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HomeMy WebLinkAboutPW12-282 - Original - Midway Sand & Gravel Company - McSorley Wetlands - 12/05/2012 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 41' Avenue South, Kent, Washington 98032-5895, authorized by the Kent City Council on March 6,2012, and Midway Sand & Gravel Company, a partnership and K.C.C. Associates, a partnership ("Seller"), whose mailing address is P.O. Box 140, Kent, WA 98032 and 1150 Rader Road Ellensburg, WA 98926, for the sale and purchase of real property as follows: 1. PROPERTY. The Property, which Buyer, agrees to buy and Seller agrees to sell, is known as King County Tax Parcel Numbers 768280-0215, 768280-0205, 768280-0135, 768280-0125, 768280-0085, 282204-9017, and 282204-9180 located in the city of Kent, WA (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 First American Title and Escrow (the "Escrow Agent"), the sum of Ten Thousand Dollars and NO/100ths ($10,000.00) 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 Three Hundred Seven Thousand, Five Hundred Dollars and NO/100ths ($307,500.00), including a 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 1 Buyer's Initials Seller's Inilkds-7— JZ Seller's Initials Real Estate Purchase and Sale Agreement Page 1 of 10 dwelling unit or specify which dwelling unit is being referenced in the form. The Disclosure Statement shall be completed by the Seller within ten (10) days from the date of mutual acceptance of the Agreement. Within five (5) days of Buyer's receipt of the Disclosure Statement from Seller, Buyer shall either approve and accept the Disclosure Statement, or rescind the Agreement to purchase the Property, in its sole and absolute discretion. If Buyer does not deliver a written rescission notice to Seller within the five (5) day period, Disclosure Statement will be deemed approved and accepted by Buyer. (b) A feasibility Study as follows: i. Buyer shall have sixty (60) days from the date of mutual acceptance of this Agreement to determine, in Buyer's sole and absolute discretion, if the 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 II environmental assessment may be conducted which generally will consist of on-site sampling, including the digging or boring of test holes for soil samples. BY EXECUTING THIS AGREEMENT, SELLER HEREBY AUTHORIZES BUYER A RIGHT OF ENTRY ON TO THE PROPERTY FOR THE PURPOSE OF CONDUCTING THIS FEASIBILITY STUDY INCLUDING A PHASE I, AND IF NECESSARY, A PHASE II ENVIRONMENTAL Buyer's Initials l Seller's Initials 11 Seller's Initials Real Estate Purchase and Sale Agreement Page 2 of 10 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. 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 Seller shall have any further rights, duties or obligations hereunder, except that the Earnest Money in Escrow shall be immediately a 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 nor 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(s) 1 through 14 of Title Report Number 667630, 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 First American Title and Escrow(Escrow Agent),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 Buyer's Initial Seller's Initials� Seller's Initials Real Estate Purchase and Sale Agreement Page 3 of 10 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 survey, the fees and expenses of its consultants. If the Closing date occurs on or before December 31, 2012, Buyer shall also pay to Seller the amount of 2012 property taxes assessed to the Property and actually paid by Seller, not to include penalties and interest, if any. If the Closing date occurs on January 1, 2013, or later, Buyer shall pay any 2013 property taxes assessed to the Property. Water, sewer and other utility charges, if any, shall be paid by Seller, and prorated as of the day of Closing, unless otherwise agreed. S. 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 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 First American Title and Escrow (Escrow Agent), 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. Buyer's lnitials,:�-e— Seller's Inldals-4 K Seller's Initials Real Estate Purchase and Sale Agreement Page 4 of 10 11. SELLER'S REPRESENTATIONS. Seller represents: (a) that Seller will maintain the Property in present or better condition until time of agreed possession; (b) that Seller has no knowledge of notice from any governmental agency of any violation of laws relating to the Properly 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. (d) Seller is selling the property by description and makes no representations as to the boundaries and the amount of property being sold. (e) except as otherwise provided herein, the Property is being sold AS IS. 12. SELLER'S ENVIRONMENTAL REPRESENTATIONS. Seller represents that, to the best of Seller's knowledge, Seller is not aware of the existence of, or has caused or allowed to be caused, any environmental 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. 13. SELLER'S INDEMNITIES: Seller agrees to indemnify and hold harmless the Buyer, against and in respect of, any and all damages, claims, losses, liabilities, judgments, demands, fees, obligations, assessments, and expenses and costs, including, without limitation, reasonable legal, accounting, consulting, engineering and other expenses which may be imposed upon or incurred by Buyer, or asserted against Buyer, by any other party or parties (including, without limitation, a governmental entity), arising out of or in connection with any environmental condition existing as of and/or prior to 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 Buyer's lnitial�C� Seller's Initials f r/' Z f`. Seller's Initials Real Estate Purchase and Sale Agreement Page 5 of 10 warranty as may be set forth herein, but such indemnity shall be limited to a duration of four(4) months after Closing, after which Seller shall have no further obligation to indemnify Buyer under this Paragraph 13. 14. 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. i (b) Seller's Default. If Seller defaults hereunder, Buyer shall have the right to seek as its sole remedy, specific performance without any damages. (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 fees. 15. NOTICE TO SELLER. This form contains provisions for an agreement for the purchase and sale of real estate. Buyer makes no warranty or representation of any kind that this form, or any of its provisions, is intended to meet the factual and legal requirements of a particular transaction, or that it accurately reflects the laws of the State of Washington at the time Seller enters into the Agreement. THIS AGREEMENT HAS SIGNIFICANT LEGAL AND FINANCIAL CONSEQUENCES. SELLER IS ADVISED TO SEEK INDEPENDENT LEGAL AND FINANCIAL COUNSEL REGARDING THESE CONSEQUENCES. 16. 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: City of Kent/ Public Works 220 Fourth Avenue South Kent, WA 98032 Buyer's Initials �t� Seller's Initials L Seller's Initials 61 Real Estate Purchase and Sate Agreement Page 6 of 10 J 1{ Attn: Matt Knox MKnox@kentwa.gov Ingrid Willms-Dixon ldixon!c kentwa.gov (253) 856-5519 /Fax (253)856-6500 All notices to be given to Seller shall be addressed as follows: K.C.C. Associates P.O. Box 140 Kent, WA 98032 Attn: Mel Kleweno (206-824-0310) email address 4 klewenomj@aol.com And Keelin Curran(206-550-4982)email address4 keelmcurran@gmail com Maureen Curran(253-854-3522)email address --> mocurran99@gmail.com Midway Sand & Gravel Company 1150 Rader Road Ellensburg, WA 98926 Attn. Merle Bellis (509-933-2857) email address 4 bellrich58@yahoo.com And Leonard Romano email address 4 xena2152juno.com June Romano - Robert Romano (425-455-0488) email address 4 robertlromanogmsn.com 1645 73rd Ave NE Medina, WA 98039 Steve Kaufer(206-446-7998) email address 4 steve_kaufer@mentor.com Keith LaFavor(206-722-7274)email address 4 Greenacre03@msn.com 3211 So Dose Terrace Seattle, WA 98144 Buyer's Initials 7e� Seller's InitialS_ 1 fl li I� Seller's initials Real Estate Purchase and Sale Agreement �� Page 7 of 10 (b) All notices to be given to Escrow Agent shall be addressed as follows: First American Title and Escrow 555 South Renton Village Place, Suite 150 Renton, WA 98057 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. 17. 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. 18. 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, subject to the limitations established by Paragraph 13 above. 19. 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. 20. EXPIRATION OF OFFER. Seller shall have only until 5:00 pm on the December 7t'. 2012_, 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 Agrecmcnt on the date set forth below. Buyer's In1da1s9&--- Seller's InitialsAL Seller's Initials Real Estate Purchase and Sale Agreement Page 8 of 10 BUYER: a CITY OF KENT 3 By: czxezt�� ett Co Its: Dated: / / a- SELLER: MIDWAY SAND & GRAVEL COMPANY,A PARTNERSHIP and K.C.C. ASSOCIATES,A PARTNERSHIP For Midway Sand & Gravel Company By: Print name: Dated: By: Print name: Dated: By: Print name: Dated: By: Print name: Dated: i By: Print name: Dated: By: Print name: Dated: Buyer's lnitial� Seller's initials C" Seller's Initials Real Estate Purchase and Sale Agreement Page 9 of 10 For K.C.C. Associates` p By: -A�, Z Print name: L-. ' —,LrA-- Dated: By: Print name: Dated: By: Print name: Dated: By: Its: Dated: i P Twffdea\Opem MwW177-2012-Pabk Works cavd+M Sonry Pucheae a Sale Agenomu(M1Sdmy sand&Gwv do I Buyer's InitialsA--- Seller's Initials Seller's Initials Real Estate Purchase and Sale Agreement Page 10 of 10 l 7 For K.C.C.Associates By: Print name: Dated: Print name: Dated: Print name: G Dated: 4 2 By: Its: Dated: P TrvdTiles%Olxm Fdes\0177-2012-Public Works General\McSorley Purchase&Sale Agreement(Midway Send&Gravel)docx Buyer's Inldalsd'v Seller's Initials Seller's Initials G� Real Estate Purchase and Sale Agreement Page 10 of 10 For K.C.C. Associates By: rr Print name: i r ►� Dated: By: Print name: Dated: By: Print name: Dated: By: Its: Dated: P%Cinl\FdeslOpen Fdes10177-2012-Public Works GeneraAMcSorley Purchase&Sale Agreement midway Sand&Gravel)dom Buyer's InitlalJ�� Seller's Initials Seller's Initlals� Real Estate Purchase and Sale Agreement Page 10 of 10 BUYER: CITY OF KENT By: - sette C h Its: aN o Dated- f Ja SELLER- MIDWAY SAND & GRAVEL COMPANY,A PARTNERSHIP and K.C.C. ASSOCIATES, A PARTNERSHIP For Midway Sand & Gravel Company By: Print name. Dated: - !By: Print name: Dated: By: Print name. Dated: By: Print name: Dated: By: Print name: Dated: By: Print name: Dated Buyer's lnir4—;7� Seller's initials Seller's Initi Real Estate Purdhase And Sale Agreement Page 9 of 10 BUYER: CITY OF KENT By: Votr C o e Its: Dated: S i SELLER: MIDWAY SAND & GRAVEL COMPANY,A PARTNERSHIP and K.C.C. ASSOCIATES,A PARTNERSHIP For Mid ay Sand & Gra 1 Company By: Print name: P,-O B E42-T P d MAN U Dated: By: Print name: Dated: By: Print name: Dated: By: Print name: Dated: By: Print name: Dated: By: Print name: Dated: Buyer's inwgti= Seller's Initials_-� Seller's initials Real Estate Purchase and Sale Agreement Page 9 of 10 BUYER: CITY OF KENT By: er- tt ke Its: M or Dated: a b 1 z SELLER: MIDWAY SAND & GRAVEL COMPANY,A PARTNERSHIP and K.C.C. ASSOCIATES,A PARTNERSHIP For Midway Sand & Gra 1 mpany Print n e: AT uzr4- Dated: By: Print name: Dated: By: Print name: Dated: By: Print name: Dated: By: Print name: Dated: By: Print name: Dated: Buyer's Initials Seller's Initi Seller's Initials Real Estate Purchase and Sale Agreement Page 9 of 10 BUYER: CITY OF KENT By: S: � S e Cot Its: a r Dated: s- SELLER: MIDWAY SAND&GRAVEL COMPANY,A PARTNERSH M and ICC.C. ASSOCIATES,A PARTNERSHIP For Midway Sand & Gravel Company • �' Print Dated: k111f1-t16-- By: Print name: Dated: By: Print name: Dated: By: Print name: Dated: By: Print name: Dated: By: Print name: Dated: f Buyer's Inidals�� Seller's in ' v Seller's Initials Real Estate Purchase and Sale Agreement Page 9 of 10 a BUYER: CITY OF KENT By: eV Its: M Dated: �e �— SELLER: MIDWAY SAND&GRAVEL COMPANY,A PARTNERSHIP and KC.C. ASSOCIATES,A PARTNERSHIP For Midway Sand &Gravel Company By: ' Print nam . Dated: 1\1 So 1 2x-) I z � By: i►ll M40a �- Print name. Dated: l l 0 ZA 12 By: Print name: Dated: By: Print name: Dated: By: Print name: Dated. By: Print name: Dated: Buyer's Initials Seller's Initials* Seller's Ini&16!t�►vY Zk d-4 Real Estate Purchase and Sale Agreement Page 9 of 10 V ADDENDUM TO REAL ESTATE PURCHASE AND SALE AGREEMENT WITH EARNEST MONEY PROVISION Between the CITY OF KENT, a Washington municipal corporation("Buyer"), authorized by the Kent City Council on March 6, 2012, and Midway Sand & Gravel Company and K.C.C. Associates, a partnership ("Seller") Buyer confirms that the feasibility study required pursuant to Paragraph 4(b) shall be limited to a Phase I environmental assessment only. Buyer hereby notifies Seller that Buyer shall not conduct a Phase II environmental assessment. Buyer hereby notifies the Seller of its' approval of the Property, pursuant to Paragraph 4(b). Dated Novemb r 26`h,2012 Ci of e i EXHIBIT SELLER'S DISCLOSURE STATEMENT INSTRUCTIONS TO THE SELLER Please complete the following form. Do not leave any spaces blank, If the question clearly does not apply to the property write "NA." If the answer is "yes" to any * items, please explain on attached sheets. Please refer to the line number(s) of the question(s) when you provide your explanation(s). For your protection you must date and sign each page of this disclosure statement and each attachment. Delivery of the disclosure statement must occur not later than five business days, unless otherwise agreed, after mutual acceptance of a written contract to purchase between a buyer and a seller. NOTICE TO THE BUYER THE FOLLOWING DISCLOSURES ARE MADE BY SELLER ABOUT THE CONDITION OF THE PROPERTY LOCATED AT , KENT, WASHINGTON, ("THE PROPERTY"), OR AS LEGALLY DESCRIBED ON ATTACHED EXHIBIT A. SELLER MAKES THE FOLLOWING DISCLOSURES OF EXISTING MATERIAL FACTS OR MATERIAL DEFECTS TO BUYER BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME SELLER COMPLETES THIS DISCLOSURE STATEMENT. UNLESS YOU AND SELLER OTHERWISE AGREE IN WRITING, YOU HAVE FIVE BUSINESS DAYS FROM THE DAY SELLER OR SELLER'S AGENT DELIVERS THIS DISCLOSURE STATEMENT TO YOU TO RESCIND THE AGREEMENT BY DELIVERING A SEPARATELY SIGNED WRITTEN STATEMENT OF RESCISSION TO SELLER OR SELLER'S AGENT. IF THE SELLER DOES NOT GIVE YOU A COMPLETED DISCLOSURE STATEMENT, THEN YOU MAY WAIVE THE RIGHT TO RESCIND PRIOR TO OR AFTER THE TIME YOU ENTER INTO A SALE AGREEMENT. THE FOLLOWING ARE DISCLOSURES MADE BY SELLER AND ARE NOT THE REPRESENTATIONS OF ANY REAL ESTATE LICENSEE OR OTHER PARTY. THIS INFORMATION IS FOR DISCLOSURE ONLY AND IS NOT INTENDED TO BE A PART OF ANY WRITTEN AGREEMENT BETWEEN BUYER AND SELLER. FOR A MORE COMPREHENSIVE EXAMINATION OF THE SPECIFIC CONDITION OF THIS PROPERTY YOU ARE ADVISED TO OBTAIN AND PAY FOR THE SERVICES OF QUALIFIED EXPERTS TO INSPECT THE PROPERTY, WHICH MAY INCLUDE, WITHOUT LIMITATION, ARCHITECTS, ENGINEERS, LAND SURVEYORS, PLUMBERS, ELECTRICIANS, ROOFERS, BUILDING INSPECTORS, ON-SITE WASTEWATER TREATMENT INSPECTORS, OR STRUCTURAL PEST INSPECTORS. THE PROSPECTIVE BUYER AND SELLER MAY WISH TO OBTAIN PROFESSIONAL ADVICE OR INSPECTIONS OF THE PROPERTY OR TO PROVIDE APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN THEM WITH RESPECT TO ANY ADVICE, INSPECTION, DEFECTS OR WARRANTIES. Seller _ is/ is not occupying the property. DATE: �� /� �C A. SELLER: it�� SELLER: Seller's Disclosure Statement - Page 1 of 9 Unimproved I. SELLER'S DISCLOSURES: *If you answer "Yes" to a question with an asterisk (*), please explain your answer and attach documents, if available and not otherwise publicly recorded. If necessary, use an attached sheet. 1. TITLE [ Yes [ ] No [ ] Don't know A. Do you have legal authority to sell the property? If no, please explain. [ ] Yes No [ ] Don't know *B. Is title to the property subject to any of 'the following? (1) First right of refusal (2) Option (3) Lease or rental agreement (4) Life estate? [ ] Yes ( No [ ] Don't know *C. Are there any encroachments, boundary , ` agreements, or boundary disputes? [ ] Yes No [ ] Don't know *D. Is there a private road or easement agreement for access to the property? [ ] Yes No [ ] Don't know *E. Are there any rights-of-way, easements, or access limitations that may affect the Buyer's use of the property? [ ] Yes MNo [ ] Don't know *F. Are there any written agreements for joint maintenance of an easement or right-of-way? [ ] Yes No [ ] Don't know *G. Is there any study, survey project, or notice that would adversely affect the properly? [ ] Yes No [ ] Don't know *H. Are there any pending or existing assessments against the property? [ ] Yes No [ ] Don't know *I. Are there any zoning violations, nonconforming uses, or any unusual restrictions on the property that would affect future construction or remodeling? [ ] Yes [ ] No ].j Don't know *J. Is there a boundary survey for the property? [ ] Yes Vp No [ ] Don't know *K. Are there any covenants, conditions, or 9 estrictions which affect the property? DATE: 1f�( � �� SELLER: /� SELLER: Seller's Disclosure Statement - Page 2 of 9 Unimproved 2. WATER A. Household Water [ ] Yes [ ] No p( Don't know (1) Does the property have potable water supply? (2) If yes, the source of the water for the property is: [ ] Private or publicly owned water system [ ] Private well serving only the property *[ ] Other water system [ ] Yes [ ] No Don't know * If shared, are there any written agreements? [ ] Yes [ ] No � Don't know *(3) Is there an easement (recorded or unrecorded) for access to and/or maintenance of the water source? [ ] Yes [ ] No Pq Don't know *(4) Are there any known problems or repairs needed? [ ] Yes [ ] No Don't know (5) Is there a connection or hook-up charge payable before the property can be connected to the water main? [ ] Yes [ ] No � Don't know (6) Have you obtained a certificate of water availability from the water purveyor serving the property? (If yes, please attach a copy.) [ ] Yes [ ] No t4 Don't know (7) Is there a water right permit, certificate, or claim associated with household water supply for the property? (If yes, please attach a copy.) [ ] Yes [ ] No (ADon't know (a) If yes, has the water right, permit, certificate, or claim been assigned, transferred, or changed? [ ] Yes [ } No bQ Don't know *(b) If yes, has all or any portion of the water right not been used for five or more successive years? (If yes, please explain.)_ Yes [ } No [ ] Don't know (c) If no or don't know, is the water withdrawn from the water source less than 5,000 gallons a day? [ ] Yes [ ) No Don't know *(8) Are there any defects in the operation of �t w er system (e.g., pipes, tank, pump, etc)? DATE: "/ .- Z—SELLER: SELLER: Seller's Disclosure Statement - Page 3 of 9 Unimproved B. Irrigation Water [ ] Yes [ ] No Don't know (1) Are there any irrigation water rights for the property, such as a water permit, certificate, or claim? (If yes, please attach a copy.) [ ] Yes [ ] No Don't know (a) If yes, has all or any portion of the water right not been used for five or more successive years? [ ] Yes [ ] No [ ] Don't know (b) If yes, has the water right permit, certificate, or claim been assigned, transferred, or changed? [ ] Yes [ ] No [ ] Don't know (2) Does the property receive irrigation water from a ditch company, irrigation district, or other entity? If so, please identify the entity that supplies irrigation water to the property: C. Outdoor Sprinkler System [ ] Yes [ No ( ) Don't know (1) Is there an outdoor sprinkler system for the property? [ ] Yes [ J No [ ] Don't know *(2) If yes, are there any defects in the system? [ ] Yes [ ] No [ ] Don't know *(3) If yes, is the sprinkler system connected to irrigation water? 3. SEWER/SEPTIC SYSTEM A. The property is served by-. Cj Public sewer system [ J On-site sewage system (including pipes, tanks, drainfields, and all other component parts) [ ] Other disposal system, please describe: [ ] Yes [ ] No Don't know B. Is the property subject to any sewage system fees or charges in addition to those covered in your regularly billed sewer or on-site /sewage system maintenance service? DATE: Z hi SELLER: &/` 66 SELLER: Seller's Disclosure Statement - Page 4 of 9 Unimproved C. If the property is connected to an on-site sewage system: [ ] Yes [ ] No Don't know *(1) Was a permit issued for its construction? [ ] Yes [ ] No Don't know *(2) Was it approved by the local health department or district following its construction? [ ] Yes [ ] No Don't know (3) Is the septic system a pressurized system? [ ] Yes [ ] No [ j Don't know (4) Is the septic system a gravity system? [ ] Yes [ ] No [ j Don't know *(5) Have there been any changes or repairs to the on-site sewage system? [ ] Yes [ ] No [ ] Don't know (6) Is the on-site sewage system, including the drainfield, located entirely within the boundaries of the property? If no, please explain: [ ] Yes [ j No [ ] Don't know *(7) Does the on-site sewage system require monitoring and maintenance services more frequently than once a year? If yes, please explain: 4. ELECTRICAL/GAS [ ] Yes [ ] No Don't know A. Is the property served by natural gas? [ ] Yes [ ] No [ ] Don't know B. Is there a connection charge for gas? [ ] Yes [ ] No [ ] Don't know C. Is the property served by electricity? [ ] Yes [ ] No [ ] Don't know D. Is there a connection charge for electricity? [ ] Yes [ ] No [ ] Don't know *E. Are there any electrical problems on the property? If yes, please explain. 5. FLOODING [ j Yes [ ] No [X] Don't know A. Is the property located in a government designated flood zone or flood plain? DATE: Z SELLER: 1/E24.,kQtio SELLER: Seller's Disclosure Statement - Page 5 of 9 Unimproved 6. SOIL STABILITY [ ] Yes [ ] No Don't know *A. Are there any settlement, earth movement, slides, or similar soil problems on the property? If yes, please explain: 7. ENVIRONMENTAL [ ] Yes [ ) No Don't know *A. Have there been any flooding, standing water or drainage problems on the property that affect the property or access to the property? [ ] Yes [ ] No [Don't know *B. Does any part of the property contain fill dirt, waste or other fill material? [ ] Yes [ ] No [�Q Don't know *C. Is there any material damage to the property from fire, wind, floods, beach movements, earthquake, expansive soils, or landslides? [ ] Yes [ ] No [Don't know D. Are there any shorelines, wetlands, floodplains, or critical areas on the property? [ ] Yes [ ] No [Don't know *E. Are there any substances, materials, or products on the property that may be environmental concerns, such as asbestos, formaldehyde, radon gas, lead-based paint, fuel or chemical storage tanks, or contaminated soil or water? [ ] Yes [ ] No ; Don't know *F. Has the property been used for commercial or industrial purposes? [ ] Yes [ ] No Don't know *G. Is there any soil or groundwater contamination? [ ] Yes [ ] No Don't know *H. Are there transmission poles or other electrical utility equipment installed, maintained, or buried on the property that do not provide utility service to the structures on the property? [ ] Yes [ ] No P�Don't know *I. Has the property been used as a legal or illegal dumping site? [ ] Yes [ ] No YNA v Don't know *). Has the property been used as an illegal drug manufacturing site? [ ] Yes [ ] No Don't know *K. Are there any radio towers in the area that may cause interference with telephone DATE: 7/ SELLER: SELLER: Seller's Disclosure Statement - Page 6 of 9 Unimproved reception? 8. HOMEOWNERS' ASSOCIATION/COMMON INTERESTS [ ] Yes No [ ] Don't know A. Is there a homeowners' association? ✓✓ Name of association and contact information for an officer, director, employee, or other authorized agent, if any, who may provide the association's financial statements, minutes, bylaws, fining policy, and other information that is not publicly available: [ ] Yes No [ ] Don't know B. Are there regular periodic assessments: $ per [ ] Month [ ] Year [ ] Other [ ] Yes [.(j,No [ ] Don't know *C. Are there any pending special assessments? [ ] Yes [ No [ ] Don't know D. Are there any shared "common areas" or i any joint maintenance agreements (facilities such as walls, fences, landscaping, pools, tennis courts, walkways, or other areas co-owned in undivided interest with others)? i 9. OTHER PACTS [ ] Yes No [ ] Don't know *A. Are there any disagreements, disputes, encroachments, or legal actions concerning the property? If yes, please explain: [ ] Yes [ ] No Don't know *B. Does the property have any plants or wildlife that are designated as species of concern, or listed as threatened or endangered by the government? [ ] Yes [ ] No Don't know *C. Is the property classified or designated as forest land or open space? If so, specify: [ ] Yes r] No [ ] Don't know D. Do you have a forest management plan? If yes, attach. [ ] Yes [ No [ ] Don't know *E. Have any development-related permit I applications been submitted to any government fagencies? If so, specify: DATE: t Z v SELLER: �,/Q� /Ce -e-ilLc SELLER: Seller's Disclosure Statement - Page 7 of 9 Unimproved a If the answer to E is "yes," what is the status or outcome of those applications? 10. PULL DISCLOSURE BY SELLERS A. Other conditions or defects: [ ] Yes [ ] Noj Don't know *Are there any other existing material defects affecting the property that a prospective buyer should know about? B. Verification: The foregoing answers and attached explanations (if any) are complete and correct to the best of my/our knowledge and I/we have received a copy hereof. I/we authorize all of my/our real estate licensees, if any, to deliver a copy of this disclosure statement to other real estate licensees and all prospective buyers of the property. i a DATE: / SELLER: � —SELLER: I Seller's Disclosure Statement - Page 8 of 9 Unimproved NOTICE TO THE BUYER INFORMATION REGARDING REGISTERED SEX OFFENDERS MAY BE OBTAINED FROM LOCAL LAW ENFORCEMENT AGENCIES. THIS NOTICE IS INTENDED ONLY TO INFORM YOU OF WHERE TO OBTAIN THIS INFORMATION AND IS NOT AN INDICATION OF THE PRESENCE OF REGISTERED SEX OFFENDERS, II. BUYER'S ACKNOWLEDGMENT A. Buyer hereby acknowledges that: 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 diligent attention and observation. B. The disclosures set forth in this statement and in any amendments to this statement are made only by the Seiler and not by any real estate licensee or other party. C. Buyer acknowledges that, pursuant to RCW 64.06.050(2), real estate licensees are s not liable for inaccurate information provided by Seller, except to the extent that real estate licensees know of such inaccurate information. D. This information is for disclosure only and is not intended to be a part of the written agreement between the Buyer and Seller. E. Buyer (which term includes all persons signing the "Buyer's acceptance" portion of this disclosure statement below) has received a copy of this Disclosure Statement (including attachments, if any) bearing Seller's signature. DISCLOSURES CONTAINED IN THIS DISCLOSURE STATEMENT ARE PROVIDED BY SELLER BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME SELLER COMPLETES THIS DISCLOSURE STATEMENT. UNLESS BUYER AND SELLER OTHERWISE AGREE IN WRITING, BUYER SHALL HAVE THREE BUSINESS DAYS FROM THE DAY SELLER OR SELLER'S AGENT DELIVERS THIS DISCLOSURE STATEMENT TO RESCIND THE AGREEMENT BY DELIVERING A SEPARATELY SIGNED WRITTEN STATEMENT OF RESCISSION TO SELLER OR SELLER'S AGENT. YOU MAY WAIVE THE RIGHT TO RESCIND PRIOR TO OR AFTER THE TIME YOU ENTER INTO A SALE AGREEMENT. BUYER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS DISCLOSURE STATEMENT AND ACKNOWLEDGES THAT THE DISCLOSURES MADE HEREIN ARE THOSE OF THE SELLER ONLY, AND NOT OF ANY REAL ESTATE LICENSEE OR OTHER PARTY. DATE: � � � BUYE ^c�fiil� BUYER'S WAIVER OF RIGHT T E E COMPLETED SELLER DISCLOSURE STATEMENT Buyer has been advised of Buyer's right to receive a completed Seller Disclosure Statement. Buyer waives that right. However, if the answer to any of the questions in the section entitled "Environmental' would be "yes," Buyer may not waive the receipt of the "Environmental" section of the Seller Disclosure Statement. DATE: BUYER BUYER n DATE: LL!SELLER: SELLER: Seller's Disclosure Statement - Page 9 of 9 Unimproved I it A, M _J k. 4 G I-iH M S t R ----------le-ft to 1 2 3 4, S A E 012M"OA IRA, 3:3 S.wir 265T14 ST. 3 4 Isl 20 21 22 U"Sand L Gmftl a c& hum .72 A, IM&- it W A 5. VA CA 760 dww ma A Ui 0- RJ" 16. SEC. CMA Is w 27 26 29 30 31 32 33 34 39 Z C T I W A Y JL 270TH ST lb 39 41� so 49 48 7 46 44 1 43 1 41 40 39 1 4zR S, 271ST STa r.,V C-7 QIl {MI M T, a zi LEGEND awe 0 ATLAS OF 0 LEGEN106 *„pT.ww Q 1w.aa°w = Ocopvw C4OwMwa N"I ftmA � -Xzz= &WPA I DICH- 3 p 171M Order No. 667630 A.L.T.A. COMMITMENT 11 SCHEDULE A l� Page 3 X The land referred to in this commitment is situated in the State of Washington, and described as follows . PARCEL A: The south half of the west half of the northwest quarter of the southeast quarter of Section 28, Township 22 North, Range 4 East, W.M. , in King County, Washington PARCEL B: Tracts 21, 22, 29, 30, 31, 32, 47 and the east 16 feet of the west 33 feet of Tract 45, Secoma Hi-Way Tracts, according to the plat thereof recorded in Volume 37 of Plats, page 42, in King County, Washington. TOGETHER WITH that portion of vacated South 268°h Street adjoining Tracts 21, 22, 31, 32, 29 and 30. PARCEL C: The east three fourths of the south half of the southwest quarter of the northeast quarter of Section 28, Township 22 North, Range 4 East, W.M. , in King County, Washington; EXCEPT the west 100 feet thereof; TOGETHER WITH an easement for ingress and egress over the north 30 feet of the east 130 feet of the following parcel : The west quarter of the west 100 feet of the east three fourths of the south half of said southwest quarter of the northeast quarter. END OF SCHEDULE A Buyer's initials/Seller' Seller's Initials/ Seller's Initials/ Seller's initials/ Seller's Initials 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. NE 1/4 and SE 1/4, 28-22-04 and Ptn. Tracts 45, all of Tracts 21, 22, 29-31, 47, Secoma Hi-Way Tracts, Vol. 37, pg. 42 REQUEST FOR MAYOR'S SIGNATURE KENT Please Fill in All Applicable Boxes KAy-N. 7Du Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE AW DEPARTMENT) Originator: Ingrid Wlilms-Dixon Phone (Originator). 856-5519 Date Sent: December 4, 2012 Date Required: Dec ember 10, 2012 or sooner Return Signed Document to: Ingrid CONTRACT TERMINATION DATE: n/a VENDOR NAME: McSorley Wetlands DATE OF COUNCIL APPROVAL: March 6, 2012 Brief Explanation of Document: Real Estate Purchase and Sale Agreement for the purchase of McSorley Creek Wetlands. All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received: a/'{/ I?- Approval of Law Dept.: Law Dept. Comments: Date Forwarded to Mayor: Shaded Areas To Be Completed By Administration Staff Received: Recommendations and Comments- Disposition: C�Qt Fc,4l t,t,FK Date Returned