HomeMy WebLinkAboutPW17-082 - Original - Michael Barber - Mill Creek Reestablishment - 02/13/2017 "l
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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: Michael Barber
Vendor Number: n/a
JD Edwards Number
Contract Number: D20086 13-3002
This is assigned by City Clerk's Office
Project Flame: Mill Creek ReEstablishment
Description ❑ tnterlocal Agireement ❑ Change Order ❑ Amendment ❑ Contract
III Other, Purchase and Sale Agreement
Contract Effective Date: December 16, 2016 Termination Date:
n/a
Contract Renewal Notice (Days): n/a
Number of days required notice for termination or renewal or amendment
Contract Manager: Kathy Hardy/Dee Martindale Department: Public Works
Contract Amount: n/a
Approval Authority: ❑ Department Director ❑ Mayor ❑ City Council
Detail: (i.e. address, location, parcel number, tax id, etc.):
27246 Green River Read S., 'Kent, Wa. 98030
Parcel No. 31220 -9001 and 312205-9012
As of: 08/27/1.4
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
("Buyer"), whose mailing address is 220 &h Avenue South,, Kent, Washington
98032-5895, and Matthew Barber, sole owner ("Seller"), whose mailing address is
1025 21" St. SE, Auburn, Washington 98002, 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 312205-9001 and
312205-9012, located at 27246 Green River Road S., 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 ten business days of mutual acceptance of
this Agreement, Buyer shall deposit with Rainier Title LLC (the "Escrow Agent"),
the sum of Three Thousand and No/100th Dollars ($3,000.00) 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 Eighty Five Thousand and NO/100ths ($385,000.00), including Earnest
Money, payable on Closing.
4. CONTINGENCIES. This Agreement is contingent upon*
(a) Final Approval of all terms and conditions by Kent City Council.
7
Buyer's Znitlah-*��� Seller's Zhitial Seller's Initials�_
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(b) Buyer's receipt of Seller's information contained in the Real Property
Transfer Disclosure Statement ("Disclosure Statement") the form of
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) A feasibility study as follows-
1. Buyer shall have sixty days from the date of mutual acceptance
of this Agreement to determine, in Buyer's sole and absolute
discretion, if the Property is feasible for the purposes and uses
intended.
ii. Buyer's feasibility study may include (but is not limited to) a
Phase I and a Phase 11 environmental assessment, to determine
if the Property is feasible for the purposes and uses intended.
fli. 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 11
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
Seller's,Xnitials�
Buyer's Xhitia Seller's XhIG
CONDUCTING THIS FEASIBILITY STUDY INCLUDING A PHASE I,
AND IF NECESSARY, A PHASE 11 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 environmental
assessment, Buyer agrees to return the Property to its original
state (i.e., fill all boring holes, etc.).
(c) Approval by the Kent City Council, pursuant to Section 19 of this
Agreement.
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. The title to the
Property shall be conveyed by Seller to Buyer at Closing by Statutory Warranty
Deed, free and clear of all liens, encumbrances or defects except those described in
Schedule 13, paragraph(s) 16-18 of Title Report Number 701823RT, described in
Exhibit "C", 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
Buyer's raftfafs Seller's rn Her's Zhitials
value of or unduly interfering with Buyer's reasonable use of the Property shall be
permitted. All monetary encumbrances and special exceptions listed in Exhibit
"'C"', other than those specifically noted above, are to be removed on or before
closing.
6. TITLE INSURANCE. At Closing, Buyer shall cause Rainier Title LLC
(Escrow Agent), to issue standard coverage owner's policy of title insurance to
Buyer in an amount equal to the total purchase price of the Property. For
purposes of this Agreement, the following shall not be deemed encumbrances or
defects: rights reserved in federal patents or state deeds, building or use
restrictions consistent with current zoning and utility and road easements of
record. If title cannot be made so insurable prior to Closing, unless Buyer elects to
waive such defects or encumbrances, this Agreement shall terminate and the
Earnest Money shall be returned to Buyer.
7. CLOSING COSTS AND PRO-RATIONS. 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.
S. CLOSING OF THE SALE. WITH THE UNDERSTANDING THAT TIME IS
OF THE ESSENCE FOR THIS AGREEMENT, this sale shall be closed within ninety
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 Rainier Title LLC (Escrow Agent), 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
Seller's Znitfals�Buyer's
that all documents are executed and the sale proceeds are available for
disbursement to the Seller.
9. CASUALTY LOSS. If prior to Closing, improvements on the Property
shall be destroyed or materially damaged by fire or other casualty, this
Agreement, at option of the Buyer, shall become null and void.
10. POSSESSION AND LEASE.
Buyer shall be entitled to possession on Closing.
11. SELLER'S REPRESENTATIONS. Seller represents:
(a) that Seller will maintain the Property in present or better condition
until time of agreed possession;
(b) that Seller has no knowledge of notice from any governmental agency
of any violation of laws relating to the Property except :
12. SELLER'S ENVIRONMENTAL REPRESENTATIONS. Seller
represents that, to the best of Seller's knowledge, Seller is not aware of the
existence of, or has caused or allowed to be caused, any environmental condition
(including, without limitation, a spill, discharge or contamination) that existed as of
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.
13. SEPTIC SYSTEM. Seller represents that the Property is served by
private on-site sewage system(s), ("OSS"r).
Buyer's rnitlalvL -- Seller's rn ;4 Seller`sTnitlals�__
(b) Seller shall have the OSS inspected and, if necessary, pumped by an
OSS service company at Seller's expense. Buyer shall have the right
to observe the inspection. Seller shall provide Buyer with three days'
notice of the date and time of the inspection. Within fourteen days of
mutual acceptance, Seller shall provide Buyer with a copy of the
inspection report.
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.
IS. DEFAULT AND ATTORNEY'S FEES.
(a) Buyer's Default. If Buyer defaults hereunder, Seller's sole remedy shall
be limited to damages against Buyer in the liquidated amount of the
Earnest Money previously paid by the Buyer. Buyer and Seller intend
that said amount constitutes liquidated damages and so as to avoid
other costs and expenses to either party in connection with potential
litigation on account of Buyer's default. Buyer and Seller believe said
amount to be a fair estimate of actual damages,
(b) Seller's Default. If Seller defaults hereunder, Buyer shall have all the
rights and remedies available at law or in equity.
Buyer's rniffa4��' Seller's Initialls Seller's Initials
(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 TQ-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:
Ingrid Willms-Dixon
City of Kent
220 Fourth Avenue South
Kent, WA 98032
Email: idixon@kQDt_w%j.qoy Phone: 253-856-5519
(b) All notices to be given to Seller shall be addressed as follows:
Matthew Barber
C/O Richard D. Barber
1025 21s St'SE,
Auburn, W6s hingtion 98002 Phone:253-217-2879
(c) All notices to be given to Escrow Agent shall be addressed as follows.
Buyer's Seller's Seller's zfvtial�R_
Linda Richards
Rainier Title LLC
20435 72nd Ave. S. Bldg, 3, Ste 155
Kent, Washington 98032
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, representative 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.
21. BINDING EFFECT AND SURVIVAL. This Agreement shall be binding
upon parties hereto and their respective he�i�rjjLcessors and assigns; and the
Buyer's Xnitlal r Seller's Xhlt�a-,-s Seller's XhitialsL_
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
20V1, to accept the Agreement as written, by delivering a
signed copy thereof to the Buyer or Buyer's agent, If Seller does not so deliver a
signed copy within said period, this Agreement shall lapse and all right of the
parties hereunder shall terminate.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date set forth below.
BUYER:
CITY OF KENT
By:
PV� m e:
M.
Dated:
SELLER:
Matthew Barber
Dated:
Buyer's Xniffalg�� Seller's In Seller's Initials'
EXHIBIT A
LEGAL DESCRIPTION
EXHIBIT A
Parcel A:
Commencing at the Northeast corner of Section 31, township 22 North, Range 5 East,
W.M., in King County, Washington, and running thence West along the North line of said
Section, 878 feet;
Thence South 31006'00" East 511.0 feet;
Thence East parallel to the North line to the East line of said Section;
Thence along said East line to the place of beginning.
Parcel B:
Commencing at a point on the North line of Section 31, Township 22 North, Range 5 East,
W.M., in King County, Washington, 878 feet West of the Northeast corner of said Section,
running
Thence West along said North line 552.1 feet to the East boundary line of County road;
Thence along said East boundary line South 49°40'00" East 98.0 feet;
Thence South 42°03'00" East 174.0 feet;
Thence South 36°45'00" East 333.5 feet;
Thence South 19"32'00" East 571.2 feet;
Thence North 66047'00" East 485.14 feet;
Thence North 32006'00"West 164.0 feet;
Thence North 31'06'00" West 753.2 feet to the place of beginning.
Situate in the County of King, State of Washington.
EXHIBIT 8
SELLER'S.,.Q,l.Sj9LOSURE STATEMEKT
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__Aa9AQ S. _ , KENT, WASHINGTON, ("THE
PROPERTY'), OR AS LEGALLY DESCRIBED ON ATTACHED EXHIBIT A.
SELLER MAKES THE FOLLOWING DISCLOSURES OF EXISTING MATERIAL FACTS OR
MATERIAL DEFECTS TO BUYER BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE
PROPERTY AT THE TIME SELLER COMPLETES THIS DISCLOSURE STATEMENT. UNLESS YOU
AND SELLER OTHERWISE AGREE IN WRITING, YOU HAVE FIVE 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. r
I. SELLER'S DISCLOSURES:
DATE: /;Z-10 6 SELLER:0,2&e � ��. �r SELLER:
Seller's Disclosure Statement - Page 1 of 10
Improved
*If you answer "Yes" to a question with an asterisk (*), please explain your answer and
attach documents, if available and not otherwise publicly recorded. If necessary, use an
attached sheet.
1. TITLE
Yes [ ] No [ ] Don't know A. Do you have legal authority to sell the
property? If no, please explain.
[ ] Yes ] 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 Dq No [ ] Don't know *C. Are there any encroachments, boundary
agreements, or boundary disputes?
[ ] Yes K No [ ] Don't know *D. Is there a private road or easement
agreement for access to the property?
[ ] Yes No [ ] Don't know *E. Are there any rights-of-way, easements,
or access limitations that may affect the Buyer's
use of the property?
[ ] Yes No [ ] Don't know *F. Are there any written agreements for joint
maintenance of an easement or right-of-way?
[ ] Yes [ } No [ ] Don't know *G. Is there any study, survey project, or
notice that would adversely affect the property?
[ ] Yes No [ ] Don't know *H. Are there any pending or existing
assessments against the property?
[ ] Yes Jc] 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 .[,t] No [ ] Don't know *J. Is there a boundary survey for the
property?
[ ] Yes KNo [ ] Don't know *K. Are there any covenants, conditions, or
restrictions recorded against the property?
DATE: /7 W ly,2 SELLER:j9,&".R. -.&,-- SELLER:
Seller's Disclosure Statement - Page 2 of 10
Improved
I t
2. WATER
A. Household Water
(1) The source of water for the property is:
[ ] Private or publicly owned water system
XPrivate well serving only the subject
Property
*[ ] Other water system
[ ] Yes [ ] No [ ] Don't know * If shared, are there any written agreements?
[ ] Yes [ J No Don't know *(2) Is there an easement (recorded or
unrecorded) for access to and/or maintenance of
the water source?
[ ] Yes [ ] No Don't know *(3) Are there any problems or repairs
needed?
�}Yes ( ] No [ ] Don't know (4) During your ownership, has the source
provided an adequate year-round supply of
potable water? If no, please explain.
[ ] Yes J No [ ] Don't know *(5) Are there any water treatment systems
for the property? If yes, are they [ ] Leased
[ ] Owned.
[ ] Yes [ ] No (kJ 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 [ ] No [ ] Don't know (b) If yes, has all or any portion of the
water right not been used for five or more
successive years? (If yes, please explain)-
*(7) Are there any defects in the operation of
the water system (e.g. pipes, tank, pump, etc.)?
(If yes, please explain)
B. Irrigation Water
[ ] Yes [ J No [x] Don't know (1) Are there any irrigation water rights for r
the property, such as a water permit, certificate,
or claim?
[ ] Yes [ ] No [ ] Don't know *(a) If yes, has all or any portion of the
DATE: SELLER: Ma7y/<cw .�. L�c. � SELLER:
Seller's Disclosure Statement - Page 3 of 10
Improved
water right not been used for five or more
successive years?
[ ] Yes [ ] No [ ] Don't know *(b) If so, is the certificate available? (If
yes, please attach a copy.)
[ ] Yes [ ] No [ ] Don't know *(c) If so, has the water right permit,
certificate, or claim been assigned,
transferred, or changed? If so, explain:
[ ] Yes �],No [ ] Don't know *(2) Does the property receive irrigation water
from a ditch company, irrigation district, or other
entity? If so, please identify the entity that
supplies irrigation water to the property:
C. Outdoor Sprinkler System
[ ] Yes _.4,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 [ J Don't know *(3) If yes, is the sprinkler system connected
to irrigation water?
3. SEWER/SEPTIC SYSTEM
A. The property is served by:
[ ] Public sewer system
m.On-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.
[ ] Yes [ ] No [ ] Don't know *C. Is the property subject to any sewage
system fees or charges in addition to those
covered in your regularly billed sewer or on-site r
sewage system maintenance service?
D. If the property is connected to an on-
site sewage system:
DATE:/Zyu /L SELLER: R, / LLER:
Seller's Disclosure Statement - Page 4 of 10
Improved
[] Yes [] No M-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:
[ ] Yes [ ) No [¢Don't know *(3) Are there any defects in the
operation of the on-site sewage system?
Don't know. (4) When was it last inspected?
By whom:
[A 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 G] No [ ) Don't know *H. Does the on-site sewage system require
monitoring and maintenance services more
frequently than once a year? If yes, please
explain:
NOTICE: IF THIS RESIDENTIAL REAL PROPERTY DISCLOSURE STATEMENT IS BEING
COMPLETED FOR NEW CONSTRUCTION WHICH HAS NEVER BEEN OCCUPIED, THE SELLER
IS NOT REQUIRED TO COMPLETE THE QUESTIONS LISTED IN ITEM 4. STRUCTURAL OR
ITEM 5. SYSTEMS AND FIXTURES.
4. STRUCTURAL
[ ] Yes [yr]_No [ ] Don't know *A. Has the roof leaked?
Yes [ ] No [ ] Don't know *B. Has the basement flooded or leaked?
r
[ ] Yes [ ] No Don't know *C. Have there been any conversions,
additions, or remodeling?
[ ] Yes [ ] No [ ] Don't know *(1) If yes, were all building permits
obtained?
DATE:/Z-Ltd' -jQ SELLER:6 !�1�ir, SELLER:
Seller's Disclosure Statement - Page 5 of 10
Improved
I i
t
[ ] Yes [ ] No [ ] Don't know *(2) If yes, were all final inspections
obtained?
WYes [ ] No [ ] Don't know D. Do you know the age of the house? If
yes, year of original construction:IgIt car 1�17—
[ J Yes �Alo [ ] 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 ❑ Exterior Walls
❑ Chimneys Interior Walls ❑ Fire Alarm
❑ Doors Windows ❑ Patio
❑ ceilings ❑ Slab Floors ❑ Driveways
❑ Pools ❑ Hot Tub ❑ Saunas
❑ Sidewalks ❑ Outbuildings ❑ Fireplaces
❑ Garage Floors ❑ Walkways ❑ Siding
❑ Other ❑ Wood Stoves
[ ] Yes [ ] No K—Don't know *G. Was a structural pest or"whole house"
inspection done? If yes, when and by whom was
the inspection completed?
[ ] Yes KNo [ ] Don't know H. During your ownership, has the property
had any wood destroying organism or pest
infestation?
[ ] Yes [9�No [ ] Don't know I. Is the attic insulated?
[ ] Yes T2 ,No [ ] Don't know J. Is the basement insulated?
S. 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.
G� 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.
r
[ ] Yes -K No [ ] Don't know • Hot water tank
[ ] Yes �&No [ ] Don't know • Garbage disposal
DATE:D_-10- Ok SELLER: 411 B. SELLER:
Seller's Disclosure Statement - Page 6 of 10
Improved
[ ] Yes [4 No [ ] Don't know • Appliances
[ ] Yes No [ ] Don't know • Sump pump
,[,G] `Yes [ ] No [ J Don't know • Heating and cooling systems
[ ] Yes PVo [ ] 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 fFA No [ ] Don't know (1) Woodstove?
[ ] Yes [ No [ ] Don't know (2) Fireplace insert?
[ ] 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?
6. HOMEOWNERS' ASSOCIATION/COMMON INTERESTS
[ ] Yes Plo [ ] 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 1r
is not publicly available.
DATE: SELLER: ` —SELLER:
Seller's Disclosure Statement - Page 7 of 10
Improved
[ ] Yes ; ]-AJo [ ] Don't know B. Are there regular periodic assessments:
$ per [ ] Month [ ] Year
[ ] Other
[ ] Yes "P"o [ ] Don't know *C. Are there any pending special
assessments?
[ ] Yes H No [ ] Don't know *D. Are there any shared "common areas" or ,..�.
any joint maintenance agreements (facilities such
as walls, fences, landscaping, pools, tennis
courts, walkways, or other areas co-owned in
undivided interest with others)?
7. ENVIRONMENTAL
[ ] Yes [b"o [ ] Don't know *A. Have there been any flooding, standing
water or drainage problems on the property that
affect the property or access to the property?
[ ] Yes [ ] No r7Mon't know *B. Does any part of the property contain fill
dirt, waste or other fill material?
[ ] Yes No [ ] Don't know *C. Is there any material damage to the
property from fire, wind, floods, beach
movements, earthquake, expansive soils, or
landslides?
[ ] Yes [ ] No [,+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 P9-No [ ] Don't know *F. Has the property been used for
commercial or Industrial purposes?
[ ] Yes [ ] No V -Don't know *G. Is there any soil or groundwater
contamination?
[ ] Yes [ ] No . 4 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?
r
-Yes [ ] No [ ] Don't know *I. Has the property been used as a legal or
illegal dumping site?
[ ] Yes [ ] No M-Don't know *J. Has the property been used as an illegal
drug manufacturing site?
DATE: Z/ SELLER: lU-f4--`-' A- 8�✓��� SELLER:
Seller's Disclosure Statement - Page 8 of 10
Improved
[ ] Yes [ ] No' r;7t9on't know *K. Are there any radio towers in the area
that may cause interference with cellular
telephone reception?
S. MANUFACTURED AND MOBILE HOMES
If the property includes a manufactured or mobile home,
[ ] Yes ' Pao [ ] Don't know *A. Did you make any alterations to the
home? If yes, please describe the alterations:
[ ] Yes [p?,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?
9. FULL DISCLOSURE BY SELLERS
A. Other conditions or defects:
[ ] Yes [ ] No -,Don't know *Are there any other existing material defects
affecting the property that a prospective buyer
should know about?
B. Verification:
The foregoing answers and attached explanations
(if any) are complete and correct to the best of
my/our knowledge and I/we have received a
copy hereof. I/we authorize all of my/our real
estate licensees, if any, to deliver a copy of this
disclosure statement to other real estate
licensees and all prospective buyers of the
property.
r
DATE:IZ-16-/6 SELLER:W.-�' Aj, j APB SELLER:
Seller's Disclosure Statement - Page 9 of 10
Improved
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.
11. BUYER'S ACKNOWLEDGMENT
A. Buyer hereby acknowledges that: Buyer has a duty to pay diligent attention to any
material defects that are known to Buyer or can be known to Buyer by utilizing diligent
attention and observation,
B. The disclosures set forth in this statement and in any amendments to this statement
are made only by the Seller and not by any real estate licensee or other party.
C. Buyer acknowledges that, pursuant to RCW 64,06.050(2), real estate licensees are
not liable for inaccurate information provided by Seller, except to the extent that real estate
licensees know of such inaccurate information.
D, This information is for disclosure only and is not intended to be a part of the written
agreement between the Buyer and Seller.
E. Buyer (which term includes all persons signing the "Buyer's acceptance" portion of
this disclosure statement below) has received a copy of this Disclosure Statement (including
attachments, if any) bearing Seller's signature,
DISCLOSURES CONTAINED IN THIS DISCLOSURE STATEMENT ARE PROVIDED BY SELLER
BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME SELLER
COMPLETES THIS DISCLOSURE STATEMENT. UNLESS BUYER AND SELLER OTHERWISE
AGREE IN WRITING, BUYER SHALL HAVE THREE BUSINESS DAYS FROM THE DAY SELLER
OR SELLER'S AGENT DELIVERS THIS DISCLOSURE STATEMENT TO RESCIND THE
AGREEMENT BY DELIVERING A SEPARATELY SIGNED WRITTEN STATEMENT OF RESCISSION
TO SELLER OR SELLER'S AGENT, YOU MAY WAIVE THE RIGHT TO RESCIND PRIOR TO OR
AFTER THE TIME YOU ENTER INTO A SALE AGREEMENT.
BUYER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS DISCLOSURE STATEMENT
AND ACKNOWLEDGES THAT THE DISCLOSURES MADE HEREIN ARE THOSE OF THE SELLER
ONLY, AND NOT OF ANY REAL ESTATE LICENSEE OR 0 HER PARTY.
DATE: 1-5 BUYER BUYER:
BUYER'S WAIVER OF RIGHT TO RECEIVE COMPLETED SELLER DISCLOSURE STATEMENT
Buyer has been advised of Buyer's right to receive a completed Seller Disclosure Statement,
Buyer waives that right. However, if the answer to any of the questions in the section
�entitled "Environmental" would be "yes," Buyer may not waive: the receipt of the
"Environmental" section of the Seller Disclosure Statement.
DATE: BUYER BUYER
DATE: Z-10 47 SELLER: A R B,,4 SELLER:
Seller's Disclosure Statement - Page 10 of 10
Improved
EXHIBIT C
SCHEDULE B OF TITLE REPORT
SCHEDULE B
PART I
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 Y2" 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 3
Order Number: 701823RT
SCHEDULE B
PART II
General Exceptions:
Schedule B Exceptions appearing in ALTA Owner's Policy (6117106)—Standard Coverage and ALTA
Loan Policy(6117106)—Standard Coverage:
1. Taxes or assessments which are not shown as existing liens by the public records.
2. (i) 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(6117106)—Extended Coverage:
1. Taxes or assessments which are not shown as existing liens by the public records.
2. (i) 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 (6117106) and ALTA Homeowner's Policy Of
Title Insurance (02103/10)
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 4
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. Delinquent general taxes and charges:
Year: 2015
Amount billed: $1,469.35
Amount paid: $734.68
Amount unpaid: $734.67, plus interest and penalties
Tax Account No.: 312205-9012-09
Affects: Parcel A
3. Delinquent general taxes and charges:
Year: 2016
Amount billed: $1,479.59
Amount paid: $0.00
Amount unpaid: $1,479.59, plus interest and penalties
Tax Account No.: 312205-9012-09
Levy code: 5040
Assessed value of land: $107,000.00
Assessed value
of improvements: $0.00
Affects: Parcel A
4. Delinquent general taxes and charges:
Year: 2015
Amount billed: $6,069.28
Amount paid: $3,034.64
Amount unpaid: $3,034.64, plus interest and penalties
Tax Account No.: 312206-9001-02
Affects: Parcel B
5. Delinquent general taxes and charges.-
Year: 2016
Amount billed: $6,056.51
Amount paid: $0.00
Amount unpaid: $6,056.51, plus interest and penalties
Tax Account No.: 312205-9001-02
Levy code: 5040
Assessed value of land: $244,000.00
Assessed value
of improvements: $161,000.00
Affects: Parcel B
Page 5
6. The matters relating to the questions of survey, rights of parties in possession, and
unrecorded liens for labor and material have been cleared for the loan policy which,
when issued, will contain the ALTA 9.3-06 Endorsement.
7. 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 $4.00 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.
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.
8. 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.
9. 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 one parcel is vacant land and both parcels are over 2 acres. The ALTA
Owner's Policy as identified in Schedule A hereof will be issued.
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.
Page 6
11. Judgment entered in King County Superior Court:
Against: Matthew J. Barber and Alicia A. Barber
In favor of: Horizon Realty Advisors
Amount: $2,869.49, together with interest, costs and attorney fees,
if any
Entered: March 6, 2015
Judgment No.: 15-9-04922-0
Cause No.: 15-2-05595-0
Attorney for creditor: Puckett& Redford
NOTE: The judgment referred to in Paragraph 11 creates a lien on the premises only if
Matthew Barber is the same person as the judgment debtor. Further, the lien of said
judgment depends upon compliance with homestead exemption laws provided by
Chapter 6.13 RCW.
To determine the effects of this matter, if any, on the subject property, the company must
be provided with a properly completed identity affidavit prior to the date of recording.
After the company examines the affidavit, a supplemental report will be issued.
12. We note that Quit Claim Deed recorded under Recording No. 20140325000299 contains
an error in the legal description, which includes an additional metes and bounds already
noted. Any instrument drawn in connection with this transaction must use the legal
description as shown in Schedule A herein.
13. The following conveyances were recorded within the last 36 months:
Quit Claim Deed recorded under Recording No. 20140325000299;
14. 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.
15. 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.
16. 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: November 29, 1976
Recording No.: 7611290486
17. 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 29, 1981
Recording No.: 8107290675
18. Agreement and the terms and conditions thereof:
Recorded: April 25, 1986
Recording No.: 8604250343
Regarding: Well Maintenance
Page 7
19. Notwithstanding Paragraph No. 4 of the insuring clauses of the policy, the policy does
not insure against loss arising by reason of any lack of a right of access to and from the
land.
Affects: Parcel A
End of Schedule B Part II
Page 8
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