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HomeMy WebLinkAboutPW13-124 - Original - Paras Malik - Sale of Meyer Parcel - 05/21/2013 REAL ESTATE PURCHASE AND SALE AGREEMENT WITH EARNEST MONEY PROVISION This Agreement is entered between the CITY OF KENT, a Washington municipal corporation, authorized by the Kent City Council on February 1, 2011, (`Seller") whose mailing address is 220 4th Avenue South, Kent, Washington 98032- 5895, and Paras Malik ("Buyer") whose mailing address 26220 116th Ave. SE, Kent, Washington 98030, 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 Number 282205-9104, located at 25906 116th Ave SE, Kent, WA 98030 (the "Property"). The Property is legally described in Exhibit "A", attached hereto and incorporated herein by this reference. 2. EARNEST MONEY. Within ten working (10) days of mutual acceptance of this Agreement, Buyer shall deposit with Old Republic Title & Escrow, Ltd. (`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 Twenty Thousand Dollars and NO/100ths ($120,000.00), including Earnest Money, payable on Closing. 4. CONTINGENCIES. This Agreement is contingent upon: (a) Buyer's receipt of Seller's information contained in the Real Property Transfer Disclosure Statement ("Disclosure Statement") the form of I which is set forth in Exhibit 11B." 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 Buyer's initials f/7 Seller's Initial Seller's Initials Real Estate Purchase and Sale Agreement Page 1 of 8 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, pursuant to which, Buyer shall have ninety (90) 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. Seller agrees to allow Buyer's inspectors reasonable access to the Property upon reasonable notice, if necessary to satisfy the contingencies in this offer. (c) Final approval of the Kent City Council. Should any of the contingencies not be met prior to Closing, then this Agreement shall terminate and neither Buyer not Seller shall have any further rights, duties or obligations hereunder, except that the Earnest Money in Escrow shall be immediately returned to Buyer. S. CONVEYANCE AND CONDITION OF TITLE. The title to the Property shall be conveyed by Seller to Buyer at Closing by Bargain and Sale Deed, free and clear of all liens, encumbrances or defects except those described in pages 4 through 8 of Title Report Number 5216009422, 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 Old Republic Title & Escrow, Ltd. 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: Buyer's rnitials�i Seller's Initi� Seller's Initlals Real Estate Purchase and Sale Agreement Page 2 of 9 rights reserved in federal patents or state deeds, building or use restrictions consistent with current zoning and, utility and road easements of record. If title cannot be made so insurable prior to Closing, unless Buyer elects to waive such defects or encumbrances, this Agreement shall terminate and the Earnest Money shall be returned to Buyer. 7. CLOSING COSTS AND PRO-RATIONS. Seller and Buyer shall each pay one-half of the initial escrow fee. All additional escrow fees, and excise tax, if applicable, shall be paid by Buyer. Seller 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. 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, Buyer and Seller will deposit, without delay, in escrow with 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: Buyer's Initials 7 M Seller's Initio�7—� Seller's Initials Real Estate Purchase and Sale Agreement Page 3 of 8 (a) that Seller will maintain the Property in present or better condition until time of agreed possession; 1v (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. 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. (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. 13. NOTICE TO BUYER. This form contains provisions for an agreement for the purchase and sale of real estate. Seller 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 I accurately reflects the laws of the State of Washington at the time Buyer enters into the Agreement. THIS AGREEMENT HAS SIGNIFICANT LEGAL AND FINANCIAL i Buyer's Initials seller's Initl sa� Seller's Initials Real Estate Purchase and Sale Agreement Page 4 of 8 CONSEQUENCES. BUYER IS ADVISED TO SEEK INDEPENDENT LEGAL AND FINANCIAL COUNSEL REGARDING THESE CONSEQUENCES. 14. 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. 15. 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 Seller shall be addressed as follows: Public Works Engineering Attn: Ingrid Wiilms-Dixon idixon@KentWA.gov City of Kent Phone: (253) 856-5519 220 Fourth Avenue South Kent, WA 98032 Fax Number: (253) 856-6500 (b) All notices to be given to Buyer shall be addressed as follows: Paras Malik dpmalik@hotmaii.com 26220 116" Ave. SE Phone: 206-841-3355 Kent, WA 98030 (c) All notices to be given to Escrow Agent shall be addressed as follows: Old Republic Title & Escrow, Ltd. Attn: Patti Maddox 24604 104th Ave. SE, Suite 102 Kent, WA 98030 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. Buyer's Initials Seller's rn Seller's Initials Real Estate Purchase and Sale Agreement Page 5 of 8 16. 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. 17. 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. IS. 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. 19. EXPIRATION OF OFFER. Buyer shall have only until 5:00 pm on May 25, 2013, to accept the Agreement as written, by delivering a signed copy thereof to the Seller or Seller's agent. If Buyer does not so deliver a signed copy within said period, this Agreement shall lapse and all right of the parties hereunder shall terminate. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set forth below. SELLER: CITY OF KENT By: Print a e: Azette Cooke Its• ayo D d: i Buyer's Initials Seller's Initial Seller's Initials Real Estate Purchase and Sale Agreement Page 6 of 8 BUYER: By: ��a- 12,;A-4z Print Name: rl'MA-7 c Dated: s - is- /3 P•\Civil\Flles\Open Flles\1666-Malik Purchase&Sale Agreement\Meyer Prop PSA(City to Mallk)XINALdom I i lr Buyer's Initials It Seller's Initia seller's Initials Real Estate Purchase and Sale Agreement Page 7 of 8 Exhibit A The land referred to is situated in the County of King, City of Kent, State of Washington, and is described as follows: The South 264 feet of the North 528 feet of the South half of the West half of the West half of the Northwest quarter of the Northwest quarter of Section 28,Township 22 North, Range 5 East,W.M., in King County, Washington; EXCEPT the West 30 feet thereof conveyed to King County by instrument recorded under Recording No. 4768113, records of King County, Washington; ALSO EXCEPT that portion thereof conveyed to the City of Kent for Storm Drainage by deed recorded under Recording No. 20120816001619, described as follows: Commencing at the Northwest comer of said Section 28; THENCE South 00°56'50"West,along the West line of the Northwest quarter of said Section 28, a distance of 924.22 feet to the North line of the South 264.00 feet of the North 528.00 feet of the South half of the West half of the West half of the Northwest quarter of the Northwest quarter of said Section 28; THENCE South 8815637"East,along said North line, 46.00 feet to the East line of the West 46.00 feet of said Subdivision; THENCE South 00156'56"West, along said East line, 140 feet to the the True Point of Beginning; THENCE South 66°19'27'East, 26.00 feet; THENCE South 8805637"East, 83.00 feet; THENCE North 4310641"East, 14.95 feet; THENCE North 01103'23"East, 16.90 feet; THENCE South 88056'37" East, 167.08 feet to the East line of the South 264.00 feet of the North 528.00 feet of the South half of the West half of the West half of the Northwest quarter of the Northwest quarter of said Section 28; THENCE South 00157'45"West, along said East line, 142.00 feet to the South line of said South 264.00 feet; THENCE North 8805637"West, along said South line, 284.09 feet to the East line of the West 46.00 feet of said South 264.00 feet; THENCE North 00156'50"East, along said East line, 124.00 feet to the True Point of Beginning; AND EXCEPT that portion thereof conveyed to the City of Kent for Right of Way by deed recorded under Recording No. 20120816001619, described as follows: The East 16.00 feet of the West 46.00 feet of the The South 264 feet of the North 528 feet of the South half of the West half of the West half of the Northwest quarter of the Northwest quarter of Section 28, Township 22 North, Range 5 East, W.M., in Icing County,Washington. SITUATE in the County of King,State of Washington. ABBREVIATED LEGAL A Portion of the Northwest quarter of the Northwest quarter of Section 28, Township 22 North, Range 5 East, W.M. Tax Account No. 282205-9104-03 Buyer's Initials f Seller's Initial Seller's Initials Real Estate Purchase and Sale Agreement Page 8 of 8 EXHIBIT e 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 nurnber(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 25906 11CH AVE SE, 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 THREE 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/_X_ is not occupying the property. DATE: SELLE SELLER: Seller's Disclosure Statement - ge 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, rf available and not otherwise publicly recorded. If necessary, use an attached sheet. 1. TITLE /es [ ] No [ ] Don't know A. Do you have legal authority to sell the property? If no, please explain. [ ] Yes E4/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 [2/No [ ] Don't know *C. Are there any encroachments, boundary agreements, or boundary disputes? [ ] Yes [4No [ ] Don't know *D. Is there a private road or easement agreement for access to the property? [ ] Yes [4)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 dNo [ ] Don't know *F. Are there any written agreements for joint maintenance of an easement or right-of-way? P] Yes [ ) No [ ] Don't know *G. Is there any study, survey project, or notice that would adversely affect the property? i-1-+L,-J !`etdC/-t [ ] 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 a construction or remodeling? [ ] Yes V(]"'No [ ]'Don't know *J. Is there a boundary survey for the property? [ ] Yes [I/No [ ] Don't know *K. Are there any covenants, conditions, or rictio which affect the property? DATE: 5 SELLER: ELLER: Seller's Disclosure Statement - Page 2 of 9 Unfmproved b 2. WATER A. Household Water [ Yes [ ] No [ ] 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 [ ] 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 [,,�Nlo [ ] 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 [ ] 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 [ ] Don't know (a) If yes, has the water right, permit, certificate, or claim been assigned, transferred, or changed? [ ] 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.)- [ ] Yes [,I/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 the er s em (e.g., pipes, tank, pump, etc)? DATE: s SELLER: LER: Seller's Disclosure Statement - Page 3 of 9 Unimproved B. Irrigation Water [ ] Yes [ ] No [-fbon'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 Systent [ ] Yes [v�`No [ ] Don't know (1) Is there an outdoor sprinkler system for the property? [ ] 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: i PJ] Yes [ ] No [ ] Don't know B. Is the property subject to any sewage system fees or charges to addition to those covered in your regularly billed sewer or on-site tY /Zlry[ca sewa system maintenance service DATE: S~ SELLER: LER: f 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 *(I) 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 [ ] Don't know (4) Is the septic system a gravity system? [ ] Yes [ ] No [ ] 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 drainheld, located entirely within the boundaries of the property? If no, please explain: [ ] Yes [ ] 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 [4 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. S. FLOODING [ ] Yes [,]/No [ ] Don't know A. Is the property located in a government designated flood zone or flood plain? DATE: SELLER: ELLER: Seller's Disclosure Statement - Page 5 of 9 Unimproved 6. SOIL STABILITY [ ] Yes [-j"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 [X] 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? - Wetland on easterly portion [ ] Yes [X] No [ ] Don't know *B. Does any part of the property contain fill dirt, waste or other fill material? [ ] Yes [X] No [ ] Don't know *C. Is there any material damage to the property from fire, wind, floods, beach movements, earthquake, expansive soils, or landslides? [X] Yes [ ] No [ ] Don't know D. Are there any shorelines, wetlands, floodplains, or critical areas on the property? [ ] Yes [ ] No [X] 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 [X] No [ ] Don't know *F. Has the property been used for commercial or industrial purposes? [ ] Yes [ ] No [X] Don't know *G. Is there any soil or groundwater contamination? [ ] Yes [X] 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 [X] No [ ] Don't know *I. Has the property been used as a legal or illegal dumping site? [ ] Yes [X] No [ ] Don't know *J. Has the property been used as an illegal drug manufacturing site? ZDATE: S �° L� SELLER: SELLER: Seller's Disclosure Statement- Page 6 of 9 Unimproved [ ] Yes [ ] No [X] Don't know *K. Are there any radio towers in the area that may cause interference with telephone reception? / $. HOMEOWNERS'ASSOCIATION/COMMON INTERESTS [ ] Yes [ J/ 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 [ ] No [ ] Don't know *C. Are there any pending special assessments? [ ] Yes Vf 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)? 9. OTHER FACTS [ ] Yes [11"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 Vf-No [ ] Don't know *C. Is the property classified or designated as forest land or open space? If so, specify: + [ } Yes [4-No [ ] Don't know D. Do you have a forest management plan? If yes, attach. i [ ] Yes [ No ] Don't know *E. Ha any development-related permit DATE: SELLER: SELLER: i Seller's Disclosure Statement - Page 7 of 9 Unimproved I applications been submitted to any government agencies? If so, specify: If the answer to E is "yes," what is the status or outcome of those applications? 10. ` FULL DISCLOSURE BY SELLERS A. Other conditions or defects: [ ] Yes [�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: 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 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 OTHER PARTY. DATE: 'r A-f- 1 i3 BUYER /el ' A"'��3UYER BUYER'S WAIVER OF RIGHT TO RECEIVE COMPLETED SELLER DISCLOSURE STATEMENT Buyer has been advised of Buyer's right to receive a completed Seiler 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: yr/S SELLER: ELLER: Zi�� Seller's Disclosure Statement - Page 9 of 9 Unimproved EXHIBIT C .Order Number:5216OD9422 SCHEDULE 8 Customer Reference:City of Kent/Marik L REQUIREMENTS- 1. Pay us the premiums,fees and charges for the policy. 2. Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must be signed, delivered, and recorded. 3. You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land of who will make a loan on the land. We may then make additional requirements or exceptions. 4. Release(s)or Reconveyance(s)of appropnate items. 5. If any document in the completion of this transaction is to be executed by an attorney-in- fact, the completed Power of Attorney form should be submitted for review prior to closing. 6. The requirement that satisfactory evidence be furnished to this Company of compliance with applicable statutes, ordinances and charters governing the ownership and disposition of the herein described land. 7. Any interest of a spouse/domesbc partner of PARRS MALIK. NOTE:The name of said spouse/domestic partner must be furnished. 8. If the property described in Schedule A is occupied by a marital community or registered domestic partnership as a homestead under Washington law, any conveyance or encumbrance must be executed by both spouses/domesbc partners pursuant to RCW 6.13.060. I i Page 4 of 8 Pages D;MC 1616 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Order Number.5216DW422 SCHEDULE 6 conflnued Customer Reference:Gty of Kent/Mahk lI Schedule B of the polity or policies to be issued will contain exroepbon-s to the followng maUm unless tihe same are disposed of to the sabsfadaon of the Compaw. Defects,liens,encumbrances,adverse claims or other matters,If any,created,first appearing in the public records or attaching subsequent to the Effective Date hereof but prior to the date the proposed Insured acquires far value of record the estate or interest or mortgage thereon covered by this Commitment 7 1. Encroachments, or questions of locobon, boundary and/or area which an accurate surrey may disclose. 2. Easements or claims of easements not disclosed by the public records. 3. Rights or claims of parties In possession not disclosed by the public records. 4. Any lien or right to lien fvr services, material,laborr and/or contributions to an employee benefrt fund or State Workers'Compensation that is not disclosed by the public records. S. Excopbons and reservations in Untted States patents,Indian tribal codes or regulations, Indian b-eaty or aboriginal rights, induding easements and equitable servibudes. Water rights,claims or title to water. 6. Any service, installation or general connection charms for sewer,water, eledreity, telephone,gas and/or garbage removal. 7. General taxes not now payable, special assessments and/or special levies, if any,that are not disdosed by the public records. B. Lien of Real Estate Excise Sale Tax upon any sale of said premises,as established by the Washington State Department of Revenue. NOTE:As of the date of this commitment,the current Exase Tax Rate is: .0178. i Confirm the current rate by contacting the following prior to closing: Name of Agency King County Records and Elecbon Division, Exdse Tax Department at I Telephone Number(2D6)296-1843 I I Page 5 of 8 Pages oicnc 1638 OLD REPUBLIC NATIONAL.TITLE INSURANCE COMPANY I t i I Order Number.5216009422 9. LIABILITY FOR ASSES94ENT FOR GENERAL TAXES,said Property not being carried on the general tax rolls. Any liability for additional taxation and/or termination or the Exemption currently allowed under RCW Chapter 84.36 due to a change in ownershlp or death of the taxpayw. 10. Agreement for Installation, use and maintenance of well and appurtenanms thereto Execs ed By Rurel E Berry and Bertha Berry, his wiFe and Between Alfred Omas and G.H. Berryman On the terms,covenants and conditions contained therein, Recorded August 23, 1935 in Official Records under Recording Number 2865062 if. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following Instrument Deed Granted To IGng CounLy For Right to make necessary slopes for cuts or fills upon property herein described Recorded January 30, 1957 in Official Records under Recording Number 4768113 Affects The Westerly portion 12. Any lark of access,or a right of access,or a right to access to and from the land(any access coverage contained in this policy and/or endorsements thereto is NOT being provided, notwithstanding any statement therein to the contrary). ------Informational Notes ---- A. NOXIOUS WEED TAX,as follows;together with interest and penalties after delinquency: Year 2012 Levy Code 9420 Amount Billed $2.25 Amount Paid $2.25 Tax Account No. 282205-9104-03 Page 6 of 8 Pages oKnc 1618 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY i • i Order Number. 5216009422 B. CONSERVATION TAX,as fblfows;together with interest and penalties after delinquency. r Year 2012 Levy Code 9430 Amount Billed $9.9B Amount Paid $9.9B Tax Account No.282205-9104-03 C. NOTE: According to the public records,there have been no deeds conveying the property described in this report recorded within a penod of 36 months prior to the date hereof except as follows: NONE NOTE:The last recorded transfer or agreement to transfer the land described herein is as follows: Recorded November 30, 2005 in Official Remrds under Recording Number 20D61130001780 D. Purmarit to WAC Code 284-29-260,there will be a cancellation charge(minimum of$50 plus tax)in the event the proposed transaction does not close. E. NOTE: This report covers land which was identified by street address and/or tax parcel number(s)—assessor's parcel number(s)when the order was opened. F. The applicable rates) for the policy(s) being offered by this report or commitment appears to be section(s) 29 and 19. G. Short Term Rate{°`S' R)appiles(but may be precluded or limited by application of the above shown section(s)of our Schedule of Fees and Charges.) H. NOTE : We find no pertinent matters of record against the name(s)of: PARAS MALIK L Matters dependent upon inspection of the premises have been cleared for AM Mortgagee's Policy. The ALTA Mortgagee's Policy,when issued,will contain the ALTA 9 (CLTA 100),ALTA 22 (CLTA 116),ALTA 8.1 endorsements. Page 7 of B Pages f OKM 1616 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY I ' I+I i i Order Number. 5216OD9472 7. NOTE:The CL.TA 116 may desaibe the improvements as a Single Family Restdenoe{mown as 25906 116th Avenue Southeast, Kent, WA 98032. rob/RMK F Page 8 of 8 Pages OFMC 1619 OLD REPUBLIC NATIONAL 71TLE INSURANGr=COMPANY t ' 40"" REQUEST FOR MAYOR'S SIGNATURE e0000*4 Please Fill in All Applicable Boxes KENT Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator: Ingrid Willms-Dixon Phone (Originator): 856-5519 Date Sent: 05/20/2013 Date Required: 05/24/2013 Return Signed Document to: Ingrid CONTRACT TERMINATION DATE: n/a VENDOR NAME: Malik DATE OF COUNCIL APPROVAL: 2-1-2011 Brief Explanation of Document: This is a new Purchase Agreement to sell vacant parcel on(� t � lt"i9tstaka as the Meyers parcel) The previous agreement dated 7/21/2Ql� xpifed MAY � 0 )JQ city Of Ken�Vor pffice 61 tn' All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received: DECEIVED Approval of Law Dept.: MAY 2A' 2013 Law Dept. Comments: SCENT LAW KEPT. Date Forwarded to Mayor: ,r- ,, 2�- Shaded Areas To Be Completed By Administration fECEIVIED Received: MAY 2 1 2013 Recommendations and Comments: CIIYOFKENT TY CLERK Disposition: ��� Date Returned: