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HomeMy WebLinkAboutPW17-059 - Original - Gary and Teresa Gribble - Purchase of Gribble Property - 01/31/2017 , �. Records WASH ING TO N Document 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: Gary and Teresa Gribble Vendor Number: JD Edwards Number f Contract Number: wi If` 015q This is assigned by City Clerk's Office Project Name: Purchase of Gribble Property, 26204 SE Kent Kanolev Rd, Ravensdale Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract ❑ Other: Purchase & Sale Agreement Contract Effective Date: 1/31/17 Termination Date: N/A Contract Renewal Notice (Days): N/A Number of days required notice for termination or renewal or amendment Contract Manager: Dee Martindale Department: PW Contract Amount: $535 nnn nn Approval Authority: ❑ Department Director ® Mayor ® City Council Detail: (i.e. address, location, parcel number, tax id, etc.): As of: 08/27/14 REAL ESTATE PURCHASE AND SALE AGREEMENT WITH EARNEST MONEY PROVISION This Agreement is entered between the CITY OF KENT, a Washington municipal corporation, authorized by the Kent City Council on January 17, 2017 ("Buyer"), whose mailing address is 220 4`h Avenue South, Kent, Washington 98032-5895, and Gary D. Gribble and Teresa S. Gribble, husband and wife (collectively, "Seller"), whose mailing address is 26204 SE Kent Kangley Road, Ravensdale, Washington 98051, for the sale and purchase of real property as follows: 1. PROPERTY. The Property, which Buyer agrees to buy and Seller agrees to sell, is known as King County Tax Parcel Numbers 252206-9048 and 252206- 9066, located at 26204 SE Kent Kangley Road, Ravensdale, Washington 98051 (the "Property"). The Property is legally described in Exhibit "A", attached hereto and incorporated herein by this reference. 2. EARNEST MONEY. Within ten business days of mutual acceptance of this Agreement, Buyer shall deposit with Barry C. Kombol, of Rainier Legal Center (the "Escrow Agent"), the sum of five thousand and no/100 ($5,000.00) 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 Five Hundred Thirty Five Thousand and NO/100THS ($535,000.00), including Earnest Money, payable on Closing. 4. CONTINGENCIES. This Agreement is contingent upon: (a) Approval by the Kent City Council, pursuant to Section 19 of this Agreement. Buyer's Initials Seller's Znitlals IV Seller's Zaitla Real Estate Purchase and Sale Agreement Page 1 of 10 (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 ten days from the date of mutual acceptance of the Agreement. Within five days of Buyer's receipt of the Disclosure Statement from Seller, Buyer shall either approve and accept the Disclosure Statement, or rescind the Agreement to purchase the Property, in its sole and absolute discretion. If Buyer does not deliver a written rescission notice to Seller within the five day period, the Disclosure Statement will be deemed approved and accepted by Buyer. (c) Removal from the property by the Seller of two (2) unoccupied mobile homes, heavy equipment, flat-bed trailer and pup- trailer, nursery supplies, scrap metal, non-operating vehicles, trash, and other man-made miscellaneous materials located on the Property. Buyer shall withhold $15,000.00 from the Purchase Price until all materials listed in this section 4(c) are removed from the property. Buyer and Seller will conduct a site-inspection within forty-five (45) days of Closing. If the items have been removed, the Seller and Buyer shall provide written acknowledgment to the escrow agent, who may then disperse the $15,000 to Seller. This written acknowledgment will be called Exhibit "C" to this Agreement and will become a part of same. (d) Seller shall defend, indemnify and hold Buyer, its officers, officials, employees, agents and volunteers harmless from any Buyer's Initlals=<2� Seller's Initials, . Seller's Initials�AP Real Estate Purchase and Sale Agreement Page' of 10 and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with removal activities pursuant to section 4(c) and section 11. The foregoing includes, without limitation, injury or damage to the person or property of Seller or any third party. The provisions of this section shall survive the expiration or termination of this Agreement. (e) Seller shall provide all known information on the water supply well on the site, including, but not limited to, the well drilling log, pump information (make, model, age, etc.), results of any and all water pumping tests, reliable yield, results of any and all water quality tests and any other information currently in possession of the Seller. Except as described in section 4(c) the offer is AS IS as to the remaining structure. Should any of the contingencies, except for the provisions of section 4(c), 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. If the requirements of section 4(c) are not met as set forth in section 4(c), within forty- five (45) days of Closing, Buyer may, at its sole discretion, elect to permanently retain $15,000.00 from the Purchase Price and undertake the removal of the items identified in section 4(c), provided that Buyer shall first give Seller written notice of its intent to do so. Buyer's notice of election to retain the $15,000, due to Seller's failure to satisfy the requirements of section 4(c) shall also be provided to the escrow agent and will, thereby, authorize the escrow agent to disperse such funds back to Buyer. Furthermore, all tangible personal property left on the Property by Seller after Closing shall become the sole property of Buyer. Seller agree to execute all necessary instruments, including, but not limited to, bills of sale or other title Buyer's Initialslgl(�— Seller's Initials Seller's Initial.s�44- Real Estate Purchase and Sale Agreement Page 3 of 10 documents, to perfect passage of title from Seller to Buyer for such tangible personal property. S. 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) Closing, Buyer shall pay and authorizes the Closing Agent to send to the King County health officer the necessary fee and a signed copy of the notice on title as set forth in King County Health Code Section 13.56.054.A. (c) Seller shall have the OSS inspected and, if necessary, pumped by an OSS service company at Seller's expense. Buyer shall have the right to observe the inspection. Seller shall provide Buyer with three (3) days' notice of the date and time of the inspection. Within fourteen (14) days of mutual acceptance, Seller shall provide Buyer with a copy of the inspection report. 6. CONVEYANCE AND CONDITION OF TITLE. The title to the Property shall be conveyed by Seller to Buyer at Closing by Statutory Warranty Deed (in substantially the same form as Exhibit "D", attached and incorporated by this reference), free and clear of all liens, encumbrances or defects except those described in Schedule B, paragraphs 16-29 of Title Report Number 712099RT, described in Exhibit "E", attached hereto and incorporated herein by this reference. All other special exceptions therein are to be removed on or before Closing. General exclusions and exceptions common to the area and not materially affecting the value of orunduly interfering with Buyer's reasonable use of the Buyer's Initlalsrl`� Seller's Initials - r' Seller's Initials`_* Real Estate Purchase and Sale Agreement Page 4 of 10 Property shall be permitted. All monetary encumbrances and special exceptions listed in Exhibit "E", other than those specifically noted above, are to be removed on or before closing. The sale shall include both transfer of real property and the mobile home currently located on the Property, identified as a 1968 Buddy, VIN: and Certificate No. . Seller shall execute all necessary documents at Closing to transfer title to the mobile to Buyer. 7. TITLE INSURANCE. At Closing, Buyer shall cause Rainier Title, LLC (Title Agent), to issue standard coverage owner's policy of title insurance to Buyer in an amount equal to the total purchase price of the Property. For purposes of this Agreement, the following shall not be deemed encumbrances or defects: rights reserved in federal patents or state deeds, building or use restrictions consistent with current zoning and utility and road easements of record. If title cannot be made so insurable prior to Closing, unless Buyer elects to waive such defects or encumbrances, this Agreement shall terminate and the Earnest Money shall be returned to Buyer. S. CLOSING COSTS AND PRORATIONS. Except for those fees which are expressly limited by Federal Regulation, Buyer shall pay the escrow fee, and Excise Tax, if applicable, all recording costs, title insurance premium, the costs of any survey, and the fees and expenses of its consultants. Taxes for the current year, rents, interest, water, sewer and other utility charges, if any, shall be paid by Seller, and prorated as of the day of Closing, unless otherwise agreed. 9. CLOSING OF THE SALE. WITH THE UNDERSTANDING THAT TIME IS OF THE ESSENCE FOR THIS AGREEMENT, this sale shall be closed within 30 days of the date of mutual acceptance of this Agreement, which shall also be the termination date of this Agreement, unless said Closing date is extended in writing by mutual agreement of the parties. When notified, the Buyer and Seller will deposit, without delay, in escrow with Barry C. Kombol of Rainier Legal Center (Escrow Agent), all instruments and monies required to complete the transaction in Buyer's Initials, G--'' Seller's Initials ; Seller's Initials�. Real Estate Purchase and Sale Agreement Page 5 of 10 accordance with this Agreement. Closing, for the purpose of this Agreement, is defined as the date that all documents are executed and the sale proceeds are available for disbursement to the Seller. 10. CASUALTY LOSS. If prior to Closing, improvements on the Property shall be destroyed or materially damaged by fire or other casualty, this Agreement, at option of the Buyer, shall become null and void. 11. POSSESSION. Buyer shall be entitled to possession on Closing. Seller may continue occupancy of the Property for seven (7) days after Closing to allow for moving of personal belongings from the property, including all appliances, stove top, stove hood, microwave, refrigerator, dishwasher and range, but Seller may continue to enter the Property in order to remove items as set forth in section 4(c). 12. SELLER'S REPRESENTATIONS. Seller represents: (a) that Seller will maintain the Property in present or better condition until time of agreed possession and will remove the items and materials identified in section 4(c) above; (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. Seller is not aware of any lease affecting the Property or any improvements on the Property. (d) Seller will provide title to the 1968 (24'x52') mobile home. 13. SELLER'S ENVIRONMENTAL REPRESENTATIONS. Seller represents that, to the best of Seller's knowledge, Seller is not aware of the existence of, or has caused or allowed to be caused, any environmental condition Buyer's Initialiv� Seller's Initials Seller's Initials a Real Estate Purchase and Sale Agreement Page 6 of 10 (including, without limitation, a spill, discharge or contamination) that existed as of and/or prior to Closing, or any act of omission occurring prior to Closing, the result of which may require remedial action pursuant to any federal, state or local law or may be the basis for the assertion of any third party claims, including claims of governmental entities. This provision shall survive Closing and be in addition to Seller's obligation for breach of a representation or warranty as may be set forth herein. 14. SELLER'S INDEMNITIES: Seller agrees to indemnify and hold harmless the Buyer, against and in respect of, any and all damages, claims, losses, liabilities, judgments, demands, fees, obligations, assessments, and expenses and costs, including, without limitation, reasonable legal, accounting, consulting, engineering and other expenses which may be imposed upon or incurred by Buyer, or asserted against Buyer, by any other party or parties (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. 15. 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. Buyer's Initials Seller's Initlals �, * Seller's Initials Real Estate Purchase and Sale Agreement Page 7 of 10 (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. 16. NOTICE TO SELLER. This form contains provisions for an agreement for the purchase and sale of real estate. Buyer makes no warranty or representation of any kind that this form, or any of its provisions, is intended to meet the factual and legal requirements of a particular transaction, or that it accurately reflects the laws of the State of Washington at the time Seller enters into the Agreement. THIS AGREEMENT HAS SIGNIFICANT LEGAL AND FINANCIAL CONSEQUENCES. SELLER IS ADVISED TO SEEK INDEPENDENT LEGAL AND FINANCIAL COUNSEL REGARDING THESE CONSEQUENCES. 17. NON-MERGER, The terms, conditions, and provisions of this Agreement shall not be deemed merged into the deed, and shall survive the Closing and continue in full force and effect. 18. NOTICES. All notices required or permitted to be given hereunder shall be in writing and shall be sent U.S. certified mail, return receipt requested, or by facsimile transmission addressed as set forth below: (a) All notices to be given to Buyer shall be addressed as follows: City of Kent Sean Bauer, Water Department 220 Fourth Avenue South Kent, WA 98032 SBauer@kentwa.gov Phone: 253-856-5610 (b) All notices to be given to Seller shall be addressed as follows: Gary D. Gribble and Teresa S. Gribble 26204 SE Kent Kangley Road Ravensdale, WA 98051 Phone: 253-569-2095 and 253-569-1093 Buyer's Initials Seller's Initials 4- Seller's Initial Real Estate Purchase and Sale Agreement Page 8 of 10 (c) All notices to be given to Escrow Agent shall be addressed as follows: Barry C. Kombol Rainier Legal Center 31615 3rd Avenue Black Diamond, WA 98010 Phone: 360-886-2868 Email: barry@rainierlegal.com 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. 19. CITY COUNCIL ACTION REQUIRED. Seller acknowledges that the closing of the transaction contemplated by this Agreement ("Closing") is expressly conditioned on the city of Kent City Council's (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. The city of Kent shall not be liable or obligated for any burden or loss, financial or otherwise, incurred by Seller as a result of the City Council's modification of the final terms and conditions of this Agreement, or the City Council's failure to grant the Council Authorization. 19.1 Seller's Waiver. Seller expressly waives any claim against the city of Kent and its elected officials, officers, employees, 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. 20. ENTIRE AGREEMENT. This Agreement, including all incorporated exhibits, constitutes the full understanding between Seller and Buyer. There have been no verbal or other agreements that modify this Agreement. Buyer's Initial Seller's Initlals Seller's Initils Real Estate Purchase and Sale Agreement Page 9 of 10 21. BINDING EFFECT AND SURVIVAL. This Agreement shall be binding upon parties hereto and their respective heirs, successors and assigns, and the terms, conditions and provisions of this Agreement shall survive the Closing of this transaction. 22. DATE OF MUTUAL ACCEPTANCE. For the purposes of this Agreement, the date of mutual acceptance of this Agreement shall be the last date on which the parties to this Agreement have executed this Agreement as indicated below. 23. EXPIRATION OF OFFER. Seller shall have only until 5:00 pm on January 31, 2017, 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 rights of the parties hereunder shall terminate. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set forth below. BUYER: CITY OF KENT By: . , r Print Nn e; ettem.Cooke ItsM or .............................. . Dated: SELLER: Print Name: Af (Print Name: le-reSci S . Gi:'oK1J� Dated: / e f Dated: 011.3 02,e91 , Buyer's Initials,o� Seller's Initials4/ Seller's Initials05"L Real Estate Purchase and Sale Agreement Page 10 of 10 Exhibit ► to rllable Purchase and Sale Agreement EXHIBIT A LEGAL DESCRIPTION Parcel A The South half of the Northwest quarter of the Northwest quarter of the Southwest quarter of Section 25, Township 22 North, Range 6 E-ast, W.M. in King County, Washington, Except the East 20 feet thereof for road; Together with an easement for road and utility puposes per instrument recorded under King County Recording No. 9808180541; Parcel B: The North half of the Northwest quarter of the Northwest quarter of the Southwest quarter of Section 25, Township 22 North, Range 6 East, W.M. in King County, Washington, Together with an easement for road and utility puposes per instrument recorded under King County Recording No. 9808180541, Situate in the County of King, State of Washington. �o( Page 2 Exhibit "B" to nibble Purchase and Sale Agreement EXHIBIT B liELLFWS plscLt s TE t NT 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 BO T THE CONDITION OF THE PROPERTY LOCATED AT 1�y,Z U i'�w,. of J ¢ 1KENT, WASHINGTON, ("THE PROPERTY"), OR AS LEGALLY DESCRIBED ON ATTAf2 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. a 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: 3r. a C'I.., SELLER: LLER` ......,._ �du .� 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 PI Yes [ ] No [ ] Don't know A. Do you have legal authority to sell the property? If no, please explain. [ ] Yes No [ ] Don't know *B. Is title to the property subject to any of the following? (1) First right of refusal (2) Option (3) Lease or rental agreement (4) Life estate? [ ] Yes [-,r of [ ] Don't know *C. Are there any encroachments, boundary agreements, or boundary disputes? "yes [ ] No [ ] Don't know *D. Is there a private road or easement agreement for access to the property? [ ] Yes [ ] No [rpon't know *E. Are there any rights-of-way, easements, or access limitations that may affect the Buyer's use of the property? [ ] Yes [ ] No [•}-6on't know *F. Are there any written agreements for joint maintenance of an easement or right-of-way? [ ] Yes [--rf o [ ] Don't know *G. Is there any study, survey project, or /t notice that would adversely affect the property? [ ] Yes [-]"No [ ] Don't know *H. Are there any pending or existing assessments against the property? [ r es ( ]'' No ( ] Don't know *I. Are there any zoning violations, nonconforming uses, or any unusual restrictions on the property that would affect future GLm construction or remodeling? [�s [ ] No [ ] Don't know *J. Is there a boundary survey for the property? [ ] Yes [-l"No [ ] Don't know *K. Are there any covenants, conditions, or restrictions recorded against the property? DATE. .C..%SELLER:.. � 2. WATER A. Household Water (1) The source of water for the property is: [ ] Private or publicly owned waiter system H'Vrivate well serving only the subject Property—------- ---...... ._._ .... *[ ] Other water system [ ] Yes [ ] No [ ] Don't know * If shared, are there any written agreements? i [ ] Yes [3 ffo [ ] Don't know *(2) Is there an easement (recorded or unrecorded) for access to and/or maintenance of the water source? [ ] Yes [ No [ ] Don't know *(3) Are there any problems or repairs needed? [ ] Yes [ ]No [ ] Don't know (4) During your ownership, has the source provided an adequate year-round supply o potab a water? If no, leas explain jBS No Don't know *!5� � — ,.[q-Y [ ] [ ] ( ) Are there any water treatment systems for the property? If yes, are they [ ] Leased [,}-dwned. [ ] Yes [4_1q�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? [ j Yes [,I 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)._______mmm _ B. tirrigation Water [ ] Yes [-T N❑ [ ] Don't know (1) Are there any irrigation water rights for the property, such as a water permit, certificate, or claim? r Ul7 � � � DATE: ., �m..,__,..SELLER:.., ?/�3ELLER: ,1,_ [ ] 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 IVo [ ] 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 [I"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: [ ] Pu lic sewer system [ n-site sewage system (including pipes, tanks, drainfields, and all other component parts) [ ] Other disposal system, please describe: [ ] Yes [ ] No [ ] Don't know B. If public sewer system service is available to the property, is the house connected to the sewer main? If no, please explain._.....__.._...m„__,_ _. [ ] Yes [4"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? DATE: / O � � ELLER:.I� ..._ -� ' � 1 SELLERA ��. D. If the property is connected to an on- site sewage system: No [] Don't know *(I) 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: [ ] Yes [ Na [ ] 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- Ite sewage system approved? ._.f2 _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 Don't know *F. Have there been any changes or repairs to the on-site sewage system? ['' Yes [ I No [ ] Don't know G. Is the on-site sewage system, including the drainfield, located entirely within the boundaries of the property? If no, please explain. [ ] Yes [- No [ ] Don't know *H Does the on-site sewage system require monitoring and maintenance services more frequently than once a year? If yes, please explain: NOTICE: IF THIS RESIDENTIAL REAL PROPERTY DISCLOSURE STATEMENT IS BEING COMPLETED FOR NEW CONSTRUCTION WHICH HAS NEVER BEEN OCCUPIED, THE SELLER IS NOT REQUIRED TO COMPLETE THE QUESTIONS LISTED IN ITEM 5. STRUCTURAL OR ITEM 6. SYSTEMS AND FIXTURES. 4• HEATING A. How is the residence heated? ❑ Baseboard electric ❑ Gas ,, ❑ Oil [ ] Y r^' ❑ Propane Yes [ T No [ ] Don't know Is there an onsite fuel tank? DATE: .,I ZCi/�_.SELLER:. ..f P S. STRUCTURAL [ ] Yes [,4"No [ ] Don't know *A. Has the roof leaked within the last five years? [ ] Yes [ ,f No [ ] Don't know *B. Has the basement flooded or leaked? m Yes [ I o [ ] Don't know *C. Have there been any conversions, /t additions, or remodeling? [ ] Yes [JNo [ ] Don't know *(1) If yes, were all building permits obtained? [ ] Yes [ ] No [ ] Don't know *(2) If yes, were all final inspections obtained? [ ] Yes [ ] No [-�KOn't know D. Do you know the age of the house? If yes, year of original construction:_...,,,,�. [ ] Yes [•f o [ ] Don't know *E, Has there been an settling, slippage, or sliding of the property or its improvements? [ ] Yes [--'No [ ] Don't know *F. Are there any defects with the following: (If yes, please check applicable items and explain.) ❑ Foundations ❑ Decks _ Walls- Interior Walls Fire Alarm Doors ❑ Windows Patio _ Ceilings Slab Floors C] Driveways n....Pools ...._. ❑ Hot Tub Saunas — — __.. Sidewalks Dutbuildin s Fireplaces Garage Floors. ] Walkways - [ Siding ❑ oth er _ r- _ _ ❑ Wood Stoves [r] Yes [ ] No [ ] Don't know *G. Was a structural pest or"whole house" inspection done? If yes, whenand y h was f, the inspection completed?_J , _- ley { [ ] Yes [ I"No [ ] Don't know H. During your ownership, has the property had any wood destroying organism or pest infestation? [ - es [ ] No [ ] Don't know I. Is the attic insulated? [-T�Yes [ ] 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. DATE: f / it [ ] Yes [J`No [ ] Don't know a Electrical system, including wiring, switches, outlets, and service. [ ] Yes [jNo [ ] Don't know + Plumbing system, including pipes, faucets, fixtures, and toilets. [ ] Yes dNo [ ] Don't know + Hot water tank [ ] Yes [ ] No [ ] Don't know + Garbage disposal [ ] Yes [ ] No [ ] Don't know a Appliances [ ] Yes [ ] No [ ] Don't know + Sump pump [ ] Yes [41No/ [ ] Don't know + Heating and cooling systems [ ] Yes [ ] No [ ] Don't know + Security system [ ] 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 [ ] 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 [7 No [ ] Don't know (1) Woodstove? [ ] Yes [ �No [ ] Don't know (2) Fireplace insert? [ ] Yes No [ ] Don't know (3) Pellet stove? [ ] Yes 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? a DATE oaf 2 I �$ELLER:,,, „ ,,, ZIJ SELLER�.—Z^k— [t,]"Yes [ ] No [ ] Don't know D. Is the property located within a city, county, or district or within a department of natural resources fire protection zone that provides fire protection services? [ ] Yes [If 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.) [ ] Yes (I No [ ] Don't know F. Is the property equipped with smoke alarms? 7. HOMEOWNERS' ASSOCIATION/COMMON INTERESTS [ ] Yes [-]'No [ ] Don't know A. Is there a Homeowners' Association? Name of the Association and contact information for an officer, director, employee, or other authorized agent, if any, who may provide the association's financial statements, minutes, bylaws, fining policy, and other information that is not publicly available,__ _...... [ ] Yes [ ]`No [ ] Don't know B. Are there regular periodic assessments: $ per [ ] Month [ ] Year [ ] Other _ [ ] Yes [ "'N/o [ ] Don't know *C. Are there any pending special assessments? [ ] Yes No [ ] Don't know *D. Are there any shared "common areas" or any joint maintenance agreements (facilities such as walls, fences, landscaping, pools, tennis courts, walkways, or other areas co-owned in undivided interest with others)? 8. 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 [.41<0 [ ] Don't know *B. Does any part of the property contain fill dirt, waste or other fill material? DATE: '�" 1( )SELLER, _ ( ,�.ptR + .. ..-SELLER4•�..— ......- [ ] Yes [ ] No [ ] Don't know *C. Is there any material damage to the property from fire, wind, floods, beach movements, earthquake, expansive soils, or landslides? [ ] Yes [ ] No [,J"Don't know D. Are there any shorelines, wetlands, floodplains, or critical areas on the property? [ ] Yes { ]"No [ ] Don't know *E. Are there any substances, materials, or products on the property that may be environmental concerns, such as asbestos, formaldehyde, radon gas, lead-based paint, fuel or chemical storage tanks, or contaminated soil or water? [ Yes [ ] No [ ] Don't know *F. Has the property been used for commercial or industrial purposes? Yes No Don't know *G. Is there any soil or groundwater contamination? [,]'Yes [ ] No [ ] Don't know *H. Are there transmission poles or other utility equipment installed, maintained, or buried on the property that do not provide utility service to the structures on the property? vwv c 4ti [ ] Yes [.3 Nfo [ ] Don't know *I. Has the property been used as a legal or illegal dumping site? [ ] Yes [_}'No [ ] Don't know *J. Has the property been used as an illegal drug manufacturing site? r [ ] Yes [ ] No [ on'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, [ "Yes [ ] No [ ] Don't know *A. Did you make any alterations to the home? If y s, lease describe the alterations: [ ] Yes [,J"No [ ] Don't know *B. Did the previous owner make any alterations to the home? [ ] Yes [ N [ ] Don't know *C. If alterations were made, were permits or variances for theses alterations obtained? DATE: aL' LLER:_ k '—�/ •�aELLER �C � _. —. 10. FULL DISCLOSURE BY SELLERS A. Other conditions or defects: [ ] Yes [r] No [ ] Don't know *Are there any other existing material defects affecting the property that a prospective buyer should know about? B. Verification: The foregoing answers and attached explanations (if any) are complete and correct to the best of my/our knowledge and I/we have received a copy hereof. I/we authorize all of my/our real estate licensees, if any, to deliver a copy of this disclosure statement to other real estate licensees and all prospective buyers of the property. DATE 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 LICEpNSEE OR OTHER PARTY. DATE I� I BUYER:. ,76V. .,,.,.BUYEEt BUYER'S WAIVER OF RIGHT TO RECEIVE COMPLETED SELLER DISCLOSURE STATEMENT Buyer has been advised of Buyer's right to receive a completed Seller Disclosure Statement. Buyer waives that right. However, if the answer to any of the questions in the section entitled "Environmental" would be "yes," Buyer may not waive the receipt of the "Environmental" section of the Seller Disclosure Statement. DATE: .. _w . .._ _ ... .. BUYER . _. BUYER DATE:_ p C `' ) SrLL.ER: f _S LLER. ✓12 n L<. tc €R ..._ Exhibit "C" to Grbble Purchase and Sale Agreement EXHIBIT C - ACKNOWLEDGMENT FOR DISPERSAL OF FUNDS Pursuant to the parties' Purchase and Sale Agreement for the Property known as King County Tax Parcel Numbers 252206-9048 and 252206-9066, located at 26204 SE Kent Kangley Road, Ravensdale, Washington 98051, executed on January 31 2017, the Seller was to remove from the Property two (2) unoccupied mobile homes, heavy equipment, a flat-bed trailer and pup-trailer, nursery supplies, scrap metal non-operating vehicles, trash, and other man-made miscellaneous materials. Buyer withheld $15,000.00 from the Purchase Price until all such materials were removed from the property. Buyer and Seller conducted a site-inspection on 2017. This written acknowledgment, signed by the parties, shall be provided to the escrow agent as evidence that the condition for removal of the materials listed above has been satisfactorily completed, and the parties authorize the escrow agent, Barry Kombol of Rainier Legal Center, to disperse the withheld $15,000 to Seller. This written acknowledgment will be called Exhibit "C" to the Purchase and Sale Agreement and will become a part of same. IN WITNESS WHEREOF, the parties hereto have executed this acknowledgment on the date set forth below. BUYER: CITY OF KENT By: Print Name: Suzette Cooke Its: Mavor Dated: SELLER: By: By: _ Print Name: Print Name: Dated: Dated: Exhibit "D,," t0 Dribble Purchase and Sale Agreement EXHIBIT "D" WHEN RECORDED RETURN TO: Property Services City of Kent 220 Fourth Avenue South Kent, Washington 98032 ATTN: Property Services Grantor(s): Gary D. Gribble and Teresa S. Gribble a married couDle Grantee: it of Kent a Washinq�n munioioal corporation _ __ Abbreviated Legal Description: n nn,H n f rho Nl rthwest niurtpr of fhp Sniithwpst niiarfpr of Section 25. Townshin 22 North Range fi East. W.M Additional Legal Description on: Pape 4 Assessor's Tax Parcel ID No(s).: 2S22nh-gn4R And J52206-9nfifi-01 Project Name,: Gribble Document Date: STATUTORY WARRANTY DEED (Individual) Gary D. Gribble and Teresa S. Gribble ("Grantors"), for and in consideration of mutual benefits derived and/or other valuable consideration receipt of which is hereby acknowledged by Grantors, convey and warrant to the City of Kent, a Washington municipal corporation ("Grantee"), for any and all municipal purposes, the following described real property situated in King County, State of Washington. SEE EXHIBIT "A" ATTACHED STATUTORY WARRANTY DEED - Page 1 of 4 GRANTOR: By: Title: STATE OF WASHINGTON ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that err D_.Gribble is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: -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. (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires STATUTORY WARRANTY DEED - Page 2 of 4 GRANTOR: By Title: STATE OF WASHINGTON ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Gribble is the person who appeared before me, and said person acknowledged that (he/she)signed this instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: -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. (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires P:\Clvll\Files\Open Flles\1666-Gribble Purchase&Sale Agreement\Statutorywarmntydeeal Dec STATUTORY WARRANTY DEED - Page 3 of 4 EXHIBIT A LEGAL DESCRIPTION Parcel A: The South half of the Northwest quarter of the Northwest quarter of the Southwest quarter of Section 25, Township 22 North, Range 6 East, W.M. in King County, Washington; Except the East 20 Peet thereof for roar!; Together with an easement for road and utility puposes per instrument recorded under King County Recording No 9808180541; Parcel B: The North half of the Northwest quarter of the Northwest quarter of the Southwest quarter of Section 25, Township 22 North, Range 6 East, W.M. in King County, Washington, Together with an easement for road and utility puposes per instrument recorded under King County Recording No. 9808180541; Situate in the County of King, State of Washington. Pege 2 �- �.,,:�, ..•, . .,:�. Exhibit "E" to Dribble Purchase and Sale Agreement. 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 Unincorporated King County. As of the effective date herein, the real estate excise tax rate is 1.78%. 2, General taxes and related charges for the year 2017 are not available from the County at this time and are not yet payable. Tax Account No.: 252206-9048-04 Levy code: 4864 Affects: Parcel A 3. General taxes and charges for the year 2016, which have been paid. Amount: $6,953.95 Tax Account No.: 252206-9048-04 Levy code: 4864 Assessed value of land: $187,000.00 Assessed value of improvements: $269,000.00 Affects: Parcel A Includes other property (County tax rolls do not appear to exclude the East 20 feet of the property) Based on the Treasurer's records, the name and address of the last taxpayer is. Gary D. and Teresa S. Gribble 26204 S.E. Kent-Kangley Rd. Ravensdale, WA 98051 4. General taxes and related charges for the year 2017 are not available from the County at this time and are not yet payable. Tax Account No.: 252206-9066-01 Levy code: 4848 Affects: Parcel B Page 5 5. General taxes and charges for the year 2016, which have been paid, Amount: $792.17 Tax Account No.: 252206-9066-01 Levy code: 4848 Assessed value of land: $45,000.00 Assessed value of improvements: $0.00 Affects: Parcel B Based on the Treasurer's records, the name and address of the last taxpayer is, Gary D. Gribble DBA J and G. Land Design 26204 S.E. Kent-Kangley Rd. Ravensdale, WA 98051 6. The Company hyas been informed that a mobile home may be situate on the land herein described and may be taxed under personal property taxes. Inquiry must be made for correct payment amount and procedure. Phone No.: 206-296-4267 Affects: Parcel A 7, 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. 8. 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: 2:00 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 2D. E-recordings: King County: Non-excise only, 3:30 pm Pierce County: 3:45 pm Snohomish County: 3:30 pm Monday through Thursday, 2:30 pm Friday NOTE: There is an additional $4.50 charge per document when E-Recording. When E- Recording documents requiring excise clearance (available in Snohomish and Pierce Counties only), checks must be made payable to "Rainier Title". Pierce County also charges an extra $0.50 for excise E-Recordings. There is a $1.00 return mailing fee for King County and Snohomish County documents and a $2.00 return mailing fee for Pierce County Documents. Page 6 Snohomish County E-Recordings are processed out of our Everett office at 2722 Colby Avenue, Suite 125. Pierce and King County E-Recordings are processed out of our University Place office at 3560 Bridgeport Way W., Suite 2D. 9. If a mobile home is located on this property, it will be excepted from the legal description and not insured by the policy unless the Certificate of Title is eliminated and the mobile home is converted to real property as required by Chapter 65.20 of the Revised Code of Washington, effective March 1, 1990. To eliminate the Certificate of Title, a "Manufactured Home Application—Title Elimination" form should be obtained from the Department of Licensing. The application must be signed by the registered and legal owners of the mobile home, the owner of the land (usually the same as the registered owner), and the city or county building permit office; approved by the Department of Licensing; and recorded. All taxes must be paid and proof of payment must be given to the department. Fees: The State of Washington Department of Licensing charges fees for processing a "Manufactured Home Application —Title Elimination" and for processing a change of ownership for a mobile home. The Department of Planning and Development Services (PDS) also charges a fee to approve any request for title elimination. Additional fees may apply. Please call your title company recorder for information regarding such additional fees. 10. Under the policy to be issued, liability will be apportioned to each parcel according to the sales price assigned to each. The company should be provided with written confirmation of the price paid for each. 11. Right, title and interest of the spouse of the vested owner, if the vested owner was married on August 18, 1998, the date the vested owner acquired title. The deed vested title in Gary Gribble, as his or her separate property. Such a recital is insufficient to overcome the community property presumption. Affects: Parcel B 12, Deed of Trust securing a Line of Credit and the terms and conditions thereof: Grantor: Gary D. Gribble and Teresa S. Gribble, husband and wife Trustee: U.S. Bank Trust Company, National Association Beneficiary: U.S. Bank National Association, N.D. Original Amount: $187,000.00 Dated: August 20, 2012 Recorded: September 13, 2012 Recording No.: 201209130,00842 Affects: Parcel A 13. We find no pertinent matters of record against the name(s) of the vested owners. 14, We find no conveyances within the last 36 months. NOTE: The Recording Nos. of the Deeds under which title is held are: 9302192330, 200,80418000148 (as to Parcel A) and 98081180540 (as to Parcel B). 15. 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 attomey-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. Page 7 X 16. Reservation of all coal and mineral& Recorded: March 27, 1905 Recording No.: 331646 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. 17, Easement and the terms and conditions thereof: Grantee: United States of America Purpose: Power transmission lines, communication lines and related structures Area affected: a portion of said premises Recorded: August 10, 1942 Recording No.: 3257251 Affects: Parcel B 18. Easement and the terms and conditions thereof: Grantee: United States of America Purpose: Transmission line Area affected: a portion of said premises Recorded: July 2, 1958 Recording No.: 4917416 Affects: Parcel A 19, Easement and the terms and conditions thereof: Grantee: United States of America Purpose: Electric power transmission lines and structures Area affected: a portion of said premises Recorded: June 1, 1960 Recording No.: 5166833 Affects: Parcel B 20. Declaration of covenants and the terms and conditions thereof, preventing certain practices in the use of that portion of the land lying within 100 feet from a well, as disclosed by instrument recorded under Recording No. 92_0.8041708. 21. Sensitive Area Notice and the terms and conditions thereof: Recorded: March 30, 1993 Recording No.: 9303302022 Affects: Parcel A 22. 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: July 8, 1993 Recording No.: 93 07081 81 8 Affects: Parcel A 23. Matters set forth by survey: Recorded: September 30, 1993 Recording No.: 9309309003 Page 8 24. Easement and the terms and conditions thereof, Purpose: Access Area affected. a portion of said premises As disclosed by: Statutory Warranty Deed Recorded August 18, 1998 Recording No.: 9808180540 25. Covenants, conditions, restrictions and easements but omitting restrictions, if any, based upon race, color, creed or national origin, imposed by instrument recorded on August 18, 1998, under Recording No. 9808180540. Affects: Parcel 8 26. Covenant to bear equal share in the cost of construction or repair of road and utility easement which was granted over adjacent property by instrument recorded under Recording No. 9808180541. 27. Matters set forth by survey: Recorded: October 26, 1998 Recording No.: 981.0269015 28, Matters set forth by survey: Recorded: July 71 1999 Recording No.: 1999070790f1Ci19 29, Covenant to bear equal share in the cost of construction or repair of road and utility easement which was granted over adjacent property by instrument recorded under Recording No. 200.1�0305000652. End of Schedule B Part II Page 9 00 �� III��U wp. . I Plll�l�llll��i uW rr I vVVVUIVI im an'...nnl W�.� a ., mm u a a+ WP P® p W up � y P �oxw n liw a III UIII IIII lul lollL im 6 l uo,n uwµww" . �i �lW �muouuw�u�ml ..III � � m m m ,«wan m wa i'e riIIIV Ij°' V IP���� I Ifi ��I tY I ° u �"'� �IIIIIII uul" �r, N IIII"'lull u ro uW•�~,a "��;„ W0V I�Tp�i "�" I IIVUIIIU �� 6 r�' OIVINVM m uu ad `,ouN'l�o �^IY °"*' ^rmi^ r",r ". r +^« •':�:.•