HomeMy WebLinkAboutPK16-150 - Other - Estate of Bertha M. Wallace - Walla Property Acquisition - 04/19/2016 R. ,
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WASH IN GTO N Document
CONTRACT COVER SHEET
This is to be completed by the Contract (tanager 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: Crystal Platt for the Estate of Bertha M. Wallace, deceased
Vendor Number:
JD Edwards Number
Contract Number: ( —1
This is assigned by City Clerk's Office
Project Name: 'Walla Property Acquisition
Description: ❑ Interlocal Agreement :7 Change Order ❑ Amendment ® Contract
Other: Real Estate Purchase and Sale Agreement with Earnest Money
Contract Effective Date: 4/19 16 Termination Date:
Contract Renewal Notice (Days): 0
Number of days required notice for termination or renewal or amendment
Contract Manager: Lynn Osborn/BL Department: Parks Planning & Dev.
Contract Amount: $1,250,000 00
Approval Authority: ❑ Department Director ]Mayor OCity Council
Detail: (i.e. address, location, parcel number, tax id, etc.):
5.55 acres located at 12415 SE 2.4oth Street, parcel #212205-9644; the Walla property is
part of the Clark Lake Assemblage and will be incorporated into Clark Lake Park
Division contract #PPD16-12
adccW I0s77_8—14
REAL ESTATE PURCHASE AND SALE AGREEMENT
WITH EARNEST MONEY PROVISION
BETWEEN THE CITY OF KENT AND CRYSTAL E. PLATT
This Agreement is entered between the CITY OF KENT, a Washington
municipal corporation, authorized by the Kent City Council on 4-1-od
("Buyer"), whose mailing address is 220 4 th Avenue South, Kent, Washington
98032-5895, and Crystal E. Platt, Personal Representative of the Estate of Bertha
M. Walla,, deceased ("Seller"), whose mailing address is 21009 Edwards Road East,
Lake Tapps, Washington 98391, for the sale and purchase of real property as
follows:
I. PROPERTY, The Property, which Buyer agrees to buy and Seller
agrees to sell, is known as King County Tax Parcel Number 212205-9044, located
at 12415 S.E. 24 oth Street, Kent, WA 98030 (the "Property"), The Property is,
legally described in Exhibit "A," attached hereto and incorporated herein by this
reference.
2. EARNEST MONEY. Within ten working days of mutual acceptance of
this Agreement, Buyer shall deposit with Old Republic Title and Escrow (the "Escrow
Agent"), the sum of Fifteen Thousand Dollars and NO/100ths ($15,000,00) in the
form of a Certified Check, as refundable earnest money to be applied toward the
purchase price of the Property payable at Closing.
3. PURCHASE PRICE. The total purchase price for the Property is One
Million, Two Hundred Fifty Thousand Dollars and NO,/100ths ($1,250,000.,00),
including Earnest Money, payable on Closing,
Real Estate 2000 is the Selling Broker representing the Seller. Toni Beckvold
is the Selling agent of Real Estate 2000 and shall be entitled to a commission in the
amount of one percent of the total purchase price. Payment of this commission is
the sole obligation of the Seller.
Buyer's Initia Seller's lnitia"6 Seller's Initials
City of Kent and Walla Estate
ReaV Estate Purchase and Sale Agreement Page 1 of 10
4. CONTINGENCIES. This Agreement is contingent upon:
(a) 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."
Seller shall complete one form for each dwelling unit or specify
which dwelling unit is being referenced in the form. The
Disclosure Statement shall be completed by the Seller within ten
days from the date of mutual acceptance of the Agreement.
Within five 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 day
period, Disclosure Statement will be deemed approved and
accepted by Buyer,
(b) A feasibility Study as follows:
i. Buyer shall have thirty 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.
i 1. 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
Buyer's Initia Seller's Initial Seller's Initials
City of Kent and a la Estate
Real Estate Purchase and Sale Agreement Page 2 of 10
conducted which generally will consist of on-site
sampling, including the digging or boring of test holes for
soil samples. BY EXECUTING THIS AGREEMENT, SELLER
HEREBY AUTHORIZES BUYER A RIGHT OF ENTRY ON TO
THE PROPERTY FOR THE PURPOSE OF CONDUCTING THIS
FEASIBILITY STUDY INCLUDING A PHASE I, AND IF
NECESSARY, A PHASE II ENVIRONMENTAL ASSESSMENT,
SELLER WILL BE NOTIFIED IF A PHASE II
ENVIRONMENTAL ASSESSMENT IS TO, BE CONDUCTED.
iv. Buyer agrees to conduct its feasibility study at its sole
cost and expense; and if Buyer does not remove the
feasibility contingency, then Buyer also agrees, if
requested by Seller, to deliver to Seller copies of all
information and documentation obtained by Buyer in
connection with its feasibility study.
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 shiall have any
further rights, duties or obligations hereunder, except
that the Earnest Money in Escrow shall be immediately
returned to Buyer. Buyer agrees to return the Property to,
its original state (i.e., fill all boring holes, etc.),
(c) Approval by the Kent City Council,
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 in Escrow shall be
immediately returned to Buyer.
5. SEPTIC SYSTEM. Seller represents that the Property is served by
private on-site sewage system(s) ("OSS).
Buyer's Seller's Initials Seller's Initials
City of Kent and Wafla Estate �i2
Real Estate PLirchase and Sale Agreement Page 3 of 10
(a) Seller represents that, to the best of Seller's knowledge, the OSS
serving the property does not require repair other than pumping and
normal maintenance; does not currently violate any applicable local,
state, and federal laws, standards, and regulations; and has no
material defects.
(b) Seller will retain a licensed on-site system maintainer ("OSM") to
prepare a monitoring and performance inspection report of the OSS
("Operation and Ma,lntenance Report") and to complete the other
requirements of King County Health Code Section 13,60.030. Said
inspection shall take place prior to the OSS being pumped under
Section 5(e) below. Within 14 days of mutual acceptance Seller shall
deliver to Buyer the Operation and Maintenance Report and a copy of
the maintenance records for the OSS, if maintenance records are
available.
(c) Seller shall deliver to Buyer, within 14 days of mutual acceptance a
copy of the previously recorded notice on title required by King County
Health Code Section 13.56.054.A. Within three days of receipt, Buyer
shall provide Seller with a signed acknowledgment of receipt of the
copy of the recoded notice.
(d) At Closing, Buyer shall pay and authorizes the Closing Agent to send to
the King County health officer the necessary fee and a signed copy of
the notice on title as set forth in King County Health Code Section
13.56.054.A,
(e) Seller shall have the OSS inspected and, if necessary, pumped by an
OSS service company at Seller's expense. Buyer shall have the right
to observe the inspection. Seller shall provide Buyer with three days
notice of the date and time of the inspection. Within 14 days of
mutual acceptance, Seller shall provide Buyer with a copy of the
inspection report.
Buyer's lnitials � seller's Initialsl",
City of Kent and Walla Estate Seller's Initials
Real Estate Purchase and Sale Agreement Page 4 of 10
6. 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 Iiiens, encumbrances or defects. General exclusions and
exceptions 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. Ail
monetary encumbrances are to be removed on or before Closing.
7. TITLE INSURANCE. At Closing, Buyer shall cause Old Republic Title
and Escrow (Escrow Agent) to issue standard coverage owner's policy of title
insurance to Buyer in an amount equal to the total purchase price of the Property.
For purposes of this Agreement, the following shall not be deemed encumbrances
or defects: rights reserved in federal patents or state deeds, building or use
restrictions consistent with current zoning and utility and road easements of record.
If title cannot be made so insurable 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.
8. CLOSING COSTS AND PRO-RATIONS. The escrow fee, and Excise
Tax, if applicable, shall be paid by Seller, except for those fees which are expressly
limited by Federal Regulation, Seller shall pay one percent of the total purchase
price to the Selling Broker, 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.
9. CLOSING OF THE SALE. WITH THE UNDERSTANDING THAT TIME IS
OF THE ESSENCE FOR THIS AGREEMENT, this sale shall be closed on or before June
30, 2016, which shall also be the termination date of this Agreement, unless said
Closing date is extended in writing by mutual agreement of the parties. When
notified, the Buyer and Seller will deposit, without delay, in escrow with Escrow
Agent, all instruments and monies required to complete the transaction in
Buyer's Initial Seller's Initials Seller's Initials
City of Kent anA,�TEtt�,
Real Estate Purchase and Sale Agreement Page 5 of 10
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.
10. CASUALTY LOSS. If, prior to Closing, improvements on the Property
shall be destroyed or material'ily damaged by fire or other casualty, this Agreement,
at option of the Buyer, shall become null and void.
11. POSSESSION. Buyer shall be entitled to possession on Closing.
12. 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: " L"IIAC
(c) th,at if the Property is leased, Seller will provide copies of each and
every lease to Buyer within one working day upon request.
13. SELLER'S ENVIRONMENTAL REPRESENTATIONS. Seller
represents that, to the best of Seller's knowledge, Seller is not aware of the
existence of, or has caused or allowed to be caused, any environmental condition
(including, without limitation, a spill, discharge or contamination) that existed as of
and/or prior to Closing or any act of omission occurring prior to Closing, the result
of which may require remedial action pursuant to any federal, state or local law or
may be the basis for the assertion of any third party claims, including claims of
governmental entities. This provision shall survive Closing and be in addition to
Seller's, obligation for breach of a representation or warranty as may be set forth
herein.
Buyer's Initial, Seller's Initial Seller's Initials
City of Kent and Walfg'Estate
Real Estate Purchase and Sale Agreement Page 6 of 10
14. SELLER'S INDEMNITIES: Seller agrees to indemnify and hold
harmless the Buyer, against and in respect of, any and all damages, claims, losses,
liabilities, judgments, demands, fees, obligations, assessments, and expenses and
costs, including, without limitation, reasonable legal, accounting, consulting,
engineering and other expenses which may be imposed upon or incurred by Buyer,
or asserted against Buyer, by any other party or parties (incWding, 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 enviroinmental 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.
IS. 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.
(b) Seller's Default. If Seller defaults hereunder, Buyer shall have all the
rights and remedies availabie 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 aJl its own costs
and attorney's fees.
16. NOTICE TO SELLER. This form contains provisions for an agreement
for the purchase and sale of real estate. Buyer makes no warranty or
representation of any kind that this form, or any of its provisions, is intended to
Az--)
Buyer's Initial Seller's Initials- Seller's Initials
City of Kent and Walla Estate C..,�
Real Estate Purchase and Sale Agreement Page 7 of 10
meet the factual and legal requirements of a particular transaction, or that it
accurately reflects the laws of the State of Washington at the time Seller enters into
the Agreement. THIS AGREEMENT HAS SIGNIFICANT LEGAL AND FINANCIAL
CONSEQUENCES. SELLER IS, ADVISED TO SEEK INDEPENDENT LEGAL AND
FINANCIAL COUNSEL REGARDING THESE CONSEQUENCES.
17. NON-MERGER. The terms, conditions, and provisions of this
Agreement shall not be deemed merged into the deed, and shall survive the Closing
and continue in full force and effect,
18. NOTICES. All notices required or permitted to be given hereunder
shall be in writing and shall be sent U.S. certified mail, return receipt requested, or
by facsimile transmission addressed as set forth below:
(a) All notices to be given to Buyer shall be addressed as follows:
Jeff Watling
Parks Director
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(b) All notices to be given to Seller shall be addressed as follows:
Crystal Platt
210,09 Edwards Road East
Lake Tapps, WA 98391
(c) All notices to be given to Escrow Agent shall be addressed as follows:
Old Republic Title and Escrow
Jackie Larson
24604 104t' Ave S.E., Suite 102.
Kent, WA 98030-2819
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
Buyer's Initials l�i_� Seller's Initials Seller's Initials
City of Kent and Walla Estate
Real Estate Purchase and Sale Agreement Page 8 of 10
transmission, or on the third day following the day such notice is mailed in
accordance with this section.
19. CITY COUNCIL ACTION REQUIRED. Seller acknowledges that the
closing of the transaction contemplated by this Agreement (the "Closing") is
expressl1y conditioned on the City of Kent City Council's (the "City Council's"), prior
authorization to buy the Property under this Agreement ("Council Authorization"),
which may or may not be granted in the City Council's sole discretion. The City of
Kent shall not be liable or obligated for any burden or loss, financial or otherwise,
incurred by Seller as a result of the City Council's modification of the final terms
and conditions of this Agreement, or the City Council's failure to grant the Council
Authorization.
19.1 Seller's Waiver. Seller expressly waives any claim against the
City of Kent and its elected officials, officers, employees, representative and agents,
for any burden, expense or loss which Seller incurs as a result of the City Council's
failure to grant the Council Authorization.
20. ENTIRE AGREEMENT. This Agreement, including all incorporated
exhibits, constitutes the full und'ierstanding between Seller and Buyer. There have
been no verbal or other agreements that modify this Agreement.
21. BINDING EFFECT AND SURVIVAL. This Agreement shall be binding
upon parties hereto and their respective heirs, successors and assigns; and the
terms, conditions and provisions of this Agreement shall survive the Closing of this
transaction.
22. DATE OF MUTUAL ACCEPTANCE. For the purposes of this
Agreement, the date of mutual acceptance of this Agreement shall be the last date
on which the parties to this Agreement have executed this Agreement as indicated
below,
Buyer's Initia Seller's Initials Seller's Initials
City of Kent and i,lEstatel
Real Estate Purchase and Sale Agreement Page 9 of 10
/ X::1t�
23. EXPIRATION OF OFFER. Seller shall have only until 5:00 prn on
April 15, 20,16, 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 as
of the last date set forth below.
BUYER:
CITY OF KENT
By:
uze to C oke
Its Ma , r
Dated: 'Z' /,
SELLER:
By:
C "i'Platt tt
personal Representative of the Estate of Bertha M. Walla
,, .r
Dated:
Buyer's Initials Seller's InitialsSeller's Initials
City of Kent and Walla Estate
Real Estate Purchase and Sale Agreement Page 10 of 10
EXHIBIT A
The land referred to is situated in the County of King, City of Kent, State of Washington, and is
described as follows:
The West 396 feet of the North 660 feet of the West half of the Northwest quarter of the
Northeast quarter of Section 21, Township 22 North, Range 5 East, W.M.;
EXCEPT Roads;
AND EXCEPT that portion as condemned in King County Superior Court Cause No. 97-2-04247-0
and recorded under Recording No. 9712220224.
SITUATE in the County of King, State of Washington
Property Address: 12415 Southeast 240th Street, Kent, WA 98030
Buyer's Initi Seller's Initials-(111 Seller's Initials
EXHIBIT B
SELLER'S DISCLOSURE STATEMENT
INSTRUCTIONS TO THE SELLER
Please complete the following form. Do not leave any spaces blank. If the question clearly
does not apply to the property write "NA." If the answer is "yes" to any * items, please
explain on attached sheets. Please refer to the line number(s) of the question(s) when you
provide your explanation(s). For your protection you must date and sign each page of this
disclosure statement and each attachment. Delivery of the disclosure statement must occur
not later than five business days, unless otherwise agreed, after mutual acceptance of a
written contract to purchase between a buyer and a seller.
NOTICE TO, THE BUYER
THE FOLLOWING DISCLOSURES ARE MADE BY SELLER ABOUT THE CONDITION OF THE
PROPERTY LOCATED AT 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/ _f is not occupying the property.
Buyer's Initiak&-�_ _ Seller's Initials. Seller's Initials
I. SELLER'S DISCLOSURES:
*If you answer "Yes" to a question with an asterisk (*), please explain your answer and
attach documents, if available and not otherwise publicly recorded. If necessary, use an
attached sheet,
i. 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
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 Don't know *D. Is there a private road or easement
agreement for access to the property?
Yes No Don't know *E, Are there any rights-of-way, easements,
or access limitations that may affect the Buyer's
use of the property?
Yes No Don't know *F. Are there any written agreements for joint
maintenance of an easement or right-of-way?
Yes No Don't know *G. Is there any study, survey project, or
notice that would adversely affect the property?
Yes No Don't know *H. Are there any pending or existing
assessments against the property?
Yes No Don't know *I. Are there any zoning violations,
nonconforming uses, or any unusual restrictions
on the property that would affect future
construction or remodeling?
Yes No 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 recorded against the property?
Buyer's Initial Seller's Initials -� `� Seller's Initials,-
C7-
2. WATER
A. Household Water
(1) The source of water for the property is:
nvate or publicly owned water system
Private well serving only the subject
Property
I Other water system
Yes [ No [ ] Don't know If shared, are there any written agreements?
Yes No [ ] Don't know *(2) Is there an easement (recorded or
unrecorded) for access to and/or maintenance of
the water source?
Yes [ No Don't know *(3) Are there any problems or repairs
needed?
Yes [ No Don't know (4) During your ownership, has the source
provided an adequate year-round supply of
potable water? If no, please explain.
Yes No Don't know *(5) Are there any water treatment systems
for the property? If yes, are they Leased
[ ] Owned.
Yes No [ ] Don't know *(6) Are there any water rights for the
property associated with its domestic water
supply, such as a water right permit, certificate,
or claim?
Yes [ ] No [ ] Don't know (a) If yes, has the water right, permit,
certificate, or claim been assigned,
transferred, or changed?
Yes [ ] No Don't know (b) If yes, has all or any portion of the
water right not been used for five or more
successive years? (if yes, please explain)—
(7) Are there any defects in the operation of
the water system (e.g. pipes, tank, pump, etc.)?
(If yes, please explain)
B. Irrigation Water
Yes No Don't know (1) Are there any irrigation water rights for
the property, such as a water permit, certificate,
or claim?
Buyer's Initia Seller's Initials
4� Seller's Initials
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 so, is the certificate available? (If
yes, please attach a copy.)
Yes No Don't know *(c) If so, has the water right permit,
certificate, or claim been assigned,
transferred, or changed? If so, explain:
Yes No 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 No Don't know (1) Is there an outdoor sprinkler system for
the property?
Yes No Don't know *(2) If yes, are there any defects in the
system?
Yes No Don't know *(3) If yes, is the sprinkler system connected
to irrigation water?
3. SEWER/ON-SITE SEWAGE SYSTEM
A. The property is served by:
- Public sewer system
Pil' On-site sewage system (including
pes, tanks, drainfields, and all other
component parts)
[ ] Other disposal system, please
describe:
Yes No Don't know B. If public sewer system service is available
to the property, is the house connected to the
sewer main? If no, nlease explain. e,�-1
�
T
Yes No Don't know *C. Is the property subject to any sewage
system fees or charges in addition to those
covered in your regularly billed sewer or on-site
sewage system maintenance service?
I
Buyer's InitialsL�� seller's Initials Z?Z� Seller's Initials—
D. If the property is connected to an on
site sewage system:
Yes [] No Don't know *(1) Was a permit issued for its
construction, a,nd was it approved by the
local health department or district
following its construction?
X
(2) When was it last pumped: v,,
Yes No Don't know (3) Are there any defects in the
operation of the on-site sewage system?
Don't know (4) When was it last inspected?
By whom:
Don't know (5) For how many bedrooms was the
on-site sewage system approved?
Bedrooms
Yes [ ] No Don't know E. Are all plumbing fixtures, including
laundry drain, connected to the sewer/on-site
sewage system? If no, please explain:
Yes [ ] No Don't know *F. Have there been any changes or repairs to
the on-site sewage system?
Yes [ ] No Don't know G. Is the on-site sewage system, including
the drainfield, located entirely within the
boundaries of the property? If no, please
explain.
Yes No Don't know *H. Does the on-site sewage system require
monitoring and maintenance services more
frequently than once a year? If yes, please
explain:
NOTICE: IF THIS RESIDENTIAL REAL PROPERTY DISCLOSURE STATEMENT IS BEING
COMPLETED, FOR NEW CONSTRUCTION WHICH HAS NEVER BEEN OCCUPIED, THE SELLER
IS NOT REQUIRED TO COMPLETE THE QUESTIONS LISTED IN ITEM 4. STRUCTURAL OR
ITEM 5. SYSTEMS AND FIXTURES.
4. STRUCTURAL
Yes 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?
Yes No Don't know *C. Have there been any conversions,
additions, or remodeling?
Buyer's Initials�k�' Seller's Initials Seller's Initials
Yes No E Don't know (1) If yes, were all building permits
obtained?
Yes No [ Don't know *(2) If yes, were all final inspections
obtained?
Yes No Don't know D. Do you know the age of the house? If
yes, year of original construction:
Yes No Don't know *E. Has there been an settling, slippage, or
sliding of the property or its improvements?
Yes No Don't know *F. Are there any defects with the following:
(If yes, please check applicable items and
explain.)
El Foundations —0—Decks Exterior walls
Fj Chimneys R interior Walls El Fire Alarm
F-I Doors El WindowsPatio
D Ceilings El Slab Floors 01 Driveways
FI Pools El Hot Tub El Saunas
El Sidewalks EJ Outbuildings El Fireplaces
Garage Floors El Walkways R Siding
Other El Wood Stoves Ej Elevators
El Incline Elevators Stainway Chair Lifts M Wheelchair Lifts
Yes No Don't know *G. Was a structural pest or"whole house"
inspection done? If yes, when and by whom was
the inspection completed?
Yes No Don't know H'. During your ownership, has the property
had any wood destroying organism or pest
infestation?
Yes No Don't know I. Is the attic insulated?
Al
Yes No Don't know J. Is the basement insulated?
S. SYSTEM tAIND FIXTURES
*A. If any of the following systems or fixtures
are incliuided with the transfer, are there any
defects? If yes, please explain.
Yes [ ] No Don't know - Electrical system, including wiring,
switches, outlets, and service.
Yes [ ] No Don't know o Plumbing system, including pipes,
faucets, fixtures, and toilets.
Yes No Don't know * Hot water tank
Yes No Don't know e Garbage disposal
Buyer's Initial Seller's Initials Seller's initialsL—
Yes [ ] No on't know e Appliances
Yes [ ] No Don't know 0 Sump pump
Yes [ ] No Don't know ® Heating and cooling systems
Yes [ ] No Don't know Security system
Owned Leased
Other
*13. If any of the following fixtures or property
is included with the transfer, are they [eased? (If
yes, please attach copy of lease.)
Yes No [ Don't know Security system,
Yes No [ Don't know Tanks (type):
Yes r
No Don't know Satellite dish
Yes No Don't know Other:
*C. Are any of the following kinds of wood
burning appliances present at the property?
Yes No Don't know (1) Woodstove?
j Yes No Don't know (2) Fireplace insert?
Yes dIA o Don't know (3) Pellet stove?
Yes No ],Don't know (4) Fireplace?
Yes No Don't know If yes, are all of the (1) woodstoves or (2)
fireplace inserts certified by the U.S.
Environmental Protection Agency as clean
burning appliances to improve air quality and
public health?
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
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.)
s
Buyer's Initia�,Is�- , Seller's Initialfl, 4 Seller"s Initials
Yes No Don't know F. Is the property equipped with smoke
alarms?
6. HOMEOWNERS' ASSOCIATION/COMMON INTERESTS
Yes No Don't know A. Is there a Homeowners' Association?
Name of the Association and contact information
for an officer, director, employee, or other
authorized agent, if any, who may provide the
association's financial statements, minutes,
bylaws, fining policy, and other information that
is not publicly available:
Yes F/Ao [ ] 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)?
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 *13. Does any part of the property contain fill
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 WDon't know D. Are there any shorelines, wetlands,
floodplains, or critical areas on the property?
Yes No on'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?
Buyer's InitiaIL��, Seller's InitialsJ1,1W, Seller's Initials___
Yes No Don't know *F. Has the property been used for
r commercial or industrial purposes?
Yes [ No Don't know *G. Is there any soil or groundwater
contamination?
Yes [ No Don't know *H. Are there transmission poles or other
utility equipment installed, maintained, or buried
on the property that do not provide utility service
to the structures on the property?
Yes No Don't know *I. Has the property been used as a legal or
illegal dumping site?
Yes N,o Don't know *J. Has the property been used as an illegal
drug manufacturing site?
Yes No Don't know *K. Are there any radio towers in the area
that may cause interference with cellular
telephone reception?
S. MANUFACTURED AND MOBILE HOMES
If the property includes a manufactured or mobile home,
Yes [ ] No [ ] Don't know *A. Did you make any alterations to the
home? If yes, please describe the alterations.,
Yes [ ] No [ ] Don't know *13. Did the previous owner make any
alterations to the home?
Yes [ ] No [ ] Don't know *C. If alterations were made, were permits or
variances for theses alterations obtained?
9. FULL DISCLOSURE BY SELLERS
A. Other conditions or defects:
Yes No Don't know *Are there any other existing material defects
affecting the property that a prospective buyer
should know about?
B. Verification:
The foregoing answers and attached explanations
(if any) are complete and correct to the best of
my/our knowledge and I/we have received a
copy hereof. I/we authorize all of my/our real
estate licensees, if any, to deliver a copy of this
disclosure statement to other real estate
licensees and all prospective buyers of the
property.
Buyer's Initial&---e—lf, Seller's Initials
y, Seller's Initials__
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: BUYER:— BUYER:
BUYER'S WAIVER OF RIGHT TO RECEIVE COMPLETED SELLER DISCLOSURE STATEMENT
Buyer has been advised of Buyer's right to receive a completed Seller Disclosure Statement.
Buyer waives that right. However, if the answer to any of the questions in the section
entitled "Environmental" would be "yes," Buyer may not waive the receipt of the
"Environmental" section of the Seller Disclosure Statement.
DATE: BUYER BUYER
Buyer's Initial ���— Seller's Initials Seller's Initials
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