gk—�,fJr ,COUNTY Art Xr ("THE PROPERTY") OR AS LEGALLY DE- 12 SCRIBED ON THE ATTACHED EXHIBIT DISCLOSURES CONTAINED IN THIS FORM ARE PROVIDED BY THE SELLER ON THE BASIS OF 13 SELLER'S ACTUAL KNOWLEDGE OFTHE PROPERTY AT THE TIME THIS DISCLOSURE FORM IS COMPLETED BY THE SELLER YOUHAVE 14 THREE(3) BUSINESS DAYS (UNLESS BUYER AND SELLER AGREE OTHERWISE)FROM THE SELLER'S DELIVERY OF THIS SELLER'S 15 DISCLOSURE STATEMENT TO RESCIND YOUR AGREEMENT BY DELIVERING YOUR SEPARATE SIGNED WRITTEN STATEMENT OF 16 RESCISSION TO THE SELLER,UNLESS YOU WAIVE THIS RIGHT AT OR PRIOR TO ENTERING INTO A PURCHASE AND SALE AGREEMENT. 17 THE FOLLOWING ARE DISCLOSURES MADE BY THE SELLER AND ARE NOT THE REPRESENTATIONS OF ANY REAL ESTATE LIC- 18 ENSEE OR OTHER PARTY THIS INFORMATION IS FOR DISCLOSURE ONLY AND IS NOT INTENDED TO BE A PART OF ANY WRITTEN 19 AGREEMENT BETWEEN THE BUYER AND THE SELLER 20 FOR A MORE COMPREHENSIVE EXAMINATION OF THE SPECIFIC CONDITION OF THIS PROPERTY YOU ARE ADVISED TO OBTAIN 21 AND PAY FOR THE SERVICES OF A QUALIFIED SPECIALISTTO INSPECT THE PROPERTY ON YOUR BEHALF,FOR EXAMPLE,ARCHI- 22 TECTS,ENGINEERS,LAND SURVEYORS,PLUMBERS, ELECTRICIANS,ROOFERS,BUILDING INSPECTORS,OR PEST AND DRY ROT 23 INSPECTORS THE PROSPECTIVE BUYER AND THE OWNER MAY WISH TO OBTAIN PROFESSIONAL ADVICE OR INSPECTIONS OF 24 THE PROPERTY AND TO PROVIDE FOR APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN THEM WITH RESPECT TO ANY AD- 25 VICE,INSPECTION,DEFECTS OR WARRANTIES. 26 Seller❑is/❑is not occupying the property. 27 I. SELLER'S DISCLOSURES: 28 *If you answer"Yes"to a question with an asterisk(*),then attach a copy or explain. If necessary,use an attached sheet. 29 1. TITLE YES NO DON'T 30 KNOW 31 A. Do you have legal authority to sell the property? a ❑ ❑ 32 *B. Is title to the property subject to any of the following? 33 (1) First right of refusal ❑ ❑ 34 (2) Option ❑ a ❑ 35 (3) Lease or rental agreement ❑ ® ❑ 36 (4) Life estate ❑ IN ❑ 37 *C. Are there any encroachments,boundary agreements,or boundary disputes? ❑ ❑ ® 38 *D. Are there any rights of way,easements,or access limitations that may affect the ❑ 11 ❑ 39 owner's use of the property? 40 *E. Are there any written agreements for joint maintenance of an easement or right of ways ❑ ® 0 41 *F. Is there any study,survey project,or notice that would adversely affect the property? ❑ ❑ 42 *G. Are there any pending or existing assessments against the property? ❑ ® ❑ 43 *11 Are there any zoning violations,nonconforming uses,or any unusual restrictions on the ❑ ® ❑ 44 subject property �that would affect future construction or remodeling? 45 SELLER'S INITIAL.,(,bar r_ DATE: T ���Z�E SELLER'S INITIAL DATE: 46 1 NWMLS Form No 17 ®Copyright 19,96 W A R Form No D-5 Norhwest Multiple Listing Service Rev 7196 ALL RIGHTS RESERVED Page 3 of 5 Pages YES NO DON'T 94 KNOW 95 *B Have there been any conversions,additions or remodeling? ❑ D ❑ 96 *(1) It yes, were all building permits obtained? ❑ ❑ ❑ 97 *(2) If yes,were all final inspections obtained? ❑ ❑ ❑ 98 C. Do you know thage of the house? If yes,year of original ❑ 19 ❑ 99 construction A114 100 *D. Do you know of any settling,slippage,or sliding of either the house or other structures/ ❑ ® ❑ 101 improvements located on the property? It yes,explain 102 *E. Do you know of any defects with the following (Please check applicable items) ❑ to ❑ 103 ❑ Foundations ❑ Decks ❑ Exterior Walls 104 ❑ Chimneys ❑ Interior Walls ❑ Fire Al arms 105 ❑ Doors ❑ Windows ❑ Patios 106 ❑ Ceilings ❑ Slab Floors ❑ Driveways 107 ❑ Pools ❑ Hot Tub ❑ Sauna 108 ❑ Sidewalks ❑ Outbuildings ❑ Fireplaces 109 ❑ Garage Floors ❑ Walkways ❑ Wood Stoves 110 lq Other NIA i &tilfsT Lr"-a ill *F Was a pest or dry rot,structural or"whole house"inspection done?When and by ❑ 9l ❑ 112 whom was the inspection completed? 0/14 113 114 *G. Since assuming ownership,has your property had a problem with wood destroying ❑ p ❑ 115 organisms and/or have there been any problems with pest control, infestations,or vermin? 116 5. SYSTEMS AND FIXTURES 117 If the following systems or fixtures are included with the transfer,do they have any existing 118 defects 119 *A. Electrical system,including wiring,switches,outlets,and service ❑ 11 ❑ 120 *B Plumbing system,including pipes,faucets,fixtures,and toilets ❑ ® ❑ 121 *C Hot water tank ❑ R ❑ 122 *D Garbage disposal ❑ p ❑ 123 *E. Appliances ❑ © ❑ 124 *F. Sump pump ❑ ® ❑ 125 *G Heating and cooling systems ❑ 11 ❑ 126 *H Secunty system ❑Leased ❑Owned ❑ ❑ 127 *I. Other 128 6. COMMON INTEREST 129 A. Is there a Home Owners' Association? ❑ GI ❑ 130 Name of Association 131 B. Are there regular periodic assessments? ❑ 1i ❑ 132 $ per ❑month ❑years 133 ❑Other 134 *C. Are there any pending special assessments? El YJ O 135 *D. Are there any shared"common areas"or any joint maintenance agreements(facilities ❑ ® ❑ 136 such as walls, fences,landscaping,pools,tennis courts,walkways,or other areas 137 co-owned in undivided interest with others)? 138 SELLER'S INITIAL- U_'_L-` DATE �� t�6 SELLER'S INITIALIA— DATE �`y`010 139 3 NWMLS Form No 17 ®Copyright 1996 W A R Form No.D-5 NoMwesl Multiple Listing Service Rev 7196 ALL RIGHTS RESERVED Page 4 of 5 Pages O YES NO DON'T 140 KNOW 141 7. GENERAL 142 *A. Is there any settling, sod,standing water,or drainage problems on the property? ❑ ❑ 143 *B. Does the property contain fill material? ❑ ❑ IP 144 *C. Is there any material damage to the property of any of the structure from fire,wind,floods, ❑ ❑ 10 145 beach movements,earthquake,expansive soils,or landslides? 146 D. Is the property in a designated flood plain? ❑ ❑ s 147 E. Has the local (city or county)planning agency designated your property as a ❑ ❑ q 148 "frequently flooded area"? 149 *F. Are there any substances,materials,or products that may be an environmental hazard such ❑ a ❑ 150 as,but not limited to,asbestos,formaldehyde,radon gas,lead-based paint,fuel or chemical 151 storage tanks,and contaminated soil or water on the subject property9 152 *G. Are there any tanks or underground storage tanks(e g,chemical,fuel,etc.)on the ❑ ❑ 10 153 property? 154 *H. Has the property ever been used as an illegal drug manufacturing sitev ❑ O 155 8. LEAD BASED PAINT(Applicable if the house was built before 1978.) 156 A. Presence of lead-based paint and/or lead-based paint hazards(check one below): 157 ❑ Known lead-based paint and/or lead-based paint hazards are present in the housing 158 (explain). 159 160 ® Seller has no knowledge of lead-based paint and/or lead-based paint hazards in the housing 161 B. Records and reports available to the Seller(check one below): 162 ❑ Seller has provided the purchaser with all available records and reports pertaining to 163 lead-based paint and/or lead-based paint hazards in the housing (list documents below). 164 165 166 Seller has no reports or records pertaining to lead-based paint and/or lead-based paint hazards 167 in the housing. 168 9. FULL DISCLOSURE BY SELLERS 169 A. Other conditions or defects: 170 *Are there any other material defects affecting this property or its value that a prospective ❑ it ❑ 171 buyer should know about? 172 B. Verification 173 The foregoing answers and attached explanations(if any)are complete and correct to the best of Seller's knowledge and Seller has 174 received a copy hereof Seller agrees to defend,indemnify and hold real estate licensees harmless from and against any and all claims 175 that the above information is inaccurate Seller authorizes real estate licensees,if any,to deliver a copy of this disclosure Statement to 176 other real estate licensees and all prospective buyers of the Property. 177 Date: //'!�p//�// Q t ��pb 1. Date- �t-p�C�w, C yi [ L0 6\9 178 .Seller: /JI1 CiG�LIIG�-� Pet e 1L Seller- _ -(rb- (e Vv &A� 179 SELLER'S INITIAL- DATE 4124 06 4 SELLER'S INITIALW� DATE: C1=Y'6ti 180 NWMLS Form No 17 0Copynghl1996 WA R Forrn No.D-5 Nodhwest Multiple Listing Service Rev 7196 ALL RIGHTS RESERVED Page 5 or 5 Pages IL BUYER'S ACKNOWLEDGEMENT 181 A. Buyer acknowledges the duty to pay diligent attention to any material defects which are known to Buyer or can be known to Buyer by 182 utilizing diligent attention and observation. 183 B. Buyer acknowledges and understands that the disclosures set forth in this statement and in any amendments to this statement are made 184 only by the Seller and not by any real estate licensee or other party. Buyer acknowledges that,pursuant to RCW 64 06 050(2),real 185 estate licensees are notliable for inaccurate information provided by Seller,except to the extent that real estate licensees know of such 186 inaccurate information This information is for disclosure only and is not intended to be a part of the written agreement between Buyer 187 and Seller 188 C Buyer(which term includes all persons signing the"Buyer's acceptance"portion of this disclosure statement below)hereby acknow- 189 ledges receipt of a copy of this disclosure statement(including attachments,if any)bearing Seller's signature(s) 190 D If the house was built prior to 1978,Buyer acknowledges receipt of the pamphlet Protect Your Family From Lead in Your Home. 191 DISCLOSURES CONTAINED IN THIS FORM ARE PROVIDED BY THE SELLER ON THE BASIS OF SELLER'S ACTUAL KNOW- 192 LEDGE OF THE PROPERTY AT THE TIME OF DISCLOSURE YOU,THE BUYER, HAVE THREE (3) BUSINESS DAYS (UNLESS 193 OTHERWISE AGREED) FROM THE SELLER'S DELIVERY OF THIS SELLER'S DISCLOSURE STATEMENT TO RESCIND YOUR 194 AGREEMENT BY DELIVERING YOUR SEPARATE SIGNED WRITTEN STATEMENT OF RESCISSION TO THE SELLER UNLESS 195 YOU WAIVE THIS RIGHT OF RESCISSION 196 BUYER HEREBY ACKNOWLEDGES RECEIPTOFA COPYOF THIS REAL PROPERTY TRANSFER DISCLOSURE STATEMENTAND 197 ACKNOWLEDGES THAT THE DISCLOSURES MADE HEREIN ARE THOSE OF THE SELLER ONLY,AND NOT OF ANY REAL ES- 198 TATE LICENSEE OR OTHER PARTY. 199 DATE: DATE: 200 BUYER: BUYER: 201 BUYER'S WAIVER OF RIGHT TO REVOKE OFFER 202 Buyer has read and reviewed the Seller's responses to this Real Property Transfer Disclosure Statement. Buyer approves this statement and 203 waives Buyer's right to revoke Buyer's offer. 204 DATE DATE- 205 BUYER: BUYER: 206 BUYER'S WAIVER OF RIGHT TO RECEIVE COMPLETED REAL PROPERTY TRANSFER DISCLOSURE STATEMENT 207 Buyer has been advised of Buyer's right to receive a completed Real Property Transfer Disclosure Statement. Buyer waives that right. P08 DATE DATE: 209 BUYER: BUYER. 210 If the answer is"Yes"to any asterisked(*)items,please explain below(use additional sheets if necessary) Please refer to the line number(s)of 211 the question(s) 212 213 214 215 216 217 218 219 220 SELLER'S INITIAL- F DATE: / 1�� 5 SELLER'S INITIAL V DATE TN IP 221 SELLER'S DISCLOSURE ADDENDUM THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS. YOU ARE ADVISED TO SEEK LEGAL ADVICE BEFORE SIGNING. Yes No Don't Know 1. Is the structure sided with Oriented Strand Board Siding or any ❑ ® ❑ other manufactured composite siding? 2. If yes, have you had the siding inspected? (Attach a copy of any ❑ ❑ Cl report received.) 3. If yes to question#1, do you have a copy of the warranty? ❑ ❑ ❑ 4. If yes to question#1, have you made a warranty claim or participated ❑ ❑ ❑ in any claim process? Explain: Seller. Date: Seller. Date: Acknowledgment of Receipt Buyer hereby acknowledges receipt of this Addendum and acknowledges that the disclosures made in this Addendum are made by the Seller only, and not by any real estate licensee or other party. Buyer: Date- Buyer: Date: Waiver of Right to Revoke Offer Buyer has read the Seller's disclosures set forth in this Addendum and hereby waives the right to revoke Buyer's Offer based on disclosures made in this Addendum. This waiver shall not affect any other contractual or legal right Buyer may have Buyer: Date. Buyer: Date: EXHIBIT D ' S77d C ?s AO OFL 01, G M,14,LS.00S //f -It �j PR W Ll 3 d �tih� / z to to in CT� a x ��11^6 / < c) u co $ U w R1 cl N Z n F O O / ~ © / �dA� W 2 �' N 'A •� _ m Li 2235 -j J J ✓ a m z_ Y til 'L oo �n •45 In Lot zq zil <3 er _Oak M„44,LS.00S f.4;,44,LS.00S CO s EXHIBIT D if7d � zOd`rds S 100 OE L 4 P � M,44,L5A0$ Lb dtrz / ww3 o V �u z WL � We���w iID to X 5k 116 / 4 C, N M v w w ti z �} S z O U CIA 1-1/-�xz� < Li 2235 N 3 'yv ISM am SOON *� dg� • a 3 o o .8£LOL ,Z9 Z4 's�o�:4 ��_ o� M,44,LS.005 1A;,44,LS.00S Jb .- �d ti Date: 21-May-07 Time: 03 :48 PM BUYER (S) FINAL CLOSING STATEMENT Prepared by PACIFIC NORTHWEST TITLE COMPANY 116 WASHINGTON AVENUE NORTH KENT, WASHINGTON 98032 (253) 520-0805 Buyer(s) : CITY OF KENT Seller (s) : WILLIAM F. EATON, II, BEATRICE A. EATON Lender: Property: XXX 44TH AVENUE SOUTH KENT WA 98032 Closing Date: 05/22/2007 Proration Date: 05/21/2007 Escrow Officer: JEAN JOHNSON File Number: 63108324 DEBIT CREDIT SALES PRICE 3, 340 . 00 DEPOSITS: ADDITIONAL DEPOSIT FROM BUYER/BORROWER 3 , 865 . 60 REMITTER: CITY OF KENT WORK CHARGE CREDIT 380 . 80 REMITTER: PACIFIC NORTHWEST TITLE ESCROW CHARGES: ESCROW CHARGES 489 . 60 PAYEE: PACIFIC NORTHWEST TITLE TITLE CHARGES: OWNER' S TITLE POLICY - #616766 381. 15 Liability amount (OTP) $3, 340 . 00 PAYEE: PACIFIC NW TITLE RECORDING FEES/TRANSFER CHARGES: RECORDING FEES Deed amount $36 . 00 36 . 00 PAYEE: PACIFIC NW TITLE SUBTOTALS: 4, 246 .75 4, 246 .40 BALANCE DUE FROM BUYER: 0 .35 TOTALS : 4, 246 . 75 4, 246 .75 PACIFIC NORTHWEST TITLE COMPANY BY: AREA AFFECTED: As constructed RSC.ORDED: July 6, 2004 RECORDING NUMBER: 20040706002377 3r 5. Reservatign of all coal, oil, gas and mineral rights, and rights to explore for the same contained in deed from Weyerhaeuser Timber Co., a Washington corporation. . RECORDED: :` ' ' °,1; August 27,1907 RECORDING NUMBER: 305736 t } NOTE:`Np,ex IninatiOil has been nAde 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 lattds or rights so teserved. 6. APPLICATION FOR APPRQVAL OF• A LOT LINg'ADJ-USTMENT: RECORDED: �7antlary 17'; Z007,• R, RECORDING NUMBER: 200701.170021,' 7 Y An Affidavit of Minor Correction was recorded under Recording Number 20070321001014. IV;r ` s r; • i' v • v 1 F .. EXHIBIT"A" � y • 'S r 'r •'LEGAL:DF-SCRIPTION: That portion•of Lot 12r131ock 2;, according to the corrected plat of Dehnert's Addition as recorded,in Volu'e 7.1 of fats,page 57,in King County,Washington, described as follows: sr Commencing,Ai'the,northeast comer,of saidrLot 12; Thence wesierly, along the north jine,thereof, 120 00 feet to the TRUE POINT OF BEGINNING; Thence southeasterly,in a straight.line, to.the southeast corner of said Lot 12; Thence westerly, along the south line;thgreof,,53,,00 feet;, . Thence northwesterly,in a straight line,to apoiAt on the notch line of said Lot 12 that is 84.00 feet westerly of the TRUE POINT OF BEGINNING; J. Thent`;e easterly along the north line of said Lot 12, a distanceof 84.00'feet to the'a TRUE POINT OF BEGINNING. • ••S.N. ....... ... ... .J \ n v 5• h • t • ,` i r 5 EXHIBIT "B" AN EASEMENT AFFECTING THE PORTION OF SAID PREMISES AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES: FOR: Telephone line DISCLOSED BY INSTRUMENT' RECORDED: o6tober 22, 1944 RECORDING NUMBER: >' 1�423749 AFFECTS: Qprtion of said premises and other lands over which said telephone line is constructed 2. AN EASEMENT AFFECTING TH19 PORTION OF SAID PREMISES AND FOR THE PURPOSES STATED HEREIN„AND INCIDENTAL PURPOSES: FOR: Sewer line DISC`LOS$D BY INSTRUMENT RECORDED: April $; 1960 Y' RECORDING NUMBER: 5149315 AFFECTS: Portion of said premises .and other lands over which said sewer line is constructed 3. AN EASEMENT AF1`ECTING THE PORTION OF SAID PREMISES AND FOR TH9 PURPOSES STATED HEREIN,AND INCIDENTAL PURPOSES: FOR,' Electric transmission line DISCLOSED BY INSTRUP4ENT RECORDED: • , Deoember 11, 1966 RECORDING NUMBER: ,.• 6113812 AFFECTS: 2.5 feet Qn either side of lot lines common to Lots 10.and I I'and other property 4. EASEMENT AND THE TERMS AND CONDITIONS REF$RENCED .THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING; GRANTEE: City of Kent, a municipal corporation of King County,'.State' of Washington PURPOSE: Sensitive area preservation'and maintenance t NOTARY PAGE STAVE'OF WASH INGTON } }as. County,*( } 1 hereby cerdry that i know or have satisfactory evidence that WILLIAM F. RATON, II AND BEATRICE A. EATON Is the person(s)who appeared before pie,and sa!51ersouls)acknowledged that(he,she, hey signed this Instrument and acknosledged It to be(his,her, hek)free and voluntary act for the uses an purposes mentioned In this instrument. Dated: �� 2J90'7 °.. JEAN JONNSON ` NO7�AVY 280BULiC Notary bilc in and for the State of WashingtonLFEBRUARY OF WASHINUTU}a ASSION EXPIRES �C—Anl 7h°t15o t1 25.2009 Printed Name rr�� Residing at /.r✓/Z�/�rtc0lu�� , My appointment expires a/25/o�t .0..............................Kp..•...u.u.a..........w ........... STATE Of WASHINGTON } • ' County of } 1 hereby certify that i know or have satisfactory evidence that Is the person(s)who appeared before me,and said person(s)acknowledged that(he,she,they)signed this Instrument,on oath stated that authorized to execute tht Instrument and acknowledge it as the _ of to be the free and voluntary act of such parry for the uses and purposes mentioned In this Instrument Dated: } F Notary Public in and for the State of Mashington Printed Name Residing at My appointment expires s RETURN TO: `j—rel fiam-r moo;- 20070521001678 CITY OF SENT 220 ITS AVENUE SOUTH PACIFIC NW TIT W0 36.00 RENT, WA 90032 05G21®2007 1.22 23 " KINO COUNTY, WA t E2285622 ' 05121l2007 12:23 ^ KTRX COUNTY, WA E10 00 1 OF 001 SALE $3.140.00 PA M "STATgtORY WARRANTY DEED Reference#(It APPlicable) Grantor(s): ��++ WILLI'AM F. EATON, II Additional an Page: BEATRICE A. EATON Grantee(s): Gt,ITY OF KENT Additional on Page: r Abbreviated legal Description: PTN LOT 12, ELK 2, .CORRECTED PLAT OF Additional on Page- DERNERT'S ADD., V 71., P 57 Assessor't Tax Parcel ID# 134140-0300-09 ^' ' C'NwT cote�t�-� �5 3(� T THFGRANTOR WILLIAM F. EATON, II AND BEATRICE A. EATON, HUSBAND AND WIFE for and hs consideration of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION In hand pain„conveys and Warrants to CITY`OF KENT, A WASHINGTON MUNICIPAL CORPORATION the following described real estate,situated In the County of KING State of Washington: SEE EXHIBIT "A" ATTACHED HERETO AND A PART HEREOF. SUBJECT TO: SEE EXHIBIT "B" ATTACHED HERETO. Dated:_Anri l I8 PQ07 WILLIAM F. EATON, II BEATRICE A. EATON ^�t'