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Home My WebLink AboutCAG2020-123 - Original - Matelich - Mill Creek Reestablishment Project - Acquisition of Mitigation Property - 04/23/2020Agreement Routing Form KENT For Approvals, Signatures and Records Management Thls form comblnes & replaces thc Requcatfot Mayor" Slgnatute and Cont.actCov€r Sheet fotms, {Print on pink or cherry colored paper) E oLo.e Originator:Cheryl Rolcik-Wilcox Department:Public Works DateSent:4/24/20 Date Required:4/28/20 Authorized to Sign: Director or Designee Mayor Dote of Council Approval: 4/21/20 Budget Account Number: D20086/L3-3002 Grant? Type: l_J ves l_l *o N/A tr .9+,o ELorF E IP Eo EooLo Vendor Name:Andrew, Ruth & Timothy Matelich Category:Purchase/Sale Vendor Number:2275023 Sub-Category Project Name:Mill Creek Reestablishment Project Project Details:Acquisition of mitigation property for project Agreement Amount:$280,000.00 Basis for Selection of Contractor: Start Date:Termination Date: Notice requi red prior to disclosure? Yes Z*o Controct Number:W?eza-03 olE flfoE laoL5aot .9 UIto oc, Date Received by City Attorney: Aprtl24,2A20 Comments: &rkvb Date Routed to the Mayor's Office:qldzo Date Routed to the City Clerk's affice:ttlnl)p Date Sent to Originator:qlxlzo Visit Documents.KentWA.gov to obtain copies of allagreements adccw22373-6-19 Apr 23 20, 08:45p Green Air lnc 2537352491 p.2 REAL ESTATE PURCHASE AND SALE AGREEMENT I'VITH EARNEST MONEY PROVISION This Agreement ls entered between the CITY OF KENT, a Washington mun:cipal corporation {"Buyer") or ("City"), whose mailing address is22O 4thAvenue South, Kent, Washington 98032-5895, and ANDREW J. MATELICH/ RUTH M. MATELICH, AND TIMOTHY I. MATELICH, each as a separate estate ("Seller"), whose mailing address is 242O0 Buena Vista Dr., Black Diamond, WA 98010, for the sale and purchase of real property as follows: 1. PROPERTY, The Property, which Buyer agrees to buy and Seller agrees to sell, is known as King County Tax Parcel Number 222?.04-9029, approximately 446,054 square feet in size, King County Tax Parcel Number L52ZA4-9734, approxirnately 14,590 square feet in size, and King County Tax Parcel Number L52204-9137, approximately 28,lt6 square feet in size, and located at XXX Frager Road S.. Kent, WA (collectively the "Property"). The Properly is legally described in Exhibits r\Atl., and "A-2. 2. EARNEST MONEY. Within 10 business days after the Date of Mutual Acceptance, as defined in Section 21, Buyershall deposit with RainierTitle Insurance Company (the "Escrow Agent"), 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 Two Hundred. Eighty Thousand Dollars and NO/100ths ($280,000.00), which amount includes the Earnest Money, payable on Closing. 4. CONTINGENCIES. This A,greement is contingent upon: a. The Buyer authorization set forth in Section 18 of this Agreernent and the other contingencies provided for throughout this Agreement, Lt-i BuyerErn,r,","@- serer,sr,,o,"o-'\) ^"-=id*,,"!3#,"t1' 11*l Real Estate Purchase and Sale Agreement l7m Page 9 of 9 Apr 23 20, 08:45p Green Air lnc 2537352091 n? b. No later than 10 business days after the Date of Mutual Acceptance, Seller shall deliver to Buyer, in a manner consistent with Section 17, a completed Real Property Transfer Disclosure Statement ("Disclosure Statement") in the form attached as Exhibit "8". If Seller fails to deliver the Disclosure Statement by the required deadline, then unless Buyer waives this contingency in writing, the Agreernent shall terminate and neither Buyer nor Seller shall have any fufther rights, duties or obligations hereunder, except that the earnest money in escrow shall be immediately returned to Buyer. c. Within 5 business days of Buyer's receipt of the Disclosure Statement, 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. Prior to Closing, Seller shall remove all tires and debris from the Property, and shall ensure that the Property is free of debris on the date of Closing. i. Buyer shall withhotd fifteen thousand dollars ($15,O00.O0) frorn the Purchase Price until all tires and debris are removed from the Property. ii. Buyer and its employees and agents shall have the right and permission from the date of thisAgreernentthrough theClosing date (orearlier termination of this Agreement) to enter upon the Property aE reasonable times and fronr tirne to time for the purpose of inspecting the Properff to ensure it is free of tires and other debris. A flnal inspection will be conducted within 45 days of Closing. If the items have been removed, the Seller and Buyer shall provide written acknowledgment to the escrow agent, who may then disburse the $15,00O.00 to Seller. This written acknowledgment is attached as Exhibit trD', iii. Seller shall defend, indemnify and hold Buyer. its officers, officials, employees, agents and volunteers harrnless from any and all claims, fees,injuries, da es, losses Buyerk or suits, including all )i -: '\/ Itr/Seller's Initials-_ii Real Estate Purchase and Sale Agreement 9 of 9 ,a /.L?z 'r1;l Apr 23 20, 08:46p Green Air lnc 2537352091 p,4 arising out of or in connection with rernoval activities pursuant to this Seclion 4(d). The foregoing includes, without limltation, injury or damage to the person or property of Seller or any third party. The provisions of this section shaf l survive the expiration or termination of this Agreement. .ie. This Agreernent is also contingent upon insurability of title as addressed in Section 6. Should any of the contingencies provided for above or throughout this Agreement, except for the provisions of Section 4(dxii), not be rnet 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. If the requirements of Section 4(dXii) are not met as set fofth in Section 4(dxii), within 45 days of Closing, Buyer may, at its sole discretion, elect to permanently retain $15,000.00 from the Purchase Price and undertake the removal of the items identified in Section 4(d), provided that Buyer shall first give Seller written notice of its intent to do so. Buyer's notice of election to retain the $15,000.00 due to Seller's failure to satisfy the requirements of Section 4(d) shall also be provided to the escrow agent and will, thereby, authorize the escrow agent to disburse such funds back to Buyer. 5. CONVEYANCE AND CONDITION OF TITLE. The title to the Property shall be conveyed by Seller to Buyer at Clcsing by Statutory Warranty Deed, free and clear of all liens, encumbrances or defects except those described in Schedule B, Part Il, Special Exceptions paragraphs 8 through 10 of Rainier Title Report Number 749372RT, attached as Exhibit "C-1"; and Schedule B, Paft II, Special Exceptions paragraphs 8 through 10 of Rainier Title Report Number 750150RT, attached as Exhibit "C-2". 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 Buyerk reasonable use of the Property shall be permitted. All monetary encumbrances and special exceptions listed in Exhibit rrG-lr' and "C-2", other than those specifically noted above, are to be removed from the Property on or before Closing. ^, -...--*i'; tr&)*k,rnitia",ilJli, Buyer's ,nnrro:Q{u? Setler's rnttiats 'i- Real Estate Purchase and Sale Agreement ''?l do"nu9 of 9 %,/5; Apr 23 20, 08:46p Green Air lnc 2537352091 p.5 6. TITLE INSURANCE. At Closing, Buyer shall cause RainierTitle, 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 deerned encumbrances or defects: rights reserved in federal patents or state deeds, building or use restrictions consistent with current zoning and utility and road easements of record. If titte cannot be made so insurable prior to Closing, unless Buyer elects to waive such defects or encumbrances, this Agreement shall terminate, and the Earnest Money shall be returned to Buyer. 7. CLOSING COSTS AND PRO-RATIONS. 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 forthe 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. 8. CLOSING OF THE SA,LE. WITH THE UNDERSTANDING THAT TIME IS OF THE ESSENCE FOR THIS AGREEMENT, this sale shall be closed by 5:00 PM on M 15 2020, which shall also be the termination date of this Agreement, unless this Closing date is extended in writing by mutual agreement of the paties. In addition to the Mayor, the Public Works Director for the City is also authorized to extend closing on behalf of the City. When notified, the Buyer a nd Seller will deposit, without delay, in escrow with Escrow Agent, all instruments and monies required to complete the transaction in accordance with this Agreernent. 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, g. CASUALTY LOSS. If, prior to Closing, improvements on the Propefty shall be desbroyed or materially damaged by fire or other casualty, this Agreement, at option of the Buyer, shall become null and void r*i\t,i; Seller's tnitials . y-Buyer's tniti"rc-@ 9r' k,,,Yz rnitiakyif fl,'!6 Real Estate Purchase and Sale Agreement W Page I of 9 Apr 23 20, 08:46p Green Air lnc 2537352A91 p.6 10- POSSESSION. Buyer shall be entitled to possession on Closing. It. SELLER'S REPRESENTATIONS. Sellerrepresents: a. that Sellerwill maintain the Propefty in present or better condition untll time of agreed possession and meet the obligations of Section a(d); b. that Seller has no knowledge of notice frorn any governmental agency of any violation of laws relating to the Propefty except: c. that Seller is in possession of the Property and the Property [s not subject to any lease or rental agreernenls, L2, SELLER'S ENVIRONMENTAL REPRESENTATIONS. Excepting the conditions reported in the Phase I and Phase II Environmental Assessment Repoft compteted by the Buyer, 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, dfry 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 clairns, including clairns of governmental entities. This provision shall survive Closing and be in addition to Seller's obligation for breach of a representation or warranty as may be set forth herein. 13. SELLER'S INDEMNITIES: Seller agrees to defend, indemnify, and hold harmless the Buyer, against and in respect of, any and all damages, clairns, 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 irnposed upon or incurred by Buyer, or asserted against Buyer, by any other party or pafties (including, without limitation, a governrnental entity), arising out of or in connection with any environmental condition existing Buyer's of and/or prior to Closlng, ,trd'rg the exp,ggure of any person se t t ar'sr,,m"D','ffi* l#*i' r ni t i a tsL;.fr,rl* vReal Estate Purchase and Sale Agreement Page 9 of 9 Apr 23 20, 08:46p Green Air lnc 253735209 1 p,7 to any such environmental condition, regardless of whether such environmental condition or exposure resulted from activities of Seller or Seller's predecessors in interest. Ttris 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, T4. DEFAULT AND ATTORHEY's FEES. a. Buyer's Default. If Buyer defaults hereunder, Seller's sote rernedy shall be lirnited to damages against Buyer in the liquidated amount of the earnest money previously paid by the Buyer. Buyer and Seller intend that this amount constitutes liquidated damages and so as to avoid other costs and expenses to either pafty in connection with potential litigation on accounl of Buyer's default. Buyer and Seller believe this arnount to be a fair estimate of actual damages. b. Seller's Default. If Seller defaults hereunder, Suyer 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 reat estate, Buyer makes no warranty or representation of any kind that this forrn, or any of its provisions, is intended to meet the factual and legal requirements of a particular transaction, er that it accurately reflects the laws of the State of Washington at the time Seller enters into the Agreement. THIS AGREEMENT HAS SIGNIRCANT LEGAL AND FINANCIAL CONSEQUENCES. SELLER IS ADVISED TO SEEK TNDEPENDENT LEGAL AND FINANCIAL COUNSEL REGARDING THESE CONSEQUENCES. 15' 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. Euyer's Initi,*@ r,,,-tar,l'-* W e%,e rnniats-tl&rhSelfer's Real Estate Purchase and Sale Agreement Page I of 9 Apr23 20,Q8:47p Green Air lnc 2537352091 p.8 l7i NOTICES. All notices requir€d or permitted to be given hereundershall be in writing and shall be sent U.S. cerlified mail, return receipt requested, or by facsimile transrnission addressed as set fofth 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 Fourlh Avenue South Kent, WA 98032 .Cnotcit<-WitcoxQ Fax: 253-856-6500 And to: City of Kent Attn: City Clerk 22O FourEh Avenue South Kent, WA 98032 CityClerk@KentWA.gov Fax: 253-856-6725 (b) All notices to be given to seller shall be addressed as foltows: Timothy I. Matelich 24200 Buena Vista Dr. Black Diarnond, WA 98010 (c) All notices to be given to Escrow Agent shall be addressed as follows: Jennie Graddon Rainier Title Insurance Company 20435 72nd Ave. S., #155 Kent, WA 98032 J-enn ieG@RainierTiile. qqm 213-216-0240 Either party hiy,. 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 notlce is personally served, or on the date of the facsimile transmission. cr on the third day following the day such notice is mailed in accordance with this section. Buyer's-rr-r"@ __\,:i-*- MI*senerkr.rr'.;rlr l'* r- . b rF Real Estate Purchase and Sale Agreernent y,fr :kr,ft^t'-ay'li% Page 9 of 9 Apr 23 20,O8:47p Green Air lnc 2537352091 p9 18. CITY COUNCIL ACTION REQUIRED. Seller acknowledges that the closing of the transaction conternplated by this Agreernent (the "Closing") is expressly conditioned on the City of Kent City Council's (the "City Council's") prior authorization to buy the Property under this Agreement ("Council Authorization"), which rnay or may not be granted in the City Council's sole discretion. The City 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, orthe City Council's failure to grant the Council Authorization. a. Seller's Waivel. 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 Agreernent. 20. BINDING EFFECT AND SURVIVAL. This Agreement shall be binding upon pafties hereto and their respective heirs, successors and assigns; and the terrns, conditions and provisions of this Agreement shall survive the Closing of this tra nsaction. 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 Agreernent have executed this Agreement. 22, FORCE IIIAJEURE- Performance by Seller or Buyer of their obligations under this Agreement shall be extended by the period of delay caused by force majeure. Force rnajeure is war, natural catastrophe, strikes, walkouts or other labor disturbance, order of any government, court or regulatory body having jurisdiction, or any similar cause beyond the reasonable control of the parly who is obligated to render performance, it, ,l ,. W Btuyer:'s),n-r,"-@- setter,srrrr.rr"A '4y r!,k,rr"t" d',#l/, Real Estate purchase and sale Agreement - '4t' pase 9 of9 I Apr 23 20, O8',47p Green Air lnc 2537352091 p.10 2"' COUIYTERPARTS. This Agreement rnay be executed in one or more counterparts. 24. EXPIRATfON OF OFFER. Seller shall have only untit 5:00 pm on April 30, 2020, 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 by this date, this Agreement shall lapse and all right of the parties hereunder shall terminate. IN WITNESS WHEREOF, the parties have executed thls Agreernent on the date set forth below. BUYER: CITY OF KENT N ame;a Ralph TiHe: Dated: Mayor t'{''?rt er,-t r*,- 4, SELLER: Name: Dated: :'/ \ !\ t, i. ./ ._t'L t\ DateH \ Na Name: Dated: BuyerE &Seller,s Real Estate Purchase and Sale Agreement .\.-:\r/ -tyl1Initlals/t i,t - Ltl %:tt'yfu Auth€ntlslgn lD: FF27C2D9-2629.1A83-9gEF{2DZAgEgo51A That portion of sections 14, rs, zz,un!-z3, Township 22 North, Range 4 East, w.M. in King;:ll:,;y:,I1:::[Jl::,::i,,""Ji:",]*f'il',';": Hishway anrwest orthe counry ffitJHH.il ll:J",#:lft corner of section 22, rownship 22 Norrh, Ranse 4 Easr, w,M, in ff:::,::Tliffi;::Ti::'#F-::r^-rll",.:'said section 22' produ ced, t4-Tzreet ro True Point of Beginning; 'rager Road" which point is hereby designated as the Thence North !2 2r' 45" East 59.02 feet along the centerline of said county Road No. 76;Thence North 14o 55' :0" westio iz ru"talong the centerrine of said county Road;Thence North 52o 09' 00" west iao-ro feet arong the centerrine of said county Road to itsintersection with the East rine or'.e Enos coopel oonution Craim; i!:t'":T:*#T:,i.';ffiT*;litri;';ln',n"''1',r rine orsaid Donation craim to the Thence North Bg" 47' 48" West tssi.oz feet along the south line of said Donation claim toits intersection with the centerlin. oithe Kent-D*Jmoinu, Highway as estabrished byVolume 26 0f commissioners' Records, page 4g3 and Vorum e 27 0fcommissioners, ffi#t;":ige 4, which intersection i, on a highway curve to the right having a radius of Thence southeasterly along the centerline of the said Kent-Des Moines Highway, a distanceof 130'29 feet to its intersection with the North line of the rqarshal w. Leet property asdescribed in Deed recorded under Recording Numbers 3289068 and 3350584;l:':T:fi:n 31r,o'' 48" East iot'gn reetilons saia morrn rine to the Norrheast corner or Thence south 20 38'04" East 287'55 feet along the East rine of said Leet property to theff#l"Xt::;ffi"ii?:,1;Y;STJrpropertv, as conveved bv Deed '.eco.ded ru ty B, ts47 Thence Easterly parallel to the south line of the Northeast quarter of said section 22,777A'47 feet, more or ress, to the centerrine of said county Road No. 76; ffilT[,a Northeasterly direction along the centertine of said county Road to the point of ilTH:"t portion thereof lving within said counry Road No. 76 and Kent-Des Moines And except that oofion lying westerly of the Easterly margin of state Road No. 516 ascondemned by the state of washington in King couniy sup"rio, court cause No.741401; EXHIBIT A-1 PARCEL NO.2222}4_ga2g And except that portion thereof described as follows:That portion of Government Lot 11, section 15, Township 22 North, Range 4 East, w.M. inKing County, Washington, described as follows: GrA au1st2o2o(^) 14 t-6.4p GA 04t15t2020 Authentlslgn lD: FF27C2D9t629.iA83.95EF.82D7A9E8(t51 A ffffi::,"#::::;T,:.J':i.:':::;T;1T,"#:HI:",-oes Moines Hishway 60 foot right Thence southerly along said centerline 130.29 feetto the intersection of the Northerry rine 1".#i H:ffiJrX;::: :" ^' r'"'u'o to*'onu"v"J nv ln't'u,",.,enr recorded u n d e r Thence South Bgo 19, 47,, East 265 feet;Thence North 01o 02' 04" west to i..,eiouth rine of E. cooper Donation craim;Thence North B7o 49,52,, West zog r";a a" an" o","ioiiiginnins;Less State Highway; : And except that portion thereof described as follows: ii*li ry.il il:HT,.#',;i,:'J: :;T;Tl'ff # :?; X:"'- " es M o i n es H i s h w ay 6 0 foot ri s h t Thence southerly along saio centerri* r:o.rg feetto the intersection of the Northerry rineextended west of a tract of land heretofore .onu"y"J uvlnrtrr*ent recorded underRecording Numbers 3289068 and 3350484;Thence south 890 19'47" East zos reet to the point of Beginning; Ji::,T;:$'iiil3ol"'th Beo iv oli'turt 236.ee r."t, ior" or ress, to the Norrheast corner Thence North 010 02' 04" West on the Northerly extension of the East line of said tract ofland 120 feet, more or ress, to the south rine of saio oonation crairn;Thence North B7o 4-?,.52u West af""g ,uiO South line 237.26 feet;Thence south 010 02' 04" East rz+ riet, more or ress, to ine point of beginning; Situate in the County of King, State of Washington. *"Yr, *'tr*h GA oun,ozo GrA o4t1st2o2o Authonllslgn lD: FF27C2D9-2629.tA83{5EF-82o7AOEg(tSlA Parcel A Parcel B EXHIBIT A-2 PARCEL NOS. 152204-gr34AND 15220 4-sL37 4' It. zo That portion of Go, records or Kins 4"fiil:;::ll.|,ij;,'j".|:Tr::,J1;;:il122 North, Ranse 4 Easr, w.M , iiffi;i1l'Jilll"'T,::'':i."::n::LT::?il:T;#"",-Des Moines Hishwav 60-root risht Thence southerly along saio centeiine rro.2g feet to the intersection of the Northerly lineextended west of a tract of land heretofore .onu*yJ Jv-in"tru.nent recorded underRecording Number 3289068 una jiSo+s+; Thence South Bgo7g,47" eurt Ziiiu"-t;Thence North 0lao2'o4" West to tne-soutn rine of E. cooper Donation craimThence North B7a4g'52" west 24g reet to the point of beginning;Except State Highway. That portion of Government Lot 11, section 15, Township 22 North, Range 4 East, w.M.,records of King County, Washington, described as follows: Beginning at the intersection of the centerline of the Kenl-Des Moines Highway 60-foot rightof way and the South tine of E c;";;; Donation Claim;Thence southerly along said centerline 130.29 feet to the intersection of the Northerry rineextended west of a tract of land heretofore .onuuy"J ovlnrtrurent recorded underRecording Nurnber 3289068 and 3350484;Thence South BgoTg'47" East 265 feet to the point of beginning; li':TilT',::':: south BsoLs'47'iast zro.ee reet *ol" o. ress to the Norrheast corner or Thence North 01002'04" west on the Northerly extension of the East rine of said tract ofland 120 feet more or ress to the south Iine of said Donation craim;Thence North B7a4g_,s2" West along saiO Soutf, tine Z:Z.ii feet,Thence south 01002'04'East 124 iuui*o.u or ress to the true pointof beginning. Situate in the County of King, State of Washington GrA oq1st2o2o f'q 'e 1.";04115t2020 Authenfl stgn tD: FF27 CzDg -2629 4 ABg.gSEF{2O7A9EdOslA EXHIBIT B INSTRUCTIONS TO THE SELLER. Please com plete the followi ng form. Do not I eave any spaces blank. If the questiondoes not ap p ly to the property wri te "NA." If the a nswer is "yes" to clearlyon attached sheets Please refer any * iterns, please explainyour explanation to the line n umber(s ) of the question(s) when you provide(s). For your protecfion you must date and si gn each page ofthi s disclosurestatement and each atta chment. De livery of the d statement must occur not laterthan five busi days, unless otherwise a greed, after mutual acceptan ce of a wrltten isclosure contract to pu between a buyer and a seller NOTICE TO THE BUYER THE FOLLOWING ISCLOSURES ARE MADE BY SFLLER ABOUT THE CONDITION OF THE PROPERTY AT XXX Frager Road S.,WA. King Cou nty Tax parcel Nos. 2222A4-9029 1 134, and 1 52204-91 Kent, DESCRIBED ONA CHED EXHIBIT A. E PROPERry')OR AS LEGALLY SELLER MAKES FOLLOWING D ]SCLOSURES OF EX]STING M ATERIAL FACTS O R MATERIAL DE TO BUYER BASED ON SELLER'S ACTUAL KNOWLE DGE OF THE PR OPERTYAT THE TIME COMPLETES IHIS DISCLOSU RE STATEMENT UNLESS YOU AND SELLEROTHERWISE HAVE THREE BUSIN ESS DAYS FROM THE DAY SELLEROR SELLER'S A DISCLOSURE STA TEMENT TO YOU TO RESCIND THEAGREEMENT BY D ERING A SEP ARATELY SIGNED WRITTEN STATEMENT O F RESCISSIONTOSELLER OR S 'S AGENT.IF THE SELLER DOES N OT GIVE YOU A COMPLETEDDISCLOSURESTAENT, THEN YOU MAY WAIVE THE RIGHT IO RESCIND PRIOR TO ORAFTER THE TI ME U ENTER INTO A SALE AGREEMENT THE FOLLOWING DISCLOSURES MADE BY SELLER AND ARE NOT THE REPRESENTATIONSOF ANY REAL ESTA LICENSEE OR OTHER PA RTY. THIS INFORMA TION IS FOR DIS CLOSUREONLY AND IS NOT AND SELLER. FOR A MORE CO NDED TO BE A PAR T OF ANY WRITTFN AGREEMENT BETWE EN BUYER PREHENSIVE EXAMINATION OF THE SPECIFIC COND ITION OF THISPROPERTY YO UA ADViSED TO OBTAIN AND PAY FOR THE SE RViCES OF QUALIFIEDEXPERTS TO INS THE PROPERTY, WHICH MAY INCLUDE WITHO LIMITATION,ARCHITECTS EERs/LAND SURVEYOR5 PLUMBERS UTBUILDING IN ELECTRiCIANS ROOFERS,PEST INS ,o N-SITE WASTEWATER TREATMENT INSPECTORS, OR STRUCTURAL PROVISIONS IN A THE PROSPECTIVE BUYER AND SELLER MAY WISH TO OBTAINPROFESSiONALACE OR INSPECTIONS OF THE P ROPERTY OR TO PROVIDE AP PROPRIATEDEFECTS OR WA ES BETWEEN THFM W]TH RESPECT TO AN Y ADVICE, IN SPECTION, Seller X is not occupying the properLy DATE Seller's Disclosure Unimproved 37 ('TH GA oqlstzoza G,; oqlsnozo ELLFR: - Pag l of 9 f, lI ELLER Ver. Effective 4-6-20 Authentlslgn lD: FF27 C2O9-26294A83-95EF42D7AgE8051A *If you answer "Yes" to a question with an asterisk (*), prease exprain your answer and attachdocuments' if availablu uni *roi;;;" pubricry ,*Jro"J. if necessary, use an attached sheet. EXHIBIT B I. SELLER'S DTSCLOSURES: 1, TITTE [j#"* A' Do you have regar author*y to se, the property? If no, prease exprain ["r#"* *8. Is tifle to the property subject to any of the following? (1) First right of refusat (2) Option (3) Lease or rental agreernent (4) Life estate? [i#"* ahfisrT"re anv encroachments. boundary asreements, or boundary l"'#"* ;:.r:t"tffte a private road or easement asreement for access to the | ] Don't xE' Are there any rights-of-wayr easements, or access rimitations that affectknow the Buyer's use of tn" pap",tyi [.'#"* J,:;,ll? l]ffiffy *ritt*n asreements ror joint maintenance or an ease"-ent [i#t* ;: J:.,|,"T;anv studv, survev proje*, or norice rhat woutd adversery affecr [j#r* *it' Are there any pending or existing assessments against the properry? ${ tl Yes No tl Yes tl Yes ilF{ Yes No Yes tl N No ilF{ Yes No ll F{Yes No I] J4Yes No I'{ No F{ No tl Yes p{ No [ ] Don't *I. Are there a ny zoning violations. nonconformi ng uses, or any unusualknow restrictions on the property that affect future construction or remodeling? €b,A G,E a4/15t2020 04t15t2020 DATE:_SELLER Seller's Disclosure Stateme !- Unimproved nt-Page2of9 Ver. Effective 4-6_20 Authentlslgn lD; FF27C2D9.2629.4A83_9SEF-82D7A9Ee05rA I] No EXHIBIT B ortion of the water ri 04t15t2020 [ ] Don't *J. Is there a boundary survtknow vvur rucr. y survey for the property? [ ] Don't xK. Are ,lT1u:n covenants, conditions, or restriiknow to the property? ' conditions, or restrictions recorded against tire 2. WATER A. Household Water [j#"t (t) Does the properry have potabte water suppty? (2) If yes, the source of water for the properly is: I I private or publicly owned water system [ ] private weil serving only the property *[ ] Other water system [j#"* xlf shared, are there any writLen agreements? [ ] Don'r *(3) Is thtnow ,,'-;;;#;T::i;:TI:?',::..:Ti"o or unrecorded) ror access to andlor [j#"', *(4) Are there any probterns or repairs needed? [i#"'t [?J"H:j,Til:T:T,.offi-uo charse payabre berore the propefty can t I D# [ ] Don't (6) Have vou obtained a certificate of water availabirity from the waterYes No know purveyor serving the property? (If yes. prease attach a copy.)t I K [ ] Don't ll) tsthere a water right permit, cerrifir:ate, or craim associated with Yes No know nousehorJ *"r",. .roory for rhe ;&;;, (If yes, pruur" uiuch a copy.) 1"1 'K ["'#"'' .!*T,ffi:i:n:ffiTf ,,nn, permit, cerrincate, or craim been assisned, Afl Yes ilD{ Yes No N'No il Yes,ra tl Yes r{ No ll HYes No ilb{ Yes No nill Yes Ni DATE *(b) If yes, has ail o more successive yea 4/ ranyp rls? -'r b*J ght not been used for five or f-A o,tls,ozo Seller's Disclosure Statement _ page Unimproved of9 + Ver. Effective 4-6_2A Authsnllslgn tD: FF27C2D9.2629"1A83-9sEF-82DZA0E80srA r1 Yes Pr No ll ffi NoYes [i#"* ,t;]it#r:Jrl,?,l,l1L is the water withdrawn rrom the warer source ress [ ] Don't *(B) Are il[no* ' .u.k,;il::ilI defects in the operarion of rhe water system (e.s., pipes, B. Irrigation Water [ ] Don't (1) Are there any irrigation uknow 'igit p*,'it, cerriricaie, ;'.;:1r;i;?ir:#,HJffir; Hl;'a warer ,ln'#n't flrXffi$:,r::ilr porrion or the warer rishr nor been used ror nve or Lt#"'t l?rtJ,J,?:.:i:[:XrlTf ,,nn, perm*, certiricate, or craim been assisned, [ ] Don't *(2) Does the property receive irrigation water froknow irrigation district, ",. ",n.. ""i,rr, ,, so, pt;;;; ;"",T;:;:Hilr,H,supplies irrigation water to tf," properly: C. Outdoor Sprinkler System [ ] Don't (1) Is theknow \_/ -v \,,_rre an outdoor sprinkler system for the property? [j#"* x(2) rf yes, are rhere any defects in rhe sysrem? [j#"'' +(3) Ir ves, is the sprinkrer system connected to irrigation water? 3. SEWER,/SEPTIC SYSTEM A. The property is served by: [ ] public sewer system [ ] on-site : componenttot#Trt system (including pipes, tanks, drainfierds, and a, other [d Other disposal system, please describe: f]xrrr- 0$/ G,A oqlsnazo GE EXHIBIT B { - l.t" zo 04t15t2A20 ilH Yes No tl rx Yes N; nkl Yes No tl MYes rvi ilal Yes No t I "P'!Yes No tt D{ Yes fVo DATE -:.%SELLER Seller's Disclosure Statement _ page Unirnpreyq{ of9 Ver. Eftective 4_6_20 Authsntislgn lD: FF27C2D9.26294ABg€5EF-62D7A9EB05iA EXHIBIT B rr p{ Yes No [i#"'' ,? ffff propertv subiect to anv sewase sysrem fees or charses in addition*"i ntun.io.llllllJr" ", res u ta rt y u i I r el sewe i o. on _rit" sewa s e syste m c' if the property is connected to an on-site sewage system: [j#"* x(1) Was a permit issued for its construcrion? [i#"* .ji],[T,::approved bv the rocar hearth deparrment or district forowins its [j#r* (3) Is rhe sepric system a pressurized sysrem? [j#"', (4) rs rhe septic sysrem a sraviry system? [j#"* x(5) Have there been any changes or repairs to the on-site sewage sysrem? [ ] Don't (6) Is the on-site sewage system. inctuding the drainfierd, rocated entireryknow within the boundari". oi,ii property? If no, prease exprain; [i#" * ;i3, :ffi :?: ilrffi;Tn il:,; T ;:su i re mon itori n s and ma i ntenance 4. ELECTRICAL/GAS [ ] Don,t A, Is theknow property served by natural gas? [j#ra B. Is there a connection charse for sas? [j#r* C. rs the properry served by etectricity? [ ] Don't D. Is thenknow e a connection charge for electricity? ilD{ Yes No ilbd Yes No ilD( Yes No ll trdYes No ilN Yes No ilN Yes No ilkl Yes No tl .[(lYes No ilK Yes No ilsf, Yes No rI [d"Yes No Ilw Yes No [ ] Don't *E. Are thknow ut -nI electrical problems on the '@fbd oq15no2o property? GA 04t15t2020 DATE Seller's Disclosure Statement ,i \ J,*l '[- lt. Unimproved -Page5of9 ELLER: ?o Ver. Effective 4-6-20 Authentlslgn lD: FF27C2D9-26294A83-9SEF.82D7AgEO0S,t A F( Yes tl No 5. FIOODING I J Don't A. Is thetno* " ldffi;roperty located in a government designated flood zone or 6. SOrt STABITITY f>{ Don't xA. Are there any setilementknow problems "" tn" 'orp;;;'tr' edrth movernent, slides, or similar soir 7. ENVIRONMENTAL [ ] Don't *A. Have there been any frooding, standing water,.or drainage probrems on know the property that "o".,'rn" oioperty o,. "..u* io itre propertyaI j Don,t *8. Does aknow ;;C; any part of the property contain fll, dirt, wasre, or other fi' EXHIBIT B used as an illegal drug manufacturing site? H Yes ilix Yes No tl Yes F{ Yes b{l No tl No tl No tl No Dq tl Yes No [ ] Don't xC. Is il[no* - #c; tilere any material da , ovem e n ts, "u,tr, q u "Ht""# :n:,.:jifl J;n l,il "g " o, rr oods, [ ] Don't D. Are t][no* ' #;;lere any shorelines, werands, froodprains, or criticar areas on the D{ Don't *E. Are there any substancesknow that may be environrnentat c,' rnaterials' or erodl^c!: in or on the property ,iii:i*-'"'"oouini,;;';?':,T,Lil'j"jJ""m:":,':"n:mi*:;;:i"; [ ] Don,t *F. Has $know "'te properLy been used for commercial or industrial purposes? [j#"', *G. Is there any soit or groundwarsr conrarninauon? (l Don't *H. Are 1il; ;5?::1; iT1xr# 3; .;;fi :"n#T;"Tl,Tji:iff iTjfr"L,,*u I J Don't xI. Has th,know .,,e property been used as a legal or illegal dumping site? tl tlYes No fl Yes N Yes tl No tl Yes tl No b{ Yes tl No Yes il ,D{' No Has the property beenI J Don't "Jknow DATE ELLER 51202A04t1 2pft-l-; o,tlstzozo Seller's Disclosure Statement _ page Unimproved of9 ELLER; Ver. Effective 4-6_20 Auth€ntlslgn lO: FF27C2DO-262g4AB3.9SEF{2D7A9E80s1A ll Yes .D{ No EXHIBIT B nF{ Yes No nM' Yes No tl Yes p{ No it Fd Yes No [i#"* ,J;ff#:::"ilLradio towers that cause inrerrerence with cerurar 8. HOF|EoWNERS' ASSOCTATXON/CoMMON XNTERESTSI J Don't A' Is there a-homeowners' association? Name of association and contactknow Jffi:TJ;;?ffi *r*#llil*l li:1", u,in"n.ro .n*,,,, byra ws, ri n i ns por i cy. " n;;il, i nrormafi on r..i,j:::Tilll, Ij?:i,:,_,[ ] Don't B. Are theknow re regular periodic assessments: $,..perl]Month[]year []Other... [ ] Don't xC. Are *know tere any pending special assessments? [ ] Don't *D. Are th,no* ";;;;Ji:':#il if::x;:#li ffii:,:;::l;'Jil;:jiJi*:,, il#$lir*"'kwavs, or other areas co-owned in undivided interesr wirh 9. OTHER FACTS tl Yes lV No ["t#" * :* ff ,:["fi -11":"#ements. d isputes, encroach menrs, or resar acrionstl Yes M No [i#"'t .J;.l"firtte propertv have anv prants or wirdrife that are desisnared as nor".n.n*ri?ncern/ or listed as threatened ot *lunn"red by the I] Yes tl Yes N No w No ll Yes b{ No DATE [j#.* *C. Is the property classified or designated [rr#"* D. Do you have a foresr manasement ptan? I J Don't *E. Have any development_related permit aknow governmer ffi'-[rJ o,tlstzozo as forestland or open space? If yes, attach. pplications been submitted to any 1,"; SELLER:f '15- zo 04t't5t2020 Seller's Disclosure Statement _ page Unimproved of9 Ver. Effective 4_6_20 Auth€ntl6lgn lD: FF27C2D9.2029{ABg€5EF-82D7A9E8051A EXHIBIT B tl Yes tl No If the ans appri"atiofleit to E is "yes," what is the status or outcome of those ffion* F. is the properry tocated with.know j,H:#:":9""i,,#:,:;T::: i,l?;iHl:,; *t1T:Til;,::T,,i" 10. FULL DISCTOSURE BY SELTERS A. Other conditions or defeck:tl Yes # [,.'#'* ;ffiffff"ilr::iT"il.il:Jff:lar defects affectins the property that a The foregoing answers and aftached expranations (if any) are comprete andcorrect to the best of my/our t<now-teOge and I/we havehereor. r/we aurhori=" uii ;,;il;rear estate ri..";;;;T-::i: ;.oT[". _copy of this discrosure statement to o*,e, ,.ear estli*"il"nr"*, and a'prospective buyers of the p.opu,ty. DATE SELLE,r.ts:; d^r. ffihW*ffi, Ji:.J,,, W:I,,un nti"t 04js2o20 - 4t'tdt202i 4:ZBt14 pM pOTINF.RMATI'* *'111'ING REGISTET!? sEX .FFENDER' MAy BE 'BTATNED FR'M LocAL LAW ENFORCEI4ENT AGENC'U'.'ruI'ilOi'* ,, r,,i,,U'ii |NLY TO iNFOR[4 VOI Or WHERF TO .BTAIN THIS INF'RMATI'N o*-o ii'*or arv r*orcnioln o, rHE pREsE,rrcfo. REGT'TERED SEX OFFENDERS. IT. BUYER,S ACKNOWLEDGMENT A' Buver n::u?u acknowledges that: Buyer has a duty lo puy dirigent a,.ention to anyffiil:iiT:.j;",:fff;:;own ro Buyer or..un ne rnown * Jru". o, uririzins dirisent B. Verification: B. The disclosures set forth in this statement and in any amendments to this statementare made only by the Seller and not by any real estate licensee or other party.C. Buyer acknowledges that. pursuant to RCW i'1!:;:ei;::.$(2), real estate licensees arenot liable for inaccu rate information provided by Seller, except to the extent that realestate licensees know of such GE 04t15t2020 DATE:t'lt-2o Seller's Disclosure Statement _ page Unirnproved of9 FLLER: Ver. Eggsglys 4-6-2A Auth€nrlslgn tD: F F27 C2O9-26ZS4AB3-95EF42D749Eg0s1A DATE DATF EXHIBIT B D. This infor un,uu*uH;:ilJ:J[:i;ff:::.":"g|?Jj - not intended to be a parr orthe wrinen E' Buyer (which term incrudes a|^ryrsons signing ,h11?:u:.'s acceptance,, portion of this disclosure statement o"'"*1i."; re"eivedi ."pv "r this Discrosuie statement(inctuding attachmenk, ;;;n bearing Seiler,s signature. ffi i#r[r#TFli?ffi !]i+Fi,F.ir$em]Hrr?l,[$ltsb?,",rf ,flrrriffi ni,? BUYER€ WAIVER OF RIGHTTO RECEIVE C.MPLETED SELLER DIScLosURE 'TATEMENT Buyer has been advised.of Buyer's right to receive a comprered seiler Discrosure statementBuver waives rhar righr. rro**u".]'ii:re uywer;;;; rhe quesrions in the seclionentitled "Environmentat" wourd'oe _v5f," ?rt";; ,iot *uiou the receipt of the"Environmentar" section of the seiter otrrr"rr* statement. BUYER YER f-A o4t1st2o2oGr; o4tlst2ozo DATE: Seller's Disclosure Statement - page 9 Unimproved 9 1'15 - 2o Ver. Effective 4_6-20 EXHIBIT C-1 ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II ISSUED BY RAINIER TITLE AGENT FOR COMMONWEALTH LAND TITLE INSURANCE COMPANY File No.:749572RT Special Exceptions: 2. 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 the City of Kent- As of the effective date herein, the real estate excise tax rate is 1-78o/o- General taxes and charges for the year 2018, which have been paid.Amount: $2,259.25 Tax Account No.: 222204-9029-02 Levy code: Assessed value of land Assessed value of improvements: 1526 $181,000.00 $0.00 Based on the Treasurer's records, the name and address of the last taxpayer/owner is: Ruth Matelich 24200 Buena Vista Dr. Black Diamond, WA 98010 General iaxes and related charges for the year 20't9 are not available from the County at this time and are not yet payable. Tax Account No-: 222204-9029-02 Levy code: 1526 The legal description submitted has been modified to comply with the public records and to reflect the parties presumed intent. Closing instructions must indicate that the legal description has been reviewed and approved by all parties to this transaction. We find no pertinent matters of record against the name(s) of the vested owners. We find no conveyances within the last 36 months. NOTE: The Recording Nos. of the Deeds under which title is held are: 20060207000637 and 20070419002338; The names of the proposed insured were not furnished in the application for title insurance, and when disclosed, the commitment will be subject to such matters as may be found by a search of the records against said names- The Company reseryes the right to add additional items or make further requirements after review of the requested documentation. This page ts only a paft of a 2O16 ALTA@ Commltment for Tftle Insurcnce. This Commitment is not vatid wfthout the Notice; the Commitment to lssua Policy; th6 Commtttnent Conditions; Schedule A; Schedule B, Part l-Requirements; and Schedule B, Pa,I ll-- Exceptlons: and a counter-signature by the Company or its lssuing agent that may be in electronic fam. 3 4. 5. 6. 7 Copyright 2006.20{6 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is reslricled to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited Reprinled under license ftom the American Land Title Association. Page{0of17 I IAND TII'f RAINIERTITLE * 8. 9. Matters set forth by survey Recorded: Recording No.: March 19, 1997 9703199001 Matters set forth by survey:Recorded: April 1 ,1997 Recording No.: 9704019002 '10. Declaration of covenants and the terms and conditions thereof, preventing certain practices in the use of that portion of the land lying within 1OO feet from a well, as disclosed by instrument recorded under Recording No, 20071010000519 End of Special Exeeptions RIIINIERTITLE EXHIBIT C-2 ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II ISSUED BY RAINIER TITLE AGENT FOR COMMONWEALTH LAND TITLE INSURANCE COMPANY Special Exceptions 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 the City of Kent. As of the effective date herein, the real estate excise tax rate is 1.78o/o. General taxes and charges: 1st half delinquent May 1, if not paid; 2nd half delinquent November '1, if not paid. Year: 2A19 Amount billed: $23.83 Amount paid: $0.00 Amount unpaid: $23.83 Tax Account No.: 152204-9134-03 4 I 2. 3 $0.00 Affects: ParcelA General taxes and charges: 1st half delinquent May 1, if not paid; 2nd half delinquent November 1, if not paid Year: 2019 Amount billed: $66.72 Amount paid: $0.00 Amount unpaid: $66.72 Tax Account No,: 152204-9137-00 Levy code: Assessed value of land: Assessed value of improvements: Levy code: Assessed value of land Assessed value of improvements: 1457 $1,000.00 1457 $5,000,00 $0.00 Affects: Parcel B Based on the Treasurer's records, the name and address of the last taxpayer/owner is: Ruth Matelich 24200 Buena Vista Dr. Black Diamond, WA 98010 4. The legal descriplion submitted has been modified to comply with the public records and to reflect the parties presumed intent. Closing instructions must indicate that the legal description has been reviewed and approved by all parties to this transaction. This page is onty a pad of a zOtS {LTA@ Co^mitment lor Title tnsurance. This Commitment is not vatid witllout the Notice; the Comilitmenl lo /ssue Policy; the Commitment Condilions; Schedule A; Schedule B, Paft l-Requirements; and Schedule B, Paft ll- Exceptions; and a counter-signalure by the Canpany a/ ils lssulng agent that may be in electranic form, Gopyright 2006-2015 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited Reprinted under license from the American Land Title Association. Paqe 9 of 16 n '& 5. 6. We find no pertinent matters of record against the name(s) of the vested owners We find no conveyances within the last 36 months NOTE: The Recording No. of the Deed under which title is held is: 20060207000639 , 20060207000640 and 2007041 9002338. The names of the proposed insured were nol furnished in the application for title insurance, and when disclosed, the commitment will be subject to such matters as may be found by a search of the records against said names. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. Matters set forth by survey:Recorded: March 19, 1997 Recording No.: 9703199001 7 I 9. 10 Matters set forth by survey Recorded: Recording No.: Matters set forth by survey Recorded: Recording No.: April 1 ,1997 9704019002 April 16, 2007 2007041690001 1 End of Special Exceptions This page is anly a pad of a 2u a ALTA@ Co*nitment for Title lnsurance. This Commitment is not valid wilhout the Notice: lhe Commitment to lssue Policy: the Commitment Conditions; Schedule A; Schedule B, Paft l-Requiremenle; and Schedule B, Part ll- Exceptions: and a counter-signaturc by the Conpany or ils /ssuing agent that lnay be in eleclronic form. Copyright 2006.2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is resiricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from lhe American Land Title Association. Paqe l0 of l6 I AMtRIC N IAND TITLF *