HomeMy WebLinkAboutPW13-276 - Original - Thomas & Janice Baxter - Purchase of 22254 Russell Rd - 09/20/2013 �aa4� 'T A
��.. Records Mr � eme�
KENTNY
Document
W ASHIH OTON 0¢ ��r6,�"�.-
k sib 0"
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: Thomas and Janice Baxter
Vendor Number:
JD Edwards Number
Contract Number:
This is assigned by City Clerk's Office
Project Name: Lower Russell Road Levee Project
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract
® Other: Purchase and Sale
Contract Effective Date: 9/18/13 Termination Date,
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Mark Madfai/ Ingrid Willms-Dixon Department: PW
Design Engineering
Detail: (i.e. address, location, parcel number, tax id, etc.):
22254 Russell Road, Kent 98032, Tax parcel #102204-9024;
Deed to City recorded October 15, 2013, recording number 20131015000604
C' t/J
S:Publlc\RecordsManagement\Farms\ContractCover\adcc7832 1 11/08
REAL ESTATE PURCHASE AND SALE AGREEMENT
WITH EARNEST MONEY PROVISION BETWEEN CITY OF KENT AND THOMAS
AND JANICE C. BAXTER
This Agreement is entered between the CITY OF KENT, a Washington
municipal corporation, authorized by the Kent City Council on September 17,
2013 ("Buyer") whose mailing address is 220 4`" Avenue South, Kent, Washington
98032-5895, and Thomas Baxter and Janice C. Baxter, husband and wife,
("Seller") whose mailing address is 11660 S.E. 52nd Street, Bellevue, WA
98006, for the sale and purchase of real property as follows:
1. PROPERTY. The Property, which Buyer agrees to buy and Seller
agrees to sell, is known as King County Tax Parcel Number 102204-9024, located
at 22254 Russell Road, Kent, WA 9803.2 ("Property"). The Property is legally
described in Exhibit "A", attached hereto and incorporated herein by this
reference.
2. EARNEST MONEY. Within ten working (10) days of mutual
acceptance of this Agreement, Buyer shall remit to Seller the sum of Five
Thousand Dollars and NO/100ths ($5,000.00) in the form of a Certified Check,
as refundable earnest money to be applied toward the purchase price of the
Property payable at Closing.
3. PURCHASE PRICE. The total purchase price for the Property is One
Hundred Ninety-Two Thousand Five Hundred Dollars and NO/100ths
($192,500.00), 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.
(b) Buyer's receipt of Seller's information contained in the Real Property
Transfer Disclosure Statement ("Disclosure Statement") the form of
Buyer's Initial¢ y Seller's Initials Seller's initials
Real Estate Purchase and Sale Agreement
Between City of Kent and Thomas and Janice Baxter Page I of
which is set forth in Exhibit "B." Seller shall complete one form for
each dwelling unit or specify which dwelling unit is being referenced in
the form. The Disclosure Statement shall be completed by the Seller
within ten (10) days from the date of mutual acceptance of the
Agreement. Within five (5) days of Buyer's receipt of the Disclosure
Statement from Seller, Buyer shall either approve and accept the
Disclosure Statement, or rescind the Agreement to purchase the
Property, in its sole and absolute discretion. If Buyer does not deliver a
written rescission notice to Seller within the five (5) day period,
Disclosure Statement will be deemed approved and accepted by Buyer.
(c) A feasibility Study as follows:
i. Buyer shall have sixty (60) days from the date of mutual
acceptance of this Agreement to determine, in Buyer's sole and
absolute discretion, if the Property is feasible for the purposes
and uses intended.
ii. Buyer's feasibility study may include (but is not limited to) a
Phase I and/or Phase II environmental assessment, to
determine if the Property is feasible for the purposes and uses
intended.
iii. A Phase I environmental assessment generally will consist of a
review of title of ownership and land use, review of geologic and
hydrologic maps of the area, review of federal and state
databases for known hazardous water generators or
contaminated sites, and a site visit. If the Phase I review
reveals the potential of a contaminated site, a Phase II
environmental assessment may be conducted which generally
will consist of on-site sampling, including the digging or boring
of test holes for soil samples. BY EXECUTING THIS
AGREEMENT, SELLER HEREBY AUTHORIZES BUYER A RIGHT OF
ENTRY ON TO THE PROPERTY FOR THE PURPOSE OF
CONDUCTING THIS FEASIBILITY STUDY INCLUDING A PHASE I,
Buyer's Initials Seller's Initials -'' Seller's Initiah5�
Real Estate Purchase and Sale Agreement
Between City of Kent and Thomas and Janice Baxter Page 2 of
li
AND IF NECESSARY, A PHASE II ENVIRONMENTAL
ASSESSMENT. SELLER WILL BE NOTIFIED IF A PHASE II
ENVIRONMENTAL ASSESSMENT IS TO BE CONDUCTED.
iv. Buyer agrees to conduct its feasibility study at its sole cost and
expense; and if Buyer does not remove the feasibility
contingency, then Buyer also agrees, if requested by Seller, to
deliver to Seller copies of all information and documentation
obtained by Buyer in connection with its feasibility study.
V. If Buyer fails to notify Seller of its approval of the Property, in
writing, on or before the expiration of the feasibility period, then
this Agreement shall be terminated, and neither Buyer nor
Seller shall have any further rights, duties or obligations
hereunder, except that the Earnest Money 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
Deed, free and clear of all liens, encumbrances or defects except those described in
Schedule B, paragraph(s) 4 through 14 of Title Report Number 1125260,
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.
Buyer's Initial Seller's Initials Seller's Initials :
, f
Real Estate Purchase and Sale Agreement
Between City of Kent and Thomas and Janice Baxter Page of
6. CLOSING COSTS AND PRO-RATIONS. The Excise Tax shall be paid
by Buyer. 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.
7. CLOSING OF THE SALE. WITH THE UNDERSTANDING THAT TIME IS
OF THE ESSENCE FOR THIS AGREEMENT, this sale shall be closed on or before
December 31, 2013, 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 a certified check, all
instruments and monies required to complete the transaction in accordance with
this Agreement. Closing, for the purpose of this Agreement, is defined as the date
that all documents are executed and the sale proceeds are available for
disbursement to the Seller.
a. CASUALTY LOSS. If, prior to Closing, improvements on the Property
shall be destroyed or materially damaged by fire or other casualty, this
Agreement, at option of the Buyer, shall become null and void.
9. POSSESSION. Buyer shall be entitled to possession on Closing.
10. 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.
11
f °
Buyer's Initial Seller's Initials Seller's Initials I
Real Estate Purchase and Sale Agreement
Between City of Kent and Thomas and Janice Baxter Page 4 of
i
I
11. SELLER'S ENVIRONMENTAL REPRESENTATIONS. Seller
represents that, to the best of Seller's knowledge, Seller is not aware of the
existence of, or has caused or allowed to be caused, any environmental condition
(including, without limitation, a spill, discharge or contamination) that existed as of
and/or prior to Closing or any act of omission occurring prior to Closing, the result
of which may require remedial action pursuant to any federal, state or local law or
may be the basis for the assertion of any third party claims, including claims of
governmental entities. This provision shall survive Closing and be in addition to
Seller's obligation for breach of a representation or warranty as may be set forth
herein.
12. 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.
13. 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
Buyer's Initials Seller's Initials Seller's Initial§
Real Estate Purchase and Sale Agreement
Between City of Kent and Thomas and Janice Baxter Page 5 of
litigation on account of Buyer's default. Buyer and Seller believe said
amount to be a fair estimate of actual damages.
(b) Seller's Default. If Seller defaults hereunder, Buyer shall have all the
rights and remedies available at law or in equity.
(c) Attorney's Fees and Costs. In the event of litigation to enforce any of
the terms or provisions herein, each party shall pay all its own costs
and attorney's fees.
14. 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.
i
15. 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.
16. 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:
Ingrid Willms-Dixon, Project Analyst
City of Kent
220 Fourth Avenue South
Kent, WA 98032
idixon@kentwa.gov
F
I
c, g�
Buyer's Initials Seller's Initials Seller's Initials
Real Estate Purchase and Sale Agreement "I
Between City of Kent and Thomas and Janice Baxter Page 6 of
b All notices to be given to Seller shall be addressed as follows:
Thomas and Janice Baxter
11660 S.E. 52nd Street
Bellevue, WA 98006
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.
17. 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.
17.1 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.
I
IS. ENTIRE AGREEMENT. This Agreement, including all incorporated
exhibits, constitutes the full understanding between Seller and Buyer. There have
been no verbal or other agreements that modify this Agreement.
19. BINDING EFFECT AND SURVIVAL. This Agreement shall be binding
upon parties hereto and their respective heirs, successors and assigns; and the
terms, conditions and provisions of this Agreement shall survive the Closing of this
transaction.
Buyer's Initials" l Seller's Initials ` Seller's Initiar&
Real Estate Purchase and Sale Agreement j
Between City of Kent and Thomas and Janice Baxter Page 7 of
20. DATE OF MUTUAL ACCEPTANCE. For the purposes of this
Agreement, the date of mutual acceptance of this Agreement shall be the last date
on which the parties to this Agreement have executed this Agreement as indicated
below.
21. EXPIRATION OF OFFER. Seller shall have only until 5:00 pm on
October 4, 2013, to accept the Agreement as written, by delivering a signed copy
thereof to the Buyer or Buyer's agent. If Seller does not so deliver a signed copy
within said period, this Agreement shall lapse and all right of the parties hereunder
shall terminate.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date set forth below.
BUYER:
CITY OF KENT
By:
uze te . oke
Its` _ Maydr�
Dated: `� �
SELLER:
By: ��-
Thomas Baxter
Dated:
By:
anice C. Baxter
P:\Clvil\Files\Open Files\01]]-2013-Public Works General\Baxter FInal.Docx f�� .�
Buyer's Initials - Seller's Initials ,� - Seller's Initials. ! _l
(r'
Real Estate Purchase and Sale Agreement
Between City of Kent and Thomas and Janice Baxter Page 8 of
EXHIBIT A ® LEGAL DESCRIPTION
Real property in the County of King, State of Washington, described as follows:
PARCEL A;
The south half of the following portion of Government Lot 2 1n Section 10,Township 22 Noah, Range 4
East,
W.M., in King County, Washington:
Beginning at a point 60 feet east of the northwest corner of the David A. Neeley Donation Claim No. 37
on the east bank of the White River;
thence east 535.26 feet;
thence north 165 feet;
thence west 507.54 feet;
thence south 14000,00" west 118.80 feet;
thence south 49.5 feet to the point of beginning;
EXCEPT roads.
PARCEL B:
That portion of the following described property lying within Government Lot 2, Section 10,Township 22
North, Range 4 East,W.M., in King County, Washington:
The south 82.5 feet of the following:
Beginning at the Intersection of the north line of the David A. Neely Donation Claim No, 37 and the east
line of the White River;
thence northerly along said east line 126 feet;
thence north 33030'00"east to an Intersection with the west line of T.S, Russell Road Revision;
thence southerly to a point 165 feet north of the north line of said Donation Claim;
thence easterly to a point 507.54 feet west of a point 595.26 feet east of the northwest corner of said
Donation Claim;
thence south 14000'00"west 118,8 feet;
thence south 49.5 feet to the north line of said Donation Claim;
thence westerly along said north line to the point of beginning;
EXCEPT county road.
Tax Parcel Number: 102204-9024-01
Situs Address: 22254 Russell Road South, Kent,WA 98032
da
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 AR€.MADE BY SELL( OUT THE CONDITION OF THE
PROPERTY LOCATED AT .`� `/ ', zN II �, KENT, WASHINGTON, ("THE
PROPERTY"), OR AS LEGALLY DESCRIBED ON ATTACHED EXHIBIT A.
i
SELLER MAKES THE FOLLOWING DISCLOSURES OF EXISTING MATERIAL FACTS OR
MATERIAL DEFECTS TO BUYER BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE
PROPERTY AT THE TIME SELLER COMPLETES THIS DISCLOSURE STATEMENT. UNLESS YOU
AND SELLER OTHERWISE AGREE IN WRITING, YOU HAVE FIVE BUSINESS DAYS FROM THE
DAY SELLER OR SELLER'S AGENT DELIVERS THIS DISCLOSURE STATEMENT TO YOU TO
RESCIND THE AGREEMENT BY DELIVERING A SEPARATELY SIGNED WRITTEN STATEMENT
OF RESCISSION TO SELLER OR SELLER'S AGENT. IF THE SELLER DOES NOT GIVE YOU A
COMPLETED DISCLOSURE STATEMENT, THEN YOU MAY WAIVE THE RIGHT TO RESCIND
PRIOR TO OR AFTER THE TIME YOU ENTER INTO A SALE AGREEMENT.
THE FOLLOWING ARE DISCLOSURES MADE BY SELLER AND ARE NOT THE
REPRESENTATIONS OF ANY REAL ESTATE LICENSEE OR OTHER PARTY. THIS
INFORMATION IS FOR DISCLOSURE ONLY AND IS NOT INTENDED TO BE A PART OF ANY
WRITTEN AGREEMENT BETWEEN BUYER AND SELLER.
FOR A MORE COMPREHENSIVE EXAMINATION OF THE SPECIFIC CONDITION OF THIS
PROPERTY YOU ARE ADVISED TO OBTAIN AND PAY FOR THE SERVICES OF QUALIFIED
EXPERTS TO INSPECT THE PROPERTY, WHICH MAY INCLUDE, WITHOUT LIMITATION,
ARCHITECTS, ENGINEERS, LAND SURVEYORS, PLUMBERS, ELECTRICIANS, ROOFERS,
BUILDING INSPECTORS, ON-SITE WASTEWATER TREATMENT INSPECTORS, OR
STRUCTURAL PEST INSPECTORS. THE PROSPECTIVE BUYER AND SELLER MAY WISH TO
OBTAIN PROFESSIONAL ADVICE OR INSPECTIONS OF THE PROPERTY OR TO PROVIDE
APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN THEM WITH RESPECT TO ANY
ADVICE, INSPECTION, DEFECTS OR WARRANTIES.
Seller_ is/ is not occupying the property.
I. SELLER'S DISCLOSUREESS: / ( I
DATE: SELLE SELLER: r-
Seller's Disclosure Statement - Page 1 of 10
Improved
*If you answer "Yes" to a question with an asterisk (*), please explain your answer and
attach documents, if available and not otherwise publicly recorded. If necessary, use an
attached sheet.
1. TITLE
Yes [ ] No [ ] Don't know A. Do you have legal authority to sell the
property? If no, please explain.
[ ] Yes [ANo [ ] 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 Mo [ ] 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 KDon't know *E. Are there any rights-of-way, easements,
or access limitations that may affect the Buyer's
use of the property?
[ ] Yes `Pof,,No [ ] Don't know *F. Are there any written agreements for joint
maintenance of an easement or right-of-way?
[ ] Yes No [ ] Don't know *G. Is there any study, survey project, or
[�A 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?
F
[ ] Yes [ ] No [,in't know *J. Is there a boundary survey for the
o' property?
[ ] Yes [ ] No Ftl'Don't know *K. Are there any covenants, conditions, or
restrictions recorded against the property?
DATE: SELLER: & / SELLER:-- /
Seller's Disclosure Statement - Page 2 of 10
Improved
2. WATER
A. Household Water
(1) The source of water for the property is:
Private or publicly owned water system
[ ]lprivate well serving only the subject
Property
*[ ] Other water system
[ ] Yes [ ] No [ ] Don't know * If shared, are there any written agreements?
[ ] Yes [ ] No 0XIzon't know *(2) Is there an easement (recorded or
unrecorded) for access to and/or maintenance of
the water source?
[ ] Yes J( ]`No [ ] Don't know *(3) Are there any problems or repairs
needed?
Yes [ ] Don't know (4) During your ownership, has the source
r" provided an adequate year-round supply of
i, potable water? If no, please explain.
4�
[ ] Yes jNo [ ] Don't know *(5) Are there any water treatment systems
for the property? If yes, are they [ ] Leased
[ ] Owned.
[ ] Yes NNo [ ] 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,
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)
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?
[ ] Yes [ ] No [ ] Don't know r � *(a) If ye ; has II or any porti of thgJ
DATE: 6`2 /3, SELLER: �i dda SELL R z
Seller's Disclosure Statement - Page 3 of 10
Improved
water right not been used for five or more
successive years?
[ ] Yes [ ] No [ ] Don't know *(b) If so, is the certificate available? (If
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 [ o [ ] Don't know *(2) Does the property receive irrigation water
d from a ditch company, irrigation district, or other
entity? If so, please identify the entity that
supplies irrigation water to the property:
C. Outdoor Sprinkler System
[ ] Yes [ No [ ] Don't know (1) Is there an outdoor sprinkler system for
the property?
[ ] Yes [ ] No [ ] Don't know *(2) If yes, are there any defects in the
system?
[ ] Yes [ ] No [ ] Don't know *(3) If yes, is the sprinkler system connected
to irrigation water?
3. SEWER/SEPTIC SYSTEM
A. The property is served by:
jig-Public sewer system
[ ] On-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 �(,No [ ] Don't know *C. Is the property subject to any sewage
system fees or charges in addition to those
covered in your regularly billed sewer or on-site
sewage system maintenance service?
D. If the property is connected to an on-
site sewage system:
DATE: 4',A7- 12 SELLER: SELLER, o•
Seller's Disclosure Statement - Page 4 of 10
Improved
[] Yes [] No [] Don't know *(1) Was a permit issued for its
construction, and was it approved by the
local health department or district
following its construction?
(2) When was it last pumped:
[ ] Yes [ ] No [ ] Don't know *(3) Are there any defects in the
operation of the on-site sewage system?
[ ] Don't know (4) When was it last inspected?
By whom:
[ ] Don't know (5) For how many bedrooms was the
on-site sewage system approved?
Bedrooms
Yes [ ] No [ ] Don't know E. Are all plumbing fixtures, including
laundry drain, connected to the sewer/on-site
sewage system? If no, please explain:
[ ] 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 4. STRUCTURAL OR
ITEM 5. SYSTEMS AND FIXTURES.
4. STRUCTURAL
[ ] Yes [XNo [ ] Don't know *A. Has the roof leaked?
[ ] Yes [�No [ ] Don't know *B. Has the basement flooded or leaked?
[ ] Yes �<No [ ] Don't know *C. Have there been any conversions,
additions, or remodeling?
[ ] Yes [ ] No [ ] Don't know *(1) If yes, were II building permits
/ obtained?
DATE: �' I !� SELLER:, -?;&/, � r.$ SELLER/
Seller's Disclosure Statement - Page 5 of 10
Improved
[ ] Yes [ ] No [ ] Don't know *(2) If yes, were all final inspections
obtained?
[ ] Yes [ ] No Don't know D. Do you know the age of the house? If
yes, year of origin I construction:
[ ] Yes [ ] No >q Don't know *E. Has there been an settling, slippage, or
sliding of the property or its improvements?
[ ] Yes [ ] No Don't know *F. Are there any defects with the following:
(If yes, please check applicable items and
-� explain.)
❑ Foundations ❑ Decks ❑ Exterior Walls
❑ Chimneys ❑ Interior Walls ❑ Fire Alarm
❑ Doors ❑ Windows ❑ Patio
❑ Ceilings ❑ Slab Floors ❑ Driveways
❑ Pools ❑ Hot Tub ❑ Saunas
❑ Sidewalks ❑ Outbuildings ❑ Fireplace
❑ Garage Floors ❑ Walkways ❑ Siding
❑ Other ❑ Wood Stoves
[ ] Yes No [ ] Don't know *G. Was a structural pest or"whole house"
inspection done? If yes, when and by whom was
the inspection completed?
[ ] Yes [ No [ ] Don't know H. During your ownership, has the property
had any wood destroying organism or pest
infestation?
[ ] Yes No [ ] Don't know I. Is the attic insulated?
[ ] Yes [ ] No [ ] Don't know J. Is the basement insulated?
5. SYSTEMS AND FIXTURES
*A. If any of the following systems or fixtures
are included with the transfer, are there any
defects? If yes, please explain.
[ ] Yes • Electrical system, including wiring,
7 switches, outlets, and service.
[ ] Yes [ "-Tw • Plumbing system, including pipes,
faucets, fixtures, and toilets.
[ ] Yes [Of } t3r"t know • Hot water tank
[ ] Yes [ ] No Don't know • Garbage disposal
DATE: l `�27 / 3 SELLER:r�7 SELLER:
Seller's Disclosure Statement - Page 6 of 10
Improved
:]4Yes [ ] No [ ] Don't know • Appliances
[ ] Yes [ ] No [ ] Don't know • Sump pump
J�XYes [ ] No [ ] Don't know • Heating and cooling systems
[ ] Yes [1Q No [ ] Don't know • Security system
[ ] Owned [ ] Leased
[ ] Other
*e. 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 [ ] No [ ] Don't know Other:
*C. Are any of the following kinds of wood
t burning appliances present at the property?
[ ] Yes Nq ] Don't know (1) Woodstove?
{ r
[ ] Yes ] Don't know (2) Fireplace insert?
,Yes [ ] No [ ] Don't know (3) Pellet stove?
[ ] Yes k� ] Don't know (4) Fireplace?
[ ] Yes [ ] No [Aon't know If yes, are all of the (1) woodstoves or (2)
fireplace inserts certified by the U.S.
Environmental Protection Agency as clean
burning appliances to improve air quality and
public health?
6. HOMEOWNERS' ASSOCIATION/COMMON INTERESTS
[ ] Yes No [ ] Don't know A. Is there a Homeowners' Association?
Name of the Association and contact information
for an officer, director, employee, or other
authorized agent, if any, who may provide the
association's financial statements, minutes,
bylaws, fining policy, and other information that
is not publicly available.
DATE: SELLER'., ✓✓" fr SELLE72� 7
Seller's Disclosure Statement - Page 7 of 10
Improved
[ es [ ] No [ ] Don't know B. Are there regular periodic assessments:
r "J $ per [ ] Month [ ] Year
[ ] Other
fees [ ] No [ ] Don't know *C. Are there any pending special
assessments?
[ ] [ ] No t know *D. Are there any shared "common areas" or
any joint maintenance agreements (facilities such
as walls, fences, landscaping, pools, tennis
f" ,r courts, walkways, or other areas co-owned in
undivided interest with others)?
7. ENVIRONMENTAL
[ ] Yes � No [ ] Don't know *A. Have there been any flooding, standing
\\ water or drainage problems on the property that
affect the property or access to the property?
[ ] Yes YNo [ ] Don't know *B. Does any part of the property contain fill
dirt, waste or other fill material?
[ ] Yes , [ Vo [ ] Don't know *C. Is there any material damage to the
property from fire, wind, floods, beach
movements, earthquake, expansive soils, or
landslides?
Yes [ ] No [ ] Don't know D. Are there any shorelines, wetlands,
tt floodplains, or critical areas on the property?
[ ] Yes O [ ] 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
r� utility equipment installed, maintained, or buried
on the property that do not provide utility service
to the structures on the property?
[ ] Yes r�1 No [ ] Don't know *I. Has the property been used as a legal or
77 illegal dumping site?
[ ] Yes No [ ] Don't know *J. Has the property been used as an illegal
ug manufacturing syt5.
DATE: < 27- 13 SELLER• -/%u ✓ C, SELLERI:i
Seller's Disclosure Statement - Page 8 of 10
Improved
i
[ ] Yes No [ ] Don't know *K. Are there any radio towers in the area
-- that may cause interference with cellular
telephone reception?
S. MANUFACTURED AND MOBILE HOMES
If the property includes a manufactured or mobile home,
[ ] 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?
9. FULL DISCLOSURE BY SELLERS
A. Other conditions or defects:
[ ] Yes No [ ] Don't know *Are there any other existing material defects
affecting the property that a prospective buyer
should know about?
B. Verification:
The foregoing answers and attached explanations
(if any) are complete and correct to the best of
my/our knowledge and I/we have received a
copy hereof. I/we authorize all of my/our real
estate licensees, if any, to deliver a copy of this
disclosure statement to other real estate
licensees and all prospective buyers of the
property.
i
DATE: b ?• SELLER: SELLER: :G
Seller's Disclosure Statement - Page 9 of 10
Improved
NOTICE TO THE BUYER
INFORMATION REGARDING REGISTERED SEX OFFENDERS MAY BE OBTAINED FROM LOCAL
LAW ENFORCEMENT AGENCIES. THIS NOTICE IS INTENDED ONLY TO INFORM YOU OF
WHERE TO OBTAIN THIS INFORMATION AND IS NOT AN INDICATION OF THE PRESENCE OF
REGISTERED SEX OFFENDERS.
II. BUYER'S ACKNOWLEDGMENT
A. Buyer hereby acknowledges that: Buyer has a duty to pay diligent attention to any
material defects that are known to Buyer or can be known to Buyer by utilizing diligent
attention and observation.
B. The disclosures set forth in this statement and in any amendments to this statement
are made only by the Seller and not by any real estate licensee or other party.
C. Buyer acknowledges that, pursuant to RCW 64.06.050(2), real estate licensees are
not liable for inaccurate information provided by Seller, except to the extent that real estate
licensees know of such inaccurate information.
D. This information is for disclosure only and is not intended to be a part of the written
agreement between the Buyer and Seller.
E. Buyer (which term includes all persons signing the "Buyer's acceptance" portion of
this disclosure statement below) has received a copy of this Disclosure Statement (including
attachments, if any) bearing Seller's signature.
DISCLOSURES CONTAINED IN THIS DISCLOSURE STATEMENT ARE PROVIDED BY SELLER
BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME SELLER
COMPLETES THIS DISCLOSURE STATEMENT. UNLESS BUYER AND SELLER OTHERWISE
AGREE IN WRITING, BUYER SHALL HAVE THREE BUSINESS DAYS FROM THE DAY SELLER
OR SELLER'S AGENT DELIVERS THIS DISCLOSURE STATEMENT TO RESCIND THE
AGREEMENT BY DELIVERING A SEPARATELY SIGNED WRITTEN STATEMENT OF RESCISSION
TO SELLER OR SELLER'S AGENT. YOU MAY WAIVE THE RIGHT TO RESCIND PRIOR TO OR
AFTER THE TIME YOU ENTER INTO A SALE AGREEMENT.
BUYER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS DISCLOSURE STATEMENT
AND ACKNOWLEDGES THAT THE DISCLOSURES MADE HEREIN ARE THOSE OF THE SELLER
ONLY, AND NOT OF ANY REAL ESTATE.LICENSEE OR OTHER PARTY.
.y,�.. ;, .— t -sz--BUYER:
DATE: � ✓ r BUYER.
f
f_
BUYER'S WAIVER OF R�T"T ECEIVE 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: 7 SELLER:5�;-jX>K; SELLER:
Seller's Disclosure Statement - Page 10 of 10
Improved
EXHIBIT C —SPECIAL EXCEPTIONS
4. Any question as to the location of the boundaries of Parcel A.The point of beginning is a point
"60 feet east of the northwest corner of the David A. Neeley Donation Claim No. 37 on the east
bank of the White River."This point appears to be transitory,depending upon the shifting,
movement or change in course of the Green River(White River), We note discrepancies between
King County Assessor's map and survey recorded under Recording No. 9003099017.
S. Any question or claim as to the exact location of T,S, Russell Road Revision. We note
discrepancies as to location between King County Assessor's map and survey recorded under
Recording No, 9003099017,
6, Any question or claim as to the exact location of the westerly boundary of Government Lot 2.
Due to the shifting, movement or change in course of the Green River(White River), we are
unable to determine the exact location of said westerly boundary, as established by Federal
Survey, May 21, 1863.
Affects Parcel B
7, Right of the State of Washington in and to that portion, if any, of the property herein described
which Iles below the line of ordinary high water of the,Green (White) River.
S. Any prohlbition of or limitation of use, occupancy or improvement of the land resulting from the
rights of the public or riparian owners to use any portion which is now or has been formerly
covered by water.
9. Any question that may arise due to shifting and changing In course of the Green (White) River.
10. Paramount rights and easements in favor of the United States for commerce, navigation, fisheries
and the production of power.
11. Terms and conditions of City of Kent Ordinance No. 261.6, recorded under Recording No.
8610160888, including, but not limited to, restrictions regarding access to T.S. Russell Road
Revision,
12. Terms and conditions of City of Kent Ordinance No. 2544, providing for the creation of the Green
River Corridor Special Interest District and for protective use restrictions on land adjoining the
river. Notice of said Ordinance is given by recital contained In Instrument recorded under
Recording No. 8610160888,
13. Conditions, notes,easements, provisions and/or encroachments contained or delineated on the
face of the Survey recorded under Recording No, 9003099017.
14, Easement, Including terms and provisions contained therein:
Recording Information: 20021017002919
In Favor of: Gty of Kent
For: Sanitary sewer main, with necessary appurtenances
REQUEST FORMAYOR'S SIGNATURE
T Please Fill in All Applicable Boxes / {
L6'0
Fued by Director
Originator's Name: Nick Horn De t/Div. PW Eng. Design`Extension:5508 or 5529
Date Sent: September 20, 2013 Date Re uired: September 24, 2013
Return to: Nancy Yoshitake to return to N. CONTRACT TERMINATION DATE: Oct. 4, 2013
Horn for seller to return documents
VENDOR: DATE OF COUNCIL APPROVAL: Sept. 17 2013.—
ATTACH ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable
Brief Explanation of Document:
Real Estate and Sale Agreement with Earnest Money Provision between City of Kent &
Thomas & Janice (Ann) Baxter — � ��
Address:22254 Russell Road Kent, WA
Parcel: 102204-9024
Purchase Price: $192,500.00
All Contracts Must Be flouted Through The Law Department
(This area to be completed by the Law Department)
Received:
i
Approval of Layyflt t_. ` s DE> "�,
tom.
Law Dept. Comments: s a,
Date Forwarded to Mayor. '
.shaded Areas To Be, rorbt F, a�pi � �taft
Received:
Recommendations and Comments: C it ,of Kent
Off ic", of the hila"17,01,
Disposition:
/f<zf
Date Returned: