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Home My WebLink AboutPK07-084 - Original - King County - Frager Road 1/17/07 !00000 ''�. Records Man-a-g ernerg� KENT WA5H OTC Document r _ 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: /' I4,r�0- -u-1Al '�(�CoSCRI-Q Contract Number: This is assigned by Mary Simmons Vendor Number: Project Name: Contract Effective Date: 1 b-7/D 7 Contract Termination Date: Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Department: p'`ztc Abstract: ADCL7832 07/02 REAL ESTATE PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF KENT AND KING COUNTY This Agreement is entered between the CITY OF KENT, a Washington municipal corporation, whose mailing address is 220 4th Avenue South, Kent, Washington 98032-5895, ("Buyer"), and KING COUNTY, a municipal corporation ("Seller"), whose mailing address is Department of Executive Services, Facilities Management Division, Real Estate Services Section, King County Administration Building, 500 Fourth Avenue, Room 500, Seattle, Washington 98104-2337, 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 King County tax parcel number 232204-9047 located on Frager Road, Kent, Washington consisting of the following: approximately 980 square feet legally described 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. No earnest money provision due to amount of purchase price. 3. PURCHASE PRICE. The total purchase price for the Property is Two Hundred Eighty Dollars and NO/100ths ($280.00), 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 prior to Closing. 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. S. 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 Section 6 below. Real Estate Purchase and Sale Agreement - Page 1 of 4 (January 2, 2007) (between City of Kent and King County - Re: Green River Trail) 6. TITLE INSURANCE. At Closing, Buyer 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 opinion of value of Four Hundred Ninety Dollars and NO/100ths ($490.00) for the Property. The cost of the title insurance shall be paid by Buyer. 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. PRO-RATIONS. 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. Storm water charges for 2006 in the amount of $11.50 have been paid. S. 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 Buyer removes the contingencies in Section 4, but no later than February 28, 2007, unless the closing date is extended in writing by mutual agreement of the parties. The parties have agreed on a simultaneous exchange of the purchase price for the deed without the services of an escrow agent. On an agreed upon date, in accord with the terms of this Section 8, the Buyer and Seller will exchange, without delay, with each other all instruments and monies required to complete the transaction in accordance with this Agreement. Seller will be responsible for preparing the deed and excise tax affidavit. Buyer will be responsible for the recording of the deed. 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 it has no knowledge or notice from any governmental agency of any violation of laws relating to the subject property. 11. DEFAULT AND ATTORNEYS FEES. (a) Default. If Buyer or Seller defaults hereunder, either party shall have all the rights and remedies available at law or in equity. Real Estate Purchase and Sale Agreement - Page 2 of 4 (January 2, 2007) (between City of Kent and King County - Re: Green River Trail) (b) 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. 12. 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. 13. 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: Jeff Watling, 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: Denise Hauck Real Estate Representative Dept. of Executive Services Facilities Management Division Real Estate Services Section King County Administration Building 500 Fourth Avenue, Room 500 Seattle, WA 98104-2337 Phone (206) 296-7470 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. 14. 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. 15. BINDING EFFECT AND SURVIVAL. This Agreement shall be binding upon parties hereto and their respective heirs, successors and assigns. Real Estate Purchase and Sale Agreement - Page 3 of 4 (January 2, 2007) (between City of Kent and King County - Re: Green River Trail) 16. 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 Agreement have executed this Agreement as Indicated below. 17. EXPIRATION OF OFFER. Seller shall have only until 5:00 p.m. on Wednesday, January 31, 2007, to accept the Purchase and Sale Agreement as written, by delivering a signed copy thereof to the Buyer or the Buyer's agent. If Seller does not so deliver a signed copy within said period, this Agreement shall lapse and all right of the parties hereunder shall terminate. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set forth below. BUYER: SELLERS: CITY OF KENT KING COUNTY r � By: 5z- By: S Ve Cooke Kathy Brown Its: r Its: Director of Facilities Management Dated: / Dated: /� 7 G APPROVED AS TO FORM:K By: K Kent Law Department P\Civil\Files\OpenFiles\0105-2006\Green0.rverTrail-KC-PumhaseSaleAgree dot Real Estate Purchase and Sale Agreement - Page 4 of 4 (January 2, 2007) (between City of Kent and King County - Re: Green River Trail) EXHIBIT A LEGAL DESCRIPTION The land referred to in this commitment is situated in the State of Washington, and described as follows: Parcel # 232204-9047 That portion of Government Lot 11, Section 23, Township 22 North, Range 4 East, W.M., in King County, Washington, lying east of County Road No. 76, also know as Frager Road, and south of the following described line: Beginning at a point on the left bank of the Green River, formerly White River, which point is 272 feet east of that certain bridge across said river which forms a portion of County Road No. 722; thence south to the north line of County Road No. 76; thence following said road line southeasterly, a distance of 480 feet and the point of beginning of the aforesaid line; thence east to the left bank of said Green River and the terminus of said line and lying northerly of a second line described as follows: Beginning at a point opposite Highway Engineer's Station (hereinafter referred to as H.E.S.) 183+50 and a distance of 160 feet northerly, when measured at right angles with the centerline of SR 516, Jct. SR 5 to Jct. SR 167; Thence southeasterly in a straight line to a point opposite H.E.S. 184+00 and a distance of 100 feet northerly therefrom; Thence easterly parallel with said centerline to a point opposite H.E.S. 185+50 and the end of said second line description. f� VJ �.� ■ a I• ro : o. o SS •COI T�P4rJQ a+� voB044��Lap�NQo'�� Legal Documents/Legal Description GR South Slaughterhouse EXHIBIT B yz� ------ -------- --