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HomeMy WebLinkAboutPW15-019 - Original - Wayne and Janice Anderson - Parcel Number 272205-9001-08 - 01/26/2015 i I Records }1 agOme W' KENT Document W ASHINGTON e �` i I4Y' I p a„� CONTRACT COVER SHEET i 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 I Contract Amount: Approval Authority: ❑ Department Director ❑Mayor ❑City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Parcel Number 272205-9001-08 6 I adccW10877 8 14 i 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. i 4. CONTINGENCIES. This Agreement is contingent upon: I (a) Final approval of all terms and conditions by the Kent City Council. I (b) Buyer's receipt of Seller's information contained in the Real Property Transfer Disclosure Statement ("Disclosure Statement") the form of Buyer's Initials: Seller's Znitials: Seller's Initials: Real Estate Purchase and Sale Agreement t Between City of Kent and Wayne E and Janice Anderson Page 1 of 10 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. i i 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 Between City of Kent and Wayne E and Janice Anderson Page 3 of 10 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 I Buyer's.initials:� Cll�' Seller's Initials: Seller's Initials: i 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 i Buyer's Initials: Seller's Initials: Seller's Initials: 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 i 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. I Buyer's Initials: �LeG Seller's Initials: Seller's Initials: /� , 41— C✓ Real Estate Purchase and Sale Agreement Between City of Kent and Wayne E and Janice Anderson Page 6 of 10 I i (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 Between City of Kent and Wayne E and Janice Anderson Page 7 of 10 i i (b) All notices to be given to Seller shall be addressed as follows: Wayne Anderson and Janice Anderson ->n�•3 i� h / i 7 5 Telephone: 253-952-0576 Email: jea99y@icloud.com I i 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. i 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 7 � Real Estate Purchase and Sale Agreement Between City of Kent and Wayne E and Janice Anderson Page 8 of 10 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 r By: - e Suzette Cooke I Its: �M yo Dated: I I 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 i I 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: I Real Estate Purchase and Sale Agreement Between City of Kent and Wayne E and Janice Anderson Page 10 of 10 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 it i i 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 i 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. i Seller is/ isnot occupying the property. II' ICI I i I. SELLER'S DISCLOSURES: I *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? i [ ] 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? i j 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)? t 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.) I [ ] 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? I I i [ ] Yes [ ] No (Don't know *(2) Was it approved by the local health department or district following its construction? I [ ] 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: i I 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 i 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? I i i i I 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. f I i II 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 I i I 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 i 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. i 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: