Loading...
HomeMy WebLinkAboutPW12-282 - Other - First American Title Insurance Company - Final Escrow Documents for McSorley Creek Wetland Area - 12/27/2012 First American Title Insurance Company First American 555 S Renton Village Place#760•Renton,WA 98057 Buyer's Settlement Statement Property: To Be Determined,Kent, WA File No: PAK-667630 Officer: Cheri Bakos/clb New Loan No: Estimated Settlement Date: Disbursement Date: Print Date: 12/24/2012, 8 39 AM Buyer: City of Kent Address: 220 4th Avenue South, Kent, WA 98032-5895 Seller: Midway Sand& Gravel Company, K C C Associates Address: To Be Determined, Kent, WA Charge Description Buyer Char a Buyer Credit Consideration: Total Consideration 307,500 00 Deposits in Escrow_:_ Receipt No 42111 1970 on 12/07/2012 by City of Kent 10,000 00 - - -- - -- - - - - - -- -------- ----- -- Adjustments: 2012 taxes paid by seller 7,671 72 1 Title/Escrow Charges to: Work Charge to First American Title Insurance Company POC-B$492 75 $450 00 Sales Tax S42 75 Escrow,/Closing Fee to First American Title Insurance Company$1,510 00 Sales Tax $143 45 1,653 45 Policy %UA Ownei s-2006 STD to First American Title I SLIanCC Company $732 99 Sales Tax 80262 $69 63 Record Warranty Deed-First to First American Title Insurance Company 10000 _ - - - =--- — - ---- Record Po-wer of Attorney 78 00 Re_cord Power of Attorney _ _ _74 00 Excise Tax to King County Treasurer 5,47850 Cash(X From)( To)Borrower 313,358 29 Totals 323,158 29 323,358 29 Buyer(S): City of Kent, A Washington Municipal Corporate shington corpo ion By S ett Coo e, Mayor First American Title Insurance Comoanv •».,, F9rstAmencan Tit/e Insurance Company First America r 555 S Renton village Place#760 w Renton,WA 98057 Phn- (425)873-1700 Fax- (866)360-4596 DISCLOSURES TO THE PARTIES UNDER APR 12 Dated: December 20, 2012 File No.: PAK-667630 (clb) IN ACCORDANCE WITH THE REQUIREMENTS OF A.P.R. 12 OF THE SUPREME COURT OF THE STATE OF WAS INGTON, FIRST AMERICAN TITLE INSURANCE COMPANY AND THE CLOSING OFFICER SPECIFIED BELOW HAVE THE DUTY TO INFORM YOU OF THE FOLLOWING: The Closing Officer is not acting as the advocate or representative of either of the parties; The Closing Officer will prepare documents which affect the legal rights of both parties; The parties may have differing interest in the documents; The parties have the right to be represented by lawyers of their own selection and each party may have a separate lawyer; The Closing Officer cannot give legal advice to the parties concerning the manner in which the documents affect those parties. The Closing Officer is only permitted to select and complete documents which have been approved by the Limited Practice Bc and in accordance with a written Purchase and Sales Agreement which contains all of the basic terms of the transa ion. The Closing Officer Is not permitted to negotiate terms which are not included in the written Purchase and Sales Agreement. The Closing Officer is not permitted to practice law. In this transaction your Closing Officer is: Cheri Bakos FIRST AM RICAN TITLE INSURANCE COMPANY By: Cheri Bakos, LPO #2854 Please acknowledge receipt of the foregoing Notice of Compliance with A.P.R.12 and that you have read the same by signing your name(s) to the copy of this Notice on the signature line(s) below. (If such Notice has been hand delivered or mailed to you, please return the copy of the Notice showing your signature(s) in the enclosed, self addressed envelope.) We will be unable to continue with the closing until we have received the signed Notice from you. I have rec�ived and read a copy of the Disclosure, and understand its contents this day of 20 City of Kent, A Washington Municipal Corporator, a Washington corporation y S ette ooke, Mayor Midway Sa d & Gravel Company, A PartnersNp .r By Merle Belles, Partner By. Leonarc Romano, Partner B Robert Romano, Partner i By- June Romano, Partner By Steve Kaufer, Personal Representative of the Beverly Kaufer estate, Partner B Keith LF Favor Partner K. C Assc Gates, A Partnership By Melvin L. Kleweno, Partner B Judy Kleweno, Partner By Keelin A Curran, as attorney in fact for Charles P Curran, Partner By- Maureen J Curran, as attorney in fact for Mabel Curran, Partner LPB 10-05 •••., First American Title Insurance Company First American 555 S Renton Village Place#750 Renton,WA 98057 Phn- (425)873-1700 Fax- (866)36D-4596 ATTACHMENT TO DISCLOSURES TO THE PARTIES UNDER APR 12 Date: 12/Sb/2012 File No.: PAK-667630 (clb) THE FOLLO VVING DOCUMENTS INITIALED HAVE BEEN SELECTED AND PREPARED BY THE LIMITED PRACTICE OFFICER. X EXCISE TAX AFFIDAVIT SUPPLEMENTAL EXCISE TAX AFFIDAVIT X LPB 10 STATUTORY WARRANTY DEED LPB 11 STATUTORY WARRANTY DEED (FULFILLMENT OF REC) LPB 12 QUIT CLAIM DEED LPB 13 SELLER'S ASSIGNMENT OF CONTRACT AND DEED LPB 14 PURCHASER'S ASSIGNMENT OF CONTRACT AND DEED LPB 15 BARGAIN AND SALE DEED LPB 16-09 SPECIAL WARRANTY DEED LPB 20 DEED OF TRUST(SHORT FORM) LPB 21 ASSIGNMENT OF DEED OF TRUST LPB 22 DEED OF TRUST(LONG FORM) LPB 22A DEED OF TRUST LPB 23 REQUEST FOR FULL RECONVEYANCE LPB 24 REQUEST FOR PARTIAL RECONVEYANCE LPB 28A PROMISSORY NOTE LPB 29 REQUEST FOR NOTICE LPB 30 BILL OF SALE LPB 35 SUBORDINATION AGREEMENT LPB 44 REAL ESTATE CONTRACT (SHORT FORM) LPB 45 REAL ESTATE CONTRACT(LONG FORM) LPB 50 MORTGAGE (STATUTORY FORM) LPB 51 SATISFACTION OF MORTGAGE LPB 52 PARTIAL RELEASE OF MORTGAGE LPB 60 RELEASE OF LIEN LPB 61 PARTIAL RELEASE OF LIEN LPB 62 SATISFACTION OF JUDGMENT INITIALS: +, First American Title Insuranre Company .Y First American 555 5 Renton Village Place#760 I' L Renton,WA 98057 Phn- (425)B73-1700 Fax- (866)360-4596 ATTACHMENT TO DISCLOSURES TO THE PARTIES UNDER APR 12 continued Date: December 10, 2012 File No.: PAK-667630 (clb LPB 63 PARTIAL RELEASE OF JUDGMENT LPB 64 WAIVER OF LIEN LPB 65 PARTIAL WAIVER OF LIEN LPB 70 SPECIAL POWER OF ATTORNEY (SALE) LPB 71 SPECIAL POWER OF ATTORNEY (PURCHASE/ENCUMBER) LPB 72S CONSUMER USE TAX RETURN (DEPARTMENT OF REVENUE) LPB 72 USE TAX RETURN LPB 73 PERSON PROPERTY SECURITY AGREEMENT AUDITOR'S COVER SHEET UCC UCC UCC DEPARTMENT OF LICENSING FORMS LENDER LOAN DOCUMENTS THAT ARE APPROVED AND DESIGNED FOR USE BY THE SECONDARY MORTGAGE MARKET INCLUDING NOTES, DEEDS OF TRUST AND RIDERS, ASSIGNMENT OF MORTGAGE, ASSIGNMENT OF REVERSE ACCOUNT FUNDS. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT DOCUMENTS. THE LIMITED PRACTICE OFFICER DID NOT PREPARE TRUTH-IN- LENDING DISCLOSURE. FMHA LOAN DOCUMENTS INITIALS: FirstAffmman 776e rheurance Company t' first America 555 5 Renton Village Place#760 ( Renton,WA 98057 Phn- (425)873-1700 Fax- (866)360-4596 ESCROW INSTRUCTIONS VACANT LAND To: First American Title Insurance Company Commitment File No: PAK-667630 (clb) 555 Renton Village Place #760 Commitment Date: December 23, 2011 Renton, WA 98057 Escrow Officer: Cheri Bakos First American Title Insurance Company as Escrowee, is hereby Instructed by the Seller and the Buyer named herein to act as an Independent third party in closing this transaction. In so doing, Escrowee has or will select, prepare and complete certain instruments or documents, which may substantially affect your legal rights. If you have any uestions regarding such documents or instruments, or your rights, you should consult an attorney of your choi e, and First American Title Insurance Company recommends that you do so prior to signing such document3 or instruments. I(We) fulllir understand that First American Title Insurance Company is not licensed to practice law and that neither it or any of its employees are permitted to offer legal advice of any nature, nor have they done so, nor may they advise as to the merits of a transaction or the manner in which I(We) should hold title. Escrowee has been handed a copy of the Purchase and Sale Agreement or such other documents and any Addenclunis, as constitute the Agreement to sell and purchase this property. Acting in accordance therewith, Escrowee is directed to close the transaction, and shall perform said closing in accordance with the following Instructor s. In the event there is a variance between the terms of the Purchase and Sale Agreement and the final terms of the sale a evidenced by the documents delivered under these or other instructions, and the closing statements agreed to by the parties, closing shall be in accordance with such documents, instructions and closing statements All principals to this escrow acknowledge and agree that all terms and conditions of that certain Purchase and Sale Agreement dated 12/5/2012, and all Addendums thereto, have been met, waived, or satisfied, or will be resolved outside of escrow and Escrowee shall not be responsible for same, and they are no longer to be considered as conditions to this closing. BUYER AND SELLER ACKNOWLEDGE THAT SELLERS DISCLOSURE STATEME T AS REQUIRED UNDER TITLE 64 RCW WILL BE DELIVERED OR WAIVED OUTSIDE OF ESCROW AND IS NOT TO BE CONSIDERED A CONDITION OF CLOSING. SELLER(S) HEREIN DEPOSIT WITH YOU THE FOLLOWING: [ x ] Warranty Deed [ x ] Excise Tax Affidavit [ ] Bill of Sale [ ] Real Estate Contract (to be jointly executed by Buyer) [ ] Deed In fulfillment of said Contract(To be returned to seller's possession on dosing) [ ] Additional Documents: executed y and between the following: MIDWAY SAND & GRAVEL COMPANY, a partnership and K.C.C. ASSOCIATES, a partnership, to City of Kent, a municipal corporation, which cover the premises fully described in the above referenced preliminary commitment for title insurance (the "Commitment"), which documents) you are instructed to record, file, release and/or deliver when you have all necessary funds and/or other cloct merits as follows: Page 1 of 6 First American Title Insurance Company File No.: PAK-667630 (clb) Date: December 20, 2012 In accordance with Purchase and Sale agreement dated 12/5/2012 Seller warrants to Escrowee that if Seller is an individual, Seller is not a non-resident alien for purposes of U.S. income taxation, or if Seller is a corporation, partnership, trust or estate, Seller is not a foreign entity. THE FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT OF 1980 AS AMENDED BY THE TAX REFORM ACT OF 1984 PLACES SPECIAL REQUIREMENTS FOR TAX REPORTING AND WITHHOLDING ON THE PARTIES TO A REAL ESTATE TRANSACTION WHERE THE TRANSFEROR (SELLER) IS A NON-RESIDENT ALIEN OR NON-DOMESTIC CORPORATION OR PARTNERSHIP OR IS A DOMESTIC CORPORATION OR PARTNERSHIP CONTROLLED BY i RESIDENT OR NON-RESIDENT CORPORATIONS OR PARTNERSHIPS. IT IS UNDERSTOOD AND ACKNOWLEDGED BY THE UNDERSIGNED THAT FIRST AMERICAN TITLE INSURANCE COMPANY AND ITS ESCROW CR CLOSING OFFICER WILL NOT TAKE AN ACTIVE ROLE IN EITHER THE DETERMINATION OF THE NON-ALIEN STATUS OF THE SELLER TRANSFEROR OR THE WITHHOLDING OF ANY FUNDS AND THAT FIRST AMERICAN TITLE INSURANCE COMPANY AND ITS CLOSING OFFICER MAKE NO REPRESENTATIONS AND THAT PARTIES TO THIS TRANSACTION ARE SEEKING AN ATTORNEY'S, ACCOUNTANT'S OR OTHER TAX SPECIALISTS OPINIONS CONCERNING THE EFFECT OF THIS ACT ON THIS TRANSACTION AND ARE NOT ACTING ON ANY STATEMENTS MADE OR OMITTED BY THE ESCROW OR CLOSING OFFICER. Buyer herein has deposited $10,000.00, in U.S. funds as Earnest Money with First American Title Insurance Co.; and hands you herewith, and/or through their lender will deliver to Escrowee, funds sufficient to close. Buyer further hands you, or will cause to be delivered to you, such documents as may be required of them to close this nnsaction. You are instructed to disburse or pay out said funds when you have recorded the necessary conveying document and/or such other documents as required by this transaction, and can cause to be issued a policy of title insurance as called for in the Purchase and Sale Agreement, and as may be required by the lender, ins ring title in (if by Deed) or an interest in (if by Contract), the named Buyer(s), free from encumbrance other than matters attaching by, through or under the Buyer(s), and the following paragraph(s) as set forth in the Commi ment, which paragraph(s) is/are numbered as 5-18 in the Commitment. Said policy is to further contain those insuring clauses, exceptions, exclusions, provisions and stipulations customarily contained in the printed provisions of such policy or policies. Buyer and Seller acknowledge receipt of a copy of the Commitment and have agreed to the matters to remain, and have xamined the legal description contained therein and acknowledge the same to be a full and correct description of the real property that is the subject of this transaction. Sellers au orize deduction and payment of all encumbrances except those to be excepted from coverage in the title insura ce policy and to pay all other disbursements and charge as itemized on the estimated closing statement and/or HUD Settlement Statement (the "Closing Statement"), which Seller signs contemporaneously herewith. If there 4e underlying encumbrances being paid off which require the obtaining of a Fulfillment Deed, Reconveyahce, Release or Satisfaction, you are instructed to pay the demand of the appropriate party and obtain and records, such a document. Sellers approve payment of the amount of the demand, including interest and/or penalties a late charges, as shown on the Closing Statement, even if Escrowee has not been able to obtain written verfication of the amount claimed as due. Sellers authorize deduction and/or agree to pay forthwith any difference that may result if the final written demand is higher than that shown on the Closing Statement. The undersigne J acknowledge that the payoff figures on existing encumbrances may accrue daily interest and are not to be consi ered to be paid in full until received by the party entitled thereto and that interest will be paid to the date of an icipated receipt of funds by the entitled party. Parties hereto authorize Escrowee to transmit all documents payoffs, checks, letters and all communication by regular service through the U.S, mails, and if said items are eposited in the U.S. Mad system a minimum of five (5) working days before any deadline, Escrowee shall be r lieved and discharged of any and all liability, and the obligated principal shall indemnify Escrowee Page 2 of 6 First Amen an Title Insurance Company File No.: PAK-667630 (cib) Date: December 20, 2012 against an� and all claims resulting therefrom, and if additional funds are needed to satisfy these claims, the obligated principal shall deposit same forthwith. Buyers authorize payment of those charges and adjustments as itemized on the Closing Statement, which Buyer signs contemporaneously herewith. It is understood and agreed that any Closing Statement is subject to final adjustment and audit, and may be amended to reflect actual charges and adjustments at time of closing. If any monetary error is discovered, the principal liable therefor will forthwith pay into escrow for disbursement such amounts as may be necessary. All pro-rate ig is to be done as of Recording of Documents, on the basis of a 365-day year. Pro-rate taxes based on the latest available tax figures. THIS IS A VACANT LAND WITH NO IMPROVEMENTS. COVERAGE OF THE SUBJECT PROPERTY WITH LIABILITY OR ANY OTHER TYPE OF HAZARD INSURANCE IS THE SOLE RESPONSIBILITY OF THE BUYER AND ESCROWEE IS RELIEVED OF ANY RESPONSIBILITY OR OBLIGATION IN CONNECTI N THEREWITH. GENERAL PROVISIONS 1. Neither the matter of possession of the property nor the condition thereof or suitability for its intended use shall be it any way an obligation of the Escrowee. Seller(s) warrant that all Homeowners Association dues and/or assessments are paid to date and no delinquencies exist. Buyer(s) assume responsibility for all subsequent dues and/or assessments. Buyer and Seller acknowledge that Seller is responsible for the liens set forth in R.C.W. 35.12.290, 35.67.200; 36.36.045; 36,89.090; 36.94.150; 56.16.100; 57.08.080 or 87.03.445. In accordance with R C W 60.90, Seiler may request that Escrow Holder administer disbursement of closing funds necessary o satisfy the unpaid charges set forth above. Escrow Holder is not liable if the Escrow Holder's refusal to comply is based on the Seller's inaccurate or incomplete identification of utilities providing service to the property o if a utility company fails to provide an estimated or actual final billing, or written extension of the per diem rate r if disbursement of closing funds necessary to satisfy unpaid charge would violate R.C.W. 18,44.070. A fee may be charged for performing the services described herein above. 2. You are authorized to fill in the date of close of escrow and such other necessary dates on any documents which require same to correct any typing or scriveners errors on any document delivered into escrow. Date of closing means the date on which instruments referred to herein are recorded. Recording any instrument delivered into this escrow, if necessary or proper in the issuance of policies of title insurance called for, is hereby authorized 3. All disbursements shall be in U.S. funds and shall be by Escrowee's check, or by wire transfer. Escrow funds will be placed in an escrow account which will pay no interest to depositor unless specifically requested. Parties hereto understand and agree that all funds delivered into escrow are subject to immediate deposit, and that all checks must clear and be credited to Escrowee's trust account as good and sufficient U.S, funds before closing can be co pleted. Any delay in clearing deposits will delay closing. 4. In the 'event this escrow fads to close, a sum sufficient to pay title commitment and escrow cancellation charges shall be paid, and as appropnate, may be deducted from funds held. 5. The compliance with ordinances required by any governing bodies including City or County Short Plan (Subdivision) ordinances will be the responsibility of the necessary principal parties herein and escrow is relieved of all liability in connection therewith. Any and all charges for building permits or assessed charges in connection therewith Will be handled outside of escrow. It is understood and agreed that upon application for a Building Permit, it ay be necessary to pay certain charges for tap and/or service connections, or certain charges for or in lieu of assessments, for which neither Escrowee nor its employees shall be liable or responsible. 6. You are to furnish a copy of these instructions, amendments thereto, closing statements and/or any other document; deposited In this escrow to the lender or lenders, the real estate broker or brokers and/or the attorney or attorneys involved in this transaction upon request of such parties. Page 3 of 6 First American Title Insurance Company File No.: PAK-667630 (clb) Date: December 20, 2012 7. In the a ent any dispute shall arise involving a party to this escrow concerning the property covered by these instruction , or in the event conflicting demands or claims are made with respect to this escrow or the rights of any of the 'parties hereto, it is expressly agreed that Escrowee shall have the absolute right, at its election, to do any, or all of the following: Withhold and stop all further proceedings in performance of this escrow; file suit in mterpleader and obtain an order from the court requiring the parties to interplead and litigate their claims and rights amo g themselves; or issue a check to either Seller or Buyer made payable jointly to Seller and Buyer in the amount of the sums in dispute. In the event an interpleader suit is brought, Escrowee shall be immediately fully releas d and discharged from all obligations to further perform any and all duties or obligations imposed upon it in this escrow. Buyer agrees jointly and severally with Seller to pay Escrowee all costs, damages, judgments and expenses suffered, expended or incurred by Escrowee in connection with or arising out of this escrow, including, but not limited to, reasonable attorneys fees. 6. Any add tional instructions given to the Escrowee herein shall be presented in writing. Buyer and Seller further understanc that contemporaneously herewith there may be instructions by third parties which are necessary for the completion of this escrow and are, therefore, made a part hereof; namely, such instructions as may be received from a lender, grantor, vendor, or others, affecting the property which is the subject of this escrow. 9. These escrow instructions, and amendments hereto, may be executed in one or more counterparts, each of which inde endently shall have the same effect as if it were the original, and all of which taken together shall constitute one and the same instruction. 10. We have been afforded adequate time and opportunity to read, understand and approve these Escrow Instruction 3 and all documents referred to herein. 11. The parties hereto authorize you to destroy these instructions and all records of this escrow, regardless of date of same, at any time after seven (7) years from the date of these instructions without liability on your part, or need of further notice to or from us. 12. Internal Revenue Code Section 6109(h) imposes requirements for furnishing, disclosing, and including taxpayer identification number in tax returns on the parties to a residential real estate transaction involving Seller-provded financing. The parties understand that the disclosure reporting requirements are exclusive obligations between the parties to this transaction and that First American Title Insurance Company is not obligated tD transmit the taxpayer identification numbers to the Internal Revenue Service or to the parties. First American ritle Insurance Company is not rendering an opinion concerning the effect of this law on the transaction, and the parties are not acting on any statements made or omitted by the escrow or closing officer. To facilitat compliance with this law, the parties to this escrow hereby authorize First American Title Insurance Company to release any party's taxpayer identification number to any requesting party who is a party to this transaction. The requesting part shall deliver a written request to escrow. The parties hereto waive all rights confidentiality regarding their respective taxpayer identification numbers and agree to hold First American Title Insurance Company harmless against any fees, costs, or judgments incurred and/or awarded in connection with the release of taxpayer identification numbers ADDMO14AL INSTRUCTIONS: Subject to the provisions of Paragraph No. 7 of the GENERAL PROVISIONS herein, these instructions shall be irrevocable by the undersigned for a period of thirty (30) days from the date of last execution hereof and shall be performed within said period or thereafter until written demand is made upon you for the cancellation thereof. Buyer shal pay one-half the scheduled escrow fee, unless this sale is FHA or VA financed, in which case it shall be paid ac ording to FHA or VA regulations. Seller may pay one-half the scheduled escrow fee, but shall be entitled to any builder's discount offered by the escrow agent or title insurer, which may result in Seller paying a lower escrow fee than Buyer. Page 4 of 6 First American Title Insurance Company File No.: PAK-667630 (clb) Date December 20, 2012 Dated the day of 20_ SELLERS ,. Midway Sand & Gravel Company, A K C.C, Associates, A Partnership Partnership By: Melvin L. Kleweno, Partner By. Merle Bellis, Partner By- Judy Kleweno, Partner By: Leonard Romano, Partner By: Charles P. Curran, Partner By: Robert Romano, Partner By Mabel Curran, Partner By: June Romano, Partner By Ste we Kaufer, Partner By Keith LeFavor, Partner Address: , Telephone (206)824-0320 Sellers Ins ructions received this day of 20 at o'clock. PROCEED CHECK: [ ] Picked up by Sellers [ ] Call When Ready [ ] Mailed to Sellers (Give new address if available) 602 South 227th Street #307N Des Manes, WA 98198 Dated the day of 120 Page 5 of 6 First Amer can Title Insurance Company File No.: PAK-667630 (clb) Date, December 20, 2012 BUYERS): City of Kent, A Washington Municipal Corporation, a Washington corporation Zes S e #e ooke, Mayor s: 220 4th Avenue South, Kent,WA 98032-5895 Telephon : Page 6 cf 6 Revenue Woshmgton stole REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt PLEASE TYPE OR PRINT CHAPTER 82 45 RCW-CHAPTER 458-61 A WAC when stamped by cashier THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETED (See back of last page for instructions) Check box if partial sale of propertty If multiple owners,list percentage of ownership next to name Name MIDWAY SAND&GRAVEL COMPANY,a Name City of Kent,a municipal corporation partnership and K.C.C.ASSOCIATES,a partnership a w Mailing Address 602 South 227th Street#307N W ,�� Maulting Address 220 4th Avenue South City/State/Zip Des Moines,WA 98198 m City/State/Zip Kent,WA 98032-5895 Phone No (me udmg area code) Phone No (including area code) Send all pioperty ex correspondence to F—X1 Same as Buyer/Grantee List all real and personal property tax panel account List assessed value(s) nambeis-check box if personal pioperty \ame 282204-9180-01 n 126,000.00 Mailing Address _282204-9017-00 117,000.00 City/State Zip 768280-0085-01 n Phone No (mcludmE area code) 1452 © Street address c if property Kent,WA This property u located in Kent Check bo if any of the listed parcels are being segregated from another parcel,are part of a boundary line adjustment or parcels being merged Legal descripi on of property(if more space is needed,you may attach a separate sheet to each page of the affidavit) See exhibit"A' attached hereto for legal description Select Land Use Code(s) List all personal property(tangible and intangible)included in selling 11 puce enter any addn onal codes (See back of last page of instructions) YES NO Is this property exec ipt from property lax per chapter 84 36 RCW(non prc fit organization)? ff— YES NO Tf claiming an exemption,list WAC number and reason for exemption Is this property designated as forest land per chapter 84 33 RCWIFI 0 Is this piopetty classified as current use(open space,farm and ❑X WAC No,(Section/Subsection) agricultural,or timber)land per Chapter 84 349 Is this property receiving special valuation as historical property �X Reason for exemption perChapier9426R W9 If any answers are yes,complete as instructed below, (1)NOI ICE OF CONTINUANCE(FOREST LAND OR CURRENT USE) Type of Document Statutory Warranty Deed NEW OWNER(S) To continue the current designation as forest land or classification as curr nt use(open space,farm and agriculture,or timber)land,you Date of Document December 20, 2012 most sign on (3) b low The e,ounly assessor must then determine if the land transferred continues to qualify and will indicate by signing below If the land no Gross Selling Price S 307,500.00 longer qualifies or you do not wish to continue the designation or classification,it *Personal Property(deduct) S will be removed and the compensating or additional taxes will be due and payable Exemption Claimed(deduct) $ by the seller or transferor at the time of sale (RCW 84 33 14D or RCW Taxable Selling Price S 307,500.00 84 34 108) Prior to igning(3)below,you may contact your local t,ounly assessor for more information Excise Tax State S 3,936.00 This land Fdoes 17 does not qualify for continuance Local $ 1,537.50 *Delinquent Interest State $ DEP Y ASSESSOR DATE Local S (2)NOT](E OF COMPLIANCE(HISTORIC PROPERTY) *Delinquent Penalty S NEW OWNER(S) 10 Continue special valuation as historic property,sign(3) below If the new o er(s)do not wish to continue,all additional tax calculated Subtotal S 5,473.50 pursuant to chapter 8126 RCW,shall be due and payable by the seller or transferor *State Technology Fee $ 5.00 at the time of sale "Affidavit Proct_ssing Fee $ (3)OWNER(S)SIGNATURE Total Due S 5,478.50 PRINT NAME A MINIMUM OF$10 00IS DUE IN FEE(S)AND/OR TAX *SEE INSTRUCTIONS EXHIBIT A LEGAL DESCRIPTION: Real property in the County of King, State of Washington, described as foil Ws: pA CEL A: Th i south half of the west half of the northwest quarter of the southeast quarter of Se tion 28,Township 22 North, Range 4 East, W.M., in King County, Washington. PA RCEL B: Tr cts 21, 22, 29, 30,31, 32, 47 and the east 16 feet of the west 33 feet of Tract 45, Se oma Hi-Way Tracts, according to the plat thereof recorded in Volume 37 of Plats, pa a 42, in King County, Washington. TOGETHER WITH that portion of vacated South 268th Street adjoining Tracts 21, 22, 31L 32, 29 and 30. PARCEL C: The east three fourths of the south half of the southwest quarter of the northeast quarter of Section 28,Township 22 North, Range 4 East, W.M., in King County, Washington; E CEPT the west 100 feet thereof; T GETHER WITH an easement for ingress and egress over the north 30 feet of the east 130 feet of the following parcel: The west quarter of the west 100 feet of the east three fourths of the south half of said southwest quarter of the northeast quarter. i AFTER RECORDING MAIL TO: City of Kent Acce 220 4th Avenue South d Approved Kent, WA 98032-5895 ate Filed for Record at Request of Space above this Nne%r Recorders use OW Fir t American TiNe Insurance Company STATUTORY WARRANTY DEED Fil No: PAK-667630 (clb) Date: December 20, 2012 Gr ntor(s}: Midway Sand & Gravel Company and K.C.C. Associates Gr ntee(s): City of Kent Ab reviated Legal Ptn Sec 28 Twp 22N Rge 4E NW Qtr SE Qtr&SW Qtr NE Qtr;Tracts 21',& 22, 29-32, 47 &Ptn Tract 45, Secoma Hi-Way Tracts,Vol. 37, P. 42, King County Additional Legal on page: Assessor's Tax Parcel No(s): 282204-9180-01 and 282204-9017-00 and 768280-0085-01 and 768280-0125-03 and 768280-0135-01 and 768280-0205-06 and 768280-0215-04 THE GRANTOR(S) MIDWAY SAND & GRAVEL COMPANY, a partnership and K.C.C. ASSOCIATES, a partnership for and in consideration of Ten Dollars and other Good and Valuable Consideration, in hand paid, conveys, and warrants to City of Kent, a municipal corporation, the following described real estate, situated in the County of King, State of Washington. LEGAL DESCRIPTION: Real property in the County of King, State of Washington, described as foil ows: PARCEL A: Thee south half of the west half of the northwest quarter of the southeast quarter of Section 28, Township 22 North, Range 4 East, W.M., in King County, Washington. PARCEL B: Trots 21, 22, 29, 30, 31, 32, 47 and the east 16 feet of the west 33 feet of Tract 45, Secoma Hi-Way Tracts, according to the plat thereof recorded in Volume 37 of Plats, pale 42, in King County, Washington. TQGETHER WITH that portion of vacated South 268th Street adjoining Tracts 21, 22, 3]i1 32, 29 and 30. Page 1- of 14 LPB 10-05 AP : 282204-9180-01 Statutory Warranty Deed File No., PAK-667630(cib) -continued PARCEL C: The east three fourths of the south half of the southwest quarter of the northeast qu rter of Section 28,Township 22 North, Range 4 East, W.M., in King County, Wi ishington; EX CEPT the west 100 feet thereof; TIOGETHER WITH an easement for ingress and egress over the north 30 feet of the east 130 feet of the following parcel: The west quarter of the west 100 feet of the east three fourths of the south half of said so Lithwest quarter of the northeast quarter. Subject To: This conveyance is subject to covenants, conditions, restrictions and easements, if any, affecting title, which may appear in the public record, including those shown on any recorded plat or survey. Page 2 of 14 LPB 10-05 APN 282204-9180-01 Statutory Warranty Deed File No PAK-667630(clb) -continued Midway Sand & Gravel Company, A Partnership By Merle Bellis, Partner By Merle Belles, as Attorney in fact for Leonard Romano By Robert Romano, Partner By June Romano, Partner By Steve Kaufer, Personal Representative of the Beverly Kaufer estate, Partner By Keith LeFavor, Partner K C.0 Associates, A Partnership By- Melvin L. Kleweno, Partner By Judy Kleweno, Partner Page 3 of 14 1P810-05 AP ' 282204-9180-01 Statutory Warranty Deed File No. PAK-667630(clb) -continued By Keelln A Curran, as attorney in fact for Charles P Curran, Partner BY Maureen J Curran, as attorney in fact for Mabel Curran, Partner LPB 10-05 Page 4 of 14 APNI: 282204-9180-01 Statutory Warranty Deed File No.:PAN-667630(clb) continued ST TE OF Washington ) )-ss CC UNTY OF King ) I certify that I know or have satisfactory evidence that Merle Bellis, is/are the person(s) who ap eared before me, and said person(s) acknowledged that he/she/they signed this instrument, on oa h stated that he/she/they is/are authorized to execute the instrument and acknowledged it as the Partner of Midway Sand & Gravel Company, A Partnership to be the free and voluntary ac of such party(ies) for the uses and purposes mentioned in this instrument. Da ed: Notary Public in and for the State of Washington Residing at: My appointment expires: Page 5 of 14 t.PS ia-os APh 282204-9180-01 Statutory Warranty Deed File No PAK-667630(db) continued ST TE OF Washington ) -ss CC UNTY OF King ) I certify that I know or have satisfactory evidence that Leonard Romano, is/are the person(s) who appeared before me, and said person(s) acknowledged that he/she/they signed this instrument, on oath stated that he/she/they Is/are authorized to execute the Instrument and adInowledged it as the Partner of Midway Sand & Gravel Company, A Partnership to be the frE e and voluntary act of such party(les) for the uses and purposes mentioned In this instrument. DE ted: Notary Public in and for the State of Washington Residing at: My appointment expires: Page 6 of 14 I_Ps 10-05 AP , 282204-9180-01 Statutory Warranty Deed File No:PAK-667630(cib) continued ST TE OF Washington ) )-ss C UNTV OF King ) I certify that I know or have satisfactory evidence that Robert Romano, is/are the person(s) who appeared before me, and said person(s) acknowledged that he/she/they signed this Instrument, on oath stated that he/she/they is/are authorized to execute the Instrument and acknowledged It as the Partner of Midway Sand & Gravel Company, A Partnership to be the free and voluntary act of such party(ies) for the uses and purposes mentioned In this Instrument. Dated: Notary Public in and for the State of Washington Residing at: My appointment expires: i Page 7 if 14 LPs 10-05 APP 282204-9180-01 Statutory Warranty Deed File No. PAK-667630(clb) -conbnued STATE OF Washington ) )-SS COUNTY OF King ) T dertify that I know or have satisfactory evidence that June Romano, Is/are the person(s) who a geared before me, and said person(s) acknowledged that he/she/they signed this instrument, on oa h stated that he/she/they is/are authorized to execute the instrument and acknowledged it as the Partner of Midway Sand & Gravel Company, A Partnership to be the free and voluntary ac of such party(ies) for the uses and purposes mentioned in this instrument. Dated: Notary Public in and for the State of Washington Residing at: My appointment expires: Page 8 of 14 LPB 10-05 AP . 282204-9180-01 Statutory Warranty Deed File No.. PAK-667530(clb) continued ATE OF Washington ) )-ss COUNTY OF King ) I certify that I know or have satisfactory evidence that Steve Kaufer, Is/are the person(s) who appeared before me, and said person(s) acknowledged that he/she/they signed this instrument, on oa h stated that he/she/they Is/are authorized to execute the instrument and acknowledged it as th Personal Representative of Beverly Kaufer Estate, Partner of Midway Sand & Gravel to,be the free and voluntary act of such party(les) for the uses and purposes mentioned In this instrument. Dz ited: Notary Public in and for the State of Washington Residing at: My appointment expires: Page 9 of 14 LIPS 10-05 AM 282204-4180-01 Statutory Warranty Deed File No.: PAK-667630(clb) -continued r ATE OF Washington ) )-ss COUNTY OF King ) I certify that I know or have satisfactory evidence that Keith LeFavor, is/are the person(s) who appeared before me, and said person(s) acknowledged that he/she/they signed this instrument, on oath stated that he/she/they is/are authorized to execute the instrument and acknowledged it as the Partner of Midway Sand & Gravel Company, A Partnership to be the free and voluntary act of such party(ies) for the uses and purposes mentioned in this instrument. Di ted: I Notary Public in and for the State of Washington Residing at: My appointment expires: Page 10 of 14 LPB 10-05 APN 282204-9180-01 Statutory Warranty Deed File No.: PAK-667630(clb) continued ST TE OF Washington ) )-ss COUNTY OF King ) I c rtify that I know or have satisfactory evidence that Melvin L. Kleweno, is/are the person(s) who appeared before me, and said person(s) acknowledged that he/she/they signed this ins rument, on oath stated that he/she/they is/are authorized to execute the instrument and acknowledged it as the Partner of K.C.C. Associates to be the free and voluntary act of such pa (ies) for the uses and purposes mentioned in this instrument. Da ed: Notary Public in and for the State of Washington Residing at: My appointment expires: I Page 11 of 14 LPB 10-05 APN 282204-9180-01 Statutory Warranty Deed File No, PAK-667630(clb) continued STATE OF Washington ) )-SS COUNTY OF King ) I certify that I know or have satisfactory evidence that Kudy Kleweno, is/are the person(s) who appeared before me, and said person(s) acknowledged that he/she/they signed this instrument, on oath stated that he/she/they is/are authorized to execute the instrument and acknowledged it as the Partner of K.C.C. Associates to be the free and voluntary act of such party(ies) for the uses and purposes mentioned in this instrument. Da ed: Notary Public in and for the State of Washington Residing at: My appointment expires; Page 12 of 14 LP8 10-05 API 282204-9180-01 Statutory Warranty Deed File No. PAK-667630(cib) continued CITE OF Washington ) )-SS NTY OF King ) I ertify that I know or have satisfactory evidence that Keelin A. Curran, is/are the person(s) w o appeared before me, and said person(s) acknowledged that he/she/they signed this in trument, on oath stated that he/she/they Is/are authorized to execute the Instrument and ac nowledged it as the Attorney in Fact of Charles P. Curran, Partner of K.C.C. Associates to be the free and voluntary act of such party(les) for the uses and purposes mentioned in this in rument. Di ted: Notary Public in and for the State of Washington Residing at: My appointment expires: i Page 13 of 14 LPB 10-05 i AP • 282204-9180-01 statutory Warranty Deed File Nu PAK-667630(cib) continued ATE OF Washington } )-ss COUNTY OF King ) I certify that I know or have satisfactory evidence that Maureen I Curran, is/are the person(s) Who appeared before me, and said person(s) acknowledged that he/she/they signed this in trument, on oath stated that he/she/they is/are authorized to execute the instrument and a knowledged it as the Attorney in Fact of Mabel Curran, Partner of K.C.C. Associates to be th free and voluntary act of such party(ies) for the uses and purposes mentioned in this instrument. D ted: Notary Public in and for the State of Washington Residing at: My appointment expires: a Page 14 of 14 LPB 10-05 �� REQUEST FOR m rM�YOR'S SIGNATURE 11 '�� K�NT Please Fill All Applicable Boxes Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator: Ingrid Wlllms-Dixon Phone (Originator): x5519 Date Sent December 24, 2012 Date Required December 271h, 2012 Return Signed Document to: Ingrid CONTRACT TERMINATION DATE: n/a VENDOR NAME: Mc Sorley Creek DATE OF COUNCIL APPROVAL: 3-6-2012 Brief Explanation of Document: ;�11G `U Final escrow documents for the purchase of the Mc Sorley Creek \A. o6'tetla l 6e � To close December 31st. 4 Thank you 03A1D03L4 [ Must Be Routed Through The Law Department DEC 2 4 201Z (This area to be completed by the Law Department) Received: AW Approval of L +,��ffufeP DEPT. I Law Dept. Comments: Date Forwarded to Mayor: Shaded Areas To Be Completed By Administration Staff Received• � � � � � �� Recommendations and Comments: DEC 2 2012 Disposition: � F Q C1TY Of h_NT CITY 0:11PK Date Returned: �c�'Z �-