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HomeMy WebLinkAboutPK16-462 - Original - Glen & Meri Martin - Property Acquisition - 11/29/2016 Records1 niNkho KENT ` .. Document WASHINGTON 5 y � $i CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Glen D. and Meri N. Martin Vendor Number: JD Edwards Number Contract Number: PKf tp r !J(o2. This is assigned by City Clerk's Office Project Name: Martin Property Acquisition Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment M Contract ❑ Other: Contract Effective Date: 11/30/16 Termination Date: 1%4/2017 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: $370,000.00 Approval Authority: ❑ Department Director ❑Mayor MCity Council Detail: (i.e. address, location, parcel number, tax id, etc.): Tax parcel 202205-9239 aka 10822 SE 248th Street. 0.83 acres completing the combination of Morrill Meadows and East Hill Parks, where a YMCA facility is planned in the single, larger park. r _ f',. �, ( 'f7 y f z % t t„� i +fryer; ® } r +�.r __ ,y' ✓ ri Y L � � ��,{. #PPD16-20 adccW10877 8 14 REAL ESTATE PURCHASE AND SALE AGREEMENT WITH EARNEST MONEY PROVISION This Agreement is entered between the CITY OF KENT, a Washington municipal corporation ("Buyer"), whose mailing address is 220 4th Avenue South, Kent, Washington 98032-5895, and Glen D. and Merl N. Martin, husband and wife (collectively, "Seller"), whose mailing address is 10822 SE 248th Street, Kent, Washington 98030, for the sale and purchase of real property as follows. The Buyer's obligations under this Agreement are conditioned about subsequent approval by the Kent City Council. i 1. PROPERTY. The Property, which Buyer agrees to buy and Seller agrees to sell, is known as King County Tax Parcel Number 202205-9239, located at 10822 SE 2481h Street, Kent, Washington 98030 (the "Property"). The Property is legally described in Exhibit "A", attached hereto and incorporated herein by this reference. 2. EARNEST MONEY. Within 10 business days of mutual acceptance of this Agreement, Buyer shall deposit with First American Title Insurance Company (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 Three Hundred Seventy Thousand Dollars and NO/100ths ($370,000.00), including Earnest Money, payable on Closing. 4. CONTINGENCIES. This Agreement is contingent upon: (a) Approval of all terms and conditions of the Property's purchase by the Kent City Council. (b) Buyer's receipt of Seller's information contained in the Real Property Transfer Disclosure Statement ("Disclosure Statement"), the form of 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 10 days from the date of mutual acceptance of the Agreement. Within 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 day period, the Disclosure Statement will be deemed approved and accepted by Buyer. (c) A feasibility study as follows: Sellers initials-' f Buyer's Initials ' ��—�—( Seller's Initials ) Y Glen D. and Meri N. Martin Real Estate Purchase and Sale Agreement Page 1 of 29 (i) Buyer shall have 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. (1i) Buyer's feasibility study may include (but is not limited to) a Phase I and a Phase II environmental assessment, to determine if the Property is feasible for the purposes and uses intended. (iii) A Phase I environmental assessment generally will consist of a review of title of ownership and land use, review of geologic and hydrologic maps of the area, review of federal and state databases for known hazardous water generators or contaminated sites, and a site visit. If the Phase I review reveals the potential of a contaminated site, a Phase II environmental assessment may be conducted, which generally will consist of on-site sampling, including the digging or boring of test holes for soil samples. BY EXECUTING THIS AGREEMENT, SELLER HEREBY AUTHORIZES BUYER A RIGHT OF ENTRY ON TO THE PROPERTY FOR THE PURPOSE OF CONDUCTING THIS FEASIBILITY STUDY INCLUDING A PHASE I, 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 in Escrow shall be immediately returned to Buyer. Following any 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 in Escrow shall be immediately returned to Buyer. 5. CONVEYANCE AND CONDITION OF TITLE. (a) Conveyance. At Closing Seller shall convey to Buyer fee simple title to the Property by duly executed and acknowledged Statutory Buyer's Initials ~} Seller's Inifials' ! �Y Seller's Initials Y)'` Glen D. and Meri N. Martin Real Estate Purchase and Sale Agreement Page 2 of 29 IIIi Warranty Deed, free and clear of all defects and encumbrances and subject only to those exceptions that Buyer approves pursuant to this Agreement (the "Permitted Exceptions"). (b) Preliminary Commitment. Buyer shall order a preliminary commitment for an owner's standard coverage policy of title insurance in the amount of the purchase price of the property to be issued by First American Title Insurance Company, whose address and telephone number is 818 Stewart Street, Suite 800, Seattle, WA 98101, (206) 728-0400 (the "Title Company") and accompanied by copies of all documents referred to in the commitment (the "Preliminary Commitment"). Buyer shall advise Seller by written notice what exceptions to title, if any, are disapproved by Buyer ("Disapproved Exceptions") within 5 days of mutual acceptance. Seller will have 5 days after receipt of Buyer's notice to give Buyer notice that: (1) Seller will remove Disapproved Exceptions or (ii) Seller elects not to remove Disapproved Exceptions, If Seller fails to give Buyer notice before the expiration of the 5 day period, Seller will be deemed to have elected not to remove Disapproved Exceptions. For purposes of this Agreement, the following shall not be deemed encumbrances or defects: rights reserved in federal patents or state deed, 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 If Seller elects not to remove any nonmonetary Disapproved Exceptions, Buyer will have until the expiration of the feasibility study period to notify Seller of Buyer's election either to proceed with the purchase and take the Property subject to those exceptions, or to terminate this Agreement within 5 business days after receipt of Seller's notice. If Buyer elects to terminate this Agreement under this Section, the escrow will be terminated, the refundable Earnest Money will be returned to Buyer, all documents and other funds will be returned to the party who deposited them, and neither party will have any further rights or obligations under this Agreement except as otherwise provided herein. If this Agreement is terminated through no fault of Seller, then Buyer shall pay any costs of terminating the escrow and any cancellation fee for the Preliminary Commitment. (c) Title Insurance. At Closing, Buyer shall cause First American Title Insurance Company (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 and consistent with the terms of this Agreement. 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. J Buyer's Initials Seller's Initials Seller's Initials Y Y1 Glen D. and Merl N. Martin Real Estate Purchase and Sale Agreement Page 3 of 29 i 6. CLOSING COSTS AND PRO-RATIONS. Any excise tax due shall be paid by Seller. Buyer shall pay all recording costs, title insurance premium, the costs of any survey, and the fees and expenses of its consultants. Taxes for the current year, rents, interest, water, sewer and other utility charges, if any, shall be paid by Seller, and prorated as of the day of Closing, unless otherwise agreed. 7. CLOSING OF THE SALE. WITH THE UNDERSTANDING THAT TIME IS OF THE ESSENCE FOR THIS AGREEMENT, this sale shall be closed on or before January 4th 2017, 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 in escrow, without delay, all instruments and monies required to complete the transaction in accordance with this Agreement. Closing, for the purpose of this Agreement, is defined as the date that all documents are executed and the sale proceeds are available for disbursement to the Seller. S. CASUALTY LOSS. If prior to Closing, improvements on the Property shall be destroyed or materially damaged by fire or other casualty, this Agreement, at option of the Buyer, shall become null and void. 9. POSSESSION AND LEASE. (a) Buyer shall be entitled to possession on Closing, subject only to the provisions of the Lease, as described in subsection (B) below. (b) Seller and Buyer agree to execute, at Closing, a lease for Seller to remain in possession of the Property for up to six months after Closing, substantially in the form and on the terms of the proposed lease agreement attached and incorporated as Exhibit "D" (the 'Lease"). The rent due for the entire term of the lease, plus all leasehold tax, shall be deducted from Seller's proceeds and credited to Buyer at Closing. 10. SELLER'S REPRESENTATIONS. Seller represents: (a) that Seller will maintain the Property in present or better condition until time of agreed possession; (b) that Seller has no knowledge of notice from any governmental agency of any violation of laws relating to the Property except (c) that if the Property is leased, Seller will provide copies of each and every lease to Buyer within one working day upon request. Buyer's Initial �� Seller's Initials'` ..I Seller's Initials Glen D. and Merl N. Martin Real Estate Purchase and Sale Agreement Page 4 of 29 11. SELLER'S ENVIRONMENTAL REPRESENTATIONS. Seller represents that, to the best of Seller's knowledge, Seller is not aware of the existence of, or has caused or allowed to be caused, any environmental condition (including, without limitation, a spill, discharge, or contamination) that existed as of or prior to Closing, or any act of omission occurring prior to Closing, the result of which may require remedial action pursuant to any federal, state, or local law or may be the basis for the assertion of any third party claims, including claims of governmental entities. This provision shall survive Closing and be in addition to Seller's obligation for breach of a representation or warranty as may be set forth herein. 12. SEPTIC SYSTEM. Seller represents that the Property is served by private on-site sewage system(s) ("OSS"). (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) Buyer agrees to retain a licensed on-site system maintainer ("OSM") to prepare a monitoring and performance inspection report of the OSS ("Operation and Maintenance 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 12(e) below. Within 14 days of mutual acceptance, Seller shall deliver to Buyer a copy of the maintenance records for the OSS, if maintenance records are available. (c) Seller shall cooperate with Buyer to record notice on title required by King County Health Code Section 13.56.054.A. (d) At Closing, Buyer shall pay and authorizes the Escrow 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) Buyer agrees to have the OSS inspected and, if necessary, pumped by an OSS service company at Buyer's expense. If any of the requirements in (a) through (e) above cannot be completed to Buyer's satisfaction, Buyer shall have the option to terminate this Agreement and have the refundable Earnest Money be immediately returned to Buyer. 13. 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, Buyer's Initiahf Sellers Initials 'l t Seller's Initials `_Y'- Glen D. and Merl N. Martin Real Estate Purchase and Sale Agreement Page 5 of 29 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 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. (b) Seller's Default. If Seller defaults hereunder, Buyer shall have all the rights and remedies available at law or in equity. (c) Attorney's Fees and Costs. In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. IS. 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: i s i Buyer's Initial$ Seller's Initials / ' Seller's Initials Glen D. and Meri N. Martin Real Estate Purchase and Sale Agreement Page 6 of 29 I (a) All notices to be given to Buyer shall be addressed as follows: Parks Director City of Kent Parks, Recreation, and Community Services 220 Fourth Avenue South Kent, WA 98032 253-856-5100 (b) All notices to be given to Seller shall be addressed as follows: Glen D. and Meri N. Martin 10822 SE 248th Street Kent, WA 98032 Telephone: 253-347-2299 (c) All notices to be given to Escrow Agent shall be addressed as follows: First American Title Insurance Company 818 Stewart Street, Suite 800 Seattle, WA 98101 Telephone: 206-728-0400 Facsimile: 866-904-2177 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. I.S. CITY COUNCIL ACTION REQUIRED. Seller acknowledges that the closing of the transaction contemplated by this Agreement ("Closing") is expressly conditioned on the Kent City Council's (the "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 Buyer 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. sT`�v i Buyer's Initials-" Seller's Initia '4-ls / Seller's Initials Y"l\ Glen D. and Mari N. Martin Real Estate Purchase and Sale Agreement Page 7 of 29 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. 20. 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. 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 November 16, 2016, 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: SELLER: CITY OF KENT GLEN D. AND MERI N. MARTIN By: ) `;,� C ,a By: �l r� Print Name: Iuze to Cooke glen D. Marn Its: a o Dated, Dated: , tt By; \ _\ Merl N. Martin Dated:—( vnnNgnies\open Hm3\203-Ma,dn,Cie n&P.n,ANYOQllI PSPTLW_aeNY ID11ls-aeulacu Buyer's Initials�___' Seller's Initials.! j ' � I Seller's Initials Glen D. and Merl N. Martin Real Estate Purchase and Sale Agreement Page 8 of 29 i. RAINIER TITLE, LLC EXHIBIT A LEGAL DESCRIPTION That portion of the South half of the South half of the Northeast quarter of Section 20, Township 22 North, Range 5 East, Willamette Meridian, in King County, Washington being described as follows; Commencing at the Southeast corner of said Northeast quarter, Thence North 890 17' 11"West, along the South line of said Northeast quarter, a distance of 2242.18 feet; Thence North 01' 01' 21" East, a distance of 210.00 feet, to the True Point of Beginning; Thence continuing North 01° 01' 21" East, along an existing fence, a distance of 225,00 feet; Thence North 89' 17' 11" West, a distance of 194,01 feet, to the East line of the West 160 feet of said South half of the South half; Thence South 01' 19' 24" West, along said East line, a distance of 225.01 feet; Thence South 890 17' 1 V East, a distance of 195.19 feet to the True Point of Beginning. (Being Lot 2 and a portion of Lot 4, King County Short Plat#R477018, recorded under auditor's file#7804190934, and also Parcel "I", city of Kent Lot Line Adjustment#LL-90-15, as recorded under auditor's file#9005031225.) j Except that portion of said premises described as follows, pursuant to King Count Superior Court Case#88-2-03250-5. That portion of the Southwest quarter of the Northeast quarter of Section 20; Township 22 North, Range 5 East of the Willamette Meridian, described as follows: Commencing at the Southeast corner of the Northeast quarter of said Section 20; Thence North 880 43' 44" West, along the South line of the Northeast quarter of said Section 20 2,399,37 feet; Thence North 010 03' 32" East 210.00 feet along an existing fence line to the South line of Lot 2 of King County Recording Number 7804190934 and the True Point of Beginning for this description; Thence continuing along said fence line North 01' 03' 32" East, 225.00 feet to the North line of said Lot 2; Thence North 88' 43' 44" West, along said line 32.69 feet to the East line of the West 160 feet of the Northeast quarter of said Section 20; Thence South 01° 52' 47 West, along said line 225.01 feet to the South line of said Lot 2; Thence South 88' 43' 44" East, along said line 35.91 feet to the True Point of Beginning and terminus of this description, situate in King County, Washington. Together with and ingress, egress and utilities easement 30.00 feet wide, the centerline being described as follows; Commencing at the Southeast corner of said Northeast quarter; Thence North 890 17' 11" West, along the South line of said Northeast quarter, a distance of 2385.50 feet; Page 2 Thence North 00' 34' 22" East a distance of 30.00 feet, to the North Margin of SE 248th Street and the True Point of Beginning of said centerline; Thence continuing North 00' 34' 22" East, a distance of 415.00 feet; Thence South 89' 25' 38" East a distance of 20.00 feet, to the terminus of said centerline. Together With that portion lying within a circle with a radius of 35 feet, the radius point being located at the terminus of the afore described centerline. Situate in the County of King, State of Washington. End of Schedule A I III I I Page 3 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 10822 SE 248'b STREET, KENT, WASHINGTON, ("THE PROPERTY"), OR AS LEGALLY DESCRIBED ON ATTACHED EXHIBIT A. SELLER MAKES THE FOLLOWING DISCLOSURES OF EXISTING MATERIAL FACTS OR MATERIAL DEFECTS TO BUYER BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME SELLER COMPLETES THIS DISCLOSURE STATEMENT. UNLESS YOU AND SELLER OTHERWISE AGREE IN WRITING, YOU HAVE THREE BUSINESS DAYS FROM THE DAY SELLER OR SELLER'S AGENT DELIVERS THIS DISCLOSURE STATEMENT TO YOU TO RESCIND THE AGREEMENT BY DELIVERING A SEPARATELY SIGNED WRITTEN STATEMENT OF RESCISSION TO SELLER OR SELLER'S AGENT. IF THE SELLER DOES NOT GIVE YOU A COMPLETED DISCLOSURE STATEMENT, THEN YOU MAY WAIVE THE RIGHT TO RESCIND PRIOR TO OR AFTER THE TIME YOU ENTER INTO A SALE AGREEMENT. THE FOLLOWING ARE DISCLOSURES MADE BY SELLER AND ARE NOT THE REPRESENTATIONS OF ANY REAL ESTATE LICENSEE OR OTHER PARTY. THIS INFORMATION IS FOR DISCLOSURE ONLY AND IS NOT INTENDED TO BE A PART OF ANY WRITTEN AGREEMENT BETWEEN BUYER AND SELLER. FOR A MORE COMPREHENSIVE EXAMINATION OF THE SPECIFIC CONDITION OF THIS PROPERTY YOU ARE ADVISED TO OBTAIN AND PAY FOR THE SERVICES OF QUALIFIED EXPERTS TO INSPECT THE PROPERTY, WHICH MAY INCLUDE, WITHOUT LIMITATION, ARCHITECTS, ENGINEERS, LAND SURVEYORS, PLUMBERS, ELECTRICIANS, ROOFERS, BUILDING INSPECTORS, ON-SITE WASTEWATER TREATMENT INSPECTORS, OR STRUCTURAL PEST INSPECTORS. THE PROSPECTIVE BUYER AND SELLER MAY WISH TO OBTAIN PROFESSIONAL ADVICE OR INSPECTIONS OF THE PROPERTY OR TO PROVIDE APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN THEM WITH RESPECT TO ANY ADVICE, INSPECTION, DEFECTS OR WARRANTIES. Seller is / _ is not occupying the property. DATE: SELLER; � i � SELLER: 11' f 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. 1. TITLE VrYes [ ] No [ ] Don't know A. Do you have legal authority to sell the property? If no, please explain. [ ] Yes J/f-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 14 No [ ] Don't know *C. Are there any encroachments, boundary agreements, or boundary disputes? [ ] Yes [ ] No .VfDon't know *D. Is there a private road or easement agreement for access to the property? [ ] Yes J4No [ ] 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 .1,1' No [ ] Don't know *F. Are there any written agreements for joint maintenance of an easement or right-of-way? [ ] Yes KNNo [ ] Don't know *G. Is there any study, survey project, or notice that would adversely affect the property? [ ] Yes 114�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 ZKo [ ] Don't know *K. Are there any covenants, conditions, or restrictions recorded against the property? it DATE: �`�� f����SELLEfY �] SELLER: TY , t }"ti •� Y�� e 1 �n I 2. WATER A. Household Water (1) The sourc of water for the property is: Private or publicly owned water system [ ] Private well serving only the subject Property *[ ] Other water system [ ] Yes [ ] No [ ] Don't know * If shared, are there any written agreements? [ ] Yes f/]`YNo [ ] Don't know *(2) Is there an easement (recorded or unrecorded) for access to and/or maintenance of the water source? [ ] Yes VTNo [ ] Don't know *(3) Are there any problems or repairs needed? ,F]"fes [ ] 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 Don't know *(5) Are there any water treatment systems for the property? If yes, are they [ ] Leased [ ] Owned. [ ] Yes J,3 o [ ] 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 "M"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) i I 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? DATE: I t Z t t SELLER: )�('7� SELLER: 1 �" T_ — [ ] 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 JiTNo [ ] 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 ,[�j 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 .[,a'On-site sewage system (including pipes, tanks, drainfields, and all other component parts) [ ] Other disposal system, please describe: I [ ] Yes [-]"No [ ] Don't know B. If public sewer system service is available to the property, is the house connected to the sewer main? If no, please explain. [ ] Yes [.A]`No [ ] Don't know *C. Is the property subject to any sewage system fees or charges in addition to those covered in your regularly billed sewer or on-site sewage system maintenance service? D. If the property is connected to an on- 1 7 9 r 1 DATE: € +� rf 1 �� SELLER:�� SELLER:Y'i� �e+ Y`V'=@t i.; site sewage system: [° Yes [] No [] Don't know *(1) Was a permit issued for its construction, and was it approved by the local health department or district following its construction? (2) When was it last pumped: 14 [ ] Yes d(.�'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 [,]`go [ ] 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 5. STRUCTURAL OR ITEM 6. SYSTEMS AND FIXTURES. 4. HEATING A. How is the residence heated ? ❑ Baseboard ❑rElectric Gas ❑ Oil ❑ Propane [ ] Yes (�fNo [ ] Don't know Is there an onsite fuel tank? DATE: I `� /A����SELLER � it�� ! SELLER: 5. STRUCTURAL [ ] Yes ['JNo [ ] Don't know *A. Has the roof leaked within the last five years? i [ ] Yes .[,,11io [ ] Don't know *B. Has the basement flooded or leaked? [ ] Yes [.]-No [ ] Don't know *C. Have there been any conversions, additions, or remodeling? [ ] Yes [ ] No [ ] Don't know *(I) If yes, were all building permits obtained? [ ] Yes [ ] No [ ] Don't know *(2) If yes, were all final inspections obtained? i-] Yes [ ] No [ ] Don't know D. Do you know the age of the house? If yes, year of original construction: [ ] Yes �k]"No [ ] Don't know *E. Has there been an settling, slippage, or sliding of the property or its improvements? [ ] Yes 1.-I-No [ ] Don't know *F. Are there any defects with the following: (If yes, please check applicable items and explain.) ❑ Foundations ❑ Decks ❑ Exterior Walls ❑ Chimneys ❑ Interior Walls ❑ Fire Alarm ❑ Doors ❑ Windows ❑ Patio ❑ Ceilings ❑ Slab Floors ❑ Driveways ❑ Pools ❑ Hot Tub ❑ Saunas ❑ Sidewalks ❑ Outbuildin s ❑ Fire laces ❑ Garage Floors ❑ walkways ❑ Siding ❑ Other ❑ Wood Stoves Yes No Don't know *G. Was a structural pest or "whole house" inspection done? If yes, when and by whom was the inspection completed? [ ] Yes r[.],lgo [ ] Don't know H. During your ownership, has the property had any wood destroying organism or pest infestation? ,[tT`Yes [ ] No [ ] Don't know I. Is the attic insulated? [ ] Yes [ f No [ ] Don't know J. Is the basement insulated? 6. SYSTEMS AND FIXTURES *A. If any of the following systems or fixtures are included with the transfer, are there any defects? If yes, please explain. P 1 ) I �r'I 6 DATE: SELLER SELLER: �J [ ] Yes [�]'No [ ] Don't know • Electrical system, including wiring, switches, outlets, and service. [ ] Yes [ ] No [ ] Don't know • Plumbing system, including pipes, faucets, fixtures, and toilets. [ ] Yes [ ] No [ ] Don't know • Hot water tank [ ] Yes No` M/ Don't know • Garbage disposal " [ ] Yes [r]"No [ ] Don't know • Appliances [ um] Yes [ ] No [ ] Don't know • Sump p [ ] Yes j,�rNo [ ] Don't know • Heating and cooling systems Yes [ ] No [ ] Don't know • Security system [�J Owned [ ] Leased [ ] Other *B. If any of the following fixtures or property is included with the transfer, are they leased? (If yes, please attach copy of lease.) [ ] Yes ] No [ ] Don't know Security system [ ] Yes } No [ ] Don't know Tanks (type): [ ] Yes H 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? [ ] Yes No [ ] Don't know (2) Fireplace insert? i [ ] Yes No [ ] 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? 1�1 d 1y DATE: '`�� �/ 'SELLER:, _ Y SELLER: �� Y 'c� f ['fYes [ ] No [ ] Don't know D. Is the property located within a city, '1 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.) JA Yes [ ] No [ ] Don't know F. Is the property equipped with smoke alarms? 7. HOMEOWNERS' ASSOCIATION/COMMON INTERESTS [ ] Yes [,,I'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 j is not publicly available. [ ] Yes J J 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 _2 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)? S. 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 r[]'No [ ] Don't know *B. Does any part of the property contain fill dirt, waste or other fill material? DATE: SELLFI#'il f SELLER: 1 {�� "Y'E� i([,L�.tn [ ] Yes [XNo [ ] Don't know *C. Is there any material damage to the property from fire, wind, floods, beach movements, earthquake, expansive soils, or landslides? [ ] Yes J/1'No [ ] Don't know D. Are there any shorelines, wetlands, floodplains, or critical areas on the property? [ ] Yes �J-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 H 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? I [ ] Yes [-]`No [ ] Don't know *I. Has the property been used as a legal or illegal dumping site? [ ] Yes [e]"'No [ ] Don't know *J. Has the property been used as an illegal drug manufacturing site? [ ] Yes J]-No [ ] Don't know *K. Are there any radio towers in the area that may cause interference with cellular telephone reception? 9, MANUFACTURED AND MOBILE HOMES If the property includes a manufactured or mobile home 4 [ ] Yes [ ] No [ ] Don't know *A. Did you make any alterations to the home? If yes, please describe the alterations: [ ] Yes [ ] No [ ] Don't know *B. Did the previous owner make any alterations to the home? [ ] Yes [ ] No [ ] Don't know *C. If alterations were made, were permits or variances for theses alterations obtained? DATE: i��I ' SELLEA SELLER: 10. FULL DISCLOSURE BY SELLERS A. Other conditions or defects: I [ ] Yes Pfj o [ ] 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. it i II I I � 1 ( R DATE: SELLER:,' %/ SELLER: 16; 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 J.ICENSEE OR OTHER; PARTY. �f j DATE r z ,`-' BUYER t !' �_ : ' BUYER: BUYERS 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 1 � r DATE: 1-a .. ( w_ SELLER: SELLER. l' d j 3J� EXHIBIT C SCHEDULE B OF TITLE REPORT i III i i i SCHEDULE B PARTI I. The following are the requirements to be complied with: A. Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. B. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. NOTE: Effective January 1, 1997, and pursuant to amendment of Washington state statutes relating to standardization of recorded documents, the following format and content requirements must be met. Failure to comply may result in rejection of the document by the recorder. FORMAT: • Margins to be 3" on top of first page, 1" on sides and bottom, 1" on top, sides and bottom of each succeeding page. • Font size of 8 points or larger and paper size of no more than 8 '/" by 14". • No attachments on pages such as stapled or taped notary seals, pressure seals must be smudged. INFORMATION WHICH MUST APPEAR ON THE FIRST PAGE: • Title or titles of document. If assignment or reconveyance, reference to auditor's file number or subject deed of trust. • Names of grantor(s) and grantee(s) with reference to additional names on following page(s), if any. • Abbreviated legal description (lot, block, plat name or section, township, range and quarter section for unplatted). • Assessor's tax parcel number(s). • Return address which may appear in the upper left hand 3" top margin. II. Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of the satisfaction of the Company: A. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records, or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. B. Any policy issued pursuant hereto will contain the Exclusions From Coverage and, under Schedule B, the standard exceptions as set forth and identified as to the type of policy on the attached Schedules of Exclusions and Exceptions. End of Schedule B Part I Page 4 Order Number: 710915RT i SCHEDULE B PART II General Exceptions: Schedule B Exceptions appearing in ALTA Owner's Policy (6117/06)—Standard Coverage and ALTA Loan Policy (6/17/06)—Standard Coverage: 1. Taxes or assessments which are not shown as existing liens by the public records. 2. (1) Unpatented mining claims; (ii) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (iii) water rights, claims or title to water; whether or not the matters described in (i), (ii), & (III) are shown in the public records; (iv) Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. 3. Rights or claims of parties in possession not shown by the public records. 4. Easements, claims of easements or encumbrances which are not shown by the public records. 5. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey and inspection of the premises and which are not shown by the public records. 6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 7. Any service, installation, connection, maintenance, tap, capacity, construction or reimbursement charges for sewer, water, electricity or other utilities, or for garbage collection and disposal. 8. Any titles or rights asserted by anyone, including but not limited to persons, corporations, governments, or other entities, to tidelands, or lands comprising the shores or bottoms of navigable rivers, lakes, bays, ocean or gulf, or lands beyond the line of the harbor or bulkhead lines as established or changed by the United States Government, or riparian rights, if any. 9 Minerals of whatsoever kind, subsurface and surface substances, including but not limited to coal, lignite, oil, gas, uranium, clay, rock, sand and gravel in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not appearing in the Public Records or listed in Schedule B. The Company makes no representation as to the present ownership of any such interests. There may be leases, grants, exceptions or reservations of interests that are not listed. Schedule B Exceptions appearing in ALTA Owner's Policy (6/17/06)—Extended Coverage: 1. Taxes or assessments which are not shown as existing liens by the public records. 2. (1) Unpatented mining claims; (ii) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (iii) water rights, claims or title to water; whether or not the matters described in (i), (ii), & (III) are shown in the public records; (iv) Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. 3. Any service, installation, connection, maintenance, tap, capacity, construction or reimbursement charges for sewer, water, electricity or other utilities, or for garbage collection and disposal. 4. Any titles or rights asserted by anyone, including but not limited to persons, corporations, governments, or other entities, to tidelands, or lands comprising the shores or bottoms of navigable rivers, lakes, bays, ocean or gulf, or lands beyond the line of the harbor or bulkhead lines as established or changed by the Unites States Government, or riparian rights, if any. 5 Minerals of whatsoever kind, subsurface and surface substances, including but not limited to coal, lignite, oil, gas, uranium, clay, rock, sand and gravel in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not appearing in the Public Records or listed in Schedule B. The Company makes no representation as to the present ownership of any such interests. There may be leases, grants, exceptions or reservations of interests that are not listed. Schedule B Exceptions appearing in ALTA Loan Policy (6/17106) and ALTA Homeowner's Policy Of Title Insurance (02103110) 1 Minerals of whatsoever kind, subsurface and surface substances, including but not limited to coal, lignite, oil, gas, uranium, clay, rock, sand and gravel in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not appearing in the Public Records or listed in Schedule B. The Company makes no representation as to the present ownership of any such interests. There may be leases, grants, exceptions or reservations of interests that are not listed. Page 6 SCHEDULE E PART II (continued) Special Exceptions: 1. Payment of real estate excise tax, if required, pursuant to the authority of RCW Chapter 82.45, and subsequent amendments thereto. The property described herein is situated within the boundaries of local taxing authority of the City of Kent. As of the effective date herein, the real estate excise tax rate is 1.78%. 2. General taxes and charges: list half delinquent May 1, if not paid; 2nd half delinquent November 1, if not paid. Year: 2016 Amount billed: $4,628.02 Amount paid: $2,314.01 Amount unpaid: $2,314.01 Tax Account No.: 202205-9239 Levy code: 1525 Assessed value of land: $196,000.00 Assessed value of improvements: $136,000.00 Based on the Treasurer's records, the name and address of the last taxpayer is: Glen D. Martin and Meri N. Martin 10822 S.E. 248th Kent, WA 98031 3. To help you avoid delays at closing, we would like to make you aware of our final recording run times: Regular recordings: King County: 2:30 pm Pierce County: 2:45 pm Snohomish County: 1:30 pm Monday through Thursday, 1:00 pm Friday KING COUNTY recordings are processed out of our Seattle office at 1501 4th Avenue, Suite 300. SNOHOMISH COUNTY recordings are processed out of our Everett office at 2722 Colby Avenue, Suite 125. PIERCE COUNTY recordings are processed out of our University Place office at 3560 Bridgeport Way W., Suite 2E. E-recordings: King County: Non-excise only, 3:30 pm Pierce County: Non-excise only, 3:45 pm Snohomish County: 3:30 pm Monday through Thursday, 3:00 pm Friday NOTE: There is an additional $4.00 charge per document when E-Recording. When E- Recording documents requiring excise clearance (available in Snohomish County only), checks must be made payable to "Rainier Title". E-Recordings are processed out of our Everett office at 2722 Colby Avenue, Suite 125. Page 6 4. The legal description in this commitment is based upon information provided with the application for title insurance and the public records as defined in the policy to issue. The parties to the forthcoming transaction must notify the title insurance company, prior to closing, if the description does not conform to their expectations. 5. Deed of Trust and the terms and conditions thereof: Grantor: Glen D. Martin and Mari N. Martin, husband and wife Trustee: Rainier Title Escrow Beneficiary: Mortgage Electronic Registration System, Inc., acting solely as nominee for Mortgage Brokers Services, Inc., dba Kiel Lending Original amount: $169,000.00 Dated: October 18, 2012 Recorded: October 31, 2012 Recording No.: 20121031002542 6. The policy requested in the application for insurance is ALTA Homeowner's Policy of Title Insurance for a One-to-Four Family Residence. Said policy is not available for this property because other issues, please contact your title officer with any questions. The ALTA Owner's Policy as identified in Schedule A hereof will be issued. 7. We find no pertinent matters of record against the name(s) of the vested owners. 8. We find no conveyances within the last 36 months. NOTE: The Recording No. of the Deed under which title is held is: 9105241706. 9. The land described in this commitment appears to be residential in nature and may be subject to the provisions of RCW 6.13.060 (Homestead Statute), if the land is occupied as a primary residence. If the land is occupied as a primary residence, all instruments conveying or encumbering the land must be executed by each spouse, individually, or by an attorney-in-fact. In the event the Company receives instruments that are not joined by the non-owning spouse with possible homestead rights, the Company may be unable to record or to insure the transaction. 10. Title will be vested in parties yet to be disclosed. When title is vested, their title will be subject to matters of record against their names. 11. Easement and the terms and conditions thereof: Grantee: Puget Sound Power& Light Company Purpose: Electric transmission and/or distribution line(s) Area affected: a portion of said premises Recorded: April 10, 1978 Recording No.: 7804100715 12, All covenants, conditions, restrictions, reservations, easements or other servitudes, if any, but omitting restrictions, if any, based upon race, color, creed or national origin, disclosed by the short plat recorded under Recording No. 7804190934. 13. Agreement and the terms and conditions thereof: Recorded: June 2, 1987 Recording No.: 8706021214 Regarding: Boundary Lines Said instrument is a re-record of instrument recorded May 11, 1987, under Recording No. 8705110435. Page 7 14. All covenants, conditions, restrictions, reservations, easements or other servitudes, if any, but omitting restrictions, if any, based upon race, color, creed or national origin, disclosed by the boundary line adjustment recorded under Recording No. 9005031225. End of Schedule B Part II I I Page 8 AMENDMENT ®NE to the Real Estate Purchase and Sale Agreement for the Martin Property M FzR l 'n'N- This Amendment One is made between GLEN D. and MARI N. MARTIN, husband and wife ("Seller"), and the CITY OF KENT, a Washington municipal corporation ("Buyer"), and amends and becomes part of the parties' Real Estate Purchase and Sale Agreement for the real property located at 10822 SE 248th Street, Kent, Washington 98030, and known as King County Tax Parcel No. 202205-9239 ("Agreement"). NOW THEREFORE, IT IS AGREED BETWEEN BUYER AND SELLER AS FOLLOWS: 1. Escrow Agent - Change. Section 2 of the Agreement is amended to change the identity of the Escrow Agent who will handle closing. Rainier Title, whose address and telephone number is 1501 4th Avenue, Suite 300, Seattle, WA 98101, (425) 551-5501, shall replace First American Title Company as the Escrow Agent for this transaction. All references to "Escrow Agent" in the Agreement shall mean and refer to Rainier Title as identified in this Amendment One. 2. Title Company - Change. Section 5 of the Agreement is amended to provide that a preliminary commitment and title insurance will be obtained from and provided by Rainier Title, whose address and telephone number is 1501 4th Avenue, Suite 300, Seattle, WA 98101, (425) 551-5501, All references to "Title Company" in the Agreement shall mean and refer to Rainier Title as identified in this Amendment One. 3. Notice Address - Escrow Agent - Change. Section 17 of the Agreement is amended to replace the notice address for the Escrow Agent in subparagraph (c) with the following: Rainier Title 1501 4th Avenue, Suite 300 Seattle, WA 98101 Telephone: (425) 728-0400 Facsimile: (206) 230-7779 4. All other terms and conditions of the Agreement shall remain unchanged. IN WITNESS WHEREOF, the parties hereto have executed this Amendment One, which shall be effective on last date set forth below. SELLER (J1en lyi, BUYER Glen D, and Maxi N. Martin City of Kent 10822 SE 248th Street 220 Fourth Avenue South Kent, WA 98030 � Kent, WA 98032 � r r' Glen I� Martin Date Suzette,Cgoke, Mayor Date ill $oar+ N. Martin Date v:wigeies�open Fllez\1003idartm,Bien amm evµercm asn.nmenamanroneeoe. EXHIBIT D LEASE AGREEMENT THIS LEASE is entered into as of the Effective Date, as defined below, by and between the CITY OF KENT ("Owner"), and Glen D. and Merl N. Martin, husband and wife ("Tenant"). 1. PREMISES The Owner leases to Tenant one single-family house and the surrounding grounds located on King County Tax Parcel No. 202205-9239, located at 10822 SE 2481" Street, Kent, Washington, 98030, and legally described in Attachment "A" attached and incorporated hereby into this Lease by reference (the "Premises"). 2. USE Tenant shall use the Premises for personal residence purposes only. No use shall be made of Premises, nor act done in or about Premises, that is illegal or unlawful under any local, state or federal law, that violates the city of Kent Zoning Code, or that will increase the existing rate of insurance for the Premises. Tenant shall not commit, or allow to be committed upon the Premises, any waste or any public or private nuisance. Tenant will comply, at Tenant's own cost and expense, with all reasonable orders, notices, regulations or requirements of any municipality, state or other governmental authority respecting the use of the Premises. 3. TERM i The term of this Lease shall begin upon the first day of the month following Closing of the sale of the Premises between Owner, as buyer, and Tenant, as seller. The sale was closed on , 2016. This Lease shall continue for six months from the date thereof, terminating at 11:59 p.m. on , 2017; provided that Tenant may terminate this Lease sooner upon giving Owner 20 days written notice prior to the end of the month in which Tenant desires to terminate the Lease. 4. RENT Tenant is responsible for monthly rent of $2,000 per month, plus leasehold tax at the rate of 12.84%, for a total cost of $2,256,80 per month for each month during which this Lease remains in effect. The total rent and leasehold tax due for the entire term of this Lease was deducted from Tenant's sale proceeds at closing. If Tenant terminates this lease prior to its expiration date, Owner will reimburse Tenant a pro-rata share of the rental cost due for the unexpired rental period. 5. TAXES Tenant shall pay any tax including, but not limited to, leasehold excise tax that this i Lease, or the interest created thereby, may be subject to at any time during the term of the Lease or renewal thereof. Exhibit"D" Draft Lease Agreement City of Kent and Glen D. and Merl N. Martin h. 6. RE-DELIVERY Tenant, at the expiration of the term in Section 3, any extension of the term, or upon any sooner termination of this Lease, will, without notice, quit and deliver up the Premises to the Owner peaceably, quietly, and in as good order and condition as the same now are or may hereafter be placed by Owner, reasonable use and wear thereof excepted. 7. TENANT'S OBLIGATIONS A. Utilities; Tenant will pay, when due, all utilities (water, sewer, gas, garbage, electricity, etc.). It is the obligation of the Tenant to set up or continue utility services at the beginning of tenancy. Tenant is to pay all utility companies directly. The Tenant is obligated for all utilities until the last day of tenancy. Tenant shall cause no liens of record to be placed upon the Premises because of delinquent utility charges. B. Operation of Appliances: Tenant shall properly use and operate all electrical, gas, heating, and plumbing fixtures as well as appliances supplied by the Owner on the Premises. C. Appliances: Tenant shall promptly repair any appliances if the malfunction was caused by Tenant. D. Broken Glass: Tenant shall promptly replace any glass that is broken as a result of any activity by the Tenant or any of Tenant's guests or invitees. E. Yard: Tenant shall, at Tenant's own expense, maintain the Premises by watering, weeding, and overall conditioning the lawn, shrubs, trees, and landscaping. F. UtilitVSystem: Tenant shall protect the plumbing system from freezing and maintain the heating system, which includes regular changing of the furnace filters if applicable. G. Regular Maintenance: Regular maintenance of faucets, pipes, gutters, furnace, roof, and chimney is the Tenant's obligation year round. Annual maintenance of the roof will include such work as pressure washing and replacement of loose or missing shingles. H. Paint: Exterior surfaces shall be treated by the Owner on a life cycle schedule every 5-7 years. Maintenance of interior surfaces shall be the sole responsibility of the Tenant. I. Dangerous Conditions: Tenant shall immediately notify the Owner of any dangerous condition that might lead to the impairment of the value of the Premises. J. Insurance: Tenant shall procure and maintain renter's insurance in connection with Tenant's use of the Premises, in a form and in an amount acceptable to both the City Attorney and the City's Risk Manager. j Exhibit "D" Draft Lease Agreement City of Kent and Glen D. and Merl N. Martin i. 8. EXCEPTIONS FROM LEASE: The following items will not be repaired or replaced by the Owner and remain on the Premises only for the convenience of the Tenant: 9. OWNER OBLIGATIONS: Owner agrees to maintain the Premises according to the laws of the State of Washington and federal agencies. However, if a defective condition was caused directly or indirectly by the Tenant, Tenant's family, guests, licensees, or any other person acting under the control or direction of Tenant, the Owner shall have no obligation to repair said defect. The Tenant shall have no defense against the Owner to remedy the defective condition. This applies also where Tenant unreasonably fails to notify the Owner of the condition or allow Owner access to the Premises for the purpose of repair. 10. ALTERATIONS Tenant shall not make any alterations, additions or improvements to the Premises without obtaining the consent of Owner in writing first, which consent shall not be unreasonably withheld. Owner does hereby consent to cosmetic alterations such as painting. All alterations, additions and improvements that are made shall be at the sole cost and expense of Tenant. All improvements shall become the property of the Owner except for improvements that Owner, at Owner's option, agrees are the property of Tenant, or improvements that Owner requests Tenant remove at termination. If the Tenant performs work with the consent of the Owner, Tenant agrees to comply with all laws, ordinances, rules, regulations of the appropriate governing authority. The Tenant further agrees to save the Owner free and harmless from damage, loss or expense arising out of said work. 11. INDEMNIFICATION MOLD HARMLESS Tenant shall defend, indemnify and hold the Owner, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Lease, except for injuries and damages caused by the sole negligence of the Owner. Should a court of competent jurisdiction determine that this Lease is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Tenant and the Owner, its officers, officials, employees, and volunteers, the Tenant's liability hereunder shall be only to the extent of the Tenant's negligence. The provisions of this Section shall survive the expiration or termination of this Lease. 12. LIENS Tenant shall keep the leased Premises free from any liens arising out of any work performed, materials furnished, or obligations incurred by Tenant. 13. ASSIGNMENT Tenant shall not assign this Lease or any part thereof. Tenant shall not let or sublet the single-family dwelling existing on the Premises. This Lease shall not be assignable by operation of law. Exhibit"D" Draft Lease Agreement City of Kent and Glen D. and Meri N. Martin 14. ACCESS Tenant will allow Owner or Owner's agents free access at all reasonable times to the Premises for the purposes of inspection. This right shall not be construed as an agreement on the part of the Owner to make repairs, additions, or alterations. i 15. DAMAGE OR DESTRUCTION, REPAIR OR REPLACEMENT In the event the Premises is damaged to such extent as to render the Premises untenantable in whole or in a substantial part thereof, or is destroyed, the Tenant shall give Owner or Owner's agent immediate written notice thereof, and, it shall be the sole option of Owner to repair or rebuild the same. Owner shall have not more than thirty days after date of such notification to notify the Tenant in writing of Owner's intentions to repair or rebuild the Premises, or the part damaged. If Owner elects to repair or rebuild the Premises, Owner shall begin the work of repairing or rebuilding without unnecessary delay. If Owner elects not to repair or rebuild the Premises, this Lease shall be terminated and Owner shall not be obligated to provide Tenant another facility to lease. 16. NOTICES All notices to be given by the parties hereto shall be in writing and may either be served personally or may be deposited in the United States Mail, postage prepaid, by either registered mail or by regular mail with certificate of mailing obtained. Notices shall be mailed to the addresses below, or a later changed addressed provided in writing to the party: OWNER: City of Kent Attn: Parks &Community Services Director 220 Fourth Avenue South Kent, Washington 98032 (253) 856-5700 TENANT: Glen D and Merl N. Martin 10822 SE 248th Street Kent, Washington 98030 (253) 347-2299 17. DEFAULT AND RE-ENTRY If Tenant shall violate, default or not comply with any of the material covenants, agreements or provisions of this Lease, then the Owner may cancel this Lease upon giving the notice required by law, and re-enter the Premises, using such force as may be required. The failure of the Owner to insist upon strict performance of any of the covenants and agreements of this Lease, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenant or agreements, but the same shall be and remain in full force and effect. Exhibit'D" Draft Lease Agreement City of Kent and Glen D. and Merl N. Martin 18. COSTS AND ATTORNEYS FEES If by reason of any default on the part of Tenant it becomes necessary for the Owner to use an attorney, or if Tenant shall bring any action for any relief against Owner, declaratory or otherwise, arising out of this Lease, each party shall be responsible for its own attorney's fees. 19. REMOVAL OF PROPERTY i In the event of any entry in, or taking possession of, the Premises, the Owner shall have the right, but not the obligation, to remove from the Premises all personal property located therein. Owner may store the same in any place selected by Owner, including but not limited to a public warehouse, at the expense and risk of the owners of the personal property, with the right to sell such stored property in accordance with Chapter 59.18 RCW. 20. HEIRS AND SUCCESSORS Subject to the provision hereof pertaining to assignment and subletting, the covenants and agreements of this Lease shall be binding upon the heirs, legal representatives, successors and assigns of all of the parties hereto. 21. HOLDOVER If the Tenant shall, with the written consent of Owner, holdover after the expiration of the term of this Lease, such tenancy shall be for an indefinite period of time on a month to month tenancy, and such tenancy may be terminated as provided by the laws of the State of Washington. During such tenancy Tenant agrees to pay to the Owner 110% ($2200) per month of the rent paid prior to Tenant holding over, plus 100% leasehold tax on the rent, and agrees to be bound by all of the terms, covenants, and conditions of this Lease, so far as applicable. 22. SUBORDINATION Upon Owner entering into any financing or refinancing affecting the Premises, Tenant agrees to execute documents within three days of the request of Owner to subordinate this Lease to any mortgage, (or deed of trust or other security) granted to a financing institution or other secured party or entity. 23. EFFECTIVE DATE The foregoing conditions are mutually agreed to by the Owner and the Tenant, and this Lease shall take effect on the last date signed below (`Effective Date"). TENANT: OWNER: CITY OF KENT Print Name: Glen D. Martin Print Name: Suzette Cooke Its: Mayor Date: Print Name: Meri N. Martin Date: 11' 1 ' t tr. Exhibit"D" Draft Lease Agreement City of Kent and Glen D. and Meri N. Martin STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this day of 2016, before me a Notary Public in and for the State of Washington, personally appeared Glen D. Martin, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument and acknowledged it to be his free and voluntary act and deed for the uses and purposes mentioned in this instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires i STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this day of 2016, before me a Notary Public in and for the State of Washington, personally appeared Merl N. Martin, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument and acknowledged it to be her free and voluntary act and deed for the uses and purposes mentioned in this instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. I NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires Exhibit"D" Draft Lease Agreement City of Kent and Glen D. and Merl N. Martin STATE OF WASHINGTON ) ss. COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that Suzette Cooke is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she is authorized to execute the instrument on behalf of the City of Kent as its Mayor, and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This Box- li IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. i NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires P:\GNI\FlleACW F1ee\2003`1ft11.Glen®IAe,PSAV3I la PSA R Rell"Ins_10t116-CIFAN d... III 1 Exhibit"D" Draft Lease Agreement City of Kent and Glen D. and Merl N. Martin Attachment A to Lease Agreement LEGAL DESCRIPTION [Need from Title Report] Subject I.cg+A Dcxcription 41,1dr"9 0 0"KI"e C'ovnry Ass.i1w POR S In OF 5 10.Or Nn LA STR 20-22-05 DAB:CONIM SE COR SD NL 114 TN N 8947r I I W ALG S I.N SD NA 1/4 DINT 2242A 8 FT'III N 01-w-21 R 210.00 FT T'O TPOB'ITJ CONIO 14 01-01�21 Is ALG EXISTING UhNCIH 225.00 FT TH N 89-17-11 W 194 OI F-1'1'0 B I.N W I N)FT SD S 112 OF S I12 TD 501-1`3--24 W ALG SD F.I.N 225.0 I BT TI I S 89-17-11 E 195A 9 FT 'FOI FOR(BEING LO'T 2 A POR LOT 4 PING CO SNORT PLAT NO R477018 RECORDING NO 781Y4190911)--AKA PARCEL"N PER CITY OF KENT LOT L WE ADIUSTMEN'1'NO LI.9045 RECORDMG NO 9005031225—LESS POR AWARDED nv DFCKFE IN KING CO SUP CI' CAIJSl4 NO 88-2-03250-5 EN'IP.RED OS FFiB 1999 DAF:COMM SR COR NR Ilb SO 3EC 20 TI I N 88-43-44 W ALO S IN NE 1/4 SD SEC 20 OKI' 2199.37 1I''121 N 01-03-32 B 2 LO.N)VT ALG EXIS 1TNG FBNCB'1'O S LN IAT 2 PING(X)SI1ORT PLAT NO R477018 RECORDING NO 7804190934 &TFOB'IH CON't C ALO SO PENCE N OI-03 32 F_225.00 FT 1'0 N IN SD 1.0'1'2'nI N 88.43.44 W ALG 81)N IN 32,69 F1"1'0 BLN W 160 IT OF NE 114 SD qFC 21)'ll1 S 01-52-47 W ALG SO E LN 225.01 F-r FO S LN SD LOP 2'1'H S 88 43 44 F.ALO SD S LN 35.9I BI"1'0 TPOB j I h Exhibit"D" Draft Lease Agreement City of Kent and Glen D. and Merl N. Martin AMENDMENT TWO to the Real Estate Purchase and Sale Agreement for the Martin Property �I This Amendment One is made between GLEN D. and MERI N. MARTIN, husband and wife ("Seller"), and the CITY OF KENT, a Washington municipal corporation ("Buyer"), and amends and becomes part of the parties' Real Estate Purchase and Sale Agreement for the real property located at 10822 SE 248th Street, Kent, Washington 98030, and known as King County Tax Parcel No. 202205-9239 ("Agreement"). NOW THEREFORE, IT IS AGREED BETWEEN BUYER AND SELLER AS FOLLOWS: 1. Closing Date - Change. Section 7 of the Agreement is amended to change the closing date from on or before January 4th, 2017, to on or before Monday, January 9, 2017. 2. All other terms and conditions of the Agreement shall remain unchanged. IN WITNESS WHEREOF, the parties hereto have executed this Amendment One, which shall be effective on last date set forth below. SELLER BUYER I Glen D. and Meri N. Martin City of Kent 10822 SE 248th Street 220 Fourth Avenue South Kent, WA 98030 Kent, WA 98032 - 122 Glen D. Martin Date Suzettelcooke, Mayor Date Jf f r".12 Meri N. Martin Date rgernyee:\or^n Flzs�x000-FFirnin,eiw a n.n rsn�oiamn rsa.an=.nemenemo,eoe. it If AMENDMENT TWO to the Real Estate Purchase and sale Agreement for the Martin Property This Amendment One is made between GLEN D. and MERI N. MARTIN, husband and wife ("Seller"), and the CITY OF KENT, a Washington municipal corporation ("Buyer"), and amends and becomes part of the parties' Real Estate purchase and Sale Agreement for the real property located at 10822 SE 2481h Street, Kent, Washington 98030, and known as j King County Tax Parcel No. 202205-9239 ('Agreement"). NOW THEREFORE, IT IS AGREED BETWEEN BUYER AND SELLER AS FOLLOWS; 1. Closinu Date - Change. Section 7 of the Agreement is amended to change the closing date from on or before January 41h, 2017, to on or before Monday, January 9, 2017. 2. All other terms and conditions of the Agreement shall remain unchanged. IN WITNESS WHEREOF, the parties hereto have executed this Amendment One, which shall be effective on last date set forth below. SELLER BUYER Glen D. and Merl N. Martin City of Kent 10822 SE 248th Street 220 Fourth Avenue South Kent, .WA 98030 Kent, WA 98032 Glen D. Martin Date Suz tte Cooke, Mayor D to Merl N. Martin Date P:\CWlgcies\opm Flni1MYM+qu,cim 6 Hen PSR}NxMn PSpMenJmenlIDm daa. l I 1 12/28/20I6 Public Health , Seattle & King County Environmental Health Division, 14350 SE Eastgate Way,Bellevue,WA 98007,Tel.(206)477-8050 '.. Tax ID: 2022059239 Serviced:12/26/2016 Customer/Property Owner Name: Site Address: 10822 Sit 248TII S'1' City: KENi Mail Address: City: Zip: OSM Company: Clean Septic Pumping LLC OSM Name: Gary Boersema OSM Tel#: (253)588-4282 COMMENTS Pump tank not in need of pumping at this time Tank Pumped: YES Tank Size(Gallons)(Number only,no text): 1200 Effluent level within operational limits(if NO explain in comments): YES Total Gallons pumped from tank(Number only, no text): 1200 Effluent returning back into tank after pumping: NO Tank depth below grade(inches): 12 Access Risers installed to grade(NIA if not present): NO Tank Construction Material: Concrete Tank Condition Good: YES Baffles in good condition(N)A if not present): YES Effluent screen cleaned(N/A if not present): YES Effluent surfacing around site components(N/A if not checked): NO Tank abandoned after pumping: NO Were repairs made to the Tank or Tank Components?(if YES explain in comments): NO Compartment 1 Scum accumulation(Inches,if other specify): 20 Compartment 1 Sludge accumulation(Inches,if other specify): 15 Compartment 2 Scum accumulation(Inches,if other specify): 0 Compartment 2 Sludge accumulation(Inches,if other specify): 9 Tank Pumped: NO Tank Size(Gallons)(Number only,no text): 1000 Effluent level within operational limits(if NO explain in comments): YES Total Gallons pumped from tank(Number only,no text): 0 Tank depth below grade(inches): 12 Access Risers Installed to grade(NIA if not present): NO Tank Construction Material: Concrete Tank Condition Good: YES Effluent screen cleaned(NIA if not present): NIA Effluent surfacing around site components(NIA if not checked): NO Pump operating as intended: YES Controls operating as intended: YES Alarm working as intended: YES Tank abandoned after pumping: NO Were repairs made to the Tank or Tank Components?(if YES explain in comments): NO Compartment 1 Scum accumulation(Inches,if other specify): 0 Compartment 1 Sludge accumulation(Inches,if other specify): 2 this report intlicales ceRaln cha2Gens4cs of me mrsile sevrage system ar me time of visR.In no weyis tiro repot a guarantee ofoperaGon wfutura pvrlormence. ReportlD:280014 View pump reports online at www.onlinerme.com Page 1 of 1 NO, 709904 CITY OF KENT Us,BANK T19-1 0 4, 220-4th Avenue South Hw 010' 24- S.�kl.m F25-01 '� Kent, WA, 98032-58,95 1-&00-673,3555 TKF't"JT 12/8/2,01,6 **$1,5000.00** PAY FIFTEEN THOUSAND AND 00/100* Account Pa le Void After 6 Months TO THE ORDER OF Rwtmtll�OffIC Rainier Title C? "A.�O er T2721 Bel Red,Rd #T Bellevuo,WA 98005 4FIn 11 .Cr ,in ?0 q qoLgilm 1: L 2 5DOO LD 51: L 5 3 500 ?It S 13 3111 CITY OF KENT 220 -4th Avenue South * Kent,WA 98032-5895 STUB 1 op, ACCOUNTS PAYABLE CHECK 709904 INVOICE DATE INVOICE NUMBER DESCRIPTION P.O.NUMBER INVOICE AMOUNT TOTAL 11/29=116 202205-9239EARNS Land-earnest money I 6,000,00r 15"000.00 I it TOTAL 15,000.00 l = American Land Title Association ALTA Settlement Statement-Seller "'I Adopted OS-D1-2015 ', File No./Escrow No.: 710915RT Rainier Title,LLC-Kent ', Officer/Escrow Officer:Julie Mills 20435 72nd Ave.S. y�,,��� r�T�y� Bldg.3 L Aer d Title '.. Ste.155 100%Locally Owned and Operated Kent,WA 98032 Property Address: 10822 S.E.248TH STREET P Y KENT,WA 98030(KING) (202205-9239-09) Seller: GLEN D.MARTIN AND MERI N.MARTIN 10822 S.E.248th Street Kent,WA 98030 Settlement Date: 1;912017 -0ebli Credit. Dc osits,Credits,Debits Snef'riceofPcopertj $370,000.00 Proration County Taxes 111/2017 to M/2017 0,$4,628A2Near $101.16 Seller Lease Back 6 months rent ( $13.540.80 Payoffs Payoff of FirslMo aeLoan to PNCMM a $152,981,89 Princi I:$15488333 Interesl,1912017to1/1612017 $14.Wda:$9856 Title Charges Title-Lenders TNe Insurance to Rainier Title,LLC Title-Onners Title Insurance to Rainier Title,LLC $100.00 TNe-Sehlement ordasi fee fo ftainler Title,LLC-Kant $903.08 Reconveance Tracking Sendce Fee to Rainier Tale,LLC-Kent $43.80 Title-C'mers Premium Tax Io Rainier Tine,LLC $95.00 Go"mment Recording and Transfer Charges County Deed Tax/Stam sto King County $1,850.00 Slate Deed TaxlSlamps to King County $4,,736.00 Excise Technoloey Fee to Kim County $500 $5.00 li RecoN OSS to Rainier TiUe.LLC $80.00 $8000 Subtotals $175,337.03 $370000.00 Due To Seller $194,662.97 Tafals $370,000.00 $370000.An, Acknowledgement Well have carefully reviewed the ALTA Settlement Statement and find it to be a true and accurate statement of all receipts and disbursements made on my account or by me In this transaction and further certify that I have received a copy of the ALTA Settlement Statement.Well authorize Rainier Title,LLC-Kent to cause the funds to be disbursed In accordance with this statement. SELLERSSI GLEN O.MARTIN snAn C l t -12 MERIN NRTIN SETTLEMENT COORDINATOR �,,,'� ,• Ju'ie655s File 4 710915RT Page 1 Of 1 Printed on 1/6/2017 at 1:34 PM I LEASE AGREEMENT THIS LEASE is entered into as of the Effective Date, as defined below, by and between the CITY OF KENT ("Owner"), and Glen D. and Meri N. Martin, husband and wife ('Tenant"). 1. PREMISES The Owner leases to Tenant one single-family house and the surrounding grounds located on King County Tax Parcel No. 202205-9239, located at 10822 SE 248'" Street, Kent, Washington, 98030, and legally described in Attachment "A" attached and incorporated hereby Into this Lease by reference(the"Premises"). 2. USE Tenant shall use the Premises for personal residence purposes only. No use shall be made of Premises, nor act done in or about Premises, that is illegal or unlawful under any local, state or federal law, that violates the city of Kent Zoning Code, or that will increase the existing rate of insurance for the Premises. Tenant shall not commit, or allow to be committed upon the Premises, any waste or any public or private nuisance. Tenant will comply, at Tenant's own cost and expense, with all reasonable orders, notices, regulations or requirements of any municipality, state or other governmental authority respecting the use of the Premises. 3. TERM The term of this Lease shall begin upon the first day of the month following Closing of the sale of the Premises between Owner, as buyer, and Tenant, as seller. The sale was closed on January 4, 2017. This Lease shall continue for 6 months from the date thereof, terminating at 11:59 p.m. on July 4, 2017; provided that Tenant may terminate this Lease sooner upon giving Owner 20 days written notice prior to the end of the month in which Tenant desires to terminate the Lease. 4. RENT Tenant Is responsible for monthly rent of$2,000 per month, plus leasehold tax at the rate of 12.849/b, for a total cost of $2,256.80 per month for each month during which this Lease remains in effect. The total rent and leasehold tax due for the entire term of this Lease was deducted from Tenant's sale proceeds at closing. If Tenant terminates this lease prior to Its expiration date, Owner will reimburse Tenant a pro-rata share of the rental cost due for the unexpired rental period. S. TAXES Tenant shall pay any tax Including, but not limited to, leasehold excise tax that this Lease, or the interest created thereby, may be subject to at any time during the term of the Lease or renewal thereof. LEASE AGREEMENT- 1 (between City of Kent and Glen D. and Men N. Martin) 6. RE-DELIVERY Ili Tenant, at the expiration of the term in Section 3, any extension of the term, or upon j any sooner termination of this Lease, will, without notice, quit and deliver up the Premises to the Owner peaceably, quietly, and in as good order and condition as the same now are or may hereafter be placed by owner, reasonable use and wear thereof excepted. 7. TENANT'S OBLIGATIONS A. Utilities: Tenant will pay, when due, all utilities (water, sewer, gas, garbage, electricity, etc.). It is the obligation of the Tenant to set up or continue utility services at the beginning of tenancy. Tenant Is to pay all utility companies directly. The Tenant is obligated for all utilities until the last day of tenancy. Tenant shall cause no liens of record to be placed upon the Premises because of delinquent utility charges. B. Operation of Apollances: Tenant shall properly use and operate all electrical, gas, heating, and plumbing fixtures as well as appliances supplied by the Owner on the Premises. C. Appliances: Tenant shall promptly repair any appliances if the malfunction was caused by Tenant. D. Broken Glass: Tenant shall promptly replace any glass that is broken as a result of any activity by the Tenant or any of Tenant's guests or invitees. E. Yard: Tenant shall, at Tenant's own expense, maintain the Premises by watering, weeding, and overall conditioning the lawn,shrubs,trees,and landscaping. F. Utility System: Tenant shall protect the plumbing system from freezing and maintain the heating system, which includes regular changing of the furnace filters if applicable. G. Regular Maintenance: Regular maintenance of faucets, pipes, gutters, _ furnace, roof, and chimney is the Tenant's obligation year round. Annual maintenance of the roof will include such work as pressure washing and replacement of loose or missing shingles. H. aint: Exterior surfaces shall be treated by the Owner on a life cycle schedule every 5-7 years. Maintenance of interior surfaces shall be the sole responsibility of the Tenant. I. Dangerous Conditions: Tenant shall immediately notify the Owner of any dangerous condition that might lead to the impairment of the value of the Premises. i J, Insurance: Tenant shall procure and maintain renter's Insurance in connection III with Tenant's use of the Premises, In a form and in an amount acceptable to both the City Attorney and the City's Risk Manager. j LEASE AGREEMENT- 2 i (between City of Kent and Glen D. and Men N. Martin) j 8. EXCEPTIONS FROM LEASE: The following items will not be repaired or replaced by the Owner and remain on the Premises only for the convenience of the Tenant: 9. OWNER OBLIGATIONS: Owner agrees to maintain the Premises according to the laws of the State of Washington and federal agencies. However, If a defective condition was caused directly or indirectly by the Tenant, Tenant's family, guests, licensees, or any other person acting under the control or direction of Tenant,the Owner shall have no obligation to repair said defect. The Tenant shall have no defense against the Owner to remedy the defective condition. This applies also where Tenant unreasonably fails to notify the Owner of the condition or allow Owner access to the Premises for the purpose of repair. 10. ALTERATIONS i Tenant shall not make any alterations, additions or improvements to the Premises without obtaining the consent of Owner in writing first, which consent shall not be unreasonably withheld. Owner does hereby consent to cosmetic alterations such as painting. All alterations, additions and Improvements that are made shall be at the sole cost and expense of Tenant. All Improvements shall become the property of the Owner except for improvements that Owner, at Owner's option, agrees are the property of Tenant, or Improvements that Owner requests Tenant remove at termination. If the Tenant performs work with the consent of the Owner,Tenant agrees to comply with all laws, ordinances, rules, regulations of the appropriate governing authority. The Tenant further agrees to save the Owner free and harmless from damage,loss or expense arising out of said work. 11. INDEMNIFICATION/HOLD HARMLESS Tenant shall defend, indemnify and hold the Owner, Its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Lease, except for injuries and damages caused by the sole negligence of the Owner. Should a court of competent jurisdiction determine that this Lease is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Tenant and the Owner, its officers, officials, employees, and volunteers, the Tenant's liability hereunder shall be only to the extent of the Tenant's negligence. The provisions of this Section shall survive the expiration or termination of this Lease. 12. LIENS Tenant shall keep the leased Premises free from any liens arising out of any work performed, materials furnished,or obligations incurred by Tenant. 13. ASSIGNMENT Tenant shall not assign this Lease or any part thereof. Tenant shall not let or sublet the single-family dwelling existing on the Premises. This Lease shall not be assignable by operation of law. i LEASE AGREEMENT- 3 (between City of Kent and Glen D.and Men N. Martin) 14. ACCESS Tenant will allow Owner or Owner's agents free access at all reasonable times to the Premises for the purposes of Inspection. This right shall not be construed as an agreement on the part of the Owner to make repairs,additions,or alterations. 15. DAMAGE OR DESTRUCTION REPAIR OR REPLACEMENT In the event the Premises is damaged to such extent as to render the Premises untenantable in whole or in a substantial part thereof, or Is destroyed,the Tenant shall give Owner or Owner's agent immediate written notice thereof, and, it shall be the sole option of Owner to repair or rebuild the same. Owner shall have not more than thirty days after date of such notification to notify the Tenant in writing of Owners intentions to repair or rebuild the Premises, or the part damaged. If Owner elects to repair or rebuild the Premises, Owner shall begin the work of repairing or rebuilding without unnecessary delay. If Owner elects not to repair or rebuild the Premises, this Lease shall be terminated and Owner shall not be obligated to provide Tenant another facility to lease. 16. NOTICES All notices to be given by the parties hereto shall be in writing and may either be served personally or may be deposited in the United States Mail, postage prepaid, by either registered mail or by regular mail with certificate of mailing obtained. Notices shall be mailed to the addresses below,or a later changed addressed provided in writing to the party: OWNER: City of Kent �� Attn: Parks&Community Services Director 220 Fourth Avenue South Kent, Washington 98032 (253)856-5700 TENANT: Glen D and Meri N. Martin 10822 SE 248th Street Kent, Washington 98030 (253) 347-2299 17. DEFAULT AND RE-ENTRY If Tenant shall violate, default or not comply with any of the material covenants, agreements or provisions of this Lease, then the Owner may cancel this Lease upon giving the notice required by law,and re-enter the Premises, using such force as may be required. The failure of the Owner to insist upon strict performance of any of the covenants and agreements of this Lease, or to exercise any option herein conferred in any one or more Instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenant or agreements, but the same shall be and remain in full force and effect. LEASE AGREEMENT-4 (between City of Kent and Glen D. and Meri N. Martin) i, i 18. COSTS AND ATTORNEYS FEES If by reason of any default on the part of Tenant it becomes necessary for the Owner to use an attorney,or If Tenant shall bring any action for any relief against Owner,declaratory or otherwise,arising out of this Lease,each parry shall be responsible for Its own attorney's fees. 19. REMOVAL OF PROPERTY In the event of any entry in, or taking possession of, the Premises, the Owner shall have the right, but not the obligation, to remove from the Premises all personal property located therein. Owner may store the same in any place selected by Owner,Including but not limited to a public warehouse,at the expense and risk of the owners of the personal property, with the right to sell such stored property in accordance with Chapter 59.10 RCW. 20. HEIRS AND SUCCESSORS Subject to the provision hereof pertaiNng to assignment and subletting,the covenants and agreements of this Lease shall be binding upon the heirs,legal representatives,successors and assigns of all of the parties hereto. 2L HOLDOVER If the Tenant shall,with the written consent of Owner,holdover after the expiration of the term of this Lease,such tenancy shall be for an indefinite period of time on a month to month tenancy,and such tenancy may be terminated as provided by the laws of the State of Washington. During such tenancy Tenant agrees to pay to the Owner 110%($ 2,200) per month of the rent paid prior to Tenant holding over,plus 100%leasehold tax on the rent,and agrees to be bound by all of the terms, covenants,and conditions of this Lease,so far as applicable. 22, SUBORDINATION Upon Owner entering into any financing or refinancing affecting the Premises,Tenant agrees to execute documents within three days of the request of Owner to subordinate this Lease to any mortgage,(or deed of trust or other security)granted to a financing institution or other secured party or entity. 23. EFFECTIVE DATE j The foregoing conditions are mutually agreed to by the Owner and the Tenant,and this Lease shall take effect on the last date signed below("Effective Date"), TENANT: OWNER: AN t Name: GI D Martnzette Cooke i-{o-17 a Print Name: Merl N.Martin Date: 2 C4 LEASE AGREEMENT-5 (between City of Kent and Glen D.and Alen N.Martin) STATE OF WASHINGTON ) ss. COUNTY OF KING ) ) On this day of 201-7, before me a Notary Public in and for the State of Washington, personally Glen D. Martin, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument and acknowledged It to be his free and voluntary act and deed for the uses and purposes mentioned in this Instrument. -Notary Seal Must Appear Within This 8ox- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. F E MILLSY PUBLIC �u1�e ��F WASNINGi ONSION EXPIRES NOTARY PUBLIC, in and Forth State R 23.2017 of Washington, residing at (�C My appointment expires STATE OF WASHINGTON ) ss. COUNTY OF KING On this_k) day of_Y1/u % 201_�7 before me a Notary Public in and for the State of Washington, personally a peared Merl N. Martin, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument and acknowledged it to be her free and voluntary act and deed for the uses and purposes mentioned in this Instrument. -Notary Seal Must Appcar Within This Sox- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. - 1 'tom LIE MILLS NOTARY PUBLIC °"A E OF WASHINGTON �l COMM OMih SS:ON EXPIRES NO IYRK-PUBLIC,`in and for the taste JANUARY 23, 2017 of Washington, residing at My appointment expires /- LEASE AGREEMENT- 6 (between City of Kent and Glen D,and Ned N, Martin) STATE OF WASHINGTON ) as, COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that Suzette Cooke is the person who appeared before me, and said person acknowledged that she signed this instrument,on oath stated that she Is authorized to execute the Instrument on behalf of the City of Kent as its Mayor,and such execution to be the free and voluntary act of such parry for the uses and purposes mentioned In the foregoing Instrument p11111( -Nocrrsealm"tnaaea•w;mmM1,eo.- Q �By( plUfi'`EREOF,I have hereunto se[my hand and official seal the j 9Mfg*TtL�i"a�t lwritten.�.yq {�� " OrrgR6 � O NOTARY PUBLIC,in and for t State /fhOtii'7r$-r `� of Washington,residing at � if(� My appointment expires._ e f-ff WASH nl�r 11 I LEASE AGREEMENT-7 (behveen Clry of Kent and Glen D.and Men N.Martin) Attachment A to Lease Agreement LEGAL DESCRIPTION That portion of the South half of the South half of the Northeast quarter of Section 20, Township 22 North,Range 5 East,Willamette Meridian,In King County,Washington being described as follows; Commencing at the Southeast corner of said Northeast quarter, Thence North 89'17' 11"West, along the South line of said Northeast quarter, a distance of 2242,18 feet; Thence North 01'01'21"East,a distance of 210,00 feel,to the True Point of Beginning; Thence continuing North 01"01'21"East,along an existing fence,a distance of 225.00 feet; Thence North 89'17' 11"West,a distance of 194.01 feet,to the East line of the West 160 feet of said South half of the South half; Thence South 01°%24"West,along said East line,a distance of 225.01 feet; Thence South 89° 17' 11"East,a distance of 195.19 feet to the True Point of Beginning. (Being Lot 2 and a portion of Lot 4,King County Short Plat#R477018,recorded under auditor's file 47804190934,and also Parcel"I",city of Kent Lot Line Adjustment#LL-90-15, as recorded under auditor's file#9005031225.) Except that portion of said premises described as follows,pursuant to King Count Superior Court Case#88-2-03250-5. That portion of the Southwest quarter of the Northeast quarter of Section 20;Township 22 North,Range 5 East of the Willamette Meridian,described as follows: Commencing at the Southeast corner of the Northeast quarter of said Section 20; Thence North 88'43'44"West, along the South line of the Northeast quarter of said Section 20 2,399.37 feet; l Thence North 01°03'32"East 210.00 feet along an existing fence line to the South line of Lot 2 of King County Recording Number 78041909$4 and the True Point of Beginning for this description; '.. Thence continuing along said fence line North 01°03'32"East,225.00 feet to the North line of said Lot 2; Thence North 88'43'44"West,along said line 32.69 feet to the East line of the West 160 feet of the Northeast quarter of said Section 20; Thence South 01'52'47 West,along said line 225.01 feet to the South line of said Lot 2; Thence South 880 43'44"East,along said line 35.91 feet to the True Point of Beginning and terminus of this description,situate in King County,Washington. Together with and ingress,egress and utilities easement 30.00 feet wide,the centerline being described as follows; Commencing at the Southeast corner of said Northeast quarter; Thence North 89'17'11"West,along the South line of said Northeast quarter,a distance of 2386.60 feel; LEASE AGREEMENT- 8 (between City of Kent and Glen D. and Mari N. Martin) i Thence North 000 34' 22"East a distance of 30.00 feet,to the North Margin of BE 248th Street and the True Point of Beginning of said centeriine; Thence continuing North 00'34'22"East,a distance of 415.00 feet; Thence South 89'25'38"East a distance of 20.00 feet, to the terminus of said centerline. Together With that portion lying within a circle with a radius of 35 feet,the radius point being located at the terminus of the afore described centerline. Situate in the County of King,State of Washington. II �I i LEASE AGREEMENT- 9 (between City of Kent and Glen D. and Meri N. Martin) p: Rainier Title, LLC-Kent Y 20435 72nd Ave. S., BKent,INA 9 032 �I��� ALT 63645 (253)216-02216-02 ( ) (425)329-2194(F) kentescrow@rainiertitle.com November 30, 2016 City of Kent, a Washington municipal corporation 220 4th Ave South Kent, WA 98032-6895 Re: Escrow Number: 710915RT Property Address: 10822 S.E. 248th Street, Kent, WA 98030 Thank you for choosing Rainier Title. In connection with your transaction, the following documents are enclosed for your review and signature. To ensure timely processing, we request the enclosed forms be completed and returned to our office without delay. Please return the signed documents via fax to 425-329-2183 or email them to eproCcDrainiertitle.com. 1. Closing Agreement and Escrow Instructions Please review,return page 1 with signaturels) WITHIN 24 HOURS and retain pages 2-5. 2. Buyer Disclosure and Information Please complete and return WITHIN 24 HOURS. SIGNING APPOINTMENT: We will be contacting you a few days prior to closing to set up an appointment to sign your closing documents. Typically the signing is at least 24 to 72 hours prior to actual closing date. Please bring with you your photo ID (drivers license or passport) for identification purposes. This appointment usually takes an hour, and we will give you directions to our office for your convenience when we call. You are welcome to park here at our building with our compliments. FUNDS TO CLOSE: You will be advised of the amount when we set your appointment. Funds will need to be deposited in the following way: Less than $250,000—we will accept a cashiers check drawn from a local bank or a wire transfer Over$250,000—we will require a wire transfer Please note that Cash and/or ACH Deposits cannot be accepted Closing a real estate transaction requires teamwork. We are honored to be a member of this team and look forward to working with you toward a smooth and timely closing. If you have any questions regarding your transaction, please don't hesitate to contact us. Sincerely, Your Rainier Title Closing Team Escrow Assistant: Escrow Assistant Escrow Closer: Dena Weikart Nikki Jaramillo Julie Mills Phone: (253) 216-0243 Phone: (253) 216-1026 Phone: (253)216-1024 Email: denaw@rainiertitle.com Email: Email:juliem@rainiertitle.com nikkij@rainiertitle.com I Office Maps: http://www.rainlerfitle.com/our-locations Privacy Policy: http//www rainiertitle com/about-us/privacv-policy Revised 04-01-16 PLEASE RETURN WITHIN 24 HRS Please complete and return via: (253)216-0240 (P)r(425)329-2194(F)!kentescrow@rainlertitle.com Email: a ro rahjiertitle.com or Fax 426-329-2183 Closing Agreement and Escrow Instructions Buyer: City of Kent, a Washington municipal corporation Seller: Glen D. Martin and Meri N. Martin Escrow Number: 710915RT Property Address: 10822 S.E. 248th Street, Kent, WA 98030 NOTICE TO PARTIES The services of the Closing Agent under these instructions will be performed by a person certified as a Limited Practice Officer under the Admission to Practice Rule 12, adopted by the Washington State Supreme Court. Under that rule, Limited Practice Officers may only select, prepare and complete certain documents on forms which have been approved for their use. You are further advised that: • The Limited Practice Officer is not acting as the advocate or representative of either (or any) of the parties. • The documents prepared by the Limited Practice Officer will effect the legal rights of the parties • The parties' interests in the document may differ. • The parties have the right to be represented by lawyers of their own selection. • The Limited Practice Officer cannot give legal advice as to the manner in which the documents affect the parties. BY SIGNING THESE INSTRUCTIONS, EACH PARTY ACKNOWLEDGES: I have been specifically informed that the Closing Agent is forbidden by law from offering any advice concerning the merits of the transaction or the documents that will be used to close the transaction. The Closing Agent has not offered any legal advice or referred me to any named attorney, but has clearly requested that I seek legal counsel if I have any doubt concerning the transaction or these instructions. I have had adequate time and opportunity to read and understand these instructions (paces 1-5) and all other existing documents referred to in these instructions. BUYERS: Date:' f t City of Kent, a'Washfngton municipal corporation Page 1 of 5 Revised 04-01-16 PLEASE RETAIN FOR YOUR RECORDS (253)216-0240 (P)/(425)329-2i94(F)/kentescrow@rainiertitle.com The undersigned buyer and seller(referred to herein as"the parties') hereby designate and appoint Rainier Title, LLC. (referred to herein as"the closing agent")to act as their closing and escrow agent according to the following agreements and instructions. IT IS AGREED,AND THE CLOSING AGENT IS INSTRUCTED,AS FOLLOWS: Terms of Sale. The terms and conditions of the transaction which is the subject of these instructions (referred to herein as "the transaction") are set forth in the parties' Purchase and Sale Agreement, Earnest Money Agreement, or other written agreement, and any attachments, amendments or addenda to that agreement (referred to herein as "the parties' agreement"), which is made a part of these instructions by this reference. If the Purchase and Sale Agreement provides that a commission is due at closing, the Company will require payment of the commission according to the broker's demand, which will be furnished at the closing agent's request. Any changes to the parties' agreement will be made a part of these instructions, without further reference, when signed by the parties and delivered to the closing agent. These instructions are not intended to amend, modify or supersede the terms and conditions of the parties' agreement and if there is any conflict or inconsistency between these instructions and the parties' agreement, the terms and conditions of the parties' agreement shall control. Description of Real Property. The real property which is the subject of the transaction (referred to herein as "the property") is identified in the parties' agreement. The documents required to close the transaction must contain the "legal description" of the property. If the parties' agreement does not yet contain the correct legal description, the parties or the real estate agent should obtain an addendum setting forth the legal description as soon as possible and deliver it to the closing agent. Closing Date. Unless otherwise described in the parties' agreement, the closing date shall be considered to be the date on which the legal documents are recorded and the funds are available for disbursement. Documents. The closing agent is instructed to select, prepare, complete, correct, receive, hold, record and deliver documents as necessary to close the transaction. The closing agent may request that certain documents be prepared or obtained by the parties or their attorneys, in which case the parties shall deliver the requested documents to the closing agent before the closing date. Execution of any document will be considered approval of its form and content by each party signing such document. Deposits and Disbursements of Funds. Before the closing date, each party shall deposit with the closing agent all funds required to be paid by such party to close the transaction, less any earnest money previously deposited with the real estate agent. The closing agent is authorized, but not required, to consider a lending institution's written commitment to deposit funds as the equivalent of a deposit of such funds, if all conditions of the commitment will be met on or before the closing date. All funds deposited with the closing agent shall be deposited in an escrow trust account with a bank doing business in the State of Washington. The parties hereby acknowledge that except as provided by Supreme Court Admission to Practice Rule 12.1 and 12.1 (h)adopted in 1995, the money deposited with closing agent by them in connection with this escrow will be further deposited into a non-interest bearing account with a financial institution ("the funds depository") whose deposits are covered by FDIC insurance. The parties further acknowledge that in calculating the amount of available insurance, the FDIC will consolidate moneys deposited under this escrow with all other funds of the undersigned which are on deposit with the funds depository. The parties do therefore release closing agent from any liability and assume all responsibility for any loss to themselves which may result from a lack of FDIC insurance in excess of $260.000.00. The parties acknowledge that the Closing Agent may receive incidental benefits from the financial institution based on the existence of its escrow trust account deposits. The closing agent shall not be required to disburse any funds deposited by check or draft until it has been advised by its bank that such check or draft has been honored. RCW 18,44,070 provides that an escrow agent shall not make disbursements until the next business day after the business day on which the funds are deposited unless the deposit is made in cash, by interbank electronic wire transfer, or in a form that permits conversion of the deposit to cash on the same day the deposit is made. All disbursements shall be made by the closing agent's check or, if the payee so instructs in writing, by electronic wire transfer. Settlement Statement. The closing agent is instructed to prepare a preliminary, estimated settlement statement showing all funds deposited for the account of each of the parties and the proposed disbursements from such funds. No funds shall be disbursed until the parties have examined and approved the settlement statement. Some items may be estimated, and the final amount of each estimated item will be adjusted to the exact amount required to be paid at the time of disbursement. The settlement statement will be subject to audit and any errors or omissions may be corrected at any time. If any monetary error is found, the amount will be immediately paid by the party liable for such payment to the party entitled to receive it. Page 2 of 5 Closing Agreement and Escrow Instructions Revised 04-01-16 PLEASE RETAIN FOR YOUR RECORDS 3 216-0240 P/ 425 329-2194 F/kentescrow rainiertitle.com (25 ) O ( ) O @ Pro-rations. Adjustments or pro-rations of real estate taxes, and other charges if any, which appear on the Title Report, shall be made on the basis of a 365 day year, unless the closing agent is otherwise instructed in writing. Title Insurance. The closing agent shall order or obtain copies and forward to the parties as applicable, a Preliminary Commitment for the Title Insurance on the property (referred to herein as "the title report"), together with copies of the exceptions noted thereon. The parties shall be responsible to review these items for accuracy, a verification of the legal description, and to determine their acceptability for purposes of closing. Verification of Existing Encumbrances. The closing agent is permitted to request a written statement from the holder of each existing encumbrance on the property, verifying its status, terms, balance owing and, if it will not be removed at closing, the requirements that must be met to obtain a waiver of any due-on-sale provision. The closing agent is authorized to rely upon such written statements in the performance of its duties, without liability or responsibility for their accuracy or completeness. The Closing Agent may further rely upon any verbal update to a written payoff statement provided by an existing lender and the borrower agrees to indemnify Closing Agent for payoff amounts which may be regarded as incomplete or inaccurate by the lender upon receipt. Disclosure of Information to Third Parties. The closing agent is authorized to furnish, upon request, copies of any closing documents, agreements or instructions concerning the transaction to the parties' designated attorneys, and to their real estate agent, the designated lender, loan broker and title insurance company involved in the transaction. Records Retention. Unless otherwise prescribed by law, the closing agent may destroy after six (6) years from the closing date hereof, these and records, agreements and instruments relating to the closing of this transaction, including all documentation and accounting information, excluding however, any and all loan documents. Closing Agent's Fees and Expenses. The closing agent's fee is intended as compensation for the usual closing services as set forth in these instructions. If additional services are requested or required to comply with any change or addition to the parties' agreement or these instructions, or as a result of any party's assignment of interest or delay in performance, the parties agree to pay a reasonable additional fee for such services. The parties shall also reimburse the closing agent for any out-of-pocket costs and expenses incurred by it under these instructions, including but not limited to excessive fax costs, electronic wire transfer costs and courier fees. Cancellation. These instructions may be canceled by a written agreement, signed by all of the parties, and payment of the closing agent's fees, costs and expenses. Upon receipt of such agreement and payment, the closing agent shall return any money or documents then held by it to the parties that deposited the same, and shall have no further duties or responsibilities under these instructions. Inability to Comply With Instructions. If the closing agent receives conflicting instructions or determines, for any reason, that it cannot comply with these instructions by the date for closing specified in the parties' agreement or in any written extension of that date, it shall notify the parties, request further instructions, and in its discretion: (1) continue to perform its duties and close the transaction as soon as possible after receiving further instructions, or (2) if no conflicting instructions have been received, return any money or documents then held by it to the parties that deposited the same, less any fees and expenses chargeable to such party, or (3) commence a court action, deposit the money and documents held by it into the registry of the court, and ask the court to determine the rights of the parties. When the money and documents have been returned to the parties or deposited into the registry of the court, the closing agent shall have no further duties or responsibilities under these instructions. Disputes. Should any dispute arise between the parties, or any of them, and/or any other party, concerning the property or funds involved in the transaction, the closing agent may, at its sole discretion, hold all documents and funds in their existing status pending resolution of the dispute, or join or commence a court action, deposit the money and documents held by it with the court, and ask the court to determine the rights of the parties. Upon depositing said funds and documents with the court, the closing agent shall have no further duties or responsibilities under these instructions. The parties jointly and severally agree to pay the closing agent's costs, expenses and reasonable attorney's fees incurred in any lawsuit arising out of or in connection with the transaction or these instructions, whether such lawsuit is instituted by the closing agent, the parties, or any other person. Page 3 of 5 Closing Agreement and Escrow Instructions Revised 04-01-16 PLEASE RETAIN FOR YOUR RECORDS (253)216-0240 (P)/(425)329-2194(F)/kentescrow@rainiertltle.com Notices. Any notice, declaration or request made under these instructions shall be in writing, signed by the party giving such notice or making such declaration or request, and personally delivered or mailed to the closing agent and other parties. Amendments. Any amendment, addition or supplement to these instructions must be in writing, signed by the appropriate parties and delivered to the closing agent. Counterparts. These instructions may be executed in one or more counterparts with like effect as if all signatures appeared on one copy. IMPORTANT - READ CAREFULLY The following items must be completed by the parties, outside of escrow, and are not part of the closing agents' duties under these instructions. Inspection and Approval of the Property. Any required inspections or approvals of the property or of improvements, additions or repairs to the property will be arranged and completed by the parties, outside of escrow. The closing agent shall have no liability with respect to the physical condition of the property, or any buildings, improvements, plumbing, heating, cooling, electrical, septic or other systems on the property, and no responsibility to inspect the property, or to otherwise determine its physical condition, or to determine whether any required improvements, additions or repairs have been satisfactorily completed. Undisclosed Sewer Charges. Buyer and seller acknowledge that the subject property may be located within one of those participating cities or sewer districts which have entered into a special contractual relationship with the Metro Council which may allow Metro to levy a fee or charge an additional service fee. Buyer and Seller agree that any adjustment shall be handled outside of closing and Escrow Closer shall be held harmless with respect to any such '.capacity charge". Real Estate Disclosure. A Residential Real Estate Sales Disclosure may be required to be furnished by the seller to the buyer before the closing of the sale of subject property in accordance with Title 64 RCW, enacted 1994 and as amended. Escrow Closer has not advised either party as to the scope of such disclosure or the parties' rights or duties thereunder, but has advised both parties to review these matters with their real estate agent or an attorney of their choice. Escrow Closer is hereby assured by the buyer that any disclosure required, including any disclosure relative to Farm and Timber, Asbestos or Lead Base Paint, has been received and the appropriate time has expired and Escrow Closer has no duty to independently confirm such receipt and time expiration by buyer. Personal Property. Any required inspections, approvals or transfers of possession of any owned or leased fixtures, equipment or other items of personal property included in the transaction, and payment of any personal property, sales or use taxes, will be completed by the parties outside of escrow. Unless otherwise instructed in writing, the closing agent shall have no responsibility with respect to such personal property and shall not be required to determine the status or condition of the title to, encumbrances upon, ownership, or physical condition of such personal property, nor to calculate, pro-rate, collect, prepare returns for or pay any personal property tax, sales tax or use tax arising from the transaction. Utilities. If the Purchase and Sale Agreement lists the names and addresses of public utilities which could claim a lien, the Closing Agent shall request statements for payment of final or estimated billings and is instructed to pay the amounts demanded by such designated public utilities. In the event such designated public utilities do not provide the payment information within the time allowances prescribed by law, Closing Agent shall have no further responsibility to the parties for the payment of said utilities, and shall not be required to pay them, and seller agrees to discharge said utilities outside of escrow. All other orders, cancellations, transfers, payments and adjustment of accounts for installation or service of water, sewer, garbage collection, electricity, gas, fuel oil, telephone, television cable and any other utilities for public services, including installation fees, will be completed by the parties outside of escrow. Unless specifically instructed in writing by one or more parties in accordance with State of Washington RCW 60.80, all orders, cancellations, transfers, payments and adjustments of accounts for water, sewer, garbage collection, electricity, gas, FUEL OIL, telephone, television cable and any other utilities or public services will be completed by the parties outside of escrow. Unless otherwise instructed, the closing agent shall have no responsibility to determine, collect, pay, pro-rate or adjust charges for installation or service for any utilities or public services, except to pro-rate existing recurrent assessments for public improvements if any, which may appear on the title report. Page 4 of 5 Closing Agreement and Escrow Instructions Revised 04-01-16 PLEASE RETAIN FOR YOUR RECORDS (253)216-0240 (P)1(425)329-2194(F)/kentescrow@rainiertitle.com Fire or Casualty Insurance. If a new policy of fire, hazard or casualty insurance on the property is necessary to close the transaction, the buyer will arrange for the policy to be issued, and will provide evidence of the required insurance coverage to the closing agent before the closing date, together with a paid premium receipt or an authorization to pay the premium through escrow. Possession of the Property. The transfer of possession of the property shall be arranged between the parties, or through their respective real estate agents, outside of escrow, and shall not be the responsibility of the closing agent. Collection Account. If any financing for the transaction will be provided by a private party, the parties are advised to open a collection account at a financial institution to receive and disburse payments to be made under the private promissory note or contract. The collection account shall be established by the parties outside of escrow and shall not be the responsibility of the closing agent. 1099-5 Reporting of Sellers Proceeds. In compliance with the Tax Reform Act of 1986. Internal Revenue Code Sections 6045(e), 6676, 6722, 6723, and 7203 and as further amended, seller shall provide all information necessary, including Seller's Taxpayer Identification Number (TIN), for the preparation of a Form 1099-S as required by the Internal Revenue Service in connection with the closing and completion of the transaction. Closing agent reserves the right not to close the escrow if adequate information to complete Form 1099-S is not provided by the seller. Foreign Investment in Real Property Tax Act. If any seller is, or may be, a non-resident alien or a foreign corporation, partnership, trust or estate for the purposes of United States income taxation, the parties are advised to consult with their attorneys before the closing date to determine their responsibilities and liabilities, if any, under the Foreign Investment in Real Property Tax Act (Section 1445 et seq. of the Internal Revenue Code). The closing agent is not required to verify the nationality or foreign status of any of the sellers, or to withhold, report or pay any amounts due under such act, unless directed by the parties in writing. However, the closing agent may request additional information or documentation concerning sellers' foreign status, and the parties agree to cooperate by providing such information and documentation. Approvals and Permits. The parties are advised to consult with their attorneys to determine whether any building, zoning, subdivision, septic system, or other construction or land use permits or approvals will be required, either before or after the closing date. The closing agent shall have no responsibility with respect to any such permit or approval, and shall have no liability arising from the failure of any party to obtain, or from the refusal of any governmental authority to grant, any such permit or approval. Compliance with Certain Laws. The parties are advised to consult with their attorneys to determine their rights and responsibilities, if any, under the Consumer Protection Act, Truth-in-Lending Act or other similar laws. The Closing Agent shall have no responsibility for the parties' compliance, nor any liability arising from the failure of any party to comply, with any such law. Additional Agreements, Instructions and Disclosures: Any additional instructions noted below or attached by addenda are hereby incorporated into these Instructions and made a part hereof. If the Closing Agent has received all instructions, funds and documents to complete recording prior to the Closing Date of the Purchase and Sale Agreement, and if the title policy will be issued with an Effective Date no later than the Closing Date, the Closing Agent is authorized to complete the closing of the transaction until and unless the authority is withdrawn by one of the parties or a lender financing the transaction. I I I i Page 5 of 5 Closing Agreement and Escrow Instructions Revised 04-01-16 PLEASE RETURN WITHIN 24 HRS Please complete and return via: I253l216-0240 (P)/(425)329-2194(F)/kentescrow@rainiertitle.com Email: epro(c"r2rainiertitle.com or Fax 425-329-2183 Buyer Disclosure & Information Escrow Number: 710915RT Property Address: 10822 S.E. 248th Street, Kent,WA 98030 Please indicate how you plan to hold title to the property: ❑ Unmarried person(s) ❑ Married Couple ❑ Married Couple, purchasing separate Please note, if you are married and purchasing as your separate estate, your spouse may be require to sign a number of closing documents. ❑ Buyers are Registered Washington State Domestic Partners ❑ Pending Divorce (if you checked this, please call our office ASAPI) Other I " Please provide your spouses name: Jr Do you plan to occupy the property as your primary residence after closing? ❑ Yes No If No, please indicate your mailing address: " c? Address City State Zip Continue... i Page 1 of 2 Bayer Disclosure and Information Revised 04-01-12 PLEASE RETURN WITHIN 24 HRS (253)216-0240 (P)/(425)329-2194(F)/kentescrow@rainiertitle.com '.. Please complete and return via: Email: a ro rainiertitle.com or Fax 425-329-2183 Buyer Disclosure & Information I Escrow Number: 710915RT Property Address: 10822 S.E. 248th Street, Kent,WA 98030 Mortgage Company/Broker you are using: Loan Officer's Name: Phone #: Loan Officer's Email: We will obtain a 1st loan: Yes ❑ No ❑ We will obtain a 2nd loan: Yes ❑ No ❑ qNo Lender involved — Paying Cash *additional cost for this service, ❑ 1031 Tax Exchange funds will be used for this Purchase please contact our office Name of Facilitator: Phone: 4Will be in town to sign all of my documents ❑ Will NOT be in town to sign — Please overnight documents to the following address: Address City State Zip Buyer 1 Name (print): f r � >>' r'� �; �; Email: c ' Home #: Work#: r __, , ; � Cell #: Buyer 2 Name (print): Email: Home#: Work#: Cell #: Current address: Street City State Zip Page 2 of 2 Buyer Disclosure and Information Revised 04-01-12 Brenda McCoy,Unit Manager and Senior Vice President Genevieve Tomberg,Senior Title Officer Kathy Hickey,Senior Title Officer yr Ronda Mills,Title Officer 'l 1501 4"Ave.,Sulte 300 .,..4 Seattle,WA 98101 Tall Free:(888)929-1999 I L Ph:( )551-5501 Fax:(206206)23D-77797779 Email:thefitleteam@rainiertitle.cow SECOND REPORT SCHEDULE A Order Number: 710915RT PW2016-016/Martin/YMCA Parks Dept./202205-9239 1. Effective Date: November 21, 2016 at 8:00 A.M. 2. Policy or Policies to be issued: ALTA Standard Coverage Owner's Policy (06/2006) Amount: $370,000.00 ST-Owners Standard Premium: $1,000.00 Sales Tax: $95.00 Proposed Insured: City of Kent, a Washington municipal corporation 3. The estate or interest in the land described or referred to in this commitment is: FEE SIMPLE 4. Title to the FEE SIMPLE estate or interest in the land is at the Effective Date vested in: Glen D. Martin and Mari N. Martin, husband and wife 5. The land referred to in this Commitment is described in Exhibit A. Rainier Title, Agent for Stewart Title Guaranty Company By: Brenda McCoy, Unit Manager Ill Page 1 it RAINIER TITLE, LLC EXHIBIT A LEGAL DESCRIPTION That portion of the South half of the South half of the Northeast quarter of Section 20, Township 22 North, Range 5 East, Willamette Meridian, in King County, Washington being described as follows; Commencing at the Southeast corner of said Northeast quarter, Thence North 890 17' 11" West, along the South line of said Northeast quarter, a distance of 2242.18 feet; Thence North 01° 01' 21" East, a distance of 210.00 feet, to the True Point of Beginning; Thence continuing North 01° 01' 21" East, along an existing fence, a distance of 225,00 feet; Thence North 890 17' 11" West, a distance of 194.01 feet, to the East line of the West 160 feet of said South half of the South half; Thence South 01° 19' 24" West, along said East line, a distance of 225.01 feet; Thence South 89' 17' 11" East, a distance of 195.19 feet to the True Point of Beginning. (Being Lot 2 and a portion of Lot 4, King County Short Plat#R477018, recorded under auditor's file#7804190934, and also Parcel "I", city of Kent Lot Line Adjustment#LL-90-15, as recorded under auditor's file #9005031225.) Except that portion of said premises described as follows, pursuant to King Count Superior Court Case#88-2-03250-5. That portion of the Southwest quarter of the Northeast quarter of Section 20; Township 22 North, Range 5 East of the Willamette Meridian, described as follows: Commencing at the Southeast corner of the Northeast quarter of said Section 20; Thence North 880 43' 44" West, along the South line of the Northeast quarter of said Section 20 2,399.37 feet; Thence North 010 03' 32" East 210.00 feet along an existing fence line to the South line of Lot 2 of King County Recording Number 7804190934 and the True Point of Beginning for this description; Thence continuing along said fence line North 01' 03' 32" East, 225.00 feet to the North line of said Lot 2; Thence North 880 43' 44"West, along said line 32.69 feet to the East line of the West 160 feet of the Northeast quarter of said Section 20; Thence South 010 52' 47 West, along said line 225.01 feet to the South line of said Lot 2; Thence South 88'43' 44" East, along said line 35.91 feet to the True Point of Beginning and terminus of this description, situate in King County, Washington. Together with and ingress, egress and utilities easement 30.00 feet wide, the centerline being described as follows; Commencing at the Southeast corner of said Northeast quarter; Thence North 890 17' 11" West, along the South line of said Northeast quarter, a distance of 2385,50 feet; Page 2 Thence North 00° 34' 22" East a distance of 30.00 feet, to the North Margin of SE 248th Street and the True Point of Beginning of said centerline; Thence continuing North 000 34' 22" East, a distance of 415.00 feet; Thence South 89' 25' 38" East a distance of 20.00 feet, to the terminus of said centerline. Together With that portion lying within a circle with a radius of 35 feet, the radius point being located at the terminus of the afore described centerline. Situate in the County of King, State of Washington. End of Schedule A i it I I I Page 3 SCHEDULE B PART I. The following are the requirements to be complied with: i A. Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. B. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. NOTE: Effective January 1, 1997, and pursuant to amendment of Washington state statutes relating to standardization of recorded documents, the following format and content requirements must be met. Failure to comply may result in rejection of the document by the recorder. FORMAT: • Margins to be 3" on top of first page, 1" on sides and bottom, 1" on top, sides and bottom of each succeeding page. • Font size of 8 points or larger and paper size of no more than 8 '/" by 14". No attachments on pages such as stapled or taped notary seals, pressure seals must be smudged. INFORMATION WHICH MUST APPEAR ON THE FIRST PAGE: I • Title or titles of document. If assignment or reconveyance, reference to auditor's file number or subject deed of trust. • Names of grantor(s) and grantee(s) with reference to additional names on following page(s), if any. • Abbreviated legal description (lot, block, plat name or section, township, range and quarter section for unplatted). • Assessor's tax parcel number(s). • Return address which may appear in the upper left hand 3" top margin. Il. Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of the satisfaction of the Company: A. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records, or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. B. Any policy issued pursuant hereto will contain the Exclusions From Coverage and, under Schedule B, the standard exceptions as set forth and identified as to the type of policy on the attached Schedules of Exclusions and Exceptions. End of Schedule B Part I Page 4 Order Number: 710915RT SCHEDULE B PART II General Exceptions: Schedule B Exceptions appearing in ALTA Owner's Policy (6/17/06)—Standard Coverage and ALTA Loan Policy (6/17106)—Standard Coverage: 1. Taxes or assessments which are not shown as existing liens by the public records. 2. (1) Unpatented mining claims; (ii) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (iii) water rights, claims or title to water; whether or not the matters described in (i), (ii), & (iii) are shown in the public records; (iv) Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. 3. Rights or claims of parties in possession not shown by the public records. 4. Easements, claims of easements or encumbrances which are not shown by the public records. 5. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey and inspection of the premises and which are not shown by the public records. 6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 7. Any service, installation, connection, maintenance, tap, capacity, construction or reimbursement charges for sewer, water, electricity or other utilities, or for garbage collection and disposal. 8. Any titles or rights asserted by anyone, including but not limited to persons, corporations, governments, or other entities, to tidelands, or lands comprising the shores or bottoms of navigable rivers, lakes, bays, ocean or gulf, or lands beyond the line of the harbor or bulkhead lines as established or changed by the United States Government, or riparian rights, if any. 9 Minerals of whatsoever kind, subsurface and surface substances, including but not limited to coal, lignite, oil, gas, uranium, clay, rock, sand and gravel in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not appearing in the Public Records or listed in Schedule B. The Company makes no representation as to the present ownership of any such interests. There may be leases, grants, exceptions or reservations of interests that are not listed. Schedule B Exceptions appearing in ALTA Owner's Policy (6/17106)—Extended Coverage: 1. Taxes or assessments which are not shown as existing liens by the public records. 2. (1) Unpatented mining claims; (ii) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (iii) water rights, claims or title to water; whether or not the matters described in (i), (ii), & (iii) are shown in the public records; (iv) Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. 3. Any service, installation, connection, maintenance, tap, capacity, construction or reimbursement charges for sewer,water, electricity or other utilities, or for garbage collection and disposal. 4. Any titles or rights asserted by anyone, including but not limited to persons, corporations, governments, or other entities, to tidelands, or lands comprising the shores or bottoms of navigable rivers, lakes, bays, ocean or gulf, or lands beyond the line of the harbor or bulkhead lines as established or changed by the Unites States Government, or riparian rights, if any. 5 Minerals of whatsoever kind, subsurface and surface substances, including but not limited to coal, lignite, oil, gas, uranium, clay, rock, sand and gravel in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not appearing in the Public Records or listed in Schedule B. The Company makes no representation as to the present ownership of any such interests. There may be leases, grants, exceptions or reservations of interests that are not listed. Schedule B Exceptions appearing in ALTA Loan Policy (6117/06) and ALTA Homeowner's Policy Of Title Insurance (02/03110) 1 Minerals of whatsoever kind, subsurface and surface substances, including but not limited to coal, lignite, oil, gas, uranium, clay, rock, sand and gravel in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not appearing in the Public Records or listed in Schedule B. The Company makes no representation as to the present ownership of any such interests. There may be leases, grants, exceptions or reservations of interests that are not listed. Page 5 SCHEDULE B PART II (continued) Special Exceptions: 1. Payment of real estate excise tax, if required, pursuant to the authority of RCW Chapter 82.45, and subsequent amendments thereto. The property described herein is situated within the boundaries of local taxing authority of the City of Kent. As of the effective date herein, the real estate excise tax rate is 1.78W 2. General taxes and charges for the year 2016, which have been paid. Amount: $4,628.02 Tax Account No.: 202205-9239-09 Levy code: 1525 Assessed value of land: $196,000.00 Assessed value of improvements: $136,000.00 Based on the Treasurer's records, the name and address of the last taxpayer is: Glen D. Martin and Meri N. Martin 10822 S.E. 248th Kent, WA 98031 3. To help you avoid delays at closing, we would like to make you aware of our final recording run times: Regular recordings: King County: 2:30 pm KING COUNTY recordings are processed out of our Seattle office at 1501 4th Avenue, Suite 300. SNOHOMISH COUNTY recordings are processed out of our Everett office at 2722 Colby Avenue, Suite 125. PIERCE COUNTY recordings are processed out of our University Place office at 3560 Bridgeport Way W., Suite 2E E-recordings: King County: Non-excise only, 3:30 pm Pierce County: Non-excise only, 3:45 pm Snohomish County: 3:30 pm Monday through Thursday, 3:00 pm Friday NOTE: There is an additional $4.00 charge per document when E-Recording. When E- Recording documents requiring excise clearance (available in Snohomish County only), checks must be made payable to"Rainier Title". E-Recordings are processed out of our Everett office at 2722 Colby Avenue, Suite 125. 4. The legal description in this commitment is based upon information provided with the application for title insurance and the public records as defined in the policy to issue. The parties to the forthcoming transaction must notify the title insurance company, prior to closing, if the description does not conform to their expectations. 5. The policy requested in the application for insurance is ALTA Homeowner's Policy of Title Insurance for a One-to-Four Family Residence. Said policy is not available for this property because the buyer is not a natural person. The ALTA Owner's Policy as identified in Schedule A hereof will be issued. Page 6 6. Deed of Trust and the terms and conditions thereof: Grantor: Glen D. Martin and Meri N. Martin, husband and wife Trustee: Rainier Title Escrow Beneficiary: Mortgage Electronic Registration System, Inc., acting solely as nominee for Mortgage Brokers Services Inc., dba Kiel Lending Original amount: $169,000,00 Dated: October 18, 2012 Recorded: October 31, 2012 Recording No.: 20121031002542 7. We find no pertinent matters of record against the name(s) of the vested owners. 8. We find no conveyances within the last 36 months. NOTE: The Recording No. of the Deed under which title is held is: 9105241706. 9. The land described in this commitment appears to be residential in nature and may be subject to the provisions of RCW 6.13.060 (Homestead Statute), if the land is occupied as a primary residence. If the land is occupied as a primary residence, all instruments conveying or encumbering the land must be executed by each spouse, individually, or by an attorney-in-fact. In the event the Company receives instruments that are not joined by the non-owning spouse with possible homestead rights, the Company may be unable to record or to insure the transaction. 10. Easement and the terms and conditions thereof: Grantee: Puget Sound Power& Light Company Purpose: Electric transmission and/or distribution line(s) Area affected: a portion of said premises Recorded: April 10, 1978 Recording No.: 7804100715 11. All covenants, conditions, restrictions, reservations, easements or other servitudes, if any, but omitting restrictions, if any, based upon race, color, creed or national origin, disclosed by the short plat recorded under Recording No. 7804190934. 12. Agreement and the terms and conditions thereof: Recorded: June 2, 1987 Recording No.: 8706021214 Regarding: Boundary Lines Said instrument is a re-record of instrument recorded May 11, 1987, under Recording No. 8705110435. 13. All covenants, conditions, restrictions, reservations, easements or other servitudes, if any, but omitting restrictions, if any, based upon race, color, creed or national origin, disclosed by the boundary line adjustment recorded under Recording No. 9005031225. End of Schedule B Part II I Page 7 Additional Notes: A. Abbreviated Legal Description: Ptn NE 1/4 of 20-22-5 B. Property Address: 10822 S.E. 248th Street, Kent, WA 98030 C. Investigation should be made to determine if there are any service, installation, maintenance or construction charges for sewer, water, telephone, gas, electricity or garbage and refuse collection. D. To help conserve natural resources, we will automatically issue the forthcoming original policy(ies) electronically. Please provide us with a current e-mail address for the new owner and/or lender prior to closing or by emailing thetitleteamarainiertitle.com. A hard copy version may be issued upon request. E. Unless otherwise requested, the forms of policy to be issued in connection with this commitment will be ALTA 2006 policies, or in the case of standard lender's coverage, the CLTA Standard Coverage Policy —2006. The Owner's policy will automatically include the Additional Coverage Endorsement, when applicable, at no additional charge. The Policy committed for or requested may be examined by inquiry at the office which issued the commitment. A specimen copy of the policy form(s) referred to in this commitment will be furnished promptly upon request. F. In the event that the commitment jacket is not attached hereto, all of the terms, conditions and provisions contained in said jacket are incorporated herein. The commitment jacket is available for inspection at any company office. G. The policy(s) of insurance may contain a clause permitting arbitration of claims at the request of either the insured or the company. Upon request, the company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction. I Page 8 STG Privacy Notice 2 (Rev 01/26/09) Independent Agencies and Unaffiliated Escrow Agents WHAT DO/DOES THE RAINIER TITLE LLC AND STEWART TITLE GUARANTY COMPANY DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of Rainier Title LLC and Stewart title Guaranty Company and its affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm-Leach-Bliley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us.This information can include social security numbers and driver's license number. All financial companies, such as Rainier Title LLC and Stewart Title Guaranty Company, need to share customers' personal information to run their everyday business—to process transactions and maintain customer accounts. In the section below,we list the li reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. i 90 r. ';g�: '$ t A At 2F , f For our everyday business purposes—to process your transactions and maintain your account. This may include running the business and managing Yes No customer accounts,such as processing transactions, mailing,and auditing services, and responding to court orders and legal investigations. For our marketing purposes—to offer our products and services to you. Yes No For joint marketing with other financial companies No We don't share For our affiliates'everyday business purposes—information about your transactions and experiences.Affiliates are companies related by common Yes No ownership or control.They can be financial and nonfinancial companies. For our affiliates'everyday business purposes—information about your No We don't share creditworthiness. For our affiliates to market to you Yes No For nonaffiliates to market to you. Nonaffiliates are companies not related by No We don't share common ownership or control.They can be financial and nonfinancial companies We may disclose your personal information to our affiliates or to nonaffiliates as permitted by law. If you request a transaction with a nonaffiliate, such as a third party insurance company,we will disclose your personal information to that nonaffiliate. We do not control their subsequent use of information,and suggest you refer to their privacy notices. How often doldoes Rainier Title LLC and We must notify you about our sharing practices when you request a transaction. Stewart Title Guaranty Company notify me about their practices? i How do/does Rainier Title LLC and Stewart To protect your personal information from unauthorized access and use, we use Title Guaranty Company protect my security measures that comply with federal and state law. These measures include personal information? computer,file, and building safeguards. How do/does Rainier Title LLC and Stewart We collect your personal information, for example,when you Title Guaranty Company collect my . request insurance-related services personal information? • provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other com anies. ------tWhat sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances,we do not share your personal information in those instances. If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Com an , 1960 Post Oak Blvd., Privac Officer, Houston,Texas 77056 ii Page 9 I I, R INIERTITLE Order No. 710915RT N L KOSP H 477016 19019J034 r w n 1n_ 13 ipl i r.: It -J i I This sketch is provided without charge, for your information. It is not intended to show all matters related to the property including, but not limited to: area, dimensions, easements, encroachments or location of boundaries. It is not a part of, nor does it modify, the commitment/policy to which it is attached. The Company assumes NO LIABILITY for any matter related to this sketch. Reference should be made to an accurate survey for further information. Page 10 COMMITMENT FOR TITLE INSURANCE Issued By L!R!A1N1E1RT1TLE Stewart Title Guaranty Company 0�01 S'�ewc-rt Vetted and verified. i Form 1004-251D (Rev. 06/2006) ORIGINAL Page 11 Stewart Title Guaranty Company, herein called the Company, for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements: all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. Stewart Title Guaranty Company NOTE: THE POLICY COMMITTED FOR MAY BE EXAMINED BY INQUIRY AT THE OFFICE OF RAINIER TITLE AND A SPECIMEN COPY OF THE POLICY FORM (OR FORMS) REFERRED TO IN THIS COMMITMENT WILL BE FURNISHED PROMPTLY UPON REQUEST. RAINIER TITLE IS AN ISSUING AGENT FOR Stewart Title Guaranty Company COMMITMENT CONDITIONS AND STIPULATIONS 1. The term mortgage,when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other manner, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred In reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B: or(c)to acquire or create the estate or interest or mortgage thereon covered by this Commitment In no event . shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All Arbitrable matters when the Amount of Insurance is $2,OOO,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at httL://www.alta.org. Page 12 SCHEDULE OF EXCLUSIONS FROM COVERAGE The matters listed below each policy form are expressly excluded from the coverage of that policy and the Company will not pay loss or damage,costs,attorneys' fees or expenses which arise by reason thereof. (a) created, suffered, assumed, or agreed to by the Insured AMERICAN LAND TITLE ASSOCIATION LOAN POLICY(6117106) Claimant; 1. (a) Any law, ordinance, permit, or governmental regulation (b) not Known to the Company, not recorded in the Public (including those relating to building and zoning) restricting, Records at Date of Policy, but Known to the Insured regulating,prohibition,or relating to Claimant and not disclosed in writing to the Company by (i) the occupancy,use,or enjoyment of the Land; the Insured Claimant prior to the date the Insured (ii) the character, dimensions, or location of any Claimant became an Insured under this policy; improvement erected on the Land; (c) resulting in no loss or damage to the Insured Claimant; (III) the subdivision of land;or (d) attaching or created subsequent to Date of Policy (iv) environmental protection; (however, this does not modify or limit the coverage or the effect of any violation of these laws, provided under Covered Risk 9 and 10;or ordinances,or governmental regulations. This (a) resulting in loss or damage that would not have been Exclusion 1(a)does not modify or limit the coverage sustained if the Insured Claimant had paid value for the provided under Covered Risk 5. Title. (b) Any governmental police power. This Exclusion l(b)does 4. Any claim, by reason of the operation of federal bankruptcy, not modify or limit the coverage provided under Covered Risk state insolvency, or similar creditors' rights laws, that the 6, transaction vesting the Title as shown in Schedule A,Is 2. Rights of eminent domain. This Exclusion does not modify or (b) a fraudulent conveyance or fraudulent transfer;or limit the coverage provided under Covered Risk 7 or 8. (c) a preferential transfer for any reason not stated in 3. Defects,liens,encumbrances,adverse claims,or other matters Covered Risk 9 of this policy. (a) created, suffered, assumed, or agreed to by the Insured 5. Any lien on the Title for real estate taxes or assessments Claimant; Imposed by governmental authority and created or attaching (b) not Known to the Company, not recorded in the Public between Date of Policy and the date of recording of the deed or Records at Date of Policy, but Known to the Insured other instrument of transfer In the Public Records that vests Claimant and not disclosed in writing to the Company by Title as shown in Schedule A. the Insured Claimant prior to the date the Insured AMERICAN LAND TITLE ASSOCIATION HOMEOWNER'S Claimant became an Insured under this policy; POLICY OF TITLE INSURANCE FOR A ONE-TO-FOUR FAMILY (c) resulting in no loss or damage to the Insured Claimant; RESIDENCE(12102113) attaching or created subsequent to Date of Policy In addition to the Exceptions in Schedule B,You are not insured (however, this does not modify or limit the coverage against loss,casts,attorneys'fees,and expenses resulting from: provided under Covered Risk 11, 13, or 14); 1.Governmental police power,and the existence or violation of or those portions of any law or government regulation concerning: (d) resulting In loss or damage that would not have been a.building; sustained if the Insured Claimant had paid value for the b.zoning; Insured Mortgage. c.land use; 4. Unenforceabllity of the lien of the Insured Mortgage because of d.improvements on the Land; the inability or failure of an Insured to comply with applicable e.land division;and doing-business laws of the stale where the Land is situated. f.environmental protection. 5. Invalidity or unenforceability in whole or in part of the lien of the This Exclusion does not limit the coverage described In Covered Insured Mortgage that arises out of the transaction evidenced Risk 8.a.,14,15, 16, 18,19,20,23 or 27. by the Insured Mortgage and Is based upon usury or any 2.The failure of Your existing structures,or any part of them,to be consumer credit protection or truth-in-lending law. constructed in accordance with applicable building codes.This 6. Any claim, by reason of the operation of federal bankruptcy, Exclusion does not limit the coverage described in Covered Risk state insolvency, or similar creditors' rights laws, that the 14 or 15. transaction creating the lien of the Insured Mortgage,is 3.The right to take the Land by condemning it.This Exclusion does (a) a fraudulent conveyance or fraudulent transfer,or not limit the coverage described in Covered Risk 17. (b) a preferential transfer for any reason not stated in Covered 4.Risks: Risk 13(b)of this policy. a.that are created,allowed,or agreed to by You, 7. Any lien on the Title for real estate taxes or assessments whether or not they are recorded in the Public imposed by governmental authority and created or attaching Records; between Date of Policy and the date of recording of the Insured b.that are Known to You at the Policy Date,but not to Mortgage in the Public Records. This Exclusion does not Us,unless they are recorded in the Public Records at modify or limit the coverage provided under Covered Risk the Policy Date; I I(b). c.that result In no loss to You;or AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY d.that first occur after the Policy Date-this does not limit (6117106) the coverage described in Covered Risk 7,8.e.,25, 1. (a) Any law, ordinance, permit, or governmental regulation 26,27 or 28. (including those relating to building and zoning) restricting, 5.Failure to pay value for Your Title. regulating,prohibiting,or relating to 6.Lack of a right: (i) the occupancy,use or enjoyment of the Land; a.to any land outside the area specifically described and Ili) the character, dimensions, or location of any referred to In paragraph 3 of Schedule A;and improvement erected on the Land; b.in streets,alleys,or waterways that touch the Land. (Ili) the subdivision of land;or This Exclusion does not limit the coverage described in Covered (iv) environmental protection; Risk 11 or 21 or the effect of any violation of these laws,ordinances,or 7.The transfer of the Title to You is invalid as a preferential transfer governmental regulations. This Exclusion 1(a)does not or as a fraudulent transfer or conveyance under federal modify or limit the coverage provided under Covered Risk bankruptcy,state insolvency,or similar creditors'rights laws. 5, SCHEDULE B GENERAL EXCEPTIONS (b) Any governmental police power. This Exclusion 1(b)does The matters listed below each policy form are expressly excepted not modify or limit the coverage provided under Covered Risk from the coverage of that policy and that policy does not insure 6, against loss or damage (and the Company will not pay costs, 2. Rights of eminent domain. This Exclusion does not modify or attorneys'fees or expenses)which arise by reason thereof. limit the coverage provided under Covered Risk 7 or 8. 3. Defects,liens,encumbrances,adverse claims,or other matters Page 13 I l SCHEDULE B EXCEPTIONS APPEARING IN ALTA OWNER'S POLICY—STANDARD COVERAGE AND ALTA LOAN POLICY— STANDARD COVERAGE 1. Taxes or assessments which are not shown as existing liens by the public records. 2. (1)Unpatented mining claims; (it) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (iii) water rights, claims or title to water; whether or not the matters described in (i), (ii), &(III) are shown In the public records; (iv) Indian tribal codes or regulations, Indian treaty or aboriginal rights,including easements or equitable servitudes. 3. Rights or claims of parties in possession not shown by the public records. 4. Easements, claims of easements or encumbrances which are not shown by the public records. 5. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey and inspection of the premises and which are not shown by the public records. 6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 7. Any service, installation, connection, maintenance, tap, capacity, construction or reimbursement charges for sewer, water, electricity or other utilities,or for garbage collection and disposal. 6. Any titles or rights asserted by anyone, including but not limited to persons, corporations, governments, or other entities, to tidelands, or lands comprising the shores or bottoms of navigable rivers, lakes, bays, ocean or gulf, or lands beyond - the line of the harbor or bulkhead lines as established or changed by the Unites States Government, or riparian rights, if any. SCHEDULE B EXCEPTIONS APPEARING IN ALTA OWNER'S POLICY—EXTENDED COVERAGE 1. Taxes or assessments which are not shown as existing liens by the public records. 2. (1) Unpatented mining claims; (ii) reservations or exceptions In patents or in Acts authorizing the issuance thereof; (iii) water rights, claims or title to water; whether or not the matters described In (1), (11), &(!it) are shown in the public records; (iv) Indian tribal codes or regulations, Indian treaty or aboriginal rights,Including easements or equitable servitudes. 3. Any service, Installation, connection, maintenance, tap, capacity, construction or reimbursement charges for sewer, water,electricity or other utilities, or for garbage collection and '.. disposal. 4. Any titles or rights asserted by anyone, including but not limited to persons, corporations, governments, or other entities, to tidelands, or lands comprising the shores or bottoms of navigable rivers, lakes, bays, ocean or gulf, or lands beyond the line of the harbor or bulkhead lines as established or changed by the Unites States Government, or riparian rights, if any. SCHEDULE B EXCEPTIONS APPEARING IN ALTA LOAN POLICY(6117106)and ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE(12102/13) 1. Minerals of whatsoever kind, subsurface and surface substances, including but not limited to coal, lignite, oil, gas, uranium,clay,rock, sand and gravel in,on,under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto,whether or not appearing in the Public Records or listed in Schedule B. The Company makes no representation as to the present ownership of any such interests. There may be leases, grants, exceptions or i reservations of interests that are not listed Page 14 File No. 710915RT Exhibit A—Legal Description That portion of the South half of the South half of the Northeast quarter of Section 20, Township 22 North, Range 5 East, Willamette Meridian, in King County, Washington being described as follows; Commencing at the Southeast corner of said Northeast quarter, Thence North 89' 17' 11" West, along the South line of said Northeast quarter, a distance of 2242.18 feet; Thence North 010 01' 21" East, a distance of 210.00 feet, to the True Point of Beginning; Thence continuing North 01' 01' 21" East, along an existing fence, a distance of 225.00 feet; Thence North 89' 17' 11"West, a distance of 194.01 feet, to the East line of the West 160 feet of said South half of the South half; Thence South 01' 19' 24" West, along said East line, a distance of 225.01 feet; Thence South 890 17' 11" East, a distance of 195.19 feet to the True Point of Beginning. (Being Lot 2 and a portion of Lot 4, King County Short Plat#R477018, recorded under auditor's file#7804190934, and also Parcel "I", city of Kent Lot Line Adjustment#LL-90-15, as recorded under auditor's file#9005031225.) Except that portion of said premises described as follows, pursuant to King Count Superior Court Case#88-2-03250-5. That portion of the Southwest quarter of the Northeast quarter of Section 20; Township 22 North, Range 5 East of the Willamette Meridian, described as follows: Commencing at the Southeast corner of the Northeast quarter of said Section 20; Thence North 88° 43' 44"West, along the South line of the Northeast quarter of said Section 20 2,399.37 feet; Thence North 01° 03' 32" East 210.00 feet along an existing fence line to the South line of Lot 2 of King County Recording Number 7804190934 and the True Point of Beginning for this description; Thence continuing along said fence line North 01° 03' 32" East, 225.00 feet to the North line of said Lot 2; Thence North 880 43' 44" West, along said line 32.69 feet to the East line of the West 160 feet of the Northeast quarter of said Section 20; Thence South 01' 52' 47 West, along said line 225.01 feet to the South line of said Lot 2; Thence South 880 43' 44" East, along said line 35.91 feet to the True Point of Beginning and terminus of this description, situate in King County, Washington. Subject to and/or together with and ingress/egress and utilities easement 30.00 feet wide, the j centerline being described as follows; Commencing at the Southeast corner of said Northeast quarter; Thence North 89' 17' 11"West, along the South line of said Northeast quarter, a distance of 2385.50 feet; Thence North 000 34' 22" East a distance of 30.00 feet, to the North Margin of SE 248th Street and the True Point of Beginning of said centerline; Thence continuing North 000 34' 22" East, a distance of 415.00 feet; Thence South 890 25' 38" East a distance of 20,00 feet, to the terminus of said centerline. it i Together With that portion lying within a circle with a radius of 35 feet, the radius point being located at the terminus of the afore described centerline. Situate in the County of King. State of Washington. i I American Land Title Association ALTA Settlement Statement-Borrower �l Adopted 05-01-2015 File No./Escrow No.: 710916RT Rainier Title,LLC-Kent Officer/Escrow Officer:Julie Mills 2043572nd Ave.S. Bldg.3 �r tie Ste.155 100%Locally Owned and Operated Kent,WA 98032 i Property Address: 10822 S.E.248TH STREET KENT,WA 98030(KING) _ (202205-9239-09) Borrower: CITY OF KENT,A WASHINGTON MUNICIPAL CORPORATION 220 41h Ave South Kent,WA 98032-5895 Settlement Date: 1/9/2017 7Description Borrower Debit Credit Defoetts,Credits,Debris Sale Prke of Propedy $370,000.00 Deposit $15,000.05 Prorafions :` ' County Taxes 1/112017 to 11912017©$4 628 027Year $101 16 Seller Lease Back 6 months rent $13 540 80 Title Char es Tire-Lendals Tire Insurance to RalnierToo,LLC TIM-Settlement or cloora fee to Rainier Title,LLC-Kent $903.38 Work Fee(addilJonall to Rainier Title,LLC $328.50 Government Recording and Transfer Charges Recordingfees Deed$9500 $9500 •+ 1 t .. diDebit Subtotals $371326.08 M,641.96 Oua Fram Borrower $342,684.92 � Totals $371.326.88 $371,326.99 Acknowledgement Well have carefully reviewed the ALTA Settlement Statement and find it to be a true and accurate statement of all receipts and disbursements made on my account or by me in this transaction and further certify that I have received a copy of the ALTA Settlement Statement.Well authorize Rainier Title,LLC-Kent to cause the funds to be disbursed in accordance with this statement. BORROWER(S) City of Kent B7 Buzefte Cooke,its kleyof Date SETTLEMENT COORDINATOR Julie Mills File#710915RT Page 1 of 1 Printed on 1/6/2017 at 1:37 PM i I Rainier Title, LLC- Kent 20435 72nd Ave. S., Bldg. 3, Ste. 155 _ Kent,WA 98032 ® C ALTA I D#1083645 A'1 V I G TITLE ((42)329-2 9 (F) (425)329-2t94(F) kentescrow@rainiertitle.com WIRE TRANSFER REQUEST If you are authorizing funds to be wired to your escrow account for closing, you or your bank should direct the electronic wire transfer to our bank as follows: Bank: HomeStreet Bank 601 Union St. Ste 2000 Seattle, WA 98101 Account Name: Rainier Title, LLC Account Number 5315820538 Bank Routing Number 325084426 Reference: Escrow Number 710915RT Buyer/Borrower: If you have any questions please contact Julie Mills at (253)216-0240. All loan documents must be sent to rainierdocs(o)rainiertitle.com FUNDS MUST BE WIRED ACH/Electronic Deposits can NOT be accepted will be rejected and MAY CAUSE A DELAY IN CLOSING **BEAWARE! Online banking fraud is on the rise. If you receive an email amending escrow's WIRE TRANSFER INSTRUCTIONS,please call your•escrow tea"i immediately to verify the information prior to sending fiords.** I i Osborn, Lynn From: Osborn, Lynn Sent: Friday,January 06, 2017 2:32 PM To: Bartlemay,Joe; Broom,Joan Cc: Levenhagen, Brian Subject: FW: 710915RT: City of Kent, a Washington municipal corporation: 10822 SE 248th St - Amended Closing Stmt Attachments: ClosingStatementBuyer_1-6-2017 13-37.pdf Hi Joe and Joan. Happy New Year! It's time to wire the funds for this property acquistfion. I received the funds in JDE and in Oracle just now, and an updated statement is attached. Thanks, Lynn From: Julie Mills rmailto•iuliemCslrainiertitle.com] Sent: Friday, January 06, 2017 2:06 PM To: Team Julie; White,Tammy; Osborn, Lynn; Levenhagen, Brian Subject: 710915RT: City of Kent, a Washington municipal corporation: 10822 SE 248th St-Amended Closing Stmt Hello there, Attached is a copy of the Amended Closing Statement for your records. Please wire $342,684.92 to Escrow by) Monday January 9th. \ f Thank you, Julie Mills Escrow Closer/LPO I Escrow Department RAINIER TITLE www.rainiertitle.com 253 216,1024 Phone 425 990.1660 Fax 20435 - 72nd Ave So,Bldg 3, Ste 155; Dent, WA 98032 i uliemgrainiertitle.com LPO #2917 This communication may provide an attached document for your review or a link to a secure download for the attachment. If there are any questions or concerns please contact the closing team immediately. As part of our compliance with the ALTA Best Practices Rainier sends all documents that contain NPI securely through encrypted email. To learn more about our encrypted email please visit www.rainieititle.com/comr)liance/encryptio r j Osborn Lynn From: Julie Mills <juliem@rainiertitle,com> Sent: Friday,January 06, 2017 12:27 PM To: Levenhagen, Brian Cc: Osborn, Lynn Subject: RE: Martin Acquisition Hi Brian, Okay,Thank you, I will adjust the statement and sorry for the miscommunication on this. I spoke with Mari Martin this morning and she and her husband will be here at 2:30 to sign the Lease agreement and a new closing statement. I will send you a revised statement this afternoon as well,for your records and it does not need to be signed by the Mayor,just use the adjusted figure to wire the funds on Monday,the 9th. O Contact me if you have any questions. Thank you, Julie Mills Escrow Officer LPO#2917 RAINIER TITLE& ESCROW 20435 -72nd Ave So, Bldg 3, Ste 155 Kent,WA 98032 253-216-1024—Direct PLEASE SEND DOCS TO: RAINIERDOCS@RAINIERTITLE.COM PLEASE EMAIL My team email: TEAMJULIE@RAINIERTITLE.COM—For quicker response From: Levenhagen, Brian [mailto:BJLevenhaeen@kentwa.RovI Sent: Friday,January 6, 2017 8:13 AM To:Julie Mills Cc:Osborn, Lynn Subject: FW: Martin Acquisition Hi Julie, I did speak with Mari yesterday. I explained the miscommunication to her. 1 would prefer to stick with the agreement in the purchase and sales agreement and withhold the whole 6 months. Moving can take longer than expected and I would prefer to just cut them one check refunding what is left of the 6 months of rent after they inform me they are officially out of the house. I also don't believe that I have the authority to alter the purchase and sales agreement if I wanted to. I believe you math is correct and correlates to rough math I did during my phone call with Mari yesterday. I let her know they have additional papers to sign before we can close on Monday. Are there additional forms we need the mayor to sign prior to closing on Monday? That could take time depending on the mayor's availability. Thanks, Brian From: Julie Mills [mailto•iuliem@rainlertitle.com] Sent: Thursday, January 05, 2017 4:59 PM To: Levenhagen, Brian Subject: RE: Martin Acquisition Yes, I do. It sounds like you need me to prorate the monthly Rent of$2256.80, Right? Which by my calculations will be $72.80 per day for the month of January. Please confirm the daily rent amount and how many days are they staying after close? 1 They told me they should be out by Sunday or so and they told me you said "no problem",so unfortunately, they took that to mean that no rent would be charged so you might want to call them. Also they did not sign the Lease agreement while they were here for the same reason, because they were able to move up the closing date and assumed they didn't need the 6 month Lease back, they will only need a few days to Vacate the property. Please speak with the Seller and advise me. Thanks, Julie Mills Escrow Officer LPO#2917 RAINIER TITLE & ESCROW 20435 -72nd Ave So, Bldg 3, Ste 155 Kent,WA 98032 253-216-1024—Direct PLEASE SEND DOCS TO: RAINIERDOCS@RAINIERTITLE.COM PLEASE EMAIL My team email: TEAMJULIE RAI�E.COM—For quicker response From: Levenhagen, Brian [mailto•BJLevenhagen@kentwa.aov] Sent:Thursday,January 5, 2017 4:11 PM - To:Julie Mills Subject: Martin Acquisition Hi Julie, The Martins are still going to occupy the house for about a week after we close. We moved the closing date to reduce the number of days they would need to lease the property. We will still be charging them a prorated portion of the 6 month lease holdback amount. The amendment 2 that we signed only addressed moving the closing date from January 4th,to January 9th. It did not change the lease provisions. Do you have a copy of that amendment? Thanks, Brian Brian Levenhagen, Park Planner Park Planning & Development I Parks, Recreation and Community Services 220 Fourth Avenue South, Kent, WA 98032 Direct Line 253-856-5116 1 Fax 253-856-6050 Bllevenhaoen@kentwa oov CITY OF KENT,WASHINGTON KentWA.aov Facebook _awitev_ YouTube II 2 i-s American Land Title Association ALTA Settlement Statement-Borrower Adopted 05-01-2015 File No./Escrow No.: 710915RT Rainier Title, LLC-Kent OfFlcerlEscraw Officer: 72nd Ave.S. cer:Julie Mills � 9WerI 5.°a�„,uk Bldg.3 ...,�'%yc`':—•: $w Ste. 155 R)U% Locally Cwned and Dperated Kent,WA 98032 Properly Address: 10822 S.E.248TH STREET KENT,WA 98030(KING) (202205-9239-09) Borrower: CITY OF KENT,A WASHINGTON MUNICIPAL CORPORATION 220 4th Ave South Kent,WA 98032-5895 I Settlement Date: 1/9/2017 Description Borrower LDebit Credit De oslts,Credits,Debits Sale Price of Property $370,000.00 DeposR $15,000.00 Proralions county Taxes 1/12017 to V912017 2$4,628.02Near $101,16 Title Chances Title-Lenders Title Insurance to Rainier Tile,LLC Tile-Sell ement or closing fee to Rainier Title,LLC-Kent $903.38 Work Fee addilonali to Ralnier TNe,LLC $328.50 Government Recording and Transfer Charges Recording fees Deed$9500 $9500 - Debit 'Credit -. Subtotals $371326.88 $15,101.16 Due From Borrower $356,22572 Totals $371,326.88 $371,326,88 Acknowledgement We4 have carefully reviewed the ALTA Settlement Statement and find it to be a true and accurate statement of all receipts and disbursements made on my account or by me in this transaction and further certify that I have received a copy of the ALTA Settlement Statement.Well authorize Rainier Title,LLC-Kent to cause the funds to be disbursed in accordance with this statement. 80RROWER(S) City of Kent �i BY8uze11eccoke,its Mayer Dale K v j - 1 SETTLEMENT COORDINATOR _- Julie Mills - - i File#710915RT Page 1 of 1 Primed on 1/32017 at 11:38 AM r. American Land Title Association ALTA Settlement Statement-Borrower Adopted 05-01-2015 File No./Escrow No.: 710915RT Rainier Title,LLC-Kent Officer/Escrow Officer:Julie Mills 2043572nd Ave.S. 7,�_�,�� Bldg.3 ^�"glyitlu�T Title itle Ste.155 200%Locally Owned and Operated Kent,WA 98032 Property Address: 10822 S.E.248TH STREET KENT,WA 98030(KING) (202205-9239-09) Borrower: CITY OF KENT,A WASHINGTON MUNICIPAL CORPORATION 220 4th Ave South Kent,WA 98032-5895 Settlement Date: 1/4/2017 a n u r x "" 7 Descnphan r s 'i, 9orroWor s': ey+ , Deb ,it ' Credit - Deposits,Credits,Debits $370,000�00 Sale Price of Pro a $15 D0000 De it Pmratlons County Taxes 111J2017 to IA12017(o]$4,628.02f/ear, $13,640.8040.80 Sella Lease Back 6 months rent Title Chamois Title-Lenders Title Insurance fe Rainier Title,LLC Title-Settlementordosi fee to RenlerTNe,LLC Kent $903.38 Wwk Fee additional to Rainier 730,LLC $328050 GovernmentRecordino and Transfer Charges $95 ftecwdin lees Oeed$9500 - W $371,32688 $28,579.73 Subtotals one From Borrower $342,748.15 Tolels 5371,326.88 $37T326.88 Acknowledgement Well have carefully reviewed the ALTA Settlement Statement and find it to be a true and accurate statement of all receipts and disbursements made on my account or by me in this transaction and further certify that I have received a copy of the ALTA Settlement Statement.Well authorize Ralnler Tiffs,LLC-Kent to cause the funds to be disbursed In accordance with this statement. BORROWERS) t�� 9 $zede Co e,its Mayor Data t SETTLEMENT COORDINATOR i _ __ �'-✓' Julie FAJIs r � C 61hT.Jl4 , t,fi 1 �i f I i — t, File#710915RT Page 1 Of 1 Printed on 12122/2016 at 11:24 AM REQUEST FOR MAYOR'S SIGNATURE . Routing information: (.ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)' Approved by Director Originator: Lynn Osborn for Brian Levenhagen Phone (Originator):X5111 Date Sent: 11/23/16 Date Required: Soonest please Return Signed Document to: Lynn Osborn Contract Termination Date: 1/4/2017 VENDOR NAME: Date Finance Notified: Glen D. and Merl iii, Martin (Only required on contracts 1 1/1 8/1 20 000 and over of on any Grant DATE OF COUNCIL APPROVAL: Date Risk Manager Notified: 11/15/16 (Required on Non-City Standard Contracts A reement5 Has this Document been Specifically Account Number: Authorized In the Bud eta YES NO Brief Explanation of Document: This is a Real Estate Purchase and Sales Agreement with Earnest Money,for tax parcel Pits number 202205-9239,.located at 10822 SE 248th Street. This 0.83-acr parcel completes the connection of the present Morrill Meadows Park with East Hill Park, which the city is planning to combine and renovate in anticipation of a planned YMCA facility within the resulting single, larger park. Funds for this $370,000 acquisition will come from the Parks Land Acquisition budget. The sellers will remain in residence on the prop r der,-SgRarP e,l use; for 6 months beyond the transaction closing date. Goritracts Must Be Routed Through The Caw Department s x a ^ f w, s area to be 4;,,4)eted1 by the LawDepartment) Rece � �, Approval of Law Dept.: { t t Law Dept, Comments: Date Forwarded to Mayor: Shaded Areas To Be competed By Administration Staff 77 lZeceived: __ Recommendatapns and Comments Date Returned: Gai sviglRiyveA h.HAavu'z SAnpiure tlµa rrY OF Kiv`W i1YCLERK REQUEST FOR AYOR`S SIGNATURE Pmil on it tint Routing Information: (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT),,.. Approved by Director Originator: Lynn Osborn for Brian Levenh;agen Phone (Originator):Xr5111 Date Sent: 12/1/16 Date Required: 12/1f 16 Please Return Signed Document to: Contract Termination Date: Lynn Osborn Contract VENDOR NAME: Date Finance Notified: J Rainier Title for Glen D. and teen N. Marlln (Only required on contracts 11 118/ 1 20 000 and over or on an. Grant) i 7 DATE OF COUNCIL APPROVAL: Date Risk Manager Notified: (Required on Non-Ci A Standard Contracj4 reernents Has this Document been Specificali Account Number, Authorized in the Budget? YES Q NO Brief Explanation of Document: This a closing agreement and escrow instructions for the city's acquisition of the Martin property at 10822 SE 248th Street. The Purchase and Sale Agreement and Amendment One were signed on 11/29/16. This 0.83-acre parcel will complete the connection of Morrill Meadows and East Hill Parks into a single larger park. The purchase price is $370,000, plus closing costs, which will come from the Parks Land Acquisition budget. The planned closing date for this transaction is on or before January 4,,2017 % ` A8 t o i*dst Be Routed'Through The Law department (This area to be completed by the faW Department) Received: Approval of Law Dept.: Law Dent Date ForwSWdtoMayor: { jL Shaded Areas To Be Completed BY'A�Iministration Staff Received;;= �_`��' Reeommendations and Comments: piSpkkSltion; 4 "14 r e ev Date Returned: . P 41 m'i btl asm9lRequertltdlBYas SI�oa1112 do.} REQUEST FOR MAYORS SIGNATURE I 9 T Otim. on cherry-Colored ilaper Routing Information: (ALL REQUESTS MUST FIRST BE ROUTED THRoUraH THE LAW DEPARTMENT) Approved by Director„; ;, Originator: Lynn Osborn for Brian Levenhagen Phone(Originator): 5111 Date Sent: 12/27/16 Date Required:Soonest please Return Signed Document to: Contract Termination Date: Lynn Osborn 1J4/201.7 VENDOR NAME: Date Finance Notified: F?8in18r Title, LLB (only required on contracts 1 1/1 8/1 6 20 000 and over pr on any Grant DATE OF COUNCIL APPROVAL: Date Risk Manager Notified: 1�-> >��- (Required on Non-City Standard Contracts/Agreements Has this Document been Specifically Account Number: P21012 Parks Land acquisition Authorized in the Bud et? I YES ? NO Brief Explanation of Document: Final escrow and closing documents for the purchase of the Martin property at 10822 SE 248th Street, including a.short-term residential lease option for the sellers. The purchase of this 0.85-acre property was authorized by city council during executive session on 11115/16, and the;Purchase and Sale Agreement was signed by the city on 11/29116. The purchase price is $370,000 plus final closing costs, which includes an earnest money payment of $15,000 already;deposited with Rainier Title on 12/8116. This property will complete the connection of Morrill Meadows and East Hill Parks, creating a jnW.lal l rk W ,,p proposed YMCA can be situated. t L. 'a .,.F A on#racts bust Be Routed Through The Law Departments (This area "be completed by the Law Department) Received; A -of Lik?eptj �If� n .._.....ice yY'�'" rr �x tS ln�l'�iv � �. Date Forwarded to Mayor: Shaded Areas To Be itiompleted By Administration Staff Received'; Ftecorrimendations ai,d Gohiments. l7isp©sition: Date'Retumed: mmeblYw4esan9RxAmvt(Pi M1i'aY✓%5rzsm4 REQUEST FOR MAYOR'S SIGNATURE 0 T Yhns on Cherry-Cot orecl ;:taper Routing Information; (ALL REQUESTS MUST FIRST BE ROOTED THROUGH THE LAW DEPARTMENT) Approved by Directflr Originator: Lynn Osborn for Brian Levenhagen Phone (Originator);x5111 Date sent: 1/3/17 Date Required: Soonest Tease Return Signed Document to: Contract Termination Date: Lynn �. 1/9/17' VENDOR NAME. Date Finance Notified: Glen . and iVierl N. Martin (only required on contracts 1 1 f 1$/ 23 000 and over or on an Grant) 1 DATE OF COUNCIL APPROVAL: Date Risk Manager Notified: ' 11 /15/1 (Required on Non-City Standard Contracts/Agreements) Has this Document been Spe ificaliv Account Number: P21012 Parks Land Acquisition Authorized in the Budget; i YE5 ONO Brief Explanation of Document: This is Amendment Two to a Purchase and Sale Agreement signed by the city on 11129/16, for the property at 10822 5E 248th Street. This amendment changes the transaction chasing date from on or before .January 4, to on or before January 9, 2017. The purchase cost of this property at adjoining Morrill Meadows and East Hill Parks is $370,000 plus closing costs TBD. Wst Be Routed Through The Lavin Department (This area to be completed by the Law Department) Received Approval of Law Dept.' ept ,. Law De e. s~'0, / b i Date Forwarded to Mayor: Shaded Areas To Be Completed By Administration Staff A t m 1 eeonirnendations and'Corn rents: Z ` {351t1On �`'''>F .L..§ l 7- , r' '`~�'°�" 1 ' - j t�4;i' t f r rs,ffi.,�'^?`..;`r`r ,,.'a,7✓Yr's �" ,�'.,.u,°?P , b.� , t3ate AetUrned: P Al'tl.Frumsr odermt rvw rvt ran fa• egorF sr0W6e aop[ Kent City Council Regular Meeting November 15, 2016 Minutes Kent, Washington Councilmember Fincher indicated the next meeting will be held on November 17, 2016. G. Public Safety Committee. Councilmember Jim Berrios indicated that there was discussion regarding graffiti and indicated that the city does not tolerate graffiti and asked that residents report graffiti to 253-856-4723. H. Public Works Committee. No report I. Regional Fire Authority. No report EXECUTIVE SESSION At 8:54 p.m., Mayor Cooke advised that executive session is anticipated to last 30 minutes and collective bargaining and property negotiations will be discussed. A. Collective Bargaining as per RCW 42 30 140(4)(a). B. Property Negotiations as Der RCW 42 30.110(1)(b). At 9:25 p.m,, executive session was extended for an additional 15 minutes At 9:39 p.m., executive session was extended for an additional 15 minutes At 9:55 p,m., executive session was extended for an additional 15 minutes At 10:13 p.m., Mayor Cooke reconvened the meeting. ACTION AFTER EXECUTIVE SESSION Councilmember Fincher moved to authorize the mayor to sign all necessary documents to purchase the Martin property, located at 10822 S.E. 248`, Street at a cost not to exceed $370,000, plus reasonable closing costs, plus to lease the property back to Glen and Mari Martin for up to six months at a leasehold rate of $2,000 per month, plus applicable leasehold excise tax, subject to final terms and conditions acceptable to the city attorney and the interim parks and recreation director. Councilmember Budell seconded the motion. Councilmember Fincher conveyed that this purchase will complete the assemblage of the YMCA project between Morrill Meadows and East Hill park. Motion passed 4-0. ADJOURNMENT The meeting adjourned at 10:15 p.m. j Kimberley A. Komoto City Clerk November 15, 2016 Page 8 of 8 MOTION: To authorize the mayor to sign all necessary documents to purchase the Martin property, located at 10822 SE 248t" Street at a cost not to exceed $370,000, plus reasonable closing costs, plus to lease the property back to Glen and Mari Martin for up to six months at a leasehold rate of $2000 per month, plus applicable leasehold excise tax, subject to final terms and conditions acceptable to the city attorney and the interim parks and recreation director. i I I I