HomeMy WebLinkAboutPW11-007 - Original - Irene & Harold Bartley - Purchase of Property at 26031 80th Ave S - 01/25/2011 REAL ESTATE PURCHASE AND SALE AGREEMENT
WITH EARNEST MONEY PROVISION
This Agreement is entered between the CITY OF KENT, a Washington municipal
corporation, ("Buyer") whose mailing address is 220 4"' Avenue South, Kent, Washington
98032-5895, authorized by the Kent City Council on December 8, 2009, and Irene B. Bartley
and Harold Lincoln Bartley, husband and wife, ("Seller") whose mailing address is 26031
80th Ave. S, Kent, WA 98032, for the sale and purchase of real property as follows:
1. PROPERTY. The Property, which Buyer, under threat of condemnation, agrees
to buy and Seller agrees to sell, is known as King County Tax Parcel Number 346280-0005,
located at 26031 801h Ave. S, Kent, WA 98052 (the "Property"). The Property is legally
described in Exhibit"A", attached hereto and incorporated herein by this reference.
2. EARNEST MONEY. Within ten working (10) days of mutual acceptance of this
Agreement, Buyer shall deposit with Pacific Northwest Title & Escrow Company, 116
Washington Avenue N, Kent, Washington 98032 (the "Escrow Agent"), the sum of Forty Six
Thousand Dollars and NO/100ths ($46,000.00) in the form of a Certified Check, 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 Four
Hundred and Sixty Thousand Dollars and NO/100ths ($460,000.00), including earnest
money, payable on closing.
4. CONTINENGIES. This agreement is contingent upon:
A feasibility Study as follows:
1. 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 purposes and uses intended.
Real Estate Purchase and Sale Agreement Page 1 of 8
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2. Buyer's feasibility study may include (but is not limited to) a Phase I
and/or Phase II environmental assessment, to determine if the Real
Property is feasible for purposes and uses intended.
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 of 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 period, then
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.
5. If Buyer fails to notify Seller of its approval of the Real Property, in
writing, on or before the expiration of the feasibility period, then this
Agreement shall be tennmated, and neither Buyer nor Sell shall have
any further rights, duties or obligations hereunder, except that the
Earnest Money in Escrow shall be immediately returned to Buyer.
Buyer agrees to return the Real Property to its original state (i.e , fill
all boring holes, etc.).
Real Estate Purchase and Sale Agreement Page 2 of 8
Should any of the contingencies not be met prior to closing, then this Agreement shall terminate
and neither Buyer not Seller shall have any further rights, duties or obligations hereunder, except
that the Earnest Money in Escrow shall be immediately returned to Buyer.
5. 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 One (1), Two (2), Three (3),
Four (4), Five (5) and Six (6) of Title Report Number 686691, described in Exhibit `B",
attached hereto and incorporated herein by this reference.
6. TITLE INSURANCE. At Closing, Buyer shall cause Pacific Northwest Title &
Escrow Company, 116 Washington Avenue N, Kent, Washington 98032, 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 Buyer'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 called for herein, 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 escrow fee shall be borne by
Buyer, except for those fees which are expressly limited by Federal Regulation. Buyer shall
pay all recording costs, title insurance premium, the costs of any survey, and the fees and
expenses of its consultants Taxes for the current year, rents, interest, water, sewer and other
utility charges, if any, shall be prorated as of the day of Closing, unless otherwise agreed
8. CLOSING OF THE SALE. WITH THE UNDERSTANDING THAT TIME IS
OF THE ESSENCE FOR THIS AGREEMENT, this sale shall be closed within ninety(90) days
of the date of final execution of this Agreement, which shall also be the termination date of this
Agreement, unless said closing date is extended in writing by mutual agreement of the parties
Real Estate Purchase and Sale Agreement Page 3 of 8
When notified, the Buyer and Seller will deposit, without delay, in escrow with Pacific
Northwest Title & Escrow Company, 116 Washington Avenue N, 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. CASUALTY LOSS. If prior to closing, improvements on the Property shall be
destroyed or materially damaged by fire or other casualty, this agreement, at option of the
Buyer, shall become null and void.
10. POSSESSION. Buyer shall be entitled to possession on closing.
11. SELLER'S REPRESENTATIONS. Seller represents:
(a) that s/he will maintain the property in present or better condition until time
of agreed possession;
(b) that s/he has no knowledge of notice from any governmental agency of
any violation of laws relating to the subject property.
(c) that the property is not encumbered by any leases.
12. SELLER'S ENVIRONMENTAL REPRESENTATIONS. Seller represents
that to the best of his/her knowledge that s/he is not aware of existence of, or has caused
or allowed to be caused, any environment condition (including, without limitation, a spill,
discharge or contamination) that existed as of and/or prior to the closing date or any act
of omission occurring prior to the closing date, the result of which may require remedial
action pursuant to any federal, state or local law or may be the basis for the assertion of
any third party claims, including claims of governmental entities This provision 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.
Real Estate Purchase and Sale Agreement Page 4 of 8
13. SELLER'S INDEMNITIES: Seller agrees to indemnify and hold harmless the
Buyer, against and in respect of, any and all damages, claims, losses, liabilities,
judgments, demands, fees, obligations, assessments, and expenses and costs, including,
without limitation, reasonable legal, accounting, consulting, engineering and other
expenses which may be imposed upon or incurred by Buyer, or asserted against Buyer,
by any other party or parties (including, without limitation, a governmental entity),
arising out of or in connection with 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.
14. DEFAULT AND ATTORNEYS FEES.
(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 by 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 Buyer's default. Buyer and Seller believe said amount to be a
fair estimate of actual damages.
(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
attorney's fee.
15. NOTICE TO SELLER. 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
Real Estate Purchase and Sale Agreement Page 5 of 8
requirements of a particular transaction, or that it accurately reflects that 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.
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:
Mark Madfai
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(b) All notices to be given to Seller shall be addressed as follows:
Irene B. Bartley and Harold Lincoln Bartley
26031 80th Ave. S
Kent, WA 98032
Real Estate Purchase and Sale Agreement Page 6 of 8
All notices to be given to Escrow Agent shall be addressed as follows:
Cherie Santini
Pacific Northwest Title & Escrow
116 Washington Avenue North
Kent, WA 98032
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 paragraph
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; and the terms, conditions and
provisions of this Agreement shall survive the Closing of this transaction.
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 pin on the
, to accept the purchase and sale agreement as
written, by delivering a signed copy thereof to the Buyer or 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.
Real Estate Purchase and Sale Agreement Page 7 of 8
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set forth
below.
BUYER:
CITY OF KENT
Y:
ett Cooke
s ayo
Dated:
SELLER.
S.4 7�"t-if'r"
Irene B. Bartley
Dated:
SELLER:
` --1 j&r
Harold Lincoln Bartley
Dated.
Real Estate Purchase and Sale Agreement Page 8 of 8
X H J IT Al' No 686691
I
i
Lot 3, King County Short Plat No. 684072, recorded under Recording
Number 8506240936, being a portion of Lots 1 and 2, Horseshoe Acre
Tracts to Kent, according to the plat thereof recorded in Volume 15
of Plats, page 10, in King County, Washington,
EXCEPT those portions of Lot 1 conveyed to King County by deeds
recorded under Recording Numbers 9204292434, 9506271265 and
9506271266.
I
PACIFIC NORTHWEST TITLE COMPANY
OF WASHINGTON, INC.
215 Columbia Street
Seattle, Washington 98104-1511
Title Officer, Curtis Goodman (curtisgoodmanOpnwt Com)
Assistant Title Officer, Rob Chelton(robcneltonCpnwt com)
Unit No. 12
FAX No. (206)343-1330
Telephone Number (206)343-1327
City of Kent Public Works Engineering Department
220 4th Avenue South Title Order No. . 686691
Kent, WA 98032
Attention: Diana Mooney
Your Ref. : Green River Levee/Horseshoe Bend
APN: 34628D-00D5
A. L. T. A COMMITMENT
SCFEDULE A
Effective Date January 21, 2009, at 8:00 a m
1. Policy(ies) to be issued
A. ALTA Form 2006
owner's Policy Amount TO BE AGREED UPON
Standard (X) Extended ( ) Premium
Tax (9 0%)
Proposed Insured: CITY OF KENT, a municipal corporation
NOTE: IF EXTENDED COVERAGE FOR OWNERS OR LENDERS WILL BE
REQUIRED FOR A PENDING TRANSACTION, PLEASE NOTIFY US AT LEAST ONE
WEEK PRIOR TO CLOSING SO THAT WE MAY INSPECT THE PREMISES
B. WORK CHARGE Amount $ 350 00
Tax (9.0%) $ 31 50
2. The Estate or interest in the land described herein and which is
covered by this commitment is fee simple.
3. The estate or interest referred to herein is at Date of Commitment
vested in:
IRENE B. BARTLEY and HAROLD LINCOLN BARTLEY, husband and wife
4. The land referred to in this commitment is situated in the State of
Washington, and described as follows:
As on Schedule A, page 2, attached.
Order No 686691
A L.T.A. COMMITMENT
SCHEDULE A
Page 2
The land referred to in this commitment is situated in the State of
Washington, and described as follows
Lot 3, King County Short Plat No 684072, recorded under Recording
Number 8505240936, being a portion of Lots 1 and 2, Horseshoe Acre
Tracts to Kent, according to the plat thereof recorded in Volume 15
of Plats, page 10, in King County, Washington;
EXCEPT those portions of Lot 1 conveyed to King County by deeds
recorded finder Recording Numbers 9204292434, 9506271265 and
9506271266.
END OF SCHEDULE A
NOTE FOR INFORMATIONAL PURPOSES ONLY.
The following may be used as an abbreviated legal description on the
documents to be recorded, per amended RCW 65.04 Said abbreviated
legal description is not a substitute for a complete legal description
within the body of the document.
Ptn. Lots 1-2, Horseshoe Acre Tracts to Kent, Vol. 15, pg 10
Order No 686691
A L T A. COMMITMENT
SCHEDULE B
Page 2
SPECIAL EXCEPTIONS:
1. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING,
BUT NOT LIMITED TO, THE FOLLOWING:
GRANTEE: Puget Sound Power & Light Company, a
Massachusetts corporation
PURPOSE Electric transmission line
consisting of one guy anchor and
other necessary or convenient
appurtenances, access over and upon
AREA AFFECTED The easterly portion of said
premises
RECORDED: March 15, 1946
RECORDING NUhBER: 3559385
2 , EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING,
BUT NOT LIMITED TO, THE FOLLOWING:
GRANTEE: The County of King, a municipal
corporation
PURPOSE- The right to construct and maintain
a rip-rap bank protection and remove
debris
P.REA AFFECTED. Along the right bank of Green River
RECORDED: February 20, 1962
RECORDING NUMBER: 5395757
3. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING,
BUT NOT LIMITED TO, THE FOLLOWING
GRANTEE: Puget Sound Power & Light Company, a
Washington corporation
PURPOSE: Electric transmission and/or
distribution lines with all
necessary or convenient
appurtenances thereto
AREA AFFECTED. The east 20 feet of said premises
RECORDED December 2, 1986
RECORDING NUMBER: 8612021324
(continued)
Order No. 686691
A L T.A. COMMITMENT
SCHEDULE B
Page 3
4. EASEMENT AND THE TERMS AND CONDITIONS THEREOF, INCLUDING, BUT NOT
LIMITED TO, THE FOLLOWING:
IN FAVOR OF: AT&T Corp. and AT&T Communications
East, Inc.
CONDEMNED IN
UNITED STATES DISTRICT COURT
CAUSE NUMBER: 1 99-CV-9313
PURPOSE: Right to operate, maintain, upgrade
and expand its existing cable, as
well as to install new conduits and
fiber or replacement technology
AREA AFFECTED: Undisclosed portion of said premises
and other property
A copy of said judgment was recorded under Recording Number
2DO80519000521
5. COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS CONTAINED IN SHORT
PLAT:
RECORDED. June 24, 1985
RECORDING NUMBER: 8506240936
6. RESTRICTIONS CONTAINED IN INSTRUMENT:
RECORDED. June 27, 1995
RECORDING NUMBER. 9506271265 and 9506271266
INCLUDING BUT NOT LIMITED
TO THE FOLLOWING:
The Grantor hereby agrees that said slopes may be on his property as
herein set forth, in conformity with standard plans and
specifications for highway purposes and to the same extent and
purposes as if the rights herein granted had been acquired by
condemnation proceedings under Eminent Domain statutes of the State
of Washington
(continued)
Order No. 686691
A.L.T.A. COMMITMENT
SCHEDULE B
Page 4
7. GENERAL AND SPECIAL TAXES AND CHARGES: FIRST HALF DELINQUENT MAY 1,
IF UNPAID: SECOND HALF DELINQUENT NOVEMBER 1, 1F UNPAID:
YEAR. 2009
TAX ACCOUNT NUMBER: 346280-0005-03
LEVY CODE. 1520
CURRENT ASSESSED VALUE: Land- $213,000.00
Improvements: $153,000 00
AMOUNT BILLED
GENERAL TAXES. $3, 948.91
SPECIAL DISTRICT: $10.57
$2 25
$9 98
TOTAL BILLED: $3,971.71 PAID: $0.00 TOTAL DUE: $3,971.71
8. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF-
GRANTOR: Irene B Bartley, a married person
and Harold Lincoln Bartley, a
married person
TRUSTEE: Wells Fargo Financial National Bank
BENEFICIARY. Wells Fargo Sank, N A.
AMOUNT: $25,000 00
DATED September 16, 2003
RECCRDED: November 20, 2003
RECORDING NUMBER: 20031120002867
The amount now secured by said Deed of Trust and the terms upon
which the same can be discharged or assumed should be ascertained
from the holder of the indebtedness secured.
9. Until the amount of the policy to be issued is provided to us, and
entered on the commitment as the amount of the policy to .oe issued,
it is agreed by every person relying on this commitment that we will
not be required to approve any policy amount over $100,000, and our
total liability under this commitment shall not exceed that amount.
10. Payment of Real Estate Excise Tax, if required.
The property described herein is situated within the boundaries of
local taxing authority of city of Kent
Present Rate of Real Estate Excise Tax as of the date herein is
1.780
(continued)
Order No 686691
A L.T A. COMMITMENT
SCHEDULE B
Page 5
NOTE 1: Our examination discloses that the vestee herein does not own
any contiguous proper�y.
NOTE 2: The name and address of the current taxpayer according to the
King County Assessors record is
Bartley, Harold Lincoln and Irene
26031 80`b Ave S.
Kent, WA 98032
NOTE 3: The vestee(s) herein acquired title by instrument(s) recorded
under Recording Number(s) 98D3230B58.
END OF SCHEDULE B
Title to this property was examined by:
David Clasen
Any inquiries should be directed to one of the title officers set forth
in Schedule A.
CC: G B McCaughan & Associates/Des Moines/Jerry McCaughan
ED/9803230858
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PACIFIC NORTHWEST TITLE Order No . 686691
Company of Wash2ngton, Inc
IMPORTANT• This is not a Plat of Survey It is furnished as a
convenience to locate the land indicated hereon with reference to
streets and other land. No liability is assumed by reason of reliance
hereon
Am-o o'7
REQUEST FOR MAYOR'S SIGNATURE
• Please Fill in All Applicable Boxes
KENT V'/ASHIN GTON This form must be printed on cherry paper
Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Originator Mark Madfai Phone (Originator) 5521
Date Sent 1/19111 Date Required 1126111
Return Signed Document to Nancy Yoshitake CONTRACT TERMINATION DATE: 90 days
VENDOR NAME: Irene& Harold Bartley DATE OF COUNCIL APPROV : 1/18/11
Brief Explanation of Document
The attached Real Estate Purchase and Sale Agreement is with Irene& Harold Bartley for the amount of$460,000 00.
This property is required for construction in order to certify the Horseshoe Bend Levee
A LM aISOVE&ted Through the Law Department
JAN 19 2011 (This Area to be Completed By the Law Department)
RECEIVED
Received.
Approval (KENT:)&Iak-W DEPT.
Law Dept. Comments.
City of Kent
Office of the mayor
Date Forwarded to Mayor:
Shaded Areas to Be Completed by Administration Staff
Received:
nD TE C-) E 9 W E
Recommendations & Comments:
JAPE 25 2011
Disposition:
CITYKENT
f� CITY
CLERK
CLERK
Date Returned:
Iage5870_tempiatebase • 2/07