HomeMy WebLinkAboutPK07-259 - Original - Liu, Joe & Sheau Ping Ching - Real Estate Purchase & Sale Agreement - 07/17/2007 REAL ESTATE PURCHASE AND SALE AGREEMENT
WITH EARNEST MONEY PROVISION BETWEEN THE CITY OF KENT
AND JOE LIU AND SHEAU PING CHING
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 JOE LIU AND SHEAU PING CHING ("Seller"), whose mailing address is13920
SE 44th Place, Bellevue, WA 98006, 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
310 lineal feet of King County tax parcel number 132204-9080-09 located at 816 Central
Avenue North, Kent, Washington consisting of the following: approximately 14,750 square feet
legally described in Exhibit A, attached and incorporated by this reference, and approximately
3540 square feet of the Woodford Avenue Right of Way, legally described in Exhibit B, attached
and incorporated by this reference (together referred to as the "Property"). A map indicating
the location of the Property is also attached as Exhibit C. 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, Four Thousand, Five Hundred Dollars and NO/100ths ($4,500.00) 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 Ninety Thousand
Dollars and NO/100ths ($90,000.00), including earnest money, payable on Closing.
4. CONTINGENCIES. This agreement is contingent upon:
(a) Acceptance of its terms by the Kent City Council.
(b) Buyer's approval of the title report on the Property prior to Closing.
(c) Buyer's review and approval of the Real Property Transfer Disclosure
Statement ('Disclosure Statement"), completed by Kenneth Cooper pursuant to the Real Estate
Agreement between Kenneth Cooper and Joe Liu, the form of which is set forth in Exhibit D.
The "Disclosure Statement" shall be provided by the Seller within ten (10) days of mutual
acceptance of the Agreement.
Real Estate Purchase and Sale Agreement — Page 1 of 7 (June 15, 2007)
(between City of Kent and Joe Liu and Sheau Ping Ching)
(d) Buyer obtaining a lot line adjustment of tax parcel 132204-9080-09 to
include the Property within Buyer's Kent Memorial Park. Buyer shall pay all costs of the lot line
adjustment and Seller agrees to cooperate in the application process.
(e) A Feasibility Study as follows:
(1) Buyer shall have twenty (20) days from the date of mutual
acceptance of this Agreement to determine, in Buyer's sole and
absolute discretion, if the Property is feasible for purchase by
Buyer (Feasibility Period).
(2) Buyer's Feasibility Study may include (but is not limited to) a
Phase I and/or Phase II environmental assessment, utilities
availability and capacity, access availability, zoning, and
preliminary architectural and engineering studies.
(3) BY EXECUTING THIS AGREEMENT, SELLER HEREBY AUTHORIZES
BUYER A RIGHT OF ENTRY TO THE PROPERTY FOR THE PURPOSE
OF CONDUCTING THIS FEASIBILITY STUDY INCLUDING A PHASE
I, AND IF NECESSARY, A PHASE II ENVIRONMENTAL
ASSESSMENT.
(4) A Phase I environmental assessment generally will consist of a
review of title of ownership and land use, review of geologic and
hydrologic maps of the area, review of federal and state databases
for known hazardous waste generators or contaminated sites and
a site visit. If the Phase I review reveals the potential of a
contaminated site, a Phase II environmental assessment may be
conducted, which generally consists of on-site sampling, including
the digging or boring of test holes for soil samples.
(5) Buyer agrees to conduct its Feasibility Study at its sole cost and
expense, and if Buyer does not remove the feasibility contingency
on or before the expiration of the feasibility period, then the sale
shall proceed as if Buyer had completed its Feasibility Study and
accepted the results, waiving the contingency. Buyer also agrees,
if requested by Seller, to deliver to Seller copies of all information
and documentation obtained by Buyer in connection with its
Feasibility Study.
(6) Buyer agrees to return the Property to its original state (i.e., fill all
boring holes, etc.) prior to the end of the Feasibility Period.
Real Estate Purchase and Sale Agreement — Page 2 of 7 (June 15, 2007)
(between City of Kent and Joe Liu and Sheau Ping Ching)
Except as noted above, 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, except that the Earnest Money shall be returned to Buyer.
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 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 shared
equally between Buyer and Seller, except those fees that are expressly limited by Federal
Regulation. Seller shall pay for all applicable revenue stamps and excise tax. 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.
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 15 days after approval
of the lot line adjustment, or October 31, 2007, whichever is sooner 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").
Real Estate Purchase and Sale Agreement - Page 3 of 7 (June 15, 2007)
(between City of Kent and Joe Liu and Sheau Ping Ching)
9. POSSESSION. Buyer shall be entitled to possession on Closing.
10. SELLER'S REPRESENTATIONS. Seller represents:
(a) that they will maintain the Property and yard in present or better condition
until time of agreed possession,
(b) that they have 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 their knowledge they are not aware of existence of, or has caused or allowed to be
caused, any environmental condition arising 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 shall have no liability or responsibility,
whatsoever, to Buyer or any of Buyer's agents, employees, representatives or any other
person, for any damage, loss, liability, Judgments, assessment, expense, cost or fee of any
nature arising out of or in any way related to any environmental condition existing as of and/or
prior to the Closing date.
13. ABANDONMENT OF PERSONAL PROPERTY. Any personal property located on
the Property as of Closing shall be deemed to have been abandoned by the Seller and shall be
disposed of by the Buyer, as determined by the Buyer, at Seller's expense.
14. FUTURE EASEMENT RIGHTS.
(a) The parties acknowledge that Seller desires to purchase from Buyer an
easement for ingress, egress, and utilities over a portion of the current King County tax parcel
132204-9064. The parties acknowledge that at this time they have not agreed on the legal
description for the easement, and that without an agreement on this term, neither party is able
to determine if an easement agreement is acceptable for both parties. The parties do agree,
however, to cooperate in good faith during future negotiations to attempt to reach an easement
agreement that is mutually acceptable. The future of the easement is to provide access for
residential and/or commercial uses including commercial deliveries.
Real Estate Purchase and Sale Agreement - Page 4 of 7 (June 15, 2007)
(between City of Kent and Joe Liu and Sheau Ping Ching)
(b) The parties do agree that if an agreement is reached within ten years of
the closing of this sale regarding an easement it will contain the following terms:
(1) The easement will be for ingress, egress, and utilities purposes from
or to Central Avenue North.
(2) The easement will benefit Seller's real property described in Exhibit
E and burden the Buyer's real property legally described in Exhibit
A.
(3) The easement agreement will require a gate at the entrance to the
easement off of Central Avenue. Said gate shall be fabricated,
installed, and maintained by Buyer.
(4) The gate will be closed and locked each night by the party who
closes for business the latest, and opened and unlocked each
morning by the party who opens for business the earliest.
(5) A purchase price of seven dollars and 50/100 a square foot ($7.50)
that will be valid for five (5) years from the Closing of the sale of the
Property.
(6) If the easement is not purchased five (5) years from the Closing of
the sale of the Property, the parties will negotiate a fair market
value price for the easement. If the parties cannot agree on a price
then the price will be determined by an appraiser mutually
agreeable to the parties The cost of the appraisal shall be paid by
the Seller.
(7) The Buyer, as a regulatory agency, is making no representations as
to the specifications of any access that will be required of Seller at
the time Seller's property in Exhibit/� re-developed from its
current residential use.
(c) The parties agree that if no easement is purchased within ten (10) years of
the closing of this sale, Seller relinquishes all rights to purchase an easement under the terms of
this Purchase and Sale Agreement.
15. DEFAULT AND ATTORNEY'S FEES.
(a) Buyer's Default. If Buyer defaults hereunder, Seller shall have all the
rights and remedies available at law or in equity.
Real Estate Purchase and Sale Agreement - Page 5 of 7 (June 15, 2007)
(between City of Kent and Joe Liu and Sheau Ping Ching)
Buyer and Seller believe this amount to be a fair estimate of actual damages.
BUYER'S INITIALS: SELL INITIALS:
Suze to Cooke, Mayor 3o iu
Sheau Ping Ching
(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.
16. 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.
17. 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:
Joe Liu and Sheau Ping Ching
13920 SE 441h Place
Bellevue, WA 98006
Phone (206) 419-1888
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.
Real Estate Purchase and Sale Agreement - Page 6 of 7 (June 15, 2007)
(between City of Kent and Joe Liu and Sheau Ping Ching)
18. 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.
19. BINDING EFFECT AND SURVIVAL. This Agreement shall be binding upon
parties hereto and their respective heirs, successors and assigns.
20. 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.
21. EXPIRATION OF OFFER. Seller shall have only until 5:00 p.m. on _Friday_,
June 29, 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 LIU
By: By. —�.
u e to Cooke e Liu
I M r Its: Owner
D 7 Dated:
CHING
By:
Sheau ing Ching
Its: Owner
Dated.
A AS TO FORM:
By:PPROV C , 4
Kent Law Department
P\Civil\Files\Dead Files-Storage\0978\KMPLIuChmgREPSA121106 doc
Real Estate Purchase and Sale Agreement - Page 7 of 7 (June 15, 2007)
(between City of Kent and Joe Lru and Sheau Ping Ching)
EXHIBIT A
That portion of the southeast quarter of the southeast quarter of Section 13,
Township 22 North, Range 4 East, W M , in King County, Washington, described
as follows.
Commencing at the southeast corner of Block 3, Walmsley's Addition to Kent, as
recorded in Volume 45 of plats, page 15, records of King County, thence
N01°25'52"E, along the east line of said Block 3 and its northerly prolongation,
380.47 feet to the north line of the south 860 47 feet of said subdivision and the
TRUE POINT OF BEGINNING, thence continuing N01 025'52" E 59.00 feet to the
north line of the south 919 47 feet of said subdivision; thence N88036'08"W,
along said north line, 250 00 feet, thence S01°25'52"W 59 00 feet to the north
line of the south 860.47 feet of said subdivision; thence S88°36'08"E, along said
north line, 250.00 feet to the TRUE POINT OF BEGINNING.
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EXHIBIT B
Woodford Avenue Right of Way
That portion of the southeast quarter of the southeast quarter of Section 13,
Township 22 North, Range 4 East, W.M , in King County, Washington, described
as follows
Commencing at the southeast corner of Block 3, Walmsley's Addition to Kent, as
recorded in Volume 45 of plats, page 15, records of King County, thence
N01°25'52"E, along the east line of said Block 3 and its northerly prolongation,
380 47 feet to the north line of the south 860 47 feet of said subdivision and the
TRUE POINT OF BEGINNING, thence continuing N01025'52" E 59 00 feet to the
north line of the south 919 47 feet of said subdivision, thence S88°36'08"E, along
said north line, 60 00 feet, thence S01°25'52"W 59 00 feet to the north line of the
south 860 47 feet of said subdivision, thence N88036'08"W, along said north line,
60.00 feet to the TRUE POINT OF BEGINNING.
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Assessor's Map
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subject to a Yt.bl.c cffering s?atcn-ent,and certain timeshares See l;CiV 6406 for further expianat:ors. 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 qucstion(s)when you 5
provide your explanation(s). For your protection you must date and initial each cage 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 THESELLER(S),CONCERNING THE CONDITION OF THE PROPERTY LOCATED AT 10
11
CITY COUNTY ("THE PROPERTY") OR AS LEGALLY DE- 12
SCRIBED ON THE ATTACHED EXHIBIT A. DISCLOSURES CONTAINED IN THIS FORM ARE PROVIDED BYTHE SELLER ON THE BASIS OF 13
SELLER'S ACTUAL KNOWLEDGE OFTHE PROPERTYAT THE TIME THIS DISCLOSURE FORM IS COMPLETED BY THE SELLER. YOU HAVE 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 QUALIFIED SPECIALISTTO INSPECT THE PROPERTY ON YOUR BEHALF,FOR EXAMPLE,ARCHI- 22
TECTS, ENGINEERS, LAND SURVEYORS, PLUMBERS,ELECTRICIANS,ROOFERS, BUILDING INSPECTORS,OR PESTAND 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 O 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? ❑ ❑ ❑ 32
*B. Is title to the property subject to any of the following? 33
(1) First right of refusal ❑ ❑ ❑ 34
(2) Option ❑ 0 ❑ 35
(3) Lease or rental agreement D 0 ❑ 36
(4) Life estate ❑ ❑ ❑ 37
*C. Are there any encroachments,boundary agreements,or boundary disputes? ❑ 0 ❑ 38
*D. Are there any rights of way,easements,or access limitations that may alfect the ❑ 0 ❑ 39
owner's use of the property? 40
*E Are there any written agreements for joint maintenance of an easement or right of way? ❑ 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 properly? O 0 ❑ 43
*Fl. 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: DATE: SELLER'S INITIAL- DATE: A6
1
�-.0 - IV Lr?IVflry.���LTfi .ri
$({i ��yy�✓i 11T 4
561 E JlY 48
*X. 7s there a boa ndary surrey for the p.opertyn ❑ ❑ ❑ 49
`.I. Are there any covenants,conditions,or restrictions winch affect the property? V ❑ ❑
2. WATER 51
A. Household Water 52
(1) The source of the water is❑Public ❑Community ❑Private ❑Shared 53
(2) Water source information 54
*a. Are there anywritlen agreements for shared water source? ❑ 0 ❑ 55
*b Is there an easement(recorded or unrecorded) for access to and/or maintenance of ❑ 0 ❑ 56
the water source? 57
*c. Are any known problems or repairs needed? ❑ D ❑ 58
*d Does the source provide an adequate year round supply of potable water? ❑ 0 ❑ 59
*(3)Are there any water treatment systems for the property) ❑Leased ❑Owned ❑ 0 ❑ 60
B. Irrigation 61
1) Are there any water rights for the property? ❑ 0 ❑ 62
*(2) If they exist,to your knowledge,have the water rights been used during the last ❑ 0 ❑ 63
five-year period? 64
*(3) If so,is the certificate available? ❑ D ❑ 65
C. Outdoor Sprinkler System 66
(1) Is there an outdoor sprinkler system for the property? ❑ D ❑ 67
*(2) Are there any defects in the outdoor sprinkler system? ❑ 0 ❑ 68
3. SEWER/SEPTIC TANK SYSTEM 69
A. The property is served by: 70
❑Public sewer main 0 Septic tank system ❑Other disposal system 71
(describe) 72
B. If the property is served by a public or community sewer main,is the house connected ❑ ❑ ❑ 73
to the main? 74
C. is the property currently subject to a sewer capacity charge? ❑ ❑ ❑ 75
D. If the property is connected to a septic tank system: 76
(1)Was a permit issued for its construction,and was it approved by the city or county ❑ 0 ❑ 77
following its construction? 78
(2) When was it last pumped? , 19 79
*(3)Are there any defects in the operation of the septic tank system? O ❑ O 80
(4)When was it last inspected? 19 ❑ 81
By whom: 82
(5) How many bedrooms was the septic tank system approved for? bedrooms ❑ 83
*E. Are any plumbing fixtures, including laundry drain,not connected to the septic tank/sewer ❑ ❑ ❑ 84
system') 85
If not explain: 86
F. Are you aware of any changes or repairs to the septic tank system? ❑ 0 ❑ 87
G Is the septic tank system, including the drainrrcld,located entirely within the boundaries of ❑ D ❑ 88
the property? 89
4. STRUCTURAL 90
*A Has the root leaked? O 0 ❑ 91
If yes,has it been repaired? ❑ ❑ ❑ 92
SELLER'S WIT1AL: DATE: 2 SELLER'S INl7IAL• DATE 93
n A :'J.':. i..-
W A 0, For"'Yo 0.5 I1101OWeSl 111W1.D.e l5,-y SC.-do
Fey 71 5 41 RIGHTS RESERtrEC
=ae a 9 of 5=acEs
'KNGi1"-' 95
*3. 'slave there been any conversions,additions or reinodehng? " 0 C 56
,1(1)it yes, were all budd,ng perrmts
'(2)it yes, were all final inspections obta;ned? ❑ ❑ ❑ 98
C. Do you know the age of the house? If yes,year of original ❑ ❑ ❑ 99
construction. 100
*D. Do you know of any settling,slippage,or sliding of either the house or other structures/ ❑ ❑ ❑ 101
improvements located on the property? If yes,explain. 102
*E. Do you know of any defects with the following: (Please check applicable items) ❑ ❑ ❑ 103
❑ Foundations ❑ Decks ❑ Exterior Walls 104
❑ Chimneys ❑ Interior Walls ❑ Fire Alarms 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
❑ Other III
*F. Was a pest or dry rot,structural or"whole house"inspection done?When and by ❑ 0 C 112
whom was the inspection completed? 113
114
*G. Since assuming ownership,has your property had a problem with wood destroying ❑ 0 ❑ 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 ❑ 0 C 120
*B Plumbing system,including pipes,faucets,fixtures,and toilets ❑ 0 ❑ 121
*C. Hot water tank ❑ 0 ❑ 122
*D. Garbage disposal ❑ O ❑ 123
*h. Appliances C 0 C 12A
*F. Sump pump C O ❑ 125
*G. Heating and cooling systems ❑ 0 0 126
*H. Security system ❑Leased ❑Owned ❑ O ❑ 127
*1. Other 128
6. COMMON INTEREST 129
A. Is there a Home Owners' Association? ❑ ❑ ❑ 130
Name of Association 131
B. Are there regular periodic assessments? ❑ O ❑ 132
$ per O month ❑years 133
❑Other 134
*C. Are there any pending special assessments? ❑ ❑ ❑ 135
*D. Are there any shared"common areas"or any joint maintenance agreements(facilities ❑ ❑ ❑ 136
such as walls, fences,landscaping,pools,tcnms courts,walkways,or other areas 137
co-owned in undivided interest with others)? 133
SELLER'S INITIAL: DATE: 3 SELLER'S INITIAL- DATE - 139
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7. GENERAL 142
*A. Is there any settling,soil,standing water,or dra;rage p,-0bl:,s o^the properly-, D 1-2 143
*B. Does the property contain Ell material? 0 0 ❑ 144
*C Is there any material damage to the property of any of the structure from fire,wind,floods, ❑ ❑ ❑ 145
beach movements,earthquake,expansive soils,or landslides? 146
D Is the property in a designated flood plain? ❑ ❑ ❑ 147
E. Has the local(city or county)planning agency designated your property as a ❑ 0 ❑ 146
"frequently flooded area"? 149
*F Are there any substances,materials,or products that may be an environmental hazard such ❑ 0 ❑ 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 property? 152
*G. Are there any tanks or underground storage tanks(e.g,chemical,fuel,etc.)on the ❑ ❑ ❑ 153
property? 154
*H. Has the property ever been used as an illegal drug manufacturing site? ❑ ❑ ❑ 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 to 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 gist documents below). 164
165
166
❑ Sellci has❑o repas ar records 1--ria:.ning to lead-based paint and/or lead-based paint hazards 167
in the housing. 168
9. FULL DISCLOSURE BYSELLERS 169
A. Other conditions or defects: 170
*Are there any other material defects affecting this property or its value that a prospective ❑ 0 ❑ 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 t75
that the above information is maccurate Seller authorizes rcdl 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- Date: 178
Seller: Seller. 179
SELLER'S INITIAL. DATE 4 SELLER'S INITIAL DATE 180
t
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4t3_-1C-TTS RH_c-,VFO -
&I. §4C s"S?,C.. tC3o-LFUGEME?I 131
A. Buyer acknowledges the c'.u:y topay diligent attention to any material defects which are known to B-)er or can be known'o Beye by 182
t,iiu2mg diligent attcnhc-t and ohservat,on 183
B. Buyer acknowledges and understands that the disclosures set forth in th,s statement and in any amendments to this statement are made 18a
only by the Seller and not by any real estate licensee or other party Buyer acknowledges trial,pursuant to RCW 6406 050(2),real 185
estate licensees are nothable Ionraccurale information provided by Seller,except to the extent that real estate licensees know of such 165
inaccurate information This information is for disclosure only and is not intended to be a part of the written agreement between Buyer 18T
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 signalure(s) 190
D. If the house was built prior to 1978,Buyer acknowledges receipt of the pamphlet Protect Your Family From Lead in Your Nome. 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 DELIVER114G YOUR SEPARATE SIGNED WRITTEN STATEMENT OF RESCISSION TO THE SELLER UNLESS 195
YOU WAIVE THIS RIGHT OFRESCISSION. 196
BUYER HEREBYACKNOWLEDGES RECEIPT OFA COPY OFTHISREALPROPERTY 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 OFRIGHTTO 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. 208
DATE: DATE 209
BUYER: BUYER: 210
If the answer is"Yes"to any aslensked(*)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: DATE SELLER'S INITIAL DATE: 221
5
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i HiS AGREEMEVTA-FELTS YOUR LEGAL FIGWS. YOU ARE ADVISEC TO SEEK LEGAL ADVICE EEFCRE 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 ❑ ❑ ❑
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?
FYpl2im
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: Dale:
EXHIBIT E
That portion of the southeast quarter of the southeast quarter of Section 13,
Township 22 North, Range 4 East, W.M., in King County, Washington, described
as follows:
Commencing at the southeast corner of Block 3, Walmsley's Addition to Kent, as
recorded in Volume 45 of plats, page 15, records of King County; thence
N01°25'52"E, along the east line of said Block 3 and its northerly prolongation,
439 47 feet to the north line of the south 919 47 feet of said subdivision, thence
N88°36'08"W, along said north line, 250 00 feet to the TRUE POINT OF
BEGINNING, thence S01°25'52"W 59 00 feet to the north line of the south
860 47 feet of said subdivision, thence N88°36'08"W, along said north line,
27160 feet, more or less, to the easterly right of way margin of Central Avenue;
thence northerly, along said easterly margin, 59 00 feet to the north line of the
south 919.47 feet of said subdivision, thence S88036'08"E, along said north line,
271.60 feet, more or less, to the TRUE POINT OF BEGINNING.
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