HomeMy WebLinkAboutPW18-262 - Original - Cheryl & Walter Johnsen - Johnsen-Sealy Property Real Estate Purchase - 06/14/2018 �* T
Records Management Document
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: Johnsen, Walter and Cheryl
.... ....... ... .. ...
Vendor Number (JDE):
Contract Number (City Clerk):
.............. ..............
Category: Purchase and Sale Agreement
Sub-Category (if applicable): Other
Project Name: Johnsen-Sealy Property Purchase and Sale Agmt.
....................
Contract Execution Date: 6/14/2018 Termination Date: N/A
Contract Manager: P. Anderson Department: PW: Engineering
Date Notice of Contract Email Sent:
Contract Amount: $610,000.00
Approval Authority: ❑ Director mayor City Council 6/5/2018
Other Details: 27412 Green River Road
............ ___ - —- _--- ..... ................
REAL ESTATE PURCHASE AND SALE AGREEMENT
WITH EARNEST MONEY PROVISION
This Agreement is entered into between Walter 1. Johnsen (also appearing of record as
Walter aver Johnsen) and Cheryl Sealy Johnsen (also appearing of record as Cheryl D. Johnsen,
who acquired title as Cheryl D. Sealy) as their respective separate estates ("Seller"), whose
mailing address is 27412 Green River Road, Kent, WA 98031, and the City of Kent, a
Washington municipal corporation ('Buyer"), whose mailing address is 220 4°i Avenue South,
Kent, Washington 98032-5895.
1. PROPERTY. The Property that Buyer agrees to buy and Seller agrees to sell is
known as King County Tax Parcel Number 3 1 2205-901 0 and is located at 27412 Green River
Road, Kent, WA 98031 (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 after the Date of Mutual
Acceptance of this Agreement as defined in paragraph 17 below, Buyer shall deposit with
Rainier Title and Escrow (the "Escrow Agent") the sum of twenty thousand and uo/100ths
dollars ($20,000.00), 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 Six Hundred
and Ten Thousand and no/100ths dollars ($610,000.00) (including the $20,000.00 Earnest
Money payable on Closing).
4. CONTINGENCIES. This Agreement is contingent upon:
a. Final approval of all terms and conditions by Kent City Council.
b. No later than ten business days after the Date of Mutual Acceptance, Seller shall
deliver to Buyer, in a manner consistent with paragraph 14, a completed Real
Buyer's Initials �90Seller's Initials t^y Seller's Initials
Real Estate Purchase and Sale Agreement i/ Page I of 8
Property Transfer Disclosure Statement("Disclosure Statement") in the form attached
as Exhibit B. If Seller fails to deliver the Disclosure Statement by the required
deadline, then unless Buyer waives this contingency in writing the 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.
c. Within five business days of Buyer's receipt of the Disclosure Statement delivered in
a timely manner from Seller, Buyer shall, in its sole and absolute discretion, either
approve and accept the Disclosure Statement or rescind this Agreement by delivering
to Seller a written rescission notice. If Buyer neither accepts nor delivers a written
rescission notice, then Buyer will be deemed to have approved and accepted the
Disclosure Statement. If Buyer delivers a written rescission notice, 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.
d. A feasibility study as follows:
i. 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 II
environmental assessment, to determine if the Property is feasible for the purposes
and uses intended.
iii. A Phase I environmental assessment generally will consist of a review of title of
ownership and land use, review of geologic and hydrologic maps of the area, review
of federal and state databases for known hazardous water generators or contaminated
sites, and a site visit. If the phase I review reveals the potential of a contaminated site,
a phase II environmental assessment may be conducted, which generally will consist
of on-site sampling, including the digging or boring of test holes for soil samples. By
EXECUTING THIS AGREEMENT, SELLER HEREBY AUTHORIZES BUYER A
RIGHT OF ENTRY ON TO THE PROPERTY FOR THE PURPOSE OF
CONDUCTING THIS FEASIBILITY STUDY/INCLUDING A PHASE 1, AND IF
Buyer's Initials` Seller's Initials Seller's Initials wT
Real Estate Purchase and Sale Agreement Page 2 of 8
NECESSARY, A PHASE Il ENVIRONMENTAL ASSESSMENT. SELLER WILL
BE NOTIFIED IF A PHASE lI 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. 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.).
e. This Agreement is also contingent upon insurability of title as addressed in paragraph
6 below.
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 paragraphs 13 through 18 as described in Title Report #
709452RT, attached hereto and incorporated herein by this reference. All other special
exceptions therein are to be removed on or before Closing.
6. TITLE INSURANCE. At Closing, Buyer shall cause Rainier Title and Escrow
(Title Agent) to issue a 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
casements 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.
Buyer's Initials.� Seller's Initials Seller's Initials�J_T
Real Estate Purchase and Sale Agreement Page 3 of 8
7. CLOSING COSTS AND PRO-RATIONS. The Seller and Buyer shall each pay
one-half of the initial escrow fee. Buyer shall be responsible for all additional fees related to
escrow. Seller shall pay for recording costs of deed, Standard Owners 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. Time is of the essence for this Agreement. When
requested by Escrow Agent, Buyer and Seller shall, without delay, deposit into escrow with
Rainier Title and Escrow (Escrow Agent) all instruments and monies required to complete the
transaction in accordance with this Agreement. For the purpose of this Agreement, Closing is
defined as the date that all documents are executed and the sale proceeds are available for
disbursement to the Seller. Closing shall occur no later than ninety (90) days after the Date of
Mutual Acceptance.
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. Buyer shall be entitled to possession on Closing,
11. SELLER'S REPRESENTATIONS. Seller represents:
(a) that Seller will maintain the Property in its present or in a better condition until
Closing
(b) that Seller has no knowledge of any notice from any governmental agency of any
violation of laws relating to the Property except :
(c) that Seller is in possession of the Property and the Property is not subject to any
lease or rental agreements.
12. DEFAULT AND ATTORNEY'S FEES.
Be(Ver's LriNa(5' Seller's Initials Seller's Initials�r
r
Real Estate Purchase and Sale Agreement Page 4 of 8
(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 so as to avoid other costs and expenses to either
party in connection with potential litigation on account of Buyer's default. Buyer
and Seller believe said amount to be a fair estimate of actual damages.
(b) Seller's Default. If Seller defaults hereunder, Buyer shall have all the rights and
remedies available at law or in equity.
(c) Attorney's Fees and Costs. In the event of litigation to enforce any of the tern-Is
or provisions herein, each party shall pay all its own costs and attorney's fees.
13. 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.
14. 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:
Phil Anderson
City of Kent
220 Fourth Avenue South
Kent, WA 98032
Email: pranderson@kcntwa.gov
Phone: 253-856-5587
(b) All notices to be given to Seller shall be addressed as follows:
Walter 1. Johnsen and Cheryl Sealy Johnsen
27412 Green River Road
Kent, WA 98031 Phone: 253-854-0596
Buyer's Initials Seller's Initials. ^•__ Seller's Initials WOO
Real Estate Purchase and Sale Agreement � Page 5 oF8
(c) All notices to be given to Escrow Agent shall be addressed as follows:
Rainier Title Escrow—Jennie Graddon
20435 72"d Ave. S. #155
Kent, WA 98032 Phone: 253-216-0240
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.
15. 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.
16. BINDING EFFECT AND SURVIVAL. This Agreement shall be binding upon
parties hereto and their respective heirs, successors and assigns; and the terms, conditions and
provisions of this Agreement shall survive the Closing of this transaction.
17. 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.
18. EXPIRATION OF OFFER. Seller shall have until 5:00 pm on the loth
business day after the date this agreement is signed and dated below by Buyer to accept this
offer. To accept, Seller must, on or before that deadline, deliver to Buyer this original
Agreement, signed and dated by Seller. Seller's failure to accept in the manner just stated shall
be deemed a rejection of Buyer's offer, and Buyer's offer shall thus expire.
Buyer's Initials QP Seller's Initials 1,, Seller's Initials W s.J
Real Estate Purchase and Sale Agreement Page 6 of8
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
set forth below.
SELLER:
Walter 1. Johnsen and Cheryl Sealy Johnsen
SELLER:
y � ��y
By: `�'e '\ '
Walter 1. Jol sen
Dated: 7 -N 6
,l
By:
Cheryl mealy Johnsen
Dated: to 7 -I ,9
BUYER:
By: �� T
Dana Ralph
Its: Mayor
Dated:
Buyer's Initials m Seller's Initials V'� Seller's Initials
Real Estate Purchase and Sale Agreement �� Page 7 of 8
SEE ATTACHED EXHIBIT `A'
Buyer's InitialO Seller's Initials Seller's Initials,._ _J
Real Estate Purchase and Sale Agreement Page 8 of 8
EXHIBIT A
LEGAL DESCRIPTION
That portion of the Northeast quarter of Section 31, Township 22 North, Range 5 East,
W M., in King County, Washington, lying Easterly of the Green River Road South
Except that portion thereof lying Southerly of the following described lire,
Beginning at the Southeast corner of said Subdivision;
Thence North 3044'08" East along the East line of said Northeast quarter, a distance of
1,479.60 feet to the beginning of said line;
Thence North 55°34'34" West 253,21 feet;
Thence South 85°40'10" West 514 feet, more or less, to the Easterly line of said Green
River Road South and the end of said line.
Also except that portion thereof, lying Northerly of the following described line.
Beginning at the Northeast corner of said Subdivision;
Thence South 3°44'08" West along the East ine of said Northeast quarter a distance of
425.60 feet to the Beginning of said line;
Thence North 87°53'58" West parallel to the North line of said Northeast quarter, a distance
of 561,54 feet;
Thence South 27°21'52" East 212.97 feet;
Thence South 28°21'52" East 164.00 feet,
Thence South 70°31'08" West 496 feet, more or less, to the Easterly Tine of said Green
River Road South and the end of said line.
Situate in the County of King, State of Washington_
EXHIBIT B
SELLER'$ DA9j!; .tJ aU8E $IATEMiENT
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 _JqC ,, KENT, WASHINGTON, ("THE
PROPERTY"), OR AS LEGALLY DESCRIBED ON ATTACHED EXHIBIT A.
SELLER MAKES THE FOLLOWING DISCLOSURES OF EXISTING MATERIAL FACTS OR
MATERIAL DEFECTS TO BUYER BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE
PROPERTY AT THE TIME SELLER COMPLETES THIS DISCLOSURE STATEMENT, UNLESS YOU
AND SELLER OTHERWISE AGREE IN WRITING, YOU HAVE THREE BUSINESS DAYS FROM
THE DAY SELLER OR SELLER'S AGENT DELIVERS THIS DISCLOSURE STATEMENT TO YOU
TO RESCIND THE AGREEMENT BY DELIVERING A SEPARATELY SIGNED WRITTEN
STATEMENT OF RESCISSION TO SELLER OR SELLER'S AGENT. IF THE SELLER DOES NOT
GIVE YOU A COMPLETED DISCLOSURE STATEMENT, THEN YOU MAY WAIVE THE RIGHT TO
RESCIND PRIOR TO OR AFTER THE TIME YOU ENTER INTO A SALE AGREEMENT.
THE FOLLOWING ARE DISCLOSURES MADE BY SELLER AND ARE NOT THE
REPRESENTATIONS OF ANY REAL ESTATE LICENSEE OR OTHER PARTY. THIS
INFORMATION IS FOR DISCLOSURE ONLY AND IS NOT INTENDED TO BE A PART OF ANY
WRITTEN AGREEMENT BETWEEN BUYER AND SELLER.
FOR A MORE COMPREHENSIVE EXAMINATION OF THE SPECIFIC CONDITION OF THIS
PROPERTY YOU ARE ADVISED TO OBTAIN AND PAY FOR THE SERVICES OF QUALIFIED
EXPERTS TO INSPECT THE PROPERTY, WHICH MAY INCLUDE, WITHOUT LIMITATION,
ARCHITECTS, ENGINEERS, LAND SURVEYORS, PLUMBERS, ELECTRICIANS, ROOFERS,
BUILDING INSPECTORS, ON-SITE WASTEWATER TREATMENT INSPECTORS, OR
STRUCTURAL PEST INSPECTORS. THE PROSPECTIVE BUYER AND SELLER MAY WISH TO
OBTAIN PROFESSIONAL ADVICE OR INSPECTIONS OF THE PROPERTY OR TO PROVIDE
APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN THEM WITH RESPECT TO ANY
ADVICE, INSPECTION, DEFECTS OR WARRANTIES.
Seller --2(- is/ is not occupying the property.
DATE: to " 7 SELLER:.._ _l,R,.,,.(� z11xy SEt.LER: . ( -Wig
f
Seller's Disclosure Statement - Page 1 of 11
Improved Voi Fffr, « of a4-vs
I. SELLER'S DISCLOSURES:
*If you answer "Yes" to a question with an asterisk (*), please explain your answer and
attach documents, if available and not otherwise publicly recorded. If necessary, use an
attached sheet.
1. TITLE
[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 No [ ] Don't know *C. Are there any encroachments, boundary
agreements, or boundary disputes?
[ ] Yes No [ ] Don't know *D. Is there a private road or easement
agreement for access to the property?
[ ] Yes ( No [ ] 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 KNo [ ] 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 TjQ No [ ] Don't know *I. Are there any zoning violations,
nonconforming uses, or any unusual restrictions
on the property that would affect future
construction or remodeling?
Yes [ ] No [ ] Don't know *J. Is there a boundary survey for the
property?
KYes [ ] No [ ] Don't know *K. Are there any covenants, conditions, or
CLRSS 3 UETLH uD restrictions recorded against the property?
DATE: ¢„ - K SELLER: � m � ,, r SELLER: 1,V,ab
Seller's Disclosure Statement - Page 2 of 11
Improved vet. Effective 07-24-15
2. WATER
A. Household Water
(1) The source of water for the property is:
] Private or publicly owned water system
[ Private well serving only the subject
Property,.........____] Other water system
[ ] Yes [ ] No [ ] Don't know NA * If shared, are there any written agreements?
[ ] Yes No [ ] Don't know *(2) Is there an easement (recorded or
unrecorded) for access to and/or maintenance of
the water source?
] Yes 1�4 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 No [ ] Don't know *(5) Are there any water treatment systems
for the property? If yes, are they [ ] Leased
[ ] Owned.
[ ] Yes [ ] No KDon'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 TX Don't know (a) If yes, has the water right, permit,
certificate, or claim been assigned,
transferred, or changed?
[ ] Yes [ ] No D4 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
Gs the water system (e.g. pipes, tank, pump, etc.)?
(If yes, please explain)__________
B. Irrigation Water
[ ] Yes K No [ ] Don't know (1) Are there any irrigation water rights for
the property, such as a water permit, certificate,
or claim? -
DATE: " 7 /$ SELLER: q_46
rP �.,pSELLER:_WA�
Seller's Disclosure Statement - Page 3 of 11
Improved ver. Effective 07-24-15
[ ] Yes [ ] No [ ] Don't know NA *(a) If yes, has all or any portion of the
water right not been used for five or more
successive years?
] Yes [ ] No [ ] Don't know NA *(b) If so, is the certificate available? (If
yes, please attach a copy.)
[ ] Yes [ ] No [ ] Don't know NA *(c) If so, has the water right permit,
certificate, or claim been assigned,
transferred, or changed? If so, explain:
[ ] Yes No [ ] Don't know 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 No [ ] Don't know (1) Is there an outdoor sprinkler system for
the property?
[ ] Yes [ ] No [ ] Don't know/dA *(2) If yes, are there any defects in the
system?
[ ] Yes [ ] No [ ] Don't know NA *(3) If yes, is the sprinkler system connected
to irrigation water?
3. SEWER/ON-SITE SEWAGE SYSTEM
A. The property is served by:
[ ] Public sewer system
KOn-site sewage system (including
pipes, tanks, drainfields, and all other
component parts)
[ ] Other disposal system, please
describe:
[ ] Yes [ ] No [ ] Don't know NA 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 NA *C. Is the property subject to any sewage
system fees or charges in addition to those
covered in your regularly billed sewer or on-site
sewage system maintenance service?
DATE: SELLER: 7m 1 SELLER;,, �p�►j� tgroM
`u
Seller's Disclosure Statement - Page 4 of 11
Improved Ve,. Effective 01-2415
D. If the property is connected to an on-
site sewage system:
)(Yes [] No [] Don't know *(1) Was a permit issued for its
construction, and was it approved by the
local health department or district
following its construction?
(2) When was it last pumped: ,5-ye.5 p ?
[ ] 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;...... ....
[ ] Don't know (5) For how many bedrooms was the
on-site sewage system approved?
j._ -Bedrooms
Vx 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 94,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 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
__--
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 No [ ] Don't know *A. Has the roof leaked within the last five
years?
[ ] Yes No [ ] Don't know *B. Has the basement flooded or leaked?
[ ] Yes [ No [ ] Don't know *C. Have there been any conversions,
additions, or remodeling?
e ,
DATE: � )-/ S SELLER:_. �w _SELLER;_ _Wmm_ _
Seller's Disclosure Statement - Page 5 of 11
Improved ver, errecnve o7-24-is
[ ] Yes [ ] No [ ] Don't know *(1) If yes, were all building permits
obtained?
$A Yes [ ] No [ ] Don't know *(2) If yes, were all final inspections
obtained?
FA Yes [ ] No [ ] Don't know D. Do you know the age of the house? If
yes, year of original construction;, IN
,,,,,,,,,,,,„199..,._............
[ ] Yes K No [ ] 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 Cocks Exterior Walls
Chimneys Interior Walls Fire Alarm
—.
Doors Windows f Patio
Ceilings _ Slab Floors _ Driveways
Pools Hot Tub Saunas
_._. _...
Sidewalks Outbuildings FrrepVaces
Garage Floors Walkways_,_ Siding
Other Wood Stoves Elevators
Incline Elevators Stairway Chair Lifts Wheelchair Lilts
[ ] Yes No [ ] Don't know *G. Was a structural pest or "whole house"
inspection done? If yes, when and by whom was
the inspection completed? _..........
___..
[ ] Yes j No [ ] Don't know H. During your ownership, has the property
had any wood destroying organism or pest
infestation?
Yes [ ] No [ ] Don't know I. Is the attic insulated?
[ ] Yes [ ] No [ ] Don't know NA 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.
[ ] Yes -K No [ ] Don't know • Electrical system, including wiring,
switches, outlets, and service.
[ ] Yes No [ ] Don't know • Plumbing system, including pipes,
faucets, fixtures, and toilets.
[ ] Yes No [ ] Don't know • Hot water tank
[ ] Yes [ ] No [ ] Don't know /NH • Garbage disposal
DATE: SELLER:._, k—,4er )Oj ,7p �sr1SELLER; b- �_
J
Seller's Disclosure Statement - Page 6 of 11
Improved vu, erPecnve 07-z4-15
i [ ] Yes K No [ ] Don't know . Appliances
[ ] Yes [ ] No [ ] Don't know NA . Sump pump - 71A
[ ] Yes ( No [ ] Don't know a Heating and cooling systems
[ ] Yes f�Q No [ ] Don't know . Security system
'K Owned [ ] Leased
[ ] Other.................................... .._..A........_
*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 KNo [ ] Don't know Security system......................................
Yes [ _ No [ ] Don't know Tanks (type). /- inpf' u,].
[ ] Yes 'K No [ ] Don't know Satellite dish._ ._ ____.....m_...........m......_,_,
] Yes [ ] No [ ] Don't know Other:
*C. Are any of the following kinds of wood
burning appliances present at the property?
ty-&Yes [ ] No [ ] Don't know (1) Woodstove?
[ ] Yes K No [ ] Don't know (2) Fireplace insert?
[ ] Yes No [ ] Don't know (3) Pellet stove?
[ ] Yes No [ ] Don't know (4) Fireplace?
fA 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?
DATE; b ` 7` / SELLER: ��,( ��/J ,d- ;,-.__—SELLER:.QJ �
Seller's Disclosure Statement - Page 7 of 11
Improved ver effective V-24-15
PAYes [ ] No [ ] Don't know D. Is the property located within a city,
county, or district or within a department of
natural resources fire protection zone that
provides fire protection services?
Yes [ ] No [ ] Don't know E. Is the property equipped with carbon
monoxide alarms?
(Note: Pursuant to RCW 19.27.530, seller must
equip the residence with carbon monoxide alarms
as required by the state building code.)
7A Yes [ ] No [ ] Don't know F. Is the property equipped with smoke
alarms?
6. HOMEOWNERS' ASSOCIATION/COMMON INTERESTS
[ ] Yes X No [ ] Don't know A. Is there a Homeowners' Association?
Name of the Association and contact information
for an officer, director, employee, or other
authorized agent, if any, who may provide the
association's financial statements, minutes,
bylaws, fining policy, and other information that
is not publicly available:......_......................................_,.__................_.
[ ] Yes [ ] No [ ] Don't know NA B. Are there regular periodic assessments: ?VA
$ per [ ] Month [ ] Year
[ ] Other_.._. .... ., __._ __ .m .......
[ ] Yes [ ] No [ ] Don't know /VA *C. Are there any pending special V/A
assessments?
[ ] Yes [ ] No [ ] Don't know NA *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 �4 No [ ] Don't know *A. Have there been any flooding, standing
water or drainage problems on the property that
affect the property or access to the property?
[ ] Yes KNo [ ] Don't know *B. Does any part of the property contain fill
dirt, waste or other fill material?
DATE: _r_-JJ SELLER; L474' SELLER:, '
Seller's Disclosure Statement - Page 8 of 11
Improved Ver. Effective 07-24-15
[ ] 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?
XYes [ ] 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 K No [ ] Don't know *F. Has the property been used for
commercial or industrial purposes?
[ ] Yes X No [ ] Don't know *G. Is there any soil or groundwater
contamination?
[ ] Yes 'K No [ ] Don't know *H. Are there transmission poles or other
utility equipment installed, maintained, or buried
on the property that do not provide utility service
to the structures on the property?
[ ] Yes X No [ ] Don't know *I. Has the property been used as a legal or
illegal dumping site?
[ ] Yes No [ ] Don't know *J. Has the property been used as an illegal
drug manufacturing site?
( ] Yes No [ ] Don't know *K. Are there any radio towers in the area
that may cause interference with cellular
telephone reception?
B. MANUFACTURED AND MOBILE HOMES — I A
If the property includes a manufactured or mobile home,
[ ] Yes [ ] No [ ] Don't know *A. Did you make any alterations to the
home? If yes, please describe the alterations:
[ ] Yes [ ] No [ ] Don't know *B. Did the previous owner make any
alterations to the home?
[ ] Yes [ ] No [ ] Don't know *C. If alterations were made, were permits or
variances for theses alterations obtained?
DATE: SELLER: r /JJ � SELLER: _
Seller's Disclosure Statement - Page 9 of 11
Improved VW Effec.[Ive a/-zags
9. FULL DISCLOSURE BY SELLERS
A. Other conditions or defects:
[ ] Yes TA 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
YES copy hereof. I/we authorize all of my/our real
estate licensees, if any, to deliver a copy of this
disclosure statement to other real estate
licensees and all prospective buyers of the
property.
DATE:. _L t.. SELLER: y c.� wv f .......W.SELLER:,
Seller's Disclosure Statement - Page 10 of 11 m
Improved Ver. Effective 07-24-15
NOTICE TO THE BUYER
INFORMATION REGARDING REGISTERED SEX OFFENDERS MAY BE OBTAINED FROM LOCAL
LAW ENFORCEMENT AGENCIES. THIS NOTICE IS INTENDED ONLY TO INFORM YOU OF
WHERE TO OBTAIN THIS INFORMATION AND IS NOT AN INDICATION OF THE PRESENCE OF
REGISTERED SEX OFFENDERS.
II. BUYER'S ACKNOWLEDGMENT
A. Buyer hereby acknowledges that: Buyer has a duty to pay diligent attention to any
material defects that are known to Buyer or can be known to Buyer by utilizing diligent
attention and observation.
B. The disclosures set forth in this statement and in any amendments to this statement
are made only by the Seller and not by any real estate licensee or other party.
C. Buyer acknowledges that, pursuant to RCW 64.06.050(2), real estate licensees are
not liable for inaccurate information provided by Seller, except to the extent that real estate
licensees know of such inaccurate information.
D. This information is for disclosure only and is not intended to be a part of the written
agreement between the Buyer and Seller.
E, Buyer (which term includes all persons signing the "Buyer's acceptance" portion of
this disclosure statement below) has received a copy of this Disclosure Statement (including
attachments, if any) bearing Seller's signature.
DISCLOSURES CONTAINED IN THIS DISCLOSURE STATEMENT ARE PROVIDED BY SELLER
BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME SELLER
COMPLETES THIS DISCLOSURE STATEMENT. UNLESS BUYER AND SELLER OTHERWISE
AGREE IN WRITING, BUYER SHALL HAVE THREE BUSINESS DAYS FROM THE DAY SELLER
OR SELLER'S AGENT DELIVERS THIS DISCLOSURE STATEMENT TO RESCIND THE
AGREEMENT BY DELIVERING A SEPARATELY SIGNED WRITTEN STATEMENT OF RESCISSION
TO SELLER OR SELLER'S AGENT. YOU MAY WAIVE THE RIGHT TO RESCIND PRIOR TO OR
AFTER THE TIME YOU ENTER INTO A SALE AGREEMENT.
BUYER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS DISCLOSURE STATEMENT
AND ACKNOWLEDGES THAT THE DISCLOSURES MADE HEREIN ARE THOSE OF THE SELLER
ONLY, AND NOT OF ANY REAL ESTATE LICENSEE OR OTHER PARTY,
DATE: 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: _.. -`L SELLER . L ' +„a SELLER; U---
Seller's Disclosure Statement - Page 11 of 11
Improved Vey, erfecelve.07-24-15
Brenda McCoy, Unit Manager and Senior Vice President
Genevieve Tarri Senior Title Officer
Kathy Hickey,Senior Title Officer
Laraine Livingston,Senior Title Officer
Ronda Mills,Title Officer
t 1501 41'Ave.,Suite 300
I Seattle,WA 98101
RAI N I ERTIT�E Tall Free:(425)929-1999
Ph:(425)551-5501
Fax:(206)230-7779
6r( ,a fb Email ltC9�lt3.6U9�1? S1RnJ.13rfi91to1
THIRD REPORT
SCHEDULE A
Order Number: 709452RT
Johnson/Sealey/Mill Creek Reest/PW2015-078
1. Effective Date: November 1, 2017 at 8:00 A.M.
2. Policy or Policies to be issued:
ALTA Standard Coverage Owner's Policy (06/2006) Amount. To Be Determined
ST-owners Standard Premium: To Be Determined
Sales Tax: To Be Determined
Proposed Insured: To Be Determined
ALTA Extended Coverage Loan Policy (06/2006) Amount: To Be Determined
ST-LendersExtended Premium: To Be Determined
Sales Tax: To Be Determined
Proposed Insured: To Be Determined
3. The estate or interest in the land described or referred to in this commitment is:
FEE SIMPLE
4. Title to the FEE SIMPLE estate or interest in the land is at the Effective Date vested in:
Walter I. Johnsen, also appearing of record as Walter Iver Johnsen and Cheryl Sealy Johnsen, also
appearing of record as Cheryl D. Johnsen, who acquired title as Cheryl D, Sealy, as their
respective separate estates
5. The land referred to in this Commitment is described in Exhibit A.
Rainier Title, Agent for Stewart Title Guaranty Company
By:
��
Brenda McCoy, Unit Manager
Page 1
RAINIER TITLE, LLC
EXHIBIT A
LEGAL DESCRIPTION
That portion of the Northeast quarter of Section 31, Township 22 North, Range 5 East,
W.M., in King County, Washington, lying Easterly of the Green River Road South.
Except that portion thereof lying Southerly of the following described line.
Beginning at the Southeast corner of said Subdivision;
Thence North 3044'08" East along the East line of said Northeast quarter, a distance of
1,479,60 feet to the beginning of said line,
Thence North 55°34'34" West 253.21 feet,
Thence South 85'40'10"West 514 feet, more or less, to the Easterly line of said Green
River Road South and the end of said line.
Also except that portion thereof, lying Northerly of the following described line:
Beginning at the Northeast corner of said Subdivision;
Thence South 3°44'08" West along the East line of said Northeast quarter a distance of
425.60 feet to the Beginning of said line;
Thence North 87053'58" West parallel to the North line of said Northeast quarter, a distance
of 561.54 feet;
Thence South 27021'52" East 212.97 feet;
Thence South 28°21'52" East 164.00 feet;
Thence South 70°31'08" West 496 feet, more or less, to the Easterly line of said Green
River Road South and the end of said line.
Situate in the County of King, State of Washington.
End of Schedule A
Page 2
SCHEDULE B
PART
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 IV' 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, 709452RT
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. (1) Unpatented mining claims, (J) 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 (6117/06)—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 (6/17/06) and ALTA Homeowner's Policy Of
Title Insurance (02/03/10)
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. General taxes and charges for the year 2017, which have been paid.
Amount: $5,264.39
Tax Account No.: 312205-9010-01
Levy code, 5042
Assessed value of land $229,000.00
Assessed value
of improvements: $131,000.00
Based on the Treasurer's records, the name and address of the last taxpayer is.
W. Johnsen and C. Sealey
27412 Green River Rd.
Kent, WA 98031
3. Matters relating to the questions of survey, rights of parties in possession, and
unrecorded lien rights for labor and material, if any, the disposition of which will be
furnished by supplemental report
4, 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 2F,
E-recordings:
King County: Non-excise only, 3:30 pm
Pierce County: 3:45 pm
Snohomish County: 3:30 pm Monday through Thursday, 2,30 pm Friday
NOTE: There is an additional $4.50 charge per document when E-Recording When E-
Recording documents requiring excise clearance (available in Snohomish and Pierce
Counties only), checks must be made payable to "Rainier Title". Pierce County also
charges an extra$0 50 for excise E-Recordings.
There is a$1,00 return mailing fee for King County and Snohomish County documents
and a $2.00 return mailing fee for Pierce County Documents,
Page 5
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 2F.
5. 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
6, The policy requested in the application for insurance is ALTA Homeowner's Palicy of
Title Insurance for a One-to-Four Family Residence, Said policy is not available for this
property because it is 7,93 acres. The ALTA Owner's Policy as identified in Schedule A
hereof will be issued.
7, A Manufactured Home Title Elimination Application has been recorded under Recording
No. 9101_040386. Said manufactured home is therefore classified as real estate and the
value of same will be included for title insurance coverage within the policy to issue.
8 Deed of Trust and the terms and conditions thereof,
Grantor Walter Iver Johnsen, also known as Walter I. Johnsen and
Cheryl Sealy Johnsen, also known as Cheryl D. Johnsen,
husband and wife, who acquired title as Walter I. Johnsen, a
single person and Cheryl D. Sealey, a single person
Trustee: Ticor Title Insurance Co.
Beneficiary: Watermark Credit Union
Original amount: $130,200.00
Dated, August 14, 2009
Recorded: August 19, 2009
Recording No.. 20090819000924
9. Matters of record against the vested parties, or persons with similar names.
The vested parties are Walter I Johnsen, also appearing of record as Walter Iver
Johnsen and Cheryl Sealy Johnsen, also appearing of record as Cheryl D. Johnsen, who
acquired title as Cheryl D Sealy. Numerous matters of record are found against persons
with similar names. The effects of these matters, if any, on the subject property cannot
be determined without further information.
To determine the effects of these matters, if any, on the subject property, the vested
parties must provide the company with a properly completed identity affidavits prior to the
date of recording.
After the Company examines the affidavits, a supplemental report will be issued.
10. We find no conveyances within the last 36 months.
NOTE: The Recording No. of the Deed under which title is held is: 8612240022.
11, 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 passible homestead rights, the Company may be unable to
record or to insure the transaction.
12 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.
Page 6
13ovenant to bear equal share of the cost of the construction, maintenance or repair of
W well site and pipes entered November 16, 1955 in King County Superior Court Cause
No. 484747.
1 Easement and the terms and conditions thereof:
Grantee: White River Power Company
-,— Purpose: Water rights
Area affected: a portion of said premises
Recorded: December 5, 1902
Recording No.: 248519
15Matters set forth by survey:
„ )Recorded July 2, 1984
Recording No.: 8407029003
'(116k Declaration of Covenant and the terms and conditions thereof:
Recorded: April 25, 1986
Recording No.. 8604250343
Regarding Private well
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: January 16, 1987
Recording No.: 8701160775
18. Notice of Hazard Area and the terms and conditions thereof.
Given By King Planning Services
Recorded: February 13, 1992
Recording No.: 9202131663
End of Schedule B Part II
Page 7
Additional Notes:
A. Abbreviated Legal Description: Ptn NEQ of Sec 31, T 22 N, R 5 E
B. Property Address: 27412 Green River Road S., Kent, WA 98030
C. Investigation should be made to determine if there are any service, installation, maintenance or
construction charges for sewer, water, telephone, gas, electricity or garbage and refuse collection.
D. To help conserve natural resources, we will automatically issue the forthcoming original policy(ies)
electronically. Please provide us with a current e-mail address for the new owner and/or lender prior to
closing or by emailing thtilleke2mGr2tl7deriukle.ccrcr7. A hard copy version may be issued upon request.
E. Unless otherwise requested, the forms of policy to be issued in connection with this commitment will be
ALTA 2006 policies, or in the case of standard lender's coverage, the CLTA Standard Coverage Policy
—2006. The Owner's policy will automatically include the Additional Coverage Endorsement, when
applicable, at no additional charge. The Policy committed for or requested may be examined by inquiry
at the office which issued the commitment. A specimen copy of the policy form(s) referred to in this
commitment will be furnished promptly upon request.
F. In the event that the commitment jacket is not attached hereto, all of the terms, conditions and
provisions contained in said jacket are incorporated herein. The commitment jacket is available for
inspection at any company office.
G. The policy(s) of insurance may contain a clause permitting arbitration of claims at the request of either
the insured or the company. Upon request, the company will provide a copy of this clause and the
accompanying arbitration rules prior to the closing of the transaction.
Page 8
STG Privacy Notice 2 (Rev 01/26109) Independent Agencies and Unaffiliated Escrow Agents
WHAT DO/DOES THE RAINIER TITLE LLC AND STEWART TITLE GUARANTY COMPANY DO
WITH YOUR PERSONAL INFORMATION?
Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable
state law regulations also require us to tell you how we collect, share, and protect your personal information Please read this notice
carefully to understand how we use your personal Information This privacy notice is distributed on behalf of Rainier Title LLC and
Stewart title Guaranty Company and its affiliates (the Stewart T, le Companies), pursuant to Title V of the Gramm-Leacn-Bliley Act
(GLBA).
The types of personal information we collect and share depend on the product or service that you have sought though us This
information can include social security numbers and driver's license number
All financial companies, such as Rainier Title LLC and Stewart Title Guaranty Company, need to share customers' personal
information to run their everyday business—to process transactions and maintain customer accounts. In the section below, we list the
reasons that we can share customers personal information, the reasons that we choose to share and whether you can limit this
sharing
Reasons We etfrnshare y6ttr,peraonal Informatloh. ; °%.''Do we'sri'ara? Can you"limit 4hlsehartitg7..
For our everyday business purposes— to process your transactions and
maintain your account This may include running the business and managing Yes No
customer accounts, such as processing transactions mailing.. and auditing
services, one responding to court orders and legal investigations
For our marketing purposes—to offer our products and services to you Yes No
Forjoint marketing with other financial companies No We don't share
For our affiliates' everyday business purposes—information about your
transactions and experiences Affiliates are companies related by common Yes No
ownership or control They can be financial and nonfinancial companies.
For our affiliates'everyday business purposes—information about your No We don share
creditworthiness.
For our affiliates to market to you Yes No
For nonaffiliates to market to you. Nonaffiliates are companies not related by No We don't share
common ownership or control. They can be financial and nonfinancial companies.
VVe may disclose your personal information to our affiliates or to nonaffiliates as permitted by law, If you request a transaction with a
nonaffiliate, such as a third party Insurance company, we will disclose your personal Information to that nonefflliate We do not control
their subsequent use of informal on, and suggest you refer to their privacy notices
Z'vi. f,. //, 0'/ ,e l/7" /,,si,/ , ?7"i �.,`. i 'ye 1, �0 /i�
rr/ is//�/.,' /,�lr l'. /✓�///.,rG ///v % '.,. i , ,,, i///��.,i/ i, /�„ 'i 1. / ,i,✓l Jl( ,,,,/� ii,,n."
Sh4r(ri Y CIIC6Y, %i%�U,//f/ / v,J� /u ,/ ... i/u//%/ ir;%i/, N, l/ %6,ir / ,/,/l ii/,�r i i,../ / /1/,i//� OA / �,r i/,ii. /// r.i/iir0.////r / ii/ /iI
rairnvi�rrMW T�Ll,�lr ilk/ �N/�/,,,i o ii/1111,0 , %/�/�% .11�u/%/%/ ��/ ����//G 1l% i!
How often do/does Rainier Title LLC and We must notify you about our sharing practices when you request a transaction.
Stewart Title Guaranty Company notify me
about their practices?
How doldoes Rainier Title LLC and Stewart To protect your personal information from unauthorized access and use, we use
Title Guaranty Company protect my security measures that comply with federal and state law. These measures include
personal information? computer, file and building safeguards JI
CHow outdoes Rainier Title LLC and Stewart We collect your personal Information, for example, when you
11 Title Guaranty Company collect my
personal information? request insurance-related services
provide such Information to us
We also collect your personal information from others, such as the real estate
agent or lender involved in your transaction.. credit reporting agencies, affiliates or
I other companies
What sharing can I limit? Although federal and state law give you the right to Ilmit sharing (eg opt out) in
certain instances, we do not share your personal information in those instances,
i/ 'r/;my I! fir 1 fr i1%1
1 �II�� If you have any questions about this privacy notice, please contact us at Stewart Title Guaranty
,�inooll,� rW rl 1j� � Company, 1980 Post Oak Blvd Privacy Officer, Houston, Texas 77056
Page 9
RAINIERTITLE
Order No. 709452RT
f
i
.�d n
f
This sketch is provided without charge, for your information. It is not intended to show all matters related to the
property including, but not limited to: area, dimensions, easements, encroachments or location of boundaries,
It is not a part of, nor does it modify, the commitment/policy to which it is attached. The Company assumes NO
LIABPLITY for any matter related to this sketch. Reference should be made to an accurate survey for further
information.
Page 10
COMMITMENT FOR TITLE INSURANCE
Issued By
IN
•�..�,,
v
RAI N I E RTITL
Stewart Title Guaranty Company
e :
stew
Vetted and verI ied.
Form 1004-251D (Rev.06/2006) ORIGINAL
Page 11
Stewart Title Guaranty Company, herein called the Company, for a valuable consideration, commits
to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed
Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described
or referred to in Schedule A, upon payment of the premiums and charges and compliance with the
Requirements, all subject to the provisions of Schedules A and B and to the Conditions of this
Commitment.
This Commitment shall be effective only when the identity of the Proposed Insured and the amount of
the policy or policies committed for have been inserted in Schedule A by the Company.
All liability and obligation under this Commitment shall cease and terminate six months after the
Effective Date or when the policy or policies committed for shall issue, whichever first occurs,
provided that the failure to issue the policy or policies is not the fault of the Company.
The Company will provide a sample of the policy form upon request.
This Commitment shall not be valid or binding until countersigned by a validating officer or authorized
signatory.
Stewart Title Guaranty Company
NOTE: THE POLICY COMMITTED FOR MAY BE EXAMINED BY INQUIRY AT THE
OFFICE OF
RAINIER TITLE
AND A SPECIMEN COPY OF THE POLICY FORM (OR FORMS) REFERRED TO IN
THIS COMMITMENT WILL BE FURNISHED PROMPTLY UPON REQUEST.
RAINIER TITLE IS AN ISSUING AGENT FOR
Stewart Title Guaranty Company
COMMITMENT CONDITIONS AND STIPULATIONS
1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument
2. If the proposed Insured has or acquired actual knowlecge of any defect, lien, encumbrance, adverse claim or other
matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in
Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be
relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is
prejudiced by failure to so disclose such knowledge If the proposed Insured shall disclose such knowledge to the
Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse
claim or other manner, the Company at its option may amend Schedule B of this Commitment accordingly, but such
amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these
Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties
included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred
In reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate
exceptions shown in Schedule B: or (c) to acquire or create the estate or interest or mortgage thereon covered by this
Commitment In no event shall such liability exceed the amount stated in Schedule A for the policy or policies
committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the
Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are
hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein.
4_ This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of
the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against
the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon
covered by this Commitment must be based on and are subject to the provisions of this Commitment.
5. The policy to be issued contains an arbitration clause. All Arbitrable matters when the Amount of Insurance is
$2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of
the parties. You may review a copy of the arbitration rules at http,//www
Page 12
SCHEDULE OF EXCLUSIONS FROM COVERAGE
The matters listed below each policy form are expressly oxoluded from the coverage of that policy and Ina Corn pan will not pay lass or damage costs.attorneys'
fees or expenses which arise by reason thereof
(a) created, suffered. assumed, or agreed to by the Insured
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY(6117106) Claimant,
1. (a) Any law, ordinance, permit, or governmental regulation (b) not Known to the Company, not recorded in the Public
(Including those relating to building and zoning) restricting, Records at Date of Policy, but Known to the Insured
regulating, prohibition,or relating to Claimant and not disclosed in writing to the Company by
(i) the occupancy,use,or enjoyment of the Land, the Insured Claimant prior to the date the Insured
(11) the character, dimensions, or location of any Claimant became an Insured under this policy,
improvement erected on the Land, (c) resulting in no loss or damage to the Insured Claimant:
(iii) the subdivision of land;or (d) attaching or created subsequent to Date of Policy
(iv) environmental protection', (however, this does not modify or limit the coverage
or the effect of any violation of these laws, provided under Covered Risk 9 and 10, or
ordinances, orgovernmental regulations, This (e) resulting in less or damage that would not have been
Exclusion l(al does not modify or limit the coverage sustained if the Insured Claimant had paid value for the
provided under Covered Risk 5. Title.
(b) Any governmental police power. This Exclusion 1 @)does 4. Any claim, by reason of the operation of federal bankruptcy,
not modify or limit the coverage provided under Covered Risk state insolvency, or similar creditors' rights laws, that the
6. transaction vesting the Title as shown in Schedule A, is
2. Rights of eminent domain. This Exclusion does not modify or (to a fraudulent conveyance or fraudulent transfer',or
Ilmit the coverage provided under Covered Risk 7 or 8 (e) a preferential transfer for any reason not slated In
3 Defects,liens,encumbrances, adverse claims,or other matters Covered Risk 9 of this policy
(a) created, suffered, assumed, or agreed to by the Insured 5. Any lien on the Title for real estate taxes or assessments
Claimant; imposed by governmental authority and created or attaching
(b) not Known to the Company, not recorded in the Public between Dale of Policy and the date of recording of the deed or
Records at Date of Policy. but Known to the Insured other instrument of transfer in the Public Records that vests
Claimant and not disclosed in writing to the Company by Title as shown in Schedule A.
the Insured Claimant prior to the date the Insured AMERICAN LAND TITLE ASSOCIATION HOMEOWNER'S
Claimant became an Insured under this policy, POLICY OF TITLE INSURANCE FOR A ONE-TO-FOUR FAMILY
(c) resulting in no loss or damage to the Insured Claimant, RESIDENCE(12102113)
attaching or created subsequent to Dale of Policy In addition to the Exceptions in Schedule P,You are not insured
(however, this does not modify or limit the coverage against loss,costs,attorneys'fees,and expenses resulting from.
provided under Covered Risk 11, 13, or 14), 1.Governmental police power,and the existence or violation of
or those portions of any law or government regulation concerning:
(d) resulting in loss or damage that would not have been a.building,
sustained if the Insured Claimant had paid value for the It.zoning,
Insured Mortgage_ c.land use;
4. Unenforceability of the lien of the Insured Mortgage because of J.improvements on the Land,
the inability or failure of an Insured to comply with applicable e.land division;and
doing-business laws of the state where the Land is situated, F environmental protection.
5. Invalidity or unenforceability in whole or in part of the lien of the This Exclusion does not limit the coverage described in Covered
Insured Mortgage that arises out of the transaction evidenced Risk 8.a„ 14.15, 16, 18,19,20,23 or 27,
by the Insured Mortgage and is based upon usury or any 2.The failure of Your existing structures,or any part of them,lobe
consumer credit protection or truth-in-lending law constructed in accordance with applicable building codes.This
6 Any claim, by reason of the operation of federal bankruptcy, Exclusion does not limit the Coverage described in Covered Risk
state insolvency, or similar creditors' rights laws, that line 14 or 15.
transaction creating the lien of the Insured Mortgage,is 3.The right to take the Land by condemning it.This Exclusion does
(a) a fraudulent conveyance or fraudulent transfer,or net limit the coverage described in Covered Risk 17,
(b) a preferential transfer for any reason not stated in Covered 4 Risks:
Risk 13(b)of this policy a that are created,allowed,or agreed to by You,
7 Any lien on the Title for real estate taxes or assessments whether or not they are retarded in the Public
imposed by governmental authority and created or attaching Records,
between Date of Policy and the date of recording of the Insured b.that are Known to You at the Policy Date,but not to
Mortgage in the Public Records This Exclusion does not Us,unless they are recorded in the Public Records at
modify or limit the coverage provided under Covered Risk the Policy Date;
11(th c.that result in no loss to You;or
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY d.that first occur after the Policy Date-this does not limit
(6117/06) the coverage described in Covered Risk 7,8.e.,25,
1. (a) Any law, ordinance, permit, or governmental regulation 26, 27 or 28
(including those relating to building and zoning) restricting, 5, Failure to pay value for Your Title..
regulating, prohibiting,or relating to 6.Lack of a right.
(1) the occupancy,use or enjoyment of the Land, a, to any land outside the area specifically described and
(it) the character, dimensions, or location of any referred to in paragraph 3 of Schedule A;and
improvement erected on the Land; b.in streets,alleys,or waterways that touch the Land.
(iii) the subdivision of land,or This Exclusion does not limit the coverage described in Covered
(iv) environmental protection, Risk 11 or 21
or the effect of any violation of these laws ordinances,or 7,The transfer of the Title to You Is Invalid as a preferential transfer
governmental regulations. This Exclusion l(a)does not or as a fraudulent transfer or conveyance under federal
modify or limit the coverage provided under Coveted Risk bankruptcy,state insolvency,or similar creditors'rights laws.
5_ SCHEDULE 8 GENERAL EXCEPTIONS
(b) Any govemmental police power. This Exclusion 1(b)does The matters listed below each policy form are expressly excepted
not modify or limit the coverage provided under Covered Risk from the coverage of that policy and that policy does not insure
6- against loss or damage (and the Company will not pay casts,
2. Rights of eminent domain, This Exclusion does not modify or attorneys'fees or expenses)which arise by reason thereof.
limit the coverage provided under Covered Risk 7 or 6.
3. Defects,liens,encumbrances,adverse claims,or other matters
Page 13
SCHEDULE B EXCEPTIONS APPEARING IN ALTA OWNER'S
POLICY-STANDARD COVERAGE AND ALTA LOAN POLICY-
STANDARD COVERAGE
1. Taxes or assessments which are not shown as existing liens by
the public records.
2_ (1) Unpatented mining claims, (id 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), (li), & (Ili) 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 Unites States Government, or riparian rights,if
any.
SCHEDULE B EXCEPTIONS APPEARING IN ALTA OWNER'S
POLICY-EXTENDED COVERAGE
1 Taxes or assessments which are not shown as existing liens by
the public records.
2, (1) Unpatented mining claims, (id 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), &(Ill) 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 litles or rights asserted by anyone,including but not limited
to persons, corporations, governments, or other entities, to
tidelands, or lands comprising the shores or bottoms of
navigable rivers, lakes, bays, ocean or gulf, or lands beyond
the line of the harbor or bulkhead lines as established or
changed by the Unites States Government, or riparian rights, if
any.
SCHEDULE B EXCEPTIONS APPEARING IN ALTA LOAN
POLICY(61171D6)and ALTA HOMEOWNER'S POLICY OF TITLE
INSURANCE(12102113)
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 14
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Rolcik-Wilcox, Cheryl
From: Martindale, Delores
Sent: Tuesday, June 12, 2018 11:07 AM
To: Rolcik-Wilcox, Cheryl
Subject: FW: Executive Session Motion
From: Viseth, Cheryl
Sent: Tuesday, June 12, 2018 11:00 AM
To: Anderson, Philip; Martindale, Delores
Subject: FW: Executive Session Motion
From: Komoto, Kim
Sent: Tuesday, June 12, 2018 10:59 AM
To: Viseth, Cheryl
Subject: Executive Session Motion
Here you go!
Councilmember Higgins moved to authorize the Mayor to sign all necessary documents
to complete the purchase of the Johnsen-Sealy property located at 27412 Green River
Road, in an amount not to exceed $610,000, plus reasonable closing costs, subject to
approval of the final terms and conditions by the City Attorney and Public Works
Director, seconded by councilmember Fincher. The motion passed unanimously with a
vote of 5-0.
Thanks,
Kimberley A. Komoto, City Clerk
Office of the City Clerk
220 Fourth Avenue South, Kent, WA 98032
Phone 253-856-5728 1 Fax 253-856-6725
Kkomgto@KentWA.gpy
CITY OF KENT, WASHINGTON
KentWA.aov V"'qwceb(siiollk YouTube
A11..EASEE C01114SVIDE11111 V 11111;,1 JA'F011Z1 PRIP4111 T11w413 "'11 11 II1S IE..II'JA'N'N',11
REQUEST FOR, MAYOR'S SIGINATURE
+NT Print on Cherry-Colored Paper
KE
N., Routing Information:
(ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Approved by Director
...........m......
Originator: Philip Anderson/Design Eng. Phone (Originator): x5587
Date Sent: June 8, 2018 Date Required: June 13, 2018
Return Signed Document to: Philip Anderson Contract Termination Date: N/A
. ....m._...................................... ..............
VENDOR NAME: Date Finance Notified:
Walter I Johnsen and Cheryl Sealy Johnsen (Only required on contracts N/A
122,gg2 sand over or ari any Grant)
DATE OF COUNCIL APPROVAL: 6�5�1$ Date Risk Manager Notified:N/A
(Required on Non-City Standard Contracts/Aareements)
Has this Document been Specifics] Account Number: D20086
Authorized in the Budget? YE5 • NO _
..................m.................................
—
Brief Explanation of Document:
This is a Real Estate Purchase and Sale Agreement for of the Johnsen-Sealy property
located at 27412 Green River Road, in the amount of $610,000.00, plus reasonable
closing costs for the Upper Mill Creek Reestablishment Project.
All Contracts Must Be Routed Through The Law Department
(This area to be completed by the Law Department)
Received:
Approval of Law Dept,:
Law Dept. Comments:
Date Forwarded to Mayor:
Shaded Areas To Be Completed By Administration Staff
Received:
Recommendations and Comments:
Disposition:
Date Returned:
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