Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
PK14-146 - Original - Ann Finne - 10820 S 248th - 6/3/14
ENT �Records M = eme K ., . 4 WASHINGTON of � {!r,r �IVv Ocl�l�el�t TSr 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: Seller: Ann Finne property owner Vendor Number: JD Edwards Number Contract Number: This is assigned by City Clerk's Office Project Name: Real Property Purchase & Sale Agreement with City of Kent Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 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.): 10820 SE 248th Street, Parcel # 202205-9240-06; property is adjacent to Morrill Meadows Park PPD Contract #PPD14-15 S:Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 REAL ESTATE PURCHASE AND SALE AGREEMENT WITH EARNEST MONEY PROVISION BETWEEN CITY OF KENT AND ANN C. FINNE This Agreement is entered between the CITY OF KENT, a Washington municipal corporation, authorized by the Kent City Council on May 20, 2014 I ("Buyer"), whose mailing address is 220 4th Avenue South, Kent, Washington 98032-5895, and Ann C. Finne ("Seller"), whose mailing address is 1174 Stanwood Street, Camano Island, 98282, for the sale and purchase of real property as follows: I. PROPERTY. The Property, which Buyer agrees to buy and Seller agrees to sell, is known as King County Tax Parcel Number(s) 202205-9240-06, located at 10820 S.E. 2481" Street, Kent, Washington, 98030 ("Property"). The Property is legally described in Exhibit "A", attached hereto and incorporated herein by this reference. 2. EARNEST MONEY. Within ten (10) working days of mutual acceptance of this Agreement, Buyer shall deposit with First American Title Insurance Company ("Escrow Agent"), the sum of Fifteen Thousand Dollars and NO/SOOths ($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 Three Hundred Ten Thousand Dollars and NO/100ths ($310,000.00), including Earnest Money, payable on Closing. 4. CONTINGENCIES. This Agreement is contingent upon: (a) Final approval of all terms and conditions by the Kent City Council. Buyer's Initials -1 Seller's Initials; Seller's Initials: Real Estate Purchase and Sale Agreement Between City of Kent and rt00- Page l of 10 (b) 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," attached hereto. Seller shall complete one form for each dwelling unit or specify which dwelling unit is being referenced in the form. The Disclosure Statement shall be completed by the Seller within 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, the Disclosure Statement will be deemed approved and accepted by Buyer. (c) A feasibility Study as follows: i. Buyer shall have thirty (30) 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 � ' - Buyer's Initials., Seller's Initial s.,t: ti Seller's Initials: Real Estate Purchase and Sal g Agreement Between City of Kent and ri,d Page 2of10 i (b) 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 11113," attached hereto. Seller shall complete one form for each dwelling unit or specify which dwelling unit is being referenced in the form. The Disclosure Statement shall be completed by the Seller within 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, the Disclosure Statement will be deemed approved and accepted by Buyer. (c) A feasibility Study as follows: i. Buyer shall have thirty (30) 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. Hi. 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 z Buyer's Initials: Seller's%nitiafs. _ Seller's Initials: Real Estate Purchase and Salk� Agreement Between City of Kent and h'61Y Q Page 2 of 10 environmental assessment may be conducted which generally will consist of on-site sampling, including the digging or boring of test holes for soil samples. BY EXECUTING THIS AGREEMENT, SELLER HEREBY AUTHORIZES BUYER A RIGHT OF ENTRY ON TO THE PROPERTY FOR THE PURPOSE OF CONDUCTING THIS FEASIBILITY STUDY INCLUDING A PHASE I, AND IF NECESSARY, A PHASE II ENVIRONMENTAL ASSESSMENT. SELLER WILL BE NOTIFIED IF A PHASE II ENVIRONMENTAL ASSESSMENT IS TO BE CONDUCTED. 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. I 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 shall be immediately returned to Buyer. Buyer agrees to return the Property to its original state (i.e., fill all boring holes, etc.). Should any of the contingencies not be met prior to Closing, then this Agreement shall terminate and neither Buyer not Seller shall have any further rights, duties or obligations hereunder, except that the Earnest Money 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 Buyer's Initials ---- Seller's Initials• Seller's Initials: Real Estate Purchase and Sao Agreement _ Between City of Kent and Page 3 of 10 Deed, free and clear of all liens, encumbrances or defects except those described in Schedule B, paragraph(s) 3 through 8 of Title Report Number 4209-2254769, described in Exhibit "C", attached hereto and incorporated herein by this reference. General exclusions common to the area and not materially affecting the value of or unduly interfering with Buyer's reasonable use of the Property shall be permitted. All monetary encumbrances and special exceptions listed in Exhibit "C", other than those specifically noted above are to be removed on or before Closing. 6. TITLE INSURANCE. At Closing, Buyer shall cause First American Title Insurance Company, 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 insurance 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. Any Excise Tax due shall be paid by Seller. 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 on or before June 17, 2014, 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 will pay Seller, in the form of an electronic wire transfer, all instruments and monies required to complete the transaction in accordance with Buyer's Initialsr 3 Seller's initials.r Seller's initials: Real Estate Purchase and Sale Agreement Between City of Kent and i' Arit Page 4 of 10 Deed, free and clear of all liens, encumbrances or defects except those described in Schedule B, paragraph(s) 3 through 8 of Title Report Number 4209-2254769, described in Exhibit "C", attached hereto and incorporated herein by this reference. General exclusions common to the area and not materially affecting the value of or unduly interfering with Buyer's reasonable use of the Property shall be permitted. All monetary encumbrances and special exceptions listed in Exhibit "C", other than those specifically noted above are to be removed on or before Closing. 6. TITLE INSURANCE. At Closing, Buyer shall cause First American Title Insurance Company, 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 insurance 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. Any Excise Tax due shall be paid by Seller. 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 us of the day of Closing, unless otherwise agreed. 8. CLOSING OF THE SALE. WITH THE UNDERSTANDING THAT TIME IS OF THE ESSENCE FOR THIS AGREEMENT, this sale shall be closed on or before June 17, 2014, 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 will pay Seller, in the form of an electronic wire transfer, all instruments and monies required to complete the transaction in accordance with Buyer's Initial Sellers Tnitials- Seller's Ynitials: Real Estate Purchase and Sal]A Agreement Between City of Kent and I'd h4.Q, Page 4 of 10 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 are 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 f , Buyer's lnitials;�L-r-7--W— Seller's initials::%c Seller's Initials; Real Estate Purchase and Saje Agreement Between City of Kent and ki A 0 e Page 5 of 10 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 a private on-site sewage system ("OSS"). Buyer and Seller agree that the applicable requirements of the King County Health Code have been substantially satisfied, as evidenced by the report attached hereto as Exhibit "D." 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. ro/ Buyer's Initials:_ Seller's Initials:.4 Seller's Initials: Real Estate Purchase and Sale Agreement Between City of Kent and fi 4 Page 6 of 10 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 a private on-site sewage system ("OSS"). Buyer and Seller agree that the applicable requirements of the King County Health Code have been substantially satisfied, as evidenced by the report attached hereto as Exhibit "D." 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. Buyer's Initials: Seller's Initials: l_'✓ f Seller'sInitials; Real Estate Purchase and Sale Agreement Between City of Kent and F(I?YiP Page 6of10 (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. 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 Parks, Recreation & Community Services Department City of Kent 220 Fourth Avenue South Kent, WA 98032 Telephone: 253-856-6050 Buyer's Initials; Seller's Initials ,v Seller's Initials; Real Estate Purchase and Sale-Agreement Between City of Kent and HA K C Page 7 of 10 (b) All notices to be given to Seller shall be addressed as follows: Ann C. Finne 1174 Stanwood Street Camano Island, WA 98282 Telephone: ..jca—!= ` - (c) All notices to be given to Escrow Agent shall be addressed as follows: First American Title Insurance Company 818 Stewart Street, Suite 800 Seattle, WA 98101 Telephone: 206-728-0400 Facsimile: 866-904-2177 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. CITY COUNCIL ACTION REQUIRED. Seller acknowledges that the closing of the transaction contemplated by this Agreement ( "Closing") is expressly conditioned on the city of Kent City Council's ( "City Council's") prior authorization to purchase the Property under this Agreement ("Council Authorization"), which may or may not be granted in the City Council's sole discretion. Buyer shall not be liable or obligated for any burden or loss, financial or otherwise, incurred by Seller as a result of the City Council's modification of the final terms and conditions of this Agreement, or the City Council's failure to grant the Council Authorization. 19.1 Seller's Waiver. Seller expressly waives any claim against the city of Kent and its elected officials, officers, employees, representative and agents for any burden, expense or loss which Buyer incurs as a result of the City Council's failure to grant the Council Authorization. Buyer's Initialsl;, l Seller's Initials:_ Seller's Initials: Real Estate Purchase and Saj Agreement Between City of Kent and rMM. Page 8 of 10 (b) All notices to be given to Seller shall be addressed as follows: Ann C. Finne 1174 Stanwood Street Camano Island, WA 98282 Telephone: Z"0 6— 3 Hr`C--� (c) All notices to be given to Escrow Agent shall be addressed as follows: First American Title Insurance Company 818 Stewart Street, Suite 800 Seattle, WA 98101 Telephone: 206-728-0400 Facsimile: 866-904-2177 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. CITY COUNCIL ACTION REQUIRE®. Seller acknowledges that the closing of the transaction contemplated by this Agreement ( "Closing") is expressly conditioned on the city of Kent City Council's ( "City Council's") prior authorization to purchase the Property under this Agreement ("Council Authorization"), which may or may not be granted in the City Council's sole discretion. Buyer shall not be liable or obligated for any burden or loss, financial or otherwise, incurred by Seller as a result of the City Council's modification of the final terms and conditions of this Agreement, or the City Council's failure to grant the Council Authorization. 19.1 Seller's Waiver. Seller expressly waives any claim against the city of Kent and its elected officials, officers, employees, representative and agents for any burden, expense or loss which Buyer incurs as a result of the City Council's failure to grant the Council Authorization. Ile Buyer s Initials Seller's Initials: `' seller's Ynitials; 0 Real Estate Purchase and Sale Agreement Between City of Kent and hjJKL Page 8of10 20. 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. 21. 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. 22. 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. 23. EXPIRATION OF OFFER. Seiler shall have only until 5:00 pm on Jude 36; 2014, 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: CITY OF KENT .� / By: ( =' Suzette C ,oke Its: N1�yQr Dated: - ..`�// " i Buyer's Initials; Seller's Initials: ? Seller's Initials: Real Estate Purchase and Sale Aqr ement Between City of Kent and R ft-UPage 9 of 10 SELLER: SELLER: By; >; �° By: Print Name: it tkn L'. P-i4lc_ Print Name: Dated: ii;n I L-2,L Dated: P:\Civil\Files\Open Files\1837-Finne Purchase And Sale Agreement\Finne PSA.Docx Buyer's Initials: Seller's Initials: � Seller's Initials: Real Estate Purchase and Sale Agreement Between City of Kent and Page 10 of to SELLER: SELLER: By: By: Print Name: L:d=irlllc. Print Name: Dated: i7_tzzc Z. Dated: i P:\Civil\Files\Open Flles\1837-Finne Purchase And Sale Agi eemenffinne PSA.Docx I Buyer's Initials: Seller's Initials: Seller's Initials: Real Estate Purchase and Sale Agreement Between City of Kent and Page 10 of 10 EXHIBIT A PARCEL A: THAT PORTION OF THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF SECTION 20,TOWNSHIP 22 N,RANGE BE,W.M.,IN KING COUNTY WASHINGTON,BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER NORTHEAST QUARTER, THENCE N 89017'11"W ALONG THE SOUTH LINE OF SAID NE QUARTER,A DISTANCE OF 2242.16 FEET; THENCE N 01001'21"E,A DISTANCE OF 435.00 FEET,TO THE TRUE POINT OF BEGINNING, THENCE CONTINUING N 01001'21"E,ALONG AN EXISTING FENCE,A DISTANCE OF 224.62 FEET,TO THE NORTH LINE OF SAID SOUTH HALF OF THE SOUTH HALF,THENCE N 89°17'47"W,ALONG SAID- NORTH LINE,A DISTANCE OF 192.83 FEET,TO THE EAST LINE OF THE WEST 160.00 FEET OF SAID SOUTH HALF OF THE SOUTH HALF; THENCE S 01019'24"W ALONG SAID EAST LINE,A DISTANCE OF 224.60 FEET; THENCE S 89017'11"E A DISTANCE OF 194.01 FEET,TO THE TRUE POINT OF BEGINNING. (BEING A PORTION OF LOTS 3 AND 4,KING COUNTY SHORT PLAT NO.R477018 RECORDED UNDER RECORDING NUMBER 7804190934) (ALSO KNOWN AS PARCEL"J",CITY OF KENT LOT LINE ADJUSTMENT NO. LL-90.15,RECORDED UNDER RECORDING NUMBER 9065031225.) PARCEL B: A NON-EXCLUSIVE'EASEMENT FOR INGRESS AND EGRESS 30.00 FEET WIDE,THE CENTERLINE BEING DESCRIBED AS FOLLOWS; COMMENCING AT THE BE CORNER OF SAID NE QUARTER,THENCE N 89-17-11"W,ALONG THE SOUTH LINE OF SAID NE QUARTER,A DISTANCE OF 2385.50 FEET; THENCE N 0003422"E A DISTANCE OF 30.00FEET,TO THE NORTH MARGIN OF BE 248TH STREET AND THE TRUE POINT OF BEGINNING OF SAID CENTERLINE; THENCE CONTINUING N 00°34'22"E A DISTANCE OF 415.00 FEET; THENCE S 8902538"E A DISTANCE OF 20.00 FEET,TO THE TERMINUS OF SAID CENTERLINE, TOGETHER WITH THAT PORTION LYING WITHIN A CIRCLE WITH A RADIUS OF 35 FEET,THE RADIUS POINT BEING LOCATED AT THE TERMINUS OF THE AFORE DESCRIBED CENTERLINE. EXHIBIT B 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 1 �F , 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/ _ is not occupying the property. DATE: "C L'/ SELLER:y SELLER: Seller's Disclosure Statement - Page 1 of 11 Improved EXHIBIT SELLER'S DISCLOSURE STATEMENT INSTRUCTIONS TO THE SELLER Please complete the following form. Do not leave any spaces blank. If the question clearly does not apply to the property write "NA." If the answer is "yes" to any * Items, please explain on attached sheets. Please refer to the line number(s) of the question(s) when you provide your explanation(s). For your protection you must date and sign each page of this disclosure statement and each attachment. Dellvery 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 SELLE�{ R ABOUT THE CONDITION OF THE PROPERTY LOCATED AT ONO 5.F 2 , 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/T is not occupying the property. DATE:t1w(L-d rrL1I SELLER: 1'/ SELLER: Seller's Disclosure Statement - Page 1 of 11 Improved I. SELLER'S DISCLOSURES: *If you answer "Yes" to a question with an asterisk (*), please explain your answer and attach documents, if available and not otherwise publicly recorded. If necessary, use an attached sheet. 1. TITLE Yes [ ] No [ ] Don't know A. Do you have legal authority to sell the property? If no, please explain. [ ] Yes �4-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 o [ ] 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 `WNo [ ] Don't know *G. Is there any study, survey project, or notice that would adversely affect the property? [ ] Yes No [ ] Don't know *H. Are there any pending or existing assessments against the property? [ ] Yes ] 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 XDon'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: dune C Uf/l SELLER: SELLER: Seller's Disclosure Statement - Page 2 of 11 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 *[ ] Other water system [ ] Yes Y'`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 �]kNo [ ] Don't know *(3) Are there any problems or repairs needed? k�Yes [ ] No [ ] Don't know (4) During your ownership, has the source F provided an adequate year-round supply of potable water? If no, please explain. [ ] Yes a No [ ] Don't know *(5) Are there any water treatment systems for the property? If yes, are they [ ] Leased [ ] Owned. [ ] Yes _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 (a) If yes, has the water right, permit, J 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)- *(7) Are there any defects in the operation of the water system (e.g. pipes, tank, pump, etc.)? (If yes, please explain) a. Irrigation Water [ ] Yes No [ ] Don't know (1) Are there any Irrigation water rights for the property, such as a water permit, certificate, or claim? DATE: < SELLER: " SELLER: J Seller's Disclosure Statement - Page 3 of it Improved 2. WATER A. Household Water (1) The source of water for the property is: JJ Private or publicly owned water system [ ]private well serving only the subject Property *[ ] Other water system [ ) Yes ]No [ ] Don't know * If shared, are there any written agreements? [ ] Yes "PNo [ ] Don't know *(2) Is there an easement (recorded or unrecorded) for access to and/or maintenance of the water source? [ ] Yes P-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 [ No [ ] Don't know *(5) Are there any water treatment systems ✓ for the property? If yes, are they [ ] Leased [ ] Owned. [ ] Yes �il\lo [ ] Don't know *(6) Are there any water rights for the property associated with Its domestic water supply, such as a water right permit, certificate, or claim? [ ] Yes [ No [ ] Don't know (a) If yes, has the water right, permit, J ` certificate, or claim been assigned, transferred, or changed? [ ] Yes KNo [ ] 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)- *(7) Are there any defects in the operation of the water system (e.g. pipes, tank, pump, etc.)? (If yes, please explain) B. Irrigation Water [ ] Yes No [ ] Don't know (1) Are there any irrigation water rights for the property, such as a water permit, certificate, or claim? DATE:/a�" _! SELLER:f//_ SELLER: Seller's Disclosure Statement - Page 3 of 11 Improved [ ] 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 j No [ ] Don't know *(b) If so, is the certificate available? (If yes, please attach a copy.) [ ] Yes No [ ] Don't know *(c) If so, has the water right permit, certificate, or claim been assigned, transferred, or changed? If so, explain: [ ] Yes )kNo [ ] 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 �y,No [ ] Don't know (1) Is there an outdoor sprinkler system for ✓ the property? [ ] Yes _�6 No [ ] Don't know *(2) If yes, are there any defects in the system? [ ] Yes [A No [ ] Don't know *(3) If yes, Is the sprinkler system connected to irrigation water? 3. SEWER/OPI-SITE SEWAGE SYSTEM A. The property is served by: [ ] Public sewer system Kon-site sewage system (Including pipes, tanks, drainfields, and all other component parts) [ ] other disposal system, please describe: [ ] Yes No [ ] Don't know B. If public sewer system service is available to the property, Is the house connected to the sewer main? If no, please explain. [ ] Yes XNo [ ] 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? DATE: ELLER: SELLER: Seller's Disclosure Statement- Page 4 of 11 Improved . D. If the property is connected to an on- site sewage system: `Yes [] No [] Don't know *(1) Was a permit issued for its 44 construction, and was it approved by the local health department or district following its construction? ' (Z) When was It last pumped: a [ ] Yes [ kNo [ ] 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? r By whom: ca�1�=;� �t 2 1 -t• [ ] Don't know (5) For how many bedrooms was the on-site sewage system approved? 11 --i Bedrooms ilfi 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? [ Yes [ ] No [ ] Don't know G. Is the on-site sewage system, including the drainfield, located entirely within the boundaries of the property? If no, please explain. [ ] Yes No [ ] Don't know *H. Does the on-site sewage system require monitoring and maintenance services more frequently than once a year? If yes, please explain: NOTICE: IF THIS RESIDENTIAL REAL PROPERTY DISCLOSURE STATEMENT IS BEING COMPLETED FOR NEW CONSTRUCTION WHICH HAS NEVER BEEN OCCUPIED, THE SELLER IS NOT REQUIRED TO COMPLETE THE QUESTIONS LISTED IN ITEM 5. STRUCTURAL OR ITEM 6. SYSTEMS AND FIXTURES. 4. HEATING A. How is the residence heated? ❑ Baseboard ImA Electric IF Gas ❑ Oil ❑ Propane [ ] Yes 6j No [ ] Don't know Is there an onsite fuel tank? D ATE.x _a SELLER: /Ar SELLER: Seller's Disclosure Statement - Page 5 of 11 Improved i i D. If the property is connected to an on- site sewage system: KYes [] No [] Don't know *(1) Was a permit issued for its I construction, and was it approved by the local health department or district following its construction? (2) When was it last pumped: .± / _ [ ] Yes No [ ] Don't know *(3) Are there any defects in the operation of the on-site sewage system? [ ] Don't know (4) When was It last inspected? By whom: [ ] Don't know (5) For how many bedrooms was the on-site sewage system approved? �Bedrooms [ Yes [ ] No [ ] Don't know E. Are all plumbing fixtures, including / � laundry drain, connected to the sewer/on-site sewage system? If no, please explain: RYes [ ] No [ ] Don't know *F. Have there been any changes or repairs to the on-site sewage system7 Yes [ J 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. [ J Yes No [ ] Don't know *H. Does the on-site sewage system require monitoring,and maintenance services more frequently than once a year? If yes, please explain: NOTICE: IF THIS RESIDENTIAL REAL PROPERTY DISCLOSURE STATEMENT IS BEING COMPLETED FOR NEW CONSTRUCTION WHICH HAS NEVER BEEN OCCUPIED, THE SELLER IS NOT REQUIRED TO COMPLETE THE QUESTIONS LISTED IN ITEM S. STRUCTURAL OR ITEM 6. SYSTEMS AND FIXTURES. 4. HEATING A. How is the residence heated? ❑ Baseboard E. Electric ❑ Gas ❑ Oil ❑ Propane [ ] Yes. [ No [ ] Don't know Is there an onsite fuel tank? ,f DATE: 12X SELLER i SELLER:Seller's Disclosure Statement - Page 5 of 11 Improved S. STRUCTURAL [ ] Yes kNo [ ] Don't know *A. Has the roof leaked within the last five / yea rs? [ ] Yes [)q No [ ] Don't know *B. Has the basement flooded or leaked? KYes �[ ] No [ ] Don't know *C. Have there been any conversions, additions, or remodeling? [ ] Yes `N No [ ] Don't know *(1) If yes, were all building permits obtained? (=j(wage C cxf^]aar 1 i !c1 gcy [ ] Yes [KNo [ ] Don't know *(2) If yes, were all final Inspections obtained? XYes [ ] No [ ] Don't know D. Do you know the age of the house? If yes, year of original construction: 1G ' [ ] Yes ) No [ ] Don't know *E. Has there been an settling, slippage, or sliding of the property or Its improvements? [ ] Yes KNo [ ] 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 Lj Doors El Windows ❑ Patio ❑ Ceilings ❑ Slab Floors Driveways Pools ❑ Hot Tub Saunas Sidewalks Outbuildings Fireplaces -a-Garage Floors ❑—Walkways Lj siding Other Wood Stoves [ ] Yes KNo [ ] Don't know *G. Was a structural pest or"whole house" Inspection done? If yes, when and by whom was the Inspection completed? [ ] Yes No [ ] Don't know H. During your ownership, has the property had any wood destroying organism or pest Infestation? XYes [ ] No [ ] Don't know I. Is the attic insulated? KYes [ ] No [ ] Don't know J. Is the basement insulated? 6. 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. DATE: SELLER: SELLER: Seller's Disclosure Statement - Page 6 of 11 Improved [ ] Yes No [ ] Don't know • Electrical system, including wiring, switches, outlets, and service. [ ] Yes KNo [ ] Don't know • Plumbing system, Including pipes, faucets, fixtures, and toilets. [ ] Yes [ No [ ] Don't know • Hot water tank [ ] Yes ] No [ ] Don't know • Garbage disposal [ ] Yes No [ ] Don't know • Appliances [ ] Yes [ No [ ] Don't know • Sump pump [ ] Yes [+j No [ ] Don't know • Heating and cooling systems [ ] Yes [ No [ ] Don't know • Security system Owned [ ] Leased j 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 Security system [ ] Yes No [ ] Don't know Tanks (type): [ ] Yes [ No [ ] Don't know Satellite dish [ ] Yes 4,1\10 [ ]Don't know 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 No [ ] Don't know (3) Pellet stove? [ ] Yes No [ ] Don't know (4) Fireplace? [ ] Yes [ No [ ] Don't know If yes, are all of the (1) woodstoves or (2) fireplace inserts certified by the U.S. Environmental Protection Agency as clean burning appliances to improve air quality and public health? DATE: Z1l 4, SELLER:! <'� SELLER: 1� Seller's Disclosure Statement - Page 7 of 11 Improved [ ] Yes' No [ ] Don't know Electrical system, including wiring, switches, outlets, and service. [ ] Yes No [ ] Don't know Plumbing system, including pipes, faucets, fixtures, and toilets. [ ] Yes J�"[ No [ ] Don't know o Hot water tank [ ] Yes �] No [ ] Don't know a Garbage disposal [ ] Yes [ No [ ] Don't know a Appliances [ ] Yes XNo [ ] Don't know a Sump pump [ ] Yes No [ ] Don't know . a Heating and cooling systems [ ] Yes [ \No [ ] Don't know a Security system [jOwned [ ] 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 Security system [ ] Yes j No [ ] Don't know Tanks (type): [ ] Yes No [ ] Don't know Satellite dish [ ] Yes -No [ ] Don't know Other: *C. Are any of the following kinds of wood burning appliances present at the property? [ ] Yes �( No [ ] Don't Imow (1) Woodstove? [ ] Yes DI No [ ] Don't know (2) Fireplace Insert? [ ] Yes .[ No [ ] Don't know (3) Pellet stove? [ ] Yes No [ ] Don't know (4) Fireplace? [ ] Yes , No [ ] Don't know If yes, are all of the (1) woodstoves or (2) fireplace inserts certified by the U.S. Environmental Protection Agency as clean burning appliances to improve air quality and public health? DATE: ! �' SELLER:/� Z SELLER: Seller's Disclosure Statement - Page 7 of 11 Improved Yes [ ] No [ ] Don't know D. Is the property located within a city, county, or district or within a department of natural resources fire protection zone that provides fire protection services? [ ] Yes No [ 7 Don't know E. Is the property equipped with carbon monoxide alarms? (Note: Pursuant to RCW 19.27.530, seller must equip the residence with carbon monoxide alarms as required by the state building code.) [ Yes [ ] No [ ] Don't know F. Is the property equipped with smoke / alarms? 7. 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. [ ] Yes No [ ] Don't know B. Are there regular periodic assessments: $ per [ ] Month [ ] Year [ ] Other [ ] Yes No [ ] Don't know *C. Are there any pending special assessments? [ ] Yes ] No [ ] Don't know *D. Are there any shared "common areas" or any joint maintenance agreements (facilities such as walls, fences, landscaping, pools, tennis courts, walkways, or other areas co-owned in undivided Interest with others)? a. ENVIRONMENTAL [ ] Yes XNo [ ] Don't know *A. Have there been any flooding, standing water or drainage problems on the property that affect the property or access to the property? [ ] Yes No [ ] Don't know *B. Does any part of the property contain fill dirt, waste or other fill material? III DATE: SELLER: SELLER: Seller's Disclosure Statement - Page 8 of 11 Improved [ ] Yes No [ ] Don't know *C. Is there any material damage to the property from fire, wind, floods, beach movements, earthquake, expansive soils, or landslides? pt [ ] Yes b�-No [ ] Don't know D. Are there any shorelines, wetlands, floodplains, or critical areas on the property? [ ] Yes No [ ] Don't know *E. Are there any substances, materials, or products on the property that may be environmental concerns, such as asbestos, formaldehyde, radon gas, lead-based paint, fuel or chemical storage tanks, or contaminated soil or water? [ ] Yes No [ ] Don't know *F. Has the property been used for commercial or industrial purposes? [ ] Yes _ No [ ] Don't know *G. . Is there any soil or groundwater contamination? [ ] Yes No [ ] Don't know *H. Are there transmission poles or other utility equipment installed, maintained, or buried on the property that do not provide utility service to the structures on the property? [ ] Yes No [ ] Don't know *I. Has the property been used as a legal or Illegal dumping site? [ ] Yes No [ ] Don't know *J. Has the property been used as an illegal drug manufacturing site? [ ] Yes No [ ] Don't know *K. Are there any radio towers In the area that may cause interference with cellular telephone reception? 9. MANUFACTURED AND MOBILE HOMES If the property includes a manufactured or mobile home, [ ] Yes No [ ] Don't know *A. Did you make any alterations to the home? If yes, please describe the alterations: [ ] Yes No [ ] Don't know *B. Did the previous owner make any alterations to the home? [ ] Yes No [ ] Don't know *C. If alterations were made, were permits or variances for theses alterations obtained? DATE: ' ' _SELLER: SELLER: Seller's Disclosure Statement - Page 9 of 11 Improved [ ] Yes 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 ,0-No [ ] Don't know D. Are there any shorelines, wetlands, floodplains, or critical areas on the property? [ ] Yes No [ ] Don't know *E. Are there any substances, materials, or products on the property that may be environmental concerns, such as asbestos, formaldehyde, radon gas, lead-based paint, fuel or chemical storage tanks, or contaminated soil or water? [ ] Yes y�t No [ ] Don't know *F. Has the property been used for commercial or industrial purposes? [ ] Yes YINo [ ] Don't know *G. . Is there any soil or groundwater contamination? [ ] Yes 0No [ ] Don't know *H. Are there transmission poles or other utility equipment installed, maintained, or buried on the property that do not provide utility service to the structures on the property? [ ] Yes No [ ] Don't know *I. Has the property been used as a legal or ' illegal dumping site? [ ] Yes Pk No [ ] Don't know *J. Has the property been used as an illegal drug manufacturing site? [ ] Yes No [ ] Don't know *K. Are there any radio towers in the area that may cause interference with cellular telephone reception? 9. MANUFACTURED AND MOBILE HOMES if the property includes a manufactured or mobile home, [ .] Yes 0 No [ ] Don't know *A. Did you make any alterations to the home? If yes, please describe the alterations: [ ] Yes No [ ] Don't know *B. Did the previous owner make any alterations to the home? [ ] Yes No [ ] Don't know *C. If alterations were made, were permits or variances for theses alterations obtained? DATE: r II SELLER: Z SELLER: Seller's Disclosure Statement - Page 9 of 11 Improved 10. FULL DISCLOSURE BY SELLERS A. Other conditions or defects: [ ] Yes 'T/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: SELLER: Seller's Disclosure Statement - Page 10 of 11 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.©,R OTHER PARTY. DATE:. f l BUYE Ap - BUYER: BUYER'S WAIVER OF GHT 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: "/ SELLER: _11, Seller's Disclosure'Statement - Page 11 of 11 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 LICENSEEPR OTHER PARTY. DATE: � 3 / BuyEh BUYER: 7-7 BUYER'S WAIVER OF GHT 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 J 1 DATE: o s✓ 1 SELLER: 1 SELLER: Seller's Disclosure Statement - Page 11 of 11 Improved First American Title EXHIBIT C Form No.106e-2 Commltment No.:4209.2254769 ALTA Plain Language Commlirnent Page 5 of 10 SCHEDULE B SECTION II EXCEPTIONS PART TWO: Any policy we Issue will have the following exceptions unless they are taken care of to our satisfaction. The printed exceptions and exclusions from the coverage of the policy or policies are available from the office which Issued this Commitment. Copies of the policy forms should be read. 1. Lien of the Real Estate Excise Sales Tax and Surcharge upon any sale of said premises, If unpaid. As of the date herein,the excise tax rate for the City of Kent Is at 1.78%. Levy/Area Code: 1525 2. General Taxes for the year 2014. The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Tax Account No.: 202205-9240-06 let Half Amount Billed: $ 1,723.87 Amount Paid: $ 1,723,87 "Amount Due: $ 0.00 Assessed Land Value: $ 196,000.00 Assessed Improvement Value: $ 39,000,00 2nd Half Amount Billed: $ 1,723.86 Amount Paid: $ 0.00 Amount Due: $ 1,723.86 Assessed Land Value: $ 196,000.00 Assessed Improvement Value: $ 39,000.00 3. Easement,Including terms and provisions contained therein: Recorded: April 10,1978 Recording Information: 7804100715 In Favor Of: Puget Sound Energy,Inc.,a Washington corporation For: Electric transmission and/or distribution system 4. Any and all offers of dedication, conditions, restrictions, easements, fence line/boundary discrepancies, notes and/or provisions shown or disclosed by Short Plat No. R477018 recorded under recording number7804190934, 51 Terms,covenants,conditions and restrictions as contained In recorded Lot Line Adjustment (Boundary Line Revisions): Recorded: May 3, 1990 Recording Information: 9005031225 6. Boundary Lines Agreement and the terms and conditions thereof: By and Between Various owners Recording Information: 8706021214 RWAmerkan 70 First American Title First American Title EX H I R I T C: Form No.106E-2 Comrahineat No.:4209-2254769 ALTA Plain Language Commftent Page 6 of 10 Said Instrument is a re-recording of Instrument recorded under recording no, 8705110435, 7. Conditions, notes, easements, provisions and/or encroachments contained or delineated on the face of the Survey recorded under Recording No.8706029004, 8. Terms,covenants,conditions and restrictions as contained In recorded Lot Line Adjustment (Boundary Line Revisions): Recorded: May 3, 1225 Recording Information, 9005031225 r f4stAwnr an 77tle First American Title First American Title EXHIBIT Fomt No.1068-2 Commitment No.:4209-2264769 ALTA PiaN Language Commitment Page 6 of 10 Said Instrument Is a re-recording of Instrument recorded under recording no. 8705110435. 7. Conditions, notes, easements, provisions and/or encroachments contained or delineated on the face of the Survey recorded under Recording No. 8706029004. 8. Terms,covenants,conditions and restrictions as contained in recorded Lot Line Adjustment (Boundary Line Revisions): Recorded: May 3, 1225 Recording Information: 9005031225 fl�sEAmencan 7lNe First American Title SkipThePaper.com:Application View EXH I BIT ® Page 1 of 3 Welcome Travis Sloneburner An Ip Icatign Manager Public Health a Seattle & i~*tU9 Ct a ity100 On-Site Septic System Property Transfer Report u;mv Service Summary .i Application No:8442 Item. Price Assigned ID: Na OSS operation and maintenance program fee $i i i.00 Application Status Complete Processing Service Fee. $10.00 NOTE:this charge will show separate on your statement and be to OnlineRMf=,LLC. Applicant's Address Travis Sloneburner Total charges for application: $121.00 Aqua Test, Inc. PO Box 1116 Black Diamond,WA 98010 Attachments OSM A 080 As-huiit or NewlModilled Construction Record ICI Email:Kris@aquatestlnc.com Phone:426-432-9360 Inspection Report(Withln last 6 monthsl Property Owner QuestlonslAnswers Ann Finne Overview 10822 SE 248th Q. Property Tax Parcel Number(APN) Kent,WA 98030 A:2022059240 Q:Is the house occupied? Email: A:No Phone:206.359-0848 Q:When was the house vacated?(NIA If unkown) A:N/A Seller's Agent Q:The Construction Record Drawing included Is A:New http://www.skipthepaper.com/UserPages/ApplicationView.aspx?ApplD=AF49ACA1-A27... 4/16/2014 SkipThePaper.com : Application View EXHIBIT D Page 2 of 3 Email: Q:Water Supply A:Municipal Buyer's Agent Q:Approved bedrooms according to site design A:Information unavailable Septic System - General Email: Q:Date tank pumped last(NIA If unknown) A.,4110114 Title/Escrow Company Q:Tank accessibility(If tanks are not accessible,the Title 13 code. at the time of system approval shall apply) A:All tank(s)Is(are)NOT accessible, The system IS NOT in compliance according to the Tills 13. Email: Q:At the time of this Inspection were any risers or monitoring ports Installed? Billing Address A:No Kristin Orstad Aqua Test Inc Q:Upon evaluation of the septic system were any repairs made? PO Box 1116 A:Yes Black Diamond,WA 98010 Q:Explain the repairs in detail. A:new d-box Billing Phone:425-432-9360 Gravity Septic Systems Q:[s the septic system gravity? Associated Address A:Yes 10820 SE 248TH ST KENT,WA Q:Condition of D-Box A:Working properly Q: Performance Evaluation:Amount(Gallons)(NIA if not gravity) A:450 Q:Performance Evaluation:Duration of test(Time)(NIA If not gravity) A:45 Q:Did the system accept the water from the stress test without backing up A:Yes Pressure Distribution Septic Systems Q:Does the septic system utilize pressure distribution? A:No OSM Certification http://wrvw.skipthepaper.com/LJserPages/ApplicationView.aspx?AppID=AF49ACAl-A27... 4/1 612 0 1 4 SkipThePaperxom :Application View EXHIBIT D Page 2 of 3 i Email: Q:Water Supply A:Muntolpal I Buyer's Agent Q:Approved bedrooms according to site design A:Information unavailable Septic System - General Email: ' Qc Date tank pumped last(NIA If unknown) A:4110114 Title/Escrow Company Q:Tank accessibility(If tanks are not accessible,the Title 13 code. at the time of system approval shall apply) A:All tank(s)Is(are)NOT accessible. The system IS NOT In compliance according to the Title 13, Email: Q:At the time of this inspection were any risers or monitoring ports Installed? Billing Address A:No Kristin Orstad Aqua Test Ino Q:Upon evaluation of the septic system were any repairs made? PO Box 1116 A:Yes Black Diamond,WA 98010 Q:Explain the repairs In dotal). A:new d-box Billing Phone:425-432-9360 Gravity Septic Systems Q: Is the septic system gravity? Ass®clated Address A:Yes 10820 SE 248TH ST KENT,WA Q:Condition of D-Box A:Woddng properly 77 Q:Performance Evaluation:Amount(Gallons)(NIAI€not gravity) A:450 Q:performance Evaluation:Duration of test(Time)(NIA If not gravity) A:45 Q: Did the system accept the water from the stress test without backing up A:Yes Pressure Distribution Septic Systems Q:Does the septic system utilize pressure distribution? A:No GSM Certification http://wrvw.skipthepaper.com/UserPages/ApplicationView.aspx?ApplD=AF49ACAl-A27... 4/16/2014 SkipThePaper.com: Application View EXHIBIT ® Page 3 of 3 Q:I certify to the beat of my knowledge,that this Inpsectlon report Is true,accurate and complete. A.Yes Comment History http://www.skipthepaper.comMserPages/ApplicationView.aspx?ApplD=AF49ACAl-A27... 4/16/2014 ! EXHIBIT D 1 , , IN 1 , I 1 j ! ! I I 1 ' I 1 j t 1 1 j 1 I 1 1 S 1 q 4 Y N fl 1�1 Y 1 Y 'r'•i3.. �F rM I �:Y:Ee to ; '.ii ' , I 1 ! 1 ; ! a j I ' I i , ! i I I � I ; 1 I I I f f EXHIBIT D I -- ---- N e9.1a-719 Ifox -- i Til ,ail i l!!:; I 4Y I w iv i(i — ;m I i Ijf •:!i!!�!!L•!:�� — --N59-17_4i5 194.01EM — IPA i jE I ! I D A raN V �O by I i EXHIBIT D 4/412014 Public HealthOPERATION I PERFORMANCE MONITORING REPORT Seattle &King County LQ Environmental Health Division,14350 SE Eastgate Way,Bellevue,WA 98007,Tel.(206)296-4920 Inspection Type:PROPERTY SAGE - Correction Status:All corrections made Tax ID:2022059240 Inspection Date: 04/03/2014 GENERAL SYSTEM TYPE:Gravity Customer I Property Owner Name: �I Slfc Addressi 10820 SE 248TH ST City: KENT ft4nN Address) City: Zip: OShl Cenrparty AQUATEST,INC. OSN1 Neale: Travis Stoneburner OSNIToIH: (425)432-9360 COMMENTS&GENERAL INSPECTION NOTES Datkendes Were Noted.•Corrections were made to resolve the deflclencles, olst ibudoA boxwos replaced by Sunset SopUo service.Aqua Test returned to run a stress test after the box was replaced. Rena 46e gallon Imes lest passed. GENERAL SITE&SYSTEM CONDITIONS Th-e—do—Aeral Sae and System Conditions ware: -- - Fully nspected - All Components accesalhla formainlensnce,secure end M goad cond8lan; YES If a dye test was performed,did the dye surface?(WA It no dye tool) NIA Moentleaking onta Ilm surface of the ground from any component?(If yes,explain In comments) NO Improper encroachment(roads,buildings,eta.)onto componential: NO _ Component seating problems observed: NO Subsurface components adequately covered YES Period average daily flaw(gelions per day) NIA Site maintenance required(eg.Landscape maintenance)Ifyes,describe in comments: NO Occupant compliance problem(occupant not operating the system property). If YES,describe In notes: NO Structures connected to onsite sewago system occup;ed.IfNO.explalNn comments; NO Aiterdlons made to the OSS(valves adjusted,Umer so8ings modl ted,pods Inalelled,etc.)(It YES, NO dosedbe in notes): - Risers and IIds sewred: NIA OSS Working Property YES Pre-falling Signs No Recard Drawing Moddled NO Record Drawing New YES ONSITE SEWAGE SYSTEM INSPECTION DETAIL MIN This component was: Futy Inspected Emuenllevel within operallonal limits in NO exp ala In comments): YES All required bathes In place,(NIA u No baffles required): YES Effluent Feter Cleaned(01A:Not Presen0: WA Compartment 1 Scum accumulation(Inches,g other speclfy): 2 Compartment 1 Sludge accumulation(inches,If otherspedfy): 10 Compartment 2 Scum accumulation(Inches,If other speelfy): r Compartment Sludge accumulation(Inches,if otherapec'dyg a Pumping needed: No modHteaffoNrepairwss completed on the component(f yes,provide detall In wrnmentag o a : This component was: Furs Inspected Componantapp"m to be Nnodon ng as faumded: 0 Garrotted modmcaUwJrepabwas completed on the component(If yea,provide detah in comments): YES ma nradMN 'aadaM drho ands aaWaae enkm r ds ass ardat N no my a U"npwrr0wadea d.xw1bd ar roan pa Mffln. Roporti0:368301 Now inspection reports online atvnwt.onlNerma.com Page d of 2 i EXHIBIT D This component was: Fury Inspsded Component settling problems observed: NO Surface valor,downspouts diverted away from dfalyd eld: YES Load last performed with asikfactOry results(NrA=Not Performed$ YES Evidence of vehiculartaf6a or Mestock over dratnfleld: NO Observation park present and accessitse: N/A Amethod,such as 90fatlon,was used to reduce dogging of the bfamat in Otis component(if yea, NO provide dotal In comments): A modifIcAgWrepairwas completed on the component(O yes,pmvlde delaff in comrnenk): NO TA' pattr H wee M Ctne&r afthc mee.vaM V'ran k ei @Nowt bra worltWtrepafrp�ran�crepanemwMvernkrm+rea. RapadlD:366301 Vkwinspection reports onfinsatw .onitnormccom Page 2of2 Hf IT This component Was: FumyinspeUed Componenlsetling problems observed: NO Sudsee wale"downspouts diveded away from dralnfefd: YES Load test pertormed whh sagsfaclory results(NIA-Not Performed): YES Evidence olvehieulsr uaMcor livestock over drainnefd: NO Observamon parts present and accessible: WA A method,such as aerallon,was used to reduce clogging of the blamat In We ccmponent(If Yes, No provide detail in commanls): A madlfioalfonfrepairvras completed on gie Component(If yas,pmvtdo detail in commenis): No Tws rcDertND3afts eert eanadedsacs aftnnarD same sysfzm eraN rns ofHSZ Hr.D,n/nWsrepadDauromee cfopesaEona Mvapeffcmv:tt. KsportIO:M101 Vlew)naapactlan reports came atwww'onllnemle,Com Page 2 of 2 REQUEST FOR MAYOR'S SIGNATURE T Please Fill in All Applicable Boxes Reviewed by Director Originator's Y tor's Name: Brian. Levenhagen Dept/Div: Parks Planning' & Development Extension: 5116 X /� / t Date Sent: 6/2 14 Date Required: Return to: Lynn Osborn for Brian CONTRACT TERMINATION DATE: VENDOR: Anne Finne DATE OF COUNCIL APPROVAL: Exec. Session ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable Brief Explanation of Document: Purchase & Sale Agreement for City to purchase property at 10820 SE 248"' St. in Kent from owner Anne Finne; property is adjacent to Morrill Meadows Park. Earnest Money $15,000.00 Purchase Price $310,000.00 All Contracts Must Be Routed Through The Law Department (T:hlsrarea to be.compieted by the Law Department) Received: Approval of Law Dept.: Law Dept. Comments: DatleFolrwarded to Mayor: ..... Shaded Areas To Be Completed By Administration Staff Received: Recommendations and Comments: 4— 4, Disposition: e, Z,- z- [Di Date R-eturned: