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Home My WebLink AboutPK04-274 - Other - Addendum Five - David N. & Mary L. Uhler - Real Estate Purchase of Parcel Numbers 2522049008 & 2522049022 - 05/01/2007 ADDENDUM NUMBER FIVE TO REAL ESTATE PURCHASE AND SALE AGREEMENT THIS ADDENDUM FIVE between DAVID N. and MARY L. UHLER ("Seller') and the CITY OF KENT ("Buyer"), a Washington municipal corporation, amends a Real Estate Purchase and Sale Agreement entered into between Seller and Buyer on or about the June 14, 2004, and Addendum One entered into on or about July 27, 2004 and Addendum Two entered into on or about June 21, 2005 and Addendum Three entered into on or about August 29, 2005 and Addendum Four entered into on or about July 13, 2006 (collectively, the "Agreement"). The Seller and Buyer agree as follows: 1. Both Seller and Buyer wish to recommit to the original Real Estate Purchase and Sale Agreement that had expired, and agree to be bound by all of the terms, requirements, and obligations of that Agreement, except as modified by this Addendum Three. The parties agree that no new affixing of signatures nor new dates of execution shall be required to be added to the original Agreement to give the original Agreement full legal force and effect 2. The Closing date in Section 8 of the Agreement, as it pertains to the sale of parcel 252204-9022 only, shall be amended from December 30, 2004 to May 31 , 2008. All other provision of Section 8 shall remain in effect. 3. Facsimile signatures on this Addendum Three will be considered originals. IN WITNESS WHEREOF, the parties hereto have executed this Addendum Three, which shall take effect on the last date signed below. BUYER: SELLERS: CITAOFT DAVID HLEI�j ,/By: dl�e16 !macok4MayorDa — Dated: f APPROVED AS TO FORM: MARY L. UHLER By /`? � — Tom Guilfoil,kssi tant City Attorney Dated: y-G -c� Dated._ 3 L07 P\CwiUz s\OpenFdes\0105-2007VhJuAddendumTHREE&c F/Vr ADDENDUM THREE TO UHLER REAL ESTATE PURCHASE AND SALE AGREEMENT-Page 1 of 1 (March 2007) ASSIGNMENT OF RIGHT TO SEEK QUIET TITLE This assignment of rights ("Assignment') is made and entered into by and between David N Uhler and Mary L Uhler, a married couple ("Assignor"), whose address is 16515 Auburn-Black Diamond Road SE, Auburn, WA 98092, and the City of Kent ("Assignee"), whose address is 220 Fourth Avenue South, Kent, Washington 98032 The parties agree to the following. 1. RECITALS a. From 1971 until 2004, David N Uhler and Mary L Uhler were the owners of record to real property located at 25540 Hawley Road South in the City of Kent, designated as King County tax parcel number 252204-9008, legally described in Attachment "A." b. The Uhlers purchased parcel 9008 from King County at a tax foreclosure sale in 1971 and built a residence on the property The residence was used by the Uhlers and their family members until 1982, and after that date as a rental property In 2004, the City of Kent purchased parcel 9008 from the Uhlers. c Unknown to the Uhlers, a triangular-shaped piece of real property ('Triangle Property"), located at the southern border of parcel 9008, was not conveyed to the Uhlers by their deed This triangular-shaped piece of land was undeveloped at the time the Uhlers purchased parcel 9008, and there existed no fence or other observable markings to give notice that this triangular area was not part of parcel 9008 The Uhlers believed this triangular area was, in fact, part of parcel 9008. d. Beginning in 1971, the Uhlers began openly and notoriously using the adjacent Triangle Property as their own, parking cars on the Triangle property and other uses e On or about May 28, 1986 King County formally designated the Triangle Property as a separate tax parcel, identifying it as tax parcel number 252204-9022, with taxes owed by "unknown taxpayer." f From 1989 to 2004, the Uhlers paid the annual property taxes for the Triangle Property King County accepted the Uhlers as taxpayers of record for the Triangle Property g. The Uhlers have the right to bring an action to quiet title to the Triangle Property via adverse possession, having satisfied all the requirements of RCW 7.28 010 by maintaining open and notorious possession and use of the property since 1971, and because no other persons have asserted a claim to the property during the ten years preceding commencement of this action h. The City and the Uhlers have reached a separate agreement whereby the Triangle Property will ultimately be purchased by the City, and both this parcel and 9088 shall be converted to parks for the use and enjoyment of the public Quieting title to the Triangle Property in favor of the Uhlers is necessary to achieve this i. The Uhlers make this assignment knowingly, intelligently, and voluntarily Assignment of Right of Action to City of Kent Page 1 of 3 w f 2. ASSIGNMENT. a. This assignment shall be effective immediately as of the date of signature of the parties on this document("Effective Date") b. As of the Effective Date, the Uhlers hereby transfer and assign to the City of Kent all of the Uhlers' rights to bring an action in a competent court to quiet title to the Triangle Property (King County tax parcel number 252204-9022), said parcel being legally described in Attachment "A" and incorporated herein by reference 3. TERM OF ASSIGNMENT& REVOCATION BY THE PARTIES a. This assignment shall automatically expire one year after the date of its signing by the parties, unless the parties have agreed in writing to an extension b. Either party may terminate this assignment upon 10 days' written notice 4. DUTY TO PERFORM IN GOOD FAITH The Cdy of Kent agrees to fully and faithfully keep, fulfill and perform all of the obligations required to reasonably pursue an action to quiet title of the Triangle Property (King County tax parcel number 252204-9022) in favor of David and Mary Uhler. 5. RELEASE OF LIABILITY. All parties agree not to hold each other responsible for any problems that occur because of this Assignment or any legal proceedings that the City may undertake as part of an action to quiet title It is understood that the City of Kent is not accepting legal responsibility for anything the Uhlers may have done prior to making this assignment, or for any future acts by the Uhlers that have not been authorized by the City 6. MISCELLANEOUS a. Successors and Assigns All the terms and obligations stated in this Assignment shall apply to the benefit of the successors and assigns of the Uhlers and the City of Kent b Amendments This Assignment may be amended only upon written agreement of the parties C. Applicable Law The terms and operation of this agreement shall be governed by the laws of the State of Washington d Captions. Captions and Section headings used in this Assignment are intended solely for convenience of reference and shall not in any manner amplify, limit, modify or otherwise be used in the interpretation of any such document Assignment of Right of Action to City of Kent Page 2 of 3 e Disputes In the event of any dispute between the parties arising out of or relating to this Assignment, the parties may pursue any remedies available by law ASSIGNOR: ASSIGNEE: David N U e City of nt By. By Its- Its Date: i ✓`) D —/ 'o Mary L. Uhler By: Its Date- --b--, P 10villPoeslOpenFdes10105-20071UhlerAssignment doc Assignment of Right of Action to City of Kent Page 3 of 3