HomeMy WebLinkAboutCAG2020-135 - Original - Ronald L. & Elaine V. Wagers - Signature Pointe Levee Improvements Project - Parcel Number 543620084409 - 05/13/2020 Agreement Routing Form
11� KENT For Approvals,Signatures and Records Management
WASHINGTON
This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms.
(Print on pink or cherry colored paper)
Originator: Cheryl Rolcik-Wilcox Department. Public Works
Date Sent: 5/12/20 Date Required: 5/13/20
R
0 Authorized ❑ Director or Designee Date of
0 6/4/19
0. to Sign: Council
0 Mayor Approval:
Budget 13-3003 Grant? Yes No
Account
Number: Type: N/A
Vendor Ronald L. and Elaine V. Wagers Category. Purchase/Sale
Name:
= Vendor Sub-Category
o Number.
M Project
E Name: Signature Pointe Levee Improvements Project
0
c Project Purchase and Sale Agreement; Deed to transfer property to City at close
Z Details:
C
all Agreement Basis for
E g $1 214 000.00
0 Amount: Selection of
Contractor:
a
Start Date: Termination Date:
L
equired prior to 1:1Yes No Contract Number: j � 2V
re? ut
Date Received by City Attorney: Comments: OK to sign,5/12/2020,TW.
a+ _
c
3 5/12/2020
0
ac
N
41
3 i
ld ,_-
pn Date Routed to the Mayor's
air Date Routed to the City Clerk's O 'ce:
l e
Date Sent to Originator:
Visit Documents.KentWA.gov to obtain copies of all agreements
adccW22373_6_19
PUBLIC WORKS ADMINISTRATION
Chad Bieren, PE
Deputy Public Works Director/ City Engineer
400 West Gowe
Kent, WA 98032
1400 �� Fax: 253-856-6500
KENT
WASHINGTON
PHONE: 253-856-5500
Memo
To: Mayor Dana Ralph
From: Cheryl Rolcik-Wilcox, Property & Acquisition Analyst
Date: May 12, 2020
Re: Signature Pointe Levee Project - Wagers Property Acquisition
Mayor Ralph -
Attached please find a Deed and Purchase & Sale Agreement for the acquisition of the Wagers
property for the Signature Pointe Levee Project. The documents have several places that
require your signature or initials, so I've outlined them below.
• Deed: There is a signature required on the third page of the Deed (don't worry about
the signature lines on the attached Real Estate Excise Tax Affidavit or the Real Property
Voucher-I can sign those as Grantee's Agent).
• Purchase & Sale Agreement: In addition to the signature at the end of the Purchase &
Sale Agreement, each page will need to be initialed where indicated.
• Exhibit to Purchase & Sale Agreement: Exhibit C to the Purchase & Sale Agreement also
needs your signature under the section entitled "Buyer's Acknowledgment" at the end of
the exhibit. No signature is needed below the title that reads "Buyer's Waiver of Right to
Receive...."
Thank you, and I hope you are staying well and healthy!
After recording return document to:
f
City of Kent
# Attn: Public Works
2020 Fourth Avenue South
j Kent,WA 98032
i
I
i
Document Title: Warranty Deed
Grantors: Ronald L. Wagers and Elaine V.Wagers
Grantee: City of Kent,a municipal corporation
Legal Description: Lot 2,SP# SPC-78-32,Rec#7812190862
Assessor's Tax Parcel Number: 543620084409
WARRANT' DEED
SIGNATURE POINT LEVEE PROJECT
The Grantors, Ronald L. Wagers and Elaine V. Wagers, husband and wife for and in
consideration of the sum of TEN DOLLARS AND NO/100 ($10.00) Dollars, and other
valuable consideration, hereby conveys and warrants to the City of Kent, a municipal
corporation Grantee, the following described real property situated in King County, in the
State of Washington, under the imminent threat of the Grantee's exercise of its rights of
Eminent Domain:
Lot 2, City of Kent Short Plat No. SPC-78-32, recorded under Recording No.
7812190862,records of King County, Washington;
Situate in the County of King, State of Washington.
LPA-302 Page 1 of(3)Pages Parcel No.543620084409
10/2014
WARRANTY DEED
It is understood and agreed that delivery of this deed is hereby tendered and that the
terms and obligations hereof shall not become binding upon the City of Kent unless and until
accepted and approved hereon in writing for the City of Kent, by its authorized agent.
Date:
Ronald L. Wagers
I
a
Elaine V. Wagers
LPA-302 Page 2 of(3)Pages Parcel No.543620084409
10/2014
t
{
WARRANTY DEED
STATE OF WASHINGTON )
ss
County of King )
On this J; '" day of �Ma ,2020 before me personally appeared Ronald L.Wagers
and Elaine V. Wagers to me known to be the individuals described in and who executed the
foregoing instrument,and acknowledged that they signed and sealed the same as their free and
voluntary act and deed,for the uses and purposes therein mentioned.
GIVEN under my hand and official seal the day and year last above written.
mj-�acc' Vo-w
�tiuruw++q�
������ 0^BUq 4*� Notary Public in and for the State of
Nip£R 5h.y/ Washington,residing at fASA
NO .,
_ My commission expires Z - 7-0 2-I ° ► -40 c
PUBLIC ;
�• ��•� `tea
Accepted and Approved
City of Kent
By: ' J Date
!:H '-Z'I
Title:
Authorized Agent
LPA-302 Page 3 of(3)Pages Parcel No.543620084409
10/2014
Department of
Revenue"
lMoshmgton Store
REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt
PLEASE TYPE OR PRINT CHAPITR8245 RCW—CHAPTER 458-61AWAC when stamped by cashier
THIS AFFIDAVIT WILL NOT HE ACCEPTED UNLESS ALI,AREAS ON ALL PAGES ARE,FULLY COMPLETED
(See back cf last page for,mouchons}
rtla to x it
Name Ronald&Elaine Wavers Name City of Kent
Public Works Deoa=ent
Minhog AddrprP.Ct.Art 1O Mailmg Addnss2020 4
th-Ave....S _--_-- -_.--.
CityrstAtdrpAuhum._WA98071 is Cityrstmei7;pKen1 WA��2 —
Phone No.(includmg area case)j 3j$j -Q-�Z4_ Phone No(including xrea cwk)
Send.all property,-corre3pm dencc to:❑✓Sameaa E BoyerlOrarrtee List all Teal and personal property tax parcel account List assessed vatu4s)numbers -check fins if personal property
Name 54362008409 F1 475,000
3
Mai ling Address 0
Citylslatc!zip n
Phone Nn(including area ceder) f1
® Street address of property 6804 S.251st SI Kent WA 98032
This property is located in King County
[:]Check box if any of the listed parcels are being segregated from another parcel;are part of a boundary line adjustment or parcels being merged.
Legal dcacriptioe,of property(if more space is needed,you may attach a separate sheet to each page of the affidavit)
Lot 2,City of Kent Short Plat No,SPC-78-32,retarded under Recording No,7812190862,records of King County,Washington;
Situate in the County of King,Slate of Washington.
Select Land lJse Cade a: List all personal property(tangible and intangible)included in selling
62- qNy reatd«rc. Mulpi..2 4'1"4141
Price.
enter any additional codes:
(See back of last page for instructions)
YES NO
Wrss the seller receiving a property tax exemption or deferral under ❑ ❑r
chapters 84 36,84 37,or M.3g It('W(ntaprOst WdMnindjoh,senior
cdize L or dLNrbltxl pessm hrmarwtta with)knifed in so nsW
If claiming an exemption,list WAC number and reason for exemption:
YNS NO
Is this prcpnty designated as forest land per chapter M33RCW? ❑ ❑ WAC No.(Section(Sabscetion) WAC458-61A-206
Is this property classified asaa real use(gxnsifacr,fiammid ❑ ❑ Reason for exemption
agricultural,or timber)]slid per chapter 84 34 RCW?? Eminent Domain
Is gas property receiving specud valuation as;historical property ❑ v❑
per chapter 84 26 RCW?
Muy answers me,yes.crmpleteasimtrudedbelow Type ofDocumenl Warranty Deed
(1)NO'rrcE OF CONTINUANCE(FOREST I AND OR CURRENT USE)
!YEW OWNER(S):To continue the current designation as forest land or Date of Document
elassit1whon as current use(o pm space,farm and agiculmre,or timber)land Gross Selling Price S 1,214,000.00
you must sign on(3)below.The county assessor must then determine i tare
land transferred continues to qualify and will indicate by signing below.if the *Personal Property(deduetl S
land no longer qualifies or you do not wish to continue the designation or Exemption Claimed(deduct) i 1,214,000.00
classification,it will be removed and the compensating or additional taxes will
be due and payable by the sellerortransferwat the finreofsale.(RCW Taxable Selling Price S 0•00
84.33,140orK('W Mal 34,108).Priortusigning(3)below,you may unttnct Excise Tax:Slate S 0-W
your locat axmly assessor for more i6xmalion, 0,0050 Local S 0.00
This land Eldoes [)doesnot qualifi-forc:ontinuance. *Delinquent Interest-Slate S
Local S
DEPUTY ASSESSOR DATE
(2)NOTICE OF COMPLIANCE(HISTORIC PROPERTt "Delinquan[Penalty S
�
NEW OWNER(S):To continue special valuation as historic property, Subtotal .S OXD
ter(3)below.If the new owners)does not wish to continue,all "State Technology Fee S 5.00
additional tax calculated pursuant to chapter 84.26 RCW,stall be due grid payable by the seller or transferor at the time of sale- 'Affidavit Processing Fee S 0.00
(3) OWNRR(S)SIGNATURE Total Due S 10.00
PRINT NAME A MINIMUM OF$10.00IS DUE IN FEE(S)ANWOR TAX
*SEE INSTRUCTIONS
I CERTIFY'UNDER PENALTY OFPERJURY THAT THE FOREGOING IS TRUE AND CORRECT,
Signature of Signature of
Grantor or Grantor's AReat Grantee or Grantee's Agent
Name(print) ,J/11� Y Name(print) Cheryl Rolcik-Wilcox Agent
Date&city of signing: -�%� � -C- [)are&city of signing; May 12, 2020, Kent WA
Perjury:Perjury is a class C Welty wldcb is punisluble by imprisonrneut in the state conectimral institution for a maximum Icon of not more than five years,or by
a fine in an amount fixed by the court ofirm more than five thousand dollars(55,000,00)or by both imprisonment and fine(RCW 9A20 020 NC)))
REV 84 0001.(6-7106117) 'PHIS SPACE-'TREASURER'S USE ONLY COUNTY TREASURER
REAL PROPERTY VOUCHER
AGENCY NAME I heroby certify under penalty of perjury that the items and amounts,listed herein are
l-� proper rhargas against the Agency,that the same or any part!hereof
} C i`J{�� of
Kent has not been paid..and that I am authorized to sign for the claimant.
!I Public Works
2020 4th Ave S Kent, WA 98032 p SIGNATURE(IN INK)FOR EACH CLAIMANT p, tr_
GRANTOR OR CLAIMANT(NAME,ADDRESS) r7SN:
x
Ronald and Elaine Wagers Ronald L. Wagers t / �9'00'j
P.O. Box 1994 /
Auburn,WA 98071
PROJECT NO.AND TITLE
Ciyt of Kent
Signature Point Levee Project
FEDERAL AID NO. PARCEL NO. Elaine V. Wagersj-
543620084409
In full,templets and final payment and setbernent for the title or interest conveyers or released,as fully set fodh n DATED $ AMOUNT
LAND:
2.01 acres + $812,500.00
IMPROVEMENTT
2,613 sf residence + $35',500.00
DAMA E
Cost to Cure +
Proximity +
Other
SPECIAL
JC(Just Compensation)Amount $1,170,000. 0
REMAI D :
Uneconomic Remnant +
Excess Acquisition _
DEDUCTIONS:
Amount Previously Paid
Performance Bond "--
Salvage Amount
Pre Paid Rent
Other
ADMINISTRATIVE SETTLEMENT + $43 250.00
STATUTORY EVALUATION ALLOWANCE + $750.00
ESCROW FEE +
REAL ESTATE EXCISE TAX +
OTHER:
}
ACQUISITION AGENT DATE oucher No. TOTAL AMOUNT PAID
Melinda Burkhart fvu , �c�
.511 $1,214,000.00
AUTHORIZED AGENT FOR AGENCY OA F
Cheryl Rolcik-Wilcox t`*— 5/13/20
LPA-321 1012014
Form
® Request for Taxpayer Give Form to the
(Rev.November 2017) Identification Number and Certification requester.Do not
rtmanz of the Treasury send to the IRS.
Internal P�venue Service ►Go to www.irs.gov/FormW9 for instructions and the latest information.
1 r�cA1144
(as shown on your in e t, X)ax um, m is r uired on this tine;do not leave this line blank.
7
2 Business name/disregarded entity name,if different from above
3 Check appropriate box for federal tax classification of the person whose name is entered on line 1.Check only one of the 4 Exemptions(codes apply only to
following seven boxes. certain entities,not individuals;see
a
o
9 Individuatlsole proprietor or ❑ C Corporation ❑ S Cor oration nstructions on page 3}:
N single-member LLC p Partnership ❑ Trust/estate
Exempt payee code(if any)
CL
❑ Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership)►
p « Note:Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting
c W LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is code(if any)
e c another LLC that is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC that
d 2 is disregarded from the owner should check the appropriate box for the tax classification of its owner.
`t
o ❑ Other(see instructions)► p e� arnra;nan o-eisr e me ts.�
mQ
u) 5 dress(number,stria,and apt,or suite no fee In ructions. Requester's name and address(optional)
as / � ,)/
a> /
8 City,state,and ZIP code, f &) j/
&,116
7 List account number(s)here(optional)
Taxpayer Identification Number(TIN)
Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid Social security number
backup withholding.For individuals,this is generally your social security number ISSN).However,for a
resident alien,sole proprietor,or disregarded entity,see the instructions for Part 1,later.For other _
�9 —
entities,it is your employer identification number(EIN).If you do not have a number,see How to get a
TIN,later. or
Note:If the account is in more than one name,see the instructions for line 1.Also see What Name and Employer identification number
Number To Give the Requester for guidelines on whose number to enter.
11 Certification [TI -M I [ T
Under penalties of perjury,I certify that:
1.The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and
2. 1 am not subject to backup withholding because:(a)I am exempt from backup withholding, or(b)I have not been notified by the Internal Revenue
Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c}the IRS has notified me that i am
no longer subject to backup withholding;and
3. 1 am a U.S.citizen or other U.S.person(defined below);and
4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct.
Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because
you have failed to report all interest and dividends or your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid,
acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments
other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions for Part II,later.
Sign �S,gnature of Here U.S.person► Date►
General Instructions •Form 1099-DIV(dividends,including those from stocks or mutual
Section references are to the Interral Revenue Code unless otherwise funds)
noted. •Form 1099-MISC(various types of income,prizes,awards,or gross
Proceeds)
Future developments.For the latest information about developments
related to Form W-9 and its instructions,such as legislation enacted ' Form 10ns b (stock or mutual fund sales and certain other
transactions
after they were published,go to www.lrs.gov1FomtW9. brokers)
•Form 1099-S{proceeds from real estate transactions}
Purpose of Form •Form 1099-K(merchant card and third party network transactions)
An individual or entity(Form W-9 requester)who Is required to file an •Form 1098(home mortgage interest),1098-E(student loan interest),
information return with the IRS must obtain your correct taxpayer 1098-T(tuition)
identification number(TiN)which may be your social security number • Form 1099-C(canceled debt)
(SSN),individual taxpayer identification number(ITIN),adoption •Form 1099-A(acquisition or abandonment of secured property)
taxpayer identification number(ATIN),or employer identification number
(EIN),to report on an information return the amount paid to you,or other Use Form W-9 only if you are a U.S.person(including a resident
amount reportable on an information return.Examples of information alien),to provide your correct TIN.
returns include,but are not limited to,the following. If you do not return Form W-9 to the requester with a TiN,you might
•Form 1099-INT(interest earned or paid) be subject to backup withholding.See What is backup withholding,
later.
Cat.No.10231 X Form w-9(Rev.11-2017)
REAL ESTATE PURCHASE AND SALE AGREEMENT
WITH EARNEST MONEY PROVISION
This Agreement is entered between the CITY OF KENT, a Washington
municipal corporation ("Buyer"), whose mailing address is 220 4th Avenue South,
Kent, Washington 98032-5895, and RONALD L. and ELAINE V. WAGERS
("Seller"), whose mailing address is PO Box 1994, Auburn, WA 98071 for the sale
and purchase of real property as follows:
I. PROPERTY. The Property, which Buyer agrees to buy and Seller agrees
to sell, is known as King County Tax Parcel Number 543620-0844, approximately
87,588 square feet in size and located at 6804 S. 2515t 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 Rainier Title Insurance Company (the
"Escrow Agent"), the sum of Five Hundred Thousand Dollars and NO/100ths
($500,000.00) in the form of a check, as fully 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 One
Million Two Hundred Fourteen Thousand Dollars and NO/100ths ($1,214,000.00),
which amount includes the Earnest Money, payable on Closing.
4. CONTINGENCIES. This Agreement is contingent upon:
a. The Buyer authorization set forth in Section 18 of this Agreement and
the other contingencies provided for throughout this Agreement.
b. No later than 10 business days after the date of mutual acceptance of
this Agreement, Seller shall deliver to Buyer, in a manner consistent with paragraph
17, a completed Real Property Transfer Disclosure Statement ("Disclosure
�1 �i' ' e�
Buyer's Initials! Seller's Initials Seller s Initials
Real Estate Purchase and Sale Agreement Page 1 of 9
Statement") in the form attached as Exhibit "C". If Seller fails to deliver the
Disclosure Statement by the required deadline, then unless Buyer waives this
contingency in writing the Agreement shall terminate and neither Buyer nor Seller
shall have any further rights, duties or obligations hereunder, except that the Earnest
Money in Escrow shall be immediately returned to Buyer.
C. Within 5 business days of Buyer's receipt of the Disclosure Statement
delivered in a timely manner from Seller, Buyer shall, in its sole and absolute
discretion, either approve and accept the Disclosure Statement or rescind this
Agreement by delivering to Seller a written rescission notice. If Buyer neither accepts
nor delivers a written rescission notice, then Buyer will be deemed to have approved
and accepted the Disclosure Statement. If Buyer delivers a written rescission notice,
then this Agreement shall terminate and neither Buyer nor Seller shall have any
further rights, duties or obligations hereunder, except that the Earnest Money in
Escrow shall be immediately returned to Buyer.
d. A feasibility study as follows:
i. Buyer shall have 60 days from the date of mutual acceptance of
this Agreement to determine, in Buyer's sole and absolute discretion, if the property
is feasible for the purposes and uses intended ("Feasibility Period"). This contingency
may be waived sooner than 60 days if only a Phase I environmental assessment is
required. However, if it is determined that a Phase II environmental assessment is
necessary, the full 60-day Feasibility Period will be required and a further extension
of the Feasibility Period may be necessary.
ii. Buyer's feasibility study may include (but is not limited to) a
Phase I and a Phase II environmental assessment, to determine if the Property is
feasible for the purposes and uses intended.
iii. A Phase I environmental assessment generally will consist of a
review of title of ownership and land use, review of geologic and hydrologic maps of
the area, review of federal and state databases for known hazardous water
generators or contaminated sites, and a site visit. If the Phase I review reveals the
potential of a contaminated site, a Phase II environmental assessment may be
conducted, which generally will consist of on-site sampling, including the digging or
boring of test holes for soil samples. If a Phase II e .ronmental assessment is
Buyer's Initials-.& Seller's Initials Seller's Initial
g&
Real Estate Purchase and Sale Agreement Page 2 of 9
required, the Feasibility Period and Closing Date may be extended to accommodate
the process required to conduct the assessment. BY EXECUTING THIS AGREEMENT,
SELLER HEREBY AUTHORIZES BUYER A RIGHT OF ENTRY ON TO THE PROPERTY FOR
THE PURPOSE OF CONDUCTING THIS FEASIBILITY STUDY INCLUDING A PHASE I
AND IF NECESSARY, A PHASE II ENVIRONMENTAL ASSESSMENT. SELLER WILL BE
NOTIFIED IF A PHASE II ENVIRONMENTAL ASSESSMENT IS TO BE CONDUCTED.
iv. Buyer agrees to conduct its feasibility study at its sole cost and
expense; and if Buyer does not remove the feasibility contingency, then Buyer also
agrees, if requested by Seller, to deliver to Seller copies of all information and
documentation obtained by Buyer in connection with the feasibility study. If Buyer
fails to notify Seller of its approval of the Property, in writing, on or before the
expiration of the Feasibility Period, then this Agreement shall be terminated, and
neither Buyer nor Seller shall have any further rights, duties or obligations hereunder,
except that the Earnest Money in Escrow shall be immediately returned to Buyer.
Following any environmental assessment, Buyer agrees to return the property to its
original state (i.e. fill all boring holes, etc.).
e. This Agreement is also contingent upon insurability of title as addressed
in paragraph 6 below.
Should any of the contingencies provided for above or throughout this
Agreement 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.
S. 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) 9 through 15 of Rainier Title Report Number
735727RT, described in Exhibit '"D", 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
)
Buyers InitialsQO Seller's InitialO Seller's Initia,4 "�/
Real Estate Purchase and Sale Agreement Page 3 of 9
special exceptions listed in Exhibit "D", 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 Rainier Title, 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: 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.
7. CLOSING COSTS AND PRO-RATIONS. The escrow fee, and Excise
Tax, if applicable, shall be paid by Buyer, 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, every reasonable effort will be made to
close this sale by 5:00 PM on June 15, 2020. However, if completion of the
environmental assessment is required under Section 4.d., the parties agree to
extend the Closing date to allow for such testing. 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 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.
a
Buyer's Initialfy� Seller's Initials l Seller's Initial
Real Estate Purchase and Sale Agreement Page 4 of 9
4
I
9. CASUALTY LOSS. If, prior to Closing, improvements on the Property
shall be destroyed or materially damaged by fire or other casualty, this Agreement,
at option of the Buyer, shall become null and void.
10. POSSESSION. Buyer shall be entitled to possession on Closing.
11. SELLER'S REPRESENTATIONS. Seller represents:
a. that Seller will maintain the Property in 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 Seller is in possession of the Property and the Property is not
subject to any lease or rental agreements.
12. SELLER'S ENVIRONMENTAL REPRESENTATIONS. Seller represents
that, to the best of Seller's knowledge, Seiler 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.
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 (in luding, without limitation,
Buyer's Initials.i� Seller's Initials f Seller's Initial&e—
Real Estate Purchase and Sale Agreement Page 5 of 9
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
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.
Buyer's Initials, Seller's Initials Seller's Initial
gg��j
Real Estate Purchase and Sale Agreement Page 6 of 9
i
i
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
CRoicik-WilcoxC@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:
Ronald L. and Elaine V. Wagers
PO Box 1994
Auburn, WA 98071
(c) All notices to be given to Escrow Agent shall be addressed as follows:
Jennie Graddon
Rainier Title Insurance Company
20435 721d Ave. S., #155
Kent, WA 98032
JennieGC&Rain ierTitle.corn
213-216-0240
Either party hereto may, by written notice to the other, designate such other address
for the giving of notices as necessary. All notices shall be deemed given on the day
such notice is personally served, or on the date of the facsimile transmission, or on
the third day following the day such notice is mailed in a cordance with this section.
Buyer's Initials, Seller's Initials Seller's Initial
Real Estate Purchase and Sale Agreement Page 7 of 9
IS. CITY COUNCIL ACTION. The Kent City Council authorized this
property acquisition through its approval of the Interlocal Agreement between the
City of Kent and King County Flood Control Zone District, dated June 4, 2019,
regarding the Signature Point Levee Project
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.
22. EXPIRATION OF OFFER. Seller shall have only until 5:00 pm on May
15, 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 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's Initials_ Seller's Initials A11101 Seller's Initial
Real Estate Purchase and Sale Agreement Page 8 of 9
BUYER:
CITY OF KENT
1
Name: Dana Ralph
Title: Mayor
Dated: I�
SELLER:
,LF
Name:_ Ronald L. Wagers
Dated: 5-
,e-,,Le f
Name: Elaine V. Wagers
Dated: 5 --1, -�
Buyer's Initial Seller's Initials
�� Seller's Initiats�� 0
Real Estate Purchase and Sale Agreement Page 9 of 9
EXHIBIT C
DATE:-? —? SELLER: 44ELLER:
Seller's Disclosure Statement - Page 9 of 9
Improved Ver. Effective 3-10-20
File No. 735725RT
Exhibit A—Legal Description
All that portion of the following described Parcel A lying Westerly of a Iline drawn 30 feet
Westerly of and parallel with the "A"line centerline of SSH 2-M (SR 181) Kent- Junction
SSHS-A(SR 516)Vicinity.
Parcel A:
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 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
EXHIBIT B
King County Tax Parcel No. 781219-0862
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KE+T t' Ps X 7Eil1l+tiBB2
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� `� '�•, r.._._.�..� � IN.
EXHIBIT C
i
i
INSTRUCTIONS TO THE SELLER
Please complete the following form. Do not leave any spaces blank. If the question clearly
does not apply to the property write "NA." If the answer is "yes" to any * items, please explain
€ on attached sheets. Please refer to the line number(s) of the question(s) when you provide
your explanation(s). For your protection you must date and sign each page of this disclosure
statement and each attachment. Delivery of the disclosure statement must occur not later
than five business days, unless otherwise agreed, after mutual acceptance of a written
contract to purchase between a buyer and a seller.
NOTICE TO THE BUYER
THE FOLLOWING DISCLOSURES ARE MADE BY SELLER ABOUT THE CONDITION OF THE
PROPERTY LOCATED AT 6804 S. 251st Street, Kent, WA ("THE PROPERTY"), OR AS LEGALLY
DESCRIBED ON ATTACHED EXHIBIT A.
SELLER MAKES THE FOLLOWING DISCLOSURES OF EXISTING MATERIAL FACTS OR
MATERIAL DEFECTS TO BUYER BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY
AT THE TIME SELLER COMPLETES THIS DISCLOSURE STATEMENT. UNLESS YOU AND SELLER
OTHERWISE AGREE IN WRITING, YOU HAVE THREE BUSINESS DAYS FROM THE DAY SELLER
OR SELLER'S AGENT DELIVERS THIS DISCLOSURE STATEMENT TO YOU TO RESCIND THE
AGREEMENT BY DELIVERING A SEPARATELY SIGNED WRITTEN STATEMENT OF RESCISSION
TO SELLER OR SELLER'S AGENT. IF THE SELLER DOES NOT GIVE YOU A COMPLETED
DISCLOSURE STATEMENT, THEN YOU MAY WAIVE THE RIGHT TO RESCIND PRIOR TO OR
AFTER THE TIME YOU ENTER INTO A SALE AGREEMENT.
THE FOLLOWING ARE DISCLOSURES MADE BY SELLER AND ARE NOT THE REPRESENTATIONS
OF ANY REAL ESTATE LICENSEE OR OTHER PARTY. THIS INFORMATION IS FOR DISCLOSURE
ONLY AND IS NOT INTENDED TO BE A PART OF ANY WRITTEN AGREEMENT BETWEEN BUYER
AND SELLER.
FOR A MORE COMPREHENSIVE EXAMINATION OF THE SPECIFIC CONDITION OF THIS
PROPERTY YOU ARE ADVISED TO OBTAIN AND PAY FOR THE SERVICES OF QUALIFIED
EXPERTS TO INSPECT THE PROPERTY, WHICH MAY INCLUDE, WITHOUT LIMITATION,
ARCHITECTS, ENGINEERS, LAND SURVEYORS, PLUMBERS, ELECTRICIANS, ROOFERS,
BUILDING INSPECTORS, ON-SITE WASTEWATER TREATMENT INSPECTORS, OR STRUCTURAL
PEST INSPECTORS. THE PROSPECTIVE BUYER AND SELLER MAY WISH TO OBTAIN
PROFESSIONAL ADVICE OR INSPECTIONS OF THE PROPERTY OR TO PROVIDE APPROPRIATE
PROVISIONS IN A CONTRACT BETWEEN THEM WITH RESPECT TO ANY ADVICE, INSPECTION,
DEFECTS ORWARRANTIES.
Seller is/ is not occupying the property.
DATE: SELLER:
SELLER:
Seller's Disclosure Statement - Page 1 of 9
Improved Ver, Effective 3-10-20
{
EXHIBIT C
I. SELLER'S DISCLOSURES:
*If you answer "Yes" to a question with an asterisk (*), please explain your answer and
attach documents, if available and not otherwise publicly recorded. If necessary, use an
attached sheet.
1. TITLE
[ ] [ ] Don't know A. Do you have legal authority to sell the property? If no,
Yes No please explain.
Don't know *B. Is title to the property subject to any of the following?
Yes No
(1) First right of refusal
(2) Option
(3) Lease or rental agreement
(4) Life estate?
[ ] [ ] Don't know *C. Are there any encroachments, boundary agreements, or
Yes No boundary disputes?
[ ] ] [ ] Don't know *D. Is there a private road or easement agreement for access to
Yes No the property?
[ ] X [ ] Don't know *E. Are there any rights-of-way, easements, or access
Yes No limitations that may affect the Buyer's use of the property?
[ ] )0 [ ] Don't know *F. Are there any written agreements for joint maintenance of
Yes No an easement or right-of-way?
[ ] >< [ ] Don't know *G. Is there any study, survey project, or notice that would
Yes No adversely affect the property?
ICJ [ ] [ ] Don't know *H. Are there any pending or existing assessments against the
Yes No property?
[ ] 9 [ ] Don't know *I. Are there any zoning violations, nonconforming uses, or any
Yes No unusual restrictions on the property that would affect future
construction or remodeling?
[ ] [ ] Don't know *J. Is there a boundary survey for the property?
Yes No
[ ] >< [ ] Don't know *K. Are there any covenants, conditions, or restrictions recorded
Yes No against the property?
2. WATER
A. Household Water
(1) The source of water for the property is:
J4 Private or publicly owned water system
[ ] Private well serving only the subject property
*� Other water system DG D W �Lcr
[ ] [ ] Don't know *If shared, are there any written agreements?
Yes No
[ ] JJ [ ] Don't know *(2) Is there an easement (recorded or unrecorded) for access
Yes No to and/or maintenance of the water source?
[ ] K [ ] Don't know *(3) Are there any problems or repairs needed?
Yes No
t
DATE: SELLER:
f �
SELLER: SELLS
Seller's Disclosure Statement - Page 2 of 9
Improved
Ver. Effective 3-10-20
i
k
4
EXHIBIT C
[ ] [ ] Don't know (4) During your ownership, has the source provided an
Yes No adequate year-round supply of potable water? If no, please
explain.
[ ] [ ] Don't know *(5) Are there any water treatment systems for the property? If
Yes No yes, are they [ ]Leased [ ]Owned
[ ] [ ] Don't know *(6) Are there any water rights for the property associated with
Yes No its domestic water supply, such as a water right permit,
certificate, or claim?
[ ] [ ] [ ] Don't know (a) If yes, has the water right permit, certificate, or claim been
Yes No assigned, transferred, or changed?
*(b) If yes, has all or any portion of the water right not been
used for five or more successive years?
[ ] ] [ ] Don't know *(7) Are there any defects in the operation of the water system
Yes No (e.g. pipes, tank, pump, etc.)?
B. Irrigation Water
[ ] [ ] Don't know (1) Are there any irrigation water rights for the property, such
Yes ro as a water right permit, certificate, or claim?
[ ] [ ] [ ] Don't know *(a) If yes, has all or any portion of the water right not been
Yes No used for five or more successive years?
[ ] [ ] [ ] Don't know *(b) If so, is the certificate available? (If yes, please attach a
Yes No copy.)
[ ] [ ] [ ] Don't know *(c) If so, has the water right permit, certificate, or claim been
Yes No assigned, transferred, or changed?
[ ] [ ] Don't know *(2) Does the property receive irrigation water from a ditch
Yes fo company, irrigation district, or other entity? If so, please
identify the entity that supplies water to the property:
C. Outdoor Sprinkler System
[ ] Q [ ] Don't know (1) Is there an outdoor sprinkler system for the property?
Yes No
[ ] [ ] [ ] Don't know *(2) If yes, are there any defects in the system?
Yes No
[ ] [ ] [ ] Don't know *(3) If yes, is the sprinkler system connected to irrigation
Yes No water?
3. SEWER/ON-SITE SEWAGE SYSTEM
A. The property is served by:
[ ] Public sewer system,
J4 On-site sewage system (including pipes, tanks, drainfields,
and all other component parts)
[ ] Other disposal system, please describe:
[ ] [ ] [ ] Don't know B. If public sewer system service is available to the property, is
Yes No the house connected to the sewer main? If no, please explain.
[ ] Pd [ ] Don't know *C. Is the property subject to any sewage system fees or
Yes No charges in addition to those covered in your regularly billed
sewer or on-site sewage system maintenance service?
D. If the property is connected to an on-site sewage system:
DATE:-��",�<52 SELLER: SELLER
Seller's Disclosure Statement - Page 3 of 9
Improved Ver. Effective 3-10-20
I EXHIBIT C
[ ] [ ] XDon't know *(1) Was a permit issued for its construction, and was it
Yes No approved by the local health department or district following its
construction? M
(2) When was it last pumped? 4IPa� �O y125 1160
[ ] [ ] Don't know *(3) Are there any defects in the operation of the on-site
Yes No sewage system?
Don't know (4) When was it last inspected?
By whom:
M'JDon't know (5) For how many bedrooms was the on-site sewage system
approved?
' bedrooms
Don't know E. Are all plumbing fixtures, including laundry drain, connected
Yes No to the sewer/on-site sewage system? If no, please explain: . . . .
[ ] [ ] Don't know *F. Have there been any changes or repairs to the on-site
Ye No sewage system?
[ ] [ ] Don't know G. Is the on-site sewage system, including the drainfield, located
Yes No entirely within the boundaries of the property? If no, please
explain.
[ ] [ ] Don't know *H. Does the on-site sewage system require monitoring and
Yes No maintenance services more frequently than once a year?
NOTICE: IF THIS RESIDENTIAL REAL PROPERTY DISCLOSURE STATEMENT IS BEING
COMPLETED FOR NEW CONSTRUCTION WHICH HAS NEVER BEEN OCCUPIED, THE SELLER
IS NOT REQUIRED TO COMPLETE THE QUESTIONS LISTED IN ITEM 4. STRUCTURAL OR
ITEM 5. SYSTEMS AND FIXTURES
4. STRUCTURAL
[ ] [ I [ ] Don't know *A. Has the roof leaked within the last five years?
Yes No
[ I [ I [ ] Don't know *B. Has the basement flooded or leaked?
Yes No
[ I [ I [ ] Don't know *C. Have there been any conversions, additions, or remodeling?
Yes No
[ I [ I [ ] Don't know *(1) If yes, were all building permits obtained?
Yes No
[ I [ I [ ] Don't know *(2) If yes, were all final inspections obtained?
Yes No
[ ] [ ] [ ] Don't know D. Do you know the age of the house? If yes, year of original
Yes No construction:
[ I [ I [ ] Don't know *E. Has there been any settling, slippage, or sliding of the
Yes No property or its improvements?
[ ] [ ] [ ] Don't know *F. Are there any defects with the following: (If yes, please
Yes No check applicable items and explain.)
Foundations ❑ Decks ❑ Exterior Walls
❑ Chimneys o Interior Walls ❑ Fire Alarm
`. /off r
DATE: SELLER: SELLE .
Seller's Disclosure Statement - Page 4 of 9
Improved Ver. Effective 3-10-20
EXHIBIT C
❑ Doors ❑ Windows ❑ Patio
❑ Ceilings ❑ Slab Floors ❑ Driveways
❑ Pools ❑ Hot Tub ❑ Sauna
❑ Sidewalks ❑ Outbuildings ❑ Fireplaces
ii Garage Floors n Walkways ❑ Siding
I ❑ Other n Woodstoves n Elevators
❑ Incline Elevators ❑ Stairway Chair Lifts n Wheelchair Lifts
[ ] [ ] [ ] Don't know *G. Was a structural pest or "whole house" inspection done? If
Yes No yes, when and by whom was the inspection completed? . . . .
[ ] [ ] [ ] Don't know H. During your ownership, has the property had any wood
Yes No destroying organism or pest infestation?
[ ] [ ) [ ] Don't know I. Is the attic insulated?
Yes No
[ ] [ ] [ ] Don't know J. Is the basement insulated?
Yes No
S. SYSTEMS AND FIXTURES
*A. If any of the following systems or fixtures are included with
the transfer, are there any defects? If yes, please explain.
[ I [ I [ ] Don't know Electrical system, including wiring, switches, outlets, and service
Yes No
[ ] [ ] [ ] Don't know Plumbing system, including pipes, faucets, fixtures, and toilets
Yes No
[ I [ I [ ] Don't know Hot water tank
Yes No
[ I [ ] [ ] Don't know Garbage disposal
Yes No
[ ] [ ] [ ] Don't know Appliances
Yes No
[ ] [ ] [ ] Don't know Sump pump
Yes No
[ ] [ ] [ I Don't know Heating and cooling systems
Yes No
[ ] [ ] [ ] Don't know Security system
Yes No [ ] Owned [ ] Leased
Other . . . .
*B. If any of the following fixtures or property is included with
the transfer, are they leased? (If yes, please attach copy of
lease.)
[ ] [ ] [ ] Don't know Security system . . . . . .
Yes No
[ I [ I [ I Don't know Tanks (type): . . . . . .
Yes No
[ ] [ ] [ ] Don't know Satellite dish . . . . . .
Yes No Other: . . . . . .
DATE`lr SELLER: SELLER
Seller's Disclosure Statement - Page 5 of 9
Improved Ver. Effective 3-10-20
EXHIBIT C
*C. Are any of the following kinds of wood burning appliances
present at the property?
[ ] [ ] [ ] Don't know (1) Woodstove?
Yes No
[ ] [ ] [ ] Don't know (2) Fireplace insert?
Yes No
[ ] [ ] [ ] Don't know (3) Pellet stove?
Yes No
[ ] [ ] [ ] Don't know (4) Fireplace?
I
Yes No
[ ] [ ] [ ] Don't know If yes, are all of the (1) woodstoves or (2) fireplace inserts
Yes No certified by the U.S. Environmental Protection Agency as clean
burning appliances to improve air quality and public health?
[ ] [ ] [ ] Don't know D. Is the property located within a city, county, or district or
Yes No within a department of natural resources fire protection zone
that provides fire protection services?
[ ] [ ] [ ] Don't know E. Is the property equipped with carbon monoxide alarms?
Yes No (Note: Pursuant to RCW 119 ,27=5.`xQ, seller must equip the
residence with carbon monoxide alarms as required by the state
building code.)
[ ] [ ] [ ] Don't know F. Is the property equipped with smoke detection devices?
Yes No (Note: Pursuant to RCW Pa } 4,4 1 1 Q. if the property is not
equipped with at least one smoke detection device, at least one
must be provided by the seller.)
6. HOMEOWNERS' ASSOCIATION/COMMON INTERESTS
[ ] D6 [ ] Don't know A. Is there a Homeowners' Association? Name of Association and
Yes No contact information for an officer, director, employee, or other
authorized agent, if any, who may provide the association's
financial statements, minutes, bylaws, fining policy, and other
information that is not publicly available:
[ ] f [ ] Don't know B. Are there regular periodic assessments:
Yes No
$ . . . per [ ] Month [ ] Year [ ] Other
Don't know *C. Are there any pending special assessments?
Yes No
[ ] k [ ] Don't know *D. Are there any shared "common areas" or any joint
Yes No maintenance agreements (facilities such as walls, fences,
landscaping, pools, tennis courts, walkways, or other areas co-
owned in undivided interest with others)?
7. ENVIRONMENTAL
[ ] P< [ ] Don't know *A. Have there been any flooding, standing water, or drainage
Yes No problems on the property that affect the property or access to
the property?
Don't know %. Does any part of the property contain fill dirt, waste, or
Yes No other fill material?
DATE�'
r—
'J�''�"� SELLER: SELLER.
Seller's Disclosure Statement - Page 6 of 9
Improved Ver. Effective 3-10-20
EXHIBIT C
[ ] [ ] Don't know *C. Is there any material damage to the property from fire,
Yes No wind, floods, beach movements, earthquake, expansive soils, or
landslides?
[ ] Q1] [ ] Don't know D. Are there any shorelines, wetlands, floodplains, or critical
Yes No areas on the property? /00 C/4 LA_" V 0 W n/
Don't know *E. Are there any substances, materials, or products in or on the
Yes No property that may be environmental concerns, such as asbestos,
formaldehyde, radon gas, lead-based paint, fuel or chemical
storage tanks, or contaminated soil or water?
[ ] [ ] Don't know *F. Has the propert been used for commercial or industrial
Yes No purposes? CI—w W-5
[ ] g [ ] Don't know *G. Is there any soil or groundwater contamination?
Yes No
tltl[ ] W [ ] Don't know *H. Are there transmission poles or other electrical utility
Yes No equipment installed, maintained, or buried on the property that
do not provide utility service to the structures on the property?
[ ] [ ] Don't know *I. Has the property been used as a legal or illegal dumping
Yes No site?
[ ] $ [ ] Don't know *3. Has the property been used as an illegal drug manufacturing
Yes No site?
[ ] X [ ] Don't know *K. Are there any radio towers in the area that cause
Yes No interference with cellular telephone reception?
8. MANUFACTURED AND MOBILE HOMES
If the property includes a manufactured or mobile home,
[ ] [ ] [ ] Don't know *A. Did you make any alterations to the home? If yes, please
Yes No describe the alterations: . . . . . . . . . .
[ ] [ ] [ ] Don't know *B. Did any previous owner make any alterations to the home?
Yes No
[ I [ I [ ] Don't know *C. If alterations were made, were permits or variances for
Yes No these alterations obtained?
9. FULL DISCLOSURE BY SELLERS
A. Other conditions or defects:
[ ] [ ] Don't know *Are there any other existing material defects affecting the
Yes No property that a prospective buyer should know about?
B. Verification:
The foregoing answers and attached explanations (if any) are
complete and correct to the best of my/our knowledge and I/we
have received a copy hereof. I/we authorize all of my/our real
estate licensees, if any, to deliver a copy of this disclosure
statement to other real estate licensees and all prospective
buyers of the property.
DATE SELI ER SELLER
5
�_ ,gyp f �
DATE. /al SELLER. -SE
LLER:
LER•
Seller's Disclosure Statement - Page 7 of 9
Improved Ver. Effective 3-10-20
EXHIBIT C
NOTICE TO THE BUYER
INFORMATION REGARDING REGISTERED SEX OFFENDERS MAY
BE OBTAINED FROM LOCAL LAW ENFORCEMENT AGENCIES. THIS NOTICE IS INTENDED
ONLY TO INFORM YOU OF WHERE TO OBTAIN THIS INFORMATION AND IS NOT AN
INDICATION OF THE PRESENCE OF REGISTERED SEX OFFENDERS.
II. BUYER'S ACKNOWLEDGMENT
A. Buyer hereby acknowledges that: Buyer has a duty to pay diligent attention to
any material defects that are known to Buyer or can be known to Buyer by
utilizing diligent attention and observation.
B. The disclosures set forth in this statement and in any amendments to this
statement are made only by the Seller and not by any real estate licensee or
other party.
C. Buyer acknowledges that, pursuant to RCW ;:il,( , ,0!-)0(2), real estate licensees
are not liable for inaccurate information provided by Seller, except to the extent
that real estate licensees know of such inaccurate information.
D. This information is for disclosure only and is not intended to be a part of the
written agreement between the Buyer and Seller.
E. Buyer (which term includes all persons signing the "Buyer's acceptance" portion
of this disclosure statement below) has received a copy of this Disclosure
Statement (including attachments, if any) bearing Seller's signature.
DISCLOSURES CONTAINED IN THIS DISCLOSURE STATEMENT ARE PROVIDED BY SELLER
BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME SELLER
COMPLETES THIS DISCLOSURE STATEMENT. UNLESS BUYER AND SELLER OTHERWISE
AGREE IN WRITING, BUYER SHALL HAVE THREE BUSINESS DAYS FROM THE DAY SELLER OR
SELLER'S AGENT DELIVERS THIS DISCLOSURE STATEMENT TO RESCIND THE AGREEMENT
BY DELIVERING A SEPARATELY SIGNED WRITTEN STATEMENT OF RESCISSION TO SELLER
OR SELLER'S AGENT. YOU MAY WAIVE THE RIGHT TO RESCIND PRIOR TO OR AFTER THE
TIME YOU ENTER INTO A SALE AGREEMENT.
BUYER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS DISCLOSURE STATEMENT AND
ACKNOWLEDGES THAT THE DISCLOSURES MADE HEREIN ARE THOSE OF THE SELLER ONLY,
AND NOT OF ANY REAL ESTATE LICENSEE OR OTHER PARTY.
DATE: t3 1
BUYER:! UYER:
BUYER'S WAIVER OF RIGHT TO RECEIVE COMPLETED SELLER DISCLOSURE STATEMENT
Buyer has been advised of Buyer's right to receive a completed Seller Disclosure Statement.
Buyer waives that right. However, if the answer to any of the questions in the section
entitled "Environmental" would be "yes," Buyer may not waive the receipt of the
"Environmental" section of the Seller Disclosure Statement,
DATE: BUYER: BUYER:
.��' f
DATES 7�y� SELLER: SELLE C
Seller's Disclosure Statement - Page 8 of 9
Improved Ver. Effective 3-10-20
EXHIBIT D
A. ALTA COMMITMENT FOR TITLE INSURANCE
��.. SCHEDULE B PART II
RAINIERTFLE ISSUED BY RAINIER TITLE AGENT FOR
STEWART TITLE GUARANTY COMPANY
I
i
File No.:735727RT
Special Exceptions:
1. Payment of real estate excise tax, if required, pursuant to the authority of RCW Chapter
82.45,and subsequent amendments thereto.
The property described herein is situated within the boundaries of local taxing authority of the
City of Kent. As of the effective date herein,the real estate excise tax rate is 1.78%.
2 General taxes and charges: 1st half delinquent May 1, if not paid; 2nd half delinquent
November 1, if not paid.
Year: 2018
Amount billed: $5,655.17
Amount paid: $0.00
Amount unpaid: $5,655.17
Tax Account No.: 543620-0844-09
Levy code: 1526
Assessed value of land: $137,962.00
Assessed value
of improvements: $270,000.00
Based on the Treasurer's records,the name and address of the last taxpayer/owner is:
Wagers
P.O. Box 1994
Auburn,WA 98071
3. 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.
4. Deed of Trust and the terms and conditions thereof:
Grantor: Ronald L.Wagers and Elaine V. Wagers, husband and
wife
Trustee: First Financial Diversified Corporation
Beneficiary: First Financial Northwest Bank
Original amount: $480,000.00
Dated: October 26, 2017
Recorded: November 7,2017
Recording No.: 20171107W 97
This page is only a part of a 2016 ALTAO Commitment for Title Insurance.This Commitment is not valid without the Notice;the Commitment to Issue Policy;the Commitment
Conditions;Schedule A;Schedule 6,Pad I—Requirements;and Schedule B,Part tl—Exceptions;and a counter-signature by the Company or its issuing agent that may be
in electronic form.
Copyright 2006-2016 American Land Title Association.All rights reserved. 1�11
AM HI',:A•\
The use of this Form(or any derivative thereof)is restricted to ALTA licensees and 'IND T,,,r
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,
Page 6 of 15 -,
5. We find no pertinent matters of record against the name(s)of the vested owners.
6. We find no conveyances within the last 36 months.
NOTE: The Recording No. of the Deed under which title is held is:9708271749.
7. The land described in this commitment appears to be residential in nature and may be
subject to the provisions of RCW 6.13.060(Homestead Statute), if the land is occupied as a
primary residence. If the land is occupied as a primary residence, all instruments conveying
or encumbering the land must be executed by each spouse, individually, or by an attorney-in-
fact. In the event the Company receives instruments that are not joined by the non-owning
spouse with possible homestead rights,the Company may be unable to record or to insure
the transaction.
8. 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.
9. Easement and the terms and conditions thereof:
Purpose: Water main
Recording No.: 224430
The description contained therein is not sufficient to determine it's exact location within the
property herein described.
10. Easement and the terms and conditions thereof:
Purpose: Pipeline
As disclosed by: Amended and Substituted Real Estate Contract
Recorded: February 17, 1961
Recording No.: 5253747
The description contained therein is not sufficient to determine it's exact location within the
property herein described.
11. Easement and the terms and conditions thereof:
Grantee: King County
Purpose: Bank protection and/or other flood control works
Area affected: a portion of said premises
Recorded: February 26, 1964
Recording No.: 5703446
12. Relinquishment of all easements existing,future or potential,for access, light, view and air,
and all rights of ingress, egress and regress to, from and between the land and the highway
or highways to be constructed on land conveyed by deed:
To: State of Washington
Recorded: August 26, 1965
Recording No.: 5920464
13. Relinquishment of all easements existing, future or potential,for access, light,view and air,
and all rights of ingress, egress and regress to, from and between the land and the highway
or highways to be constructed on land conveyed by deed:
To: State of Washington
Recorded: June 8, 1971
Recording No.: 7106080322
This page is only a pad of a 2016 ALTA@ Commitment for Title Insurance.This Commitment is not valid without the Notice,the Commitment to issue Policy;the Commitment
Conditions;Schedule A;Schedule B,Part I—Requirements;and Schedule H,Part It—Exceptions;and a countersignature by the Company or its issuing agent that may be
in electronic form,
Copyright 2006-2016 American Land Title Association.All rights reserved.
The use or this Form(or any derivative thereof)is restricted to ALTA licensees and M1$9C At
ALTA members in good standing as of the date of use.Ail other uses are prohibited
Reprinted under license from the American Land Title Association,
Page 7 of 15
14. Easement and the terms and conditions thereof:
Grantee: State of Washington
Purpose: Drainage system
Area affected: a portion of said premises
Recorded: June 8, 1971
Recording No.: ZV60�0U3
15. All covenants,conditions, restrictions, reservations,easements or other servitudes,if any, but
omitting restrictions, if any,based upon race, color,creed or national origin, disclosed by the
short plat recorded under Recording No.7812190862,
End of Special Exceptions
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This page is only apart of a 2016 ALTAO Commitment for Title Insurance.This Commitment is not valid without tha Notice;the Commitment to Issue Policy;the Commitment
CondSFons;Schedule A;Schedule 8,Part i—Requirements;and Schedule B,Pad It—Exceptions;and a counter-signature by the Company or its issuing agent that maybe
in electronic form.
Copyright 2006-2016 American Land Title Association.All rights reserved, nsMUMEM
The use of this Form(or any derivative thereof)is restricted to ALTA licensees and A M""`"""IT t,iND LF
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.
Page a of 15