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HomeMy WebLinkAboutPW13-279 - Original - Jeanne Hamilton - Purchase of 22250 Russell Rd - 09/27/2013 ecords M gemen KENT Document WASHINOTON CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Jeanne Hamilton Vendor Number: 09-3007 JD Edwards Number Contract Number: '5 �alot This is assigned by City Clerk's Office Project Name: Lower Russell Road Levee Project Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract ® Other: Purchase and Sale Contract Effective Date: 9/27/13 Termination Date: Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Mark Madfai/ Ingrid Willms-Dixon Department: PW Design Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): 22250 Russell Road, Kent 98032, Tax parcel #102204-9153; 102204-9191; Deed to City recorded October 15, 2013, recording number 20131015000366 S Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 i REAL ESTATE PURCHASE AND SALE AGREEMENT WITH EARNEST MONEY PROVISION BETWEEN CITY OF KENT AND JEANNE HAMILTON This Agreement is entered between the CITY OF KENT, a Washington municipal corporation, authorized by the Kent City Council on September 17, 2013 ("Buyer"), whose mailing address is 220 4th Avenue South, Kent, Washington 98032-5895, and Jeanne Hamilton, a single person ("Seller"), whose mailing address is 2000 Riverton Road, Blackfoot, Idaho 83221, 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 Numbers 102204-9153-04 and 102204-9191-08, located at 22250 Russell Road, Kent, WA 98032 ("Property"). The Property is legally described in Exhibit "A", attached hereto and incorporated herein by this reference. 2. EARNEST MONEY. Within ten working (10) days of mutual acceptance of this Agreement, Buyer shall remit to Seller the sum of Five Thousand Dollars and NO/100ths ($5,000.00) in the form of a Certified Check, as refundable earnest money to be applied toward the purchase price of the Property payable at Closing. 3. PURCHASE PRICE. The total purchase price for the Property is Two Hundred Eleven Thousand Seven Hundred Fifty Dollars and NO/100ths ($211,750.00), including Earnest Money, payable on Closing. 4. CONTINGENCIES. This Agreement is contingent upon: (a) Final approval of all terms and conditions by the Kent City Council. (b) Buyer's receipt of Seller's information contained in the Real Property Transfer Disclosure Statement ("Disclosure Statement") the form of dF Buyer's Initial� -" Seller's Initialsap—l< H Real Estate Purchase and Sale Agreement Between City of Kent and Jeanne Hamilton Page 1 of which is set forth in Exhibit "B." Seller shall complete one form for each dwelling unit or 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. (c) A feasibility Study as follows: i. Buyer shall have sixty (60) days from the date of mutual acceptance of this Agreement to determine, in Buyer's sole and absolute discretion, if the Property is feasible for the purposes and uses intended. ii. Buyer's feasibility study may include (but is not limited to) a Phase I and/or Phase II environmental assessment, to determine if the Property is feasible for the purposes and uses intended. iii. A Phase I environmental assessment generally will consist of a review of title of ownership and land use, review of geologic and hydrologic maps of the area, review of federal and state databases for known hazardous water generators or contaminated sites, and a site visit. If the Phase I review reveals the potential of a contaminated site, a Phase II environmental assessment may be conducted which generally will consist of on-site sampling, including the digging or boring of test holes for soil samples. BY EXECUTING THIS AGREEMENT, SELLER HEREBY AUTHORIZES BUYER A RIGHT OF ENTRY ON TO THE PROPERTY FOR THE PURPOSE OF CONDUCTING THIS FEASIBILITY STUDY INCLUDING A PHASE I, I Buyer's Initi�7 __ �J Seller's Initials l 1 Real Estate Purchase and Sale Agreement Between City of Kent and Jeanne Hamilton Page 2of8 AND IF NECESSARY, A PHASE II ENVIRONMENTAL ASSESSMENT. SELLER WILL BE NOTIFIED IF A PHASE II ENVIRONMENTAL ASSESSMENT IS TO BE CONDUCTED. iv. Buyer agrees to conduct its feasibility study at its sole cost and expense; and if Buyer does not remove the feasibility contingency, then Buyer also agrees, if requested by Seller, to deliver to Seller copies of all information and documentation obtained by Buyer in connection with its feasibility study. V. If Buyer fails to notify Seller of its approval of the Property, in writing, on or before the expiration of the feasibility period, then this Agreement shall be terminated, and neither Buyer nor Seller shall have any further rights, duties or obligations hereunder, except that the Earnest Money shall be immediately returned to Buyer. Buyer agrees to return the Property to its original state (i.e., fill all boring holes, etc.). 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 shall be immediately returned to Buyer. S. CONVEYANCE AND CONDITION OF TITLE. The title to the Property shall be conveyed by Seller to Buyer at Closing by Statutory Warranty Deed, free and clear of all liens, encumbrances or defects except those described in Schedule B, paragraph(s) 3 through 15 of Title Report Number PAK1125259, described in Exhibit "C", attached hereto and incorporated herein by this reference. General exclusions common to the area and not materially affecting the value of or unduly interfering with Buyer's reasonable use of the Property shall be permitted. All monetary encumbrances and special exceptions listed in Exhibit "C", other than those specifically noted above are to be removed on or before Closing. Buyer's Ini Seller's Initials Real Estate Purchase and Sale Agreement Between City of Kent and Jeanne Hamilton Page 3of8 6. CLOSING COSTS AND PRO-RATIONS. The Excise Tax shall be paid by Buyer. 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. 7. CLOSING OF THE SALE. WITH THE UNDERSTANDING THAT TIME IS OF THE ESSENCE FOR THIS AGREEMENT, this sale shall be closed on or before December 31, 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, Buyer will pay Seller, in the form of a certified check, 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. S. 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. 9. POSSESSION. Buyer shall be entitled to possession on Closing. 10. SELLER'S REPRESENTATIONS. Seller represents: (a) that Seller will maintain the Property in present or better condition until time of agreed possession; (b) that Seller has no knowledge of notice from any governmental agency of any violation of laws relating to the Property except : (c) that if the Property is leased, Seller will provide copies of each and every lease to Buyer within one (1) working day upon request. Buyer's Initial _ ,-�'' Seller's Initials K� Real Estate Purchase and Sale Agreement Between City of Kent and Jeanne Hamilton Page 4 of �i 11. 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. 12. SELLER'S INDEMNITIES: Seller agrees to indemnify and hold harmless the Buyer, against and in respect of, any and all damages, claims, losses, liabilities, judgments, demands, fees, obligations, assessments, and expenses and costs, including, without limitation, reasonable legal, accounting, consulting, engineering and other expenses which may be imposed upon or incurred by Buyer, or asserted against Buyer, by any other party or parties (including, without limitation, a governmental entity), arising out of or in connection with any environmental condition existing as of and/or prior to Closing, including the exposure of any person to any such environmental condition, regardless of whether such environmental condition or exposure resulted from activities of Seller or Seller's predecessors in interest. This indemnity shall survive Closing and be in addition to Seller's obligation for breach of a representation or warranty as may be set forth herein. 13. 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 Buyer's Initla --�- Seller's Initials_} F`7 Real Estate Purchase and Sale Agreement Between City of Kent and Jeanne Hamilton Page 5 of 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. 14. 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. 15. NON-MERGER. The terms, conditions, and provisions of this Agreement shall not be deemed merged into the deed, and shall survive the Closing and continue in full force and effect. 16. NOTICES. All notices required or permitted to be given hereunder shall be in writing and shall be sent U.S. certified mail, return receipt requested, or by facsimile transmission addressed as set forth below: (a) All notices to be given to Buyer shall be addressed as follows: Ingrid Willms-Dixon, Project Analyst City of Kent 220 Fourth Avenue South Kent, WA 98032 idixon@kentwa.gov Buyer's Initials ,.®'' Seller's Initials �A t Real Estate Purchase and Sale Agreement Between City of Kent and Jeanne Hamilton Page 6 of 8 (b) All notices to be given to Seller shall be addressed as follows: Jeanne Hamilton 2000 Riverton Road Blackfoot, Idaho 83221 (253)872-8024 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. 17. CITY COUNCIL ACTION REQUIRED. Seller acknowledges that the closing of the transaction contemplated by this Agreement ( "Closing") is expressly conditioned on the city of Kent City Council's ( "City Council's") prior authorization to purchase the Property under this Agreement ("Council Authorization"), which may or may not be granted in the City Council's sole discretion. Buyer shall not be liable or obligated for any burden or loss, financial or otherwise, incurred by Seller as a result of the City Council's modification of the final terms and conditions of this Agreement, or the City Council's failure to grant the Council Authorization. 17.1 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 Buyer incurs as a result of the City Council's failure to grant the Council Authorization. 18. 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. 19. BINDING EFFECT AND SURVIVAL. This Agreement shall be binding upon parties hereto and their respective heirs, successors and assigns; and the Buyer's In Seller's Initials ZK ) I I Real Estate Purchase and Sale Agreement Between City of Kent and Jeanne Hamilton Page 7 of terms, conditions and provisions of this Agreement shall survive the Closing of this transaction. 20. 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. 21. EXPIRATION OF OFFER. Seller shall have only until 5:00 pra on October 4, 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set forth below. BUYER: CITY OF KENT By: p € ,S6z�tte' oke Its< Mp or Dated: r %' r J,, SELLER: 0 By: lea i e Hamilton Dated: 3 0� P:\Civil\Files\Open Files\0177-2013-Public Works General\Hanniltan Final.Docx Buyer's Initlal5�' e.�' J Seller's Initials Real Estate Purchase and Sale Agreement Between City of Kent and Jeanne Hamilton Page 8of8 EXHIBIT A—LEGAL DESCRIPTION Real property in the County of King, State of Washington, described as follows: PARCEL A: The north half of the following portion of Government Lot 2 in Section 10, Township 22 North, Range 4 East, W.M., in King County, Washington: Beginning at a point 60 feet east of the northwest corner of the David A. Neeley Donation Claim No. 37 on the east bank of the White River; thence east 535.26 feet; thence north 165 feet; thence west 507.54 feet; thence south 14000'00" west 118.80 feet; thence south 49.5 feet to the point of beginning; EXCEPT roads. PARCEL B: That portion of the following described property lying within Government Lot 2, Section 10, Township 22 North, Range 4 East, W.M., in King County, Washington: Beginning at the intersection of the north line of the David A. Neely Donation Claim No. 37 and the east line of the White River; thence northerly along said east line 126 feet; thence north 33030'00"east to an intersection with the west line of T.S. Russell Road Revision; thence southerly to a point 165 feet north of the north line of said Donation Claim; thence easterly to a point 507.54 feet west of a point 595.26 feet east of the northwest corner of said Donation Claim; thence south 14000'00"west 118,8 feet; thence south 49.5 feet to the north line of said Donation Claim; thence westerly along said north line to the point of beginning; EXCEPT the south 82.5 feet thereof, AND EXCEPT county road, Tax Parcel Number: 102204-9153-04 and 102204-9191.08 Situs Address: 22250 Russell Road South, Kent, WA 98032 i I 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. i NOTICE TO THE BUYER THE FOLLOWING DISCLOSURES ARE MADE BY SELLER ABOUT THE CONDITION OF THE PROPERTY LOCATED AT 22250 Russell Road , 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 FIVE 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 is/ V is not occupying the property. I. SELLER'S DISCLOSURES: d DATE: �� L®I SELLER: a � / �� l7Atta��ELLER: Seller's Disclosure Statement - Page 1 of 10 Improved *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 [N? Yes [ ] No [ ] Don't know A. Do you have legal authority to sell the property? If no, please explain. [ ] Yes [4No [ ] 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? i [ ] Yes [L?lo [ ] Don't know *D. Is there a private road or easement agreement for access to the property? [ ] Yes [ ] No [w)''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 [t?oflo [ ] Don't know *F. Are there any written agreements for joint maintenance of an easement or right-of-way? [ ] Yes [q*No [ ] Don't know *G. Is there any study, survey project, or notice that would adversely affect the property? [ ] Yes [trio [ ] Don't know *H. Are there any pending or existing assessments against the property? [ ] Yes [v]"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 [eDon't know *J. Is there a boundary survey for the property? [ ] Yes [e.?NNo [ ] Don't know *K. Are there any covenants, conditions, or restrictions recorded against the property? DATE: 7 °O ©l SELLER: nam3- h ? ELLER: Seller's Disclosure Statemen - page 2 of 1 Improved 2. WATER A. Household Water (1) The source of water for the property is: [&?Private or publicly owned water system [ ] Private well serving only the subject Property *[ ] Other water system [ ] Yes [ ] No [ ] Don't know * If shared, are there any written agreements? [ ] Yes [V�No [ ] Don't know *(2) Is there an easement (recorded or unrecorded) for access to and/or maintenance of the water source? [ ] Yes [4No [ ] Don't know *(3) Are there any problems or repairs needed? [vKYes [ ] 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 [eNo [ ] Don't know *(5) Are there any water treatment systems for the property? If yes, are they [ ] Leased [ ] Owned. [ ] Yes [v]°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? [ ] 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, tank, pump, etc.)? (If yes, please explain) B. Irrigation Water [ ] Yes [ ] No [ on'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 (a) If yes, has all or any portion of the DATE: .? fll SELLER: gftwL , 4. ELLER: Seller's Disclosure Statemen - Page 3 of 10 Improved water right not been used for five or more successive years? [ ] Yes [ ] No [ ] Don't know *(b) If so, is the certificate available? (If yes, please attach a copy.) [ ] Yes [ ] No [ ] Don't know *(c) If so, has the water right permit, certificate, or claim been assigned, transferred, or changed? If so, explain: i [ ] Yes [M'�No [ ] Don't know *(2) Does the property receive irrigation water from a ditch company, irrigation district, or other entity? If so, please identify the entity that supplies irrigation water to the property: C. Outdoor Sprinkler System [ ] Yes N"No [ ] Don't know (1) Is there an outdoor sprinkler system for the property? [ ] Yes [ ] No [ ] Don't know *(2) If yes, are there any defects in the system? [ ] Yes [ ] No [ ] Don't know *(3) If yes, is the sprinkler system connected to irrigation water? 3. SEWER/SEPTIC SYSTEM A. The property is served by: [ ] Public sewer system [eon-site sewage system (including pipes, tanks, drainfields, and all other component parts) [ ] Other disposal system, please describe: [ ] Yes [eNo [ ] Don't know B. If public sewer system service is available to the property, is the house connected to the sewer main? If no, please explain. KWIC! 5'VSTEM ONLY IZEC".LN'TW( BF4A/gMf fJVA/ -ABI- �V [ ] Yes [ry1Go [ ] Don't know *C. Is the property subject to any sewage system fees or charges in addition to those covered in your regularly billed sewer or on-site sewage system maintenance service? D. If the property is connected to an on- site sewage system: DATE: ' .�® ao 13 SELLER: ct 2L ��"SELLER: Seller's Disclosure Statement - Page 4 of 10 Improved [] 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: 19 -7 111L [ ] Yes [ I/No [ ] Don't know *(3) Are there any defects in the operation of the on-site sewage system? [ebon'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 [V'Yes [ ] No [ ] Don't know E. Are all plumbing fixtures, including laundry drain, connected to the sewer/on-site sewage system? If no, please explain: [ ] Yes [eNo [ ] Don't know *F. Have there been any changes or repairs to the on-site sewage system? [eYes [ ] 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 [tj"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: 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 [v]1No [ ] Don't know *A. Has the roof leaked? [ ] Yes [v]®No [ ] Don't know *B. Has the basement flooded or leaked? i [ ] Yes [M'/No [ ] Don't know *C. Have there been any conversions, additions, or remodeling? [ ] Yes [ ] No [ ] Don't know *(1) If yes, were all building permits �o tai ed? DATE: `9 :�® Oi SELLER: t 1 v r ELLER: Seller's Disclosure State men Page 5 of 10 Improved [ ] Yes [ ] No [ ] Don't know *(2) If yes, were all final inspections obtained? [ ] Yes [wj"'No [ ] Don't know D. Do you know the age of the house? If yes, year of original construction: [ ] Yes [eg No [ ] 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 ❑ Slab Floors ❑ Driveways ❑ Pools ❑ Hot Tub ❑ Saunas ❑ Sidewalks ❑ Outbuildings ❑ Fireplaces [_1 Garage Floors ❑ Walkways ❑ Siding ❑ Other ❑ Wood Stoves [ ] Yes [v]"No [ ] Don't know *G. Was a structural pest or "whole house" inspection done? If yes, when and by whom was the inspection completed? [ ] Yes [ej`No [ ] Don't know H. During your ownership, has the property had any wood destroying organism or pest infestation? I [&I Yes [ ] No [ ] Don't know I. Is the attic insulated? [ ] Yes [uKNo [ ] Don't know 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 [+.1"No [ ] Don't know • Electrical system, including wiring, switches, outlets, and service. [ ] Yes [eNo [ ] Don't know • Plumbing system, including pipes, faucets, fixtures, and toilets. [ ] Yes [v"No [ ] Don't know • Hot water tank [ ] Yes [+KNo [ ] Don't know / * Garbage disposal DATE: ' I ` �I SELLER: . , 9J�J 2 )9ELLER: Seller's Disclosure Statement - Page 6 of 10 Improved [ ] Yes [.] No [ ] Don't know • Appliances [ ] Yes [ ] No [ ] Don't know • Sump pump [ ] Yes [teNo [ ] Don't know • Heating and cooling systems [ ] Yes [ ] No [ ] Don't know • 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 [ ] Yes [t,fNo [ ] Don't know Tanks (type): 61 L. [ ] Yes [ ] No [ ] Don't know Satellite dish [ ] Yes [ ] No [ ] Don't know Other: *C. Are any of the following kinds of wood burning appliances present at the property? [ ] Yes [q,*No [ ] Don't know (1) Woodstove? [ ] Yes [vj'No [ ] Don't know (2) Fireplace insert? [ ] Yes XNo [ ] Don't know (3) Pellet stove? [ ] Yes [,]'No [ ] Don't know (4) Fireplace? [ ] Yes [ ] No [ ] Don't know If yes, are all of the (1) woodstoves or (2) fireplace inserts certified by the U.S. Environmental Protection Agency as clean burning appliances to improve air quality and public health? 6. HOMEOWNERS' ASSOCIATION/COMMON INTERESTS [ ] Yes [-,eNo [ ] 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. I I DATE: SELLER: Yt*"- a/ $&AtELLER: Seller's Disclosure Stateme Page 7 of 10 Improved [ ] Yes [ ] No [ ] Don't know B. Are there regular periodic assessments: $ per [ ) Month [ ] Year [ ] Other [ ] Yes ( ] 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 [0o [ ] Don'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 [v�No [ ] Don't know *B. Does any part of the property contain fill dirt, waste or other fill material? [ ] Yes [I"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 [vj"No [ ] Don't know D. Are there any shorelines, wetlands, floodplains, or critical areas on the property? [eYes ( ] 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? 1')Es 9 rIAIC Ol i— T-Ah/!4 [ ] Yes [)]"No [ ] Don't know *F. Has the property been used for commercial or industrial purposes? [ ] Yes [M]oNo [ ] Don't know *G. Is there any soil or groundwater contamination? [ ] Yes [Ni"No [ ] Don't know *H. Are there transmission poles or other utility equipment installed, maintained, or buried on the property that do not provide utility service to the structures on the property? [ ] Yes [vJ"No [ ] Don't know *I. Has the property been used as a legal or illegal dumping site? [ ] Yes [y}"'No [ ] Don't know *J. Has the property been used as an illegal dr g manufac ring site? DATE: 13 SELLER: f - LLER: Seller's Disclosure Statement Page 8 of 10 Improved [ ] Yes [eNo [ ] 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 [ ] Don't know *B. Did the previous owner make any alterations to the home? i [ ] Yes [ ] No [ ] 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 [eNo [ ] 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. �I DATE: /�(�/a�IJ SELLER:? R2( awA%: Seller's Disclosure Statement Page 9 of 10 Improved 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. i 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 LICENSEE OR OTHER PARTY. DATE: - BUYER =- DYER: BUYER'S WAIVER OF T TO RECEIVE COMPLETED SELLER DISCLOSURE STATEMENT Buyer has been advised of Buyer's right to receive a completed Seller Disclosure Statement. Buyer waives that right. However, if the answer to any of the questions in the section entitled "Environmental" would be "yes," Buyer may not waive the receipt of the "Environmental" section of the Seller Disclosure Statement. DATE: BUYER BUYER DATE: ✓oT®G SELLER: , 7� � LER: Seller's Disclosure Statemen Page 10 of 10 Improved EXHIBIT C—SPECIAL EXCEPTIONS 3. Easement, including terms and conditions contained therein: Granted to: King County For: River protection Recorded: January 22, 1964 Recording Information: 5690215 Affects: Parcel B 4. Easement, including terms and conditions contained therein: Granted to: King County For: River protection Recorded: January 22, 1964 Recording Information: 5690216 Affects: Parcel B 5. Terms and conditions of City of Kent Ordinance No. 2616, recorded under Recording No. 8610160888, including, but not limited to, restrictions regarding access to T.S. Russell Road Revision. 6. Terms and conditions of City of Kent Ordinance No. 2544, providing for the creation of the Green River Corridor Special Interest District and for protective use restrictions on land adjoining the river. Notice of said Ordinance is given by recital contained in instrument recorded under Recording No. 8610160888. 7. Conditions, notes, easements, provisions and/or encroachments contained or delineated on the face of the Survey recorded under Recording No. 9003099017, S. Easement, including terms and conditions contained therein: Granted to: City of Kent For: Sanitary sewer main, with necessary appurtenances Recorded: October 17, 2002 Recording Information: 20021017002918 Affects: A portion of Parcel A, as described and/or delineated in document EXHIBIT C—SPECIAL EXCEPTIONS 9. Any question as to the location of the boundaries of Parcel A. The point of beginning is a point "60 feet east of the northwest corner of the David A. Neeley Donation Claim No. 37 on the east bank of the White River."This point appears to be transitory, depending upon the shifting, movement or change in course of the Green River(White River). We note discrepancies between King County Assessor's map and survey recorded under Recording No. 9003099017. 10. Any question or claim as to the exact location of T.S. Russell Road Revision. We note discrepancies as to location between King County Assessor's map and survey recorded under Recording No. 9003099017. 11. Any question or claim as to the exact location of the westerly boundary of Government Lot 2, Due to the shifting, movement or change in course of the Green River(White River), we are unable to determine the exact location of said westerly boundary, as established by Federal Survey, May 21, 1863. Affects: Parcel B 12. Right of the State of Washington in and to that portion, if any, of the property herein described which lies below the line of ordinary high water of the Green (White) River. 13. Rights of the general public to the unrestricted use of all the waters of a navigable body of water not only for the primary purpose of navigation, but also for corollary purposes; including (but not limited to) fishing, boating, bathing, swimming, water skiing and other related recreational Purposes, as those waters may affect the tidelands, shorelands or adjoining uplands and whether the level of the water has been raised naturally or artificially to a maintained or fluctuating level, all as further defined by the decisional law of this state. (Affects all of the premises subject to such submergence) 14. Any question that may arise due to shifting and changing in course of the Green (White) River. 15. Paramount rights and easements in favor of the United States for commerce, navigation, fisheries and the production of power. rt REQUEST" FOR MAYOR'S SIGNATURE Please Fill in All Applicable Boxes tfT Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) originator: Ingrid Willms-Dixon Phone (Originator): 253-856-5519 Date Sent: September 27, 2013 Date Required: October 1", 2013 Return Si ned Document to: Ingrid CONTRACT TERMINATION DATE: VENDOR NAME: Hamilton DATE OF COUNCIL APPROVAL: 9/kC /13 s. Brief Explanation of Document: t; I Purchase and Sale agreement for the Hamilton parcel, for Lower and Lowest Russell Road Levee Project I All Contracts Must Be Routed Through The Law Department X (This„area to ke.completed by the Law Department) k' fir. i Received: � Approval of Law Dept.: . .,, Law Dept. Comments: Date Forwarded to Mayor: pm f Shaded Areas To Be Completed By Administration Statf Received: Q14, of Kent i office 'of dip Mac, a Recommendations and Comments: Disposition. l�/ - i r u ,, RECEIVED Date Returned: CITY C RK