HomeMy WebLinkAboutPW08-377 - Original - Estate of Verla D. Little - Purchase of Little Property for Public Works - 10/30/2008 Records M MJ -erne
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WASHINGTON Document
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CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to City Clerks Office. All portions are to be completed.
If you have questions, please contact City Clerk's Office.
Vendor Name: Estate of Verla D. Little
Vendor Number:
JD Edwards Number
Contract Number: P z
This is assigned by City Clerk's Office
Project Name: Real Estate Purchase and Sale Agreement
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract
® Other: Real Estate Purchase & Sale Agreement
Contract Effective Date: 10/30/08 Termination Date:
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: K Johnson Department: Parks - Human Services
Detail: (i.e. address, location, parcel number, tax id, etc.):
Dorothy Hansen Personal Representative for the Estate
S:Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08
REAL ESTATE PURCHASE AND SALE AGREEMENT
WITH EARNEST MONEY PROVISION
This contract controls the terms of the sale of real property.
(Please read carefully before signing.)
This Agreement is entered between the CITY OF KENT, a Washington municipal
corporation ("Buyer"), whose mailing address Is 220 4th Ave. S, Kent, Washington
98032, and the Estate of Verla D. Little (Dorothy Hansen, Personal Representative)
("Seller"), whose mailing address Is c/o Washington Probate Services, 633 N. Mildred
St., Suite G.,Tacoma, WA 98406, for the sale and purchase of real property as follows:
1. PROPERTY. The Property, including all improvements and appurtenances
situated thereon, which Buyer, under threat of exercise of Buyer's power of eminent
domain, agrees to buy and Seller agrees to sell, is known as King County tax parcel
Nos. 1822059023 and 1822059022 ("Property"). The Property Is legally described In
Exhibit A, attached hereto and incorporated herein by thi e eLLr1e c_. The Property Is
shown on Exhibit B attached hereto and inc r prat ei� �Rs reference.
ice)
2. EARNEST MONEY. Within € days of mutual acceptance of this t
Agreement, Buyer shall deposit with Pacific Northwest Title Company, 116 Washington
Avenue North, Kent, Washington 98032, TEN THOUSAND and NO/100ths Dollars
($10,000.00), 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 SEVEN
HUNDRED SEVENTY FIVE THOUSAND AND NO/100ths Dollars($775,000.00), including
earnest money, payable at 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. Approval must include, among other matters at Buyer's
discretion, verification that title to the Property is vested solely in
the Estate of Verla D. Little.
(c) Buyer's review and approval of a real estate appraisal supporting
the Purchase Price Prior to Closing.
REAL ESTATE PURCHASE AND SALE AGREEMENT
Little Property Page 1 of 6 (October 10, 2008)
(d) A Feasibility Study which supports the appraisal and which will be
performed as follows:
(I.) Buyer shall have sixty (60) 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
Buyer's Intended use.
(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,
preliminary architectural and engineering studies, and
marketing feasibility.
(3) 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.
(4) 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
REAL ESTATE PURCHASE AND SALE AGREEMENT
Little Property Page 2 of 6 (October.10, 2008)
deliver to Seller copies of all information and documentation
obtained by Buyer In connection with its feasibility study.
(5) If Buyer falls to notify Seller of its acceptance of the
feasibility of the Real Property, In writing, on or before the
expiration of the feasibility period,then this Agreement shall
be terminated, and neither Buyer nor Seller shall have any
further rights, duties or obligations hereunder, except that
the Earnest Money held In Accountable Escrow, by Buyer to
Seller shall be immediately returned to Buyer. Buyer agrees
to return the Property to its original state (i.e., fill all boring
holes, etc.).
Should any of these contingencies not be satisfied prior to the agreed date for
Closing, then this Agreement shall terminate and neither Buyer nor Seller shall have
any further rights, duties or obligations hereunder, except that the Earnest Money held
by Pacific Northwest Title Company shall be Immediately 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 special warranty deed in the
form of a Personal Representative's Deed with no warranties except as to capacity and
authority of Personal Representative.
6. TITLE INSURANCE. At Closing, Seller shall cause Pacific Northwest Title
Escrow, whose address and telephone number is 1I.6 Washington Avenue North, Kent,
Washington 98032, 253-520-0767, to issue a standard form owner's policy of title
Insurance to Buyer In an amount equal to the total purchase price of the Property. The
cost of such policy shall be paid from Seller's funds at Closing. For purposes of this
Agreement, the following shall not be deemed encumbrances or defects: subsurface
rights reserved by the state; federal patents; building or use restrictions consistent with
current zoning; and public utility and road easements of record. If title cannot be made
so insurable prior to the Closing date called for herein, unless Buyer elects to waive the
defects or encumbrances, this Agreement shall terminate.
7. CLOSING COSTS AND PRO-RATIONS. The cost of escrow shall be
shared equally between Buyer and Seller, except those fees which are expressly limited
by Federal Regulation. Taxes for the current year, rents, Interest, Association,
REAL ESTATE PURCHASE AND SALE AGREEMENT
Little Property Page 3 of 6 (October 10, 2008)
Condominium and/or Homeowner's fees, water and other utility charges, If any, shall be
pro-rated as of date of closing unless otherwise agreed. Excise tax, if any, shall be the
responsibility of the Seller.
8. CLOSING OF THE SALE. WITH THE UNDERSTANDING THAT TIME IS OF
THE ESSENCE FOR THIS AGREEMENT, this sale shall be closed within twenty one (21)
days of the date of satisfaction and release of all contingencies. The date of closing
shall also be the termination date of this Agreement, 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 Company, 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.
9. POSSESSION. Buyer shall be entitled to possession on closing.
10. SELLER'S REPRESENTATIONS. Seller represents:
(a) that he/she will maintain the property in present or better condition
until time of agreed possession;
(b) that he/she has no knowledge or notice from any governmental
agency of any violation of laws relating to the subject property
except: __...___.__� ,.
(c) that the property is not encumbered by any leases.
11. DEFAULT AND ATTORNEY'S PEES.
(a) Buyer's Default. IF BUYER DEFAULTS HEREUNDER, SELLER'S
SOLE REMEDY SHALL BE LIMITED TO DAMAGES AGAINST BUYER
IN THE LIQUIDATED AMOUNT OF THE EARNEST MONEY
PREVIOUSLY PAID THE BUYER. BUYER AND SELLER INTEND THAT
SAID AMOUNT CONSTITUTES LIQUIDATED DAMAGES: AND SO AS
TO AVOID OTHER COSTS AND EXPENSES TO EITHER PARTY IN
CONNECTION WITH POTENTIAL LITIGATION ON ACCOUNT OF
BUYERS' DEFAULT. BUYER AND SELLER BELIEVE SAID AMOUNT
TO BE A FAIR ESTIMATE OF ACTUAL DAMAGES.
REAL ESTATE PURCHASE AND SALE AGREEMENT
Little Property Page 4 of 6 (October 10, 2008)
(b) Seller's Default. IF SELLER DEFAULTS HEREUNDER, BUYER
SHALL HAVE ALL THE RIGHTS AND REMEDIES AVAILABLE AT LAW
OR IN EQUITY.
(c) Attorney's Fees and Costs. In the event of litigation to enforce
any of the terms or provisions herein, each party shall pay all its
own costs and attorneys fees.
12. NOTICE TO SELLER AND BUYER. This form contains provisions for an
agreement for the purchase and sale of real estate. The Buyer makes NO WARRANTY
OR REPRESENTATION OF ANY KIND that this form, or any of its provisions, Is intended
to meet the factual and legal requirements of a particular transaction, or that It
accurately reflects the laws of the State of Washington at the time you enter the
agreement. THIS AGREEMENT HAS SIGNIFICANT LEGAL AND FINANCIAL
CONSEQUENCES AND YOU ARE ADVISED TO SEEK INDEPENDENT LEGAL AND
FINANCIAL COUNSEL REGARDING THESE CONSEQUENCES. if you do not understand
the effect of any part, consult your Attorney before signing.
13. 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.
14. 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, addressed
as set forth below:
(a) All notices to be given to Buyer shall be addressed as follows:
Larry Blanchard, Public Works Director
City of Kent
220 Fourth Avenue South
Kent, Washington 98032
(b) All notices to be given to Seller shall be addressed as follows:
Dorothy Hansen, Personal Representative
c/o Washington Probate Services
633 N. Mildred St., Suite G.
Tacoma, WA 98406
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
REAL ESTATE PURCHASE AND SALE AGREEMENT
Little Property Page 5 of 6 (October 10, 2008)
on the day such notice is personally served, or on the third day following the day such
notice is mailed in accordance with this paragraph.
15. 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.
16. BINDING EFFECT AND SURVIVAL. This Agreement shall be binding
upon parties hereto and their respective heirs, successors and assigns; and the terms,
conditions and provisions of this Agreement shall survive the closing of this transaction.
17. 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.
18. EXPIRATION OF OFFER. Seller shall have only until 5.00 P.M. on
October 20, 2008 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 rights of the parties
hereunder shall terminate.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the
date set forth below.
BUYER: SELLER:
THE CITY OF KENT ESTATE OF VERLA D. LITTLE
By: B Dorothy nsen
u et Cooke, Mayor Y� Personal epresentative of the
Estate of V/eria D. Little
Dated
/ Dated:
APPROVED AS TO FORM:
1
By. I
City of Kent I Department
P.\civil\Files\openFiles\i9s7\uttlePurchaseandsaleAgreementiOiOOB.doc
REAL ESTATE PURCHASE AND SALE e 6 AGREEMENT 6 (October 10, 2008)
Little Property
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Exhibit A
Tax Lot 182206-9022
BEGINNING at a point in the south boundary of Government Lot 4, Section 18,
Township 22 North, Range 5 East, W.M., in King County, Washington,which
point is 311 feet west of the southeast corner of said Government Lot 4; thence
north, parallel with the east boundary line of said Government Lot 4, a distance of
80 rods (1320 feet), more or less, to the north boundary line of said Government
Lot 4; thence west 236 feet, along the north boundary line of said Government
Lot 4; thence south, parallel with the east boundary line of said Government Lot
4, a distance of 80 rods (1320 feet), more or less, to the south boundary line of
Government Lot 4; thence east, along the south boundary line, 236 feet to the
POINT OF BEGINNING;
Except that portion thereof conveyed to Drainage District No. 1 for drainage ditch
by deed recorded under King County Recording Number 612351;
And except the south 30 feet thereof conveyed to the City of Kent for road by
deed recorded under King County Recording Number 2858895;
And except that portion thereof platted as Little's Addition to Kent, according to
the plat thereof recorded in Volume 53 of Plats, page 86, in King County,
Washington.
Tax Lot 182205-9023
BEGINNING at the southwest corner of Government Lot 4, Section 18, Township
22 North, Range 5 East, W.M., in King County,Washington; thence east, along
the south line of said government lot, 38 rods (627 feet) to the southwest corner
of a certain 7 acre tract heretofore conveyed to Elisha Newman by deed
recorded under King County Recording Number 332387; thence north, along the
west line of said 7 acre tract, 1320 feet, more or less, to the north line of said
government lot; thence west, along the north line of said government lot, 38 rods
(627 feet) to the northwest corner of said government lot; thence south 1320 feet,
more or less, to the POINT OF BEGINNING;
Except the west 264.25 feet of the south 330 feet of said Government Lot 4;
And except that portion thereof conveyed to Drainage District No. 1 for drainage
ditch by deed recorded under King County Recording Number 612351;
And except the south 30 feet thereof conveyed to the City of Kent for road by
deed recorded under King County Recording Number 2858895;
i
And except the south 6 feet thereof condemned under King County Superior
Court Cause Number 706261;
And except that portion platted as Little's Addition to Kent, according to the plat
thereof recorded in Volume 53 of Plats, page 8�, in King County,Washington.
EXHIBIT
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1822059023 1822059022
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SCALE 1 "=150'
REQUEST FOR MAYOR'S I NATU F
KENT Please Fill in All Applicable Boxes
WASHINGTON
Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Originator: 0 J��� W Phone (Originator): S�Zp
Date Sent: Cl)k3 Date Required: to 31 �g
Return Signed Document to:C'ekco CONTRACT TERMINATION DATE: N
VENDOR NAME: �5 �`� o Vp 0_ DATE OF COUNCIL APPROVAL:
Brief Explanation of Document: L
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All Contracts Must Be Routed Through the Law Department
IlThiS A, ca Lo.be Con pleted By the Laub Department)
RECEIVED
Received:
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Approval of Law Dept.: �' � � �C J '=`�o�
Law Dept. omrnents: E _ " City of �er�f
��- \ office of the t tayoV
Date Forwarded to Mayor: ! u Q rJ
Shaded Areas to Be Completed by Administration Staff ..
Received:
Recommendations &'Comments:
Disposition: /C ?®C/ f AyI21
Date Returned:'
Iage5870 3/05