HomeMy WebLinkAboutPW14-246 - Original - Kimberly K. Voss - Purchase of 22274 Russell Rd S - Lower Russell RD Levee Project Condemnation - 10/07/2014 ��►. Records M a r a-geAm e
KENT Document
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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.
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Vendor Name: Kimberly K. Voss
Vendor Number:
JD Edwards Number
Contract Number:
A4
This is assigned by City Clerk's Office
Project Name: Lower/Lowest Russell Road Levee Project Condemnation
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract
® Other: Purchase and Sale Agreement
Contract Effective Date: 10/7/2014 Termination Date: NONE
Contract Renewal Notice (Days): N/A
Number of days required notice for termination or renewal or amendment
Contract Manager: Ingrid Williams-Dixon Department: Public Works
Contract Amount: $281,000
Approval Authority: (CIRCLE ONE) Department Director Mayor " City Counci
Detail: (i.e. address, location, parcel number, tax id, etc.):
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As of: 08/27/14
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REAL ESTATE PURCHASE AND SALE AGREEMENT
WITH EARNEST MONEY PROVISION.BETWEEN
CITY OF KENT AND KIMBERLY K. VOSS
This Agreement is entered between the CITY OF KENT, a Washington
municipal corporation, authorized by the Kent City Council on lu 01 7�i
("Buyer"), whose mailing address is 220 4t" Avenue South, Kent,
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Washington 98032-5895, and KIM ERLY K. VOSS, a single person ("Seller"),
whose mailing address is 22274 Russell Road South, Kent, Washington
98032, 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 000620-0017, located
at 22274 Russell Road South, Kent, Washington 98032 ("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 Ten Thousand and
NO/100ths Dollars ( 10,000.00), in the form of a Certified Check, as non-
refundable earnest money to be applied toward the purchase price of the Property,
payable at Closing.
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3. PURCHASE PRICE. The total purchase price for the Property is Two
Hundred Eighty-One Thousand and NO/100ths Dollars ($281,000.00),
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: _ 5eller'slnitia1s: Seller's Initials:
Real Estate Purchase and Sale Agreement
Between City of Kent and Kimberly K. Voss Page Page i of
(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
i5-bein',j 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.
Should any of the contingencies not be met prior to Closing, then this Agreement
shall terminate and neither Buyer nor Seller shall have any further rights, duties or
obligations hereunder, except that Seller shall be entitled to retain the Earnest
Money previously deposited by 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 3 of Title Report Number PAK1125262, 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/F 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
Buyer's Xnitia Seller's-,Xnit4ds:Vn Seller's Xhitials:
. f, T I
Real Estate Purchase and Sale Agreement
Between City of Kent and Kimberly K. Voss Page Page 2 of 8
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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.
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7. CLOSING COSTS ARID PRO-RATIONS. Any Excise Tax due 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.
S. CLOSING OF THE SALE. WITH THE UNDERSTANDING THAT TIME IS
OF THE ESSENCE FOR THIS AGREEMENT, this sale shall be closed as soon as
possible, but in any event no later than ninety (90) days from the date of mutual
acceptance of this Agreement, in accordance with Section 20, which shall also be
the termination date of this Agreement, unless said Closing date is extended in
writing by mutual agreement of the parties, In the event the ninetieth (90th) day
falls on a Saturday, Sunday or legal holiday, Closing and the termination date of
this Agreement will be extended until the end of the next business day thereafter.
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
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.
Buyer's%nitials; t .Seller's Initials: Seller's%nitials:
Real Estate Purchase and Sale Agreement
Between City of Kent and Kimberly K. Vass Page Page 3 of
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10. POSSESSION. Buyer acknowledges that Seller is entitled to the
availability of comparable replacement dwelling pursuant to WAC 468-100-204.
Buyer may remain on the premises for up to thirty (30) days after Closing, without
incurring any additional cost, in order to facilitate the acquisition of a suitable
replacement dwelling. Buyer shall be entitled to exclusive possession at the
expiration of this thirty (30) day period, or when Seller is fully moved off of the
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Property, whichever comes first; provided, however, that Seller may elect, if Buyer
agrees, in writing, to continued use, care and management of the Property for up
to an additional sixty (60) days after the initial 30-day period, with reasonable
compensation paid by Seller to Buyer for such continued use.
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
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Buyer's Initials:, Sellers X/itials; Sellers%nitials;
Real Estate Purchase and Sale Agreement
Between City of Kent and Kimberly K. Voss Page Page 4of8
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Seller's obligation for breach of a representation or warranty as may be set forth
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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
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Earnest Money previously paid by the Buyer. Buyer and Seller intend
that said amount constitutes liquidated damages and so as to avoid
other costs and expenses to either party in connection with potential
litigation on account of Buyer's default. Buyer and Seller believe said
amount to be a fair estimate of actual damages.
(b) Seller's Default. If Seller defaults hereunder, Buyer shall have all the
rights and remedies available at law or in equity.
(c) Attorney's Fees and Costs. In the event of litigation to enforce any of
the terms or provisions herein, each party shall pay all its own costs
and attorney's fees.
14. NOTICE TO SELLER. THIS AGREEMENT HAS SIGNIFICANT LEGAL
AND FINANCIAL CONSEQUENCES. SELLER IS ADVISED TO SEEK INDEPENDENT
LEGAL AND FINANCIAL COUNSEL REGARDING THESE CONSEQUENCES.
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15. NON-MERGER. The terms, conditions, and provisions of this j
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:
Buyer's Yrsitials seder's InfHals: Seller's Ynitials:
Real Estate Purchase and Sale Agreement
Between City of Kent and Kimberly K. Voss Page Page 5of8
(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
Telephone: 253-856-5500
Facsimile: 253-856-6500
(b) All notices to be given to Seller shall be addressed as follows:
Kimberly K. Voss
22274 Russell Road South
Kent, WA. 98032
Telephone:SO&—'Tlqf
Facsimile:
(c) All notices to be given to Escrow Agent shall be addressed as follows:
First American Title Insurance Company
Cheri Bakos
Escrow Closer/LPO
555 South Renton Village Place, Suite 760
Renton, WA 98057
Telephone: (425) 873-1694
Facsimile: (800) 360-4596
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
Buyer's xnitials: 411-Ile Seller's Xhitials Seller's Xhitials.,
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Real Estate Purchase and Sale Agreement
Between City of Kent and Kimberly K. Voss Page Page 6 of 8
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to purchase the Property under this Agreement ("Council Authorization"), which
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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 j
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, The City
anticipates bringing this Agreement before the City Council no later than the end of
November, 2014.
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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 that Seller incurs as a result of the City Council's
failure to grant the Council Authorization.
18. ENTIRE AGREEMENT. This Agreement, including all incorporated
exhibits, constitutes the full understanding between Seller and Buyer.y There have
been no verbal or other agreements that modify this Agreement.
14. 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.
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 until 4.30 a.m. on
October 3, 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.
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Buyer's Initials., Seller's Initials., Seller's Initials:
Real Estate Purchase and Sale Agreement
Between City of Kent and Kimberly K. Voss Page Page 7of8
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date set forth below. j
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BUYER:
CITY OF KENT
—Z'e va no��'
(May
Suze to ooke
its r
Dated` 119AII 'I
SE'L/,�E
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By: _
Print Name: IM Vos---;�
Dated: • ` __._
Po\Civli\Files\Open Files\3595-Voss Purchase And Sale Agreement\Purchase And Sale Agreement-Kimberly K.Voss.Doox
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Buyer's Xnitials-, -t--= Seller's Zi4ws: ®_ Seller's%nitials:
Real Estate Purchase and Sale Agreement
Between City of Kent and Kimberly K. Voss Page Page 8 of 8
Exhibit"A"
Vested Owner: KIMBERLY VOSS,AS HER SOLE AND SEPARATE PROPERTY
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Real property in the County of King,State of Washington,described as follows:
THAT PORTION OF THE DONATION CLAIM OF DAVID A. NEELY, DESIGNATED AS CLAIM NO, 37 BEING
PART OF SECTION 10,TOWNSHIP 22 NORTH, RANGE 4 EAST, W,M.,IN KING COUNTY,WASHINGTON,
DESCRIBED AS FOLLOWS:
BEGINNING AT TI IF NORTHEAST CORNER OF SAID DONATION CLAIM;
THENCE WESTERLY,ALONG-THE NORTHERLY LINE THEREOF 2,412.307 FEET,
THENCE SOUTHERLY, PARALLEL WITH THE EASTERLY LINE OF SAID DONATION CLAIM, 279 FEET TO
THE TRUE POINT OF BEGINNING OF THE TRACT HEREIN DESCRIBED;
THENCE WESTERLY, PARALLEL WITH'THE NORTHERLY LINE OF SAID DONATION CLAIM, 214 FEES',
MORE OR LESS,TO COUNTY ROAD, KNOWN AS RUSSELL ROAD;
THENCE SOUTHERLY ALONG SAID COUNTY ROAD TO A POINT IN A LINE WHICH IS PARALLEL WITH
AND 337 FEET SOUTH OF THE NORTHERLY LINE OF SAID DONATION CLAIM;
THENCE EASTERLY ALONG SAID PARALLEL.LINE,TO A POINT IN A LINE WHICH IS PARALLEL WITH
AND 2,412.307 FEET WESTERLY(MEASURED ALONG THE NORTHERLY LINE OF SAID DONATION
CLAIM) FROM THE EASTERLY LINE OF SAID DONATION CLAIM;
THENCE NORTHERLY,ALONG SAID PARALLEL LINE 58 FEET,MORE OR LESS,TO THE TRUE POINT OF
BEGINNING;
TOGETHER WITH-THAT PORTION OF THE DONATION CLAIM OF DAVID A. WESLEY, DESIGNATED AS
CLAIM NO,'37, BEING PORTION OF SECTION 10, 11, 14 AND 15, TOWNSHIP 22 NORTH, RANGE 4 BAST,
W.M., IN KING COUNTY,WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID DONATION CLAIM;
THENCE WESTERLY ALONG THE NORTHERLY LINE THEREOF 2,412.307 FEET,THENCE SOUTHERLY,
PARALLEL WITH THE EASTERLY LINE OF SAID DONATION CLAIM,337 FEET TO THE TRUE POINT OF
BEGINNING OF THE TRACT HEREIN DESCRIBED;
THENCE WESTERLY, PARALLEL WITH THE NORTHERLY LINE OF SAID DONATION CLAIM, 214 FEET,
MORE OR LESS,TO THE COUNTY ROAD, KNOWN AS RUSSELL ROAD;
THENCE SOUTHERLY ALONG SAID COUNTY ROAD TO A POINT IN A LINE WHICH IS PARALLEL WITH
AND 379 FEET SOUTH OF THE NORTHERLY LINE OF SAID DONATION CLAIM;
THENCE EASTERLY ALONG SAID PARALLEL LINE TO A POINT IN A LINE WHICH IS PARALLEL WITH AND
2,412,307 FEET WESTERLY(MEASURED ALONG THE NORTHERLY LINE OF SAID DONATION CLAIM)
FROM THE EASTERLY LINE OF SAID DONATION CLAIM;
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THENCE NORTHERLY ALONG SAID PARALLEL LINE 42 FEET, MORE OR LESS,TO THE TRUE POINT OF
BEGINNING.
Tax Parcel Number; 000620-0017-01
Situs Address: 22274 Russell Road, Kent,WA 98032
Exhibit A to Purchase and Sale Agreement between the City of Kent and Kimberly K.Voss
EXHIBIT B
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SELLER'S DISCLOSURE STATEMENT
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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_ , 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: SELLER: SELLER:
Seller's Disclosure Statement - Improved Exhibit B to Purchase And Sale Agreement
I. SELLER'S DISCLOSURES:
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*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.
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1. TITLE
Yes [ ] No [ ] Don't know A. Do you have legal authority to sell the
property? If no, please explain.
[ ] Yes [ No [ ] Don't know *B. Is title to the property subject to any of
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(1) First right of refusal
(2) Option
(3) Lease or rental agreement
(4) Life estate?
[ ] Yes No [ ] Don't know *C. Are there any encroachments, boundary
N agreements, or boundary disputes?
[ ] Yes JX No [ ] Don't know *D. Is there a private road or easement
agreement for access to the property?
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[ ] 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 ICI No [ ] Don't know *F. Are there any written agreements for joint
!!!TTT maintenance of an easement or right-of-way?
Yes No Don't know *G. Is there an stud survey project, or
] [ ] [ ] Y Y Yt 7
l 0 notice that would adversely affect the property. � c�
[ ] Yes [ ] No Don't know *H. Are there any pending or existing •J
assessments against the property?
[ ] Yes No [ ] Don't know *I. Are there any zoning violations,
nonconforming uses, or any unusual restrictions
on the property that would affect future
construction or remodeling?
[ ] Yes [ ] No [Don't know *J. Is there a boundary survey for the
property?
[ ] Yes [ ] No [,)Q Don't know *K. Are there any covenants, conditions, or �
restrictions recorded against the property?
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DATE: SELLERt _SELLER:
Seller's Disclosure Statement — Improved Exhibit B to Purchase And Sale Agreement
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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
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[ ] Yes [ ] No [ ] Don't know * If shared, are there any written agreements?
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[ ] Yes [ ] No Don't know *(2) Is there an easement (recorded or
unrecorded) for access to and/or maintenance of
the water source?
[ ] Yes No [ ] Don't know *(3) Are there any problems or repairs
needed?
Yes [ ] No [ ] Don't know (4) During your ownership, has the source
provided an adequate year-round supply of
potable water? If no, please explain.
[ ] Yes [ ] Not Don't know *(S) 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
Xr` property associated with Its domestic water
supply, such as a water right permit, certificate,
or claim?
[ ] Yes KNo [ ] Don't know (a) If yes, has the water right, permit,
certificate, or claim been assigned,
transferred, or changed?
[ ] Yes �}d'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)_
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1�0 *(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 f1IQ No [ ] Don't know (1) Are there any irrigation water rights for
the property, such as a water permit, certificate,
�r, or claim?
DATE:((��.11 M SELLER: b/IAl SELLER:
dd Seller's Disclosure Statement — Improved Exhibit e to Purchase And Sale Agreement
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[ ] 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?
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[ ] Yes No [ ] Don't know *(b) If so, is the certificate available? (If
yes, please attach a copy.)
[ ] Yes 6!] No [ ] Don't know *(c) If so, has the water right permit,
W certificate, or claim been assigned,
transferred, or changed? If so, explain:
[ ] Yes No [ ] Don't know *(2) Does the property receive irrigation water
r S 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
KNo
Sthe property?
Yes [ ] 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/ON-SITE SEWAGE SYSTEM
A. The property is served by:
[ ] Public sewer system
On-site sewage system (including
plp , tanks, drainfields, and all other
component parts)
[ ] Other disposal system, please
describe:
[ ] Yes IyJ No [ ] Don't know B. If public sewer system service is available
v! to the property, Is the house connected to the j
sewer main? If no, please explain.
6Jtr§ h1 s o � I
[ ] Yes ,A] 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?
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DATE: SELLER: SELLER:
Seller's Disclosure Statement - Improved Exhibit B to Purchase And Sale Agreement
D. If the property is connected to an on-
site sewage system:
[] Yes [] NO on't know *(I) Was a permit issued for its
construction, and was it approved by the
local health department or district
following its construction?
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���/// (2) When was it last pumped:
[ ] Yes [ ] No Don't know *(3) Are there any defects in the
,LL operation of the on-site sewage system?
@y(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
,KYes [ ] 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 j
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
El ectric
Gas I
❑ Oil
❑ Propane
[ ] Yes [ ] No 6j] Don't know p Is there an onsite fuel tank?
DATE: 8�~ SELLER:�AhLd\ SELLER:
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Seller's Disclosure Statement - Improved Exhibit B to Purchase And Sale Agreement
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S. STRUCTURAL
[ ] Yes ['R No [ ] Don't know *A. Has the roof leaked within the last five
!' years?
[ ] Yes No [ ] Don't know *B. Has the basement flooded or leaked?
[1Yes [ ] No [ ] Don't know *C. Have there been any conversions,
additions, or remodeling?
Ny Yes [ ] No [ ] Don't know *(I) If yes, were all building permits
obtained?
[ ] Yes [ ] No [Don't know *(2) If yes, were all final inspections
obtained?
Jh Yes [ I No [ ] Don't know D. Do you know the age of the house? If
yes, year of original construction:( __
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[ ] Yes No [ ] Don't know *E. Has there been an settling, slippage, or
P 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 El Decks ❑ Exterior Walls
❑ Chimneys ❑ Interior Walls ❑ Fire Alarm
❑ Doors ❑ Windows Patio
El Ceilings ❑ Slab Floors Drivewa s
❑ Pools ❑ Hot Tub ❑ Saunas
❑ Sidewalks Outbuildin s —Firep laces
❑ Garage Floors ❑ Walkways Siding
Other ❑ Wood Stoves
[ 7 Yes [ ] No Don't know 9'G. Was a structural pest or"whole house"
inspection done? If yes, when and by whom was
the inspection completed?
[ ] Yes N 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 knowI J. Is the basement insulated?
6. SYSTEMS AND FIXTURES
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*A. If any of the following systems or fixtures
are included with the transfer, are there any
defects? If yes, please explain.
DATE: SELLEP&NA SELLER:
Seller's Disclosure Statement — Improved Exhibit B to Purchase And Sale Agreement
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[ ] Yes 4No [ ] Don't know a Electrical system, including wiring,
switches, outlets, and service.
[ ] Yes [ No [ ] Don't know a Plumbing system, including pipes,
�' >> faucets, fixtures, and toilets.
[ ] Yes [ No [ ] Don't know . Hot water tank
[ ] Yes [ ] No [ ] Don't know a Garbage disposal
[ ] Yes [-No [ ] Don't know a ® Appliances j
[ ] Yes [ ] No [ ) Don't know �a� • Sump pump
[ ] Yes XNo [ ] Don't know a Heating and cooling systems
[ ] Yes [ No [ ] Don't know • Security s am
ys
�] Owned Leased
[ ] Other
*B. If any of the following fixtures or property
is included with the transfer, are they leased? (If
yes, please attach copy of lease.) �n
[ ,Yes �No [ ] Don't know Security system �c
[ ] Yes DNo [ ] Don't know Tanks (type):
[ ] Yes VNo [ ] 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 know (1) Woodstove?
[ ] Yes No [ ] Don't know (2) Fireplace insert?
[ ] Yes No [ ] Don't know (3) Pellet stove?
[ ] Yes '0,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. j
Environmental Protection Agency as clean
burning appliances to improve air quality and
public health?
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DATE: A I\SELLER:� SELLER:
Seller's Disclosure Statement - Improved Exhibit B to Purchase And Sale Agreement
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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 [ ] Don't know E. Is the property equipped with carbon
ll�a 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. H`O`MEOWNERS`ASSOCIATIONICOMMON INTERESTS
[ ] Yes I9CI No [ ] Don't know A. Is there a Homeowners'Association?
777 ��� 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 [A No [ ] Don't know B. Are there regular periodic assessments:
C1 $_per [ ] Month [ ] Year
[ ] Other
[ ] Yes �1 No [ ] Don't know *C. Are there any pending special
z,// assessments?
[ ] Yes No [ ] Don't know *D. Are there any shared "common areas" or
r� any joint maintenance agreements (facilities such
as walls, fences, landscaping, pools, tennis
courts, walkways, or other areas co-owned in
undivided interest with others)?
8. ENVIRONMENTAL
[ ] Yes No [ ] Don't know *A. Have there been any flooding, standing
water or drainage problems on the property that
KDon't
affect the property or access to the property?
] Yes [ ] No know *B. Does any part of the property contain fill
dirt, waste or other fill material?
DATE:•SELLER. SELLER:
Seller's Disclosure Statement - Improved Exhibit B to Purchase And sale Agreement
If
[ ] 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 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 j
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
X/�No
v commercial or industrial purposes?
[ ] Yes [ ] 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 *]. Has the property been used as an illegal
A/ drug manufacturing site?
[ ] Yes Qy 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, tA1A
[ ] 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 — Improved Exhibit B to Purchase And Sale Agreement
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10. FULL DISCLOSURE BY SELLERS
A. Other conditions or defects:
[ ] Yes No [ ] Don't know *Are there any other existing material defects
affecting the property that a prospective buyer
should know about?
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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.
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DATE: , tSELLER: _SELLER:
Seller's Disclosure Statement - Improved Exhibit B to Purchase And Sale Agreement
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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
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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 j
attention and observation.
B. The disclosures set forth in this statement and in any amendments to this statement
are made only by the Seller and not by any real estate licensee or other party.
C. Buyer acknowledges that, pursuant to RCW 64.06.050(2), real estate licensees are
not liable for inaccurate information provided by Seller, except to the extent that real estate
licensees know of such Inaccurate Information.
D. This information is for disclosure only and is not intended to be a part of the written
agreement between the Buyer and Seller.
E. Buyer (which term includes all persons signing the "Buyer's acceptance" portion of
this disclosure statement below) has received a copy of this Disclosure Statement (including
attachments, if any) bearing Seller's signature.
DISCLOSURES CONTAINED IN THIS DISCLOSURE STATEMENT ARE PROVIDED BY SELLER
BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME SELLER
COMPLETES THIS DISCLOSURE STATEMENT. UNLESS BUYER AND SELLER OTHERWISE
AGREE IN WRITING, BUYER SHALL HAVE THREE BUSINESS DAYS FROM THE DAY SELLER
OR SELLER'S AGENT DELIVERS THIS DISCLOSURE STATEMENT TO RESCIND THE
AGREEMENT BY DELIVERING A SEPARATELY SIGNED WRITTEN STATEMENT OF RESCISSION
TO SELLER OR SELLER'S AGENT, YOU MAY WAIVE THE RIGHT TO RESCIND PRIOR TO OR
AFTER THE TIME YOU ENTER INTO A SALE AGREEMENT,
BUYER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS DISCLOSURE STATEMENT
AND ACKNOWLEDGES THAT THE DISCLOSURES MADE HEREIN ARE THOSE OF THE SELLER
ONLY, AND NOT OF ANY REAL ESTATE LICENSEE OR OTHER PARTY.
DATE: /O BUYE
DATE: ELLER: 4 SELLER:
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Seller's Disclosure Statement — Improved Exhibit B to Purchase And Sale Agreement