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PW13-278 - Original - David & Stacey Donnelly - Purchase of 26005 SE Kent-Kangley Rd - 09/11/2013
REAL ESTATE PURCHASE AND SALE AGREEMENT WITH EARNEST MONEY PROVISION CITY OF KENT AND DAVID D. AND STACEY A. DONNELLY This Agreement is entered between the CITY OF KENT, a Washington municipal corporation, authorized by the Kent City Council on August 201h, 2013 ("Buyer's, whose mailing address is 220 4th Avenue South, Kent, Washington, 98032-5895, and DAVID D. AND STACEY A. DONNELLY, husband and wife ("Seller"), whose mailing address is 26005 S.E. Kent-Kangley Road, Ravensdale, Washington, 98051, 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 252206-9078-07, located at 26005 S.E. Kent-Kangley Road, Ravensdale, Washington, 98051 ("Property"). The Property is legally described in Exhibit "A", attached hereto and incorporated herein by this reference. 2. EARNEST MONEY. Within ten (10) working days of mutual acceptance of this Agreement, Buyer shall deposit with First American Title and Escrow, 555 South Renton Village Place, Suite 150, Renton, WA 98057 ("Escrow Agent"), the sum of Three Thousand Dollars and NO/100ths ($3,000.00) in the form of a Certified Check, as refundable earnest money to be applied toward the purchase price of the Property payable at Closing. t� 3. PURCHASE,PRICE. The tot purchase pric for the Property is ONE '�ir✓c?i' C [''ie> It �.JLSr.e— ��-�)OG�i.i �• . HUNDRED T-EW—�� DOLLARS and NO/100ths ($4-1- including Earnest Money, payable on Closing. IV 4. CONTINGENCIES. This Agreement is contingent upon: 7 A. Buyer's receipt of Seller's information contained in the Real Property Transfer Disclosure Statement ("Disclosure Statement") the form of which is set forth i/ / nEx�hibit "B." Seller shall complete one form for each dwelling unit or Buyer's Initials �� Seller's Initin Seller's Initials• 1 Real Estate Purchase and Sale Agreement Page 1 of 8 specify which dwelling unit is being referenced in the form. The Disclosure Statement shall be completed by the Seller within ten (10) days from the date of mutual acceptance of the Agreement. Within five (5) days of Buyer's receipt of the Disclosure Statement from Seller, Buyer shall either approve and accept the Disclosure Statement, or rescind the Agreement to purchase the Property, in its sole and absolute discretion. If Buyer does not deliver a written rescission notice to Seller within the five (5) day period, Disclosure Statement will be deemed approved and accepted by Buyer. B. A Feasibility Study as follows: i i. Buyer shall have thirty (30) 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. Should any of the contingencies not be met prior to Closing, then this Agreement shall terminate and neither Buyer not Seller shall have any further rights, duties or obligations hereunder, except that the Earnest Money in Escrow shall be immediately returned to Buyer. 5. CONVEYANCE AND CONDITION OF TITLE. The title to the Property shall be conveyed by Seller to Buyer at Closing by Statutory Warranty Deed, free and clear of all liens, encumbrances or defects except those described in Schedule B, paragraph(s) 6 AND 7 of Title Report Number PAK1147122, described in Exhibit "C", attached hereto and incorporated herein by this reference. All other special exceptions therein are to be removed on or before Closing. 6. TITLE INSURANCE. At Closing, Buyer shall cause 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 ele t waive such defects or Bayer's InwaI4,- Seller's Initial Seller's Initials Real Estate Purchase and Sale Agreement Page 2 of 8 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. 8. CLOSING OF THE SALE. WITH THE UNDERSTANDING THAT TIME IS OF THE ESSENCE FOR THIS AGREEMENT, this sale shall be closed on September 30, 2013, which shall also be the termination date of this Agreement, unless said Closing date is extended in writing by mutual agreement of the parties. When notified, the Buyer and Seller will deposit, without delay, in escrow with Escrow Agent, all instruments and monies required to complete the transaction in accordance with this Agreement. Closing, for the purpose of this Agreement, is defined as the date that all documents are executed and the sale proceeds are available for disbursement to the Seller. 9. CASUALTY LOSS. If, prior to Closing, improvements on the Property shall be destroyed or materially damaged by fire or other casualty, this Agreement, at option of the Buyer, shall become null and void. 10. POSSESSION. 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; Bayer's Initials� Seller's Initials / Seller's Initials_ I }' Real Estate Purchase and Sale Agreement Page 3 of 8 - B. that Seller has no knowledge of notice from any governmental agency of any violation of laws relating to the Property except C. that if the Property is leased, Seller will provide copies of each and every lease to Buyer within one (1) working day upon request. 12. SELLER'S ENVIRONMENTAL REPRESENTATIONS. Seller represents that, to the best of Seller's knowledge, Seller is not aware of the existence of, or has caused or allowed to be caused, any environmental condition (including, without limitation, a spill, discharge or contamination) that existed as of and/or prior to Closing or any act of omission occurring prior to Closing, the result of which may require remedial action pursuant to any federal, state or local law or may be the basis for the assertion of any third party claims, including claims of governmental entities. This provision shall survive Closing and be in addition to Seller's obligation for breach of a representation or warranty as may be set forth herein. 13. SELLER'S INDEMNITIES: Seller agrees to indemnify and hold harmless Buyer, against and in respect of, any and all damages, claims, losses, liabilities, judgments, demands, fees, obligations, assessments, and expenses and costs, including, without limitation, reasonable legal, accounting, consulting, engineering and other expenses which may be imposed upon or incurred by Buyer, or asserted against Buyer, by any other party or parties (including, without limitation, a governmental entity), arising out of or in connection with any environmental condition existing as of and/or prior to Closing, including the exposure of any person to any such environmental condition, regardless of whether such environmental condition or exposure resulted from activities of Seller or Seller's predecessors in interest. This indemnity shall survive Closing and be in addition to Seller's obligation for breach of a representation or warranty as may be set forth herein. Buyer'sInitialsi—fl Seller'slnitials Seller's Initials Real Estate Purchase and Sale Agreement Page 4 of 8 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. I 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. 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 be Buyer's Initials Seller's Initials Seller's InitlaGs_o Real Estate Purchase and Sale Agreement Page S of 8 All notices to be given to Buyer shall be addressed as follows: Tim LaPorte, Public Works Director City of Kent 220 Fourth Avenue South Kent, WA 98032 Kelly Peterson, Environmental Conservation Supervisor City of Kent 220 Fourth Avenue South Kent, WA 98032 All notices to be given to Seller shall be addressed as follows: All notices to be given to Escrow Agent shall be addressed as follows: Cheri Bakos First American Title and Escrow 555 South Renton Village Place, Suite 150 Renton, WA 98057 Either party hereto may, by written notice to the other, designate such other address for the giving of notices as necessary. All notices shall be deemed given on the day such notice is personally served, or on the date of the facsimile transmission, or on the third day following the day such notice is mailed in accordance with this section. 18. CITY COUNCIL ACTION REQUIRED. Seller acknowledges that the closing of the transaction contemplated by this Agreement ("Closing") is expressly conditioned on the Kent City Council's ("City Council's") prior authorization to buy the Property under this Agreement ("Council Authorization"), which may or may not be granted `inthe City Council's sole discretion, y r shall not be liable or � Buyer's Initials Seller's Initials Seller's Initials \,! Real Estate Purchase and Sale Agreement Page 6 of 8 obligated for any burden or loss, financial or otherwise, incurred by Seller as a result of the City Council's modification of the final terms and conditions of this Agreement, or the City Council's failure to grant the Council Authorization. I Seller's Waiver. Seller expressly waives any claim against the city of Kent and its elected officials, officers, employees, representative and agents for any burden, expense or loss which Seller incurs as a result of the City Council's failure to grant the Council Authorization. 19. ENTIRE AGREEMENT. This Agreement, including all incorporated exhibits, constitutes the full understanding between Seller and Buyer. There have been no verbal or other agreements that modify this Agreement. 20. BINDING EFFECT AND SURVIVAL. This Agreement shall be binding upon parties hereto and their respective heirs, successors and assigns; and the terms, conditions and provisions of this Agreement shall survive the Closing of this transaction. 21. DATE OF MUTUAL ACCEPTANCE. For the purposes of this Agreement, the date of mutual acceptance of this Agreement shall be the last date on which the parties to this Agreement have executed this Agreement as indicated below. 22. EXPIRATION OF OFFER. Seller shall have only until 5:00 pm on the September 5th, 2013, 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. Buyer's Initials Seller's IniRals4o Seller's Initials`2 V) Real Estate Purchase and Sale Agreement Page 7 of 8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set forth below. BUYER: CITY OF KENT i By: uze Co ke Its Mayor Dated: SELLER: SELLER: David D. Donnelly Stacey A. Donnelly By: 4 By: ��cs (°c,A �C' _ J c Its: 6.LfA)-'L�V2— Its: Dated: 91 Dated: P:\C1VR\F11es\0pen Flles\1141-Donnelly Purchase And Sale\PSA Donnelly.00cx i Buyer's Initials Seller's Initials�T Seller's Initials Real Estate Purchase and Sale Agreement Page 8 of 8 I� Exhibit"A" Vested Owner: David D. Donnelly apd Stacey A.Donnelly, husband and wife Real property in the County of King,State of Washington,described as follows: WEST 100 FEET OF THE SOUTH HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 25,TOWNSHIP 22 NORTH,RANGE 6 EAST,WILLIAMETTE MERIDIAN,RECORDS OF KING COUNTY,WASHINGTON; EXCEPT THAT PORTION THEREOF CONVEYED TO KING COUNTY FOR S,E, KENT-KANGLFY ROAD BY DEED RECORDED UNDER RECORDING NUMBER 2152t79. III EXHIBIT B SELLER'S DISCLOSURE STATEMENT 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. j NOTICE TO THE BUYER THE FOLLOWING DISCLOSURES ARE MADE BY SELLER ABOUT THE CONDITION OF THE PROPERTY LOCATED AT 26005 S.E. Kent-Kangley Road, Ravensdale, Washington 98051, KENT, WASHINGTON, ("THE PROPERTY"), OR AS LEGALLY DESCRIBED ON ATTACHED EXHIBIT A. SELLER MAKES THE FOLLOWING DISCLOSURES OF EXISTING MATERIAL FACTS OR MATERIAL DEFECTS TO BUYER BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME SELLER COMPLETES THIS DISCLOSURE STATEMENT. UNLESS YOU AND SELLER OTHERWISE AGREE IN WRITING, YOU HAVE THREE BUSINESS DAYS FROM THE DAY SELLER OR SELLER'S AGENT DELIVERS THIS DISCLOSURE STATEMENT TO YOU TO RESCIND THE AGREEMENT BY DELIVERING A SEPARATELY SIGNED WRITTEN STATEMENT OF RESCISSION TO SELLER OR SELLER'S AGENT, IF THE SELLER DOES NOT GIVE YOU A COMPLETED DISCLOSURE STATEMENT, THEN YOU MAY WAIVE THE RIGHT TO RESCIND PRIOR TO OR AFTER THE TIME YOU ENTER INTO A SALE AGREEMENT. THE FOLLOWING ARE DISCLOSURES MADE BY SELLER AND ARE NOT THE REPRESENTATIONS OF ANY REAL ESTATE LICENSEE OR OTHER PARTY, THIS INFORMATION IS FOR DISCLOSURE ONLY AND IS NOT INTENDED TO BE A PART OF ANY WRITTEN AGREEMENT BETWEEN BUYER AND SELLER. FOR A MORE COMPREHENSIVE EXAMINATION OF THE SPECIFIC CONDITION OF THIS PROPERTY YOU ARE ADVISED TO OBTAIN AND PAY FOR THE SERVICES OF QUALIFIED EXPERTS TO INSPECT THE PROPERTY, WHICH MAY INCLUDE, WITHOUT LIMITATION, ARCHITECTS, ENGINEERS, LAND SURVEYORS, PLUMBERS, ELECTRICIANS, ROOFERS, BUILDING INSPECTORS, ON-SITE WASTEWATER TREATMENT INSPECTORS, OR STRUCTURAL PEST INSPECTORS. THE PROSPECTIVE BUYER AND SELLER MAY WISH TO OBTAIN PROFESSIONAL ADVICE OR INSPECTIONS OF THE PROPERTY OR TO PROVIDE APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN THEM WITH RESPECT TO ANY ADVICE, INSPECTION, DEFECTS OR WARRANTIES. Seller s/ _ is not occupying the property. 1 DATE: _t 3 SELLER: / SELLER: Seller's Disclosure Statement - Page 1 of 10 Improved EXHIBIT B 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 [Des [ ] No [ ] Don't know A. Do you have legal authority to sell the / property? If no, please explain. [ ] Yes [, No [ ] Don't know *B. Is title to the property subject to any of the following? (1) First right of refusal (2) Option (3) Lease or rental agreement (4) Life estate? [ ] Yes [ ] No [ Don't know *C. Are there any encroachments, boundary agreements, or boundary disputes? [ ] Yes [ ] No [ Don't know *D. Is there a private road or easement / agreement for access to the property? [ ] Yes [,] No [ ] Don't know *E. Are there any rights-of-way, easements, or access limitations that may affect the Buyer's use of the property? [ ] Yes [ No [ ] Don't know *F. Are there any written agreements for joint maintenance of an easement or right-of-way? [ ] Yes [ ] No Don't know *G. Is there any study, survey project, or notice that would adversely affect the property? [ ] Yes [ No [ ] Don't know *H. Are there any pending or existing assessments against the property? [ ] Yes [ ] No [- Don't know *I. Are there any zoning violations, nonconforming uses, or any unusual restrictions on the property that would affect future construction or remodeling? [ ] Yes [ ] No [ • Don't know *J. Is there a boundary survey for the property? [ ] Yes [Do [ ] Don't know *K. Are there any covenants, conditions, or restrictions recorded against the property? G DATE: -1�,I SELLER: SELLER: Seller's Disclosure Statement - Page 2 of 10 Improved i EXHIBIT B 2. WATER A. Household Water (1) The source of water for the property Is: [ ] Private or publicly owned water system [>j'*`pPrivate well serving only the subject Property *[ ] Other water system [ ] Yes [,]�Nc [ ] Don't know * If shared, are there any written agreements? [ ] Yes [. No [ ] Don't know *(2) Is there an easement (recorded or unrecorded) for access to and/or maintenance of the water source? [ ] Yes [ No [ ] Don't know *(3) Are there any problems or repairs needed? [If Yes ( ] No [ ] Don't know (4) During your ownership, has the source provided an adequate year-round supply of potable water? If no, please explain.- [ ] Yes [�No [ ] Don't know *(5) Are there any water treatment systems for the property? If yes, are they [ ] Leased [ ] Owned. [ ] Yes [I No [ ] Don't know *(6) Are there any water rights for the property associated with its domestic water supply, such as a water right permit, certificate, or claim? I [ ] Yes [�/No [ ] Don't know (a) If yes, has the water right, permit, certificate, or claim been assigned, transferred, or changed? [ ] Yes No [ ] Don't know (b) If yes, has all or any portion of the water right not been used for five or more successive years? (If yes, please explain)- *(7) Are there any defects in the operation of the water system (e.g. pipes, to k, p etc.)? (If yes, please explain)_pipes, Irrigation Water [ ] Yes [ ] No [ ] 't know (1) Are there any irrigation water rights for the property, such as a water permit, certificate, or claim? [ ] Yes [ ] No [ ] Don't know, * If yes, has all or any portion of the DATE: Z� / SELLER: SELLER: Seller's Disclosure Statement - Page 3 of 10 Improved EXHIBIT B water right not been used for five or more successive years? [ ] Yes [ ] No [ ] Don't know *(b) If so, is the certificate available? (If We- yes, please attach a copy.) [ ] Yes [ ] No [ ] Don't know *(c) If so, has the water right permit, /A certificate, or claim been assigned, J!/r transferred, or changed? If so, explain: [ ] Yes [ ] No [ ] Don't know , *(2) Does the property receive irrigation water from a ditch company, irrigation district, or other rl entity? If so, please identify the entity that supplies irrigation water to the property: C. Outdoor Sprinkler System [ ] Yes [ ] No [ ] Don't know (1) Is there an outdoor sprinkler system for . IK 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 water? 3. SEWER/SEPTIC SYSTEM A. The property is served by: [ ] public sewer system [ On-site sewage system (including pipes, tanks, drainfields, and all other component parts) [ ] Other disposal system, please describe: [ ] Yes [ ] No [ ] Don't know B. If public sewer system service is available to the property, is the house connected to the _, WA- sewer main? If no, please explain. i [ ] Yes [ ] No [ ] Don't know *C. Is the property subject to any sewage i system fees or charges in addition to those covered in your regularly billed sewer or on-site sewage system maintenance service? D. If/e property is connected to an on- e e system: DATE:�SELLER: SELLER: Seller's Disclosure Statement - Page 4 of 10 Improved EXHIBIT B [] Yes [] No [ Don't know *(1) Was a permit issued for its construction, and was it approved by the local health department or district following its construction? (2) When was it last pumped: [ ] Yes [ ] No [J Don't know *(3) Are there any defects in the operation of the on-site sewage system? Don't know (4) When was it last inspected? By whom: [,�/Don't know (5) For how many bedrooms was the on-site sewage system approved? Bedrooms [ ] Yes [ ] No [. Don't know E. Are all plumbing fixtures, including laundry drain, connected to the sewer/on-slte sewage system? If no, please explain: [ ] Yes [ ] No [4/Don't know *F. Have there been any changes or repairs to the on-site sewage system? [?Y/es [ ] No [ ] Don't know G. Is the on-site sewage system, including the drainfield, located entirely within the boundaries of the property? If no, please explain. [ ] Yes [ No [ ] Don't know *H. Does the on-site sewage system require monitoring and maintenance services more frequently than once a year? If yes, please explain: i NOTICE: IF THIS RESIDENTIAL REAL PROPERTY DISCLOSURE STATEMENT IS BEING COMPLETED FOR NEW CONSTRUCTION WHICH HAS NEVER BEEN OCCUPIED, THE SELLER IS NOT REQUIRED TO COMPLETE THE QUESTIONS LISTED IN ITEM 4. STRUCTURAL OR ITEM 5. SYSTEMS AND FIXTURES. 4. STRUCTURAL [ ] Yes [, No [ ] Don't know *A. Has the roof leaked? [ ] Yes [ ] No [ ] Don't know ,,/(y/ *B. Has the basement flooded or leaked? [• es [ ] No [ ] Don't know l *C. Have there been any conversions, additions, or remodeling? [ ] Yes [ Ko [ ] Don't know J)a� If yes, were all building permits to i ned? DATE: SELLER: SELLER: tiL ' Seller's Disclosure Statement - Page 5 of 10 Improved I I EXHIBIT B I [ ] Yes [ ] No [ ] Don't know �/ *(2) If yes, were all final inspections obtained? [ Yes [ ] No [ ] Don't know D.yes, yearoofou know the age of original construction: house? If [ ] Yes [,/o [ ] Don't know *E. Has there been an settling,, slippage, or sliding of the property or its improvements? [ ] Yes [ ] No [•� Don't know *F, Are there any defects with the following: (If yes, please check applicable items and explain.) ❑ Foundations ❑ Decks ❑ Exterior Walls ❑ Chimneys ❑ Interior Walls ❑ Fire Alarm ❑ Doors ❑ Windows ❑ Patio ❑ Ceilings Li Slab Floors ❑ Drivewa s ❑ Pools ❑ Hot Tub ❑ Saunas ❑ Sidewalks —[I—Outbuildings ❑ Fireplaces ❑ Garage Floors ❑ Walkways ❑ Sidin ❑ Other ❑ Wood Stoves [ ] Yes [4o [ ] Don't know *G. Was a structural pest or"whole house" inspection done? If yes, when and by whom was / the inspection completed? [ ] Yes [, No [ ] Don't know H. During your ownership, has the property had any wood destroying organism or pest infestation? [ ] Yes [ ] No [ ] Don't know !" I. Is the attic insulated? [ ] Yes [ ] No [ ] Don't know (V '( J. Is the basement insulated? S. SYSTEMS AND FIXTURES *A. If any of the following systems or fixtures are included with the transfer, are there any defects? If yes, please explain. [ ] Yes [ ] No [/] Don't know • Electrical system, Including wiring, switches, outlets, and service. [ ] Yes [ ] No [ Don't know • Plumbing system, including pipes, / faucets, fixtures, and toilets. [ ] Yes [ No [ ] Don't know • Hot water tank [ ] Yes [ ] No [. Don't know • G gage disposal DATE:4-00—/, SELLER: SELLER: ��i��' Seller's Disclosure Statement - Page 6 of 10 Improved EXHIBIT B [ ] Yes [ No [ ] Don't know • Appliances [ ] Yes [ ] No [ ] Don't know t ft�/ • Sump pump [ ] Yes [ ] No [ ] Don't know l�� • Heating and cooling systems [ ] Yes [ ] No [ ] Don't know rcl Iy • Security system 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.) [ ] Yes [ ] No [ ] Don't know Security system ALL [ ] Yes [ ] No [ ] Don't know Tanks (type): [ ] Yes [ ] No [ ] Don't know Satellite dish J, [ ] Yes [ } No [ ] Don't know Other: *C. Are any of the following kinds of wood burning appliances present at the property? [ ] Yes [ No [ ] Don't know (1) Woodstove? [ ] Yes [ No [ ] Don't know (2) Fireplace insert? [ ] Yes �K/No [ ] Don't know (3) Pellet stove? [ ] Yes [ [ ] Don't know (4) Fireplace? [ ] Yes [ ] No [ ] Don't know tj If yes, are all of the (1) woodstoves or (2) �V fireplace Inserts certified by the U.S. Environmental Protection Agency as clean burning appliances to improve air quality and public health? HOMEOWNERS' ASSOCIATION/COMMON INTERESTS [ ] Yes [.. No [ ] Don't know A. Is there a Homeowners'Association? Name of the Association and contact information for an officer, director, employee, or other authorized agent, if any, who may provide the association's financial statements, minutes, bylaws, fining policy, and other information that Is not publicly available. DATE: �'v0' f SELLER: SELLER: Seller's Disclosure Statement age 7 of 10 Improved EXHIBIT B [ ] Yes [ ] No [ ] Don't know B. Are there regular periodic assessments: $ per [ ] Month [ ] Year [ ] Other [ ] Yes [I No [ ] Don't know *C. Are there any pending special // assessments? [ ] Yes [, No [ ] Don't know *D. Are there any shared "common areas" or any joint maintenance agreements (facilities such as walls, fences, landscaping, pools, tennis courts, walkways, or other areas co-owned In undivided interest with others)? 7. ENVIRONMENTAL [ ] Yes /No [� on't know *A. Have there been any flooding, standing water or drainage problems on the property that affect the property or access to the property? [ ] Yes [ ] No [ Don't know *B. Does any part of the property contain fill dirt, waste or other fill material? [ ] Yes [. No [ ] Don't know *C. Is there any material damage to the property from fire, wind, floods, beach movements, earthquake, expansive soils, or landslides? [ ] Yes [ ] No [ Don't know D. Are there any shorelines, wetlands, floodplains, or critical areas on the property? [ ] Yes [. No [ ] Don't know *E. Are there any substances, materials, or products on the property that may be environmental concerns, such as asbestos, formaldehyde, radon gas, lead-based paint, fuel or chemical storage tanks, or contaminated soil or water? [ ] Yes [/No [ ] Don't know *F. Has the property been used for commercial or industrial purposes? [ ] Yes [•] No [• Don't know *G. Is there any soil or groundwater contamination? [ ] Yes [• No [ ] Don't know *H. Are there transmission poles or other utility equipment installed, maintained, or burled on the property that do not provide utility service to the structures on the property? [ ] Yes [ No [ I Don't know *I. Has the property been used as a legal or illegal dumping site? [ ] Yes [/J No [ ] Don't know 7 H e property been used as an illegal m acturing site? DATE: 1 h SELLER: _ - SELLER: Seller's Disclosure Statement - Page 8 of 10 Improved i EXHIBIT B [ ] Yes [ ] No [- Don't know *K. Are there any radio towers in the area that may cause interference with cellular telephone reception? S. MANUFACTURED AND MOBILE HOMES If the property includes a manufactured or mobile home, [ ] Yes [ ] No [ ] Don't know/ *A. Did you make any alterations to the home? If yes, please describe the alterations: [ ] Yes [ ] No [.4/Don't know d f *B. Did the previous owner make any fV alterations to the home? [ ] Yes [ ] No [,I/Don't know [{ *C. If alterations were made, were permits or variances for theses alterations obtained? 9. FULL DISCLOSURE BY SELLERS A. Other conditions or defects: [ ] Yes [ ] No [. Don't know *Are there any other existing material defects affecting the property that a prospective buyer should know about? B. Verification: The foregoing answers and attached explanations (if any) are complete and correct to the best of my/our knowledge and I/we have received a 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:�� �� SELLER: SELLER: `r ✓° �i�' vv���� I Seller's Disclosure Statement - Page 9 of 10 Improved EXHIBIT B NOTICE TO THE BUYER INFORMATION REGARDING REGISTERED SEX OFFENDERS MAY BE OBTAINED FROM LOCAL LAW ENFORCEMENT AGENCIES. THIS NOTICE IS INTENDED ONLY TO INFORM YOU OF WHERE TO OBTAIN THIS INFORMATION AND IS NOT AN INDICATION OF THE PRESENCE OF REGISTERED SEX OFFENDERS. II. BUYER'S ACKNOWLEDGMENT A. Buyer hereby acknowledges that: Buyer has a duty to pay diligent attention to any material defects that are known to Buyer or can be known to Buyer by utilizing diligent attention and observation. B. The disclosures set forth In this statement and in any amendments to this statement are made only by the Seller and not by any real estate licensee or other party. C. Buyer acknowledges that, pursuant to RCW 64.06.050(2), real estate licensees are not liable for inaccurate Information provided by Seller, except to the extent that real estate licensees know of such Inaccurate information. D. This information is for disclosure only and is not intended to be a part of the written agreement between the Buyer and Seller. E. Buyer (which term includes all persons signing the "Buyer's acceptance" portion of this disclosure statement below) has received a copy of this Disclosure Statement (including attachments, if any) bearing Seller's signature. DISCLOSURES CONTAINED IN THIS DISCLOSURE STATEMENT ARE PROVIDED BY SELLER BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME SELLER COMPLETES THIS DISCLOSURE STATEMENT. UNLESS BUYER AND SELLER OTHERWISE AGREE IN WRITING, BUYER SHALL HAVE THREE BUSINESS DAYS FROM THE DAY SELLER OR SELLER'S AGENT DELIVERS THIS DISCLOSURE STATEMENT TO RESCIND THE AGREEMENT BY DELIVERING A SEPARATELY SIGNED WRITTEN STATEMENT OF RESCISSION TO SELLER OR SELLER'S AGENT. YOU MAY WAIVE THE RIGHT TO RESCIND PRIOR TO OR AFTER THE TIME YOU ENTER INTO A SALE AGREEMENT. BUYER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS DISCLOSURE STATEMENT AND ACKNOWLEDGES THAT THE DISCLOSURES MADE HEREIN ARE THOSE OF THE SELLER ONLY, AND NOT OF ANY REAL ESTATE LICENSEMORH PARTY. DATE: 13 BUYE YER: BUYER'S WAIVER OF HT 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: UYER BUYER DATE:" (; SELLER: a SELLER: i Seller's Disclosure Statement - Page 10 of 10 Improved I i Form 17 ©Copyright 2012 Seller Disclosure Statement Northwest Multiple Listing Service SELLER DISCLOSURE STATEMENT t ALL RIGHTS RESERVED Rev. is Page 1 of 5 IMPROVED PROPERTY SELLER: "'xoiSN--iaw 1 r To be used in transfers of improved residential re property,including reside tial dwellings up to four rts,new construction,condominiums 2 not subject to a public offering statement, certain timeshems, and manufactured and mobile homes. See RCW Chapter 64.06 and Section 4 - 43.22.432 for further explanations. 5 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 6 answer is"yes"to any asterisked(*)item(s),please explain on attached sheets.Please refer to the line numbcr(s)of the question(s)when you 7 provide your explanation(s).For your protection you must date and initial each page of this disclosure statement and each attachment.Delivery 8 of the disclosure statement must occur not later than five (5) business days, unless otherwise agreed, after mutual acceptance of a written 90 purchase and sale agreement between Buyer and Seller. 1 NOTICE TO THE BUYER THE FOLLOWING DISCLOSURES ARE MADE BY THE SELLER ABOUT THE CONDITION OF THE PROPERTY LOCATED AT 12 k6E5VS 1 �i�Ic--p— CiS��+M ter::7- - , 13 CITY COUNTY_ ("THE PROPERTY")14 OR AS LEGALLY DESCRIBED ON THE ATTACHED EXHIBIT A.SELLER MAKES THE FOLLOWING DISCLOSURES OF EXISTING 15 MATERIAL FACTS OR MATERIAL DEFECTS TO BUYER BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT 16 THE TIME SELLER COMPLETES THIS DISCLOSURE, STATEMENT. UNLESS YOU AND SELLER OTHERWISE AGREE IN 17 WRITING, YOU HAVE THREE (3) BUSINESS DAYS FROM THE DAY SELLER OR SELLER'S AGENT DELIVERS THIS 18 I DISCLOSURE STATEMENT TO YOU TO RESCIND THE AGREEMENT BY DELIVERING A SEPARATELY SIGNED WRITTEN 19 STATEMENT OF RESCISSION TO SELLER OR SELLER'S AGENT, IF THE SELLER DOES NOT GIVE YOU A COMPLETED 20 DISCLOSURE STATEMENT, THEN YOU MAY WAIVE THE RIGHT 10 RESCIND PRIOR TO OR AFTER TIM TIME YOU ENTER 21 22 INTO A PURCHASE AND SALE AGREEMENT. THE FOLLOWING ARE DISCLOSURES MADE BY SELLER AND ARE NOT THE REPRESENTATIONS OF ANY REAL ESTATE 23 LICENSEE OR OTHER PARTY. THIS INFORMATION IS FOR DISCLOSURE ONLY AND IS NOT INTENDED TO BE A PART OF 24 ANY WRITTEN AGREEMENT BETWEEN BUYER AND SELLER. FOR A MORE COMPREHENSIVE EXAMINATION OF THE SPECIFIC CONDITION OF THIS PROPERTY YOU ARE ADVISED TO 26 OBTAIN AND PAY FOR THE SERVICES OF QUALIFIED EXPERTS TO INSPECT THE PROPERTY,WHICH MAY INCLUDE,WITHOUT 27 LIMITATION,ARCHITECTS,ENGINEERS,LAND SURVEYORS,PLUMBERS,ELECTRICIANS,ROOFERS,BUILDING INSPECTORS,ON-28 SITE WASTEWATER TREATMENT INSPECTORS, OR STRUCTURAL PEST INSPECTORS. THE PROSPECTIVE BUYER AND SELLER 29 MAY WISH TO OBTAIN PROFESSIONAL ADVICE OR INSPECTIONS OF THE PROPERTY OR TO PROVIDE APPROPRIATE 30 PROVISIONS IN A CONTRACT BETWEEN"HIEM WITH RESPECT TO ANY ADVICE,INSPECTION,DEFECTS OR WARRANTIES, 31 Seller❑is/❑is not occupying the property. 32 33 L 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 34 publicly recorded.If necessary,use an attached sheet. 35 YES NO DON'T 36 t. TITLE / KNOW 37 ; A. Do you have legal authority to sell the property?if no,please explain. ................................................... ❑ ❑ 38 *B. Is title to the property subject to any of the following? 39 40 (1)First right of refusal..................................................................................................... ❑ ❑ (2)Opti . on.................................................................................................................... ..... .................................❑ F� ❑ 41 (3)Lease or rental agreement ......................................................._............................... ............... ..... ............... ❑ ❑ 42 (4)Life estate? ..................................................................................................................................................❑ ❑/ 43 *C, Are there any encroachments,boundary agreements,or boundary disputes?....................................................❑ ❑/ ld 44 *D. Is there a private road or easement agreement for access to theproperty? ................. ..... ......❑ Cd" ❑ 45 ............................... 45 *E. Are there any rights-of-way,easements,or access limitations that may affect the / 47 Buyer's use of the property? .............................................................................................................................❑ ®/. Li *F. Are there any written agreements for joint maintenance of an easement or right-of-way? ❑ ❑ ❑ 48 *G. Is there any study,survey project,or notice that would adversely affect the property? ....................................❑ ❑/ d 49 50 *H. Are there any pending or existing assessments against the property?................................................................ElZI ❑ 51 *I. Are there any zoning violations,nonconfonuing uses,or any unusual restrictions on the / property that would affect future construction or remodeling? ..................................❑ Li Cl 52 *J. Is there a boundary survey for the property?....................................................................................................❑ ❑/ *K. Are there any covenants,conditions,or restrictions recorded against the property?.........................................❑ ❑ 54 PLEASE NOTE: Covenants, conditions, and restrictions which purport to forbid or restrict the conveyance, encumbrance,occupancy,or 55 lease of real property to individuals based on race,creed,color,sex,national origin,familial status,or disability are void,unenforceable,and 56 illegal.RCW 49.60,224. 57 SELLER'S INITIALS. Date: �� SELLER'S INITIALS: Date: Form 17 SELLER DISCLOSURE STATEMENT ©Copyright 2012 Seller Disclosure Statement IMPROVED PROPERTY Northwest Multiple Listing Service Rev.06/12 ALL RIGHTS RESERVED Page 2 of 5 (Continued) YES NO DON'T 58 KNOW 59 2, WATER 60 A. Household Water 61 (1) .,'.yam/source of water for the property is: ❑Private or publicly owned water system 62 ©Privatc well serving only the subject property*❑ Other water system / *If shared,are there any written agreements? ...........................................................................................❑ C ❑ 63 *(2) Is there an easement(recorded or unrecorded)for access to and/or maintenance 64 of the water source? ........................................ ........................................................................................❑ ❑ ❑� 65 .. *(3) Are there any problems or repairs needed? ...............................................................................................❑ ® ❑ 66 (4) During your ownership,has the source provided an adequate year-round supply / 67 ofpotable water?.......................................................................................................................................0 ❑ ❑ 68 69 If no,please explain: *(5) Are there any water treatment systems for the property? ..........................................................................❑ O� ❑ 70 If yes,are they: ❑Leased ❑Owned 71 *(6) Are there any water rights for the property associated with its domestic water supply, / 72 such as a water right permit,certi 6cate,or claim?....................................................................................❑ Id" ❑ 73 (a) If yes,has the water right permit,certificate,or claim been assigned,n'ansfeaed, p, 74 orchanged? ........................................................................................................................... /A.....❑ ❑ ❑ 75 *(b) If yes,has all or any portion of the water right not been used for five or more nn // ❑ ❑ 76 successiveyears? .................................................................................................................1✓t?`..... / O *(7) Are there any defects in the operation of the water system(e.g.pipes,tank,pump,etc.)? ❑ ❑ 79 7 B. Irrigation Water (1) Are there any irrigation water rights for the property,such as a water right permit, 80 certificate,or claim?...................................................................................................................... ..❑ ❑ ❑ 81 *(a) If yes,has all or any portion of the water right not been used for five or more ,,rrf(�� 82 successiveyears? ..................................................................................................................1.�.'L....❑ ❑ ❑ 83 *(b)If so,is the certificate available?(If yes,please attach a copy.) ............................................. . ....❑ ❑ ❑ 84 *(c) If so,has the water right permit,certificate,or claim been assigned, ❑ ❑ 85 transferred,or changed?.......................................................................................................... .. 86 *(2) Does the property receive irrigation water from a ditch company,irrigation district,or other entity?.r, F-I ❑ ❑ 87 If so,please identify the entity that supplies water to the property: Ip'J 88 t 89 C. Outdoor Sprinkler System �( 90 (1) Is there an outdoor sprinkler system for the property'?................................................................f.VC..���,,Ll C❑ * . J ❑ 92 (2) If yes,are there any defects in the system ....................................................................................!U...... *(3) If yes,is the sprinkler system connected to irrigation water?................................ K:�❑ ❑ ❑ 93 3. SEWER/ON-SITE SEWAGE SYSTEM 94 A. The property is served by: 95 ❑ Public sewer system On-site sewage system(including pipes,tanks,drainfields,and all other component parts) 96 ❑ Other disposal system 97 Please describe: 98 B. if public sewer system service is available to the property,is the house � ffA/ 99 connectedto the sewer main? ........................................................................................................Ai.lC...........❑ ❑ ❑ 100 If no,please explain: Pf 101 *C. Is the property subject to any sewage system fees or charges in addition to those covered ..rh.1 102 in your regularly billed sewer or on-site sewage system maintenance service?.................................lu. .....❑ ❑ ❑ 103 D. If the property is connected to an on-site sewage system: 104 *(I) Was a permit issued for its construction,and was it approved by the local health X05 department or district following its construction?......................................................................................❑ ❑ 06 (2) When was it last pumped? , 117 *(3) Are there any defects in the operation of the on-site sewage system?........................................................❑ Liu �708 (4) When was it last inspected? Z 109 By whom: 0 (5) For how many bedrooms was the on-site sewage system approved? bedrooms 0--ill SELLER'S INITIALS:, Date: 3 SELLER'S INITIALS:— Date: 11 "�—� �3 Form 17 SELLER DISCLOSURE STATEMENT ©copyright 2012 Seller Disclosure Statement IMPROVED PROPERTY Northwest Multiple Listing Service Rev.06/12 ALL RIGHTS RESERVED Page 3 of 5 (Continued) YES NO DON'T 172 E. Are all plumbing fixtures,including laundry drain,connected to the KNOW' 113 sewer/on-site sewage system?...........................................................................................................................❑ ❑ gj 714 If no,please explain: _ _ /115 *F. Have there been airy changes or repairs to the on-site sewage system? ..................... ...............Et ❑ L4' 116 .................... G. Is the on-site sewage system,including the drainfMil,located entirely 117 118 within the boundaries of the property?.............................................................................................................. ❑ ❑ 119 If no,please explaui: *11. Does the on-site sewage system require monitoring and maintenance services more / 120 frequently than once a year? .............................................................................................................................❑ L1 ❑ 121 NOTICE: IF THIS RESIDENTIAL REAL PROPERTY DISCLOSURE IS BEING COMPLETED FOR NEW CONSTRUCTION 122 WHICH HAS NEVER BEEN OCCUPIED,SELLER IS NOT REQUIRED TO COMPLETE TIIE QUESTIONS LISTED IN ITEM 4 123 (STRUCTURAL)OR ITEM 5(SYSTEMS AND FIXTURES). .124 4. STRUCTURAL / 125 *A. Has the roof leaked within the last 5 years?............................................................ .....................................❑ f3 U 126 *13. Has the basement flooded or leaked?................................................................................................................❑ Li127 *C. Have there been any conversions,additions or remodeling'? ............................................................................❑_� ❑ ❑ 128 *(1)If yes,were all building permits obtained? .................................................................................... .......❑ ❑ 129 *(2)If yes,were all final inspections obtained? .................................................................................Iv.A ...❑ / ❑ ❑ 130 i D. Do you know the age of the house? .................................................................................................................. ❑ ❑ 131 If yes,year oforiginal construction: �� -- U ❑ 134 *E. Has there been any settling,slippage,or sliding of the132 property or rts improvements? .......... 133 *F. Are there any defects with the following: (If yes,please check applicable items and explain.).......................❑ ❑ ❑ ❑ Foundations ❑ Decks ❑ Exterior Walls 135 ❑ Chimneys ❑ Interior Walls ❑ Fire Alarms 136 ❑ Doors ❑ Windows ❑ Patio 137 ❑ Ceilings ❑ Slab Floors ❑ Driveways 138 ❑ Pools ❑ HotTub ❑ Sauna 139 ❑ Sidewalks ❑ Outbuildings ❑ Fireplaces 140 ❑ Garage Floors ❑ Wallavays ❑ Wood Stoves 141 ❑ Siding ❑ Other / 142 *G. Was a structural pest or"whole house"inspection done?....................... ...................................❑ ❑ LI 143 If yes,when and by whom was the inspection completed? 144 / 145 H. During your ownership,has the property had any wood destroying organism or pest infestation?.......... ❑ L�' ❑ 146 I. Is the attic insulated?.............................................................................................................................(.f ❑ ❑ ❑ 147 J. Is the basement insulated? .................................................................................................................. ❑ ❑ 148 5. SYSTEMS AND FIXTURES 149 *A. If any of the following systems or fixtures are included with die transfer,are there any defects? 150 If yes,please explain: / 151 Electrical system,including wiring,switches,outlets,and service....................................................................❑ ❑ Ld 152 Plumbing system,including pipes,faucets,fixtures,and toilets........................................................................❑ ❑ L7 153 Hotwater tank...................................................................................................................................................❑ or-'/ ❑ 154 Garbagedisposal.........................................................................................................................................I......❑ l_3/" ❑ 155 Appliances.........................................................................................................................................................❑ L7 U 156 Sump pump........................................................................................................................... U 0157 158 Heatingand cooling systems....................................................................................................... .. ..... ❑ ❑ ❑ Security system❑ Owned❑Leased...........................................................................I...............�f.} ........❑ ❑ ❑ 159 Other ............❑ ❑ ❑ 160 *B. If any of die following fixtures or property is included with the transfer,are they leased? 161 (If yes,please attach-copy of lease.) ' rp 162 Security System fit r3 .............❑ ❑ ❑ 163 Tanks(type): _ .............❑ ❑ ❑ 164 Satellite dish .............❑ ❑ ❑ 165 Other: .............❑ ❑ ❑ 166 �r_ �-� �� SELLER'S INITIALS: Date: 20`� SELLER'S INITIALS: � _ Date: Form 17 SELLER DISCLOSURE STATEMENT ©Copyright 2012 Seller Disclosure Statement IMPROVED PROPERTY Northwest Multiple Listing Service Rev.06112 ALL RIGHTS RESERVED Page 4 of 5 (Continued) *C. Are any of the following kinds of wood burning appliances present at the property? YES NO DON'T 167 / IINOW 168 (1) Woodstove? ............................................................................................................._...............................❑ —U/ ❑ 169 (2) Fireplace insert? ........................................................................................................................................❑ l�� ❑ 170 (3) Pellet stove? ..............................................................................................................................................❑/ ❑- ❑ 171 (4) Fireplace?.................................................................................................................................................. ❑ ❑ 172 If yes,are all of the(1)woodstoves or(2)fireplace inserts certified by the U.S.Environmental A� 173 Protection Agency as clean burning appliances to improve air quality and public health?.................�...j` .......❑ ❑ ❑ 174 D. Is die property located within a city,county,or district or within a department of natural resources 175 fire protection zone that provides fire protection services?................................................................................ ' ❑ ❑ 176 E. Is the property equipped with carbon monoxide alarms? (Note:.Pursuant to RCW 19.27.530,Seller 177 must equip the residence with carbon monoxide alarms as required h the state building code. U L El 179 ❑" 179 F. Is the property equipped with smoke alarms:..................................................... y g ) 6. HOMEOWNERS'ASSOCIATION/COMMON INTERESTS 180 A. Is there a Homeowners'Association?...............................................................................................................❑ U/ ❑ 181 Name of Association and contact information for an officer,director,employee,or other authorized 182 agent,if any,who may provide the association's financial statements,initiates,bylaws,fining policy, 183 and other hnfonmation that is not publicly available: N- fI/ 184 B. Are there regular periodic assessments? .............................................................................. 1? ❑ ❑ ❑ 185 $ per O month❑year 186 ❑Other ,�{� 187 *C. Are there any pending special assessments? ..............................................................................................'1...0 ❑ ❑ 188 *D. Are there any shared"common areas'or anyjoint maintenance agreements(facilities 189 such as walls,fences,landscaping,pools,termis courts,walkways,or other areas co-owned 190 in undivided interest with others)? ................................................................................................ .......... . O ❑ ❑ 191 7. ENVIRONMENTAL 192 *A. Have there been any flooding,standing water,or drainage problems on the property 193 that affect the property or access to the property?..............................................................................................❑ 6� ❑I 194 *B. Does any part of the property contain fill dirt,waste,or other fill material?.....................................................❑ ❑ trJ 195 *C. Is there any material damage to the property from fire,wind,floods,beach movements, Z 196 earthquake,expansive soils,or landslides?.......................................................................................................❑ ❑/ 197 D. Are there any shorelines,wetlands,floodplains,or critical areas on the property?............................................❑ ❑ 198 *E. Are there any substances,materials,or products in or on the property that may be environmental 199 ooncems,such as asbestos,formaldehyde,radon gas,lead-based paint,fuel or chemical storage 200 tanks,or contaminated soil or water?........................ ....❑ ❑J 201 *F. Has the property been used for commercial or industrial purposes?.................................................................❑ U ❑ 202 *G. Is there any soil or groundwater contamination?............ .............❑ ❑ 203 ...................................................................... *H- Are there transmission poles or other electrical utility equipment installed,maintained, / 204 or butied on the property that do not provide utility service to the structures on the property?.........................❑ ❑ ❑ 205 *I, Has the property been used as a legal or illegal dumping site? .......... *J. Has the property been used as an illegal ding manufacturing site?........... ❑ ❑ 207 ........................................................ *K. Are there any radio towers in the area that cause interference with cellular telephone reception?....................❑ ❑ -208 8. LEAD BASED PAINT(Applicable if the house was built before 1978.) 209 A. Presence of lead-based paint and/or lead-based paint hazards(check one below): 210 ❑ Known lead-based paint and/or lead-based paint hazards are present in the housing 211 (explain). _ 212 '}}�Seller has no knowledge of lead-based paint and/or lead-based paint hazards in the housing. 213 B. R; Kds and reports available to the Seller(check one below): 214 EI elier has provided the purchaser with all available records and reports pertaining to 215 lead-based paint and/or lead-based paint hazards in the housing(list documents below). 216 217 ❑ Seller has no reports or records pertaining to lead-based paint mid/or lead-based paint hazards in the housing. 218 9. MANUFACTURED AND MOBILE HOMES 219 If the property includes a manufactured or mobile home, p 220 *A. Did you make any alterations to the home? .....................................................................................................❑ ❑ ❑ 221 If yes,please describe the alterations:_ 222 *B. Did any previous owner make any alterations to the home? ........... ... .. ❑ ❑ ❑ 223 *C. If alterations were e permits or variances for these alterations obtained?............... ❑ ❑ ❑ 224 .... ........... SELLER'S INITIALS: _ __ _ _ Dater SELLER'S INITIALS: �J E�/t Date: D✓t Form 17 SELLER DISCLOSURE STATEMENT ©Copyright 2012 Seller Disclosure Statement IMPROVED PROPERTY Northwest Multiple Listing Service Rev.06112 ALL RIGHTS RESERVED Page 5 of 5 (Continued) 10. FULL DISCLOSURE BY SELLERS - YES NO DON'T 225 4 KNOW 226 A. Other conditions or defects: *Am there any other existing material defects affecting the property that a prospective buyer /228 should know about?.............................................................................................................................................❑ ❑ t3' 22 229 B. Verification The The foregoing answers mid attached explaziations (if any) are complete atnd correct to the best of Seller's knowledge and Seller has 230 received a copy hereof.Seller agrees to defend,indemnify and hold real estate licensees harmless from and against any and all claims 231 that the above information is inaccurate.Seller authorizes real estate licensees,if any,to deliver a copy of this disclosure statement to 233 other rTM,, 9=Z7SelIer: property. 233 Date: -_Date: — Seller: Seller: - 235 NOTICES TO THE BUYER 236 SEX OFFENDER REGISTRATION 237 INFORMATION REGARDING REGISTERED SEX OFFENDERS MAY BE OBTAINED FROM LOCAL LAW ENFORCEMENT 238 AGENCIES. THIS NOTICE IS INTENDED ONLY TO INFORM YOU OF WHERE TO OBTAIN THIS INFORMATION AND IS 239 NOT AN INDICATION OF THE PRESENCE OF REGISTERED SEX OFFENDERS. PROXIMITY TO FARMING 241 'PHIS NOTICE IS TO INFORM YOU THAT THE REAL PROPERTY YOU ARE CONSIDERING FOR PURCHASE MAY LIE IN 242 CLOSE PROXIMITY TO A FARM.THE OPERATION OF A FARM INVOLVES USUAL AND CUSTOMARY AGRICULTURAL 243 PRACTICES,WHICH ARE PROTECTED UNDER RCW 7.48.305,THE WASHINGTON RIGHT TO FARVI ACT. 244 IL BUYER'S ACKNOWLEDGEMENT 245 Buyer hereby acknowledges that: 246 -A. 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 247 diligent attention and observation. 248 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 249 estate licensee or other party. 250 C. Buyer acknowledges that,pursuant to RCW 64.06.050(2),real estate licensees are not liable for inaccurate information provided by 251 Seller,except to the extent that real estate licensees know of such inaccurate information. 252 D. This information is for disclosure only and is not intended to be a pant of the written agreement between the Buyer and Seller. 253 E. Buyer(which term includes all persons signing the`Buyer's acceptance'portion of this disclosure statement below)has received a 254 copy of this Disclosure Statement(including attachments,irony)bearing Seller's signaturc(s). 255 F. If the house was built prior to 1978,Buyer acknowledges receipt of the pamphlet Protect Your Fatnily From Lead in Your Horne. 256 DISCLOSURES CONTAINED IN THIS DISCLOSURE STATEMENT ARE PROVIDED BY SELLER BASED ON SELLER'S ACTUAL 257 KNOWLEDGE OF TILE PROPERTY AT THE TIME SELLER COMPLETES TIBS DISCLOSURE. UNLESS BUYER AND SELLER 258 OTHERWISE AGREE IN WRITING, BUYER SHALL HAVE THREE(3)BUSINESS DAYS FROM THF.DAY SELLER OR SELLER'S 259 AGENT DELIVERS TIBS DISCLOSURE STATEMENT TO RESCIND THE AGREEMENT BY DELIVERING A SEPARATELY SIGNED 260 WRITTEN STATEMENT OF RESCISSION TO SELLER OR SELLER'S AGENT.YOU MAY WAIVE THE RIGHT TO RESCIND PRIOR 261 TO OR AFTER THE TIME YOU ENTER INTO A SALE AGREEMENT. 262 BUYER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS DISCLOSURE STATEMENT AND ACKNOWLEDGES THAT 263 THE DISCLOSURES MADE HEREIN ARE THOSE OF THE SELLER ONLY, AND NOT OF ANY REAL ESTATE LICENSEE OR 264 OTHER PARTY. 26 DATE: _ DATE: _ _ 266 BUYER: _ _.BUYER: 267 BUYER'S WAIVER OF RIGHT TO REVOKE OFFER 268 Buyer has cad d revi�n ed the Seller's responses to this Seller Disclosure Statement.Buyer approves this statement and waives Buyer's right 269 to revoke Buyer's offer based on this disclosure. 270 DATE: DATE: _. 271 BUYER: BUYER: - 272 BUYER'S WAIVER OF RIGHT TO RECEIVE COMPLETED SELLER DISCLOSURE STATEMENT 273 Buyer has been advised of Buyer's right to receive a completed Seller Disclosure Statement.Buyer waives that tight.However,if the answer to 274 any of the questions in the section entitled"Environmental"would be"yes,"Buyer may not waive the receipt of the"Environmental"section of 275 the Seller Disclosure Statement. 276 DATE: DATE: 277 BUYER: BUYER: — 278 If the answer is"Yes"y sterisked(*)items,please explain below(use additional sheets if necessary).Please refer to the line numbers)of 279 the question(s). 280 281 282 283 SELLER'S INITIALS: e Date: ��'%" SELLER'S INITIALS: �_ Date: " — j, EXHIBIT B Exhibit"A" Vested Owner:David D.Donnelly and Stacey A:Donnelly,husband and wife Real property In the County of King,State of Washington,described as follows: WEST 100 FEET OF THE SOUT-1 HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 2S,TOWNSHIP 22 NORTH,RANGE '.... 6 EAST,WILLIAMETTE MERIDIAN,RECORDS OF KING COUNTY,WASHINGTON; li EXCEPT THAT PORTION THEREOF CONVEYED TO KING COUNTY FOR S.E.KENT-KANGLEY ROAD BY Ili DEED RECORDED UNDER RECORDING NUMBER 2152179. I i I i First American Title EXHIBIT C Form No.7050-2 Commitment No.:PAK1147122 ALTA Main Language Commitment - Page a of 10 SCHEDULEB SECTION 11 EXCEPTIONS PART TWO: Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction. The printed exceptions and exclusions from the coverage of the policy or policies are available from the office which Issued this Commitment. Copies of the policy forms should be read. 1. Lien of the Real Estate Excise Sales Tax and Surcharge upon any sale of said premises, If unpaid. As of the date herein, the excise tax rate for unincorporated King County Is at 1178%, levy/Area Code:4864 2. General Taxes for the year 2013. The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Tax Account No.: 252206.9078-07 ist Half Amount Billed: $ 1,358.58 Amount Paid: $ 1,355.58 Amount Due: $ 0,00 Assessed Land Value: $ 90,000,00 Assessed Improvement Value: $ 73,000.00 2nd Half Amount Billed: $ 1,358,58 Amount Paid: $ 0.00 Amount Due; $ 1,358.58 [ Assessed Land Value: $ 90,000.00 Assessed Improvement Value: $ 73,000,00 3. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: David D.Donnelly and Stacey A. Donnelly,husband and wife Grantee/Beneficiary: Donald Beauclair and Mickey L.Beauclalr, husband and wife Trustee: Chicago Title Insurance Company,a corporation Amount: $114,400.00 Recorded: August 31,1999 Recording Information: 19990831002616 4. Judgment. In Favor of: Capital One Bank Against: Stacey.ADonnelly Amount: $5,596.68,together with interest, costs and attorneys`fees,If any Dated: October 07,2010 Filed: October 07,2010 Judgment No.(ifappikable): 10-9-30768-6 Case/Cause No,: 10-2-33643-5 Attorney for JudgmentCreditor:Contos J Steven FL Mmerlaan me First American Title C/ First American Title EXHIBIT r Fonn No.1058-2 Commitment No.;PAR3147122 ALTA Plain LamgUdga COMMkotent Page 6 of 10 Said Judgment was recorded under recording No. 20101119000390I� 5. The effect of the matter(s) shown In paragraph(s)4 herein depends upon the identity of the debtor/taxpayer with the name(s)of Stacey A Donnelly. The enclosed Identity affidavit should be completed and returned to this office to help determine the identity of said party(s) prior to closing: 6, Reservations and exceptions contained In deed from Northern Paciflc Railroad Company: Auditor's File No.: 331646 As follows: Reserving and excepting from said lands so much or such portions thereof as are or may be mineral lands or contain coal or Iron,and also the use and the right and title to the use of such surface ground as may be necessary for mining operations and the right of access to such reserved and excepted mineral lands, including lands containing coal or Iron, for the purpose of exploring,developing and working the same. 7. Easement,including terms and provisions contained therein: Recording Information: 3308607 In Favor of: Secondo Tobacco and Antone.Tobacco,his wife For Road i F/rstAmerlcan Trt(e First American Title Form 41A ©Copyright 2010 Buyers Agency Agreement Northwest Multiple Listing Service Rev. BUYER'S AGENCY AGREEMENT ALL RIGHTS RESERVED 1 of Page 1 of 2 This Buyer's Agency Agreement is made this August 28,2013 between 1 John L Scott ("Real Estate Firm" or"Firm") 2 and City of Kent ("Buyer"). 3 I 1. AGENCY. Firm appoints Kent Barber ("Selling Broker") 4 to represent Buyer. This Agreement creates an agency relationship with Selling Broker and any of Firm's brokers 5 who supervise Selling Broker's performance as Buyers agent ("Supervising Broker'). No other brokers affiliated 6 with Firm are agents of Buyer, except to the extent that Firm, in its discretion, appoints other brokers to act on 7 Buyer's behalf as and when needed. Buyer acknowledges receipt of the pamphlet entitled "The Law of Real 8 Estate Agency." 9 2. EXCLUSIVE OR NON-EXCLUSIVE. This Agreement creates a ❑ sole and exclusive; lid non-exclusive (non- 10 exclusive if not checked)agency relationship. 11 3. AREA. Selling Broker will search for real property for Buyer located in the following geographical areas: 12 Only the Donnelly property Located at: 26005 SE Kent Kangley Road,Ravensdale,WA 98051. 13 (unlimited if not filled in) ("Area'). 14 4. FIRM'S LISTINGS/SELLING BROKER'S OWN LISTINGS/DUAL AGENCY. If Selling Broker locates a property 15 listed by one of Firm's brokers other than Selling Broker ("Listing Broker'), Buyer consents to any Supervising 16 Broker, who also supervises Listing Broker, acting as a dual agent. Further, if Selling Broker locates a property 17 listed by Selling Broker, Buyer consents to Selling Broker and Supervising Broker acting as dual agents. 18 5. TERM OF AGREEMENT. This Agreement will expire (120 days from signing if not filled in) or by 19 prior written notice by either party. Buyer shall be under no obligation to Firm except for those obligations existing 20 at the time of termination. 21 6. NO WARRANTIES OR REPRESENTATIONS. Firm makes no warranties or representations regarding the value 22 of or the suitability of any property for Buyer's purposes. Buyer agrees to be responsible for making all inspections 23 and investigations necessary to satisfy Buyer as to the property's suitability and value. 24 7. INSPECTIONS RECOMMENDED. Firm recommends that any offer to purchase a property be conditioned on 25 Buyer's inspection of the property and its improvements. Firm and Selling Broker have no expertise on these 26 matters and Buyer is solely responsible for interviewing and selecting all inspectors. 27 8. COMPENSATION. Buyer shall pay Firm compensation as follows: 28 4% of sale price on the property known as: 26005 SE Kent Kangley Road, Ravensdale, WA 29 98051. 30 31 a. Exclusive. If the parties agree to an exclusive relationship in Paragraph 2 above and if Buyer shall, during the 32 course of this Agreement, purchase a property located in the Area, then Buyer shall pay to Firm the 33 compensation provided for herein. If Buyer shall, within six (6) months after the expiration or termination of 34 this Agreement, purchase a property located in the Area that was first brought to the attention of Buyer by the 35 efforts or actions of Firm, or through information secured directly or indirectly from or through Firm, then Buyer 36 37 shall pay to Firm the compensation provided for herein. b. Non-Exclusive. If the parties agree to non-exclusive relationship in Paragraph 2 above and if Buyer shall, 38 during the course of or within six (6) months after the expiration or termination of this Agreement, purchase a 39 property that was first brought to the attention of Buyer by the efforts or actions of Firm, or through information 40 secured directly or indirectly from or through Firm, then Buyer shall pay to Firm the compensation provided for 41 herein. 42 BUYER: BUYER: Form 41A CCopy0ght 2010 Buye's Agency Agreement Northwest Multiple Listing Service Rev. 7/10 ALL RIGHTS RESERVED Page 2 of 2 BUYER'S AGENCY AGREEMENT Continued c. MLS. Firm will utilize a multiple listing service ("MLS") to locate properties and MLS rules may require the 43 seller to compensate Firm by apportioning a commission between the Listing Firm and Firm. Firm will disclose 44 any such commission or bonuses offered by the seller prior to preparing any offer. Buyer will be credited with 45 any commission or bonus so payable to Firm. In the event that said commission and any bonus is less than 46 the compensation provided in this Agreement, Buyer will pay the difference to Firm at the time of closing. In 47 the event that said commission and any bonus is equal to or greater than the compensation provided for by 48 this Agreement, no compensation is due to Firm herein. If any of Firm's brokers act as a dual agent. Firm 49 shall receive the listing and selling commission paid by the seller plus any additional compensation Firm may 50 have negotiated with the seller. All such compensation shall be credited toward the fee specified above. 51 9. V.A. TRANSACTIONS. Due to VA regulations, VA financed transactions shall be conditioned upon the full 52 commission being paid by the seller. 53 10. NO DISTRESSED HOME CONVEYANCE. Firm will not represent or assist Buyer in a transaction that is a 54 "Distressed Home Conveyance" as defined by Chapter 61.34 RCW unless otherwise agreed in writing. A 55 "Distressed Home Conveyance" is a transaction where a buyer purchases property from a "Distressed 56 Homeowner" (defined by Chapter 61.34 RCW), allows the Distressed Homeowner to continue to occupy the 57 property, and promises to convey the property back to the Distressed Homeowner or promises the Distressed 58 Homeowner an interest in, or portion of the proceeds from a resale of the property. 59 11. ATTORNEYS' FEES. In the event of suit concerning this Agreement, including claims pursuant to the Washington 60 Consumer Protection Act, the prevailing party is entitled to court costs and a reasonable attorney's fee. The 61 venue of any suit shall be the county in which the property is located. 62 12. OTHER AGREEMENTS(none if not filled in). 63 64 65 66 Buyer syead and awes is Agreement and hereby acknowledges receipt of a copy. 67 3 John L Scott yer ate Firm (Cony 68 l ✓LY'N 69 uyer Date By: (Selling Broker) 70 Address 71 City, State, Zip 72 Phone Fax 73 E-mail Address , i i Kent City Council Minutes August 20, 2013 < 11 I F. Parks and Human Services Committee. Councilmember Ranniger stated that there will be a discussion on the possible policy decision to change the golf course funding from an enterprise fund to a general fund at the Parks & Human Services Committee meeting on Thursday at 5:30 p.m. She also stated that there will be no decisions made and no public comment. The meeting will be for the exploration in what the differences will be if it is changed from and enterprise fund to a general fund entity. f G. Public Safety Committee In the minutes. r " 1 H. Public Works Committee Councilmember Albertson thanked Councilmember Ranniger for her work on the Par 3 issue. She communicated the reason these items are brought to Council workshop is to increase full Council knowledge. She noted that August bth was National Night Out. She noted that the September 2nd Public Works Committee meeting has been cancelled and items on the next Public Works Committee agenda are railroad quiet zones and how the anticipated transit cuts will affect Kent. I. Regional Fire Authority. Councilmember Thomas communicated that the Regional Fire Authority meeting is tomorrow night and to review their budget. EXECUTIVE SESSION At 8.14 p.m. the Council adjourned into Executive Session. At 8:44 p.m. Mayor Cooke extended the meeting for an additional fifteen minutes. At 8.59 p.m., Mayor Cooke extended the meeting for an additional ten minutes. At 9:09 p.m., Mayor Cooke extended the meeting for an additional ten minutes. At 9:13 p.m., the regular meeting reconvened. Mr. Brubaker discussed the Clark Springs water source within the City limits at 26005 SE Kent Kangley Road and that the City is interested in purchasing the property to protect the spring and the site. Councilmember Albertson moved to authorize the Mayor to sign all necessary documents to complete the purchase of property owned by David D. Donnelly, located at 26005 SE Kent Kangley Road, Parcel No. 252206-9078, consisting of 0.74 acres to protect the Clark Springs water source, within established budgets and subject to approval of final terms and conditions by the City Attorney and Public Works Director, seconded by Council President Higgins. Motion carried 6-0. i 7 'I i I REQUEST FOR MAYOR'S SIGNATURE ® 7" Please Fill in All Applicable Boxes iCEN Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator: Kelly Peterson Phone (On inator): 5547 Date Sent: September 9, 2013 Date Required: September 13, 2013 Return Signed Document to: Kelly CONTRACT TERMINATION DATE: N/A Peterson ___ _ VENDOR NAME: N/A DATE OF COUNCIL APPROVAL: August 20, 2013 Brief Explanation of Document: 1 Attached is the purchase and sale agreement for the Donnelly Property located at 26005 SE Kent Kangley Road, adjacent to Clark Springs._ The purchase includes approx. 0.74 acres and a small home. City Council authorized the purchase on August 20, 2013. The property will be purchased with water utility funds. All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received: Approval of Law Dept.: ' Law Dept. Comments _ s f - - Date Forwarded to Mayor. ( ( Shaded Areas To Be Completed By Administration Staff Received: t �' ,r ell Recommendations and Comments: RECEIVED Disposition: ` IT r" 6^4pY `ft D 't c' i }l'' a" `I Date Returned: C17Y OF KENTCITY'CLERK J F First rlrneriean Title Insurance Company I Firx/American 555 S Rcmmn Village Place#760•Renton,WA 98057 Buyer's Setdcment Statement Property: 26005 91,Kent-Kangley Road,Ravensdale,WA File No: PAKI 147122 98051 Officer: Chen Bakosielb New Loan No: Estimated Settlement Date: 09/30/2013 Disbursement Date: Print Date: 00/24/2013,12:24PM Buyer: City Of Kenl Address: 220 4th Avenue South,Kent,WA 98032 Seller; David D.Dunnel ly,Stacey A.Donnelly Address: 26005 SE Kcri-Kangley Road,Ravensdale,WA 98051 Charge Description Buyer Chm- a Buyer Credit Consider nhon: ' rnlC icrati,n 728,00000 Depostts in Escrow _ licee,pl(v ,1121.112942 nn 09,13/2013 by City Of Ken 3,000.00 R ccoipl Nn.421112966 on 09/24/2013 by City OI'Keni 134,363.27 1'.9 lions: Cnuwy Tax 09/70113 to UI/OIIIM1 $2717_IG/ 692.32 Commission: Commission Paid of Settlement to John L Scott Real Pstate S,120.00 Title/Escrnw Chases to: lipdatc Fco fsniedu Second Report to first Americnn'Fitla POC¢5q 75 Insumnce CompunY 550.00 Sales"Fas,8475 Escrow/Closing Fee to First Amricnn'I'itle(nsurance Company SI,080.00 Sales TaK;S702.60 1,182.60 Policy.At,I Ottners 2006 STD to Plitt American Title Insurance Company 510.00 Sales Tax;50.95 1095 1 li kc nnl Warranty Occd Fvsl to First Amcriwn Title[nmmncc Company_ _ 74.00 Lsrve Fos to King County lTknsurer _ 640.00 '! i Excise ins to King County Treasurer 1,643.40 ''.. Totals ' 137,363.27 137,363.27 Buyer(S); _City Of Kent,a Washington Murlieipal or First American Title Insurance Company By Cheri Bakos I Page t of 1 First American THe loseranco Company first American 5555 Renton Village Place,0760 o, 2, t tl Renton,WA 99057 Phn- (425)373-1700 Fax- (856)36DA596 DISCLOSURES TO THE PARTIES UNDER APR 12 Dated: September 24, 2013 File No.: PAK1147122(clb) IN ACCORDANCE WITH THE REQUIREMENTS OF A.P.R. 12 OF THE SUPREME COURT OF THE STATE OF WASHINGTON, FIRST AMERICAN TITLE INSURANCE COMPANY AND THE CLOSING OFFICER SPECIFIED BELOW HAVE THE DUTY TO INFORM YOU OF THE FOLLOWING: 1) The Closing Officer is not acting as the advocate or representative of either of the parties; 2) The Closing Officer will prepare documents which affect the legal rights of both parties; 3) The parties may have differing interest in the documents; 4) The parties have the right to be represented by lawyers of their own selection and each party may have a separate lawyer; 5) The Closing Officer cannot give legal advice to the parties concerning the manner In which the documents affect those parties. The Closing Officer is only permitted to select and complete documents which have been approved by the Limited Practice Board in accordance with a written Purchase and Sales Agreement which contains all of the basic terms of the transaction. The Closing Officer is not permitted to negotiate terms which are not included in the written Purchase and Sales Agreement. The Closing Officer is not permitted to practice law. In this transaction your Closing Officer is: Cher[Bakes FIRST AMERICAN TITLE INSURANCE COMPANY By: -- Cheri Bakes, LP0#2854 Please acknowledge receipt of the foregoing Notice of Compliance with A.P.R.12 and that you have read the same by signing your names)to the copy of this Notice on the signature Ilne(s) below. (If such Notice has been hand delivered or mailed to you, please return the copy of the Notice showing your signature(s) in the enclosed, self addressed envelope.) We will be unable to continue with the closing until we. have received the signed Notice from you, I have received and read a copy of the Disclosure,and understand Its contents this day of 20 City Of Kent, a Washington Municipal Corporation j By a r f . David D. Donnelly Stacey A. Donnelly i FirstAmedcan Title Insurance Company First American 555 S Renton Village Place 4760 Renton,NIA 98OW Phn- (425)873-1700 Fax- (866)390-1596 ATTACHMENT TO DISCLOSURES TO THE PARTIES UNDER APR 12 Date: 09/09/2013 File No.: PAKi 147122(clb) THE FOLLOWING DOCUMENTS INITIALED HAVE BEEN SELECTED AND PREPARED BY THE LIMITED PRACTICE OFFICER. clb EXCISE TAX AFFIDAVIT SUPPLEMENTAL EXCISE TAX AFFIDAVIT clb LPB 10 STATUTORY WARRANTY DEED LPB 11 STATUTORY WARRANTY DEED(FULFILLMENT OF REC) LPB 12 QUITCLAIM DEED LPB 13 SELLER'S ASSIGNMENT OF CONTRACT AND DEED LPB 14 PURCHASER'S ASSIGNMENT OF CONTRACT AND DEED LPB 15 BARGAIN AND SALE DEED LPB 16-09 SPECIAL WARRANTY DEED LPB 20 DEED OF TRUST(SHORT FORM) LPB 21 ASSIGNMENT OF DEED OF TRUST LPB 22 DEED OF TRUST(LONG FORM) LPB 22A DEED OF TRUST LPB 23 REQUEST FOR FULL RECONVEYANCE LPB 24 REQUEST FOR PARTIAL RECONVEYANCE LPB 2BA PROMISSORY NOTE _-._-.. LPB 29 REQUEST FOR NOTICE .i LPB 30 BILL OF SALE LPB 35 SUBORDINATION AGREEMENT LPB 44 REAL ESTATE CONTRACT(SHORT FORM) LPB 45 REAL ESTATE CONTRACT(LONG FORM) LPB 50 MORTGAGE(STATUTORY FORM) LPB 51 SATISFACTION OF MORTGAGE LPB 52 PARTIAL RELEASE OF MORTGAGE LPB 60 RELEASE OF LIEN LPB 61.PARTIAL RELEASE OF LIEN LP8 62 SATISFACTION OF 7UDGMENI INITIALS: i AFTER RECORDING MAIL TO: City Of Kent 220 4th Avenue South Kent,WA 98032 .._..._.... ..... _._ Dore fro.G:hrRxa�ars uzx a+N Flletl fOr RecorA at Request nC �aa First Ametican TNe insuranceCompany STATUTORY WARRANTY DEED File No: PAK1147122(clb) Date: September 24,2013 Grantor(s): David D.Donnelly and Stacey A.Donnelly Grantee(s): City Of Kent Abbreviated Legal: PTN SEC 25 TWP 22N RGE 6E SW QTR NW QTR SW QTR,KING COUNTY Additional Legal on page: Assessor's Tax ParcelNo(s): 252206.9078-07 THE GRANTOR(S) David D. Donnelly and Stacey A, Donnelly, husband and Wife for and � in consideration of Ten Dollars and other Good and Valuable Consideration, in hand paid, conveys, and warrants to City Of Kent, a Washington Municipal Corporation, the following described real estate,situated in the County of King,State of Washington. LEGAL DESCRIPTION: Real property In the County of King,State of Washington,described as follows: WEST 100 FEET OF THE SOUTH HALF OF THE WEST HALF OF THE SOUTHWEST I QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 25,TOWNSHIP 22 NORTH,RANGE 6 EAST,WILLIAMETTE MERIDIAN,RECORDS OF KING COUNTY,WASHINGTON; EXCEPT THAT PORTION THEREOF CONVEYED TO KING COUNTY FOR S.E. KENT- KANGLEY ROAD BY DEED RECORDED UNDER RECORDING NUMBER 2152179. Subject To: This conveyance Is subject to covenants, conditions, restrictions and easements, if any,affecting title,which may appear in the public record,including those shown on any recorded plat or survey. Page 1 of 2 LP9 10 05 III A,%25220&90]a-0] Statutory warranty rood File No.:PAX1147122(elb) .ntmued David D. Donnelly Stacey A. Donnelly STATE OF Washington ) )-ss COUNTY OF King ) I certify that I know or have satisfactory evidence that David D. Donnelly and Stacey A. Donnelly, is/are the person(s)-who appeared before me, and said person(s) acknowledged that he/she/they signed this instrument and acknowledged It to be hls/her/their free and voluntary act for the uses and purposes mentioned in this instrument, Dated: Notary Public in and for the State of Washington Residing at: My appointment expires: I Pagu 2 of 2 LPB 10-05 net ReyeslHUore C srae REAL ESTATE EXCISE TAX AFFIDAVIT mumlr This fm'm is your receipt Pi.EASE TYPE OR PRINT CHAPTERS2,45RCW-CHAPTE12459-61AWAC whrn stamped by cashier. THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLE FED (See oank of last page for insWclians) 0 Ck"box ifpaaiaiseleofproperp• Ifmuhipleowncra,list percewagc ofowncrabiPncxt to amens Name. David D.Donnelly and Stacey A.Donnelly, Name: City Of Kent,a Washington Municipal Corporation husband and wife < Mailing AGdnas 26005 SE Kent-Ka ngley Road sa ti Mulling Address 220 4th Avenue South 1' �o (-nylslaRrzip -Ravensdale,.WA 98051 m d city/Studzip Kent WA 98032 Phone No.Imploding area cede) Phone No.(inolndnrg mca dodo) . . .. . .. ... .. .. .....__.__—._ — -___. _._ ]LnJ ellFmFeny ia[curmsM�^deuce ins O Same nx H,ryer!(iTclee Li±Ie.Ir:rlenJ peoambe—heek a.x�opcmy l8%pdrcel ofeount LrSl flSSrs6ttl Vnluc(6) Nnmc 252206-90a 8-tfv-Isv�i Pn.way —_ I M I." ndnre6s 163,000.00 Clly'filale'r.ip.,-_ ___ I�I Phone No.(menesng area code) 4864 Street dddreesurPmpeay: 26005 SE Kent-Kangley Road,Ravensdale,WA 980S3 'i'llis pmpclry is lnrmed ill Ruvnlsdulc -_. . nChmk hnx il'nny rd the listal parecls are bang acgregald Rom enmher pared,arry par ai n'nouadary line adjustment orparcels bem6 merged. Legal dcscnphen pf papcdy(If more space is needed,you may numb a sepa.1E cheat In each page me the affidavit) WEST 100 FEET OF THE SOUTH HALF OFTHE WEST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 25,TOWNSHIP 22 NORTH,RANGE 6 EAST,WILLIAMETTE MERIDIAN,RECORDS OF KING COUNTY,WASHINGTON; EXCEPT THAT PORTION THEREOF CONVEYED TO KING COUNTY FOR S.E.KENT-KANGLEY ROAD BY DEED RECORDED UNDER RECORDING NUMBER 2152179. Select Land list,Code(s): Ej List all personal property(tangible and intangible)included in selling 11 price. enter any additional codes: (See beck mf last pegs of insbuchons) YES NO 16 This properly exelnpl Cann potently Imx Per chnpta Now— YES NO Ifcla Wingun exemption,list WAC number and reason for oxempiiom 1%lhla prop,rty designated as ar al lard pei chapnr p4.33 RCW?E 0 Ii Otis pmpury dnssiYid as uuacm me(npLn rP:mc.fsmoand © WACNO,(SCcllmn/.Sohsection) npl ruwrdi.w lm0ci I bend par GANprcr k4.34'! lu dilsyrnparty rmdvin@special ruluolion as itisurricelpmpclty ® Reason St,nomptimn perchamorx4.26 RCw9 If tiny snssvera arc yes,co;nple(u m'instruatd below. O)NOTICE OF CONTINUANCE(FOREST LAND OR CURRENT USE) Typenf Dacumenl Statutory Warrants Deed NEW OtaKR(S): I. caalimme the cmoran dcsOmnumn as forest land of Da[c of Docnmenf September 24,2013 elasslnubon as mmr,a,use(open spl a.,form and ayriet lnere,ur limber)land,ye ,anal sign on (1)balmy ism county assessor must dreal d=lnInc rf the lend rtansfaad commucS It,quality and will indicate by signing below. If the land no Gross Salting Prime S 128,OOD.00 lungur""althea er you do net wwh la continue the designation at cdewifoboh.it l'Persmrel Property(ddum) S will be ronmvvV and the tneprn.'Ang or addhimnml taxes will ba dma and payable Exemption('mimed(deduol) S by the seller or transfemr at the time of sole. (RCW W33.140 nr RCW Taxable Selling Price S 128,000.00 g4J4.108) essassor 11..mar.inr"m:mm r I Escise'ibx : Sloe .S 1,638A0 ' -Ibis kind � do u es don nos gvndfy far centinaunce. Loco] S 640,00 e Deli,p,ran hdereer: stare S OLPIiTY`A55[SSOIi OA TC Local 5 (2)NOTICE OF COMPLIANCE(IUS"I'ORIC PROPERTY) -Delir,mot Penalty 5 NEW OWNLR(S):I eominuc special vrhlnti.ne,hinorio properly,atgn(3) Subtuml S 2,278.4D below. Ifthe new ewnv(s)do nos wish m mondnae,all mddhimnal tax calculated .....aunt to oopwN4.V,KCW,shall bedm and payable by the seam or bnaferol 'State'I mhnnlogy Fee S 5.00 at the lime a r.vle. =AniaLvit PmoessLag Mee S (3)OWN ER(S)S IONA'NRR Total One S 2,283.40 PRINT NAME AMINIMUM OF SIOAD IS DUE IN PEE(S)AN X D/ORTA -SEEINSTRUCTIONS I CERTIFY U.NDEIi PF.N,kLTV OFPEUURV'rHA'I I'HY FOREGOING IS TRUE AN,R.GORRECT. i L t of Signat s of (radorm r Granlm's Agent Granmear Grants Agent a' „a✓ F rr r. uunalprinU -David D.Donnelly Nmnc lVninp � _ _L�010 Data&city M'sigelag: Trenton _ Date&city ol'silsping: le;ln,t Perjury) adassC felnnya'nch's punldtabl byl pisanmen•.In the s[alz corredfonml insllNlinnf atraxi um lean ofnotmore that Rve years,ar by a Gne in an amount peel ip the comi of not ntere Then five thousand dollars($5,000.DO),or by Loth imprisonment and fine(RCW RA 20.020(I C)). RF:V 940001xe 12/28/13) THIS SPACE-TREASLRER'S USE ONLY COUNTY TREASURER FirstAmerlcan TNe lnsuranre Gbnrpany '', F'irst American 555 s Rento Vibq,..Ra=e#760 ..Ik' Renton,VIA 98057 Pon- (425)873-1700 fax- (866)36D I596 ESCROW INSTRUCTIONS IMPROVED PROPERTY To: First American Title Insurance Company Commitment File No: PAK1147122(clb) -555 S Renton Village Place#760 Commitment Date:September 04,2013 Renton,WA 98057 Escrow Officer; Cher[Bakes First American Title Laurance Company as Escrowee, is hereby instructed by the Seller and the Buyer named herein to act as an independent third party in closing this transaction. In so doing, Escrowee has or will select, prepare and complete certain instruments or documents, which may substantially affect your legal rights. If you have any questions regarding such documents or instruments, or your rights, you should consult an attorney of your choice, and First American Title Insurance Company recommends that you do so prior to signing such documents or instruments. I(We) fully understand that First American Title Insurance Company Is not licensed to practice law and that neither it nor any of its employees are permitted to offer legal advice of any nature, nor have they done so, nor may they advise as to the merits of a transaction or the manner in which I(We)should hold title, Escrowee has been handed a copy of the Purchase and Sale Agreement or such other documents and any Addendums, as constitute the Agreement to sell and purchase this property. Acting In accordance therewith, Escrowee is directed to close the transaction, and shall perform said closing in accordance with the following instructions. In the event there Is a variance between the terms of the Purchase and Sale Agreement and the final terms of the sale as evidenced by the documents delivered under these or other instructions, and the closing statements j agreed to by the parties, closing shall be In accordance with such documents, Instructions and closing statements. All principals to this escrow acknowledge and agree that all terms and conditions of that certain Purchase and Sale Agreement dated August 20, 2013, and all Addendums thereto, have been met, waived, or satisfied, or will be resolved outside of escrow and Escrowee shall not be responsible for same,and they are no longer to be considered as conditions to this closing. BUYER AND SELLER ACKNOWLEDGE THAT SELLER'S DISCLOSURE STATEMENT AS REQUIRED UNDER TITLE 64 RCW WILL BE DELIVERED OR WAIVED OLTSIDE OF ESCROW AND IS NOT TO BE CONSIDERED A CONDITION OF CLOSING, SELLER(S)HEREIN DEPOSIT WITH YOU THE FOLLOWING: [ x ] Warranty Deed [ x ] Excise Tax Affidavit [ J Bill of Sale [ ] Real Estate Contract(to uD iotriDy executed by awed [ ] Deed In fulfillment of said Contract(TD be returned to sellers I Qsesson on closing) [ ] Additional Documents; executed by and between the following: David D. Donnelly and Stacey A. Donnelly,husband and wife,to City Of Kent, a Washington Municipal Corporation,which cover the premises fully described in the above referenced preliminary commitment for title insurance (the "Commitment'), which document(s) you are instructed to record, file, release and/or deliver when you have all necessary funds and/or other documents as follows: In accordance with purchase and sale agreement dated August 20,2013 - Page I of 6 �'.. it i First American Title Insurance Company File No.:PAK11g7122(clb) Date: September 09, 2013 Seller warrants to Escrowee that if Seller Is an individual, Seller Is not a non-resident alien for purposes of U.S. income taxation,or if Seller is a corporation, partnership,trust or estate,Seller is not a foreign entity. THE FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT OF 1980 AS AMENDED BY THE TAX REFORM ACT OF 1981 PLACES SPECIAL REQUIREMENTS FOR TAX REPORTING AND WITHHOLDING ON THE PARTIES TO A REAL ESTATE TRANSACTION WHERE THE TRANSFEROR (SELLER) IS A NON-RESIDENT ALIEN OR NON-DOMESTIC CORPORATION OR PARTNERSHIP OR IS A DOMESTIC CORPORATION OR PARTNERSHIP CONTROLLED BY NON- RESIDENTS OR NON-RESIDENT CORPORATIONS OR PARTNERSHIPS. IT IS UNDERSTOOD AND ACKNOWLEDGED BY THE UNDERSIGNED THAT FIRST AMERICAN TITLE INSURANCE COMPANY AND ITS ESCROW OR CLOSING OFFICER WILL NOT TAKE AN ACTIVE ROLE IN EITHER THE DETERMINATION OF THEI NON-ALIEN STATUS OF THE SELLER TRANSFEROR OR THE WITHHOLDING OF ANY FUNDS AND THAT FIRST AMERICAN TITLE INSURANCE COMPANY AND ITS CLOSING OFFICER MAKE NO REPRESENTATIONS AND THAT PARTIES TO THIS TRANSACTION ARE SEEKING AN ATTORNEYS,ACCOUNTANT'S OR OTHER TAX SPECIALISTS OPINIONS CONCERNING THE EFFECT OF THIS ACT ON THIS TRANSACTION AND ARE NOT ACTING ON ANY STATEMENTS MADE OR OMITTED BY THE ESCROW OR CLOSING OFFICER. - Buyer herein has deposited $3,000.00, In U.S.funds as Earnest Money with First American Title Insurance Co.; and hands you herewith, and/or through their lender will deliver to Escrowee, funds sufficient to close. Buyer further hands you, or will cause to be delivered to you, such documents as may be required of them to close this transaction. You are instructed to disburse or pay out said funds when you have recorded the necessary conveying document and/or such other documents as required by this transaction,and can cause to be issued a policy of title insurance as called for in the Purchase and Sale Agreement,and as may be required by the lender, insuring title in(if by Deed)or an interest in(if by Contract),the named Buyer(s),free from encumbrance other than matters attaching by, through or under the Buyer(s), and the fallowing paragraph(s) as set forth In the Commitment, which paragraphs) Is/are numbered as 7-8 in the Commitment. Said policy is to further contain those Insuring clauses, exceptions, exclusions, provisions and stipulations customarily contained In the printed provisions of such policy or policies. Buyer and Seller acknowledge receipt of a copy of the Commitment and have agreed to the matters to remain, and have examined the legal description contained therein and acknowledge the same to bo a full and correct description of the real property that is the subject of this transaction. Sellers authorize deduction and payment of all encumbrances except those to be excepted from coverage In the title Insurance policy and to pay all other disbursements and charge as itemized on the estimated closing statement and/or HUD Settlement Statement (the "Closing Statement"), which Seller signs contemporaneously herewith. If there are underlying encumbrances being paid off which require the obtaining of a Fulfillment Deed, Reconveyance, Release or Satisfaction,you are Instructed to pay the demand of the appropriate party and obtain and record such a document. Sellers approve payment of the amount of the demand, including interest and/or penalties and late charges, as shown on the Closing Statement, even if Escrowee has not been able to obtain written verification of the amount claimed as due, Sellers authorize deduction and/or agree to pay forthwith any difference that may result if the final written demand is higher than that shown on the Closing Statement. The undersigned acknowledge that the payoff figures on existing encumbrances may accrue daily interest and are not to be considered to be paid In full until received by the party entitled thereto and that Interest will be paid to the date of anticipated receipt of funds by the entitled parry. Parties hereto authorize Escrowee to transmit all documents, payoffs, checks, letters and all communication by regular service through the U.S, mails, and if said items are deposited in the U.S, Mail system a minimum of five (5) working days before any deadline, Escrowee shall be relieved and discharged of any and all liability, and the obligated principal shall indemnify Escrowee against any and all claims resulting therefrom, and if additional funds are needed to satisfy these claims, the obligated principal shall deposit same forthwith. Page 2 of 6 Ill i First American Title Insurance Company File No,;PAK1147122(clb) Date:September 09,2013 Buyers authorize payment of those charges and adjustments as itemized on the Closing Statement, which Buyer signs contemporaneously herewith. It is understood and agreed that any Closing Statement is subject to final adjustment and audit,and may be amended to reflect actual charges and adjustments at time of closing. If any monetary error is discovered, the principal liable therefor will forthwith pay into escrow for disbursement such amounts as may be necessary. All pro-rating is to be done as of Recording of Documents, on the basis of a 365-day year, Prorate taxes based on the latest available tax figures. Pro-rate taxes only on real property(not personal property) based on the latest available tax figures, Principals hereby acknowledge that the taxes may be assessed on land value only. In the event after closing, the Lender and/or its assigns is notified of taxes for omit improvements for said property,said principal parties will deposit on demand,their respective share of omit taxes pro-rated as of date of closing. GENERAL PROVISIONS 1.Value of fuel oil remaining an the premises is to be pro-rated and paid for outside of escrow between the buyer and seller. Buyer and seller acknowledge that seller is responsible for the liens set forth in R.C.W. j 35.12.290; 35.67.200;36.36.045;36.89.090; 36.94.150; 56.16.100;57.08.080 or 87.03.445. In accordance with R.C.W.60,80,seller may request that Escrow Fielder administer disbursement of closing funds necessary to satisfy the unpaid charges set forth above. Escrow Holder is not liable if the Escrow Holder's refusal to comply is based on the seller's inaccurate or incomplete identification of utilities providing service to the property or if a otility company fails to provide an estimated or actual final billing,or written extension of the per diem rate or if disbursement of closing funds necessary to satisfy unpaid charge would violate R.C,W. 18.44,070, A fee may be charged for performing the services described herein above. 2. Neither the matter of possession of the property nor the condition thereof or suitability for its Intended use shall be in any way an obligation of the escrowee, Seller(s)warrant that all Homeowners Association dues and/or ! assessments are paid to date and no delinquencies exist, Buyer(s)assume responsibility for all subsequent dues and/or assessments. _ 3.You are authorized to fill in the date of close of escrow and such other necessary dates on any documents which require same to correct any typing or scriveners errors on any documents delivered into escrow. Date of . closing means the date on which instruments referred to herein are recorded. Recording any instrument delivered into this escrow,if necessary or proper in the issuance of policies of title insurance called for,Is hereby authorized. 4.All disbursements shall be in U.S.funds and shall be by escrowee's check,or by wire transfer. Escrow funds will be placed In an escrow account which will pay no Interest to depositor unless.specifically requested. Parties hereto understand and agree that all funds delivered Into escrow are subject to immediate deposit,and that all checks must clear and be credited to escroivee's trust account as good and sufficient U.S,funds before closing can be completed, Any delay in clearing deposits will delay closing, 5. Coverage of the subject property with fire or any other type of hazard insurance is the sole responsibility of the buyer and escrow is relieved of any responsibility or obligation in connection therewith. HOWEVER,when a '.... fire/hazard Binder or Policy Is required as a condition of closing, it shall be submitted to escrowee and paid for,as required. 6.In the event this escrow fails to close,a sum sufficient to pay title commitment and escrow cancellation charges shall be paid, and as appropriate,may be deducted from funds held. 7,The compliance with ordinances required by any governing bodies including City or County Short Plat (Subdivision)ordinances will be the responsibility of the necessary principal parties herein and escrow Is relieved of all liability In connection therewith. Any and all charges for building permits or assessed charges in connection therewith will be handled outside of escrow. P,. 3 d G First American Title Insurance Company File No.: PAK1147122(clb) Date: September 09,2013 S.You are to furnish a copy of these instructions,amendments thereto,closing statements and/or any other documents deposited in this escrow to the lender or lenders, the real estate broker or brokers and/or the attorney or attorneys involved in this transaction upon request of such lenders,brokers,or attorneys. 9.In the event any dispute shall arise Involving a party to this escrow concerning the property covered by these instructions,or in the event conflicting demands or claims are made with respect to this escrow or the rights of any of the parties hereto,it is expressly agreed that escrowee shall have the absolute right,at its election,to do ',.. any,or all of the following: Withhold and stop all further proceedings In performance of this escrow,file suit in interpleader and obtain an order from the court requiring the parties to interplead and litigate their claims and ',... rights among themselves;or issue a check to either seller or buyer made payable jointly to seller and buyer in the amount of the sums in dispute. In the event an interpleader suit is brought,escrowee shall be immediately fully '. released and discharged from all obligations to further perform any and all duties or obligations Imposed upon it li in this escrow.Buyer agrees jointly and severally with seller to pay escrowee all costs,damages,judgments and expenses suffered,expended or Incurred by escrowee In connection with or arising out of this escrow,including, but not limited to, reasonable attorneys fees. 10.Any additional instructions given to the escrowee herein shall be presented in writing. Buyer and seller further understand that contemporaneously herewith there may be Instructions by third parties which are necessary for the completion of this escrow and are,therefore,made a part hereof; namely,such instructions as may be received from a lender,grantor,vendor,or others,affecting the property which is the subject of this escrow. 11.These escrow instructions,and amendments hereto,may be executed in one or more counterparts,each of which Independently shall have the same effect as If it were the original, and all of which taken together shall constitute one and the same instruction. 12.Title to equipment, fixtures,personal property or encumbrances or liens thereon or personal property tax or sales tax associated therewith are not a part of this escrow and will be handled outside of escrow. 13. We have been afforded adequate time and opportunity to read,understand and approve these Escrow Instructions and all documents referred to herein. 14.The parties hereto authorizes you to destroy these instructions and all records of this escrow,regardless of li date of same, at any time after seven(7)years from the date of these instructions without liability on your part, or need of further notice to or from us. 15.Internal Revenue Code Section 6109(h)imposes requirements for furnishing,disclosing,and including taxpayer Identification number In tax returns on the parties to a residential real estate transaction Involving seller- provided Financing. The parties understand that the disclosure reporting requirements are exclusive obligations between the parties to this transaction and that First American Title Insurance Company is not obligated to transmit the taxpayer identification numbers to the Internal Revenue Service or to the parties. First American Title Insurance Company is not rendering an opinion concerning the effect of this law on the transaction,and the parties are not acting on any statements made or omitted by the escrow or closing officer. Fo facilitate compliance with this law, the parties to this escrow hereby authorize First American Title Insurance Company to release any patty's taxpayer identification number to any requesting party who is a party to this transaction. The requesting part shall deliver a written request to escrow. The parties hereto waive all rights confidentiality regarding their respective taxpayer identification numbers and agree to hold First American Title Insurance Company harmless against any Fees,costs,or judgments Incurred and/or awarded in connection with the release of taxpayer identification numbers. Page_4& 6 I First American Title Insurance Company File No.: PAK1147122(clb) Date:September 09,2013 16,The parties acknowledge that this transaction may be subject to various state and federal laws and regulations dealing with lending practices, including,but not limited to, laws and regulations requiring lenders to obtain proper licensing. First American advises the parties to seek competent legal counsel to ensure compliance with these laws and regulations. The parties represent,warrant and agree that: (a)they have complied with all such laws and regulations; (b)First American shall have no responsibility or liability regarding their compliance therewith;and(c)they shall indemnify and hold First American harmless from and against any and all claims, demands, damages, losses or costs(including attorneys'fees and costs of defense)incurred by First American relating to such laws and regulations. ADDITIONAL INSTRUCTIONS: i Subject to the provisions of Paragraph No, 9 of the GENERAL PROVISIONS herein, these instructions shall be irrevocable by the undersigned for a period of thirty(30)days from the date of last execution hereof and shall be performed within said period or thereafter until written demand is made upon you for the cancellation thereof. Buyer shall pay one-half the scheduled escrow fee,unless this sale is FHA or VA financed,in which case it shall be paid according to FHA or VA regulations.Seller may pay one-half the scheduled escrow fee,but shall be entitled to any builder's discount offered by the escrow agent or title insurer,which may result In Seller paying a lower escrow fee than Buyer.In the event the seller closing instruction places a limitation on the seller paid escrow of title fees,the buyer will be responsible for the balance of the esci ow and/or title fees as necessary to comply with state filed fees if applicable. Dated the .....__._day of ,20 SELLER(S): .David D. Donnelly Stacey A. Donnelly Address: 26005 SE Kent-Kangley Road,Ravensdale,WA 98051I, .Telephone: Sellers Instructions received this day of 20 at o'clock. PROCEEDS CHECK: [ ] Picked up by Sellers [ ] Cali When Ready [ ] Mailed to Sellers(Give new address if available) 26D05 SE Kent-Kangley Road Ravensdale,WA 98051 Dated the day of_ 20_ Page 5of 6 ill First American Title Insurance Company File No.:PAK1147122(clb) Date: September 09,2013 BUYER(5): City Of Kent,a Washington Municipal Corporation Ma or Ad'dre'ss+v 2 4th Avenue South, Kent,WA 98032 T�rapnane: Page Gof 6 RmtAmerman rWaInsurrnee Company Firsy Amarican 555 5 Renter Village Place#769 Renton,WA 9805 Phn- (425)873-1700 Fax- (BGB)360-4596 To: First American Title Insurance Company Date: September 09,2013 Escrow Officer:Cheri Bakes File No.: PAKIL47122(cib) Re: 26005 SE Kent-Kangley Road,Ravensdale,WA 98051 Please indicate belowthe manner in which you wish to receive proceeds due you,if any,after closing: II ❑ Hold check for pick up Phone ( ) ❑ Mail check to Forwarding Address Below ** ❑ Wire proceeds to Bank As Shown Below Overnight Mail to Forwarding Address below Please be swam that try..elect m haw your proaee0z ain d, your bank may charge a fee her accep9ev the ele0renic Vanefe, Rank Name: Forwarding Address: Address: Name on Acct: Account No.: Routing No.: (Por:vrres) Phone No.: Phone: ( ) Type of Account: U Checking U savings **IFYOUCHOOSETOHAVE FUNDSWIREDYOU ARE SUBJECTTO A WIRE CUTOFF TIME OF P.M. AND YOU MAY INCUR CHARGES BY YOUR BANK. WE MUST HAVE RECORDING NUMBERS IN ORDER TO SEND OUT A WIRE, IF WE DO NOT HAVE THOSE TWO TEEMS FUNDS WILL BE WIRED THE FOLLOWING BUSINESS DAY. Initials: Please initial ' Any further instructions: BUYER(S): City Of Kent,a Washington Municipal Corporation .r-... By .tlNa or - ( L_- - - -... < ".._ __ .. . :•... ..,�' . '.kav£'uQb.zit. .,. REQUEST FOR MAYOR'S SIGNATURE T Please Fill in All Applicable Boxes Reviewed by Director Originator's Name: Kelly Peterson Dept/Div. Public W En i orks neeri ng Extension: 5547 Date Sent: 9/25/13 Date Required: ASAP Return to: Kelly Peterson CONTRACT TERMINATION DATE: VENDOR: Donnell DATE OF COUNCIL APPROVAL: August 20, 2013 ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable Brief Explanation of Document: Closing documents relating to the purchase of the Donnelly property located at 26005 S.E. Kent Kangley Road in the Clark Springs area. g r wr,{ q cxva $ to ' S a r All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received: ( (� Approval of Law Dept.: Law Dept. Comments: Date Forwarded to Mayor: Shaded Areas TO Re Completed By Administration Staff Received: RECEIVED Recommendations and Comments: t-, a Y j Disposition. / �1 , / Z- i ✓ /; — Date Returned: