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.
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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
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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
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Real Estate Purchase and Sate Agreement Page 6 of 10
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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
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(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.
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Real Estate Purchase and Sale Agreement Page 8 of 10
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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
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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
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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