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HomeMy WebLinkAboutPK07-363 - Original - Hoang Tran - Purchase & Sale Agreement - 11/26/2007 J REAL ESTATE PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF KENT AND HOANG TRAN 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 HOANG TRAN ("Seller"), who's mailing address is 310 Naden Ave South, Kent, Washington 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 of King County tax parcel number 6000000050 located at 310 Naden Avenue South, Kent, Washington, and legally described in Exhibit A, attached and incorporated by this reference (the "Property"). 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 North, Kent, Washington 98032, One Thousand Five Hundred Dollars and No/100ths ($1,500.00) 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 purchase price for the Property will be Three Hundred Ninety Two Thousand Five Hundred Dollars and 00/100 ($392,500.00). This amount includes Two Thousand Dollars ($2,000.00) reimbursement for Seller's attorney's fees. The purchase price will be 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. (c) Buyer's review and approval of the disclosure statement completed by the Seller, attached as Exhibit C. (d) Buyers review and acceptance of a feasibility study as follows: Real Estate Purchase and Sale Agreement - Page 1 of 7 (November 15, 2007) (between City of Kent and Hoang Tran) (i) Buyer shall have forty-five (45) days from the date of mutual acceptance of this Agreement to determine, in Buyer's sole and absolute discretion, if the real property is feasible for investment and/or development by Buyer. Buyer agrees to assume all liability for and to defend, indemnify and save Seller harmless from all liability and expense (including reasonable attorneys' fees) in connection with all claims, suits and actions of every name, kind and description brought against Seller or its agents or employees by any person or entity as a result of or on account of injuries or damages to persons, entities and/or property received or sustained, arising out of, in connection with or as a result of the acts or omissions of Buyer or its agents or employees in exercising its rights under the right of entry granted in this Section, except for claims caused by Seller's negligence. (ii) 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, preliminary architectural and engineering studies, and marketing feasibility. (III) 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 water 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 will consist of on-site sampling, including the digging or boring of test holes for soil samples. BY EXECUTING THIS AGREEMENT, SELLER HEREBY AUTHORIZES BUYER A RIGHT OF ENTRY ON TO THE PROPERTY FOR THE PURPOSE OF CONDUCTING THIS FEASIBILITY STUDY INCLUDING A PHASE I, AND IF NECESSARY, A PHASE II ENVIRONMENTAL ASSESSMENT. SELLER WILL BE NOTIFIED IF A PHASE II ENVIRONMENTAL ASSESSMENT IS TO BE CONDUCTED. (iv) 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 Buyer also agrees, if requested by Seller, to deliver to Seller copies of all information and documentation obtained or developed by Buyer in connection with its feasibility study. T Real Estate Purchase and Sale Agreement - Page 2 of 7 (November 15, 2007) (between City of Kent and Hoang Tran) If Buyer fails to notify Seller of the removal of the contingencies in 4(d) above, in writing, on or before forty-five (45) days after mutual acceptance, then this Agreement shall be terminated, and neither Buyer nor Seller shall have any further rights, duties or obligations hereunder, except as follows: the refundable earnest money held by Pacific Northwest Title shall be immediately returned to Buyer, Buyer's obligation to indemnify and hold harmless in 4(d) shall continue, and Buyer shall return the Property to its original state prior to Buyer's entry for the feasibility study. S. CONVEYANCE AND CONDITION OF TITLE. The title to the 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. 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 one half by Seller and one half 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. 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 January 31, 2008, unless otherwise agreed 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 44 - 1 Real Estate Purchase and Sale Agreement - Page 3 of 7 (November 15, 2007) (between City of Kent and Hoang Tran) 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 agrees as follows: (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: (c) Prior to Closing, Seller shall either provide Buyer with proof, to Buyer's satisfaction, that any fuel storage tank has previously been decommissioned; or Seller shall decommission the fuel storage tank in accord with all applicable regulations. (d) Seller shall provide Buyer a copy of the current rental agreement for the Property to verify that the Tenant(s) residing on the Property is on a month-to-month tenancy. (e) Seller shall be responsible for Tenant vacating the Property prior to Closing. (f) Seller agrees to disconnect all utilities upon vacation by the Tenant, and prior to Closing, complete CBA Form UA, and or have the Closing agent disburse closing funds necessary to satisfy unpaid utility charges. (g) Seller agrees to pump the septic tank upon vacation by Tenant, and prior to Closing, and provide Buyer with proof of the same. (h) Seller agrees to remove all personal property from the Property prior to Closing. 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 arising or occurring during Seller's ownership of the Property (including, without limitation, a spill, discharge or contamination). This provision shall survive the Closing. Real Estate Purchase and Sale Agreement — Page 4 of 7 (November 15, 2007) (between City of Kent and Hoang Tran) 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 may be incurred by Buyer, or asserted against Buyer, by any other party or parties (including, without limitation, a governmental entity), arising out of any environmental condition existing as of and/or prior to the Closing date, including the exposure of any person 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 Hoang Tran (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. P--T Real Estate Purchase and Sale Agreement - Page 5 of 7 (November 15, 2007) (between City of Kent and Hoang Tran) f 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: (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: Hoang Tran C/O Her Attorneys Le & Associates, PS�II kt�Ag C[�8Q3� 135 Park Ave. N.*20QV RIaQne..(253) Renton, WA 98057 Phone: (425)228-1885 Fax: (425 )228-1890 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 ail 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 this Agreement shall be the last date on which the parties to this Agreement have executed this Agreement as Indicated below. Real Estate Purchase and Sale Agreement - Page 6 of 7 (November 15, 2007) (between City of Kent and Hoang Tran) 19. EMINENT DOMAIN. The parties acknowledge that this purchase is made under the imminent threat of the exercise of Buyer's right of eminent domain. 20. EXPIRATION OF OFFER. Seller shall have only until 5:00 p.m. on November 29, 2007, 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 terminate. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set forth below. BUYER: SELLER: 00, CITY OF T TRAN By: By: z e C oke Hoang Tr n Its: Ma r Its: Owner Date / - Dated: - O APPROVED AS TO FORM: Kent Law D a ment P:\Civil\Files\OpenFlles\1070\Tran-REPSA-111507.doc Real Estate Purchase and Sale Agreement - Page 7 of 7 (November 15, 2007) (between City of Kent and Hoang Tran) EXHIBIT "A" LEGAL DESCRIPTION: The north half of the following described property: Portion of Government Lot 7, Section 24, Township 22 North, Range 4 East, W.M. , in King County, Washington, described as follows: Beginning at a point in the west boundary line of the Seattle-Tacoma Interurban right of way, which is 726 feet south of the south boundary line of Meeker Avenue in the Town of Kent; Thence running west 340.35 feet; Thence south 132 feet; Thence east 354.31 feet,-to the west boundary line of the right of way of said railroad; Thence along the west boundary line of said right of way 132.54 feet to the beginning; EXCEPT the east 6 feet thereof; EXCEPT the portion conveyed to the State of Washington under Warranty Deed dated March 25, 1966, recorded under Recording Number 6024615. f , a`t 2•122_ iLG66 �422949 fl 2d 22949069 -- dt :�•t='2U49056 ti�IC1UUCI90!U 1•(26 1 lI { y _ �,.t��Jrl•(9U5�1 " t 9t3151;,tt.f�5 � - •16GJJJ 1J I'1 � ; I 1 1 9d�,r1J1115 .t r! 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W SAAR ST ---- - - �'J_aAAR ST } 13493C1006G_.___-- •-- -_-•- - 1 ,+ - � �� 6000G00UBG-�------ -�--2•i?20•f 9G58 --._34 93C..J•f.,__98.16101295 {CI 20D8 King County ar __ tr ,'• 9825tC 9J-- 6',�Wl' LIS ST Q 0.OTTInI j1) r -EXHIBIT '"B" i EXHIBIT"C" SELLER'S DISCLOSURE STATEMENT INSTRUCTIONS TO THE SELLER 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 answer is "yes" to any * items, please explain on attached sheets. Please refer to the line number(s) of the question(s) when you provide your explanation(s). For your protection you must date and sign each page of this disclosure statement and each attachment. Delivery of the disclosure statement must occur not later than five business days, unless otherwise agreed, after mutual acceptance of a written contract to purchase between a buyer and a seller. NOTICE TO THE BUYER THE FOLLOWING DISCLOSURES ARE MADE BY SELLER ABOUT THE CONDITION OF THE PROPERTY LOCATED AT , KENT, WASHINGTON, ("THE PROPERTY"), OR AS LEGALLY DESCRIBED ON ATTACHED EXHIBIT A. SELLER MAKES THE FOLLOWING DISCLOSURES OF EXISTING MATERIAL FACTS OR MATERIAL DEFECTS TO BUYER BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME SELLER COMPLETES THIS DISCLOSURE STATEMENT. UNLESS YOU AND SELLER OTHERWISE AGREE IN WRITING, YOU HAVE THREE BUSINESS DAYS FROM THE DAY SELLER OR SELLER'S AGENT DELIVERS THIS DISCLOSURE STATEMENT TO YOU TO RESCIND THE AGREEMENT BY DELIVERING A SEPARATELY SIGNED WRITTEN STATEMENT OF RESCISSION TO SELLER OR SELLER'S AGENT. IF THE SELLER DOES NOT GIVE YOU A COMPLETED DISCLOSURE STATEMENT, THEN YOU MAY WAIVE THE RIGHT TO RESCIND PRIOR TO OR AFTER THE TIME YOU ENTER INTO A SALE AGREEMENT. THE FOLLOWING ARE DISCLOSURES MADE BY SELLER AND ARE NOT THE REPRESENTATIONS OF ANY REAL ESTATE LICENSEE OR OTHER PARTY. THIS INFORMATION IS FOR DISCLOSURE ONLY AND IS NOT INTENDED TO BE A PART OF ANY WRITTEN AGREEMENT BETWEEN BUYER AND SELLER. FOR A MORE COMPREHENSIVE EXAMINATION OF THE SPECIFIC CONDITION OF THIS PROPERTY YOU ARE ADVISED TO OBTAIN AND PAY FOR THE SERVICES OF QUALIFIED EXPERTS TO INSPECT THE PROPERTY, WHICH MAY INCLUDE, WITHOUT LIMITATION, ARCHITECTS, ENGINEERS, LAND SURVEYORS, PLUMBERS, ELECTRICIANS, ROOFERS, BUILDING INSPECTORS, ON-SITE WASTEWATER TREATMENT INSPECTORS, OR STRUCTURAL PEST INSPECTORS. THE PROSPECTIVE BUYER AND SELLER MAY WISH TO OBTAIN PROFESSIONAL ADVICE OR INSPECTIONS OF THE PROPERTY OR TO PROVIDE APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN THEM WITH RESPECT TO ANY ADVICE, INSPECTION, DEFECTS OR WARRANTIES. Seller ... is/ ... is not occupying the property. Seller's Disclosure Statement - Page 1 of 8 I. SELLER'S DISCLOSURES: *If you answer "Yes" to a question with an asterisk (*), please explain your answer and attach documents, if available and not otherwise publicly recorded. If necessary, use an attached sheet. Y. TITLE [] Yes [] No [] Don't know A. Do you have legal authority to sell the property? If no, please explain. [] Yes [] No [] Don't know B. Is title to the property subject to any of the following? (1) First right of refusal (2) Option (3) Lease or rental agreement (4) Life estate? [] Yes [] No [] Don't know C. Are there any encroachments, boundary agreements, or boundary disputes? [] Yes [] No [] Don't know D. Are there any rights of way, easements, or access limitations that may affect the Buyer's use of the property? [] Yes [] No [] Don't know E. Are there any written agreements for joint maintenance of an easement or right of way? [] Yes [] No [] Don't know F. Is there any study, survey project, or notice that would adversely affect the property? [] Yes [] No [] Don't know G. Are there any pending or existing assessments against the property? [] Yes [] No [} Don't know H. Are there any zoning violations, nonconforming uses, or any unusual restrictions on the property that would affect future construction or remodeling? [] Yes [] No [] Don't know I. Is there a boundary survey for the property? [] Yes [] No [) Don't know 7. Are there any covenants, conditions, or restrictions which affect the property? Seller's Disclosure Statement - Page 2 of 8 2. WATER A. Household Water (1) The source of water for the property is: [] Private or publicly owned water system [] Private well serving only the subject property *[] Other water system [] Yes [] No [] Don't know *If shared, are there any written agreements? [] Yes [] No [] Don't know (2) Is there an easement (recorded or unrecorded) for access to and/or maintenance of the water source? [] Yes [] No [] Don't know (3) Are there any known problems or repairs needed? [] Yes [] No [] Don't know (4) During your ownership, has the source provided an adequate year round supply of potable water? If no, please explain. [] Yes [] No [] Don't know *(5) Are there any water treatment systems for the property? If yes, are they [ ]Leased [ ]Owned B. Irrigation [] Yes [] No [] Don't know (1) Are there any water rights for the property, such as a water right, permit, certificate, or claim? [] Yes [] No [] Don't know *(a) If yes, have the water rights been used during the last five yea rs? [] Yes [] No [] Don't know *(b) If so, is the certificate available? C. Outdoor Sprinkler System [] Yes [] No [] Don't know (1) Is there an outdoor sprinkler system for the property? [] Yes [] No [] Don't know (2) If yes, are there any defects in the system? [] Yes [] No [] Don't know *(3) If yes, is the sprinkler system connected to irrigation water? 3. SEWER/ON-SITE SEWAGE SYSTEM A. The property is served by: [] Public sewer system, [] On-site sewage system (including pipes, tanks, drainfields, and all other component parts) [] Other disposal system, please describe: [] Yes [] No [] Don't know Seller's Disclosure Statement - Page 3 of 8 B. If public sewer system service is available to the property, is the house connected to the sewer main? If no, please explain. [] Yes [] No [] Don't know C. Is the property subject to any sewage system fees or charges in addition to those covered in your regularly billed sewer or on-site sewage system maintenance service? [] Yes [] No [] Don't know D. If the property is connected to an on-site sewage system: [] Yes [] No [] Don't know (1) Was a permit issued for its construction, and was it approved by the local health department or district following its construction? (2) When was it last pumped: [] Yes [] No [] Don't know (3) Are there any defects in the operation of the on-site sewage system? [] Don't know (4) When was it last inspected? By Whom:. [] Don't know (5) For how many bedrooms was the on-site sewage system approved? bedrooms [] Yes [] No [] Don't know E. Are all plumbing fixtures, including laundry drain, connected to the sewer/on-site sewage system? If no, please explain: [] Yes [] No [] Don't know F. Have there been any changes or repairs to the on-site sewage system? [] Yes [] No [] Don't know G. Is the on-site sewage system, including the drainfield, located entirely within the boundaries of the property? If no, please explain. [] Yes [] No [] Don't know H. Does the on-site sewage system require monitoring and maintenance services more frequently than once a year? If yes, please explain. Seller's Disclosure Statement - Page 4 of 8 NOTICE: IF THIS RESIDENTIAL REAL PROPERTY DISCLOSURE STATEMENT IS BEING COMPLETED FOR NEW CONSTRUCTION WHICH HAS NEVER BEEN OCCUPIED, THE SELLER IS NOT REQUIRED TO COMPLETE THE QUESTIONS LISTED IN ITEM 4. STRUCTURAL OR ITEM 5. SYSTEMS AND FIXTURES 4. STRUCTURAL [] Yes [] No [] Don't know A. Has the roof leaked? [] Yes [] No [] Don't know B. Has the basement flooded or leaked? [] Yes [] No [) Don't know C. Have there been any conversions, additions, or remodeling? [] Yes [] No [] Don't know (1) If yes, were all building permits obtained? [J Yes [] No [] Don't know (2) If yes, were all final inspections obtained? [) Yes [] No [] Don't know D. Do you know the age of the house? If yes, year of original construction: [] Yes [] No [] Don't know E. Has there been any settling, slippage, or sliding of the property or its improvements? [] Yes [] No [] Don't know F. Are there any defects with the following: (If yes, please check applicable items and explain.) [] Foundations [] Decks [] Exterior Walls [] Chimneys [] Interior Walls [] Fire Alarm [] Doors [] Windows [] Patio [] Ceilings [] Slab Floors [] Driveways [] Pools [] Hot Tub [] Sauna [] Sidewalks [] Outbuildings [] Fireplaces [] Garage Floors [] Walkways [] Siding [] Other [] Wood Stoves [] Yes [] No [] Don't know G. Was a structural pest or "whole house" inspection done? If yes, when and by whom was the inspection completed? [] Yes [] No [] Don't know H. During your ownership, has the property had any wood destroying organism or pest infestation? [] Yes [] No [] Don't know I. Is the attic insulated? [] Yes [] No [] Don't know J. Is the basement insulated? Seller's Disclosure Statement - Page 5 of 8 S. SYSTEMS AND FIXTURES A. If any of the following systems or fixtures are included with the transfer, are there any defects? If yes, please explain. [] Yes [] No [] Don't know Electrical system, including wiring, switches, outlets, and service [] Yes [] No [] Don't know Plumbing system, including pipes, faucets, fixtures, and toilets [] Yes [] No [] Don't know Hot water tank [] Yes [] No [] Don't know Garbage disposal [] Yes [] No [] Don't know Appliances [] Yes [J No [] Don't know Sump pump [] Yes [] No [] Don't know Heating and cooling systems [] Yes [] No [] Don't know Security system [] Owned [] Leased Other......................................... B. If any of the following fixtures or property is included with the transfer, are they leased? (If yes, please attach copy of lease.) [] Yes [] No [] Don't know Security system. [] Yes [] No [] Don't know Tanks (type):. [] Yes [] No [] Don't know Satellite dish [] Yes [] No [] Don't know Other:........................................ 6. COMMON INTERESTS [] Yes [] No [] Don't know A. Is there a Home Owners' Association? Name of Association [] Yes [] No [] Don't know B. Are there regular periodic assessments: $ per [ ] Month [ ] Year [] Other [] Yes [] No [] Don't know C. Are there any pending special assessments? [] Yes [] No [] Don't know D. Are there any shared "common areas" or any joint maintenance agreements (facilities such as walls, fences, landscaping, pools, tennis courts, walkways, or other areas co-owned in undivided interest with others)? Seller's Disclosure Statement - Page 6 of 8 7. GENERAL [] Yes [] No [] Don't know A. Have there been any drainage problems on the property? [] Yes [] No [] Don't know B. Does the property contain fill material? [] Yes [] No [] Don't know C. Is there any material damage to the property from fire, wind, floods, beach movements, earthquake, expansive soils, or landslides? [] Yes [] No [] Don't know D. Is the property in a designated flood plain? [] Yes [] No [] Don't know E. Are there any substances, materials, or products on the property that may be environmental concerns, such as asbestos, formaldehyde, radon gas, lead-based paint, fuel or chemical storage tanks, or contaminated soil or water? [] Yes [] No [] Don't know F. Has the property ever been used as an illegal drug manufacturing site? [] Yes [] No [] Don't know G. Are there any radio towers in the area that may cause interference with telephone reception? 8. MANUFACTURED AND MOBILE HOMES If the property includes a manufactured or mobile home, [] Yes [] No[] Don't know A. Did you make any alterations to the home? If yes, please describe the alterations: [] Yes [] No [] Don't know S. Did any previous owner make any alterations to the home? If yes, please describe the alterations: [] Yes [] No [] Don't know C. If alterations were made, were permits or variances for these alterations obtained? 9. FULL DISCLOSURE BY SELLERS A. Other conditions or defects: [] Yes [] No [] Don't know Are there any other existing material defects affecting the property that a prospective buyer should know about? B. Verification: The foregoing answers and attached explanations (if any) are complete and correct to the best of my/our knowledge and I/we have received a copy hereof. I/we authorize all of my/our real estate licensees, if any, to deliver a copy of this disclosure statement to other real estate licensees and all prospective buyers of the property. DATE: SELLER SELLER Seller's Disclosure Statement - Page 7 of 8 NOTICE TO THE BUYER INFORMATION REGARDING REGISTERED SEX OFFENDERS MAY BE OBTAINED FROM LOCAL LAW ENFORCEMENT AGENCIES. THIS NOTICE IS INTENDED ONLY TO INFORM YOU OF WHERE TO OBTAIN THIS INFORMATION AND IS NOT AN INDICATION OF THE PRESENCE OF REGISTERED SEX OFFENDERS. II. BUYER'S ACKNOWLEDGMENT A. Buyer hereby acknowledges that: Buyer has a duty to pay diligent attention to any material defects that are known to Buyer or can be known to Buyer by utilizing diligent attention and observation. B. The disclosures set forth in this statement and in any amendments to this statement are made only by the Seller and not by any real estate licensee or other party. C. Buyer acknowledges that, pursuant to RCW 64.06.050(2), real estate licensees are not liable for inaccurate information provided by Seller, except to the extent that real estate licensees know of such inaccurate information. D. This information is for disclosure only and is not intended to be a part of the written agreement between the Buyer and Seller. E. Buyer (which term includes all persons signing the "Buyer's acceptance" portion of this disclosure statement below) has received a copy of this Disclosure Statement (including attachments, if any) bearing Seller's signature. DISCLOSURES CONTAINED IN THIS DISCLOSURE STATEMENT ARE PROVIDED BY SELLER BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME SELLER COMPLETES THIS DISCLOSURE STATEMENT. UNLESS BUYER AND SELLER OTHERWISE AGREE IN WRITING, BUYER SHALL HAVE THREE BUSINESS DAYS FROM THE DAY SELLER OR SELLER'S AGENT DELIVERS THIS DISCLOSURE STATEMENT TO RESCIND THE AGREEMENT BY DELIVERING A SEPARATELY SIGNED WRITTEN STATEMENT OF RESCISSION TO SELLER OR SELLER'S AGENT. IF THE SELLER DOES NOT GIVE YOU A COMPLETED DISCLOSURE STATEMENT, THEN YOU MAY WAIVE THE RIGHT TO RESCIND PRIOR TO OR AFTER THE TIME YOU ENTER INTO A SALE AGREEMENT. BUYER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS DISCLOSURE STATEMENT AND ACKNOWLEDGES THAT THE DISCLOSURES MADE HEREIN ARE THOSE OF THE SELLER ONLY, AND NOT OF ANY REAL ESTATE LICENSEE OR OTHER PARTY. DATE: BUYER BUYER. (2) If the disclosure statement is being completed for new construction which has never been occupied, the disclosure statement is not required to contain and the seller is not required to complete the questions listed in item 4. Structural, or item 5. Systems and Fixtures. (3) The seller disclosure statement shall be for disclosure only, and shall not be considered part of any written agreement between the buyer and seller of residential property. The seller disclosure statement shall be only a disclosure made by the seller, and not any real estate licensee involved in the transaction, and shall not be construed as a warranty of any kind by the seller or any real estate licensee involved in the transaction. Seller's Disclosure Statement - Page 8 of 8 EXHIBIT "A" LEGAL DESCRIPTION: The north half of the following described property: Portion of Government Lot 7, Section 24, Township 22 North, Range 4 East, W.M. , in King County, Washington, described as follows: Beginning at a point in the west boundary line of the Seattle-Tacoma Interurban right of way, which is 726 feet south of the south boundary line of Meeker Avenue in the Town of Kent; Thence running west 340.35 feet; Thence south 132 feet; Thence east 354.31 feet.-to the west boundary line of the right of way of said railroad; Thence along the west boundary line of said right of way 132.54 feet to the beginning; EXCEPT the east 6 feet thereof; EXCEPT the portion conveyed to the State of Washington under Warranty Deed dated March 25, 1966, recorded under Recording Number 6024615.