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HomeMy WebLinkAboutPK04-235 - Other - Melvin & Karen Lake - Parcel 2122059003 - Closing Documents - 07/18/2007 _ 1 I RETURN TO: I PROPERTY MANAGEMENT CITY OF KENT I 220 4TH AVENGE S- i KENT, WA 98032 I I STATUTORY WARRANTY DEED i Reference#(If applicable) Abbreviated Legal Description; PTN NE 1/4 21-22-05 I Additional on Page: Assessor's Tax Pamd ID# 2122 05-3153-00; 212 2 0 5-9157-0 6 I i I THE GRANTOR MELVIN HAROLD LAKE AND KAREN JOYCEILAKE, HUSBAND AND WIFE I for and In consideration of TEN DOLLARS AND OTHER GOOD !AND VALUABLE CONSIDERATION I I in hand paid,conveys and warrants to CITY OF KENT, A WASHZNGTON MUNICIPAL CORPORATION I the following descnbed teal 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 AND INCORPORATED BY THIS REFERENCE Dated. July 18, 2007 MELVIN HAROLD LAKE KAR 9, JOYCE I I II I I �" rn�. it , 111 LL •w,u I I NOTARY PAGE i i STATE OF WASHINGTON } } ss County of KING } i I 1 hereby certify that I know or have satisfactory evidence that MELVIN HAROLD LAKE AND KAREN JOYCE LAKE is the person(s)who appeared before me, and said person(s)acknowledged that (he,she,they signed this instrument and acknowledged it to be(his, her ei het and voluntary act for the uses an purposes mentioned In this instrument. Dated: x JFA14 JOHNSON Nota ubGc in and f the State of Washington OTAR r PUBLICS STATE OF WASHINGTON EAtj ?mod ti( COMMSS(PI4 EXPIkES Printed Name FEBRUARV 25,2W9 I Residing at Z , My appointrrient expires/Os •aaae•r••iU•rlxxfrrxirraatrfrrrarraaf trrxrxr••txr�xxrri•ixrtrxxxraaaaaxrxxriraaax 1 STATE OF WASHINGTON } }ss. County of } i 1 hereby certify that 1 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 the instrument and acknowledge it as the Of_ to be the free and voluntary act of such party for the uses and purposes mentioned In this instrvment_ Dated: I Notary Public In and for the State of Washington I Printed Name i Itesfding at I My appointment expires i I 07 /2b/07 15:15 MA rat, nt, iliLz uz:. i I EXHIBIT "A" I LEGAL DESCRIPTION: I That portion of Lot 2, King Countv ShortlPlat Number 674032, recorded Zander Recording Number 7708G30801, said short plat being a portion of the east half of the northwest quarter of the northeast quarter of Section 21, Township 22 North, Range 5 East, W M. , in King County, Washington, lying south of a line parallel to and 949 feet south of north line of said northeast quarter; EXCEPT the westerly 330 feet of the south 55 feet of said Lot 2; TOGETHER WTH the south 110 feet of the e�st 135 feet of that portion of Lot 2, of said King County Short P1atiNumber 6740432, recorded under Recording Number 7708030801, lying ncrtn of a line parallel to and 949 feet south of north line of the mortheast quarter of said Section, i TOGETHER WITH an easement for ingress, egress and utilities, over the east 30 feet of Lot 2 of said short plat, lying north of a line parallel to and 949 feet south of the north line of the northeast quarter of said Section; EXCEPT the south 110 feet of the east 13t feet thereof. I I I I i 1 I I I EXHIBIT .%B,. i i 1- UNDERGROUND UTILITY EASEMENT, AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: Puget Sound Power & Light Company, a Washington corporation i PURPOSE: To con6trL Ict, operate, maintain, repair, r place and enlarge an sndergrou d electric transmission and/or di tribution system AREA AFFECTED: The south ,70 feet of the east 10 feet of said premises RECORDED: February 6, 1978 RECORDING NUMBER: 7802060600 Contains covenant prohibiting structuresiover said easement or other activity which might endanger the underground system 2. Restrictions limiting the use of that poation of the property herein described lying within 100 feet from a witer well as imposed by instrument recorded under Recora— Numb:1r 74022S0055. 3. COVENANTS, CONDITIONS, RESTRICTIONS AND $ASEMENTS CONTAINED IN SHORT PLAT: I RECORDED: August 3, 1 77 RECORDLNG NUMBER: 770803080 1 4- DECLARATION OF COVENANT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: August 17II, 1977 RECORDING NUMBER: 770817089 AS FOLLOWS: The grantors agree and covenant that said grantors, their hers, successors and assigns, will not further,� subdivide the above described parcel into smaller building sites until such time as the property is served with a public sewer system. S. NOTICE OF SEWER CONNECTION CHARGES: GIVEN BY: Cascade S wer District DATED: April 7, 1T RECORDED: April 28, 1 83 RECORDING NUMBER: 83042806 �9 .AFFECTS: Said prenu�ses and other property I I PLEASE TYPE OR PRINT REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt CHAPTER 82 45 RCW-CHAPTER 458-61 A WAC when stamped by cashier THIS AFFIDAVIT Wit 1,NOT RE ACCFPTED UNLESS ALL AREAS ON ALL PAGES ARE FULL COMPLETED (See back page for instructions) ❑Clcck box if partial sale of property II multiple owners,list percentage of ownership next to name 1. SELLER/GRANTOR 2-1 BUYERIGBANTEE Name 14ELVIN HAROLD LAKE Name CITY OF SENT KAREN JOYCE LAKE A WASHINGTON MUNICIPAL CORPORATION HUSBAND AND WIFE Mailing Address 12665 SE 240TH ST Madmg Address 220 4TH AVENUE SOUTH City/State/Zip KENT, WA 98030 Gly/State2ip KENT, WA 98032 Phone No(including area code) Phone No(Including area code) 3 Send all property tax correspondence to List all real and personal property tax List asseswd�alue(s) ® Same as Buver/Grantee parcel account numbers-check boxrf personalppraperI ❑ Name 2122a5-9Yy53-00 Street LC 1519 ❑ City/State/Zip 212205-9157-06 ❑ Phone No(with area code) LC 1519 ❑ ® Street address of property 12665 SOUTHEAST 240TH STREET KENT, WA 98030 This property IS IOeated in ❑ unmi.orporated County OR within❑ city of KENT ❑Check box dary of the listed pair.ek are being segregated from a larger parcel Legal Description ofproperev(if mom space is needed you may attach a separate sheet to each page ofthe affidavit) LEGAL DESCRIPTION AS SET FORTH IN EXHIBIT 'Aa ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF $. Enter Abstract Use Categories 7 1 List all personal property(tangible and intangible)included in selling (See back of last page for instructions) price If exempt from property tax per chapter 84 36 RCW(nonprofit organization),include Seller's Exempt Reg No 6. YES NO If claiming an exemption,list WAC number and reason for exemption Is this property designated as forest land per chapter84 33 RCW ❑ ❑ W 4C No (Section,/Subsection) Is this property classified as current use(open space far and ❑ ❑ Reason for exemption agricultural,or timber)land per chapter 84 34� m Is thus property reoenmgg special valuation as historical ❑ ❑ property per chapter 84 26 RCW v If any answers are yes,complete as instructed below Type of Document STATUTORY WARRANTY DEED (1)NOTICE OF CONI INUANCE(FOREST LAND OR CURRENT USE) Dateof Document July 18, 2007 NEW OWNER(S)To continue the wrient designation as forest land or classification as current use(open.pace,farm and agriculture,or timber) Gross SeOmg Price $ 1,540,000.00 land,you must sign on(3)below The county assessor must then *Personal Property(deduct) $ 0.00 determine if the land transferred continues to qualify and will indicate by Exemption Claimed(deduct) S 0.00 signing below if the land no longer qualifies or von do not wish to continue Taxable Selling Price S 1,540,000.00 the designation or classification it will be removed and the compensating or additional taxes will be due and pavable by the seller or❑ansferor at the Excise Tax State S 19,712 00 lime of sale (RCW 84 33 140 or RCW 84 34 108) Prior to signing(3)below, Local 7,700.00 }on may contact your local county assessor for more information *Delinquent Interest State S 0.00 Local$ 0 00 This land ❑ does ❑ does not qualify for communnce, *Delinquent Penalty S 0.00 Subtotal $ 27,412.00 DEPUTY ASSESSOR DATE 'County Technology Fee $ 0.00 (2)NOTICE OF COMPLIANCE(HISTORIC PROPERTY) *State Technology Fee $ 5.00 NEW OWNER(S)To continue special valuation as historic property,sign (3)below If the new owner(s)do not wish to continue,all additional -Affidavit Processing Fee $ 0.00 tax calculated pursuant to chapter 84 26 RCW,shall be due and payable Total Due $ 27,417.00 by the seller or transferor at the nine of sale (3)OWNER(S)SIGNATURE A MINIMUM OF$10 00 IS DUE IN FEE(S)AND/OR TAX *SEE INSTRUCTIONS 8 1 CERTIFY UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. Signature of Signature of Grantor or Grantor's Agent Grantee or Grantee's Agent Name(pnn) MELVIN HAROLD LAKE Name(pnnt) JkZ Date&city of signing Date&city of signing 7 O 7 Per)ury Perjury is a class C felony which is punishable by imprisonment in the state connectional institution for a maximum term of not more than five years,or by a fine in an amount fixed by the court of not more than five thousand dollars($5,000 00),or by both imprisonment and fine(RCW 9A 20020(IC)) REV 84 0001ae(a)(10-1 1-06) FOR TREASURER'S USE ONLY Q COUNTY TREASURER PACIFIC NORTHWEST TITLE COMPANY 0 DEPT OF REVENUE 215 COLUMBIA STREET 0 COUNTY ASSESSOR SEATTLE,WA 98104 0 TAXPAYER DECLARATION OF ESCROW SERVICES SELLER and/or PURCHASER/BORROWER acknowledge by their signatures below the following: 1. That the ESCROW AGENT is not acting as the advocate or representative of either party. 2 . That the documents submitted to this escrow will affect the legal rights of both parties 3 . That the parties interest in the documents may differ. f 4. That each of the parties have a right to be represented by a lawyer of their own selection. 5. That the undersigned acknowledge that they have been advis a cl that the ESCROW AGENT will not prepare any legal documents in connection with this escrow, and that the undersigned may select an attorney of their own choosing to do so. 6. That the ESCROW AGENT cannot give legal advice as to the matter in which the documents affect the parties. Received and acknowledged this day o , 20 PURCHASER/BORROWER: CITY OF GENT A WASHINGTON MUNICIPAL CORPORAT BY: BY: SUZ E OOKE, MAYOR go=ER: MELVIN HAROLD LAKE KAREN JOYCE LAKE CLOSING ESCROW INSTRUCTIONS PURCHASER: CITY OF KENT, A WASHINGTON MUNICIPAL CORPORATION SELLER: MELVIN HAROLD LAKE AND KAREN JOYCE LAKE, HUSBAND AND WIFE DATE: July 18, 2007 ESCROW NUMBER: 63116818 PRELIMINARY TITLE COMMITMENT NUMBER: 577132 PURCHASER AND SELLER HEREIN APPOINT AND APPROVE PACIFIC NORTHWEST TITLE COMPANY OF WASHINGTON, INC. , (hereinafter referred to as ESCROW AGENT) TO ACT AS ESCROW AGENT FOR THIS TRANSACTION. ESCROW AGENT is to be concerned only with the provisions specifically set forth in these instructions, which DO NOT incorporate the terms of the Purchase and Sale Agreement and Addenda (hereinafter referred to as the Agreement) executed by the parties and are not intended to amend, modify or supercede the terms and conditions set forth therein. CONDITIONS THAT SURVIVE ESCROW: The parties hereto agree that there may be certain conditions set forth in the above Agreement which may survive the closing of this escrow and ESCROW AGENT is to assume no responsibility or liability for such compliance. 1. SELLER herein deposits with ESCROW AGENT, pursuant to these instructions, the following: DOCUMENTS (X) Agreement (X) Declaration of Escrow Services (X) Limited Engagement Letter (X) Excise Sales Tax Affidavit (X) Statutory Warranty Deed (X) IRC 1099S Reporting Form (X) FIRPTA Certificate which ESCROW AGENT is instructed to deliver, release and/or record when ESCROW AGENT has for the account of SELLER $1, 540, 000. 00, subject to any charges and/or credits authorized herein. 2 . PURCHASER herein deposits with ESCROW AGENT the funds required to close, in the form of a cashier' s check, wired and/or collected funds in accordance with the Collected Funds Law (RCW 18 .44 .070) ; loan proceeds, if applicable; and the following: DOCUMENTS (X) Agreement (X) Excise Tax Affidavit (X) Declaration of Escrow Services (X) Limited Engagement Letter ESCROW INSTRUCTIONS (continued from previous page) ESCROW NUMBER: 63116818 DATE: July 18, 2007 which sums and documents are required to be deposited prior to closing, and which ESCROW AGENT is instructed to disburse and/or deliver, as required to fulfill these instructions and when it has a policy or policies of title insurance or commitments therefor in the form(s) and amount (s) as follows: Title Commitment/Policy (X) Owner's ALTA Standard Amount: $1, 540, 000 . 00 The undersigned PURCHASER and SELLER have received, reviewed and approved for use in this escrow the preliminary commitment for title insurance, including any supplementals thereto and have reviewed and approved the legal description and general and special exceptions including the covenants, conditions and restrictions affecting said property as stated on the commitment. The policy or policies issued will contain the insuring clauses, exceptions, exclusions, provisions and stipulations customarily contained in the printed provision of such form(s) and subject to exceptions shown in the preliminary commitment at the following paragraph number(s) : 1 through 5 THE UNDERSIGNED SELLER HEREBY CERTIFIES THAT THERE ARE NO LIENS AND/OR ENCUMBRANCES AFFECTING SAID PROPERTY OTHER THAN AS SHOWN IN THE PRELIMINARY COMMITMENT. THE PURCHASER AND SELLER CERTIFY THAT THEY HAVE DEPOSITED INTO THIS ESCROW ALL ADDENDA TO THE PURCHASE AND SALE AGREEMENT. THE PURCHASER AND SELLER HAVE EXAMINED AND HEREBY APPROVE FOR USE IN THIS ESCROW THE ABOVE LISTED DOCUMENTS. 3 . A. CLOSING STATEMENTS: ESCROW AGENT shall prepare closing statements which by reference herein are made a part hereof OR otherwise account to the parties for all funds received and disbursed hereunder at the time of final settlement and closing of this escrow. ESCROW AGENT shall not be liable for the accuracy of information furnished to it by other persons in the normal course of business, or the failure to adjust items not designated in writing. The parties hereto agree to pay all their proper costs and fees, including any adjustments. Additional amounts which may become due for any reason shall be promptly paid to ESCROW AGENT by the party owing such amounts. However, any advance made at its option shall be promptly reimbursed by the party for whom it is advanced and such optional advance shall not be an admission of liability on the part of the ESCROW AGENT. B. PRORATIONS: Adjustment items shall be prorated on the basis of a 365 day calendar year. ESCROW AGENT shall account for ESCROW INSTRUCTIONS (continued from previous page) ESCROW NUMBER: 63116818 DATE: July 18, 2007 adjustments, credit and charges of expense items according to the custom and usage of the community. ESCROW AGENT is instructed to prorate as of the actual date of closing, the following: 2007 Real Estate Property Taxes C. ESCROW DEPOSITS: All money received by ESCROW AGENT in this escrow is to be deposited in escrow bank accounts controlled by ESCROW AGENT pending closing. ESCROW AGENT receives banking benefits from non-interest bearing trust account deposits. These benefits may be in the form of but not limited to miscellaneous banking, accounting and computer support services. If an interest bearing account is to be established, ESCROW AGENT must be so advised in writing, prior to the deposit of funds, and furnished with a Federal Tax Identification Number. D. CLOSING: If this escrow has not been placed in a position to close by July 30, 2007 , the above items deposited by the parties hereto except earnest money, are to be returned to same upon written demand, at which time PURCHASER and SELLER will pay all charges in connection herewith. In the absence of such written demand, ESCROW AGENT will proceed with closing in an expeditious manner. E. UNCLAIMED PROPERTY: If checks distributed during the closing process to the last known address of the applicable payee(s) remain uncashed, then ESCROW AGENT may charge an annual fee of up to $60 . 00 for custody and administration of the unclaimed property. ESCROW AGENT will make a reasonable attempt to contact applicable payee (s) and reissue check(s) , net of accrued annual fees. Per Washington State law, any remaining unclaimed personal property will be forwarded to the State of Washington three (3) years from the date the uncashed check was issued. 4. A. UTILITIES: In the event SELLER has not complied with the provisions of RCW 60 . 80, SELLER and PURCHASER waive the services of ESCROW AGENT to satisfy unpaid utility charges and agree to settle final bills outside escrow. This pro- vision includes but not limited to water, garbage, sewer, telephone, metro, electricity, gas and Metro Capacity Charge. ESCROW AGENT shall not be responsible for determination of remaining oil, nor payment thereof. B. FIRE OR CASUALTY INSURANCE: If a new policy of fire, hazard or casualty insurance on the property is required to close the transaction, the PURCHASER will arrange for the policy to be issued, outside of escrow, and will pro- vide evidence of the coverage to the ESCROW AGENT prior to closing. ESCROW AGENT shall have no responsiblity nor liability for obtaining hazard/homeowner insurance. C. INFORMATION TO OTHERS: ESCROW AGENT is authorized and in- structed to furnish, upon request, information concerning this escrow to the listing and/or selling real estate broker, the lender financing this transaction, if any, and attorneys representing the SELLER or PURCHASER. ESCROW INSTRUCTIONS (continued from previous page) ESCROW NUMBER: 63116818 DATE: July 18, 2007 D. FIRPTA: If any seller is a non-resident alien or foreign corporation, partnership, trust or estate for the purposes of United States income taxation, the parties are advised to consult with their attorneys before the closing date to determine their responsibilities under the Foreign Investment in Real Property Tax Act (Section 1445 of IRC) . The closing agent is not required to verify the nationality or foreign status of any of the sellers, or to withhold, report or pay any amounts due under such Act. E. LIABILITY LIMITATIONS: Without limitation ESCROW AGENT shall not be liable for any loss or damage resulting from following: 1. Any default, error, action, omission of, or misrepresenta- tions made by any other party. 2. The expiration of any time limit or other delay, unless such time limit was known to ESCROW AGENT and such loss is caused solely by failure of ESCROW AGENT to proceed in its ordinary course of business. 3 . Any loss or impairment of funds deposited in escrow in the course of collection or while on deposit with a bank, savings bank or savings association resulting from failure, insolvency or suspension of such institution. 4. ESCROW AGENT complying with any and all legal process, writs, orders, judgments and decrees of any court whether subsequently vacated, modified, set aside or reversed. F. DISPUTES: Should any dispute arise between the parties, or any of them, and/or any other party, concerning the property of funds involved in the transaction, the ESCROW AGENT may, at its sole discretion, hold all documents and funds in their existing status pending resolution of the dispute, or join or commence a court action, deposit the money and documents held by it with the court, and ask the court to determine the rights of the parties. ESCROW AGENT is authorized to deduct, prior to deposit of funds in the court, a reasonable sum for costs of attorneys fees and filing fees. Upon depositing said funds and documents with the court, the ESCROW AGENT shall have no further duties or responsibilities under these instructions. G. COUNTERPARTS: These escrow instructions may be executed in counterparts with like effect as if all signatures appeared on a single copy. H. UNDERLYING ENCUMBRANCES: SELLER acknowledges that if any underlying encumbrance (s) is to be paid in full as a part of this escrow, said payoff is based upon a written statement (s) by the Holder/Servicer. Said statement(s) will be updated verbally prior to closing. Interest is to be collected to such date as estimated by the ESCROW AGENT to be sufficient for the Holder/Servicer to have received payoff by regular certified mail or courier. SELLER is responsible for any additional fees, interest or require- ments in order to obtain necessary documents for release of such encumbrance (s) . I. DISBURSEMENTS: Payments disbursed hereunder will conform to ESCROW INSTRUCTIONS (continued from previous page) ESCROW NUMBER: 63116818 DATE: July 18, 2007 the usual and customary practice of the industry and ESCROW AGENT is not responsible for any delays caused by such delivery. J. LOAN FUNDS: In the event any portion of the PURCHASER'S required deposit is in the form of loan funds from a lender, PURCHASER and SELLER authorize recording of the within deposited documents prior to the lender funding their loan. It is understood that SELLER's proceeds will be disbursed upon receipt of the loan funds from the new lender. K. ADVANCE OF EXCISE TAX: PURCHASER and SELLER acknowledge the Excise Tax, if required must be paid prior to closing and authorize ESCROW AGENT to pay such tax. L. POSSESSION: Delivery of Personal Property or transfer of possession of Real Property or condition of either shall not be a part of this escrow nor an obligation of the ESCROW AGENT. M. THIRD PARTY: PURCHASER and SELLER acknowledge that third party written instructions may be submitted into this escrow. Unless such instructions conflict with these instructions, they shall be incorporated herein. N. FORM 1099-S: In compliance with the Tax Reform Act of 1986, and any amendments thereto, SELLER shall provide all information necessary, including a Taxpayer Identification Number (TIN) , preparation of a Form 1099-S as required by the Internal Revenue Service. ESCROW AGENT retains the option of not closing the escrow if adequate information is not provided. O. CANCELLATION: These instructions may be cancelled by a written agreement signed by all of the parties. Upon receipt of such agreement and payment of the ESCROW AGENT' S fees, costs and expenses, including but not limited to cancellation fees for title insurance and escrow services, the ESCROW AGENT shall return any money or documents then held by it to the parties that deposited the same, and shall have no further duties or responsibilities under these instructions. P. All contingencies and/or conditions as set forth in the Purchase and Sale Agreement and Addenda have been fully met or waived. ESCROW AGENT is hereby removed from any responsibility and/or liability for same and is instructed to proceed with closing. Q. LEGAL DESCRIPTION. The undersigned PURCHASER and SELLER herein accept, approve and authorize the use of the legal description as evidenced in Preliminary Title Report No. 577132 . I HAVE BEEN AFFORDED ADEQUATE TIME Q IM AND OPPORTUNITY TO READ AND UNDERSTAND THESE ESCROW INSTRUCTIONS AND ALL OTHER DOCUMENTS REFERRED TO HEREIN. CITY OF KENT A WASHINGTON MUNICIPAL CORPORATION ESCROW INSTRUCTIONS (continued from previous page) ESCROW NUMBER: 63116818 DATE: July 18, 2007 BY: BY: f. .'. .'. . . . . SUZET'r Cb KE, MAYOR F # DATED. 7 7 O Purchaser's Forwarding Address: MOVE IN DATE: 220 4TH AVENUE SOUTH, KENT, WA 98032 NEW PHONE NUMBER: MELVIN HAROLD LAKE KAREN JOYCE LAKE DATED: MOVE OUT DATE: Sellers Forwarding Address: NEW PHONE NUMBER: ESCROW INSTRUCTIONS (continued from previous page) ESCROW NUMBER: 63116818 DATE: July 18, 2007 Proceeds Instructions: Wire Transfer Funds to: Total Proceeds or $ ** Bank ABA # Account # (Deposit slip or voided check attached) **Please note: Wire may not be sent until the following business day. Receiving Bank may charge a fee. Hold for pickup: Call (Contact Name) Phone Number: Assignment of Funds to Close Purchase of Property: Property Address: Amount to Transfer: Full Proceeds or $ Name of Escrow Company: Escrow No. : Name of Closer: Phone No. : Wire instructions attached (Receiving Bank may charge a fee) Mailed: Certified Regular Address: Signature: Date: Signature: Date: LIMITED ENGAGEMENT LETTER REGARDING PREPARATION OF DOCUMENTS REFERENCE ESCROW NO 63116818 The law firm of Edwin C Lagerquist,Inc,P S ("ECL")has been requested by MELVIN HAROLD LAKE AND KAREN JOYCE LAKE, HUSBAND AND WIFE as Party and CITY OF KENT, A WASHINGTON MUNICIPAL CORPORATION as Party 2 to prepare the documents hereinafter described in connection with the real property commonly known as 12665 SOUTHEAST 240TH STREET KENT WA 98030 {K} statutory Warranty Deed and Exciae Tax Affidavit LIMITED PREPARATION INFORMATION: The documents shall be consistent with the forms approved by the Washington Supreme Court for preparation by Limited Practice Officers pursuant to APR 12("approved forms") and will be prepared in accordance with the information provided by the parties to the escrow agent, Pacific Northwest Title Company of Washington, Inc (Pacific Northwest Title) The parties understand that the only Information provided ECL for preparation of the documents will be the legal and personal property descriptions,exceptions to the title,and tax parcel identification numbers consistent with the approved forms and are not tailored to specific fact sduations which are in variance with those covered by the approved forms LIMITED SCOPE OF REPRESENTATION:The scope of legal representation by ECL is limited to the preparation of the documents and the parties understand that ECL will not be Interviewing the parties and shall in no manner undertake to assist or to render legal advice in connection with this transaction or the above described documents In exchange for the documents,the parties shall pay a fee to ECL This amount will be allocated between the parties as they may agree and disbursed from escrow directly to ECL COMMON REPRESENTATION:The documents prepared by ECL will affect the legal rights of both parties and each by their signatures below hereby consent to the common representation described herein subject to the specified limitations INDIVIDUAL LEGAL REPRESENTATION:The parties understand that their interests in the documents may differ and that each of the parties has a right to be represented by their own attorney, including the right to have their own attorney prepare the documents,and further,to have their attorney present at the closing of this transaction Except as to the preparation of documents as specified herein,ECL is not acting as an advocate or representative of either of the parties ACKNOWLEDGEMENT:The undersigned parties hereby acknowledge that PRIOR TO THE EXECUTION OF ANY DOCUMENTS IN CONNECTION WITH THIS TRANSACTION,THEY 1) HAVE READ THE TERMS OF THIS DOCUMENT, 2) UNDERSTAND THE TERMS OF THIS DOCUMENT,and 3) HAVE HAD AMPLE OPPORTUNITY TO OBTAIN INDEPENDENT LEGAL COUNSEL TO ASSIST THEM IN THIS TRANSACTION MISCELLANEOUS.This document may be executed in one or more counterparts,and all of the counterparts shall constitute one and the same agreement,notwithstanding that all parties hereto are not signatories to the same or original counterpart Facsimile transmission of any signed document,and retransmission thereof,shall be the same as delivery of an original At the request of either party, Pacific Northwest Title,or ECL,the parties will confirm facsimile transmitted signatures by signing an original document PARTY 1 PARTY 2 CITY OP KENT MELVIN HAROLD LAKE Date SO TTE COOK MAYOR D KAREN JOYCE LAKE Date Date Date Date Date Date When Recorded Return To- Property Management City of Kent 220 4th Avenue South Kent, Washington 98032-5895 ..............................................•..a E 0 z 0 E 000 E 000 N 000 N.\.......1 Grantor: City of Kent, a Washington municipal corporation Grantee: State of Washington Abbreviated Legal Description: Lot 2, Short Plat No. 674032, STR 21-22-05 Full Legal Description: See Exhibit "A" of document Assessor's Tax Parcel No.: 2122059157 & 2122059153 Project Name: Melvin & Karen Lake - Clark Lake DEED OF RIGHT TO USE LAND FOR PUBLIC RECREATION PURPOSES The Grantor, the City of Kent, for and in consideration of monies coming in whole or in part from the Outdoor Recreation Account of the General Fund of the State of Washington and in fulfillment of terms of the Project Agreement identified below, conveys and grants to the State of Washington individually and as the representative of all the people of the State, the right to use the real property described below forever for outdoor recreation purposes. Those purposes are described in the Project Agreement entered into between the Grantor and the State of Washington through the Interagency Committee for Outdoor Recreation entitled Clark Lake Park Expansion, Project Number 04-1143A, signed by the Grantor on June 9, 2005 and by the Interagency Committee on April 4, 2005, along with the application and supporting materials, which are on file with the Grantor and the State in connection with the Project Agreement, DEED OF RIGHT TO USE LAND FOR PUBLIC RECREATION PURPOSES - 1 (Lake Property - Clark Lake) (July 26, 2007) S The Grantor will not make or permit to be made any use of the real property described in this deed, or any part of it, which is inconsistent with the right to use for public outdoor recreation herein granted unless the state, through the Interagency Committee for Outdoor Recreation or its successors, consents to the inconsistent use, which consent shall be granted only upon conditions which will ensure that other outdoor recreation land of at least equal fair market value at the time of change of use and of as nearly as feasible equivalent usefulness and location for the public recreation purposes for which state assistance was originally granted will be substituted in the manner provided in RCW 79A.25.100 for marine recreation land, whether or not the real property covered by this deed is marine recreation land. RCW 79A.25.100 reads as follows: Marine recreation land with respect to which money has been expended under RCW 43.99.080 (recodified as RCW 79A.25.080) shall not, without the approval of the committee, be converted to uses other than those for which such expenditure was originally approved. The committee shall only approve any such conversion upon conditions which will assure the substitution of other marine recreation land of at least equal fair market value at the time of conversion and of as nearly as feasible equivalent usefulness and location. The real property covered by this deed is described as follows: See Exhibit "A", attached and incorporated herein This deed shall in no way modify or extinguish the functions of the Grantor under the Project Agreement, including the Grantor's functions to operate and maintain the land as set out in the Project Agreement. Dated this day of 2007. CITY OF KENT: _�.AC 4 By: c -Z.V,e�_ _ f uz tt Cooke Its: fay -Notary Acknowledgement Appears on Following Page- DEED OF RIGHT TO USE LAND FOR PUBLIC RECREATION PURPOSES - 2 (Lake Property — Clark Lake) (July 26, 2007) S STATE OF WASHINGTON ) ss. COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that Suzette Cooke is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she is authorized to execute the instrument on behalf of the City of Kent as its Mayor, and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first-above written. r) �t'/�rd T , NOTARY PUBLIC, m and for the State of Washington residing at t,(0, �4 My appointment expires P\Civil\Files\OpenFdes\0807\Deed of Right Lakes doc DEED OF RIGHT TO USE LAND FOR PUBLIC RECREATION PURPOSES - 3 (Lake Property - Clark Lake) (July 26, 2007)