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HomeMy WebLinkAboutPW17-082 - Original - Michael Barber - Mill Creek Reestablishment - 02/13/2017 "l f cords ern ENT Document Wh9HINOTGf9 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�_ *1-- ^�{f' <,(•_���` ��} {i• 1 .lt,• 2��'6f,!°e'�r 4is 1:. �.-.a...=f..��>r.'' i. {, t'"v'..w�.w'N.c.a�..�. i`^_ ! _�•_' .i" .4{: ''r -!-'�. ''S ^+�+.S.I+:,`2 tit i 7+?s) � { • :.J. ., _,,.,..A.. , s,•.,.>Y',� 1 �'.�,.y� f �lj.T•:. _ ip� � : .. ".e. � "�,.'.,�rC.f3.,5:. rr a .lf. `; •.1t �h.,i if it ;,j•�:) a; t.�i% „JLr- (ia ,. '. •' t. !'fii� :�-„ { Fr1 ."IZ l le: ^ ._� Yi*•':r7+^gip.r`J�'. YZ'". � .. .. ._.. _,' 4 .. •. -. ' C�'.f�.!:o.� 1 t._7i:T.. ,.,��_ -�:,:'S `,�.i..•�7.ti :'.e Tif..sw4F � t�ilrJ-t•4 `��'•'� '7f'"'� y�' .•3•^., y .. r r .. L!")�t � . . �.�`'•. a to r :i?�'r xr�;�F`f�'�'''f-+ _]a3st- :.. J .l:_i, ...N":r i�.?'cis{:+f`f�('•.� 11..�:•3� e.3 ryvi � f .'�..+ :ti-. ; T�°�'�''. fx w'{ .•J, I da Nor ,-T Z gpi'QtL•'S A., ,:lrk•<3 •_�tc�{,. ,t�j>'�{'a. .r. a-s L,.T _ '.>"� [^`" . - i..i 3:.}�= ..�}: Sl i +:t�i l�G:?• Vi of, : AI r k.:?..Sc- . . .r' ':'�{••:_.f#'S�.�r z>-... t.' ir• ,•f�. it.�:�.: L�l 7�F:? ��_rY•ti'j• `Tiee^+:iylf+'t,y.t s. - . ,, 'r:.' .. ` .�t:cGf`��-'Ci i.: v -,;..`3'-``•r.; � _....?4L•:.4�s�Yi:: !,�t ii.2��. va (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 / / / / / / / / r r / / f � r , / / f / / / i , / / � r / r / I . / r go rI , / r l r I / / / / / l / r r / / / r / / / / / 1 / r / / / o/ / f / / I // i / / / r r / / / / / 7 / / l / / / / / / / / / r r, / / / / // / � f I 1 J 1 / I r r r r n / a I r � r r r ! o / / f l I / / r l r / l 1 / 1 err / l � l / 1 0 f / � t , / b l � r l I rl r � / l l / 9 f / / l I / / � / r