HomeMy WebLinkAboutPW15-019 - Original - Wayne and Janice Anderson - Parcel Number 272205-9001-08 - 01/26/2015 i
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CONTRACT COVER SHEET
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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: Wayne E. and Janice Anderson
Vendor Number:
JD Edwards Number
Contract Number: PINV — Dlrt ,
This is assigned by City Clerk's Office
Project Name: Real Property Purchase and Sale Agreement with City of Kent
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract
❑ Other:
Contract Effective Date: 1/26/2015 Termination Date:
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Matt Knox Department: Public Works
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Contract Amount:
Approval Authority: ❑ Department Director ❑Mayor ❑City Council
Detail: (i.e. address, location, parcel number, tax id, etc.):
Parcel Number 272205-9001-08
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REAL ESTATE PURCHASE AND SALE AGREEMENT
WITH EARNEST MONEY PROVISION BETWEEN
CITY OF KENT AND WAYNE E. AND JANICE ANDERSON
This Agreement is entered between the CITY OF KENT, a Washington
municipal corporation, authorized by the Kent City Council on tLf`1ug
("Buyer"), whose mailing address is 220 41" Avenue South, Kent,
Washington 98032-5895, and Wayne E. Anderson and Janice Anderson,
husband and wife ("Seller"), whose mailing address is 3508 Shorecliff Drive NE,
Tacoma, Washington 98422, 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 272205-9001-08
("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 remit to Seller the sum of One
Thousand Five Hundred Dollars and NO/100ths ($1,500.00), 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
Thirty-Six Thousand Seven Hundred Fifty Dollars and NO/100ths
($36,750.00), including Earnest Money, payable on Closing.
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4. CONTINGENCIES. This Agreement is contingent upon:
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(a) Final approval of all terms and conditions by the Kent City Council.
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(b) Buyer's receipt of Seller's information contained in the Real Property
Transfer Disclosure Statement ("Disclosure Statement") the form of
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Real Estate Purchase and Sale Agreement t
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which is set forth in Exhibit "B", attached hereto. 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:
L 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 ApRIGHT OF
Buyer's Initials: Seller's Initials: _ Seller's Znitia/s:_
Real Estate Purchase and Sale Agreement I
Between City of Kent and Wayne E and Janice Anderson Page 2 of 10
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.
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 nor Seller shall have any further rights, duties or
obligations hereunder, except that the Earnest Money shall be immediately returned
to Buyer.
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5. 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 of First American Title Report Number 4209-2289129, 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
Buyer's Initials: f — Sellers Initials: Seller's Initials:4,1z 1
Real Estate Purchase and Sale Agreement j
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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 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 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 within ninety
(90) days of the date of mutual acceptance of this agreement, which shall also be
the termination date of this Agreement, unless said Closing date is extended in
writing by mutual agreement of the parties. 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
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Buyer's.initials:� Cll�' Seller's Initials: Seller's Initials:
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Real Estate Purchase and Sale Agreement
Between City of Kent and Wayne E and Janice Anderson Page 4 of 10
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. j
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;
(d) that Seller is selling the property by description and makes no other
representations as to the boundaries and the amount of property being
sold;
(e) that except as otherwise provided herein, the Property is being sold AS
IS.
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
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Real Estate Purchase and Sale Agreement
Between City of Kent and Wayne E and Janice Anderson Page 5 of 10
of which may require remedial action pursuant to any federal, state or local law or
may be the basis for the assertion of any third party claims, including claims of
governmental entities. This provision shall survive Closing and be in addition to
Seller's obligation for breach of a representation or warranty as may be set forth
herein.
13. SELLER'S INDEMNITIES: Seller agrees to indemnify and hold
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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.
14. 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.
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Buyer's Initials: �LeG Seller's Initials: Seller's Initials: /� ,
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Real Estate Purchase and Sale Agreement
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(b) Sellers 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.
15. 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.
16. 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.
17. 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: j
City of Kent
220 Fourth Avenue South
Kent, WA 98032
Attn: Matt Knox mknox@kentwa.gov
and
Ingrid Wilims-Dixon idixon(abkentwa.gov
Telephone: 253-856-5500
Facsimile: 253-856-6500 (�4
Buyer's Initials:2 r� Seller's Initials: "� Seller's Initials:/ ,
Real Estate Purchase and Sale Agreement
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(b) All notices to be given to Seller shall be addressed as follows:
Wayne Anderson and Janice Anderson ->n�•3 i� h
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Telephone: 253-952-0576
Email: jea99y@icloud.com
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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.
18. 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.
18.1 Seller's Waiver. Seller expressly waives any claim against the
city of Kent and its elected officials, officers, employees, representatives 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.
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19. ENTIRE AGREEMENT. This Agreement, including all incorporated
exhibits, constitutes the full understanding between Seller and Buyer. There have
been no verbal or other agreements that modify this Agreement.
Buyer's Initials -- Seller's Initials; r Seller's Initials
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Real Estate Purchase and Sale Agreement
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20. BINDING EFFECT AND SURVIVAL. This Agreement shall be binding
upon the parties hereto and their respective heirs, successors and assigns; and the
terms, conditions and provisions of this Agreement shall survive the Closing of this
transaction.
21. DATE OF MUTUAL ACCEPTANCE. For the purposes of this
Agreement, the date of mutual acceptance of this Agreement shall be the last date
on which the parties to this Agreement have executed this Agreement as indicated
below.
22. EXPIRATION OF OFFER. Seller shall have only until 5:00 pm on
December 16, 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
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By: - e
Suzette Cooke
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Its: �M yo
Dated:
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Suyer's Initials• � --'' Seller's Initials: ) /) Seller's
Real Estate Purchase and Sale Agreement
Between City of Kent and Wayne E and Janice Anderson Page 9 of 10
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SELLER: SELLER:
Wayne E. Anderson Janice Anderson
By: By:
Print Name: a zr e Print Na; e: 1 iv A a
Da Dated:
P:\Civil\Files\Open Files\1921-Anderson PSA(Wayne&Janloe)\Aaderson Wayne PSA.Docx
Buyer's Initials , ___ Seller's Initials; Seller's Initials:
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Real Estate Purchase and Sale Agreement
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EXHIBIT A
THE EAST 3/4 OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 27,
TOWNSHIP 22 NORTH, RANGE 5 EAST,W.M., IN KING COUNTY,WASHINGTON;
EXCEPT THE NORTH 660 FEET; AND
EXCEPT THE WEST660 FEET;
EXCEPTTHE NORTH 150 FEET OF THE EAST 150 FEET; AND
EXCEPT THAT PART IN ROAD.
Tax Parcel Number: 272205900108
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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
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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 DISCLOSURE ARE MADE BY SELLER ABOUT THE CONDITION OF THE
PROPERTY LOCATED AT �'G � J`�,�` S! — 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 j
ADVICE, INSPECTION, DEFECTS OR WARRANTIES.
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Seller is/ isnot occupying the property.
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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.
1. TITLE
Yes [ ] No [ ] Don't know A. Do you have legal authority to sell the
property? If no, please explain.
[ ] Yes j No [ ] Don't know *B. Is title to the property subject to any of
the following?
(1) First right of refusal
(2) Option
(3) Lease or rental agreement
(4) Life estate?
[ ] Yes No [ ] Don't know *C. Are there any encroachments, boundary
agreements, or boundary disputes?
[ ] Yes [ ] No f( Don't know *D. Is there a private road or easement
agreement for access to the property?
[ ] Yes [ ] No [',4 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 [ j Don't know *F. Are there any written agreements for joint
maintenance of an easement or right-of-way?
[ ] Yes [ ] No [ Don't know *G. Is there any study, survey project, or
notice that would adversely affect the property?
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[ ] Yes No [ ] Don't know *W Are there any pending or existing j
assessments against the property?
[ ] Yes [ ] No [7 Don't know *I. Are there any zoning violations,
nonconforming uses, or any unusual restrictions
on the property that would affect future
construction or remodeling?
(` Yes [ ] No [ ] Don't know *J. Is there a boundary survey for the
property?
[ ] Yes [ ] No Don't know *K. Are there any covenants, conditions, or
restrictions which affect the property?
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2. WATER
A. Household Water
[ ] Yes [ ] No [Don't know (1) Does the property have potable water
supply?
(2) If yes, the source of the water for the
property is:
[ ] Private or publicly owned water system
[ ] Private well serving only the property
*[ ] Other water system
[ ] Yes [ ] No `Don't know * If shared, are there any written agreements?
[ ] Yes [ ] No Don't know *(3) Is there an easement (recorded or
unrecorded) for access to and/or maintenance of
the water source?
[ ] Yes [ ] No Don't know *(4) Are there any known problems or repairs
needed?
[ ] Yes [ ] No ] Don't know (5) Is there a connection or hook-up charge
payable before the property can be connected to
the water main?
[ ] Yes [ ] No [3C] Don't know (6) Have you obtained a certificate of water
availability from the water purveyor serving the
property? (If yes, please attach a copy.)
[ ] Yes [ ] No `17j-.Don't know (7) Is there a water right permit, certificate,
or claim associated with household water supply
for the property? (If yes, please attach a copy.)
[ ] Yes [ ] No `�.Don't know (a) if yes, has the water right, permit,
certificate, or claim been assigned,
transferred, or changed?
[ ] Yes [ ] No ]j(] 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.)_
[ ] Yes [ ] No Don't know (c) If no or don't know, is the water
withdrawn from the water source less
than 5,000 gallons a day?
[ ] Yes [ ] No [Don't know *(8) Are there any defects in the operation of
the water system (e.g., pipes, tank, pump, etc)?
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B. Irrigation Water
[ ] Yes [ ] No jDon't know (1) Are there any irrigation water rights for
YP the property, such as a water permit, certificate,
or claim? (If yes, please attach a copy.)
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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?
[ ] Yes [ ] No Don't know (b) If yes, has the water right permit,
XM certificate, or claim been assigned,
transferred, or changed?
[ ] Yes [ ] No V 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 KNo [ ] 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. SEWERJSEPTIC SYSTEM
A. The property is served by:
[ ] 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. 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?
C. If the property is connected to an on-site
sewage system:
[ ] Yes [ ] No Don't know *(1) Was a permit issued for its construction?
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[ ] Yes [ ] No (Don't know *(2) Was it approved by the local health
department or district following its construction?
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[ ] Yes [ ] No Don't know (3) Is the septic system a pressurized
system?
[ ] Yes [ ] No fit] Don't know (4) Is the septic system a gravity system?
[ ] Yes [ ] No [dl Don't know *(5) Have there been any changes or repairs to
!! the on-site sewage system?
[ ] Yes [ ] No [ Don't know (6) 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 *(7) Does the on-site sewage system require
monitoring and maintenance services more
frequently than once a year? If yes, please
explain:
4. ELECTRICAL/GAS
[ ] Yes [ ] No [ y Don't know A. Is the property served by natural gas?
[ ] Yes [ ] No [ Don't know B. Is there a connection charge for gas?
[ ] Yes [ ] No ( Don't know C. Is the property served by electricity?
[ ] Yes [ ] No Don't know D. Is there a connection charge for
electricity?
[ ] Yes [ ] No [ Don't know *E. Are there any electrical problems on the
/ property? If yes, please explain.
S. FLOODING j
[ ] Yes [ ] No ] Don't know A. Is the property located in a government
designated flood zone or flood plain?
6. SOIL STABILITY
[ ] Yes [ ] No [ Don't know *A. Are there any settlement, earth
t movement, slides, or similar soil problems on the
property? If yes, please explain:
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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 [ ] No '�] Don't know *B. Does any part of the property contain fill
t dirt, waste or other fill material?
[ ] 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
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
electrical utility equipment installed, maintained,
or burled 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 telephone
reception?
S. HOMEOWNERS'ASSOCIATIONfCOMMONINTERESTS
[ ] Yes 7i No [ ] Don't know A. Is there a homeowners' association?
Name of 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
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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)?
9. OTHER FACTS
[ ] Yes [ ] No [ Don't know *A. Are there any disagreements, disputes,
( encroachments, or legal actions concerning the
property? If yes, please explain:
[ ] Yes [ ] No [ Don't know *B. Does the property have any plants or
/ wildlife that are designated as species of concern,
or listed as threatened or endangered by the
government?
[ ] Yes [ ] No Don't know *C. Is the property classified or designated as
r forest land or open space? If so, specify:
[ ] Yes [ ] No I�1 Don't know D. Do you have a forest management plan?
J If yes, attach.
[ ] Yes [ ] No Don't know *E. Have any development-related permit
r applications been submitted to any government
agencies? If so, specify:
If the answer to E is "yes," what is the status or
outcome of those applications?
[ ] Yes [ ] No [ Don't know F. 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?
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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?
B. Verification:
The foregoing answers and attached explanations
{if any} are complete and correct to the best of
my/our knowledge and IJwe have received a
copy hereof. IJwe 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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I,
NOTICE TO THE BUYER
INFORMATION REGARDING REGISTERED SEX OFFENDERS MAY BE OBTAINED FROM LOCAL
LAW ENFORCEMENT AGENCIES. THIS NOTICE IS INTENDED ONLY TO INFORM YOU OF
WHERE TO OBTAIN THIS INFORMATION AND IS NOT AN INDICATION OF THE PRESENCE OF
REGISTERED SEX OFFENDERS.
II. BUYER'S ACKNOWLEDGMENT
A. Buyer hereby acknowledges that: Buyer has a duty to pay diligent attention to any
material defects that are known to Buyer or can be known to Buyer by utilizing diligent
attention and observation.
B. The disclosures set forth in this statement and in any amendments to this statement
are made only by the Seller and not by any real estate licensee or other party.
C. Buyer acknowledges that, pursuant to RCW 64.06.050(2), real estate licensees are
not liable for inaccurate information provided by Seller, except to the extent that real estate
licensees know of such inaccurate information.
D. This Information is for disclosure only and is not intended to be a part of the written
agreement between the Buyer and Seller.
E. Buyer (which term Includes all persons signing the "Buyer's acceptance" portion of
this disclosure statement below) has received a copy of this Disclosure Statement (including
attachments, if any) bearing Seller's signature.
DISCLOSURES CONTAINED IN THIS DISCLOSURE STATEMENT ARE PROVIDED BY SELLER
BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME SELLER
COMPLETES THIS DISCLOSURE STATEMENT. UNLESS BUYER AND SELLER OTHERWISE
AGREE IN WRITING, BUYER SHALL HAVE THREE BUSINESS DAYS FROM THE DAY SELLER
OR SELLER'S AGENT DELIVERS THIS DISCLOSURE STATEMENT TO RESCIND THE
AGREEMENT BY DELIVERING A SEPARATELY SIGNED WRITTEN STATEMENT OF RESCISSION
TO SELLER OR SELLER'S AGENT. YOU MAY WAIVE THE RIGHT TO RESCIND PRIOR TO OR
AFTER THE TIME YOU ENTER INTO A SALE AGREEMENT.
BUYER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS DISCLOSURE STATEMENT
AND ACKNOWLEDGES THAT THE DISCLOSURES MADE HEREIN ARE THOSE OF THE SELLER
ONLY, AND NOT OF ANY REAL ESTATE LICENSEE OR OTHER PARTY.
DATE: r BUY p_= _WYER
C.
EXHIBIT C
SCHEDULE B
SECTION IS
EXCEPTIONS
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 Rent is
at 1.78%.
Levy/Area Code: 1564
2. Delinquent 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.: 272205900108
1st half
Amount Billed: $ 463.11
Amount Paid: $ 0.00
Amount Due: $ 463.11, plus interest and penalty
2nd Half
Amount Billed: $ 463.10
Amount Paid: $ 0.00
Amount Due: $ 463.10, plus interest and penalty
Assessed Land Value: $ 65,000.00
Assessed Improvement Value: $ 0.00
3. Delinquent General Taxes for the year 2013. The first half becomes delinquent after
April 30th. The second half becomes delinquent after October 31st.
Tax Account No.: 272205900108
ist Half
Amount Billed: $ 477.13
Amount Paid: $ 0.00
Amount Due: $ 477.13, plus interest
and penalty
2nd Half
Amount Billed: $ 477.13
Amount Paid: $ 0.00
Amount Due: $ 477.13, plus interest and penalty
Assessed Land Value: $ 65,000.00
Assessed Improvement Value: $ 0.00
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4. Delinquent General Taxes for the year 2012. The first half becomes delinquent after
April 30th. The second half becomes delinquent after October 31st.
Tax Account No.: 272205900108
1st Half
Amount Billed: $ 486.76
Amount Paid: $ 0.00
Amount Due: $ 486.76, plus interest and
penalty
2nd Half
Amount Billed: $ 486.76
Amount Paid: $ 0.00
Amount Due: $ 486.76, plus interest and penalty
Assessed Land Value: $ 70,000.00
Assessed Improvement Value: $ 0.00
5, Delinquent General Taxes for the year 2011. The first half becomes delinquent after
April 30th. The second half becomes delinquent after October 31st.
Tax Account No.: 272205900108
1st Half
Amount Billed: $ 503.21
Amount Paid: $ 0.00
Amount Due: $ 503.21, plus interest and
penalty
2nd Half
Amount Billed: $ 503.21
Amount Paid: $ 0.00
Amount Due: $ 503.21, plus interest and penalty
Assessed Land Value: $ 75,000.00
Assessed Improvement Value: $ 0.00
6. Delinquent General Taxes for the year 2010. The first half becomes delinquent after
April 30th. The second half becomes delinquent after October 31st.
Tax Account No.: 272205900108
1st Half
Amount Billed: $ 468.38
Amount Paid: $ 0.00
Amount Due: $ 468.38, plus interest and
penalty
2nd Half
Amount Billed: $ 468.37
Amount Paid: $ 0.00
Amount Due: $ 468.37, plus interest and penalty
Assessed Land Value: $ 75,000.00
Assessed Improvement Value: $ 0.00
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7. Delinquent General Taxes for the year 2009. The first half becomes delinquent after
April 30th. The second half becomes delinquent after October 31st.
Tax Account No.: 272205900108
1st Half
Amount Billed: $ 411.78
Amount Paid: $ 411.78
Amount Due: $ 0.00, plus interest
and penalty
lard Half
Amount Billed: $ 411.77
Amount Paid: $ 0.00
Amount Due: $ 411.77, plus interest and penalty
Assessed Land Value: $ 75,000.00
Assessed Improvement Value: $ 0.00
8. Delinquent taxes may be subject to foreclosure proceedings by King County.
Additional amounts may also be owing in connection with the foreclosure process.
9. Taxes which may be assessed and extended on any subsequent roll for the tax year
2014, with respect to new improvements and the first occupancy which may be
included on the regular assessment roll and which are an accruing lien not yet due
or payable.
10. Examination of the records discloses numerous matters pending against persons
with names similar to Wayne E. Anderson. A statement of Identity should be
completed and returned to this company for consideration prior to closing.
11. We note that the Deeds recorded under Recording No. 20070919000746 and
20080409002621, by which the vestee herein acquired title, contains an
erroneous/incomplete legal description. Said instrument should be re-recorded to
correct said description.
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REQUEST FOR MAYOR®S SIGNATURE
T Please Fill in All Applicable Boxes
Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
- --—— ----------------------------
-Originator: Matt Knox Phone (Originator:- - x5551
Date Sent: 01/15/15 Date Required:
Return Sig_aed Document to: Matt Knox CONTRACT TERMINATION DATE: N/A
VENDOR NAME: Anderson DATE OF COUNCIL APPROVAL: 1/20/15
Brief Explanation of Document:
The enclosed purchase and sale agreement is for the Anderson parcel, a 4.09 acre parcel just
south of SE 256 th Street along Soos Creek (see enclosed map). This property contains steep
slopes and wetlands and is adjacent to the SE 256 th Street Flume Removal / Meridian Valley
Creek Relocation and Restoration project that the City partnered with the Corps of Engineers to
complete in 2006. This parcel connects to the SODS Creek trail. City ownership of this parcel
will provide enhanced stewardship and oversight and protect water quality in Soos Creek as
well as providing a natural, protected setting for trail users.
Grant funding from the 2011 King County Conservation Futures program will provide funding
for this purchase.
All Contracts Must Be Routed Through The Law Department
(This area to be completed by the Law Department)
Received:
Approval of Law Dept.:
Law Dept. Comments:
Date Forwarded to Mayor:
Shaded Areas To Be Completed By Administration Staff
Received:
Recommendations and Comments:
Disposition:
Date Returned: