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PW11-059 - Original - Lance Kyle - 8425 S 259th St - 2/18/11
REAL ESTATE PURCHASE AND SALE AGREEMENT WITH EARNEST MONEY PROVISION This Agreement is entered between the CITY OF KENT, a Washington municipal corporation, authorized by the Kent City Council on December 8, 2009 ("Buyer") whose mailing address is 220 4`h Avenue South, Kent, Washington 98032-5895, and LANCE KYLE, as his separate property, ("Seller") whose mailing address is 10869 Arroyo Beach Pl. SW, Seattle, WA 98146, 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 0006600048, located at 8425 S. 259`h Street, Kent, WA 98030 (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 North, Kent, Washington 98032 (the "Escrow Agent"), the sum of Twenty Three Thousand Dollars and NO/100ths ($23,000.00) 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 Two Hundred and Thirty Thousand Dollars and NO/100ths ($230,000 00), including Earnest Money, payable on Closing. 4. CONTINGENCIES. This Agreement is contingent upon. (a) Buyer's receipt of Seller's information contained in the Real Property Transfer Disclosure Statement ("Disclosure Statement") the form of which is set forth in Exhibit "B." Seller shall complete one form for each dwelling unit or specify which dwelling unit is being referenced in the Buyer's Initials Seller's Initials �K Seller's Initials Real Estate Purchase and Sale Agreement Page 1 of 8 form. The "Disclosure Statement" shall be completed by the Seller within ten(10) days from the date of mutual acceptance of the Agreement. (b) A feasibility Study as follows: ry -"�($,,( '3D L� i Buyer shall have sixty ,(60) ays from the date of mutual acceptance of this Agreement to determine, in Buyer's sole and absolute discretion, if the Property is feasible for the purposes and uses intended ii. Buyer's feasibility study may include (but is not limited to) a Phase I and/or Phase II environmental assessment, to determine if the Property is feasible for the purposes and uses intended. iii. A Phase I environmental assessment generally will consist of a review of title of ownership and land use, review of geologic and hydrologic maps of the area, review of federal and state databases for known hazardous water generators or contaminated sites, and a site visit. If the Phase I review reveals the potential of a contaminated site, a Phase 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 II ENVIRONMENTAL ASSESSMENT IS TO BE CONDUCTED. iv. Buyer agrees to conduct its feasibility study at its sole cost and expense; and if Buyer does not remove the feasibility contingency, 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. Buyer's Initials Seller's Initials L-C k Seller's Initials Real Estate Purchase and Sale Agreement Page 2 of 8 V. If Buyer fails to notify Seller of its approval of the 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 Property to its original state (i.e., fill all boring holes, etc.). 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 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 Schedule B, paragraph 1 (one) of Title Report Number 687316, described in Exhibit "C", attached hereto and incorporated herein by this reference. All other special exceptions 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 North, 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 Closing, 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 paid 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 Buyer's Initiai Seller's Initials tXK Seller's Initials Real Estate Purchase and Sale Agreement Page 3 of 8 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 ry a 6o a,r8 OF THE ESSENCE FOR THIS AGREEMENT, this sale shall be closed within ninety rday of the date of mutual acceptance 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. When notified, the Buyer and Seller will deposit, without delay, in escrow with Pacific Northwest Title &Escrow Company, 116 Washington Avenue North, Kent, Wasington 98032, all instnunents 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: Buyer's Initial Seller's Initials 04K Seller's Initials Real Estate Purchase and Sale Agreement Page 4 of 8 (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 Property except : (c) that if the Property is leased, Seller will provide copies of each and every lease to Buyer within one (1) working day upon request. 13. 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 Closing or any act of omission occurring prior to Closing, 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 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 linutation, a governmental entity), arising out of or in connection with any environmental condition existing as of and/or prior to Closing, 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 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. Buyer's Initial Seller's Initials uv�<, Seller's Initials Real Estate Purchase and Sale Agreement Page 5 of 8 (a) Buyer's Default. If Buyer defaults hereunder, other than with respect to its obligation to indemnify Seller in Section 4, 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. Buyer's Initials Seller's Initials Seller's Initials (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 Waslungton at the time you enter the Agreement. THIS AGREEMENT HAS SIGNIFICANT LEGAL AND FINANCIAL CONSEQUENCES. SELLER IS ADVISED TO SEEK INDEPENDENT LEGAL AND FINANCIAL COUNSEL REGARDING THESE CONSEQUENCES. 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: Buyer's Initial Seller's Initials- Seller's Initials Real Estate Purchase and Sale Agreement Page 6 of 8 (a) All notices to be given to Buyer shall be addressed as follows: Mark Madfai, Engineering Supervisor City of Kent 220 Fourth Avenue South Kent, WA 98032 (b) All notices to be given to Seller shall be addressed as follows: Lance Kyle -A-tj to`�6`I A t�s�, �- S� �lr .t Seattle, WA 98146 (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 necessary. All notices shall be deemed given on the day such notice is personally served, or on the date of the facsimile transmission, or on the third day following the day such notice is mailed in accordance with this section. 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. Buyer's Initial,r_ Seller's Initials Seller's Initials Real Estate Purchase and Sale Agreement Page 7 of 8 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 tlus 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 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 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set forth below. BUYER: CITY OF KENT By: Suze o ke It : M r Dated: SELLER: By: I. � Lance Ky el Dated: 2— 4— ?- >t\ Buyer's Initial Seller's Initials l � Seller's Initials Real Estate Purchase and Sale Agreement Page 8 of 8 fgl�ll Order No. 687316 The land referred to in this commitment is situated in the State of Washington, and described as follows That portion of the S W. Russell Donation Claim described as the east 61 feet of the west 161 feet of that portion of the following tract of land lying south of County Road- Beginning on Township line between Township 22 North, Range 4 East, W.M , in King County, Washington, and Township 22 North, Range 5 East, W.M , in King County, Washington, and on the south line of the S W. Russell Donation Claim; thence east on the south line of said Donation Claim to the southeast corner thereof; thence north to the Section line between Sections 19 and 30, in said Township 22 North, Range 5 Easc, W M in King County, Washington, thence west to the aforesaid Township line, thence south along said Township line to the beginning; EXCEPT roads. i i Form 17 (DCopyright 2009 Seller Disclosure Statement Northwest Multiple Listing Service Rev 7109 SELLER DISCLOSURE STATEMENT t ALL RIGHTS RESERVED Page 1 of 5 IMPROVED PROPERTY SELLER:_Lau\C.9 �o� iC kt�9 1 f To be used m transfers of improved residential Teal property,including residential dwellings up to four units,new cons[uction,condominiums 2 not subject to a public offering statement, certain timeshares, and manufactured and mobile homes See RCW Chapter 64 06 and Section 3 43 22 432 for further explanations 4 INSTRUCTIONS TO THE SELLER 5 Please complete the following form Do not leave any spaces blank If the question clearly does not apply to the property write`NIA"If the 6 answer is"yes"to any astensked(*)item(s),please explain on attached sheets Please refer to the line number(s)of the question(s)when you 7 provide your explanation(s) For your protection you must date and initial each page of this disclosure statement and each attachment Delivery 8 of the disclosure statement must occur not later than five (5)business days, unless otherwise agreed, after mutual acceptance of a written 9 purchase and sale agreement between Buyer and Seller 10 NOTICE TO THE BUYER 11 THE FOLLOWING DISCLOSURES ARE MADE BY THE SELLER ABOUT THE CONDITION OF THE PROPERTY LOCATED AT 12 VI- U-�{�- e1 1�0 V,�! , 13 CITY COUNTY 11 Y-d, ("THE PROPERTY")14 OR AS LEGALLY DESCRIBED ON THE ATTACHED EXHIBIT A SELLER M S THE OLLOWING DISCLOSURES OF EXISTING 15 MATERIAL FACTS OR MATERIAL DEFECTS TO BUYER BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT 16 THE TIME SELLER COMPLETES THIS DISCLOSURE STATEMENT UNLESS YOU AND SELLER OTHERWISE AGREE IN 17 WRITING, YOU HAVE THREE (3) BUSINESS DAYS FROM THE DAY SELLER OR SELLER'S AGENT DELIVERS THIS 18 DISCLOSURE STATEMENT TO YOU TO RESCIND THE AGREEMENT BY DELIVERING A SEPARATELY SIGNED WRITTEN 19 STATEMENT OF RESCISSION TO SELLER OR SELLER'S AGENT IF THE SELLER DOES NOT GIVE YOU A COMPLETED 20 DISCLOSURE STATEMENT, THEN YOU MAY WAIVE THE RIGHT TO RESCIND PRIOR TO OR AFTER THE TIME YOU ENTER 21 INTO A PURCHASE AND SALE AGREEMENT 22 THE FOLLOWING ARE DISCLOSURES MADE BY SELLER AND ARE NOT THE REPRESENTATIONS OF ANY REAL ESTATE 23 LICENSEE OR OTHER PARTY THIS INFORNLATION IS FOR DISCLOSURE ONLY AND IS NOT INTENDED TO BE A PART OF 24 ANY WRITTEN AGREEMENT BETWEEN BUYER AND SELLER 25 FOR A MORE COMPREHENSIVE EXAMINATION OF THE SPECIFIC CONDITION OF THIS PROPERTY YOU ARE ADVISED TO 26 OBTAIN AND PAY FOR THE SERVICES OF QUALIFIED EXPERTS TO INSPECT THE PROPERTY,WHICH MAY INCLUDE,WITHOUT 27 LIMITATION, ARCHITECTS,ENGINEERS,LAND SURVEYORS,PLUMBERS,ELECTRICIANS,ROOFERS,BUILDING INSPECTORS,ON-28 SITE WASTEWATER TREATMENT INSPECTORS, OR STRUCTURAL PEST INSPECTORS THE PROSPECTIVE BUYER AND SELLER 29 MAY WISH TO OBTAIN PROFESSIONAL ADVICE OR INSPECTIONS OF THE PROPERTY OR TO PROVIDE APPROPRIATE 30 PROVISIONS IN A CONTRACT BETWEEN THEM WITH RESPECT TO ANY ADVICE,INSPECTION,DEFECTS OR WARRANTIES 31 Seller❑is/�Ls not occupying the property 32 I. SELLER'S DISCLOSURES: 33 * If you answer"Yes"to a question with an asterisk(*),please explain your answer and attach documents,if available and not otherwise 34 publicly recorded If necessary,use an attached sheet 35 YES NO DON'T 36 1. T1TLE KNOW 37 A Do you have legal authority to sell the property?If no,please explam ❑ ❑ 38 *B Is title to the property subject to any of the following? 39 (1)First right of refusal ❑ ❑ 40 (2)Option ❑ ❑ 41 (3)Lease or rental agreement ❑ ❑ 42 (4)Life estate? ❑ ❑ 43 *C Are there any encroachments,boundary agreements,or boundary disputes? ❑ ❑ fi�. 44 *D Is there a private road or easement agreement for access to the property? ❑ ❑ 45 *E Are there any tights-of-way,easements,or access limitations that may affect the 46 Buyer s use of the property? ❑ ❑ 47 *F Are there any written agreements for joint maintenance of an easement or nght-of-way9 ❑ ❑ 48 *G Is there any study,survey project,or notice that would adversely affect the property? ❑ ❑ 49 *H Are there any pending or existing assessments against the property? ❑ ❑ 66 50 *I Are there any zoning violations,nonconforming uses,or any unusual restrictions on the 51 property that would affect future construction or remodeling? ❑ ❑ 414- 52 *7 Is there a boundary survey for the property? ❑ ❑ UL 53 *K Are there any covenants,conditions,or restrictions recorded against the property? ❑ ❑ �Ej 54 PLEASE NOTE. Covenants, conditions, and restrictions which purport to forbid or restrict the conveyance,encumbrance,occupancy,or 55 lease of real property to individuals based on race,creed,color,sex,national origin,fain lial status,or disability are void,unenforceable,and 56 illegal RCW 49 60 224 57 SELLER'S INITIALSLP�-,- Date SELLER'S INITIALS !/ Date Form 17 SELLER DISCLOSURE STATEMENT ©Copyright 2009 Seller Disclosure Statement IMPROVED PROPERTY Northwest Multiple Listing Service Rev 07/09 ALL RIGHTS RESERVED Page 2 of 5 (Continued) YES NO DON'T 58 2. WATER KNOW 59 A Household Water 60 (1) The source of water for the property is NLPnvate or publicly owned water system 61 ❑Private well senmg only the subject property*❑Other water system 62 *If shared,are there any written agreements? ❑ ❑ ❑ 63 *(2) is there an easement(recorded or unrecorded)for access to and/or maintenance 64 of the water sources ❑ ❑ 65 *(3) Are there any problems or repairs needed? ❑ ❑ 10 66 (4) During your ownerhip,has the source provided an adequate year-round supply 67 ofpotablewateO co_ ❑ ❑ 68 If no,please explain 69 *(5) Are there any water treatment systems for the property? ❑ ❑ tK 70 If yes,are they ❑Leased ❑Owned 71 *(6) Are there any water rights for the property associated with its domestic water supply, ❑ ❑ Z�L 72 such as a water right permit,certificate,or claims 73 (a) If yes,has the water right perinit,certificate,or claim been assigned,transferred, 74 orchanged9 ❑ ❑ ❑ 75 *(b) If y es,has all or any portion of the water right not been used for five or more 76 successive years9 ❑ ❑ ❑ 77 *(7) Are there any defects in the operation of the water system(e g pipes,tank,pump,etc)9 ❑ ❑ 78 B Irrigation Water 79 (1) Are there any irrigation water rights for theproperty,such as a water right pemtt, 80 certificate,or claim? ❑ ❑ 81 *(a) If yes has all or any portion of the water right not been used for five or more 82 successive years? ❑ ❑ ❑ 83 *(b) If so,is the certificate available9(If yes,please attach a copy) ❑ ❑ ❑ 84 *(c) If so,has the water nght permit,certificate,or claim been assigned, 85 transferred,orchanged9 ❑ ❑ ❑ 86 *(2) Does the property receive irrigation water from a ditch company,irrigation district ❑ ❑ [I L 87 or other entity9 If so,please identify the entry that supplies water to the property 88 89 C Outdoor Sprinkler System 90 (1) Is there an outdoor sprinkler system for the property? ❑ ❑ ? — 91 *(2) If yes,are there any defects in the system9 ❑ ❑ ❑ 92 *(3) If yes,is the sprinkler system connected to irrigation water? ❑ ❑ ❑ 93 3. SEWER/ON-SITE SEWAGE SYSTEM 94 A The property is served by 95 Public sewer system❑On-site sewage system(including pipes,tanks,drainfields,and all other component parts) 96 ❑ Other disposal system 97 Please describe 98 B If public sewer system service is available to the property,is the house 99 connected to the sewer mam9 ❑ ❑ 100 If no,please explain 101 *C Is the property subject to any sewage system fees or charges in addition to those covered 102 in your regularly billed sewer or on-site sewage system maintenance services ❑ ❑ 103 D If the property is connected to an on-site sewage system 104 *(1)Was a pemut issued for its construction,and was it approved by the local health 105 department or district following its constructi ❑ ❑ ❑ 106 (2)When was it last pumped 107 *(3) Are there any defects in the operation of the on-site sewage system' ❑ ❑ ❑ 108 (4)When was it last mspected9 109 By whom 110 (5)For how many bedrooms was the on-site sewage system approved? bedrooms 111. SELLER'S INITIALS L-1 u\ Date 2����` SELLER'S INITIALSoGi Date // Form 17 SELLER DISCLOSURE STATEMENT ©Copyright 2009 Seller Disclosure Statement IMPROVED PROPERTY Northwest Multiple Listing Service Rev 07/09 ALL RIGHTS RESERVED Page 3 of 5 (Continued) YES NO DON'T 112 E Are all plumbing fixtures,including laundry dram,connected to the KNOW 113 sewer/on-site sewage system? ❑ ❑ hA_ 114 If no,please explain 115 *F Have there been any changes or repairs to the on-site sewage system? ❑ ❑ 0k 116 G Is the on-site sewage system,including the drainfield,located entirely 117 within the boundanes of the property? ❑ ❑ 54 118 If no,please explain 119 *H Does the on-site sewage system require monitoring and maintenance services more 120 frequently than once a year? ❑ ❑ cEl- 121 NOTICE: IF TMS RESIDENTIAL REAL PROPERTY DISCLOSURE IS BEING COMPLETED FOR NEW CONSTRUCTION 122 WHICH HAS NEVER BEEN OCCUPIED,SELLER IS NOT REQUIRED TO COMPLETE THE QUESTIONS LISTED IN ITEM 4 123 (STRUCTURAL)OR ITEM 5(SYSTEMS AND FIXTURES). 124 4. STRUCTURAL 125 *A Has the roof leaked witlun the last 5 years? ❑ ❑ 126 *B Has the basement flooded or leaked? ❑ ❑ 127 *C Have there been any conversions,additions or remodeling? izL ❑ ❑ 128 *(I) If yes,were all building pemrits obtained? ❑ ❑ A 129 *(2) If yes,were all final inspections obtained? ❑ ❑ ❑ 130 D Do you know the age of the house? ❑ ❑ tA. 131 If yes,year of original construction 132 *E Has there been any settling,slippage,or sliding of the property or its improvements? ❑ ❑ 14, 133 *F Are there any,defects with the following (If yes,please check applicable items and explain.) ❑ ❑ tHIL 134 ❑ Foundations ❑ Decks ❑ Exterior Walls 135 ❑ Chimneys ❑ Interior Walls ❑ Fire Alarms 136 ❑ Doors ❑ Windows ❑ Patio 137 ❑ Ceilmgs ❑ Slab Floors ❑ Driveways 138 ❑ Pools ❑ Hot Tub ❑ Sauna 139 ❑ Sidewalks ❑ Outbuildings ❑ Fireplaces 140 ❑ Garage Floors ❑ Walkways ❑ Wood Stoves 141 ❑ Siding ❑ Other 142 *G Was a structural pest or"whole house"inspection done? ❑ Cl eg- 143 If yes,when and by whom was the inspection completed? 144 145 H During your ownership,has the property had any wood destroying organism or pest infestation? ❑ ❑ 091- 146 I Is the attic insulated? ❑ ❑ Ci�, 147 J Is the basement insulated? ❑ ❑ 5L 148 5. SYSTEMS AND FIXTURES 149 *A If any of the following systems or fixtures are included with the transfer,are there any defects? 150 Byes,please explain 151 Electrical system,including winng,switches,outlets,and service ❑ ❑ t. 152 Plumbing system,including pipes,faucets,fixtures,and toilets ❑ ❑ U- 153 Hot water tank ❑ ❑ c&L 154 Garbage disposal ❑ ❑ U 155 Appliances ❑ ❑ 0- 156 Sump pump ❑ ❑ KIL 157 Heating and cooling systems ❑ ❑ �51. 158 Secunty system❑Owned❑Leased ❑ ❑ `& 159 Other ❑ ❑ a 160 SELLER'S INITIALS Date SELLER'S INITL4LS Date rQ f Form 17 SELLER DISCLOSURE STATEMENT QCopynght2009 Seller Disclosure Statement IMPROVED PROPERTY Northwest Multiple Listing Service Rev 07/09 ALL RIGHTS RESERVED Page 4 of 5 (Continued) *B If any of the following fixtures or property is included with the transfer,are they leased? YES NO DON'T 161 (If yes,please attach copy of lease) KNOW 162 Security System ❑ ❑ ', 163 Tanks(type) ❑ ❑ CEL 164 Satellite dish ❑ ❑ q 165 Other ❑ ❑ r.�iil- 166 *C Are any of the following kinds of wood burning appliances present at the property9 167 (1) Woodsto�e? ❑ ❑ 168 (2) Fireplace msert? ❑ ❑ 169 (3) Pellet stove? ❑ ❑ '15- 170 (4) Fireplace9 'a, ❑ ❑ 171 If yes,are all of the(1)woodstoves or(2)fireplace inserts certified by the U S Environmental 172 Protection Agency as clean burning appliances to improve air quality and public health? ❑ ❑ 173 6. HOMEOR HERS'ASSOCLATION/COMMON INTERESTS 174 A Is there a Homeowners'Association? ❑ ❑ 175 Name of Association and contact information for an officer,director employee,or other authorized 176 agent,if any,who may provide the association's financial statements minutes,bylaws,fining policy, 177 and other information that is not publicly available 178 B Are there regular periodic assessments? ❑ ❑ Di 179 $ per❑month❑year 180 ❑Other 181 *C Are there any pending special assessments9 ❑ ❑ 9L 182 *D Are there any shared"common areas"or any Joint maintenance agreements(facilities 183 such as walls,fences,landscaping,pools,tennis courts,walkways,or other areas co-owned 184 in undivided interest with others)? ❑ ❑ 11 185 7. ENVIRONMENTAL 186 *A Have there been any flooding,standing water,or drainage problems on the property 187 that affect the property or access to the property? ❑ ❑ Ci 188 *B Does any part of the property contain fill dirt,waste,or other fill material? ❑ ❑ C19- 189 *C Is there any material damage to the property from fire,wind,floods,beach movements, 190 earthquake,expansive soils,or landslides? ❑ ❑ 191 D .Are there any shorelines,wetlands,floodplams,or critical areas on the property? ❑ ❑ Iq 192 *E Are there any substances,materials,or products in or on the property that may be environmental 193 concerns such as asbestos,formaldehyde,radon gas,lead-based paint,fuel or chemical storage 194 tanks,or contarmuated soil or water? ❑ ❑ ail 195 *F Has the property been used for commercial or industrial purposes? ❑ ❑ �A 196 *G Is there any soil or groundwater contamination? ❑ ❑ IKI 197 *H Are there transmission poles or other electrical utility equipment installed,maintained, 198 or buned on the property that do not provide utility service to the structures on the property? ❑ ❑ 199 *I Has the property been used as a legal or illegal dumping site? ❑ ❑ 4I 200 I *J Has the property been used as an illegal drug manufacturing site? ❑ ❑ U1 201 *K Are there any radio towers in the area that cause interference with cellular telephone reception? ❑ ❑ 1& 202 ' 8. LEAD BASED PAINT(Applicable if the house was built before 1978) 203 A Presence of lead-based paint and/or lead-based paint hazards(check one below) 204 ❑ Known lead-based paint and/or lead-based paint hazards are present in the housmg 205 (explain) 206 C�W— Seller has no knowledge of lead-based part and/or lead-based paint hazards in the housing 207 B Records and reports available to the Seller(check one below) 208 ❑ Seller has provided the purchaser with all available records and reports pertaining to 209 lead-based paint and/or lead-based paint hazards in the housing(list documents below) 210 211 bli Seller has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing 212 9. MANUFACTURED AND MOBILE HOMES 213 If the property includes a manufactured or mobile home, 214 *A Did you make any alterations to the home? ❑ ❑ ❑ 215 If yes,please describe the alterations 216 *B Did any previous owner make any alterations to the home? ❑ ❑ ❑ 217 *C If alterations were made,were permits or vanances for these alterations obtained? ❑ ❑ ❑ 218 SELLER'S INITIALS Lpk Date Z c(-2yt> SELLER'S INITIALS Date _/9 2Y Form 17 SELLER DISCLOSURE STATEMENT ©Copynght 2009 Seller Disclosure Statement IMPROVED PROPERTY Northwest Multiple Listing Service Rev 07/09 ALL RIGHTS RESERVED Page 5 of 5 (Continued) 10. FULL DISCLOSURE BY SELLERS - YES NO DON'T 219 A Other conditions or defects KNOW 220 *Are there any other existing material defects affecting the property that a prospective buyer 221 should know about? ❑ ❑ 04 222 B Venfication 223 The foregoing answers and attached explanations (if any) are complete and correct to the best of Seller's knowledge and Seller has 224 received a copy hereof Seller agrees to defend,mdemmfy and hold real estate licensees harmless fiom and against any and all claims 225 that the above information is inaccurate Seller authonzes real estate licensees,if any,to deliver a copy of this disclosure statement to 226 other real estate licensees and all prospective buyers of the property 227 Date Date 228 Seller Seller 229 NOTICES TO THE BUYER 230 SEX OFFENDER REGISTRATION 231 INFORMATION REGARDING REGISTERED SEX OFFENDERS MAY BE OBTAINED FROM LOCAL LAW ENFORCEMENT 232 AGENCIES THIS NOTICE IS INTENDED ONLY TO INFORM YOU OF WHERE TO OBTAIN THIS INFORMATION AND IS 233 NOT AN INDICATION OF THE PRESENCE OF REGISTERED SEX OFFENDERS. 234 PROXIMITY TO FARMING 235 THIS NOTICE IS TO INFORM YOU THAT THE REAL PROPERTY YOU ARE CONSIDERING FOR PURCHASE MAY LIE IN 236 CLOSE PROXIMITY TO A FARM.THE OPERATION OF A FARM INVOLVES USUAL AND CUSTOMARY AGRICULTLRAL 237 PRACTICES,WHICH ARE PROTECTED UNDER RCW 7.48.305,THE WASHINGTON RIGHT TO FARM ACT 238 11. BUYER'S ACKNOWLEDGEMENT 239 Buyer hereby acknowledges that 240 A Buyer has a duty to pay diligent attention to any material defects that are known to Buyer or can be known to Buyer by utilizing 241 diligent attention and observation 242 B The disclosures set forth in this statement and in any amendments to this statement are made only by the Seller and not by any real 243 estate licensee or other party 244 C Buyer acknowledges that,pursuant to RCW 64 06 050 (2),real estate licensees are not liable for inaccurate information piovided by 245 Seller,except to the extent that real estate licensees know of such inaccurate information 246 D This information is for disclosure only and is not intended to be a part of the written agreement between the Buyer and Sellei 247 E Buyer(which term includes all persons signing the"Buyer's acceptance"portion of this disclosure statement below) has received a 248 copy of tlis Disclosure Statement(including attachments,if any)bearing Seller's signature(s) 249 F If the house was built prior to 1978,Buyer acknowledges receipt of the pamphlet Protect Yow-Family Fran Lead in YotrrHoine 250 DISCLOSURES CONTAINED IN THIS DISCLOSURE STATEMENT ARE PROVIDED BY SELLER BASED ON SELLER'S ACTUAL 251 KNOWLEDGE OF THE PROPERTY AT THE TIME SELLER COMPLETES THIS DISCLOSURE UNLESS BUYER AND SELLER 252 OTHERWISE AGREE IN WRITING, BUYER SHALL HAVE THREE (3)BUSINESS DAYS FROM THE DAY SELLER OR SELLER'S 253 AGENT DELIVERS THIS DISCLOSURE STATEMENT TO RESCIND THE AGREEMENT BY DELIVERING A SEPARATELY SIGNED 254 WRITTEN STATEMENT OF RESCISSION TO SELLER OR SELLER'S AGENT YOU MAY WAIVE THE RIGHT TO RESCIND PRIOR 255 TO OR AFTER THE TIME YOU ENTER INTO A SALE AGREEMENT 256 BUYER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS DISCLOSURE STATEMENT.AND ACKNOWLEDGES THAT 257 THE DISCLOSURES MADE HEREIN ARE THOSE OF THE SELLER ONLY, AND NOT OF ANY REAL ESTATE LICENSEE OR 258 OTHER PARTY 259 DATE a — DATE 260 BUYER BUYER 261 BUYER'S WAIVER OF RIGHT TO REVOKE OFFER 262 Buyer ead and reviewed the Seller's responses to this Seller Disclosure Statement Buyer approves this statement and waives Buyer's I'. 263 to revoke Buyer's offer based on thus disclosure 264 DATE DATE 265 BUYER BUYER 266 loe B R'S WAIVER OF RIG ITT TO RECEIVE COMPLETED SELLER DISCLOSURE STATEMENT 267 Buyer has been advised of Buyer's right to receive a completed Seller Disclosure Statement Buyer waives that right However,if the answer to 268 any of the questions in the section entitled"Environmental"would be`�es,"Buyer may not waive the receipt of the"Environmental"section of 269 the Seller Disclosure Statement 270 DATE DATE 271 BUYER BUYER 272 If the answer is"Yes"to any astensked(*)items,please explain below(use additional sheets if necessary) Please refer to the line number(s)of 273 the questions) 274 275 276 277 SELLER'S INITIALS _ Date SELLER'S INITIALS Date PACff7C NORTHWF$T Trn F, Compare al WuArgmn IM. 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 Bend APN: 00D66D-0048 SUPPLEMENTAL REPORT #1 PNWT Order Number 687316 Seller- Kyle Buyer/Borrower- City of Kent The following matters affect the property covered by this order: • A Full Update of she Commitemtn from January 3, 2011 through January 18, 2D11 at 8:00 a.m. has disclosed the following• ALTA Form 2006 Owner's Policy Amount $ 230,000.00 Standard (X) Extended ( ) Premium $ 960.00 Tax (9 5%) $ 91 20 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 ($450.00 plus $40 50 tax) will be credited towards the policy premium. The final balance to be paid will be $560.70. • There has been no change in the title to the property covered by this order since January 3, 2011, EXCEPT the matters noted hereinabove Dated as of January 21, 2011 at 8:00 a.m. PACIFIC NORTHWEST TITLE COMPANY By: Curtis Goodman Title Officer Phone Number: 206-343-1327 mrs PACIFIC NORTHWEST TITLE COMPANY � � ✓ OF WASHINGTON, INC. 215 Columbia Street Seattle, Washington 98104-1511 Title Officer, Curtis Goodman (curtisgoodmar2@prwt com) Assistant Title Officer, Rob Chelton(robcheltonopnwt.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 687316 Kent, WA 98032 Attention Jerry Mc Caughan Your Ref Green River Levee/Horseshoe Bend APN 000660-0048 A. L T A COMMITMENT SCHEDULE A SECOND REPORT Effective Date: January 3, 2011, 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 5%) 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 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 LANCE KYLE, as his separate estate (NOTE: SEE SPECIAL EXCEPTION NUMBER 7 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 2, attached. Order No. 687316 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 That portion of the S W Russell Donation Claim described as the east 61 feet of the west 161 feet of that portion of the following tract of land lying south of County Road Beginning on Township line between Township 22 North, Range 4 East, W.M , in King County, Washington, and Township 22 North, Range 5 East, W M , in King County, Washington, and on the south line of the S. W Russell Donation Claim, thence east on the south line of said Donation Claim to the southeast corner thereof, thence north to the Section line between Sections 19 and 30, _n said Township 22 North, Range 5 East, W M , in King County, Washington, thence west to the aforesaid Township line, thence south along said Township line to the beginning, EXCEPT roads. 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. S.W Russell Donation Land Claim PACIFIC NORTHWEST TITLE COMPANY OF WASHINGTON, INC. A L.T A COMMITMENT Schedule B Order No. 687316 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 isssed (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. 687316 A.L T A. COMMITMENT SCHEDULE B Page 2 SPECIAL EXCEPTIONS 1 Easement right filed in Volume 33 of Commissioner's Records, page 340, to make all necessary slopes for cuts and fills, affection portion of said premises adjoining county road. 2 GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE ON FEBRUARY 15TH- YEAR• 2011 AMOUNT- NOT YET AVAILABLE TAX ACCOUNT NUMBER: 000660-0048-05 LEVY CODE 1525 CURRENT ASSESSED VALUE: Land $177, 000.00 Improvements $53, 000 00 NOTE: General and Special taxes for 2010 in the sum of $2,987.98 have been paid. 3 DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF GRANTOR: Lance Kyle, a married man, as his sole and separate property TRUSTEE Fidelity National Title Company BENEFICIARY: Mortgage Electronic Registration Systems, Inc. , solely as nominee for Guild Mortgage Company, a California corporation AMOUNT: $157,000 00 DATED July 6, 2009 RECORDED: July 7, 2009 RECORDING NUMBER. 20090707001976 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. 4. 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. 5. 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. 687316 A.L T A. COMMITMENT SCHEDULE B Page 3 6. Matters disclosed on a survey recorded under Recording Number 8802249019 Affidavit of Correction of Survey recorded under Recording Number 8809120704 7. Payment of Real Estate Excise Tax, if required The property described herein is situated within the boundaries of local taxing a=hority 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 Lance Kyle 11417 Marine View Dr. SW Seattle, WA 98146 NOTE 3 • The vestee(s) herein acquired title by instrument(s) recorded under Recording Number(s) 20090707001975. END OF SCHEDULE B Title to this property was examined by Dick Chase/Rob Chelton 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/20090707001975 REQUEST FOR MAYOR'S SIGNATURE • Please FIII in All Applicable Boxes KENO WASHING-ON 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 2/16111 Date Required- 2/23/11 Return Signed Document to Mark Madfai CONTRACT TERMINATION DATE: 30 days VENDOR NAME: Lance Kyle DATE OF COUNCIL APPROVAL: 2/15/11 Brief Explanation of Document: The attached Real Estate Purchase and Sale Agreement is necessary to complete the sale for the acquisition of the Lance Kyle property located at 8425 S 259th St for the Horseshoe Bend Levee Project For a summary, see the attached prepared by Mark Madfai RECE ED All Contracts Must Be Routed Through the Law Department (This Area to be Completed By the Law Department) (3.ity of dent Received- 0iPce ay®r Approval of Law Dept.: ECE�VE�, Law Dept. Comments: `R` FEB 16 2011 LAVV WEPT. Date Forwarded to Mayor. KEN Shaded Areas to Be Completed by Administration Staff F Received: Recommendations & Comments: 01_'YCTNEW C'T CLE^K f Disposition ."."114r111 Date Returned: Iage5870_templatebase - 2/07 • KENT WASHINGTON Agenda Item: Other Business - Property Acquisition TO: City Council DATE: February 15, 2011 SUBJECT: Horseshoe Bend Levee - Lance Kyle Acquisition MOTION: Move to authorize the Mayor to sign the Purchase and Sale Agreement between the City of Kent and Lance Kyle, as well as any other documents necessary to complete the sale for the acquisition of the property located at 8425 S. 259th Street Kent, WA for the Horseshoe Bend Levee Project within established budgets, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. SUMMARY: The City is in the process of certifying the Horseshoe Bend Levee. The east river bend is one area identified as needing levee improvements in order to certify the levee. Construction of a set-back levee is proposed to back up the existing levee in this area. This property is needed in order to construct the set-back levee. EXHIBITS: (5) 8.5 X 11 exhibits provided RECOMMENDED BY: BUDGET IMPACTS: This is fully grant eligible under the $10 million DOE Grant for Horseshoe Bend