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HomeMy WebLinkAboutPK13-137 - Original - Boyd & Linda Rockwell - 12608 SE 248th St, Kent Purchase - 04/29/2013 ecords Maaageme*lm KENO Document W ASNINGTON CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Rockwell, Boyd and Linda Vendor Number: ]D Edwards Number Contract Number: This is assigned by City Clerk's Office Project Name: Real Estate Purchase & Sale Agreement Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 4/29/13 Termination Date: Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Brian Levenhagen Department: Parks Planning & Dev. Detail: (i.e. address, location, parcel number, tax id, etc.): 12608 SE 248t' St, Kent, WA 98030; Tax ID 212205-9038-01 PPD Contract # PPD13-05 c"& a // 4//3 S Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 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 January 15, 2013 ("Buyer") whose mailing address is 220 4th Avenue South, Kent, Washington 98032-5895, and, Boyd Rockwell and Linda Rockwell (collectively "Seller") whose mailing address is 12608 SE 248th Street, Kent, Washington 98030, 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 212205-9038, located at 12608 SE 248th Street, Kent, WA 98030 (the "Property").erty"). The Property is legally described in Exhibit "A", attached hereto and incorporated herein by this reference. i . 2. EARNEST MONEY. Within ten working (10) days of mutual acceptance of this Agreement, Buyer shall deposit with Old Republic Title & Escrow, Ltd. (the "Escrow Agent"), the sum of Fifteen Thousand Dollars and No/100ths ($15,000.00) 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 Ninety Thousand Dollars and NO/100ths ($190,000.00), including Earnest Money, payable on Closing. 4. CONTINGENCIES. This Agreement is contingent upon: (a) Buyer's receipt of Seller's information contained in the Real Property Transfer Disclosure Statement ("Disclosure Statement") the form of which is set forth in Exhibit "B." Seller shall complete one form for each dwelling unit or specify which dwelling unit is being referenced in Buyer's Initial�'� Seller's Initials Seller's Initials " Real Estate Purchase and Sale Agreement Page 1 of 11 the form. The Disclosure Statement shall be completed by the Seller within ten (10) days from the date of mutual acceptance of the Agreement. Within five (5) days of Buyer's receipt of the Disclosure Statement from Seller, Buyer shall either approve and accept the Disclosure Statement, or rescind the Agreement to purchase the Property, in its sole and absolute discretion. If Buyer does not deliver a written rescission notice to Seller within the five (5) day period, Disclosure Statement will be deemed approved and accepted by Buyer. (b) A feasibility Study as follows; i. Buyer shall have sixty (60) days from the date of mutual acceptance of this Agreement to determine, in Buyer's sole and absolute discretion, If the Property is feasible for the purposes and uses Intended. ii. Buyer's feasibility study may Include (but is not limited to) a Phase I and/or Phase II environmental assessment, to determine if the Property is feasible for the purposes and uses intended. iii. A Phase I environmental assessment generally will consist of a review of title of ownership and land use, review of geologic and hydrologic maps of the area, review of federal and state databases for known hazardous water generators or contaminated sites, and a site visit. If the Phase I review reveals the potential of a contaminated site, a Phase II environmental assessment may be conducted which generally will consist of on-site sampling, including the digging or boring of test holes for soil samples. BY EXECUTING THIS AGREEMENT, SELLER HEREBY AUTHORIZES BUYER A RIGHT OF ENTRY ON TO THE PROPERTY FOR THE PURPOSE OF Buyer's Initials'7`� Seller's Initials Sb1ler's Initials Real Estate Purchase and Sale Agreement Page 2 of 11 CONDUCTING THIS FEASIBILITY STUDY INCLUDING A PHASE I, AND IF NECESSARY, A PHASE II ENVIRONMENTAL ASSESSMENT. SELLER WILL BE NOTIFIED IF A PHASE II ENVIRONMENTAL ASSESSMENT IS TO BE CONDUCTED. iv. Buyer agrees to conduct Its feasibility study at its sole cost and expense; and if Buyer does not remove the feasibility contingency, then Buyer also agrees, if requested by Seller, to deliver to Seller copies of all information and documentation obtained by Buyer in connection with Its feasibility study. 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.). (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 Statutory Warranty Deed, free and clear of all liens, encumbrances or defects except those described in Schedule B, paragraph(s) 11 through 14 of Title Report Number 5207107623, described in Exhibit "C", attached hereto and incorporated herein by this Buyer's Initial Seller's initials Seller's Initials Real Estate Purchase and Sale Agreement Page 3 of 11 ' r 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. (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 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. S. CLOSING OF THE SALE. WITH THE UNDERSTANDING THAT TIME IS OF THE ESSENCE FOR THIS AGREEMENT, this sale shall be closed within ninety (90) days of the date of mutual acceptance of this Agreement, which shall also be the termination date of this Agreement, unless said Closing date is extended In writing by mutual agreement of the parties. When notified, the Buyer and Seller will deposit, without delay, in escrow with Old Republic Title & Escrow, Ltd. (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. Buyer's 1nitla1S6_CX Seller's initials Seller's initials Real Estate Purchase and Sale Agreement Page 4 of 11 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; (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. SEPTIC SYSTEM. Seller represents that the Property is served by private on-site sewage system(s) ("OSS"). Buyers Initial Seller's Initialsv e Seller's Initials Real Estate Purchase and Sale Agreement Page 5 of 11 (a) Seller represents that, to the best of Seller's knowledge, the OSS serving the property does not require repair other than pumping and normal maintenance; does not currently violate any applicable local, state, and federal laws, standards, and regulations; and has no material defects. (b) Seller will retain a licensed on-site system maintainer ("OSM") to prepare a monitoring and performance inspection report of the OSS ("Operation and Maintenance Report") and to complete the other requirements of King County Health Code Section 13.60.030. Said inspection shall take place prior to the OSS being pumped under Section 10(e) below. Within fourteen (14) days of mutual acceptance Seller shall deliver to Buyer the Operation and Maintenance Report and a copy of the maintenance records for the OSS, if maintenance records are available. (c) Seller shall deliver to Buyer, within fourteen (14) days of mutual acceptance a copy of the previously recorded notice on title required by King County Health Code Section 13.56.054.A. Within three (3) days of receipt, Buyer shall provide Seller with a signed acknowledgment of receipt of the copy of the recoded notice. (d) At Closing, Buyer shall pay and authorizes the Closing Agent to send to the King County health officer the necessary fee and a signed copy of the notice on title as set forth in King County Health Code Section 13.56.054.A. (e) Seller shall have the OSS inspected and, if necessary, pumped by an OSS service company at Seller's expense. Buyer shall have the right to observe the inspection. Seller shall provide Buyer with three (3) days notice of the date and time of the inspection. Within fourteen Buyer's Initia`^ seller's Initials seller's Initials Real Estate Purchase and Sale Agreement Page 6 of 11 (14) days of mutual acceptance, Seller shall provide Buyer with a copy of the inspection report. 14. SELLER'S INDEMNITIES: Seller agrees to indemnify and hold harmless the Buyer, against and in respect of, any and all damages, claims, losses, liabilities, judgments, demands, fees, obligations, assessments, and expenses and costs, including, without limitation, reasonable legal, accounting, consulting, engineering and other expenses which may be imposed upon or Incurred by Buyer, or asserted against Buyer, by any other party or parties (including, without 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. 15. 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. Buyer's Initia� Seller's Initials& Seller's Initials. Real Estate Purchase and Sale Agreement Page 7 of 11 (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. 16. NOTICE TO SELLER. This form contains provisions for an agreement for the purchase and sale of real estate. Buyer makes no warranty or representation of any kind that this form, or any of its provisions, is intended to meet the factual and legal requirements of a particular transaction, or that it accurately reflects the laws of the State of Washington at the time Seller enters into the Agreement. THIS AGREEMENT HAS SIGNIFICANT LEGAL AND FINANCIAL CONSEQUENCES. SELLER IS ADVISED TO SEEK INDEPENDENT LEGAL AND FINANCIAL COUNSEL REGARDING THESE CONSEQUENCES. 17. NON-MERGER. The terms, conditions, and provisions of this Agreement shall not be deemed merged into the deed, and shall survive the Closing and continue in full force and effect. 18. NOTICES. All notices required or permitted to be given hereunder shall be in writing and shall be sent U.S. certified mail, return receipt requested, or by facsimile transmission addressed as set forth below: (a) All notices to be given to Buyer shall be addressed as follows: Jeff Watling, Director Parks, Recreation & Community Services Department City of Kent 220 Fourth Avenue South Kent, WA 98032 Fax Number: (253) 856-6050 (b) All notices to be given to Seller shall be addressed as follows: Boyd & Linda Rockwell 12608 SE 2481h Street Kent, WA 98030 Buyer's Initialse- Seller's Initials//�JLi Seller's Initials Real Estate Purchase and Sale Agreement �� Page 8 of 11 (c) All notices to be given to Escrow Agent shall be addressed as follows: Old Republic Title & Escrow, Ltd. 24604 104" 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. 19. ENTIRE AGREEMENT. This Agreement, including all incorporated exhibits, constitutes the full understanding between Seller and Buyer. There have been no verbal or other agreements that modify this Agreement. 20. BINDING EFFECT AND SURVIVAL. This Agreement shall be binding upon parties hereto and their respective heirs, successors and assigns; and the terms, conditions and provisions of this Agreement shall survive the Closing of this transaction. 21. DATE OF MUTUAL ACCEPTANCE. For the purposes of this Agreement, the date of mutual acceptance of this Agreement shall be the last date on which the parties to this Agreement have executed this Agreement as indicated below. 22. EXPIRATION OF OFFER. Seller shall have only until 5:00 pm on the June 28, 2013, to accept the Agreement as written, by delivering a signed copy thereof to the Buyer or Buyer's agent. If Seller does not so deliver a signed copy within said period, this Agreement shall lapse and all right of the parties hereunder shall terminate. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set forth below. Buyer's InitiaX- Seller's Initials Seller's initials f� y Real Estate Purchase and Sale Agreement Page 9 of 11 S BUYER: CITY OF KENT By: Print a uzette Cooke Its ayor Dated: SELLER: Print Name: in7 n Aac / Dated: d —/`f- L By: Print Name: bu � d J . Zoc lcw�i�_ Dated: 9 Lle14 P\0v+l\Flies\0pen Files\1679-Rockwell Purchase&Sale Agreement\Rockwell PSA docc Buyer's Initials`� Seller's Initials Seller's Initlals ! 7 Real Estate Purchase and Sale Agreement Page 10 of 11 Exhibit A The land referred to Is situated in the County of Icing,City of Kent,State of Washington,and is described as follows: The West 132 feet of the South 330.92 feet of the West half of the Southeast quarter of the Southwest quarter of the Northeast quarter of Section 21,Township 22 North, Range 5 East, W.M., in King County,Washington, EXCEPT the South 30 feet thereof. SITUATE in the County of Irng,State of Washington ABBREVIATED LEGAL Portion of the Northeast quarter of Section 21,Township 22 North, Range 5 East,W.M. Tax Account No. 212205-9038-01 Seller's initials✓l �,�/7 Seller's Initials_�� Buyer's Initi��� V� Real Estate Purchase and Sale Agreement Page 11 of 11 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 '�'d.d Y '-'s L 15�5 zL , 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_X_ is/ is not occupying the property. I. SELLER'S DISCLOSURES- DATE: Q �a�aq 11 _�_ L�L SELLER: SELLER: ,— v �_ ` Seller's Disclosure Statement - Page 1 of 10 Improved *If you answer "Yes" to a question with an asterisk (*), please explain your answer and attach documents, if available and not otherwise publicly recorded. If necessary, use an attached sheet. 1. TITLE ] Yes [ ] No [ ] Don't know A. Do you have legal authority to sell the property? If no, please explain. [ ] Yes No [ ] Don't know *B. Is title to the property subject to any of the following? (1) First right of refusal (2) Option (3) Lease or rental agreement (4) Life estate? [ ] Yes No [ ] Don't know *C. Are there any encroachments, boundary agreements, or boundary disputes? [ ] Yes No [ ] Don't know *D. Is there a private road or easement agreement for access to the property? [ ] Yes No [ ] Don't know *E. Are there any rights-of-way, easements, or access limitations that may affect the Buyer's use of the property? [ ] Yes No [ ] Don't know *F. Are there any written agreements for joint maintenance of an easement or right-of-way? [ ] Yes No [ ] Don't know *G. Is there any study, survey project, or notice that would adversely affect the property? [ ] Yes j No [ ] Don't know *H. Are there any pending or existing assessments against the property? [ ] Yes No ( ] Don't know *I. Are there any zoning violations, nonconforming uses, or any unusual restrictions on the property that would affect future construction or remodeling? ( ] Yes No [ ] Don't know *J. 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: SELLER: % I! SELLER: X211 Seller's Disclosure Statement - Page 2 of 10 Improved 2. WATER A. Household Water (1) The source of water for the property is: [ ] Private or publicly owned water system [ ] Private well serving only the subject Property *M Other water system Yes [ ] No [ ] Don't know * If shared, are there any written agreements? [ ] Yes No [ ] Don't know *(2) 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? [ ] Yes [ ] 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 J No [ ] Don't know *(5) Are there any water treatment systems for the property? If yes, are they [ ] Leased [ ] Owned. [ ] Yes 'X] No [ ] 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 v/p (a) If yes, has the water right, permit, certificate, or claim been assigned, transferred, or changed? [ ] Yes [ ] No [ ] Don't know N! A (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)_ (7) Are there any defects in the operation of X /�U the water system (e.g. pipes, tank, pump, etc.)? (If yes, please explain) B. Irrigation Water [ ] Yes 4Q 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 knowN�� *,(,a�) If yes, has II or any portion of the DATE: l 2- SELLER: /% T/ i�> L/� SELLER:c6n4fi—oalr 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 PJIA *(b) If so, is the certificate available? (If yes, please attach a copy.) [ ] Yes [ ] No [ ] Don't know 1✓�� *(c) If so, has the water right permit, certificate, or claim been assigned, transferred, or changed? If so, explain: [ ] Yes pq 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 pQ No [ ] Don't know (1) Is there an outdoor sprinkler system for the property? [ ] Yes [ ] No [ ] Don't know A//)k *(2) If yes, are there any defects in the system? [ ] Yes [ ] No [ ] Don't know tl/ *(3) If yes, is the sprinkler system connected to irrigation water? 3. SEWER/SEPTIC SYSTEM A. The property is served by: [ ] Public sewer system bQ On-site sewage system (including pipes, tanks, drainfields, and all other component parts) [ ] Other disposal system, please describe: [ ] Yes [ ] No [ ] Don't know p!/ )Dr B. If public sewer system service is available to the property, is the house connected to the sewer main? If no, please explain. [ ] Yes 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- siite sewage system: DATE: SELLER: i�it2��G' /�4��SELLER: i�- Seller's Disclosure Statement - Page 4 of 10 / Improved [] Yes [] No N'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:7 —10 - d0/6/ [ ] Yes DCJ 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: [�Q Don't know (5) For how many bedrooms was the on-site sewage system approved? Bedrooms 41] 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: �] Yes [ ] No [ ] Don't know *F. Have there been any changes or repairs to the on-site sewage system? a(] 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 DJ 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. 4. STRUCTURAL Yes [ ] No [ ] Don't know *A. Has the roof leaked? [ ] Yes [ ] No [ ] Don't know *B. Has the basement flooded or leaked? Yes [ ] No [ ] Don't know *C. Have there been any conversions, additions, or remodeling? [ ] Yes [ ] No fA f2 Don't know *(1) If yes, were all building permits btai ed? DATE: !I v SELLER: SELLER: Seller's Disclosure Statement - Page 5 of 10 Improved [ ] Yes [ ] No Don't know *(2) If yes, were all final inspections obtained? Yes [ ] No [ ] Don't know D. Do you know the age of the house? If yes, year of original construction: 1/yt 7 [ ] Yes No [ ] 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 ❑ Exterior Walls ❑ Chimneys ❑ Interior Walls ❑ Fire Alarm ❑ Doors ❑ Windows ❑ Patio ❑ ceilings ❑ Slab Floors ❑ Drivewa s ❑ Pools ❑ Hot Tub ❑ Saunas ❑ Sidewalks ❑ Outbuildings ❑ Fireplaces ❑ Garage Floors ❑ Walkways ❑ Siding ❑ Other ❑ Wood Stoves [ ] Yes No [ ] Don't know *G. Was a structural pest or"whole house" inspection done? If yes, when and by whom was the inspection completed? j�] Yes [ ] No [ ] 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? [ ] Yes [ ] No [ ] Don't know /V/A J. Is the basement insulated? 5. 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 [}Q No [ ] Don't know • Electrical system, including wiring, switches, outlets, and service. [ ] Yes [j(] No [ ] Don't know • Plumbing system, including pipes, faucets, fixtures, and toilets. [ ] Yes No [ ] Don't know • Hot water tank [ ] Yes [ ] No [ ] Don't know NIA • Garbage disposal DATE: r D 2 SELLER: SELLER: Seller's Disclosure Statement - Page 6 of 10 I Improved [ ] Yes No [ ] Don't know • Appliances [ ] Yes [ ] No [ ] Don't know IVIA • Sump pump [ ] Yes [ ] No [ ] Don't know • Heating and cooling systems [ ] Yes [ ] No [ ] Don't know N/A • Security system [ ] Owned [ ] Leased [ ] Other *B. 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 j\lrlq Security system [ ] Yes [ ] No [ ] Don't know )VIII Tanks (type): [ ] Yes [ ] No [ ] Don't know N/) � Satellite dish ( [ ] Yes [ ] No [ ] Don't know (VIA Other: *C. Are any of the following kinds of wood burning appliances present at the property? [ ] Yes No [ ] Don't know (1) Woodstove? [ ] Yes No [ ] Don't know (2) Fireplace insert? [ ] Yes [y,] No [ ] Don't know (3) Pellet stove? [ ] Yes [] No [ ] Don't know (4) Fireplace? [ ] Yes [ ] No [ ] Don't know /v/ 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 [ ] Yes No [ ] 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: / Y SELLER:—Gie/�� SELLER: ZA Seller's Disclosure Statement - Page 7 of 10 Improved [ ] Yes [ ] No [ ] Don't know N/Q 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 water or drainage problems on the property that affect the property or access to the property? [ ] Yes bQ No [ ] Don't know *B. Does any part of the property contain fill dirt, waste or other fill material? [ ] Yes �J No [ ] Don't know *C. Is there any material damage to the property from fire, wind, floods, beach movements, earthquake, expansive soils, or landslides? [ ] Yes No [ ] Don't know D. Are there any shorelines, wetlands, floodplains, or critical areas on the property? [ ] Yes [ ] No [A Don't know *E. Are there any substances, materials, or products on the property that may be environmental concerns, such as asbestos, formaldehyde, radon gas, lead-based paint, fuel or chemical storage tanks, or contaminated soil or water? [ ] Yes ] No [ ] Don't know *F. Has the property been used for commercial or industrial purposes? [ ] Yes No [ ] Don't know *G. Is there any soil or groundwater contamination? [ ] Yes b(] 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 DQ No [ ] Don't know *I. Has the property been used as a legal or illegal dumping site? [ ] Yes Vq No [ ] Don't know *J. Has the property been used ddJas an illegal ref �r�mzturing site 1tmtrC.c, "/ DATE: � /� SELLER: � SELLER: .11 Seller's Disclosure Statement - Page 8 of 10 Improved [ ] Yes W 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, [ ] Yes [ ] No [ ] Don't know P/A *A. Did you make any alterations to the home? If yes, please describe the alterations: [ ] Yes [ ] No [ ] Don't know A(/)I *B. Did the previous owner make any alterations to the home? [ ] Yes [ ] No [ ] Don't know Nr A *C. If alterations were made, were permits or variances for theses alterations obtained? 9. FULL DISCLOSURE BY SELLERS A. Other conditions or defects: [ ] Yes [1 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: ��l SELLER: � �Ti 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 OTHER PARTY. DATE: r BUY z BUYER: BUYER'S WAIVER IGHT 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: SELLER: �Xs/�/D ��� SELLER: Seller's Disclosure Statement - Page 10 of 10 Improved Attachment to Seller's Disclosure Statement 2.A.(1) there is a written agreement with the City of Kent allowing use of the well on the neighboring property IF. a new drain field was put in April 2012 4.A. the current roof was put on about six years ago, and it has not leaked,however there was some leakage in the chimney. The previous roof was on for about 20 years and did not leak. 4.C. a pantry attached to the kitchen was converted into a bathroom about 1961. TA. now that the neighbors aren't grazing animals and their grass is growing tall, there is some standing water at the northeast corner of the property during early spring EXHIBIT C Order Number: 5207107623 SCHEDULE B Customer Reference: ROCKWELL I. 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 or who will make a loan on the land. We may then make additional requirements or exceptions. 4. Release(s) or Reconveyance(s) of appropriate 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. Page 3 of 8 Pages xx� OFMC 1616 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY � Uo Order Number: 5207107623 SCHEDULE B continued , Customer Reference: ROCKWELL II. 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: Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the Effective Date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 1. Encroachments, or questions of location, boundary and/or area which an accurate survey 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 for services, material, labor, and/or contributions to an employee benefit fund or State Workers'Compensation that is not disclosed by the public records. 5. Exceptions and reservations in United States patents, Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements and equitable servitudes. Water rights, claims or title to water. 6. Any service, installation or general connection charges for sewer, water, electricity, telephone, gas and/or garbage removal. 7. General taxes not now payable; special assessments and/or special levies, if any, that are not disclosed by the public records. 8. 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 Excise Tax Rate is: .0178. Confirm the current rate by contacting the following prior to closing: Name of Agency King County Records and Election Division, Excise Tax Department Telephone Number (206) 296-1843 g/n Page 4 of 8 Pages oRTIc 1618 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY ®� I Order Number: 5207107623 9. Deed of Trust to secure an indebtedness of the amount stated below and any other amounts payable under the terms thereof, Amount $91,000.00 Trustor/Borrower Boyd A. Rockwell, unmarried Trustee U.S. Bank Trust Company Beneficiary/Lender U.S. Bank, National Association, ND Dated February 26, 2010 Recorded March 11, 2010 in Official Records under Recording Number 20100311001068 NOTE: Said Deed of Trust appears to secure a Revolving Line or Equity Line of Credit. If this loan is to be paid off and reconveyed through this transaction, the Company will require a written statement from the Beneficiary/Lender that a freeze is in effect on the account, and that the demand for payoff from the Beneficiary/Lender states that a reconveyance will be issued upon payment of the amounts shown therein. 10. Deed of Trust to secure an indebtedness of the amount stated below and any other amounts payable under the terms thereof, Amount $71,429.00 Trustor/Borrower Boyd A. Rockwell and Linda Rockwell, husband and wife Trustee U.S. Bank Trust Company, National Association Beneficiary/Lender U.S. Bank, National Association Dated May 30, 2012 Recorded June 20, 2012 in Official Records under Recording Number 20120620000185 NOTE: Said Deed of Trust appears to secure a Revolving Line or Equity Line of Credit. If this loan is to be paid off and reconveyed through this transaction, the Company will require a written statement from the Beneficiary/Lender that a freeze is in effect on the account, and that the demand for payoff from the Beneficiary/Lender states that a reconveyance will be issued upon payment of the amounts shown therein. Page 5 of 8 Pages "6KR oRnc 1618 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY _ �ci✓�� Order Number: 5207107623 11. Terms and provisions as contained in an instrument, Recorded September 21, 1901 in Official Records under Recording Number 216187 Which, among other things, provides: Excepting and reserving unto the grantor, its successors and assigns, forever, all coal or iron upon or in said Lands, together with the use of such of the surface as may be necessary for exploring and mining or otherwise extracting and carrying away the same, but the grantor, its successors and assigns shall pay to the present legal owners, or to their heirs, successors or assigns, the market value at the time mining operations are commenced, of such portion of the surface as may be used for such operations, or injured thereby, including any improvements thereon. No examination has been made as to the present ownership or encumbrances of the reserved mineral estate. 12. Terms and provisions as contained in an instrument, Entitled Quit Claim Deed Recorded September 4, 1934 in Official Records under Recording Number 2817120 No examination has been made as to the present ownership or encumbrances of the reserved mineral estate. 13. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following For The right to make all necessary slopes for cuts and fills Recorded February 17, 1965 in Official Records under Recording Number 5845364 14. Terms and provisions as contained in an instrument, Entitled Ordinance No. 3447 Recorded October 12, 1999 in Official Records under Recording Number 19991012000148 Page 6 of 8 Pages ORTnc 1618 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Order Number: 5207107623 15. Title is to vest in persons not yet revealed, and when so vested will be subject to matters disclosed by a search of the records against their names. -------------------- Informational Notes ------------------- A. GENERAL TAXES, PLUS INTEREST AND PENALTY AFTER DELINQUENT; 1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1: Year 2012 Amount Billed $3,260 59 Amount Paid $3,260.59 Parcel No. 212205-9038-01 Levy Code 1519 Assessed Valuation Land $214,000.00 Improvements $14,000.00 B. NOTE: According to the public records, there have been no deeds conveying the property described in this report recorded within a period 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 in Official Records under Recording Number 2880768 C. Pursuant 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. D. 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. E. The applicable rate(s) for the policy(s) being offered by this report or commitment appears to be section(s) 3 and 29. Page 7 of 8 Pages ORTIC 1618 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY l Order Number: 5207107623 F. Short Term Rate ("SMI does not apply. G. NOTE: To help you avoid delays at closing, we would like to make you aware of our final recording run times, in which the recording documents leave our office. Documents must be delivered to our office at least 15 minutes prior to our last recording run for review and preparation. REGULAR RECORDINGS: King County: 2:00 p.m. Pierce County. 2:30 p.m. Snohomish County: 1:15 p.m. Monday through Thursday, 12:15 p.m. on Friday KING and SNOHOMISH COUNTY recordings are processed out of our Lynnwood Office at: 19020 33rd Ave. W., Suite 360, Lynnwood, WA 98036 PIERCE COUNTY recordings are processed out of our University Place Office at: 6721 Regents Blvd., Suite A, University Place, WA 98466 E-RECORDINGS: King County: Non-Excise Only, 3:25 p.m. Pierce County: Non-Excise Only, 3:45 p.m. Snohomish County: Both Excise and Non-Excise 3:30 p.m. Monday through Thursday 3:00 p.m. Friday NOTE: There is an additional $5.00 per document charge when E-Recording. When E- Recording Excise Transactions (available in Snohomish County only at this time), checks must be included in your recording package and made payable to: Old Republic Title, Ltd. H. NOTE: The CLTA 116 may describe the improvements as a Single Family Residence known as 12608 Southeast 248th Street, Kent, WA 98030. dr/RMK Page 8 of 8 Pages ORTIC 1618 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY �fj Kent City Council Minutes February 19, 2013 Councilmember Perry moved to adopt Resolution No. 1873 supporting the Medic One/Emergency Medical Service Levy, confirming the city of Kent's support of the levy, seconded by Councilmember Albertson. Motion carried 5- 0. REPORTS A. Council President. No report was given. B. Mayor. Mayor Cooke noted that she forwarded a letter concerning increases in F' taxes. She added that she executed a letter to the legislature concerning SR 167 expansion, 405 improvements, and SR 509. C. Administration. Chief Administration Officer John Hodgson announced that the executive session would be fifteen minutes to discuss property negotiations with action following. D. Economic & Community Development Committee. No report was given. E. Operations Committee. No report was given. F. Parks and Human Services Committee. Councilmember Ranniger next meeting will be February 21 in Council Chambers. G. Public Safety Committee. No report was given. t H. Public Works Committee. Councilmember Albertson noted that the next meeting is March 4 and March 18. I. Regional Fire Authority. No report was given. z EXECUTIVE SESSION At 7:40 p.m., Mayor Cooke announced that the Council would recess into an Executive Session for twenty minutes to discuss property acquisition, per RCW 42.30.110(1)(b). At 8:00 p.m., the Executive Session concluded and the regular meeting reconvened. Chief Administrator Hodgson discussed the property and stated that is about 160 acres of park land. He noted that the City has acquired 120 of the acres and the rest will be paid by 100% grants. There will be zero City funds utilized. Councilmember Ranniger moved to authorize the Mayor to sign all necessary documents to complete the purchase of park property consisting of approximately .9 acres to be added to the Clark Lake Park from Boyd and Linda Rockwell in an approximate amount of $190,000, subject to approval 5 Kent City Council Minutes February 19, 2013 of final terms and conditions from the City Attorney and Parks and Human Services Director, seconded by Councilmember Albertson. Motion carried 5-0. ADJOURNMENT The meeting adjourned at 8:02 p.m. Ronald F. Moore, MMC City Clerk g# E 6 REQUEST FOR MAYOR'S SIGNATURE N - KENT Please Fill in All Applicable Boxes Reviewed by Director Originator's game: Brian Levenha en Dept/Div. Parks Planning & Dev. Extension: 5116 Date Sent: &�a/13 Date Required: 4/17/13 Return to. /Ten P. x5101 CONTRACT TERMINATION DATE: VENDOR: Boyd and Linda Rockwell DATE OF COUNCIL APPROVAL: 2/19/13 ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable Fdnef Explanation of Document: The attached agreement is for the purchase property from Boyd and Linda Rockwell. The approximately .9 acres will be added to the Clark Lake Assemblage. The $190,000.00 purchase price is completely financed through Recreation and Conservation Office grant funds and King County Conservation Futures grant funds. A r f All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received: Approval of Law Dept.. �r`llr: g 3 e Law Dept. Comments: Date Forwarded to Mayor. Shaded Areas To Be Completed By Administratiof Received: APR 3 u 2013 Recommendations and Comments: CiT'OF KENT ��� CITY CLERK Disposition: F%171��! �a ��'�--- � I Date Returned: —,