HomeMy WebLinkAboutCAG2020-104 - Original - Yevgeni Ostrovski - Purchase Ostroviski Property Parcel No. 543620-0851 - Signature Point Levee Project - 04/01/2020 400 Agreement Routing For
KEN T For Approvals,Signatures and Records Management
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This form combines k replaces the Request for Mayor's Signature and Contract Cover Sheet forms.
(Print on pink or cherry colored paper)
a,
Originator: Cheryl Rolcik-Wilcox Department: Public Works
Date Sent: 4/1/20 Date Required: 4/7/20
o Authorized Director or Designee Date of 3/3/20 _
o, to Sign: Council
IL Mayor Approval:
Budget ; D20085 Grant? Yes No
Account
Number: j Type: N/A
Vendor
Name: Yevgeni Ostrovski Category: Purchase/Sale
i Vendor
C Sub-Category
o Number.-
Project
Name:
0 Signature Point Levee Project
c Project Acquisition of Ostrovski property for levee project
e: Details:
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Agreement B ssa rr or
g $70,000 Selection of
Amount.
Contractor.
CA
Start Date: Termination Date:
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Notice required prior to yes No Contract Number:
disclosure?
Date Received by CityAttorney: Comments:
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RECEIVED OK to sign.4/1/2020. TW
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FA
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p! Date Routed to the Mayor's Office:
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0 Date Routed to the City Clerk's Office:
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Visit Documents.KentWA.Sov to obtain copies of all agreements
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REAL ESTATE PURCHASE AND SALE AGREEMENT
WITH EARNEST MONEY PROVISION
This Agreement for the sale and purchase of real property is entered between
the CITY OF KENT, a Washington municipal corporation ("Buyer"), whose mailing
address is 220 41h Avenue South, Kent, Washington 98032-5895, and YEVGENI
OSTROVSKI ("Seller"), whose mailing address is below:
Yevgeni Ostrovski
C/O Law Offices of Maxim Lissak, PLLC
400 112th Ave NE Suite 140
Bellevue, WA 98004 ,
1. PROPERTY. The Property, which Buyer agrees to buy and Seller agrees
to sell under threat of condemnation, is known as King County Tax Parcel Number
543620-0851, approximately 3,273 square feet in size and located at 6828 S. 251St
Street, Kent, WA (the "Property"). The Property is legally described in Exhibit "A"
and depicted in Exhibit "B", attached hereto and incorporated herein by this
reference.
2. EARNEST MONEY. Within 10 working days of mutual acceptance of
this Agreement, Buyer shall deposit with Ticor Title Insurance Company (the "Escrow
Agent") located at 11400 SE 8th Street Suite #110, Bellevue, WA 98004, the sum of
Five Thousand Dollars and NO/100ths ($5,000.00) in the form of a 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
Seventy Thousand Dollars and NO/100ths ($70,000.00), which amount includes the
Earnest Money, payable on Closing.
Buyer's Initials up—) Seller's Initials Seller's Initials
Real Estate Purchase and Sale Agreement Page 1 of 8
4. CONTINGENCIES. This Agreement is contingent upon the Buyer
authorization set forth in Section 18 of this Agreement and the other contingencies
provided for throughout this Agreement. Should any of the contingencies not be met
prior to Closing, then this Agreement shall terminate and neither Buyer nor Seller
shall have any further rights, duties or obligations hereunder, except that the Earnest
Money in Escrow shall be immediately returned to Buyer.
5. CONVEYANCE AND CONDITION OF TITLE. The title to the Property
shall be conveyed by Seller to Buyer at Closing by Statutory Warranty Deed, free and
clear of all liens, encumbrances or defects except those described in Schedule B, Part
II, Special Exceptions paragraph(s) 1 and 10 through 16 of Fifth Report, Rainier Title
Report Number 710130RT, described in Exhibit '"C", attached hereto and
incorporated herein by this reference. All other special exceptions therein are to be
removed from the Property on or before Closing. General exclusions and exceptions
common to the area and not materially affecting the value of or unduly interfering
with Buyer's reasonable use of the Property shall be permitted. All monetary
encumbrances and special exceptions listed in Exhibit "C", other than those
specifically noted above, are to be removed from the Property on or before Closing.
6. TITLE INSURANCE. At Closing, Buyer shall cause Ticor Title Insurance
Company, who is also serving as Escrow Agent, to issue standard coverage owner's
policy of title insurance to Buyer in an amount equal to the total purchase price of
the Property. For purposes of this Agreement, the following shall not be deemed
encumbrances or defects: encumbrances described in Exhibit '"C" Schedule B, Part
II, Special Exceptions paragraph(s) 1 and 10 through 16 of Fifth Report, Rainier Title
Report Number 710130RT; rights reserved in federal patents or state deeds; building
or use restrictions consistent with current zoning and utility; and road easements of
record. If title cannot be made so insurable prior to Closing, unless Buyer elects to
waive such defects or encumbrances, this Agreement shall terminate and the
Earnest Money shall be returned to Buyer.
Buyer's Initials (5 v Seller's Initials 4 Seller's Initials
Real Estate Purchase and Sale Agreement Page 2 of 8
7. CLOSING COSTS AND PRO-RATIONS. The escrow fee, and Excise
Tax, if applicable, shall be paid by Seller, except for those fees which are expressly
limited by Federal Regulation. Buyer shall pay all recording costs, title insurance
premium, the costs of any survey, and the fees and expenses of its consultants.
Taxes for the current year, rents, interest, water, sewer and other utility charges, if
any, shall be paid by Seller, and prorated as of the day of Closing, unless otherwise
agreed.
S. CLOSING OF THE SALE. WITH THE UNDERSTANDING THAT TIME IS
OF THE ESSENCE FOR THIS AGREEMENT, this sale shall be closed within ninety (90)
days of the date of mutual acceptance of this Agreement, which shall also be the
termination date of this Agreement, unless said Closing date is extended in writing
by mutual agreement of the parties. When notified, the Buyer and Seller will deposit,
without delay, in escrow with Escrow Agent, all instruments and monies required to
complete the transaction in accordance with this Agreement. Closing, for the
purpose of this Agreement, is defined as the date that all documents are executed
and the sale proceeds are available for disbursement to the Seller.
9. CASUALTY LOSS. If, prior to Closing, improvements on the Property
shall be destroyed or materially damaged by fire or other casualty, this Agreement,
at option of the Buyer, shall become null and void.
10. POSSESSION.
(a) Buyer shall be entitled to possession on Closing;
(b) Upon mutual execution of this Agreement, Seller grants Buyer access to
the Property for purposes of allowing non-invasive testing such as
topographic surveying, and soil boring (collectively referred to as
'Testing"). All costs of Buyer's Testing shall be at the sole cost and
expense of Buyer. Buyer shall, to the extent reasonably practicable,
restore the Property to a condition similar to its condition prior to
Testing. Buyer will clean up and remove any materials and equipment
connected with its Testing on the Property. To the maximum extent
Buyer's Initials Seller's Initials 1 Seller's Initials
Real Estate Purchase and Sale Agreement Page 3 of 8
provided by law, Buyer shall defend, indemnify, and hold harmless
Seller, Seller's agents, employees and assigns from all costs, claims,
loss, damages, penalties, fines, attorney fees and expenses resulting
from Buyer's or Buyer's contactors and consultants occupation, work,
testing, drilling or use of the Property under this Agreement, except for
injuries and damages caused by the negligence of Seller. For the sole
purpose of enforcing and effectuating this indemnity and not for the
benefit of Buyer's employees or any third party, Buyer specifically and
expressly waives any immunity that may be granted to it under any
workers compensation laws, disability benefits act or other employee
benefit acts (Title 51 RCW or otherwise).
11. SELLER'S REPRESENTATIONS. Seller represents:
(a) that Seller will maintain the Property in present or better condition until
time of agreed possession;
(b) that Seller has no knowledge of notice from any governmental agency
of any violation of laws relating to the Property except:
(c) that if the Property is leased, Seller will provide copies of each and every
lease to Buyer within one working day upon request.
12. SELLER'S ENVIRONMENTAL REPRESENTATIONS. Seller represents
that, to the best of Seller's knowledge, Seller is not aware of the existence of, or has
caused or allowed to be caused, any environmental condition (including, without
limitation, a spill, discharge or contamination) that existed as of and/or prior to
Closing or any act of omission occurring prior to Closing, the result of which may
require remedial action pursuant to any federal, state or local law or may be the basis
for the assertion of any third party claims, including claims of governmental entities.
This provision shall survive Closing and be in addition to Seller's obligation for breach
of a representation or warranty as may be set forth herein.
Buyer's Initiala,�) Seller's Initials IFI- Seller's Initials
Real Estate Purchase and Sale Agreement Page 4 of 8
13. SELLER'S INDEMNITIES: Seller agrees to defend, indemnify, and
hold harmless the Buyer, against and in respect of, any and all damages, claims,
losses, liabilities, judgments, demands, fees, obligations, assessments, and expenses
and costs, including, without limitation, reasonable legal, accounting, consulting,
engineering and other expenses which may be imposed upon or incurred by Buyer,
or asserted against Buyer, by any other party or parties (including, without limitation,
a governmental entity), arising out of or in connection with any environmental
condition existing as of and/or prior to Closing, including the exposure of any person
to any such environmental condition, regardless of whether such environmental
condition or exposure resulted from activities of Seller or Seller's predecessors in
interest. This indemnity shall survive Closing and be in addition to Seller's obligation
for breach of a representation or warranty as may be set forth herein.
14. DEFAULT AND ATTORNEY'S FEES.
(a) Buyer's Default. If Buyer defaults hereunder, Seller's sole remedy shall
be limited to damages against Buyer in the liquidated amount of the
Earnest Money previously paid by the Buyer. Buyer and Seller intend
that said amount constitutes liquidated damages and so as to avoid
other costs and expenses to either party in connection with potential
litigation on account of Buyer's default. Buyer and Seller believe said
amount to be a fair estimate of actual damages.
(b) Seller's Default. If Seller defaults hereunder, Buyer shall have all the
rights and remedies available at law or in equity.
(c) Attorney's Fees and Costs. In the event of litigation to enforce any of
the terms or provisions herein, each party shall pay all its own costs and
attorney's fees.
15. NOTICE TO SELLER. This form contains provisions for an agreement
for the purchase and sale of real estate. Buyer makes no warranty or representation
of any kind that this form, or any of its provisions, is intended to meet the factual
and legal requirements of a particular transaction, or that it accurately reflects the
laws of the State of Washington at the time Seller enters into the Agreement. THIS
Buyer's Initials_-Q� seller's Initials 7 Seller's Initials
Real Estate Purchase and Sale Agreement Page 5 of 8
AGREEMENT HAS SIGNIFICANT LEGAL AND FINANCIAL CONSEQUENCES. SELLER IS
ADVISED TO SEEK INDEPENDENT LEGAL AND FINANCIAL COUNSEL REGARDING
THESE CONSEQUENCES.
16. 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.
17. 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:
City of Kent
Attn: Cheryl Rolcik-Wilcox
Property & Acquisition Analyst
220 Fourth Avenue South
Kent, WA 98032
CRolcik-Wilcox@KentWA.gov
Fax: 253-856-6500
And to:
City of Kent
Attn: City Clerk
220 Fourth Avenue South
Kent, WA 98032
CityClerk@KentWA.gov
Fax: 253-856-6725
(b) All notices to be given to Seller shall be addressed as follows:
Yevgeni Ostrovski
C/O Law Offices of Maxim Lissak, PLLC
400 1121h Ave NE Suite #140
Bellevue, WA 98004
(c) All notices to be given to Escrow Agent shall be addressed as follows:
Ticor Title Insurance Company
11400 SE 81h Street, Suite #110
Bellevue, WA 98004,
Buyer's Initials, Seller's Initials Sellers Initials
Real Estate Purchase and Sale Agreement Page 6 of 8
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.
18. CITY COUNCIL ACTION REQUIRED. Seller acknowledges that the
closing of the transaction contemplated by this Agreement (the "Closing") is
expressly conditioned on the Kent City Council (the "City Council") granting its
authorization for the City to buy the Property under the terms of this Agreement
("Council Authorization"), which may or may not be granted in the City Council's sole
discretion. The City of Kent shall not be liable or obligated for any burden or loss,
financial or otherwise, incurred by Seller as a result of the City Council's modification
of the final terms and conditions of this Agreement, or the City Council's failure to
grant the Council Authorization.
(a) Seller's Waiver. Seller expressly waives any claim against the City of
Kent and its elected officials, officers, employees, representative and
agents for any burden, expense or loss which Seller incurs as a result of
the City Council's failure to grant the Council Authorization.
19. 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.
20. 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.
21. 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.
Buyer's Initials Seller's Initials � Seller's Initials
Real Estate Purchase and Sale Agreement Page 7 of 8
22. EXPIRATION OF OFFER. Seller shall have only until 5:00 pm on
, to accept the Agreement as written,
by delivering a signed copy thereof to the Buyer or Buyer's agent. If Seller does not
so deliver a signed copy within said period, this Agreement shall lapse and all right
of the parties hereunder shall terminate.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date set forth below.
BUYER:
CITY OF KENT
7DOA.k�=
Name: Dana Ralph
Title: Mayor l
Dated
SELLER:
Name: Yevgeni Ostrovski
Dated: Mar 28,2020
Buyer's Initials/ Seller's Initials Seller's Initials
Real Estate Purchase and Sale Agreement Page 8 of 8
EXHIBIT A
LEGAL DESCRIPTION
The Westerly 132 feet of the following described lands:
That portion of Tract 43, Supplemental Plat of Meeker's First Addition to the Town of Kent,
according to the plat thereof recorded in Volume 5 of Plats, page 96, records of King
County, Washington, described as follows:
Beginning at the intersection of the North line of said Tract 43 with the centerline of
Secondary State Highway No. 5-M;
Thence Southerly along the centerline of said highway 1316 feet to the True Point of
Beginning;
Thence Westerly parallel to the North line of said Tract 43, a distance of 383 feet;
Thence Southerly parallel to the centerline of said Secondary State Highway No. 5-M to the
Northerly line of a county road;
Thence Southeasterly along said road line to the centerline of said Secondary State
Highway No. 5-M;
Thence Northerly along said centerline to the True Point of Beginning;
Except the East 33 feet thereof.
Situate in the County of King, State of Washington.
4,T (Mar 28,2020)
Mar 28,2020
Page 2
w
,.
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EXHIBIT B
Vevge trovski(Mar 28,2020)
Mar 28,2020
Brenda McCoy,Unit Manager and Senior Vice President
Genevieve Tomberg,Senior Title Officer
Kathy Hickey,Senior Title Officer
Ronda Mills,Title Officer
1501 4'h Ave.,Suite 300
Seattle,WA 98101
Toll Free:(888)929-1999
RAINIERTITLE ax:(206)551-5501
Fax:( 06)230-7779
Email:thetitleteamCcDrainiertitle.com
FIFTH REPORT
SCHEDULE A
Order Number: 71013ORT
543620-0851/PW2015-085/ Ostrovsk
1. Effective Date: February 12, 2020 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: TBD TBDetermined
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:
State of Washington, Department of Transportation
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
Y-?g tr—ki(Mar 28,2020)
Mar 28,2020
EXHIBIT C
Page 1
RAINIER TITLE, LLC
EXHIBIT A
LEGAL DESCRIPTION
The Westerly 132 feet of the following described lands:
That portion of Tract 43, Supplemental Plat of Meeker's First Addition to the Town of Kent,
according to the plat thereof recorded in Volume 5 of Plats, page 96, records of King
County, Washington, described as follows:
Beginning at the intersection of the North line of said Tract 43 with the centerline of
Secondary State Highway No. 5-M;
Thence Southerly along the centerline of said highway 1316 feet to the True Point of
Beginning;
Thence Westerly parallel to the North line of said Tract 43, a distance of 383 feet;
Thence Southerly parallel to the centerline of said Secondary State Highway No. 5-M to the
Northerly line of a county road;
Thence Southeasterly along said road line to the centerline of said Secondary State
Highway No. 5-M;
Thence Northerly along said centerline to the True Point of Beginning;
Except the East 33 feet thereof.
Situate in the County of King, State of Washington.
End of Schedule A
Vevge trovski�20)
Mar 28,2020
EXHIBIT C
Page 2
SCHEDULE B
PART I
I. The following are the requirements to be complied with:
A. Payment to or for the account of the grantors or mortgagors of the full consideration for the estate
or interest to be insured.
B. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed
for record.
NOTE: Effective January 1, 1997, and pursuant to amendment of Washington state statutes relating
to standardization of recorded documents, the following format and content requirements must be met.
Failure to comply may result in rejection of the document by the recorder.
FORMAT:
• Margins to be 3" on top of first page, 1" on sides and bottom, 1" on top, sides and bottom of each
succeeding page.
• Font size of 8 points or larger and paper size of no more than 8 '/2" 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
Vevge trovskitrovski(M
Mar 28,2020
EXHIBIT C
Page 3
Order Number: 71013ORT
SCHEDULE B
PART II
General Exceptions:
Schedule B Exceptions appearing in ALTA Owner's Policy (6/17/06)—Standard Coverage and ALTA
Loan Policy (6/17/06)—Standard Coverage:
1. Taxes or assessments which are not shown as existing liens by the public records.
2. (i) Unpatented mining claims; (ii) reservations or exceptions in patents or in Acts authorizing the issuance
thereof; (iii) water rights, claims or title to water; whether or not the matters described in (i), (ii), & (iii) are
shown in the public records; (iv) Indian tribal codes or regulations, Indian treaty or aboriginal rights, including
easements or equitable servitudes.
3. Rights or claims of parties in possession not shown by the public records.
4. Easements, claims of easements or encumbrances which are not shown by the public records.
5. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate
survey and inspection of the premises and which are not shown by the public records.
6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law
and not shown by the public records.
7. Any service, installation, connection, maintenance, tap, capacity, construction or reimbursement charges for
sewer, water, electricity or other utilities, or for garbage collection and disposal.
8. Any titles or rights asserted by anyone, including but not limited to persons, corporations, governments, or
other entities, to tidelands, or lands comprising the shores or bottoms of navigable rivers, lakes, bays, ocean
or gulf, or lands beyond the line of the harbor or bulkhead lines as established or changed by the United
States Government, or riparian rights, if any.
9 Minerals of whatsoever kind, subsurface and surface substances, including but not limited to coal, lignite, oil,
gas, uranium, clay, rock, sand and gravel in, on, under and that may be produced from the Land, together
with all rights, privileges, and immunities relating thereto, whether or not appearing in the Public Records or
listed in Schedule B. The Company makes no representation as to the present ownership of any such
interests. There may be leases, grants, exceptions or reservations of interests that are not listed.
Schedule B Exceptions appearing in ALTA Owner's Policy (6/17/06)—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.
Vevge trovski(M' ar28,2020) EXHIBIT
Mar28,2020
Page 4
SCHEDULE B
PART II (continued)
Special Exceptions:
1. The Land is situated within the boundaries of local taxing authority of City of Kent.
CAUTION: Washington has a graduated excise tax rate for sales occurring on or after
1/1/2020 for most properties, although a flat rate applies to properties formally classified
and specially valued as timberland or agricultural land on the day of closing.
The rate of real estate excise tax applicable to a sale prior to 1/1/2020, is 1.78%.
The rate of real estate excise tax to a sale on or after 1/1/2020 for properties which are
not formally classified and specially valued as timberland or agricultural land is:
State portion: 1.10% on any portion of the sales price of$500,000 or less;
1.28% on any portion of the sales price above $500,000, up to $1,500,000;
2.75% on any portion of the sales price above $1,500,000, up to$3,000,000;
3.00% on any portion of the sales price above $3,000,000;
Local portion: 0.50% on the entire sales price.
An additional $5.00 State Technology Fee must be included in all excise tax payments. If
the transaction is exempt, an additional $5.00 Affidavit Processing Fee is required.
Any conveyance document must be accompanied by the official Washington State
Excise Tax Affidavit. The applicable excise tax must be paid and the affidavit approved at
the time of the recording of the conveyance documents. (NOTE: Real Estate Excise Tax
Affidavits must be printed as legal size forms).
2. Delinquent general taxes and charges:
Year: 2019
Amount billed: $303.30
Amount paid: $151.65
Amount unpaid: $151.65, plus interest and penalties
Tax Account No.: 543620-0851-09
3. General taxes and charges: 1st half delinquent May 1, if not paid; 2nd half delinquent
November 1, if not paid.
Year: 2020
Amount billed: $348.13
Amount paid: $0.00
Amount unpaid: $348.13
Tax Account No.: 543620-0851-09
Levy code: 1525
Assessed value of land: $27,800.00
Assessed value
of improvements: $0.00
Based on the Treasurer's records, the name and address of the last taxpayer is:
Yevgeni Ostrovski
3434 97th Avenue S.E.
Mercer Island, WA 98040
�evge trovskitrovski(Mar 28,2020)
Mar 28,2020
EXHIBIT C
Page 5
4. Foreclosure costs, if any, resulting from possible tax foreclosure proceedings. Contact
the County Treasurer's office to determine whether there are any foreclosure costs which
are in addition to the interest and penalties that may be due.
King County Treasurer's Office: 206.263.2649
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. Real Estate Contract and the terms and conditions thereof:
Seller: State of Washington, Department of Transportation
Purchaser: Yevgeni Ostrovski
Recorded: June 24, 2004
Recording No.: 20040624001001
Excise Receipt No.: E2049364
And amendments thereto:
Recording No(s).: 20060831000131
7. Judgment entered in King County Superior Court:
Against: Yevgeni S. Ostrovski
In favor of: Citibank (South Dakota), N.A.
Amount: $16,801.42, together with interest, costs and attorney fees,
if any
Entered: April 12, 2011
Judgment No.: 11-9-14353-3
Cause No.: 1 1-2-1 3384-2
Attorney for creditor: Suttell & Hammer, P.S.
Said Judgment is also recorded in the office of the King County Auditor under Recording
No. 20110609000660.
8. Judgment entered in King County Superior Court:
Against: Yevgeni Ostrovski and Jane Doe Ostrovski, husband and wife
In favor of: Valeriy Akselrod and Laura Akselrod, husband and wife
Amount: $81,533.00, together with interest, costs and attorney fees,
if any
Entered: May 12, 2011
Judgment No.: 12-9-17722-3
Cause No.: 19-2-43630-4
Attorney for creditor: Mark P. Wittman
Said Judgment is also recorded in the office of the King County Auditor under Recording
No. 20120815000972.
trovski(Mar 28,2020)
Mar 28,2020
EXHIBIT C
Page 6
9. Pending proceedings in the United States Bankruptcy Court, Western Washington
District:
Debtor: Yevgeni Ostrovski
Trustee: Edmund J. Wood
Type of proceedings: 7
Case No.: 13-11547
Attorney for debtor: Erin Lane, David M. Lux and Nathan D. Julius
NOTE: No discharge has been filed as of 02/20/2020.
Any transaction involving sale, encumbrance, or purchase, of the debtor's real estate
must be authorized by Court Order. After such an Order is entered, a copy must be
provided to this Company.
10. City of Kent Ordinance No. 4350 and the terms and conditions thereof:
Recorded: December 17, 2019
Recording No.: 20191217001610
11. We find no conveyances within the last 36 months.
NOTE: Title is held by Decree of Appropriation under Case No. 685798.
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.
13. A Loan policy shall be issued in an amount equal to the amount of the loan unless there
is additional collateral reducing the need for coverage. Proposed Policy Amount(s)will
be revised and premiums charged consistent therewith when the final amounts are
approved.
14. The name of the proposed insured lender was not furnished in the application for title
insurance.
The Company reserves the right to add additional items or make further requirements
after review of the requested documentation.
15. Easement and the terms and conditions thereof:
Grantee: Town of Kent
Purpose: Watermain
Area affected: a portion of said premises
Recorded: January 11, 1922
Recording No.: 224430
16. Matters set forth by survey:
Recorded: November 8, 2004
Recording No.: 20041108900018
End of Schedule B Part II
Yevge trovski(Mar 28,2020)
Mar 28,2020
EXHIBIT C
Page 7
Additional Notes:
A. Abbreviated Legal Description: Ptn Tract 43, Supplemental Plat of Meeker's 1 st Add to Kent
B. Property Address: 6828 S. 251 st Street, Kent, WA 98032
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 thetitleteam(cD_rainiertitle.com. 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.
aiNt
arovski(M ar28,2020)
Mar 28,2020
EXHIBIT C
Page 8
STG Privacy Notice 2 (Rev 01/26/09) 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 Title Companies), pursuant to Title V of the Gramm-Leach-Bliley Act
(GLBA).
The types of personal information we collect and share depend on the product or service that you have sought through 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 can share your personal information
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, and responding to court orders and legal investigations.
For our marketing purposes—to offer our products and services to you. Yes No
For joint 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't share
creditworthiness.
I 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.
We 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 nonaffiliate. We do not control
their subsequent use of information, and suggest you refer to their privacy notices.
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 do/does 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.
How do/does Rainier Title LLC and Stewart We collect your personal information, for example,when you
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
other companies
FZat sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in
certain instances,we do not share your personal information in those instances.
Contact Us If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty
Company, 1980 Post Oak Blvd., Privacy Officer, Houston, Texas 77056
tro ki(Mar28,2020
EXHIBIT C
Mar 28,2020
Page 9
RAINIERTITLE
Order No. 71013ORT
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Mar28,2020
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
LIABILITY for any matter related to this sketch. Reference should be made to an accurate survey for further
information. EXHIBIT C
Page 10
COMMITMENT FOR TITLE INSURANCE
Issued By
RAINIERTITLE
Stewart Title Guaranty Company
Ste'ert
Vetted and verified,
I!(Mar 28,2020)
Mar 28,2020
Form 1004-251 D (Rev. 06/2006) EXHIBIT C 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 knowledge 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.alta.org.
Yevge'NotrovskjfM
Mar 28,2020 EXHIBIT C
Page 12
SCHEDULE OF EXCLUSIONS FROM COVERAGE
The matters listed below each policy form are expressly excluded from the coverage of that policy and the Company will not pay loss or damage,costs,attorneys'
fees or expenses which arise by reason thereof.
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY 6/17/06 (a) created, suffered, assumed, or agreed to by the Insured
( ) 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
(ii) 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,or governmental regulations. This (e) resulting in loss or damage that would not have been
Exclusion 1(a)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(b)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 (b) a fraudulent conveyance or fraudulent transfer;or
limit the coverage provided under Covered Risk 7 or 8. (c) a preferential transfer for any reason not stated 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 Date 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(12102/13)
attaching or created subsequent to Date of Policy In addition to the Exceptions in Schedule B,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 b.zoning;
Insured Mortgage. c.land use;
4. Unenforceability of the lien of the Insured Mortgage because of d.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,to be
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 the 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 not 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 recorded 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(b). 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
(6/17/06) 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:
(i) the occupancy,use or enjoyment of the Land; a.to any land outside the area specifically described and
(ii) 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 1(a)does not or as a fraudulent transfer or conveyance under federal
modify or limit the coverage provided under Covered Risk bankruptcy,state insolvency,or similar creditors'rights laws.
5. SCHEDULE B GENERAL EXCEPTIONS
(b) Any governmental 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 costs,
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 8.
3. Defects,liens,encumbrances,adverse claims,or other matters
EXHIBIT C
Mar 28,2020)
Mar 28,2020 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. (i) Unpatented mining claims; (ii) reservations or exceptions in
patents or in Acts authorizing the issuance thereof; (iii) water
rights, claims or title to water; whether or not the matters
described in (i), (ii), & (iii) are shown in the public records; (iv)
Indian tribal codes or regulations, Indian treaty or aboriginal
rights,including easements or equitable servitudes.
3. Rights or claims of parties in possession not shown by the
public records.
4. Easements, claims of easements or encumbrances which are
not shown by the public records.
5. Encroachments, overlaps, boundary line disputes, or other
matters which would be disclosed by an accurate survey and
inspection of the premises and which are not shown by the
public records.
6. Any lien, or right to a lien, for services, labor or material
heretofore or hereafter furnished, imposed by law and not
shown by the public records.
7. Any service, installation, connection, maintenance, tap,
capacity, construction or reimbursement charges for sewer,
water, electricity or other utilities, or for garbage collection and
disposal.
8. Any titles or rights asserted by anyone,including but not limited
to persons, corporations, governments, or other entities, to
tidelands, or lands comprising the shores or bottoms of
navigable rivers, lakes, bays, ocean or gulf, or lands beyond
the line of the harbor or bulkhead lines as established or
changed by the 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. (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.
SCHEDULE B EXCEPTIONS APPEARING IN ALTA LOAN
POLICY(6/17/06)and ALTA HOMEOWNER'S POLICY OF TITLE
INSURANCE(12/02/13)
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
�Nij'mvski lMar 28,2020)
Mar 28,2020
EXHIBIT C
Page 14