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PW12-287 - Original - Dan B. McGlothlin - 704 Woodford Ave N - Parcel Number 914710-0005 - 04/30/2012
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 4th Avenue South, Kent, Washington 98032-5895, and DAN B. McGLOTHLIN, as his sole and separate property ("Seller"), whose mailing address is 704 Woodford Ave. N., Kent, WA 98031, 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 914710-0005, located at 704 Woodford Ave. N., Kent, WA 98031 (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 Five Thousand Dollars and NO/100ths ($5,000.00) 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 One Hundred Fourteen Thousand, Twenty Five Dollars and NO/100ths ($114,025.00), including the $5,000 00 Earnest Money, and $525.00 for the cost of appraisal, 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 form. The Disclosure Statement shall be completed by the Seller within Buyer's Initials Seller's Initials Seller's Initials Real Estate Purchase and Sale Agreement Page 1 of 8 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 ASSESSMENT. SELLER WILL BE NOTIFIED IF A PHASE II ENVIRONMENTAL ASSESSMENT IS TO BE CONDUCTED. Buyer's lnitialsSv Seller's Initials Seller's Initials Real Estate Purchase and Sale Agreement Page 2 of 8 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 returned to Buyer. Buyer agrees to return the Property to its original state (i.e., fill all boring holes, etc.). Should an of the contingencies not be met prior to Closing, then this Agreement shall terminate Y g P g 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 p rtY 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, Section II.C.4 and Section II.C.5 of Title Report Number 1157855, 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 easements of record. If title cannot be made so insurable prior to Closing, unless Buyer elects Buyer's Initia4!�7—� Seller's InitiaW Seller's Initials Real Estate Purchase and Sale Agreement Page 3 of 8 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, 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 paid by Seller, and prorated as of the day of Closing,unless otherwise agreed. 8. 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. 11. SELLER'S REPRESENTATIONS. Seller represents: (a) that Seller will maintain the Property in present or better condition until time of agreed possession; Buyer's Initials` Seller's Initi ;W Seller's Initials Real Estate Purchase and Sale Agreement Page 4 of 8 (b) that Seller 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. 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. 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. 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 warranty as may be set forth herein. 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 Buyer's Seller's Initiais�40 Seller's Initials Real Estate Purchase and Sale Agreement Page 5 of 8 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. (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 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 tune 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. 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. 17. 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: Kelly Casteel, Engineering Supervisor City of Kent 220 Fourth Avenue South Kent, WA 98032 Buyer's Initiald'6 Seller's Initial Seller's Initials Real Estate Purchase and Sale Agreement Page 6 of 8 (b) All notices to be given to Seller shall be addressed as follows: Dan B. McGlothlin 704 Woodford Ave.N. Kent, WA 98031 (c) All notices to be given to Escrow Agent shall be addressed as follows: First American Title and Escrow 555 South Renton Village Place, Ste. 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. 18. 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. 19. 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. 20. 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. 21. 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 Buyer's Initlals2i Seller's Initials4� Seller's Initials Real Estate Purchase and Sale Agreement Page 7 of 8 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: uze e Co ke It M or Dated: �--- SELLER: By: an B. McGlothlin Dated: �7l—�7 2-0/-2 P 1Cm6Files10pen Files\0177-2012-Public Works GeneralWcGlothhn Purchase&Sale Agreement docx Buyer's Initiafxw�'` Seller's Initi�J'W Seller's In}tials Real Estate Purchase and Sale Agreement Page 8 of 8 �.,.K'.`... ..r+n• - +�ta '4n2'+edclrcee' �,:_,. _. _ Q _ EXHIBIT „ ZIAN B.,MCGLOTHLIN C 764 NORTH WOODFOR7 AVBNUB SCENT, WA 98039 (4 44 661MOME MAR' LAND 'CITES INsuRANCE COMPANY OF PBILADELPBIAou ' �y 3TATUTOR4 WIUU T Y DEED RE: Escrow NO. : 914.59, Title Order NO.: 1-1797014-3 , Legal Description: I='I, B 1, WALMSLEYS ADD: CITY OF 'JUM m S9 Assessor's Tax Parcel I.D. No. 9141100005 TSS GRANTOR WALPRBD J, GUSTAPSON and KRISTINE E. 9U9TAFSON, husband and wife for and in Consideration of Ten Dollars (Sib-oo) and other valuable consideration in nand paid, conveys and warrants,to •� F DAN B. MCGLOTHUN'; AS HIS SEPARATE ESTATE'•• •`•h''•` e unmarried the following described real estate, situated in :thq Couhty of RING, State In of Washington: See "EXHIBIT A^ attached hereto and by this reference sq}de a part hereof Dated? ,Aut '�N�ftltJlA't $v *ISTZ" G0.. ..... E. STAP S State of Washington ) ) , as County.of KING I certify that T know of have satisgacy�ry evidence that WALFRED '7 GUSTAFSON and KRISTINE E GpSTAFSON is/air ¢he pe g {s} who appeared before me, and said person(s) acknowledhUA /sine/ hey si d this instrument and acknowledged it to be his/hefree and nt act £or the uses and purposes mentioned in thas i Dated- AUGUST 21, 1998 Nota or t o t was ington Residing at TACOMA , My appointment expires 10/29/2000 i LPB - 10 (Foft 57;1 , W'6 TSd dRF S7tl0'134 Ate}911:X lid W'.m9h<FG ` r } Statutory Warranty Deed Page 2 Esrrow No 91499, Title No.: H797014 x BXHIBTT A: Lot 1, Block 1, Walmsley's Addition to the City of Kent, acco'rding to the plat thereof recorded in Volume 45 of Plats, page 15, .in King County, Washington; EXCEPT that portion of said premises condemned in King County Superior Court Cause No 7D6251 for street puxpases, EASEMENT AND THE TERMS AND CONDITIONS THEREOF: Grantee:' ^ City of Kent Purpose. ;' „ Every type of public utility Area Affected: As described in said instrument Recorded. September 26, 1974 Recording No. : 7409260004 Y �I IY • , e.i Ai i Y N 1 L , ..I.. W T +` 1 LPB - 10 1Form 571) ` EXMBIT-9 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 704 Wlocaf-fvrt.Q,(v/e.ky,,7% , 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. I. SELLER'S DISCLOS DATE:'y -/�—Zt�IZ SELL2M Wji� �6ELLER: Seller's Disclosure Statement - Page 1 of 10 Improved i *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 jjQ 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 'K No [ ] Don't know *C. Are there any encroachments, boundary agreements, or boundary disputes? Yes [ ] No k[ Don't now *D. Is there a private road or easement 11 J Tn 4Z�Vor ,��1�` nr�[l�+fi'. agreement for access to the property?. � 9 [ ] Yes K 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 X No [ ] Don't know *F. Are there any written agreements for joint maintenance of an easement or right-of-way? [ ] Yes X No [ ] Don't know *G. Is there any study, survey project, or notice that would adversely affect the property? [ ] Yes No [ ] Don't know *H. Are there any pending or existing assessments against the property? [ ] Yes G] 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 Don't know *]. Is there a boundary survey for the property? [ ] Yes No [ ] Don't know *K. Are there any covenants, conditions, or restrictions recorded against the property? DATE: —/7'2412. SELLER�� � SELLER: Seller's Disclosure Statement - Page 2 of 10 Improved 2. WATER A. Household Water (1) The source of water for the property is: [X� Private or publicly owned water system [ ] Private well serving only the subject Property *[ ] Other water system v11� [ ] Yes J,No [ ] Don't know * If shared, are there any written agreements? /(/ [ ] Yes JK No [ ] Don't know *(Z) Is there an easement (recorded or unrecorded) for access to and/or maintenance of the water source? [ ] Yes No [ ] Don't know *(3) Are there any problems or repairs needed? PQYes [ ] No [ ] Don't know (4) During your ownership, has the source provided an adequate year-round supply of potable water? If no, please explain [ ] Yes D, No [ ] Don't know *(5) Are there any water treatment systems for the property? If yes, are they [ ] Leased [ ] Owned. [ ] Yes KNo [ ] Don't know *(6) Are there any water rights for the property associated with its domestic water supply, such as a water right permit, certificate, or claim? ,/�� [ ] Yes [ ] No [ ] Don't know (a) If yes, has the water right, permit, IV certificate, or claim been assigned, transferred, or changed? IVA [ ] Yes [ ] No [ ] 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)_ Itlo *(7) Are there any defects in the operation of the water system (e.g. pipes, tank, pump, etc.)? (If yes, please explain) B. Irrigation Water JV4[ ] Yes ?Q No [ ] Don't know (1) Are there any irrigation water rights for the property, such as a water permit, certificate, or claim? [ ] Yes [ ] No [ ] Don't kn *(a) If yes, has all or any portion of the DATE: SELL SELLER: Seller's Disclosure Statement - Page 3 of 10 Improved water right not been used for five or more successive years? Yes [ ] No [ ] Don't know *(b) If so, is the certificate available? (If /p yes, please attach a copy.) Yes [ ] No [ ] Don't know *(c) If so, has the water right permit, certificate, or claim been assigned, transferred, or changed? If so, explain: 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? A [ ] Yes [ ] 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: >, Public sewer system [ ] On-site sewage system (including pipes, tanks, drainfields, and all other component parts) [ ] Other disposal system, please describe: KYes [ ] No [ ] Don't know B. If public sewer system service is available to the property, is the house connected to the sewer main? If no, please explain. [ ] Yes R, No [ ] Don't know *C. 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? D. If the property is connected to an on- site sewage system: DATER-0 Zoi2_ SELLE to , SELLER: Seller's Disclosure Statement - Page 4 of 10 Improved A [] Yes [] No [] Don't know *(1) Was a permit issued for its construction, and was it approved by the local health department or district following its construction? (2) When was it last pumped: Yes [ ] No [ ] Don't know *(3) Are there any defects in the operation of the on-site sewage system? [ ] Don't know (4) When was it last inspected? By whom: [ ] Don't know (5) For how many bedrooms was the on-site sewage system approved? Bedrooms Yes [ ] No [ ] Don't know E. Are all plumbing fixtures, including laundry drain, connected to the sewer/on-site sewage system? If no, please explain: es [ ] No *F. Have there been any changes or repairs to ' the on-site sewage system? Yes [ ] No [ ] Don't know G. Is the on-site sewage system, including the drainfield, located entirely within the boundaries of the property? If no, please explain. [ ] Yes [ ] No [ ] Don't know *H. Does the on-site sewage system require monitoring and maintenance services more frequently than once a year? If yes, please explain: NOTICE: IF THIS RESIDENTIAL REAL PROPERTY DISCLOSURE STATEMENT IS BEING COMPLETED FOR NEW CONSTRUCTION WHICH HAS NEVER BEEN OCCUPIED, THE SELLER IS NOT REQUIRED TO COMPLETE THE QUESTIONS LISTED IN ITEM 4. STRUCTURAL OR ITEM 5. SYSTEMS AND FIXTURES. W4. STRUCTURAL [ ] Yes [4 No [ ] Don't know *A. Has the roof leaked? Yes No [ ] Don't know *B Has the basement flooded or leaked? bd [ ] rok� O1►e1-,►,n�C►�+,✓ ,S�c dot rbr� w�c�v� i'u ��r�►"'► Yes [ ] No [ ] Don't know *C. Have there been any conversions, additions, or remodeling? [ ] Yes [ ] No Don't know *(1) If yes, were all building permits ��. obtained? be($e✓e Pa.^w'45 bvo✓e DATEP-17--2O12- SELLE��L� , ELLER: Seller's Disclosure Statement - Page 5 of 10 Improved /�/� [ ] Yes [ ] No [ ] Don't know *(2) If yes, were all final inspections f obtained? PkYes [ ] No [ ] Don't know D. Do you know the age of the house? If yes, year of original construction: fCl,__ [ ] Yes KNo [ ] Don't know *E. Has there been an settling, slippage, or sliding of the property or its improvements? [ ] Yes No [ ] Don't know *F. Are there any defects with the following: (If yes, please check applicable items and explain.) Foundations Decks El Exterior Walls ❑ Chimneys ❑ Interior Walls ❑ Fire Alarm ❑ Doors ❑ Windows ❑ Patio ❑ Ceilings ❑ Slab Floors ❑ Driveways ❑ Pools ❑ Hot Tub ❑ Saunas ❑ Sidewalks ❑ Outbuildings ❑ Fireplaces ❑ Garage Floors ❑ Walkways ❑ Siding ❑ Other ❑ Wood Stoves [ ] Yes ANo [ ] Don't know *G. Was a structural pest or"whole house" inspection done? If yes, when and by whom was the inspection completed? [ ] Yes KNo [ ] Don't know H. During your ownership, has the property had any wood destroying organism or pest infestation? Yes [ ] No [ ] Don't know I. Is the attic insulated? IVA [ ] Yes '>SNo [ ] Don't know 1. Is the basement insulated? S. SYSTEMS AND FIXTURES *A. If any of the following systems or fixtures are included with the transfer, are there any defects? If yes, please explain. [ ] Yes XNo [ ] Don't know • Electrical system, including wiring, switches, outlets, and service. [ ] Yes �ArNo [ ] Don't know • Plumbing system, including pipes, faucets, fixtures, and toilets. [ ] Yes KNo [ ] Don't know • Hot water tank ///4 [ ] Yes XNo [ ] Don't know • Garbage disposal " DATE: 47-0-20(2— SELLERG- �� S E LLER: Seller's Disclosure Statement - Page 6 of 10 Improved [ ] Yes �KNo [ ] Don't know • Appliances ��[ ] Yes RO o [ ] Don't know • Sump pump [ ] Yes KNo [ ] Don't know • Heating and cooling systems A [ ] Yes KNo [ ] Don't know • Security system �v [ ] Owned [ ] Leased [ ] Other *13. If any of the following fixtures or property is included with the transfer, are they leased? (If yes, please attach copy of lease.)) [ ] Yes [ ] No [ ] Don't know Security system Yes [ ] No [ ] Don't know Tanks (type): A4 [ ] Yes [ ] No [ ] Don't know Satellite dish 41A [ ] Yes [ ] No [ ] Don't know Other: /" *C. Are any of the following kinds of wood burning appliances present at the property? [ ] Yes �Q No [ ] Don't know (1) Woodstove? [ ] Yes KNo [ ] Don't know (2) Fireplace insert? [ ] Yes )'No [ ] Don't know (3) Pellet stove? [ ] Yes KNo [ ] Don't know (4) Fireplace? N4 [ ] Yes [ ] No [ ] Don't know If yes, are all of the (1) woodstoves or (2) fireplace inserts certified by the U.S. Environmental Protection Agency as clean burning appliances to improve air quality and public health? 6. HOMEOWNERS' ASSOCIATION/COMMON INTERESTS VIA- [ ] Yes KNo [ J Don't know A. Is there a Homeowners' Association? ( � Name of the 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. DATE:'?—/?`20)2—SELLER SELLER: Seller's Disclosure Statement - Page 7 of 10 Improved ] Yes [ ] No [ ] Don't know B. Are there regular periodic assessments: $ per [ ] Month [ ] Year [ ] Other [ ] Yes [ ] No [ ] Don't know *C. Are there any pending special assessments? [ ] Yes [ ] No [ ] Don't know *D. Are there any shared "common areas" or any joint maintenance agreements (facilities such as walls, fences, landscaping, pools, tennis courts, walkways, or other areas co-owned in undivided interest with others)? 7. ENVIRONMENTAL Yes [ ] No [ ] Don't know *A. Have there been any flooding, standing J c,mis S ErK �� (ytJ water or drainage problems on the property that affect the property or access to the property? [ ] Yes [ ] No b Don't know *B. Does any part of the property contain fill dirt, waste or other fill material? [ ] Yes KNo [ ] Don't know *C. Is there any material damage to the property from fire, wind, floods, beach movements, earthquake, expansive soils, or landslides? ,p(],Yes [ ] No [ ] Don't know D. Are there any shorelines, wetlands, floodP lains or critical areas on the property? Yes [ ] No [ ] Don't know *E. Are there any substances, materials, or Lem �wfus 0� �"e— products on the property that may be �— m��d b / f u3�tn� environmental concerns su asbestos e5t(P / +� formaldehyde radon a lead-based paint fuel 3M �rcr,� C�ev�C �`"'� 5 or chemical storage tank or contamiiinna_te�d" soil evrdnlca✓4 or water? �lsdec( 1 �'4—G2 - 2-011- [ ] Yes [ ] No ;Don't know *F. Has the property been used for commercial or industrial purposes? [ ] Yes [ ] No A Don't know *G. Is there any soil or groundwater contamination? [ ] Yes [ ] No Don't know *H. Are there transmission poles or other utility equipment installed, maintained, or buried on the property that do not provide utility service to the structures on the property? [ ] Yes [ ] No Don't know *I. Has the property been used as a legal or illegal dumping site? [ ] Yes [ ] No K Don't know *J. Has the property been used as an illegal drug manufacturing site? DATE- LI-1�-2012-- SELLER. SELLER: Seller's Disclosure Statement - Page 8 of 10 Improved [ ] Yes [ ] No 'Don't know *K. Are there any radio towers in the area that may cause interference with cellular telephone reception? S. MANUFACTURED AND MOBILE HOMES If the property includes a manufactured or mobile home, W14 [ ] Yes [ ] No [ ] Don't know *A. Did you make any alterations to the home? If yes, please describe the alterations: /�J� [ ] Yes [ ] No [ ] Don't know *B. Did the previous owner make any '11 alterations to the home? Yes [ ] No [ ] Don't know *C. If alterations were made, were permits or variances for theses alterations obtained? 9. FULL DISCLOSURE BY SELLERS A. Other conditions or defects: [ ] Yes $4_No [ ] 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. DATE.14-47—Z0I2— SELLER. c9 SELLER: Seller's Disclosure Statement - Page 9 of 10 Improved 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 Seller 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 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 OTH PARTY. DATE: T 3e / BUYE YER: BUYER'S WAIVER OF T TO RECEIVE 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 DATE:y—/7-ZOI L SELLER S R: Seller's Disclosure Statement - Page 10 of 10 Improved Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards Lead Warning Statement I Every purchaser of any interest in residential real property on which a residential dwelling was built pnor to 1978 is not fled that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory Lead poisoning also poses a particular nsk to pregnant women. The seller of any interest in residential real property is required to provide the buyer with any information on lead-based paint hazards from risk assessments or inspections in the seller's possession and notify the buyer of any known lead-based paint hazards A risk assessment or inspection for possible lead-bosed paint hazards is recommended prior to purchase Seller's Disclosure (a) Presence of lead-based paint and/or lead-based paint hazards (check (i) or(ti) below): i (i) Y_ Known lead-based paint and/or lead-based paint hazards are present in the housing , ,L (explain) �51 G� Orm� by©W✓1�� U5�h5 3� � Chec�Sw���S V (u) Seller has no knowledge of lead-based paint and/or lead-based paint hazards in the housing (b) Records and reports available to the seller(check (i) or(u) below) C (i)X Seller has provided the purchaser with all available records and reports pertaining to lead- based paint and/or lead-based paint hazards in the housing(list documents below) �3 �v► Lem( cti+ ct fc swells W�41 ..�p(e,( p4tm f-n(-i f l s (ii) Seller has no reports or records pertaining to lead-based paint and/or lead-based paint ` hazards in the housing Purchasers Acknowledgment (initial) (c) Purchaser has received copies of all information listed above. (d) Purchaser has-received the pamphlet Protect YourFamilyfrom Lead in Your Home (e) Purchaser has (check (i) or (u) below)- (i) received a 10-day opportunity(or mutually agreed upon period)to conduct a risk assess- ment or inspection for the presence of lead-based paint and/or lead-based paint hazards, or (ii) waived the opportunity to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards Agent's Acknowledgment (initial) (f) Agent has informed the seller of the seller's obligations under 42 U S C 4852d and is aware of his/her responsibility to ensure compliance Certification of Accuracy The following parties have reviewed the information above and certify,to the best of their knowledge,that the rm tion they have providQ is true a d accurate y_LO—ZO 2-- Date Seller Date 2 Pu a r Vate Purchaser Date Agent Date Agent Date BASIN TANK & ENVIRONMENTAL INC PO BOX 24906 SEATTLE WA 98124-0906 1 -800-439-2948 Underground Storage Tank Decommissioning Certification Owners Name: GUSTAFSON Tank Location Address: 704 WOODFORD AVENUE NORTH KENT WA 98032 Underground Storage Tank Decommissioning Certification Tank Removal Tank Fill-In-Place xxx Tank Size 300 Gi, Date of Decommissioning ng/i s/9s— Permit Required YES City/County KENT Permit # T_688 UST Removal certifies that the tank was properly removed from the ground Tlae petroleinra was recovered from the tank and processed at our main facility in Seattle, Washington for energy recovery All solids i ecovei ed from the tank wel o ti ansported to a permitted facility and btu ned for energy recovery The tank was inspected and i ecerved at a permitted i ecycling facility All documents are retained at Basin Tank&Environmental, Inc for a minanum of five years for-verification UST Fill-In-Place cei t f es that the tank was Pumped&Rinsed and then filled with a solid material The petroleum was i ecovered from the tank and processed at our main facility in Seattle, Trrashington for energy recovery All solids recovered from the tank were transported to a permitted facility and burned for energy i ecovery The tank was inspected and then Filled-In-Place with concrete slurry mixture All documents are retained at Basin Tank& Environmental, Inc for a ininnnum offive yearsfor verification Basin Tank & Environmental, Inc. certifies this Underground Storage Tank Decommissioning Month AUGUST UGU cttz- Year ig4R Basin Tank nvironmental, Inc. Decommissioning License # IFCI No. 1037964-26 Exp 01/31/99 AS[ No 32004423 Exp. 01/31/99 Basin Tank & Environmental, Inc. PO Box 24906 Seattle WA 98124-0906 Tax ID # 91-1784488 UBI # 601 777 210 Contractors Bond # BASINTE030D4 FROM CITY OF KFS4T ENGINEERING 206 869 -zsss 1977>12-IS 14:40 8663 F.01/01 CITY OF YKE17-7 .,-, I-`/ FIRE PREVENTION � � 220 4 Avenue S {ge Kent WA 98032 (206) 813-3000 TEMPORARY PEWM NO. Project Name:(!:n I5 1I F�c`1'> Address of Site: 40 CC l I=C c�1. w H Cl �L3Z� Contracror/Instailer-6ot)ih i,,zo) e.- Address: ?�' (�C ��t1`�p Dare Issued: �e7A-L� l � l� �� lL4 �! rL � ��S Inspector: hate �ire�• ._ GRAi�� FOR: p�/C� /i -/7L o,9� %G� L1'�cr� lf�'pte.�C O L TC- N Any change in Lhe use. occupancy or ownership of premises shall segnun new approval. THIS MUST BE POSTED IN A CONSPICUOUS PLACE ON THE PREMISES - NON TRANSFERRABLE /d S9--FIRE MARSHAL 12/19/97 14:50 TX/RX N0.9231 P 001 I J r � j J -s ,r i r I i i CITY OF KENT PERMIT CENTER RECEIPT DOC #: P Received of. t °�; C�`' �1 C_ t�` _f €�t DATE CT ��� � /_J_- _ Mayor Jim White CK# ? , S (rIr ID YY MM DD SUB CDETRANSIR ND ND APP G NDXN EXPIN JOBJT ISOURCE ICD ACCT I DOCUMENT RE SUBS REFERENCE DESCRIPTION AMOUNT 175 001 DDO 1850 I 2210 01 BUILDING PERMIT-COMMERCIAL 175 001 000 1850 Z210 02 BUILDING PERMIT-RESIDENTIAL 175 001 000 1850 4533 00 y, BUILDING PLAN CHECK FEE .� 175 001 000 2342 2130 00 HAZARDOUS FIRE PERMIT r - 175 001 DOD 2342 6990 11 LOCKBOX FOR FIRE DEPARTMENT 175 DD1 DOD 1850 2210 04 MECHANICAL PERMIT 175 001 ow 1850 2210 03 PLUMBING PERMIT 175 001 DOO 1850 21M 94 RADON FEE 145 D01 1 000 1 DODO ( 505 WASHNGTON STATE SURCHARGE 175 001 DDO 18D4 5990 DO CODE VIOLATION FINE 175 001 000 1H10 4581 00 COMPREHENSIVE PLAN AMEND 175 001 D00 1810 4589 00 ENVIRON CHECK LIST SEPA 175 D01 ODD 18% 458, 00 HEA'nING_EXAMINERt('ft wx"'low' 165 001 ODD D000 58B PUB NOTICE BOARD DEPOSITS 175 D01 000 1804 4581 DD SHORELINE MGMT COND USENAR 75 ODt DOO 1B1D 45B1 DO SHORELINE SUBSTAN DEV PERM 175 D01 000 1810 4581 00 SHORT PLATS 175 001 000 1810 2240 02 ZONING PERMITzimb-bem.1 155 681 DX) D00D 580 CASH BONDIDEPOSIT 175 410 1 000 5550 8810 D2 CHARGE IN LIEU-WATER 175 440 000 5560 1 8810 02 CHARGE IN LIEU SEWER 175 440 OW 5560 8810 DI CONNECTION FEE-SEWER 175 001 ODD 5523 4533 DO ENGINEERING PLAN CHECK 175 D01 ON 5523 2240 03 GRADE&FILL 175 001 000 5523 4320 DO G&F REVIEW ENG CHGS INSP FEE 850 R 1531 322 5523 44 2T K C RIGHT OF WAY PERMIT 160 000 DODO 566 LATE COMERS SEWERIWATER' 175 ` 1101 DOD 5527 2290 40 LMTD LAND USE PERMIT 175 1 000 5510 67DO OD MITIGATION FEE 175 001 000 5527 ' 4320 01 SEGREGATION APPLICATION FEE 175 440 DIX 5560 2210 00 SEWER PERMIT 175 1 440 000 5595 Ban Ot STORM DRAINAGE CONNEC.CHG 175 D01 000 5510 2240 01 STREET CUT PERMIT 175 001 DOD 5528 224D 04 STREET OCCUP PERMIT 175 t1U1 I UU0 I 5523 I I Z240 UJ Jln[eT Uut 1'CHMn 175 1 001 ODO 5530 1 9110 01 STREET VACATSJSALE OF LAND 175 410 000 5550 00 D0 SYSTEM DEVELOPMENT FEE 175 1 440 DOO 5560 1 4390 01 TAP FEE-SEWER 175 410 000 5550 8810 01 WATER PERMIT 175 410 Wo 5550 4390 01 WATER SAMPLEIPURITIES 175 001 000 4150 00 CODES AND MAPS 175 DO7 000 4190 Ot PHOTOCOPIES 175 001 D00 1950 3 6981 Ot VOID 155 691 1 000 DODO 3 555 UTILITY CLEARING 175 001 ON 0000 2190 01 BUSINESS LICENSE 175 001 000 1633 6981 01 CASH-OVER/SHORT R I l Hearing Examiner-Annex Zoning,Appeal of Admen Interpret,Binding Site Plan,Cond Use,PUD,Prelim &Final Plats,Rezones,H E Appeals,&SEPA Appeals,Variances,Combing District, Com,Ind Multi- See Attached Fam,&Sign Variances-Single Family (See tee chart for numerous fee changes) 2 Zoning Permit-Temp Use,TI Sign Permits,Residential,&Tanks _ TOTAL '41DWater 44OSewer is pICSKK KY VA1r Mn---pY CUSTOMER Y*11 wcopy KEYPUNCH Pink copy-FILE COPY PREPAREDBY f � i Pacific Northwest Title Compa�l.��� -- XH1IB I Pacific Northwest Title Company 215 Columbia Sheet Seattle,WA 98104 Title Officer,Curtis Goodman(curtisgoodman@pnwt com) Assistant Title Officer,Rob Chelton(iobchelton@pnwt com) Unit No 12 FAXNo.(206)343-1330 Telephone Number(206)343-1327 A.L.T.A.COMMITMENT I SCHEDULE A City of Kent Design Engineering Title Order No• 1157855 400 W Gowe Customer Ref James Street Pump Station 10-3009 Kent,WA 98032 Attention Mark Howlett,P.E. j i 1 Effective Date:April 22,2011 at 8:00 A.M I 2 Policy or Policies to be issued Underwriter split,s 30% PREMIUM ALTA Owner's Policy Liability Amount: $TBD $ TBD Standard Tax $ TBD Rate Homeowner's Rate Proposed Insured To Be Determined Noted Woik Charges Amount $ 450.00 Tax $ 42.75 3 The estate or interest in said land described or refered to in the Commitment and covered herein is FEE SIMPLE ! 4. Title to the said estate or interest in said land is at the effective date hereof vested in- Dan B.McGlothlin, as his sole and separate property I 5 The land referred to in this Commitment is in the County of King,State of Washington,and is described as follows. SEE EXHIBIT A ATTACHED I i Pagc 2-Order No 1157855 Pacific Northwest Title Company A.L.T.A.COMMITMENT SCHEDULE B Order No 1157855 i I, The following are the requirements to be complied with A Instrimrents necessary to create the estate or interest to be insured must be properly executed, dellveled 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. 11 Schedule B of the policy or policies to be issued 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 acquues for value of record the estate or interest or mortgage thereon covered by this commitment B GENERAL EXCEPTIONS- 1 Taxes of assessments which are not shown as existing liens by the records of any taxmg authority that levies taxes or assessments on real property or by the public records 2 Any facts,rights,interests, or claims which are not shown by the public records but which could be ascei tamed by an inspection of said land or by making mquuy of persons in possession thereof 3, Easements,claims of easement or encumbrances which are not shown by the public records 4 Discrepancies,conflicts in boundary Imes,shortage in area,encroachments,of any other facts which a conect survey would disclose,and which are not shown by the public records 5 Any lien,or right to a lien,for services,labor or materials or medical assistance heretofore of hereafter furnished,imposed by law and not shown by the public records 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, whether or not the matters excepted under (A), (B) or (C) are shown by the public records, (D) Indian Tribal Codes or Regulations, Indian Treaty or Aboriginal Rights,including easements of equitable servitudes 7 Any service,installation,connection,maintenance,construction,tap or reimbursement charges/costs for sewer,water,garbage or electricity. i C SPECIAL EXCEPTIONS As on Schedule B attached. I I i I t I Page 4-Order No 1157855 i Pacific Northwest Title Company SCHEDULE B -continued Ordei No 1157855 SPECIAL EXCEPTIONS- 1 Lien of the Real Estate Excise Sales Tax and Surcharge upon any sale of said premises, if unpaid As of the date heiem,the excise tax rate for the City of Kent is at 1.78% Levy/Area Code 1525 2. Taxes for the year 2011 The first half becomes delinquent after April 30th The second half becomes delinquent after October 31 st. Tax Account No. 914710-0005-08 i Levy Code 1525 Total Assessed Value- $ 135,000 00 Assessed Land Value $ 123,000 00 Assessed Improvement Value: $ 12,000.00 2011 Total Tax Piincipal $ 1,91416 1st Half Amount Billed- $ 957.08 I Amount Paid $ 95708 Amount Due: $ 000 2nd Half Amount Billed $ 95708 I Amount Paid $ 000 Arnount Due $ 95708 2011 Remaining Balance $ 95708 3 Deed of Trust and the terms and conditions thereof Giantoi/Trustor Dan B McGlothlin,an unmairied roan Grantee/Beneficiary Mortgage Electronic Registration Systems,Inc,"MERS"solely as a nominee for WAUSAU Mortgage Corporation,its successors and assigns Trustee- First American Title Insurance Company Amount: $86,000 00 Dated March 11,2003 Recorded: March 17,2003 Recording Infoimation 20030317002147 i 4. Any and all offers of dedication, conditions,restrictions,easements,fence line boundary discrepancies,notes and/or provisions shown or disclosed by Short Plat or Plat of Walmsley's Addition to the City of Kent iecorded in Volume 45 of Plats,Page(s) 15. i Pagc 5-Ordcr No 1157855 ' i Pacific Northwest Title Company I i i 5 Easement, including terms and provisions contained therein. Recording information 7409260004 In Favor of City of Kent For. The Construction, operation, maintenance and iepair of all and every type of public utility I *** END OF SCHEDULE B *** I I I 1 i i i 1 I i I Page 6-0rdcr No 1157855 Pacific Northwest Title Company i NOTES 1 Potential charges,for the King County Sewage Treatment Capacity Charge,as authorized under RCW 35 58 and King County Code 28 84 050 Said charges could apply for any property that connected to the King County Sewer Service area on or after February 1, 1990. I Note Properties located in Snohomish County may be subject to the King County Sewage Treatment Capacity Charges I 2. The following deeds affecting the property herein described have been recorded within 24 months of the effective date of this commitment- NONE 3 Name and address of current taxpayer according to the King County Assessors record are: McGlothlin Dan B 704 N Woodford Ave Kent WA 98031 I 4 The vestee(s)herein acquired title by instrument(s)recorded under Recording Numbei(s)9908251568 5 The records of King County and/or our inspection indicate that the address of the improvements located on said land IS' 704 Woodford Avenue North Kent,Washington 98031 6 In the event the transaction falls to close and this commitment is cancelled, a fee will be charged to comply with the state insurance code and the filed schedule of this Company. 7 Abbreviated Legal Description LOT 1,BLK. 1,WALMSLEY'S ADD TO THE CITY OF KENT,VOL 45,P. 15,KING COUNTY Parcel Number. 914710-0005-08 /iti cc City of Kent Design Engineering i I I I I Pege7-Order No 1157855 Pacific Northwest Title Company PRIVACY POLICY I We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information We understand that you may be concerned about what we will do with such information — particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as Information obtained from a public record or from another person or entity First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Favinformabon Values,a copy of which can be found on our website at www firstam com. Types of Information Depending upon which of our services you are utilizing,the types of nonpublic personal information that we may collect include; • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; i • Information about your transactions with us,our affiliated companies, or others; and • Information we receive from a consumer reporting agency. I Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except (1) as necessary for us to provide the product or service you have requested of us, or (2) as permitted by law We may, however, store such information indefinitely, including the period after which any customer relationship has ceased Such information may be used for any internal purpose, such as quality I control efforts or customer analysis We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies,and escrow companies Furthermore,we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. I Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information O 2001 The First Amencan Corporation •All Rights Reserved Page 8-Order No 1157855 I i Pacific Northwest Title Company CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust,trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown In Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company Is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, I encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment j except as expressly modified herein. I 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at http•//www.alta.org/`. All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to the Company at 1 First American Way, Santa Ana, CA 92707, Attn: Claims Department American Land Title Association Commitment—2006 (Rev. 6/06) Page 9-Order No 1157855 i r�ncii�lC I�tc�ItTr Ititr��]'`I`fTl.l:C���tt���r�v l 215 Columbia Street r Seattle,WA 98104 (206)622-1040 (206)343-1358 FAX ALTA Commitment(6/17/06) ' COMMITMENT FOR TITLE INSURANCE FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation ("Company"), for a valuable consideration, hereby commits to issue Its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or Interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements, all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, First American Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officer and signatory on the date shown in Schedule A. First American Title Insurance Company ,,MILE DennisJ. Gilmore TilmothyKemp r'r,i€ ' `? President Secretary ^ ......,.•` i I I i Page 1-Order No 1157955 i i I Pacific Northwest Title n116467 tomee MaR_ U115 oa5 ! wb 121 68 ,rl v 1agpZf{ 0120 7752f 10 Y 05 S 11 110 0110 121.5s I ---------- ORGESTiN69-37 aoaA� M I 1 > 121,44 35 110 12 uoi° �� m,° g 715o SW �? O 1881 S wj 12x.2s o39. & V V 4EA T° C I� I� 3ag59t 1 I 14 MCC s 71;-6 3 9 1 0130 i 0100 bo-�o j G5 j z1,15 a^ +pup w F� 71s� s I 4 767 so ` W --------- 0065 _j 121,x10 Oi O al n40 vms° 3 0l ,��° 2 7731 of 71s0 Nj 01, 3 f J806125 S9171 Q! - .- OW 1ao I SEA om' 21450 }150 j Z 7855 3 M85 0055 j Sz 750(J e � 19Z3i 9 6992 9 >0 i 30 cp 7 M1 N �Y 4032 9]99 i °mim 59s2 s9s21e a0 i 30 'Om,�,. 6 0 sF 44 05 v'nn y>-u I N uo 0060 ron 11D 0050 1 ��v� 1D5 45 y a 2 MSC. r E} N 89-37-40 W fP) /� 7-2.Bk 26D (P) i Sn sF v, I I I SUPPLEMENTAL REPORT#1 City of Kent Design Engineering Title Order No.1157855 400 W Gowe Customer Ref James Street Pump Station 10-3009 Kent,WA 98032 Attention Mark Howlett,P.E. The following matters affect the property covered by this order. A Full Update of the Commitment from April 22,2011 through January 12,2012 at 8.00 a m.has disclosed the following• • Special Exception number(s) 2 are hereby deleted from our preliminary title report,2011 taxes are paid in full. • The following is added to Schedule B as Special Exception 6 6 General Taxes and assessments,if any,for the year 2012 in an amount not yet available,which cannot be paid until February 15th Tax Account No 914710-0005-08 9 There has been no change in the title to the property covered by this order since April 22,2011,EXCEPT the matters noted heremabove Except to matters reported heremabove,the title to the property covered by this order has NOT been re-exammed Dated as of February 10,2012 at 8-00 a m. cc- City of Kent Design Engineering cg/ceg Your title order handled by. Title Officer: Curtis_Goodman, cgoodman@firstam.com,(206)615-3069 X r 40,NW6 \ REQUEST FOR MAYOR'S SIGNATURE tNT Please Fill in All Applicable Boxes K Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator: Ingrid Willms-Dixon Phone (Originator): 856-5519 Date Sent: Aril 17, 2012 Date Required: Aril 23, 2012 Return Signed Document to: Ingrid Willms- CONTRACT TERMINATION DATE: Dixon VENDOR NAME: McGlothlin, Dan DATE OF COUNCIL APPROVALf n/a Brief Explanation of Document: ti Real Estate Purchase and Sale Agreement, to purchase the property located at 704 Woodford Ave N., Kent. Said property is adjacent to the James Street Pump Station. ' Publics Works project#10-3009 ' 1 J, i J V � r All Contracts Must Be Routed Through The Law Department flG5 tUIL (This area to be completed by the Law Department) Received: _ KENT LAW �p- Approval of Law Dept.: t , Law Dept. Comments: 8 2012 Date Forwarded to Mayor: Shaded Areas To Be Completed By Administration Staff Received: (D Recommendations and Comments: i WAY Disposition: 41201/Z �I v'7( J l'f rl'iWrAcl vd� GI C �' 'of r,Fr,r Date Returned: