HomeMy WebLinkAboutPW11-008 - Original - Robert & Leslie Bartley - Purchase of Property at 2615 80th Ave S - 02/03/2011 REAL ESTATE PURCHASE AND SALE AGREEMENT
%%ITII EARNEST iMONEN PROVISION
This Aucement is entered between the CiTY OF DENT a Washington numinpal
eotpotation. ( Buyct') wliose maihng addiess is 220 4"' AvCRUe South. Lint kN ashington
98012-589? 3uth0ii7ed bt the Kent Citc Council on December S.2009 and Robeit I. BartleN
and Leslie K. Bartley, husband and tsde (-Seller')whose mailing addiess is 21902 63"St E
Lake Tapps NN A 98391, for the sale and purchase of real property as follows
1 PROPERTN The Property which Buyer. under threat of conclemnauon agrees
to bur and Sellei alziees to sell is kno«n as Kin' CoilmN lay PaiLCI Ntmtbci 46280-0007
located at 26015 80"' Ale S. Kent. WA 98052 (the Tiopem ') The PtopcttN is Iegalh
dewtibed in Evhibit"A".attached heicto and incorporated herein by this ieleience
2. EARNEST NIONEN. Within ten%%oikmg(l0i days of mutual acceptance of tilts
Agreement. Buyei shall depoNu wnh Paulic Nonhwest lisle & Esciow Company 116
NN'ashmaton A\enne N. Kent. NN ashington 98032 (the -bsciow Agent'). the stun of Titenh
Four Thousand Dollars and NO1100ths (524,00000) in the foim of a Certified Check. as
refundable eunest money to be applied towaid the purchase price of the Piopert} payable at
Closing
3. PUICRASE PRICE. The total purchase Pace lol the Piopert} to Tnu
Hundied and Setenh Two Thousand Millais and N011100ths (S272,00000) including
earliest money,pay able on closing
4 CONTINENGIES. l his acrecnient is contingent upon
A Icasibiht% Studv aS I011awS
i Buy er shall hai e snty (60)day s fiom the dale of mutual acceptance of
this Agreement to dctetmine in Bu%ct S eote and absotutc di�ucuon.
ifthe Real Propeit% is feasible lorpuiposes and uses intended
Real C.tatc Pwchaa•and Sale Agicement Pdse 1 of 8
2 Bu)ci's Icasibihty study ala) include (but is not limited it))a Phase I
and/or Phase 11 cmitonmenial asscssmcnL to determine it' the Real
Piopeih is Icasible foi puiposes and uses Intended
3 A Phase I envuonnlentaI assessment ecneialI\ %%I]I consist of a ICv Ie%%
of title of ossnetship and land use ic%ic%% of geologic aml h%chologic
maps of the area tc%ic%% of fedewl and slate dmahises lot 1,nomi
lid/aidOaS Motel t!cneiatois of contaminated sites and a site visit If
the Phase I icvICvV le%cols the polcntial of a conlanunntc(I site.a Phase
11 cmuonmcnial assessment may be conducted %%IIILln generally %u11
consist of on-sale sampling, mcludntg the digging of bonng of test
holes loi soil samples BY I NI CU I ING I HIS A(iRl LMCN I
SLLLER III R1 BY AM IIORIZLS BUYER A RICH 1 Ol 1 N I RY
ON 10 1 HE PROPI,IZI Y FOR I I IU PURPOSC Of' CONDUC I ING
IHIS FEASIBILITY SIUDY INCIUDING A PIIASI- I AND Ili
NLCI SSARY. A PIIASL 11 I,NVIRONMEN I AL MM SSNILN
SI LITIZ WILL BF NO 1 II 1l D 11 A PI IASL II LNVIRON\dl N I AI
ASSI SSf 11,N I IS 10 BI CONDU(_I VD
d BLIWI apices to conduct its Icaslbllity stud) at its sale cost and
cspense and it Buyct does not remove the teasibiliq pcuod then
Bu)el also apices if iequested by Sellei to deli%ei [(I Scllci copies of
all mloimation and documentation obtained b% Bn%'CI ni unutection
%sill)its Icasibillh studs
i If BuNci ]ails to notil; Sellet of its appio%al of file Real Piopcil) nit
l%nling. on of before the espualton of the leasibiln) pcnod. then this
it
Agieemenl shall be terminated. and ncnhei Bu1ei not Sell shall ha%c
,im ]LnlllCI tights (ImiCS or obligations hcicundci csccpt that the
L-arnest Mont) Ill Lsu(m shall be immediatch retuned to Bu%cr
BLIVet agrees to iclunt the Rcal PnipcuN io its onguial state (i c I-II
all boung holes etc)
i
Real Lsnate Pmchase and Sale Agreenient Paec 2 ur8
5
Should an} of the contingencies not he met plior to closing,then thus Ag,cemcm shall tc,mmaw
and ne,lhei Bu)er not SIIICt shall hase ally IMIher nghls dnncs o, ON atwnS IICIetInCIC,.esccpl
that the Laincst,Mons) u, Csctow shall be unnudmlely ieluined to Buyc,
5. CONVE)AN(E AND CONDITION or'I ITLE. The title to the real propc,l)
shall be eomvc)ed b) Selle, to 13u)ei al closing bN Statutoi) Warranty Deed hce and cleat of all
hens.eneumb,ances 01 defects ncepf those deu.ribecl In Pa,ag,aph One(I).'Iwo,(2) Thee(3)
1 out (4). 1 nc (5). Sn (6) and Sewn(7) of I life Repot Number 686690.dell ubcd in Exhibit
`B" attached hereto and incoipoiated heic,n by this icleience
6. T1TLL INSURANCE. At Closing. Bu)e, shall cause Paufrc Noithmest line K
Esc,o,v Company. 116 Washington Avenue N Kent 13'ashington 98032 to issue standard
coverage onner's pohcy of title uxmance to Bu)e, m an amount equal to the total purchase
,,,,cc of the Piopcity The cost of the title msuiamc shall be paid hoot 13113ei's funck at
C losing fo, puipme,,of this Agicement the lollomng shall not be deemed cnunnhutnccs 01
defects lights icuncd m jede,al h.nenls o state deeds buddmg of ux ,csuicuom consistent
with cu„ent ionmg and util,t) anti toad cascmcnts of record It title Cannot be made so
tmu,ahlc Plio, to the Closing date called tot hCICtn.unless Bu}C, sleds to wane such defects ui
encumb,anees tills Ag,cement shall temmiate and the Lamest Money shall be ictu,ned to
Bu ci
7. CLOSING COSTS AND PRO-RA1IONS the esuon fee shall be borne M
BuNe,. cXcept Jot those Ices which are cynessIN hnute(I b) 1 cdc,al Rcgulauon 13tnCi shall
paN all ,cundmg vests title u,surtmcc p,cnuum. file WAS of any sunC) and the I'ees and
c\pcnses of its consultants lases lot the cuu'cnt Neal, rents. mte,est uatc,_sewei and ollici
utilily chatgcs. ,t an\.shall be prowled.ts 01 the day of Closing unless olhe,nise ag,eCd
8. CLOSING OF TIIL SALE. WI111 II-IL" UNDLRSFANDING HIM HMV IS
OI '1 HL LSSLNCL I OR I HIS AGRL-1'ML-N 1.this sale shall he closed mthu,nuictN (90)da\s
of the date of final esecution of this Asiccment which shall also be the Ieunmau0n ddle of this
Agiecment, unless said closing dale is eslcneled m wntmg bN mutual aueemenl of file paiuc5.
Real Lsiale Purchase and Sale Aareement Page 3 of 8
When notified. the BLR'ei trod Seller vvill deposit v\tthout delay. ui usuon witll PdCtIIL
NoFthnest Title& Escrow Cotupan}, 116 Washington Awnuc N.Kent Washington 98012 all
❑nuumcnts and monies lequucd to complctc the uansaLtion m accoidauiLc wrth this agicement
Closing 101 the pulposc of this agtecmcm is dLlincd as the date dial all documents are c\ecuted
and the sale proceeds arc available lot chsbuiscment to the Seller
I,
t
9. CASUALTY LOSS If pnm to closuip. impimemari% on the I'topcit\ shall be
dcsuoycd of nidtaiall) damaged by fine of other casualty. tins agiecmcnl at opuon of the
Bu}ct shall become null and void
I
10. POSSESSION Bu}ci shall be entitled to possession on closing
I SELLER'S REPRESENTATIONS. Sella iclnescnls
(a) that ,/he vv tII maintain the ptopctt� ui litesent of bettcl condrtton unlll time
of agreed possession
(h) 01,0 Oic has no loimdcdgd of notice Isom am govctnmcntal agcndv of
am v uilation of 1 a«s iclatuig to the suhlcLt ptopot t}
(L) that the pi Opel I) is leased heteut arc leased on a month-to-niontlt (case and
Seller will provide doples of eadh and suety lease to the Buver mllun one
vvotking dad upon icyuest
12. SELLER'S ENVIRONMENTAL RI1PRhSENI'A710NS. Sella lepte9cnls
that to the hest of its/her knowledge that s/he is not avvate ol'esistcndc Of. of has Laused
m alloncd to be Lauscd any cnvuonmcnl condition (inLlttdtmI.unhout limitafton a spill.
dischatge of Lrnitaaiunanon) that emsted as oCand/ot fit tot to the closing date on am aLt
of ono%stun odcutung pnot to the dosing date the restdt of vvludi lnay tcyunc ICmedhal
aLnon pursuant to am fedcial state on local I m of ma.\ be the bast% for the asscinon of
any thud paily Llamis Including claims ofgovemmental entities Ihts piousiun shall
sttt\ivc the closing and he ui addition to Scllet s obligation lot bicach of a lcpicsentatanl
of wauanty as may be set loath sedan
Beal Lst to Pun.hase and sale Agreement Page 4 ul N
13. SELLER'S 1N'DENINITIES: Sella agtecs to mdannrf% and hold harmless the
Buyer. against and in respeLt of an) and all damages. Llanns, losses. trabrhues
judgmew demands tees obligations. assessments. and expenses end costs uxludmg
muthoul Innnatio❑ icasonable Icgal acuruntmg. consulting cngmcamg and odwi
expenses m\Iuch may be imposed upon of mL.mtcd by Ilma. of assated agaunt Bu)a
by any other pait) of pauicS (Including. »rlhout Immation a gomenunental cool))
ansute out or in in Lcunectton mvnh nm cnvnvnmcntal Lonchhon evslmg as of and/or
pi tot to the closing dale. nx lucdmg the exposure of are person to sin) suLh enm uonmental
Lundition iCgaidlLSS ormmhetha suLh cnvnonmenlal condition of exposure resulted tiom
actim toes of SLdla of SClla S prcciccessotS in raciest
Ibis utdemmty shall suivne the closing and be tit addition to Sella s obligation fin
hteach of a representation or mvmranl) as ma} be set forth hcian
14. DEFAUL I AND A I'TORNEY'S FEES.
(a) Bu)a's Default 11'Buyer cklauhS hacundcr, Sella's Sole rcmcd) shall
be hauled to damages against Buyer in the hgwdated amount of the
earnest money ptevroud) lard b) the Myci Bu)a and Sclla uncnd that
said amount COn%ntULCS liquidated damages and sit as to vivid other costs
and c%penscs to calla part) um Lonncuron mirth polawol Irttgalton on
aLcount of Buena s LICldnit Buena and Scllcr bchemc said auuxml to be a
Ian cstintatC oraLtual damagCS
(b) Seller's Default. II SClla defaults hcrcunda Bu)a shall hne aft the
iglus and ianedte%amadaMeat lamm or in egwh
(C) Attornem's Fee% and Coat%. In the dent of hu_own to cnlome any of
the !am% of ptomiswns haan, each part} shall pa) all as ommn costs and
attorney s Ice
15. NO ICE TO SELLER. ibis noun contains provsions lot an agreement tin the
purchase and sale of real estale I he Buyer m<dses NO WARRAN-1 Y OR Rla'RESEN rAl ION
Real Pslate I'mchme and Sale Agreement Page s ur8
OF ANY KIND that this lode,of any of Its plosisions is untended to meet the factual and legal
iequucments of a paitrculai transaction. or that it accumleh reflects that Isms of the State of
Washington.it the tnnc)ou entel the agieeincnl
1111S AGREEMCNI HAS SIGNIFICANI LLGAL AND FINANCIAL CONSEQUENCES
AND YOU ARI. ADVIM 1) 10 SI LK INDI PFNDI N I LI;VAI AND I INANCIAI,
COUNSEL RLGARDING lIILSL CONSLQUI N(LS II )Oil do nut understand the �IleCI of
any pail (.0msull)out Attome) beloie signing
16. NON-MERGIAL The teens condruons.and pimmons of this Agicenient shall
not be deemed mctgcel into (tic deed and shall uulmc the C Iusing ankt wnlinue m full Ioice and
ellcct.
17. NO DICES. i\II notices required of peimilled to be green hCICLindCi shall be in
isnUng and shill be Wet U S cet4ficdl matt. tctuin Iccegn tcquestcd of b) 1t1051ni11C
nensnussnm addressed ns set Ioith belon
(a) All notices to be given to Bo)ci shall be addressed as lollosts
M,uk Madllai
City of'Kent
2201 ouith Avenue Sot[lh
Kent WA 98032
(b) All notices to be gl%cn to SCIlel sliall be addressed as follow,
Rebell L Barticy anti Leslie K Bartle)
21902 03id St L
Luke 1<ipps.WA 98391
Real I slate Purchase and Sale Agieemeul page G of 8
All notices to be given to kciow'Agenl shall be addic%wd as lollows
Chcuc Santini
Pal111C N'Of lll%%C51 I the&6scioo
116 Wa`;hinglon Avenue North
Kent WA 98032
Lithei part) hereto ntay by mitten notice to the other devgnate such othct addicss lot the
gi,mg or notices as being neeessai). All notices shall he dCCnlC i gre en on the thn such 11011CC is
pcisonalh sct%ed. or on the date of the lacstmlc Lansirnwon. of on the thud das lollowutg the
day such nohcc is nuulcd m accoidance with this pmagiaph
I& ENTIRE AGREEMEN1. this Agreement mClUdmg all mempoiated exhibits_
conslllutcs the lull tmdci adlldIni betticen SCIIei and 13u1ci -1 hcic hase been no verbal of olhcf
agicemenis That nunlily this Agreement
19. BINDING GFFCC7 AND SURVIVAL. Ihts Agreement shall be binning upon
patties hneto and Owu rCspccuse hCuS sucwwis and .resigns and the lcims. cunchuons and
pros fsrons of this Agf cuncni shall sun ne the C losing of this llansaUum
20. DAIT OF YIUTUAL ACCEPT ANCE. 1 of the puf poses or tlus Agreement,the
date of mutual aacptyxin of this Agiccment shall he the last date on which the parties to this
Agwonent hase Mccuted Ihts Agicemcm as mdrealcd below
21. EXPIRATION OF OFFER. bellci shall have only until 5 00 pin tin the
. to aCCCPI the purchase and sale agreunent as
wntlen by delnenng a signed copy theicol to the 13uyet of Iltnci s agent II Sellci dmw not sic
detner a signed cop) wuhin said penod This Agiccment shall lapse and ,it[ nght of the patties
hereundcr shall let nmute
Kcal Estate Purchase and S,ile Agreement Pa gc 7 of 8
IN Wfi NESS WI ILRGOF.the pasties heicto have executed this Agreement on the date set lorth
bclo�o
BUYER
cl pY Or KENT
13,
Su/ tt� c like
Dated �` a
SLLLLR
Kob,it I 13,at1��
DMed I 20 ZO l f
SLLI,PR
Letili �� L3aulc.v
Dated 'C r
Real I'Mole Pwchnae and Sale Agicenani Pa^_e R of
order No. 686690
A
Lot 2, King County Short Plat No. 684072, recorded under Recording
Number 850G240936, 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 2 conveyed to King County by deeds
recorded under Recording Numbers 9204292434 and 9506221166.
I
Pncmc NoRRTTn sr`DnF
Cm.ryny nfWuF.npnn Ine
TO: City of Kent Public Works 215 Columbia Street
220 4th Avenue South Seattle,Washington
Kent, WA 98032 98104
Attn: Jerry McCaughan
Ref.# Green River Levee/Horseshoe
SUPPLEMENTAL REPORT #1
PNWT Order Number. 686690
Seller Bartley
Buyer City of Kent
The following matters affect the property covered by this order•
• A Full Update of the Commitment from January 21, 2009 through
November 22, 2010 at B:00 a.m has disclosed the following:
• ALTA Policy Coverage(s) , Charges and Proposed Insured have been
amended as follows
l. ALTA Form 2006
Owner's Policy Amount $ 250, 000.00
Standard (X) Extended ( ) Premium $ 1, 010.00
Tax (9 5%) $ 95.95
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.
• Please note the Work Charge initially billed and paid ($350.00 plus
$31 50 tax) will be credited towards the policy premium. The final
balance to be paid will be $724 45
• Paragraph 8 of the commitment is/are out, 2009 taxes are paid in
full
• The following paragraph(s) of our preliminary commitment has/have
been eliminated: 11
(continued)
SUPPLEMENTAL TITLE REPORT
Page 2
Order No. 686690
• The following has been added as NOTE 5:
NOTE 5: GENERAL AND SPECIAL TAXES AND CHARGES, PAID IN FULL
YEAR: 2010
TAX ACCOUNT NUMBER: 346280-0070-01
LEVY CODE 1520
CURRENT ASSESSED VALUE• Land• $153, 000.00
Improvements $59,000.00
GENERAL TAXES: $2,606.85
SPECIAL DISTRICT: $13.21
$2 10
$9 98
TOTAL BILLED: $2,632.14 PAID: $2,632.14
• There has been no change in the title to the property covered by
this order since January 21, 2009, EXCEPT the matters noted
hereinabove.
Dated as of December 1, 2010 at 8:00 a.m.
PACIFIC NORTHWEST TITLE COMPANY
By: Curtis Goodman
Title Officer
Phone Number: 206-343-1327
RC
PACIFIC NORTHWEST TITLE COMPANY
OF WASHINGTON, INC.
215 Columbia Street
Seattle, Washington 98104-1511
Title Officer, Curtis Goodman (curtisgoodman@pnwt.com)
Assistant Title Officer, Rob Chelton(robchelton@pnwt.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. : 686690
Kent, WA 98032
Attention. Diana Mooney
Your Ref. : Green River Levee/Horseshoe Bend
APN- 346260-0007
A L. T. A. COMMITMENT
SCHEDULE 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:
ROBERT L. BARTLEY and LESLIE K. 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.
• 1
Order No. 686690
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 2, 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 2 conveyed to King County by deeds
recorded under Recording Numbers 9204292434 and 9506221166.
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
PACIFIC NORTHWEST TITLE COMPANY OF WASHINGTON, INC.
A L T A COMMITMENT
Schedule B Order No. 686690
I. The following are the requirements to be complied with:
A. Instruments necessary to create the estate or interest to be
insured must be properly executed, delivered and duly filed
for record
B. Payment to or for the account of the grantors or mortgagors of
the full consideration for the estate or interest to be
insured
II. Schedule B of the Policy or Policies to be issued (as set forth in
Schedule A) will contain exceptions to the following matters unless
the same are disposed of to the satisfaction of the Company:
A. Defects, liens, encumbrances, adverse claims or other matters,
if any created, first appearing in the public records or
attaching subsequent to the effective date hereof but prior to
the date the proposed Insured acquires for value of record the
estate or interest or mortgage thereon covered by this
Commitment.
B. GENERAL EXCEPTIONS:
1. Rights or claims of parties in possession not shown by the
public records.
2. Public or private easements, or claims of easements, not
shown by the public record
3. Encroachments, overlaps, boundary line disputes, or other
matters which would be disclosed by an accurate survey or
inspection of the premises
4. Any lien, or right to a lien, for services, labor or
material heretofore or hereafter furnished, imposed by law
and not shown by the public records, or Liens under the
Workmen's Compensation Act not shown by the public records.
5. Any title or rights asserted by anyone including but not
limited to persons, corporations, governments or other
entities, to tide lands, or lands comprising the shores or
bottoms of navigable rivers, lakes, bays, ocean or sound,
or lands beyond the line of the harbor lines as established
or changed by the United States Government.
6 (a) Unpatented mining claims; (b) reservations or
exceptions in patents or in Acts authorizing the issuance
thereof; (c) water rights, claims or title to water-
7 Any service, installation, connection, maintenance,
capacity, or construction charges for sewer, water,
electricity or garbage removal.
8 General taxes not now payable or matters relating to
special assessments and special levies, if any, preceding
the same becoming a lien
9. Indian tribal codes or regulations, Indian treaty or
aboriginal rights, including, but not limited to, easements
or equitable servitudes.
C. SPECIAL EXCEPTIONS: As on Schedule B, attached
Order No. 666690
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. The County of King, a municipal
corporation
PURPOSE: The right to construct and maintain
a rip-rap bank protection and remove
debris
AREA AFFECTED: Along the right bank of Green River
RECORDED: February 20, 1962
RECORDING NUMBER: 5395757
2. 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
3. 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
(continued)
Order No 686690
A.L.T.A. COMMITMENT
SCHEDULE B
Page 3
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
20080519000521
4. COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS CONTAINED IN SHORT
PLAT.
RECORDED June 24, 1985
RECORDING NUMBER: 8506240936
5. RESTRICTIONS CONTAINED IN INSTRUMENT.
RECORDED: June 22, 1995
RECORDING NUMBER: 9506221166
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
6. DECLARATION OF COVENANT AND THE TERMS AND CONDITIONS THEREOF:
BY: Harold L. Bartley and Irene B.
Bartley, husband and wife
RECORDED. March 11, 1981
RECORDING NUMBER: 8103110276
7. PETITION FOR ANNEXATION AND DECLARATION OF COVENANT AND THE TERMS
AND CONDITIONS THEREOF:
RECORDED: April 22, 1986
RECORDING NUMBER: 8604220201
(continued)
Order No. 686690
A.L.T.A. COMMITMENT
SCHEDULE B
Page 4
B . GENERAL AND SPECIAL TAXES AND CHARGES. FIRST HALF DELINQUENT MAY 1,
IF UNPAID• SECOND HALF DELINQUENT NOVEMBER 1, IF UNPAID
YEAR: 2009
TAX ACCOUNT NUMBER: 346280-0007-01
LEVY CODE: 1520
CURRENT ASSESSED VALUE: Land: $153,000.00
Improvements: $125,000.00
AMOUNT BILLED
GENERAL TAXES- $2,999.44
SPECIAL DISTRICT• $13 .21
$2.10
$9.98
TOTAL BILLED: $3,024.73 PAID: $0.00 TOTAL DUE: $3,024.73
9. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF:
GRANTOR: Leslie K. Bartley and Robert L.
Bartley, wife and husband
TRUSTEE: Northwest Trustee Services, PLLC
BENEFICIARY: Seattle Savings Bank
AMOUNT: $160, 000.00
DATED: October 20, 2006
RECORDED: October 27, 2006
RECORDING NUMBER. 20061027000960
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.
10 Matters disclosed on a survey recorded under Recording Number
20011019900016.
11 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 be 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
(continued)
Order No. 686690
A L T.A. COMMITMENT
SCHEDULE B
Page 5
12 . 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
1.78%.
NOTE 1: Our examination discloses that the vestee herein does not own
any contiguous property.
NOTE 2. The name and address of the current taxpayer according to the
King County Assessors record is:
Bartley, Robert L and Leslie K.
21902 63ra St. E.
Lake Tapps, WA 98391
NOTE 3 : The vestee (s) herein acquired title by instrument(s) recorded
under Recording Number(s) 9303050323 and 20041129000886
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/9303050323, 20041129000886
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PACIFICNORTHWEST TITLE Order No . 686690
Company of Washington, 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.
REQUEST FOR MAYOR'S SIGNATURE
Please Fill in All Applicable Boxes
KENO W hSHINGTON 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 1/25/11 Date Required 2/2/11
Return Signed Document to- Mark Madfal CONTRACT TERMINATION DATE: 90 days
VENDOR NAME: Robert& Leslie Bartley DATE OF COUNCIL APPROVAL 2/1/11 i
Brief Explanation of Document
The attached Real Estate Purchase and Sale Agreement with the Bartley's is required in order to construct a portion of
the Horseshoe Bend Levee Project These improvements are necessary to certify the Horseshoe Bend Levee
All Contracts Must Be Routed Through the Law Department
his Area to be Completed By the Law Department)
Received. JAN 2 5 2011 'RECENED
Approval of Law Dept.:
ENT LAW DEPT.
Law Dept Comments L
t.eily ;t'i'lI
Date Forwarded to Mayor:
Shaded Areas to Be Completed by Administration Staff
Received-
I _
FES
Recommendations & Comments: ''
420111
Disposition: �'� CITY CLERK
Date Returned:
Iage5870_templatebase • 2/07
fi) /i oo
Kent City Council Meeting
Date February 1, 2011
Category Other Business -
1. SUBJECT: Horseshoe Bend Levee — Robert & Leslie Bartley Acquisition
2. SUMMARY STATEMENT:
3. EXHIBITS:
4. RECOMMENDED BY:
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT:
Expenditure? Revenue?
Currently in the Budget? Yes No
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
Move to authorize the Mayor to sign the Purchase and Sale Agreement between the
City of Kent and Robert & Leslie Bartley, as well as any other documents necessary to
complete the sale for the acquisition of the property located at 26015 80t' Ave. S.,
Kent, Washington, for the Horseshoe Bend Levee Project within established budgets
and upon concurrence of final terms and conditions by the City Attorney and Public
Works Director.
DISCUSSION:
ACTION: