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HomeMy WebLinkAbout991RESOLUTION NO. ~ A RESOLUTION of the City Council of the City of Kent, Washington, authorizing acquisition of certain real property within the City of Kent and authorizing execution of appropriate documents relative to said acquisition. WHEREAS, the City of Kent has previously adopted a Comprehensive Park Plan; and WHEREAS, the plan provides for acquisition and or development of park facilities in various portions of the City, including the area in the vicinity of Mill Creek Canyon; and WHEREAS, location of park facilities in said vicinity is also consistent with the Site Master Plan Update for Mill Creek Canyon Park; and WHEREAS, the City has been negotiating with a certain property owner for the acquisition of property in Mill Creek Canyon, said property being described in Real Estate Purchase Agreement attached hereto and incorporated herein by reference; and WHEREAS, said acquisition is in the best interest of the citizens of the City of Kent; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: Section l. Acquisition is authorized of that certain real property described in Real Estate Purchase Agreement attached hereto and incorporated herein by reference, and the Mayor of the City of Kent be and hereby is authorized to execute on behalf of the City the aforesaid document. Section 2. The Mayor is further authorized to execute on behalf of the City of Kent any other documents required to be signed by the City of Kent relating to said real property acquisition. Section 3. Authority be and hereby is granted for the appropriation of funds from the Mill Creek Canyon Park Improvement Fund under the terms of the Real Estate Purchase Agreement, escrow instructions, or any other obligations incurred by the City of Kent in connection with acquisition of the above described property. PASSED at the Kent City Council meeting this 4th day of April, 1983. CONCURRED IN by the Mayor th" ATTEST: APPROVED AS TO FORM: I hereby certify that this is a true copy of Resolution N 7°1 ;., d 0 o. passe by the C1ty Council of the City of Kent, the 4th day of April, 1983. SAFECOe TITLE INSURANCE COMPANY 1109 SECOND AVENUE SEATTLE, WASHINGTON 98101 623-0870 EARNEST MONEY RECEIPT AND AGREEMENT (Non-residential Form) Kent , Washington, March 18 19 83 RECEIVED FROM __ T~h~e:______:C::-=i~t:..lyl-:::'O~f~K~e~n~t=:_ _______ ---,-,==:::-:-::====------------------ Hereinafter called "Purchaser" Ten and No/100 DOLLARS($ 10.00 in the form of check for $ 1 0 • 0 0 , Cash for$ ________ , Note for$, ______ _ , due King , paid or deli~ered to agent as earnest money Kent in part payment of the purchase price of t~e foll~wing described real estate in the City of ___ _____::==-=-----. County of , Washington; Commonly known as (The parties hereto hereby authorize agent to insert over their signatures the correct legal description of the above designated property if una~ailable at time of signing, or to correct the legal description entered if erroneous or incomplete.) Refer to Exhibit A attached and made a part hereto. TOTALPURCHASEPRICEIS SIXTEEN THOUSAND FIVE HUNDRED AND N0/100 ($ 16 , 50 0 • 0 0 ), payable as follows: Ten dollars down and balance at closing. This transaction is entirely contingent upon the approval City Council of Kent. If they deny this transaction, earnest money will be returned. taxes, assessmens, 1. Title of seller is to be free of encumbrances, or defects, iK~ inc 1 uding/ chargeS in 1 ieu 0 f latecomer agreements. and assessments of the and/or Rights reserved in federal patents or state deeds, building or use restrictions general to the district, and building or zoning regulations or provisions shall not be deemed encumbrances or defects. Encumbrances to be discharged by seller may be paid out of purchase money at date of closing. Chic a q 0 2. Seller agrees to furnish and deliver to office of closing agent as soon as procuroble a standard form purchaser"s policy of title insurance or report preliminary thrreto issued by~M:KTittllnsurance Com- pany, e CalilerAia •••~oralion, and seller authorizes agent to apply at once for such title insurance. The title policy to be issued shall contain no exceptions other than those pro~ided for in said standard form plus encumbrances or defects noted in Paragraph 1 above. Delivery of such policy or title report to closing agent named herein shall constitute delivery to purchaser. If title is not so insurable as above provided and cannot be made so insurable by t•rrnination date set forth in Paragraph 8 hereof. earnest money shall be refunded and all rights of purcttese terminated: Provided that purchaser may waive defects and elect to purchase. If title is so insurable and purchaser fails or refuses to complete purchase, the earnest money shall be forfeited as liquidated damages unless seller elects to enforce this agree- ment. The agent shall not be responsible for delivery of title. 3. If financing is required purchaser agrees to make immediate application therefor, sign necessary papers, pay required costs. and exert best efforts to procure such financing. 4. (a) If this agreement is for conveyance of fee title, title shall be conveyed by Stat ll t 0 ry Warranty deed free of encumbrances or defects except those noted in Paragraph 1. (b) If this agreement is lor sale on real estate contract seller and purchaser agree to execute a Real Estate Contract for the balance of the purchase price on Real Estate Contract Form A-1964 currently dis· tributed by title insurance companies. The terms of said form are herein incorporated by reference. Said contract shall provide that title be conveyed by Warranty Deed. If said property is subject to an existing contract or mortgage or deed of trust which seller is to continue to pay, seller agrees to pay said contract or mortgage or deed of trust in accordance with its terms, and upon default purchaser shall have right to make any payments necessary to remove the default, and any payments so made shall be applied to the payments next falling due on the contract between seller and purchaser herein. (c) If this agreement is for sale and transfer of vendee's interest under existing real estate contract, the transfer shall be by proper purchaser's assignment of contract and deed sufficient in form to convey after acquired title. 1 · 5. Taxes for the current year, rents, insurance, interest, mortgage reserves, water and other utilities constituting liens shall be prorated as of __ _____;, __ C __ O_S_J._n__,g,__ ___________ _ 6. Purchaser shall be entitled to possession on_~c~l~o=s~i:.:n=g:J._ _________________ _ 7. Purchaser offers to purchase the property in its present condition, on the terms noted. This offer is made subject to approval of the seller by midnight of March 2 0 r 19 8 3 In consideration of agent submitting this offer to seller, purchaser agrees ;_.ith the agent not to withdraw this offer during said period, or until earlier rejection thereof by seller. Purchaser agrees that written notice of acceptance given to agent by seller shall be notice to purchaser. If seller does not accept this agreement within the time spwfied, the agent shall refund the earnest money upon demand. 8. The sale shall be closed in the office of The P rope rt__y _ __l1_qnager of City of Kentwithin ----=2'---'0=---__ days after title insurance policy or report preliminary thereto is delivered showing title insurable, as above provided, or after completion of financing, if financing is called for herein. whichever is later, but in any event not later than __ 12_0_days from date of this Agreement, w~ich shall be the termination date. The purchaser and seller will, on demand, deposit in escrow wrth the ctosrng agent, all instruments and monies necessary to complete the purchase in accordance wrth this agreement, the cost of esc roll shall be pard one hall each by seller and purchaser. d 9. "'" ""'":"·': """ ., ........ "'"" '""'"' '""'" '"" ., ....... , •••• ''""'" '"'"~ • -- . ~ .... ~~L ......... ~'--------- Purchaser (Wde) Purchaser's Address 220 S. 4th, Kent, WA 98032 Purchasers warrent they are of legal age. -----------------Phone 872-3350 March 83 The undersigced seller on this day of ___ --=-:..o..:c-=--, 19--, hereby accepts and approves the above agreement and agrees to carry out all of the terms the.eof and further agrees to pay a commission of. N /A . _ Dollars($ N /A ) to the above agent for servrc"'. In the_ event earnest money rs forferted. rt sh2ll be apportroned to seller and agent equally; provrded the amount to agent dues not exceed the agreed commission_ 1/we further acknowledge receipt of 1 true copy of th•s agreement, srgned by both partres. o/·-/) /o;:;<. 03_. s r E'' "7 [? L/. ~L'~ c I J; <i -t{.t"~~"""'-..-e....-'""'"=-------- i_/ (: J 'l A. ddress 1; S.ller _L~_ tV~ . 5_\!-LS/.__,_,0'-'-3"L_._C____I______ ·-~;--;:;-c-;-;--------- Seller (Wdd . I~ /~!·I ~)~ A true rop1 of the foregorng agrwnent, >rgned by the seller, is hereby rewved on thrs-----1-'-'--dey of ___ f,_~k_-'-' .. 19 ~ 1_ j j} r:::t:J i!'/; z 7'' ;Z ILZ2;t_~~ -___.,.-I .,rLh<l~er ~ - ----~----- ,, I ~~ l ';.,I(') • EXHIBIT "A" That portion of the West 170.00 feet of the East 700.00 feet of the North 195.00 feet of the Northwest quarter of the Southwest quarter of Section 29, Township 22 North,· Range 5 East, W.M., in King County, Washington; Except portion for County Road and hereinafter referred to as Parcel 11 A11 described as follows: PARCEL "A" Beginning at the Southeast corner of the above described property; said point being the True Point of Beginning; thence in a Northwesterly direction to a point on the East line of the West 85.00 feet of said property and distant North 95.00 feet when measured from the South line of the North 195.00 feet of said property; thence Northerly along the East line thereof to a point on the North line of said property which lies a distance of 85.00 feet East when measured from the North- west corner of said property; thence Westerly along said North line thereof a distance of 85.00 feet to the Northwest corner thereof; thence Southerly parallel to the West line of said property; a distance of 195.00 feet; thence Easterly parallel to the North line of said property a distance of 170.00 feet to the True Point of Beginning. Together with an easement for ingress, egress and utilities described as follows: Beginning at a point at the Northeast corner of said Parcel 11 A11 , said point being the True Point of Beginning of easement herein described thence Southerly along the East line of said Parcel "A" a distance of 25.00 feet; thence Easterly parallel to the North line of the Northwest quarter of Southwest quarter of said Section to a point on the Westerly margin of S.E. 264th Street; thence Northwesterly along the Westerly margin thereof to the North line of said Northwest quarter of the Southwest quarter; thence Westerly along the North line of said Northwest quarter'of the Southwest quarter to the True Point of Beginning. 1,. 1\ ' .