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HomeMy WebLinkAboutPW11-057 - Original - Knudsen Properties LLC - Purchase of Property at 7831 S 259th St - 12/17/2010 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 h Avenue South, Kent, Washington 98032-5895, authorized by the Kent City Council on December 8, 2009, and Knudsen Properties Limited Liability Company a Washington limited liability company, ("Seller") whose mailing address is 7831 S 259th St., Kent, WA 98052, 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 0006600030, located at 7831 S 259th St., 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 Eighty Nine Thousand Dollars and NO/100ths ($89,000.00) 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 Nine Hundred and Twenty Five Thousand Dollars and NO/100ths ($925,000.00), including earnest money,payable on closing. 4. CONTINGENCIES. 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 2. Buyer's feasibility study may include (but is not limited to) a Phase I and/or Phase 11 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 H 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 11 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 terminated, 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) and Four (4) of Title Report Number 686688, described in Exhibit "B", attached hereto and incorporated herein by this reference. All other paragraphs therein are to be removed on or before closing. 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. 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, and Excise Tax, if applicable, 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. & 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 Real Estate Purchase and Sale Agreement Page 3 of 8 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 & 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. PROTECTIVE RENT. Buyer shall pay Protective Rents to Seller until Closing. Protective Rents are payments made by Buyer to Seller if a Tenant under a current, valid lease vacates the Property and discontinues paying rent after mutual acceptance and prior to Closing. Said rent shall be equal to rental rates obligated in current valid leases. All leases for the Property and current contact information for all tenants shall be provided in their entirety by Seller to Buyer before any Protective Rent will be paid. As a condition of payment of Protective Rent, Seller shall not re-rent any subject sites as they become vacant. 12. 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 properties leased herein are leased on a month-to-month lease and Seller will provide copies of each and every lease to Buyer within one working day upon request. Real Estate Purchase and Sale Agreement Page 4 of 8 13. SELLERS 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 parry 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. 14. 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 limtation, 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. 15. DEFAULT AND ATTORNEY'S 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. Real Estate Purchase and Sale Agreement Page 5 of 8 (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. 16. 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 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. 17. 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. 18. 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: Real Estate Purchase and Sale Agreement Page 6 of 8 Knudsen Properties Limited Liability Company, a Washington limited liability company c/o Ralph and Mary Knudsen 7831 S 259th St. Kent, WA 98052 (c) 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. 19. 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. 20. 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. 21. 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. 22. EXPIRATION OF OFFER. Seller shall have only until 5:00 pm on the to accept the purchase and sale agreement as Real Estate Purchase and Sale Agreement Page 7 of 8 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. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the date set forth below. BUYER: CITY OF KENT By: ett Co Its: Ma r Dated: /�t l7 / SELLER: Knudsen Properties Limited Liability Company, a Washington limited liability company By: Ralph udsen Its: �1 Dated- SELLER: Knudsen Properties Limited Liability Company, a Washington limited liability company j By: Mary sen Its: Dated: P\Cml\Fi1mk0pen Files\1567-Hornhm Bend Levee Prchm&Sale AgreemmtsVCudx PmchawSekA&etmem 12 14 10 daac Real Estate Purchase and Sale Agreement Page 8 of 8 Exhibit A No_ 6B66BB That portion of Samuel W_ Russell Donation Claim Number 41 in the northwest quarter of the northeast quarter of Section 25, Township 22 North, Range 4 East, W_M. , in icing County, Washington, described as follows: Beginning at the intersection of the west margin of a County Road (Both Avenue South) which runs along the west side of the Northern Pacific Railroad with the south margin of another County Road running east and west (South 259' Street) , said point of intersection being 379 5 feet, more or less, north of the south line of the Russell Donation Claim, as shown in the plat of Horseshoe Acre Tracts to Kent, according to the plat thereof recorded in volume 15 of Plats, page 10, in King County, Washington; thence south along the west margin of said County Road to the south line of the Donation Claim; thence west along said south line to the bank of White River, now called Green River; thence north 210 west 336.6 feet; thence north along a line, which would, if extended, run through a point 1,37D.16 feet south and 1, 9B0 feet east of the northwest corner of the Russell Donation Claim to the south margin of the County Road ( South 259tn Street) being west of the beginning; thence east along said road margin to the beginning; EXCEPT that portion conveyed to King County by deed recorded under Recording Number 9301111332. EXHIBIT � Exhibit B �I i PACIFIC NORTHWEST TITLE COMPANY OF WASHINGTON, INC. 215 Columbia Streec Seattle, Washington 98104-IS11 Title Officer, Curtis Goodman (curtisgoodman@pnwt.com) Assistant Title Officer, Rob Chelton(robchelton@pnwt.com) Unit No. 12 FAX No. (206)343-133D Telephone Number (206) 343-1327 City of Kent Public Works Engineering Department 220 4th Avenue South Title Order No. : 6866BB Kent, WA 98032 Attention: Diana Mooney Your Ref. : Green River Levee/Horseshoe Bend/ APN- 00066D-0030 A. L. T. A. COMMITMENT SCHEDULE A Effective Date: January 23, 2009, at 8:00 a.m. 1. Policy(ies) to be issued- As on Schedule A, page 2, attached. 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: KNUDSEN PROPERTIES LIMITED LIABILITY COMPANY, a Washington limited liability company (NOTE. SEE SPECIAL EXCEPTION NUMBER 11 REGARDING EXECUTION OF THE FORTHCOMING DOCUMENT(S) TO BE INSURED) 4. The land referred to in this commitment is situated in the State of Washington, and described as follows- As on Schedule A, page 3, attached. EXHIBIT Order No. 686688 A.L.T.A COMMITMENT SCHEDULE A Page 2 Policy(ies) to he 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 $ 450.00 Tax (9 0%) $ 40 50 (Schedule A, continued) I I E3iiH OIT I Order No. 6B66BB A.L.T.A. COMMITMENT SCHEDULE A Page 3 The land referred to in this commitment is situated in the State of Washington, and described as follows That portion of Samuel W. Russell Donation Claim Number 41 in the northwest quarter of the northeast quarter of Section 25, Township 22 North, Range 4 East, W.M. , in King County, Washington, described as follows- Beginning at the intersection of the west margin of a County Road (80tb Avenue South) which runs along the west side of the Northern Pacific Railroad with the south margin of another County Road running east and west (South 259th Street) , said point of intersection being 379 5 feet, more or less, north of the south line of the Russell Donation Claim, as shown in the plat of Horseshoe Acre Tracts to Kent, according to the plat thereof recorded in Volume 15 of Plats, page 10, in King County, Washington; thence south along the west margin of said County Road to the south line of the Donation Claim; thence west along said south line to the bank of White River, now called Green River; thence north 210 west 336.E feet; thence north along a line, which would, if extended, run through a point 1,370.16 feet south and 1, 9B0 feet east of the northwest corner of the Russell Donation Claim to the south margin of the County Road ( South 259th Street) being west of the beginning; thence east along said road margin to the beginning; EXCEPT that portion conveyed to King County by deed recorded under ' Recording Number 9301111332. I iEND 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. NW/NE 25-22-04 PACIFIC NORTHWEST TITLE COMPANY OF WASHINGTON, INC A.L.T.A COMMITMENT Schedule B Order No. 6866BB 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 zo 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. B 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. 686688 A.L.T.A. COMMITMENT SCHEDULE B Page 2 SPECIAL EXCEPTIONS: 1 AN EASEMENT AFFECTING THE PORTION OF SAID PREMISES AND FOR THE PURPOSES STATED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: IN FAVOR OF: Sarah E. Baker, Karry Eugene Burke, William Edmund Burke, Charles Victor Burke and Mabel Claire Burke PURPOSE: Water pipeline AREA AFFECTED: The description contained therein is not sufficient to determine its exact location within the property herein described. DISCLOSED BY INSTRUMENT RECORDED. November 24, 1908 RECORDING NUMBER: 582189 2 EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: GRANTEE: County of King PURPOSE: To construct and maintain a rip-rap bank protection and remove debris AREA AFFECTED: Along the bank of Green River RECORDED March 7, 1962 RECORDING NUMBER: 5395755 3. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: GRANTEE: City of Kent PURPOSE- Laying, maintaining, operating, relaying, and repairing a water pipe line AREA AFFECTED: The description contained therein is not sufficient to determine its exact location within the property herein described. RECORDED- April 27, 1973 RECORDING NUMBER- 7304270108 (continued) i Order No. 6B6688 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 200B0519000521. 5. GENERAL AND SPECIAL TAKES AND CHARGES: FIRST HALF DELINQUENT MAY 1, IF UNPAID: SECOND HALF DELINQUENT NOVEMBER 1, IF UNPAID: YEAR: 2009 TAX ACCOUNT NUMBER: 000660-0030-05 LEVY CODE: 1520 CURRENT ASSESSED VALUE: Land: $372,800.00 Improvements: $177,300.00 AMOUNT BILLED GENERAL TAXES: $5,935 23 SPECIAL DISTRICT: $137.7B $2.40 $9 99 TOTAL BILLED: $6, 085.40 PAID: $0.00 TOTAL DUE: $6,085.40 6. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF GRANTOR: Knudsen Properties Limited Liability Company, a Washington limited liability company TRUSTEE: UPF Incorporated, a Washington corporation BENEFICIARY• Sterling Savings Bank (continued) ENIH 31)9T g Order No. 68668B A.L.T.A. COMMITMENT SCHEDULE B Page 4 AMOUNT: $409,123.90 DATED. May 2, 2007 RECORDED: May 7, 2007 RECORDING NUMBER* 2007DS07000S92 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. 7. ASSIGNMENT OF RENTS AND THE TERMS AND CONDITIONS THEREOF: ASSIGNOR: Knudsen Properties Limited Liability Company, a Washington limited liability company ASSIGNEE: Sterling Savings Bank RECORDED: May 7, 2007 RECORDING NUMBER: 20070507D00593 B. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: Knudsen Properties Limited Liability Company, a Washington limited liability company TRUSTEE: UPF Incorporated, a Washington corporation BENEFICIARY: Sterling Savings Bank AMOUNT $6D,000.00 DATED: May 2, 2007 RECORDED: May 7, 2007 RECORDING NUMBER: 20070507000594 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. Unrecorded leaseholds, if any; rights of vendors and holders of security interests on personal property installed upon said property and rights of tenants to remove trade fixtures at the expiration of the term (continued) Ed1HOT B Order No. GBGG8B A.L.T A. COMMITMENT SCHEDULE B Page 5 10. The quit Claim Deed recorded as Recording Number 9902032087 contains an incorrect legal description and should be re-recorded. Said legal omitted "thence south along the west margin of said county road (BO`b Avenue South) to the south line of the Donation Claim; thence west along said south line to the bank of White River, now called Green River;" 11. Information available to the Company, but not of public record, indicates that, as of May 2, 2007 Ralph Knudsen and Mary Knudsen may sign on behalf of: Knudsen Properties Limited Liability Company, a Washington limited liability company If there has been any change in the corporate/limited liability agreement authorization, please notify your Title Officer prior to execution of the forthcoming instrument. 12. 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 $10D,D00, and our total liability under this commitment shall not exceed that amount. 13. 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 1.7B%-. 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: Knudsen Properties L.L.C. P.O Box 1145 Kent, Washington 9BD35 (continued) ElY''NrT Order No. 6B668B A L.T A. COMMITMENT SCHEDULE B Page 6 NOTE 3: The vestee(s) herein acquired title by instrument (s) recorded under Recording Number(s) 9902032087 END OF SCHEDULE B i 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 rg/9902032067 Portion of the northeast 1/ 25 - 22 -4 i[ I !JfyL- i o1D x�4 I I UL t II V r _ _________— ue t1l CILI �—' pp!IIYI Ip 1Y Lk R L'D 00 6 C' 7 +oov!r I I a i _ 000440 4p ' 1 I I I R D C I U �1vu Usn!r I a k D c +n a Io i p n•l iln Ste_ ss71n It Q W10 la i OJZI x o1-10 1]Y 41 t1 LOT 'p nl] e 13-13, iY PACIFIC NORTE3WEST THLE Order No . 686688 Company of Washington, Inc I 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. I XHUBIT 1 MEMO TO MARK HOWLETT FM ANNE RITTENHOUSE, RITTENHOUSE CONSULTING RE KNUDSEN PROPERTIES LLC DT. 12-16-2010 Dear Mark: I am pleased to present the following documents, which Ralph and Mary Knudsen signed this morning. 1. PSA 2. SWD 3. EXCISE TAX AFFIDAVIT Please present them as soon as possible to the Mayor for her signature. After then have been signed, please return to Jerry for final processing and delivery to escrow. Also, Mr. Knudsen is most anxious to have the environmental soils testing accomplished so that the contingencies of paragraph#4 can be released His attorney has asked me to request a copy of the form that will be used to release the contingencies, and to let him know how soon after testing he can expect the Release to be signed. Thank you for your help If I may be of any further assistance, please feel free to contact me. Sincerely, Anne Rittenhouse,SR/WA, R/W-NAC, R/W-RAC Rittenhouse Consulting WBE, DBE, SBE, SCS Right-of-Way, Relocation and Real Estate Services 6229 121st Ave SE, Bellevue, WA 98006-4422 206-714-0826 425-641-4091FAX Ritts@comcast net www RittConsulting.com