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CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to the City Clerk's Office. All portions are to be completed.
If you have questions, please contact the City Clerk's Office at 253-856-5725..
Vendor Name: David L. Beall
Vendor Number:
JD Edwards Number
Contract Number: N
This is assigned by City Clerk's Office
Project Name: Closing Documents for Ball Proeprty at 324 1/2 Naden Ave S.
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract
Other: Purchase and Sale Agreement
Contract Effective Date: 1211/201.6 Termination Gate: N/A
Contract Renewal Notice (bays):
Number of days required notice for termination or renewal or amendment
Contract Manager: T. Brubaker Department: Law
Contract Amount: $300,000
Approval Authority; F-1 Director Z Mayor ® City Council 12113117 Meeting Date
Detail: (i.e. address, location, parcel number, tax id, etc.):
4001� REQUEST FOR MAYOR'S SIGNATURE
KENT Print on Cherry-Colored Paper
Routing Information:
(ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Approved by Director�__
Originator: Cheryl Roldk-Wilcox Phone (Originator): x577 1
Date Sent: 2/28/17 Date Required: 2/28/17
Return Signed Document to: Cheryl Rolcik-Wilcox Contract Termination Date: n/a
VENDOR NAME: Date Finance Notified,
w (Only required on contracts n/a First American Title Insurance for David L. Sall escro d over or on any Grant)
DATE OF COUNCIL APPROVAL: 12/13/16 Date Risk Manager Notified:n/a
(Required on Non-City Standard Contracts/Agreements)
Has this Document been Specificalllg Account Number: n/a
Authorized in the Budget? QYES NO
Brief Explanation of Document:
Closing documents for purchase of property from David L. Ball at 324 1/2 Naden Ave.
S.
h tUAt7C1nVrz=Wst Be Routed Through The Law Department
aw Dep rtm
Received: FEB 2 8 2-0. 17 (This area t b completed byj�025t I en
Approval of Law De t
Law De,<Wch9en[SA- 'W- DEP;
Date Forwarded' to Ma or:
Shaded Areas To Be Completed By Administration Staff
Received:
Recommendations and Comments:
t
vo
Disposition: FEB
Date Returned: Z.CityOf-
eq—tl na ay.r. .9-- V
r
American Land Title Association ALTA Settlement Statement—Buyer
Adopted 05-01-2015
File No.: 2394956A First American Title Insurance Company
Printed: 02/27/2017,4:12 PM
Officer/Escrow Officer: Stephanie 800 Bellevue Way NE,Suite 300•Bellevue,WA 98004
Cohen/SC Phone:(425)201 4550 Fax:(866)233-5179 i� RrstAmerkan
Settlement Location: Estimated Settlement Statement �w
800 Bellevue Way NE,Suite 300,Bellevue,
WA 98004
Property Address: 324 1/2 Naden Avenue South,Kent,WA 98032
Buyer: City of Kent,a municipal corporation
Seller: David L.Ball
Lender:
Settlement Date: 02/28/2017
Disbursement Date:
Buyer
Description Debit Credit
Financial
Sale Price 300,000.00
Deposit: Receipt No.420396647 on 02/22/2017 by City of Kent,a municipal corporation 10,000.00
Prorations/Adjustments
County Taxes 02/28/17 to 07/01/17 @$746.74/yr 251.64
Title Charges&Escrow/Settlement Charges
Polity:ALTA Owners-2006 STD $1,160.00 Sales Tax:$111.36 to First American Title Insurance 1,271.36
Company
Escrow/Closing Fee $1,400.00 Sales Tax:$133.00 to First American Title Insurance Company
Government Recording and Transfer Charges
Record Warranty Deed-First to King County Recorder's Office 75.00
Subtotals 301,598.00 10,000.00
Due From Buyer 291,598.00
Totals 301,598.00 301,598.00
Our wire instructions do not change. If you receive an email or other communication that appears to be from us and
contains revised wiring instructions,you should consider it suspect and you must call our office at an independently
verified phone number. Do not inquire with the sender.
Copyright 2015 American Land Title Association. File#2394956A
All rights reserved Page 1 of 2 Printed on 0 2/2 7120 1 7 at 4:12 PM
Acknowledgement
We/I have carefully reviewed the Estimated ALTA Settlement Statement and find it to be a true and accurate
statement of all receipts and disbursements to be made on my account or by me in this transaction and further certify
that I have received a,copy of the Estimated ALTA Settlement Statement.This Estimated Settlement Statement is
subject to changes, corrections or additions at the time of final computation of Escrow Settlement Statement. We/I
authorize First American:Title Insurance Company to cause the funds to be disbursed in accordance with the Final
ALTA Settlement Statement to be provided to me/us at closing.
Buyer(s):
City of Kent, a municipal corporation
Copyright 2015 American Land Tide Association. File tt 2394956A
A8 rights reserved Page 2 of 2 Printed on 02/27/2017 at 4:12 PM
<< First American Title Insurance Company
800 Bellevue Way NE,Suite 300
First American Bellevue,WA 98004
(425)201-4550
INCOMING DOMESTIC WIRE INSTRUCTIONS
Beware of cyber-crime! If you receive an e-mail or any other communication that appears to be
generated from a First American Title Insurance Company employee that contains new, revised or altered
bank wire instructions, consider it suspect and call our office at a number you trust. Our bank wire
instructions seldom change.
Funds from other than buyer or seller: Other than funds from a designated lender, real estate agent
or broker, or the attorney of record, we will only accept incoming wires that are from the buyer or seller
on a transaction. Other third party deposits not accompanied by appropriate instructions will be returned
to the remitter.
Funds from a U.S. Bank: Funds should be wired from a bank within the United States. Notify our
office at(425)201-4550 when you have transmitted your wire.
Funds from a non-U.S. Bank: If your funds are being wired from a non-U.S. bank, additional charges
may apply. Contact our office for Incoming International Wiring Instructions.
ACH Transfers are NOT wire transfers: An ACH transfer is not immediately available funds and
requires additional time for clearance. An ACH transfer cannot be accepted for an imminent closing.
Acceptance of ACH transfers are subject to state law. Contact our office at(425)201-4550 prior to
sending funds by ACH transfer.
Contact our office at (425)201-4550 when funds are sent.
PAYABLE TO: First American Title Insurance Company
BANK: First American Trust, FSB
ADDRESS: 5 First American Way, Santa Ana, CA 92707
ACCOUNT NO.: 3008760000
ROUTING NUMBER: 122241255
PLEASE REFERENCE THE FOLLOWING:
PROPERTY: 324 1/2 Naden Avenue South, Kent, WA 98032
FILE NUMBER: 2394956A (SC)
FIRST AMERICAN TRUST, FSB CONTACT INFO: Banking Services(877)600-9473
WIRES MAY BE RETURNED IF THE FILE NUMBER
AND PROPERTY REFERENCE ARE NOT INCLUDED
Version 1.0 April 2016
First American Title insurance Company
First American 800 Bellevue Way NE,suite 300
Bellevue,WA 98004
Phn- (425)201-4550 (800)926-1110
Fax- (866)233-5179
escrow.belPevue.wa@firstam.com
DISCLOSURE TO THE PARTIES
UNDER APR 12
Dated: February 27, 20�17 File No.: 2394956A (SC)
IN ACCORDANCE WITH THE REQUIREMENTS OF A.P.R. 12 OF THE SUPREME COURT OF THE STATE
OF WASHINGTON, FIRST AMERICAN TITLE INSURANCE COMPANY AND THE LIMITED
PRACTICE OFFICER SPECIFIED BELOW HAVE THE DUTY TO INFORM YOU OF THE FOLLOWING:
1, The Limited Practice Officer is not acting as the advocate or representative of either of the parties;
2. The Limited Practice Officer will prepare documents which affect the legal rights of both parties;
1 The parties may have differing interest in the documents;
ZL The parties have the right to be represented by lawyers of their own selection and each party may
have a separate lawyer;
S. The Limited Practice Officer cannot give legal advice to the parties concerning the manner in which
the documents affect those parties,
The Limited Practice Officer is only permitted to select and complete documents which have been approved by
the Limited Practice Board in accordance with a written Purchase and Sales Agreement which contains all of the
basic terms of the transaction. The Limited Practice Officer is not permitted to negotiate terms which are not
included in the written Purchase and Sales Agreement.
In this transaction your Limited Practice Officer is: Stephanie Cohen
FIRST AMERICAN TITLE INSURANCE COMPANY
By: (f5
Stephanie Cohen, LP,O No. WA, 3148
Please acknowledge receipt of the foregoing Notice of Compliance with A.P,R.12 andl that you have read the
same by signing your name(s) to the copy of this Notice on the signature line(s) below.
I have received and read a copy of the Disclosure, and understand its,contents this day
of 20_.
City of Kent, a
municipal
corporation
David L, Ball
pont American Title insurance Company
FirstAmerican` - mmmglevue Way NE,Suitez00
Bellevue,wmsnun
rxn (425)201-455 (800)926-1110
Fax (866)233-soo
esmm.og/m"o.wm@nmmmzum
ATTACHMENT TO DISCLOSURES TO THE PARTIES UNDER APR 12
Date: 02/27/2017 File No.: 7394956A (SC)
THE FOLLOWING DOCUMENTS INITIALED HAVE BEEN SELECTED AND PREPARED BY THE LIMITED PRACTICE OFFICER.
��� EXCISE TAX AFFIDAVIT
SUPPLEMENTAL EXCISE TAX AFFIDAVIT
LPB 1O STATUTORY WARRANTY DEED
LPB 11 WARRANTY FULFILLMENT DEED
��� LPB 12 QUIT CLAIM DEED
LPB 13 DEED & SELLER'S ASSIGNMENT OF REAL ESTATE CONTRACT
LPB 14 DEED & PURCHASER'S ASSIGNMENT OFCONTRACT
LPB 15 BARGAIN AND SALE DEED
LPB 16-O9 SPECIAL WARRANTY DEED
LPB 20 DEED OF TRUST(SHORT FORM)
LPB 21 ASSIGNMENT OF DEED OFTRUST
LPB 22 DEED OF TRUST(LONG FORM)
LPB 22A DEED DF TRUST WITH DUE ON SALE AND DUE DATE
LPB 23 REQUEST FOR FULL RECONVEY4N[E
LPB 24 REQUEST FOR PARTIAL RECONVEYANCE
LPB 28A PROMISSORY NOTE
LPB Z9 REQUEST FOR NOTICE
LPB 30 BILL OF SALE
LPB35 SUBORDINATION AGREEMENT
LPB 44 REAL ESTATE CONTRACT(RESIDENTIAL SHORT FORM)
LPB 45 REAL ESTATE CONTRACT(LONG FORM)
LPB 5O MORTGAGE (STATUTORY FORM)
LPB 51 SATISFACTION [)FMORTGAGE
LPB S2 PARTIAL RELEASE OFMORTGAGE
LPB 6O RELEASE 8FLIEN
LPB 61 PARTIAL RELEASE {}FLIEN
LPB 62 SATISFACTION OF JUDGMENT
INITIALS:
First American ritle Insurance Company
First m rican 800 Bellevue Way NE,Suite 300
Bellevue,WA 98004
Phn- (425)201-4550 (800)926-1110
Fax- (866)233-5179
escrow.bellevue.wa@firstam.com
ATTACHMENT TO DISCLOSURES TO THE PARTIES UNDER APR 12 continued
Date: February 27, 2017 File No.: 2394956A (SC
LPB 63 PARTIAL RELEASE OF JUDGMENT
LPB 64 WAIVER OF LIEN
LPB 65 PARTIAL WAIVER OF LIEN
LPB 70 SPECIAL POWER OF ATTORNEY (SALE)
LPB 71 SPECIAL POWER OF ATTORNEY (PURCHASE/ENCUMBER)
LPB 72S CONSUMER USE TAX RETURN (DEPARTMENT OF REVENUE)
LPB 72 USE TAX RETURN
LPB 73 PERSON PROPERTY SECURITY AGREEMENT
LPB 74 PERSONAL REPRESENTATIVE DEED
AUDITOR'S COVER SHEET
UCC
UCC
UCC
DEPARTMENT OF LICENSING FORMS
LENDER LOAN DOCUMENTS THAT ARE APPROVED AND DESIGNED FOR USE BY THE SECONDARY
MORTGAGE MARKET INCLUDING NOTES, DEEDS OF TRUST AND RIDERS, ASSIGNMENT OF
MORTGAGE, ASSIGNMENT OF REVERSE ACCOUNT FUNDS, DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT DOCUMENTS, THE LIMITED PRACTICE OFFICER DID NOT PREPARE TRUTH-IN-
LENDING DISCLOSURE.
FMHA LOAN DOCUMENTS
INITIALS:
+ "`•+ First American Title Insurance Company
* First American 800 Bellevue Way NE,Suite 300
Bellevue,WA 98004
Phn- (425)201-4550 (800)926-1110
Fax- (866)233-5179
escrow.bellevue.wa@firstam.com
ESCROW INSTRUCTIONS
IMPROVED PROPERTY
Buyer: City of Kent, a municipal corporation
Seller David L. Ball
Title Commitment: Title commitment number 2394956A dated
Escrowee: First American Title Insurance Company
Escrow Officer: Stephanie Cohen
Property: The real property described in the Title Commitment
Property Address: 324 1/2 Naden Avenue South, Kent, WA 98032
Please read this document carefully. It requires the use of individual arbitration to resolve disputes
instead of jury trials or class actions.
A. Instruction To Close
Escrowee has been provided a copy of the Purchase and Sale Agreement dated December 01, 2106 and/or other
documents, agreements and addenda which constitute Seller's agreement to sell the Property to Buyer
(collectively, the "Purchase Agreement"). Buyer and Seller instruct Escrowee to act as an independent third party
to close the purchase and sale of the Property (the "Transaction") in accordance with the Purchase Agreement
and these instructions. In the event there is a variance between:
(1) the terms of the Purchase Agreement; and
(2) the final terms of the Transaction as evidenced by the documents delivered under these or
other instructions, and the closing statements agreed to by the parties,
then Escrowee shall close the Transaction in accordance with the items described in (2) above.
Buyer and Seller acknowledge and agree that: (a) all terms and conditions of the Purchase Agreement have been
met, waived, or satisfied, or will be resolved outside of escrow and they are no longer to be considered as
conditions to this closing; (b) Escrowee shall not be responsible for such terms and conditions; (c)Seller's
Disclosure Statement required under Title 64 of the Revised Code of Washington URCW")will be
delivered or waived outside of escrow and is not to be considered a condition of closing;andtd)
Escrowee will not read nor have any responsibility or liability whatsoever for the matters contained
in Seller's Disclosure Statement.
S. Title Commitment
Buyer and Seller acknowledge they have received a copy of the Title Commitment and have examined the legal
description contained therein and acknowledge it is a full and correct description of the real property that is the
subject of this Transaction.
C. Escro wee'F Preparation of Documents
In performing its duties under these instructions, Escrowee may select, prepare and complete certain documents
including, but not limited to, deeds and deeds of trust. Escrowee advises Buyer and Seller to consult their own
attorney prior to signing these documents.
Page 1 of 7
First American Title Insurance Company File No.: 2394956A(SC)
Date: February 27, 2017
Buyer and Seller acknowledge that:
1) These documents may substantially affect their legal rights;
2) Escrowee is not licensed to practice law;
3) Neither Escrowee nor its employees are permitted to offer legal advice of any nature, nor
have they done so;
4) Neither Escrowee nor its employees are permitted to offer advice as to the merits of a
transaction or the manner in which title is held, nor have they done so.
D. Delivery of Documents and Funds bySe/%r
Seller has or will deposit with Escrowee the documents identified below relating to the Property. Any deed(s)will
list the grantee(s) as City of Kent, a Washington municipal corporation. Escrowee shall record, file, release
and/or deliver such documents when Escrowee has deposited all necessary funds and all other pre-requisites to
closing have been satisfied.
[ ] Warranty Deed [ x ] Excise Tax Affidavit
[ ] Bill of Sale [ ] Real Estate Contract(to be jointly executed by Buyer)
[ ] Deed in fulfillment of said Contract(To be returned to seller's possession on dosing)
[ x] Additional Documents: Quit Claim Deed
If necessary, Seller has or shall deliver to Escrowee such funds as are required to close the Transaction.
Escrowee is instructed to provide a certification that Seller is not a "foreign person" within the meaning of the
Foreign Investment in Real Property Tax Act("FIRPTA"). Seller shall sign this certification. If Seller is a foreign
person, and this transaction is not otherwise exempt from FIRPTA, Escrowee is instructed to withhold and pay the
required amount to the Internal Revenue Service.
E. Payment of Encumbrances and Seller Charges
Seller authorizes Escrowee to pay all encumbrances (except those to be excepted from coverage in the title
insurance policy) and all other disbursements and charges shown on the estimated closing statement which Seller
signs contemporaneously with these instructions. If there are underlying encumbrances being paid off which
require the obtaining of a Fulfillment Deed, Reconveyance, Release or Satisfaction (collectively, a "Release
Document"), Escrowee shall pay the demand of the appropriate party and obtain and record such Release
Document. Seller approves payment of the amount of the demand, including interest and/or penalties and late
charges, as shown on the closing statement, even if Escrowee has not been able to obtain written verification of
the amount claimed as due. In the event the final written demand is higher than that shown on the closing
statement, Escrowee shall have the option to either(a) deduct the shortfall from any of Seller funds held by
Escrowee; or(b) demand that Seller immediately pay the shortfall into this escrow, which Seller agrees to do.
Seller acknowledges that:
(1) the payoff figures on existing encumbrances may accrue daily interest;
(2) existing encumbrances are not considered paid in full until sufficient payoff funds are
received by the party entitled thereto;
Page 2 of 7
First American Title Insurance Company File No.: 2394956A(SC)
Date: February 27, 2017
(3) Escrowee's payment of the encumbrance will include interest through the date of anticipated
receipt of funds by the party entitled thereto, plus such extra interest as Escrowee deems
appropriate to ensure sufficient funds are delivered. Escrowee shall instruct the party being
paid to promptly remit any excess funds directly to Seller; and
(4) Escrowee may transmit documents, payoffs, checks, letters and communications by regular
service through the U.S. Mail, private carrier, personal delivery, telephone, or wire or wireless
electronic transmission or transfer. If items are deposited in the U.S. Mail system a minimum
of five(5) working days before any deadline, Escrowee shall be relieved and discharged of
any and all liability, and the obligated principal shall indemnify Escrowee against any and all
claims resulting therefrom, and if additional funds are needed to satisfy these claims, the
obligated principal shall deposit same promptly.
F. Delivery of Documents and Funds by Buver
Buyer has deposited with Escrowee the sum of$10,000.00, in U.S. funds as earnest money. Buyer(and/or
Buyer's lender) have or shall deliver to Escrowee such additional funds as are required to close the Transaction.
Buyer has or will deliver to Escrowee such documents as may be required of them to close the Transaction.
Escrowee shall disburse the funds when Escrowee: (a) has recorded the necessary conveying document and/or
such other documents as are required by the Transaction; and (b)can cause to be issued a policy of tide
insurance as called for in the Purchase Agreement, and as may be required by the lender, insuring title in (if by
deed)or an interest in (if by contract), the named Buyer, free from encumbrance other than matters attaching
by,through or under the Buyer, and the following paragraph(s)as set forth in the Title Commitment,which
paragraph(s) is/are numbered as in the Title Commitment: 3,5 of preliminary commitment. The title insurance
policy shall contain those insuring clauses, exceptions, exclusions, provisions and stipulations customarily
contained in the printed provisions of such policy or policies.
G. Payment of Buyer Charges
Buyer authorizes Escrowee to pay those charges and adjustments as itemized on the Closing Statement, which
Buyer signs contemporaneously with these instructions.
H. Changes to Closing Statement
Closing statements and closing disclosures are subject to final adjustment and audit, and may be amended to
reflect actual charges and adjustments at the time of closing. If any monetary error is discovered on a closing
statement or closing disclosure the party liable therefore will promptly pay into escrow for disbursement such
amounts as may be necessary.
L Pro-Rations
Pro-rations will be based on a 365-day year and will be calculated based on the date Transaction documents are
recorded. Taxes on real property will be pro-rated based on the latest available tax figures. Buyer and Seller
acknowledge that taxes may currently be assessed on land value only and that taxes for the current and prior
years may be later revised to include taxes on improvements constructed on the Property prior to closing. If,
after closing, such additional taxes are assessed, Buyer and Seller will promptly pay to the appropriate taxing
authority their respective share of said taxes pro-rated as of the date of closing.
J. Payment of Escrow Fee
Buyer shall pay one-half of Escrowee's escrow fee unless either: (a)this Transaction is financed by the Federal
Housing Administration ("FHA") or the Department of Veterans Affairs("VA"); or(b)the terms of the Purchase
Agreement instruct otherwise. If the conditions described in either(a) or(b)above are present, Escrowee's fee
Page 3 of 7
First American Title Insurance Company File No.: 2394956A (SC)
Date: February 27, 2017
shall be paid according to FHA or VA regulations or the Purchase Agreement. Each party may pay one-half of the
scheduled escrow fee, but shall be entitled to any applicable filed discount offered by Escrowee or the title insurer
insuring the Transaction,which may result in one party paying a lower escrow fee than the other. In the event
the Seller's closing instruction places a limitation on the Seller's payment of escrow or title fees, Buyer will be
responsible for the balance of the escrow and/or title fees as necessary to comply with state filed fees if
applicable.
GENERAL PROVISIONS
1. The value of fuel oil remaining on the Property is to be pro-rated and paid for outside of escrow between the
Buyer and Seller. Buyer and Seller acknowledge that Seller is responsible for the liens set forth in R.C.W
35.21.290; 35.67.200; 36.36.045; 36.89.065; 36.94.150; 57.08.081 or 87.03.445. In accordance with R.C.W.
60.80, Seller may request that Escrowee administer disbursement of closing funds necessary to satisfy the unpaid
charges set forth above. Escrowee is not liable if the Escrowee's refusal to comply is based on the Seller's
inaccurate or incomplete identification of utilities providing service to the Property or if a utility company fails to
provide an estimated or actual final billing, or written extension of the per diem rate or if disbursement of closing
funds necessary to satisfy unpaid charge would violate R.C.W. 18.44.070. A fee may be charged for performing
the services described in this paragraph.
2. Escrowee shall have no responsibility or liability regarding possession of the Property, the condition of the
Property, or the suitability of the Property for its intended use.
3. Seller warrants that all homeowners association dues and/or assessments are paid to date and no
delinquencies exist. Buyer assumes responsibility for all subsequent dues and/or assessments.
4. Escrowee is authorized to: (a) fill in the date of close of escrow and such other necessary dates on any
documents which require same; and (b) correct any typing or scriveners errors on any documents delivered into
escrow. Date of closing means the date on which instruments are recorded. Escrowee is authorized to record
any instrument delivered into this escrow, if recording is necessary or proper for the issuance of policies of title
insurance.
5. All disbursements shall be in U.S. funds and shall be by Escrowee's check, or by wire transfer. Escrow funds
will be placed in an escrow account which will pay no interest to the depositor unless specifically requested and
all other preconditions to earning interest are satisfied. All funds delivered into escrow are subject to immediate
deposit, and all checks must clear and be credited to Escrowee's trust account as good and sufficient U.S. funds
before closing can be completed. Any delay in clearing deposits will delay closing.
6. Coverage of the Property with fire or any other type of hazard insurance is the sole responsibility of the Buyer
and Escrowee is relieved of any responsibility or obligation in connection therewith. HOWEVER, when a
fire/hazard binder or policy is required as a condition of closing, it shall be submitted to Escrowee and paid for, as
required.
7. In the event this escrow fails to close, a sum sufficient to pay title commitment and escrow cancellation
charges shall be paid, and as appropriate, may be deducted from funds held.
8. Compliance with ordinances, including but not limited to city or county short plat (subdivision)ordinances are
the responsibility of Buyer and Seller and Escrowee shall have no responsibility therefore. Any and all charges for
building permits or assessed charges in connection therewith will be handled outside of escrow.
9. Upon their request, Escrowee may furnish a copy of these instructions, closing statements and/or any other
documents deposited in this escrow to the lender or lenders, the real estate broker or brokers and/or the attorney
or attorneys involved in this Transaction.
Page 4 of 7
First American Title Insurance Company File No.: 2394956A (SC)
Date: February 27, 2017
10. Dispute Resolution: Please read this arbitration provision carefully. It requires the resolution of
disputes by arbitration on an individual basis rather than by jury trials or class actions.
(a) The parties acknowledge that they are entering into this arbitration agreement in connection with escrow
services related to a real estate transaction. The parties agree that all disputes and claims involving
Escrowee that arise out of or relate to the escrow services or related real estate transaction in any
way must be resolved by arbitration. This arbitration agreement is intended to be broadly interpreted, and
the obligation to arbitrate includes disputes or claims brought by or against the parties' respective affiliates,
owners,agents, employees, representatives, predecessors, successors, assigns, and any beneficiaries of the
escrow services, such as those with an interest in the underlying real estate transaction or who are or intend to
be occupants, tenants, or owners of the property. Notwithstanding the foregoing, any party may bring an
individual action in small claims court. Any dispute as to the arbitrability of claims or the scope or enforceability
of this arbitration provision, or as to the interpretation of paragraph (d) below, is for the court to decide. The
services provided by Escrowee evidence a transaction in interstate commerce, and thus the Federal Arbitration
Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive
termination of the Escrow.
(b) Arbitration Procedures. The arbitrator shall be bound by the terms of this arbitration provision. The
arbitration will be governed by the Commercial Arbitration Rules or, where applicable, the Consumer Arbitration
Rules (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this arbitration
provision. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The AAA
shall administer the arbitration. If the AAA is unavailable, the arbitration will be administered by another
arbitration provider that the parties agree to or that the court selects. Arbitrators may consider but shall not be
bound by rulings in prior arbitrations involving different customers. Arbitrators shall be bound by rulings in prior
arbitrations involving the same customer to the extent required by applicable law. Unless the parties agree
otherwise, any in-person arbitration hearings shall be in the county in which the underlying real estate at issue in
the transaction is located.
(c) Arbitration Costs. The Escrowee will pay all AAA filing, administrative, and arbitrator fees for any
arbitration that the Escrowee commences. If another party commences arbitration and the value of that claim is
$75,000 or less(to either party), the Escrowee will pay all AAA fees. If, however, the arbitrator finds that the
substance of such a claim or the relief sought is frivolous or brought for an improper purpose (as measured by
the standards in Federal Rule of Civil Procedure 11(b)), then the payment of all AAA fees shall be governed by
the AAA Rules.
(d) Prohibition of Class or Representative Actions and Non-Individualized Relief. UNDER THIS
AGREEMENT,ANY CLAIM MUST BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY. NO PARTY MAY
SERVE AS A PLAINTIFF, CLASS MEMBER,OR PARTICIPANT IN ANY PURPORTED CLASS,
REPRESENTATIVE,OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless all parties agree
otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over
any form of a class, representative, or private attorney general proceeding. The arbitrator may award any relief
that a court could award, so long as the relief is individualized to the claimant and would not affect other
persons. No party may seek non-individualized relief that would affect persons other than the parties
themselves. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as
to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may
be brought in court.
Page 5 of 7
First American Title Insurance Company File No.: 2394956A(SC)
Date: February 27, 2017
11. Except as provided in the preceding section, should any dispute arise between the parties,or any of them,
and/or any other party, concerning the Property or funds involved in the Transaction, or in the event conflicting
demands or claims are made with respect to this escrow or the rights of any of the parties hereto, it is expressly
agreed that the Escrowee may, in its sole discretion and at its election, do any or all of the following: (a) withhold
and stop all further proceedings in performance of this escrow; (b) hold all documents and funds in their existing
status pending resolution of the dispute; (c) issue a check to either Seller or Buyer, made payable jointly to Seller
and Buyer, in the amount of the sums in dispute; or(d) where the substance of the underlying dispute involves
competing claims to the funds held in escrow,join or commence a court action in interpleader, deposit the money
and documents held by it with the court, and ask the court to determine the respective rights of the parties.
Upon depositing said funds and documents with the court, Escrowee shall be immediately fully released and
discharged and shall have no further duties or responsibilities under these instructions or this escrow. The
parties jointly and severally agree to pay Escrowee's costs, expenses and reasonable attorney's fees incurred in
any interpleader lawsuit arising out of or in connection with the Transaction or these instructions, whether such
lawsuit is instituted by Escrowee, the parties, or any other person.
12. Any additional instructions given to Escrowee shall be presented in writing. Buyer and Seller acknowledge
that Escrowee may receive instructions from third parties(e.g., lenders, grantors, vendors, etc.)which are
necessary for the completion of this escrow and are, therefore, made a part hereof.
13. These escrow instructions, and amendments hereto, may be executed in one or more counterparts, each of
which independently shall have the same effect as if it were the original, and all of which taken together shall
constitute one and the same instruction.
14. Title to equipment, fixtures, personal property or encumbrances or liens thereon or personal property tax or
sales tax associated therewith are not a part of this escrow and will be handled outside of escrow.
15. Buyer and Seller have been afforded adequate time and opportunity to read, understand and approve these
instructions and all documents referred to herein.
16. Escrowee may destroy these instructions and all records of this escrow, regardless of date of same, at any
time after seven (7)years from the date of these instructions without liability and without need of further notice
to or from Buyer and Seller.
17. Internal Revenue Code Section 6109(h) imposes requirements for furnishing, disclosing, and including
taxpayer identification number in tax returns on the parties to a residential real estate transaction involving seller-
provided financing. Buyer and Seller understand that the disclosure reporting requirements are exclusive
obligations between the parties to this transaction and Escrowee is not obligated to transmit the taxpayer
identification numbers to the Internal Revenue Service or to the parties. Escrowee is not rendering an opinion
concerning the effect of this law on the Transaction, and the parties are not acting on any statements made or
omitted by Escrowee or any of its employees or agents. To facilitate compliance with this law, Buyer and Seller
authorize Escrowee to release any parry's taxpayer identification number to any requesting party who is a party
to this Transaction. The requesting party shall deliver a written request to Escrowee. Buyer and Seller waive all
rights of confidentiality regarding their respective taxpayer identification numbers and agree to hold Escrowee
harmless against any fees, costs, or judgments incurred and/or awarded in connection with the release of
taxpayer identification numbers.
Page 6 of 7
First American Title Insurance Company File No.: 2394956A (SC)
Date: February2l 2017
18. if any documents have been deposited with Escrowee which Escr�wee is being instructed to record but not
insure, the parties depositing the documents acknoWedge and agree that Escrowee is recor6ng these documents
as an accommodation and as courier only, out nfphysical convenience, and that no tide insurance wffl be
issued or escrow services rendered in connection therewith. By accepting and recording these documents
Escrowee establishes no contractual or fiduciary responsibility with orboany parties and makes no
representations or guarantees as to the content, authenticity, validity, recmndab||i1yoreffectiveness of the
documents. Further, Escrowee makes MV representations or guarantees as to, the time, date or place of the
recording, and the depositing parties shaH be responsible for all recording costs, taxes and fees ne�ated to said
documents. The depositing parties hereby indemnify Escrowee for any liability it may have, or be alleged to have,
reiatecl to said documents, which indemnity includes,a duty of defense and payment for any costs and attorney's
fees incurred in defending or preparing to defend any claim or allegation ofHabi|ityagainst Escrowee.
19. Buyer and Seller acknowledge that this transaction may be subject to various state and federal laws and
regu|atimnsdeahng with }endmg practices, including, but not limited to, laws and regulations requiring lenders to
obtain proper 8icensing. Escrowee advises the parties to seek competent legal counsel to ensure compliance with
these laws and regulations. The parties represent, warrant and agree that: (a) they have complied with all such
laws and negu|abons; (b) Escrowee shall have no nespVnsibW|Ly or Uab|||Ly regarding their compliance therewith;
and (c) they shaM indemnify and hold Escrowee harmless from and a0a�nst any and all c8aims, demands,
damages, losses or cost (�nc|uding attorneys" fees and costs of defense) incurred by Escrowee relating to such
laws and neguVabuns.
ADDITIONAL INSTRUCTIONS:
Subject to the provisions of Paragraph Nos. 10 and 11 of the above GENERAL PROVISIONS, these instructions
shall expire and become invalid upon the earlier to occur of(8) thirty (30) days from the date of the last
signature of Buyer and Seller below; or (b) the receipt by Escrowee from Buyer and/or Seller ofa written
revocation ofthese instructions
Dated the day mf 30_
SELLER:
[}avidL Ball
Maa|ngAddress� 324 1/2N'adenAvenue South, Kent, WA 98032
Dated the day of , 20___
BUYER:
City of Kent,
nnun|0rpG|
corporation ~ ( /
Mailing Address: 220 Fourth Ave. S, Kent, WA 98032
Page/m7
FirstAmerican Title Insurance Company
First American 800 Bellevue Way NE,Suite 300
BeNevue,WA 98004
Phn- (425)201-4550 (800)926-1110
Fax- (866)233-5179
escrow.bdievue.wa@firstam.com
SUPPLEMENTAL ESCROW INSTRUCTIONS
UTILITY PAYMENT
To: First American Title Insurance Company Date: February 27, 2017
File No: 2394956A(SC)
Re: 324 1/2 Naden Avenue South, (Cent, WA 98032
Buyer(s) and Seller(s) herein acknowledge that the Escrow Agent WILL NOT be paying any closing bills for utility
accounts.
All utilities are to be paid current by the Seller prior to the close of escrow. The buyer and/or their agents are
urged to verify all bills are paid current prior to closing so that all utilities may be transferred and/or turned on
when the transaction closes.
The parties hereby indemnify, defend and hold First American Title harmless from any loss, claim or damage for
collection or payment of the same.
ALL OTHER TERMS AND CONDITIONS OF THIS ESCROW WILL REMAIN THE SAME.
BUYE,R(S):
City of Kent, a
municipal
corporation
SELLER(S):
David L. Ball
Page 1 of 1
FirstAlmerican TiVe Insurance Company
erIcan 800 Bellevue Way NE,Sulte 300
FirstAm
Bellevue,WA 98004
Phn- (425)201-4550 (800)926-1110
Fax- (866)233-5179
escrow.bellevue.wa@firstam.com
To: First American Title Insurance Company Date: February 27, 2017
Escrow Officer: Stephanie Cohen He No.: 2394956A(SC')
Re: 324 1/2 Naden Avenue South, Kent, WA 98032
DISCLOSURE ON TITLE REPORT
The undersigned parties have received a copy of the preliminary title report for the above referenced transaction,
and understand its terms and conditions: 3,5 of preliminary commitment
Dated the day of 20_
City of Kent, a
municipal
corporation
David L Bal!l
Page 1 of I
AFTER RECORDING MAIL TO:
City of Kent
220 Fourth Ave. S
Kent, WA 98032
Filed for Record at Request of: Space above this line for Rworders use only
First American Title Insurance Company
QUIT CLAIM DEED
File No: 2394956A(SC) Date: February 27, 2017
Grantor(s): David L. Ball
Grantee(s): City of Kent
Abbreviated Legal: PTN GL 7 SEC 24 TWP 22N RGE 4E, IN KING COUNTY
Additional Legal on page:
Assessor's Tax Parcel No(s): 600000-0062-02
THE GRANTOR(S) David L. Ball, an unmarried person for and in consideration of $10.00
and other good and valuable consideration in hand paid, conveys and quit claims to City of
Kent, a Washington municipal corporation, the following described real estate, situated in the
County of King, State of Washington, together with all after acquired title of the grantor(s)
herein:
LEGAL DESCRIPTION: Real property in the County of King, State of Washington, described as
follows:
THE EAST 125 FEET OF THE FOLLOWING DESCRIBED TRACT, MEASURED PARALLEL TO
THE EAST LINE THEREOF;
THAT PORTION OF GOVERNMENT LOT 7, SECTION 24,TOWNSHIP 22 NORTH, RANGE 4
EAST,W.M., IN KING COUNTY,WASHINGTON, DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE WEST MARGINAL LINE OF THE RIGHT OF WAY OF THE
SEATTLE TACOMA INTERURBAN RAILWAY WHICH IS 858.00 FEET SOUTH OF THE
SOUTH MARGINAL LINE OF MEEKER STREET IN THE CITY OF KENT;
THENCE WEST 354.41 FEET TO NADEN AVENUE;
THENCE SOUTH ALONG NADEN AVENUE,A DISTANCE OF 66 FEET;
THENCE EAST TO THE WEST MARGINAL LINE OF RIGHT OF WAY OF SAID RAILWAY;
THENCE NORTHERLY ALONG SAID RIGHT OF WAY A DISTANCE OF 66.45 FEET, MORE
OR LESS,TO POINT OF BEGINNING;
EXCEPT PORTION TAKEN FOR STATE HIGHWAY BY KING COUNTY SUPERIOR COURT
CAUSE NO. 656683;
Page 1 of 2 LPB 12-05
APN:600000-0062-02 Quitclaim Deed-continued File No.: 2394956A(SC)
Date:02/27/2017
(ALSO KNOWN AS THE EAST 125 FEET OF LOT 6, NADEN E.H. GARDEN TRACTS,
UNRECORDED).
David L. Ball
STATE OF Washington )
)-ss.
COUNTY OF King )
I certify that I know or have satisfactory evidence that David L. Ball, is/are the person(s) who
appeared before me, and said person(s) acknowledged that he/she/they signed this instrument
and acknowledged it to be his/her/their free and voluntary act for the uses and purposes
mentioned in this instrument.
Dated:
Notary Public in and for the State of Washington
Residing at:
My appointment expires:
Page 2 of 2 LPB 12-05
,� •"'•. First American ride Insurance
Company
First American 800 Bellevue Way NE,Suite 300
Bellevue,WA 98004
Phn-(425)201-4550(800)926-1110
Fax-(866)233-5179
File No. 2394956A
Buyer: City of Kent,a municipal corporation
Buyer Address: 220 Fourth Ave. S,Kent, WA 98032
SETTLEMENT AGENT'S STATEMENT OF RECEIPT
OF SELLER'S CERTIFICATE OF NON-FOREIGN STATUS
Property Address: 324 1/2 Naden Avenue South, Kent, WA 98032
Settlement/Escrow No. 2394956A
I, Stephanie Cohen, hereby certify to City of Kent, a municipal corporation (buyer)that:
a. I am the settlement/escrow officer in the above referenced transaction ("Transaction");
b. I am an employee of First American Title Insurance Company which is a "qualified substitute"
under Internal Revenue Code (IRC) Section 1445(f)(6); and
C. Pursuant to IRC Section 1445(b)(9)that each of the following seller or sellers, who are all of the
sellers in the Transaction, has provided to me a completed copy of the Seller's Certificate of Non-
Foreign Status pursuant to IRC Section 1445(b)(2): David L. Ball (Sellers)
Executed under penalty of perjury at Bellevue, WA on this Twenty-seventh day of February, 2017.
(Settlement/Escrow Officer's Signature)
Note:
Section 1445 of the Internal Revenue Code (IRC) provides that a transferee (buyer) of a U.S. real property
interest must withhold tax if the transferor(seller) is a foreign person. Pursuant to IRC Section 1445(b)(2) no
withholding is required if the transferor(seller)furnishes to the transferee (buyer)a non-foreign affidavit stating,
under penalty of perjury,the transferor's United States taxpayer identification number and that the transferor is
not a foreign person.
Section 1445(b)(9)was added to the Internal Revenue Code (IRC)on July 30, 2008 in order to provide an
alternative procedure for furnishing Non-Foreign Affidavits. The alternative procedure allows a seller to furnish
the Non-Foreign Affidavit to a "qualified substitute" instead of the buyer so long as the qualified substitute
furnishes a statement to the buyer stating, under penalty of perjury, that the qualified substitute is in possession
of the Non-Foreign Affidavit. A qualified substitute is defined as the person (including any attorney or title
company) responsible for closing the transaction, other than the seller's agent, and the buyer's agent. (See
IRC§ 1445(f)(6)).
U.S.FIRPTA-Settlement Agent's Statement to Buyer_Rev.(8/25/08) Page 1 of 1 Pages