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PK10-217 - Other - Charles R. Huse Testamentary Trust - Settlement Statement for 13417 SE 216th St - 07/30/2010
Pacific Northwest Tide Company 116 Washington Ave N •Kent,WA 98032 Buyer's Estimated Settlement Statement ; Property: 13425 Southeast 216th Street,Kent,WA 98042 File No: 1122557 Officer: Cheree Santini/ECS New Loan No: Settlement Date: Disbursement Date: 07/30/2010 Print Date: 7/28/2010,9 30 AM Buyer: City of Kent,a Washington Municipal Address, 220 4th Ave S,Kent,WA 98032 Seller. Huse Estate and Trust Address- 31417 Southeast 216th Street,Kent,WA 98042 Charge Description Buyer Char a Buyer Credit Consideration Total Consideration 1,550,000 00 Adjustments: Lease from Rose M Lehmann**net sale proceeds 14,400 00 Proration: Count Tax(both Parcels 07/01/10 to 07/30/10 AS8968 01/yr 737 10 New Loan s Lender Rose Mane Lehrnarn Charlene H Nelson New Loan to File -Rose Marie Lehmann Charlene H Nelson 535,600 00 Title/Escrow Charges to Settlement or Closing Fee to Pacific Northwest Title Company$1,250 00 Sales Tax $118 75 1,36875 Record Wa=ty Deed-First to Pacific Northwest Title Company 65 00 Recorn Deed of Trust-First to Pacific Northwest T tie Company 8200 Disbursements Paid- OSS Fee to K,ng County Treasurer 4000 Cash(X From)( To)Borrower 1,000,918 65 Totals 1,551,555 75 1,551,555 75 1 Notice — This Estimated Settlement Statement is sub;ect to changes, corrections or additions at the time of final computation of the Settlement Statement Buyer(S)- City of Kent,a Washington Municipal Corporat t'SAettpooke, Mayor Pacifi IAAA hwes Tdl Company fay Chere a tlni Page t of l i Escrow No. 1122557 PACIFIC NORTHWEST TITLE COMPANY & PAot-w Ncmzi i fWrSt-TITLE' COMPANY LIMITED PRACTICE OFFICER DISCLOSURE Pursuant to Rule 12 of the Rules for Admission to Limited Practice of Law by the Supreme Court of the State of Washington,the following notice is given to the principals of the transaction referred to below A person certified as a Limited Practice Officer under this Rule may select,prepare and complete documents in a form approved by the Limited Practice Board for use in closing a loan,extension of credit, sale or other transfer of real or personal property Such documents shall be LIMITED to deeds,promissory notes, guarantees,security agreements, releases,Uniform Commercial Code documents,assignments, contracts,real estate excise affidavits,bills of sale and other documents as from time to time may be approved by the Board with concurrence of the Supreme Court Further,the Limited Practice Officer named herein will select,prepare and complete certain legal documents required for the closing of this transaction in accordance with the agreement of the principals and only in connection with this transaction,and you are further advised. (1) That the Linuted Practice Officer is not acting as the advocate or representative of either of the clients; (11) That the documents prepared by the Limited Practice Officer will affect the legal rights of both the clients, (111) That the clients'interest in the documents may differ, (iv) That the clients have a right to be represented by a lawyer of their own selection, (v) That the Limited Practice Officer cannot give legal ad as to the manner in which the documents affect the clients Limited Practice Officer. Cheree Santini, LPO#10915 Property Address. 13425 Southeast 216th Street,Kent,WA 98042 Documents Prepared: Real Estate Excise Tax Affidavit The undersigned hereby acknowledge that they have read,understand and received a copy of this statement prior to execution of any documents in connection with this transaction, and authorize the selection,preparation and completion of the legal instruments in accordance with this agreement (The Limmted Practice Officer will require tins notice signed and returned prior to the preparation of documents) SELLER(S): PURCHASER(S): t 1 The Estate of Charlotte E Huse, deceased, City of Kent, a Washington Municipal and The Cha lies R Huse Testamentary Trust Corporation LV 4 4 4y- . Charlene H. Nelson, Co-Personal gy. S Cooke, Mayor Representative By. Rose Marie Lehmann, Co-Personal Rep entative iy: Charlene H. Nelsen, Succe ssor Co- Trustee ix"' By Rose Mane Lehmann, Successor Co-Trustee .A."I",S=.,, REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt PLEASE TYPE OR PRINT CHAPTER 82 45 RCW-CHAPTER 458-61 A WAC when stamped by cashier. THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETED (See back of last page for instructions) Check box if partial sale of property if multiple owner s,list percentage of ownership next to name NameCharlene . Nelson and Rose Marie Lehmann, Name Clty of Kent,a Washington Municipal Corporation ersonal Representatives of the Estate a w Mailing Address 31417 Southeast 216th Street w F. Mailing Address 220 4th Ave S. q� City/State/Zi Kent,WA 98042 m City/State/Ztp Kent,WA 98032 Phone No (including ai ea code) Phone No (including area code) Send all property tax correspondence to Same as Buyer/Grantee List all real and personal properly tax parcel account List assessed value(s) numbers-check box if personal property Name City of Kent 102205-9011-05 F-1 40,766.00 Street c/o Customer Services 220 41h Ave S 102205-9143-06 n 343,000.00 City/State Zip Kent, Wa 98032 Phone No (including area code) 5090 Street address of property 13425 Southeast 216th Street, Kent,WA 98042 This property is located in Elunincorporated County OR within [� City of Kent Check box if any of the listed parcels are being segregated from a larger parcel Legal description of property(if more space is needed,you may attach a separate sheet to each page of the affidavit) See Attached "Exhibit A" ** of Charlotte E. Huse,deceased;and Charlene H. Nelson and Rose Marie Lehmann, as Successor Co-Trustees of The Charles R. Huse Testamentary Trust,as their interest may appear of record 00n�(� Select Land Use Code(s) List all personal property L� and i t le)included in selling 11 price SLO entei any additional codes a �ed� O (See back of last page of instructions) YES NO PQQ� Is this property exempt from property tax per chapter ❑X 84 36 RCW(non profit organization)? YES NO If claiming an exe00n,list WAC number and reason for exemption. Is this property designated as forest land per chapter 84 33 RCW'? LJ Is this property classified as current use(open space,farm and [X 0 WAC No (Section/Subsection) agricultural,or timber)land per Chapter 84 34 RCW?Jv2jX.5_ J j OMLY Reason for exemption Is this property receiving special valuation as historical property © I per Chapter 84 26 RCW? If any answers are yes,complete as instructed below (1)NOTICE OF CONTINUANCE(FOREST LAND OR CURRENT USE) Type of Document Statutory Warranty Deed NEW OWNER(S) To continue the current designation as forest land or classification as current use(open space,farm and agriculture,or timber)land,you Date of Document must sign on (3) below The county assessor must then determine if the land transferred continues to qualify and will indicate by signing below If the land no Gross Selling Pi Ice $ 1,550,000.00 longer qualifies or you do not wish to continue the designation or classification,it *Personal Property(deduct) $ will be removed and the compensating or additional taxes will be due and payable Exemption Claimed(deduct) $ by the seller or transferor at the time of sale (RCW 84 33 140 or RCW Taxable Selling Price $ 1,550,000.00 84 34 108) Prior to signing(3)below,you may contact your local county assessor for more information QLtr ovf,Pu t,`iUaan& l'a kciv W.N/d54 Excise Tax State $ 19,840.00 This land does does not qualify for continuance Local $ 7,750.00 /f�_f x � "Delinquent Interest State $ DEP ASSESSOR J t� DATE Local $ (2)NO' ICE OF COMPLIANCE(HISTORIC PROPERTY) "Delinquent Penalty $ NEW OWNER(S) To continue special valuation as historic property,sign(3) Subtotal $ 27,590.00 below If the new owner(s)do not wish to continue,all additional tax calculated pursuant to chapter 84 26 RCW,shall be due and payable by the seller on transferor 'State Technology Fee $ 5.00 at the time of sale "Affidavit Processing Fee $ (3)OWNER(S)SIGNATURE Total Due $ 27,595.00 A MINIMUM OF$10.00 IS DUE IN FEE(S)AND/OR TAX PRINT NAME *SEE INSTRUCTIONS �Dr-,mi imenl Of ?'revenue REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt PLEASE TYPE OR PRINT CHAPTER 82 45 RCW-CHAPTER 458-61 A WAC when stamped by cashier. THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETED (See back of last page for instructions) ❑ Check box if partial sale of property If multiple owners,list percentage of ownership next to name Name Charlene H. Nelson and Rose Marie Lehmann, Name City of Kent,a Washington Municipal Corporation as Co-Personal Representatives of the Estate a W mo Mailing Address 31417 Southeast 216th Street w i- Mailing Address 220 4th Ave S. City/State/Zi Kent WA 99042 a: City/State/Zip Kent,WA 98032 Phone No (including area code) Phone No (including area code) Send all property tax correspondence to ❑ Same as BuyedGranue List all real and personal property tax parcel account List assessed value(s) numbers-check box if personal property —I Name City of Kent 102205-9011-05 I i I 40,766.00 Street c/o Customer Services 220 4th Ave S 102205-9143-06 343,000.00 City/State zip Kent,Wa 98032 n Phone No (including area code) 5090 71 ® Street address of property 13425 Southeast 216th Street Kent WA 98042 This property is located in ❑ unincorporated County OR within ❑X City of Kent ❑ Check box if any of the listed parcels are being segregated from a larger parcel Legal description of property(if more space is needed,you may attach a separate sheet to each page of the affidavit) See Attached"Exhibit A" ** of Charlotte E. Huse,deceased;and Charlene H. Nelson and Rose Marie Lehmann,as Successor Co-Trustees of The Charles R.Huse Testamentary Trust,as their interest may appear of record Select Land Use Code(s) List all personal property(tangible and intangible)included in selling 11 price enter any additional codes a (See back of last page of instructions) YES NO Is this property exempt from property tax per chapter ❑ 84.36 RCW(non profit orgamzation)9 YES NO If claiming an exemption,list WAC number and reason for exemption. Is this property designated as forest land per chapter 84 33 RCW? ❑ Is this property classified as current use(open space,fame and ® ❑ WAC No (Section/Subsection) agricultural,or timber)land per Chapter 84 34 RCW? Reason for exemption Is this property receiving special valuation as historical property ❑ ER per Chapter 84 26 RC W1 If any answers are yes,complete as instructed below. (1)NOTICE OF CONTINUANCE(FOREST LAND OR CURRENT USE) Type of Document Statutory Warranty Deed NEW OWNER(S) To continue the current designation as forest land or classification as current use(open space,farm and agriculture,or timber)land,you Date of Document must sign on (3) below The county assessor must then determine if the land transferred continues to qualify and will indicate by signing below If the land no Gross Selling Price $ 1,550,000.00 longer qualifies or you do not wish to continue the designation or classification,it *Personal Property(deduct) $ will be removed and the compensating or additional taxes will be due and payable Exemption Claimed(deduct) $ by the seller or transferor at the time of sale (RCW 84,33140 or RCW Taxable Selling Price $ 1,550,000.00 84 34 108) Prior to signing(3)below,you may contact your local county assessor for more information Excise Tax State $ 19,840.00 This land ❑ does does not qualify for continuance Locai $ 7,750.00 *Delinquent Interest State $ DEPUTY ASSESSOR DATE Local $ (2)NOTICE OF COMPLIANCE(HISTORIC PROPERTY) *Delinquent Penalty $ NEW OWNER(S) To continue special valuation as historic property,sign(3) Subtotal $ 27,590.00 below If the new owner(s)do not wish to continue,all additional tax calculated pursuant to chapter 84 26 RCW,shall be due and payable by the seller or transferor *State Technology Fee $ 5.00 at the time of sale *Affidavit Processing Fee $ (3)OWNER(S)SIGNATURE Total Due $ 27,595.00 PRINT N A E A MINIMUM OF SIO 00 IS DUE IN FEE(S)AND/OR TAX 'SEE INSTRUCTIONS YcFPAiFv ENDF.R.PnNALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. Pacific Northwest Title Company 116 Washington Ave N. Kent,WA 98032 Phn- (253)520-0805 � Fax- (253)520-0864 PACiFic NORTHWEST TITLE PACIFIC NORTHWEST TITLE COMPANY CLOSING ESCROW INSTRUCTIONS PURCHASER City of Kent, a Washington Municipal SELLER- Huse Estate and Trust DATE: 07/28/2010 ESCROW NUMBER- 1122557 (ECS) PRELIMINARY TITLE COMMITMENT NUMBER: 1122557 PURCHASER AND SELLER HEREIN APPOINT AND APPROVE PACIFIC NORTHWEST TITLE COMPANY, (hereinafter referred to as ESCROW AGENT) TO ACT AS ESCROW AGENT FOR THIS TRANSACTION. ESCROW AGENT is to be concerned only with the provisions specifically set forth in these instructions, which DO NOT incorporate the terms of the Purchase and Sale Agreement and Addenda (hereinafter referred to as the Agreement) executed by the parties and are not intended to amend, modify or supersede the terms and conditions set forth therein. CONDITIONS THAT SURVIVE ESCROW: The parties hereto agree that there may be certain conditions set forth in the above Agreement which may survive the closing of this escrow and ESCROW AGENT is to assume no responsibility or liability for such compliance. 1. SELLER herein deposits with ESCROW AGENT, pursuant to these instructions, the following: DOCUMENTS (X) Agreement (X) FIRPTA Certificate (X) Disclosure under APR 12 (X) Excise Sales Tax Affidavit (X) Statutory Warranty Deed (X) IRC 1099S Reporting Forms (X) OSS Notice to Buyer (X) Lease Agreement which ESCROW AGENT is instructed to deliver, release and/or record when ESCROW AGENT has for the account of SELLER $1,550,000.00 , subject to any charges and/or credits authorized herein. 2. PURCHASER herein deposits with ESCROW AGENT the funds required to close, in the form of a cashier's check, wired and/or collected funds in accordance with the Collected Funds Law (RCW 18 44.400); loan proceeds, if applicable; and the following: DOCUMENTS ESCROW INSTRU,-MONIS (continued from previous page) ESCROW NUMBER: 1122557 (ECS) DATE: 07/28/2010 (X) Agreement (X) Excise Tax Affidavit (X) Note (X) Disclosure under APR 12 (X) OSS Acknowledgement (X) Deed of Trust which sums and documents are required to be deposited prior to closing, and which ESCROW AGENT is instructed to disburse and/or deliver, as required to fulfill these instructions and when it has a policy or policies of title insurance or commitments therefor in the form(s) and amount(s) as follows: Title Commitment/Policy (X) Owner's ALTA Standard Amount: $ 1,550,000.00 The undersigned PURCHASER and SELLER have received, reviewed and approved for use in this escrow the preliminary commitment for title insurance, including any supplementals thereto and have reviewed and approved the legal description and general and special exceptions including the covenants, conditions and restrictions affecting said property as stated on the commitment The policy or policies issued will contain the insuring clauses, exceptions, exclusions, provisions and stipulations customarily contained in the printed provision of such form(s) and subject to exceptions shown in the preliminary commitment at the following paragraph number(s). 2-3 (2nd half taxes), 4, 10-13 THE UNDERSIGNED SELLER HEREBY CERTIFIES THAT THERE ARE NO LIENS AND/OR ENCUMBRANCES AFFECTING SAID PROPERTY OTHER THAN AS SHOWN IN THE PRELIMINARY COMMITMENT THE PURCHASER AND SELLER CERTIFY THAT THEY HAVE DEPOSITED INTO THIS ESCROW ALL ADDENDA TO THE PURCHASE AND SALE AGREEMENT. THE PURCHASER AND SELLER HAVE EXAMINED AND HEREBY APPROVE FOR USE IN THIS ESCROW THE ABOVE LISTED DOCUMENTS. 3. A. CLOSING STATEMENTS• ESCROW AGENT shall prepare closing statements which by reference herein are made a part hereof OR otherwise account to the parties for all funds received and disbursed hereunder at the time of final settlement and closing of this escrow ESCROW AGENT shall not be liable for the accuracy of information furnished to it by other persons in the normal course of business, or the failure to adjust items not designated in writing. The parties hereto agree to pay all their proper costs and fees, including any adjustments. Additional amounts which may become due for ESG:OVN 1NSTRU=0NS (cont,nued from previous page) ESCROW NUMBER: 1122557 (ECS) DATE: 07/28/2010 any reason shall be promptly paid to ESCROW AGENT by the party owing such amounts. However, any advance made at its option shall be promptly reimbursed by the party for whom it is advanced and such optional advance shall not be an admission of liability on the part of the ESCROW AGENT. B. PRORATIONS. Adjustment items shall be prorated on the basis of a 365 day calendar year. ESCROW AGENT shall account for adjustments, credit and charges of expense items according to the custom and usage of the community ESCROW AGENT is instructed to prorate as of the actual date of closing, the following. 2010 real estate taxes, C. ESCROW DEPOSITS: All money received by ESCROW AGENT in this escrow is to be deposited in IOLTA bank accounts controlled by ESCROW AGENT pending closing If an interest bearing account is to be established, ESCROW AGENT must be so advised in writing,prior to the deposit of funds, and furnished with a Federal Tax Identification Number D. CLOSING: If this escrow has not been placed in a position to close by 07/30/2010 , the above items deposited by the parties hereto except earnest money, are to be returned to same upon written demand, at which time PURCHASER and SELLER will pay all charges in connection herewith. In the absence of such written demand, ESCROW AGENT will proceed with closing in an expeditious manner. E UNCLAIMED PROPERTY: If checks distributed during the closing process to the last known address of the applicable payee(s) remain uncashed, then ESCROW AGENT may charge an annual fee of up to $100.00 for custody and administration of the unclaimed personal property. ESCROW AGENT will make a reasonable attempt to contact applicable payee(s) and reissue check(s), net of accrued annual fees. Per Washington State law, any remaimng unclaimed personal property will be forwarded to the State of Washington three(3) years from the date the uncashed check was issued. 4. A. UTILITIES: In the event SELLER has not complied with the provisions ofRCW 60.80, SELLER and PURCHASER waive the services of ESCROW AGENT to satisfy unpaid utility charges and agree to settle final bills outside escrow. This provision includes but is not limited to water, garbage, sewer, telephone, metro, electricity, gas and Metro Capacity Charge. ESCROW AGENT shall not be responsible for determination of remaining oil,nor payment thereof. B. FIRE OR CASUALTY INSURANCE: If a new policy of fire,hazard or casualty insurance on the property is required to close the transaction, the PURCHASER will arrange for the policy to be issued, outside of escrow, and will provide evidence of the coverage to the ESCROW AGENT prior to closing ESCROW AGENT shall have no responsibility nor liability for obtaining hazard/homeowner insurance. C. INFORMATION TO OTHERS: ESCROW AGENT is authorized and instructed to furnish, upon request, information concerning this escrow to the listing and/or selling real estate broker, the lender financing this transaction, if any, and attorneys representing the SELLER and PURCHASER. D. FIRPTA: If any seller is a non-resident alien or foreign corporation,partnership, trust or estate for the purposes of United States income taxation, the parties are advised to consult with their attorneys before the closing date to determine their responsibilities under the Foreign Investment in Real Property Tax Act (Section 1445 of IRC). The closing agent is not required to verify the nationality or foreign status of any of the sellers, or to withhold, report or pay any amounts due under such Act. ES& OW INSTRUCTIONS (continued from previous page) ESCROW NUMBER: 1122557 (ECS) DA7 E: 07/28/2010 E LIABILITY LIMITATIONS Without limitation ESCROW AGENT shall not be liable for any loss or damage resulting from the following 1 Any default, error, action, omission of, or misrepresentations made by any other party. 2. The expiration of any time limit or other delay, unless such time limit was known to ESCROW AGENT and such loss is caused solely by failure of ESCROW AGENT to proceed in its ordinary course of business 3. Any loss or impairment of funds deposited in escrow in the course of collection or while on deposit with a bank, savings bank or savings association resulting from failure, insolvency or suspension of such institution. 4 ESCROW AGENT complying with any and all legal process,writs, orders,judgments and decrees of any court whether subsequently vacated, modified, set aside or reversed. F. DISPUTES: Should any dispute anse between the parties, or any of them, and/or any other party, concerning the property of funds involved in the transaction, the ESCROW AGENT may, at its sole discretion, hold all documents and funds in their existing status pending resolution of the dispute, or join or commence a court action, deposit the money and documents held by it with the court, and ask the court to detennme the rights of the parties. ESCROW AGENT is authorized to deduct, prior to deposit of funds in the court, a reasonable sum for costs of attorneys fees and filing fees Upon depositing said funds and documents with the court, the ESCROW AGENT shall have no further duties or responsibilities under these instructions. G. COUNTERPARTS- These escrow instructions maybe executed in counterparts with like effect as if all signatures appeared on a single copy. H. UNDERLYING ENCUMBRANCES: SELLER acknowledges that if any underlying encumbrance(s) is to be paid in full as a part of this escrow, said payoff is based upon a written statement(s)by the Holder/Servicer. Said statement(s)will be updated written or verbally prior to closing. Interest is to be collected to such date as estimated by the ESCROW AGENT to be sufficient for the Holder/Servicer to have received payoff by regular certified mail, overnight delivery, wire or courier SELLER is responsible for any additional fees, interest or requirements in order to obtain necessary documents for release of such encumbrance(s). I. DISBURSEMENTS: Payments disbursed hereunder will conform to the usual and customary practice of the industry and ESCROW AGENT is not responsible for any delays caused by such delivery. J. SELLER PROCEEDS: It is understood that SELLER'S proceeds will be disbursed upon receipt of collected funds from all parties and confirmation of recording numbers of the conveyance documents K. ADVANCE OF EXCISE TAX: PURCHASER and SELLER acknowledge the Excise Tax, if required must be paid prior to closing and authorize ESCROW AGENT to pay such tax. L. POSSESSION: Delivery of Personal Property or transfer of possession of Real Property or condition of either shall not be a part of this escrow nor an obligation of the ESCROW AGENT. M. THIRD PARTY: PURCHASER and SELLER acknowledge that third party written instructions may be submitted into this escrow. Unless such instructions conflict with these instructions, they shall be incorporated herein. N. FORM 1099-S- In compliance with the Tax Reform Act of 1986, and any amendments thereto, SELLER shall provide all information necessary, including a Taxpayer Identification Number (TIN), preparation of a Form 1099-S as required by the Internal Revenue Service. ESCROW AGENT retains the option of not closing the escrow if adequate information is not provided. O. CANCELLATION: These instructions may be cancelled by a written agreement signed by all of the parties. Upon receipt of such agreement and payment of the ESCROW AGENT'S fees, costs and expenses, including but not limited to cancellation fees for title insurance and escrow services, the r RCW INS TRUC IONS (continued from previous page) ESCROW NUMBER: 1122557 (ECS) DATE: 07/28/2010 ESCROW AGENT shall return any money or documents then held by it to the parties that deposited the same, and shall have no further duties or responsibilities under these instructions. P All contingencies and/or conditions as set forth in the Purchase and Sale Agreement and Addenda have been fully met or waived ESCROW AGENT is hereby removed from any responsibility and/or liability for same and is instructed to proceed with closing. Q. LEGAL DESCRIPTION• The undersigned PURCHASER and SELLER herein accept, approve and authorize the use of the legal description as evidenced in Preliminary Title Report No. 1122557 . I HAVE BEEN AFFORDED ADEQUATE TIME AND OPPORTUNITY TO READ AND UNDERSTAND THESE ESCROW INSTRUCTIONS AND ALL OTHER DOCUMENTS REFERRED TO HEREIN . BUYER(S): City of Kent, a Washington Municipal Corporation fay) S tto�Cooke, Mayor DATED: ! � D Purchaser's Forwarding Address: MOVE IN DATE: 220 4th Ave S., Kent, WA 98032 WORK PHONE NUMBER: CELL#: PROMISSORY NOTE / $535,600. (U.S.) u , 2010 nt, Washington FOR VALUE RECEIVED, the undersigned, CITY OF KENT., a Washington municipal corporation, at 220 Fourth Avenue South, Kent, WA, 98032, ("Borrower") promises to pay to the order of ROSE MARIE LEHMANN AND CHARLENE H. NELSON, as tenants in common, in equal undivided shares whose mailing address is 13417 SE 216th Street, Kent, Washington, 98042, ("Lender"), or such other place as Lender may from time to time designate in writing, the sum of Five Hundred Thirty-Five Thousand Six Hundred And No/100 Dollars ($535,600), to lawful money of the United States of America. 1. Interest Rate. 1.1 Note Rate. No interest shall accrue on the unpaid principal balance except as provided in 1.2 below. 1.2 Default Rate. Should Borrower default in the payment of any installment when due hereunder or if Borrower defaults in the observance or performance of the Deed of Trust of even date securing this loan, interest shall accrue hereunder from the date of such default at an annual interest rate equal to twelve percent (12%) per annum ("Default Rate"). After the entire principal amount of the loan evidenced hereby shall become due and payable, whether by acceleration, at maturity, or otherwise, this Note shall bear interest at the Default Rate. 1.3 Computation of Interest. Interest shall be computed on the basis of a 365-day year and accrue on the basis of the actual number of days (including the first day but excluding the last day) occurring. 2. Security. This Note is secured by a Deed of Trust, (the "Deed of Trust") of even date made by Borrower in favor of Lender. Borrower agrees to perform and comply with all of the agreements, terms, and conditions of the Deed of Trust. 3. Repayment. This Note shall be due and payable on or before July 30, 2011. 4. Prepayment. Borrower may prepay Borrower's obligations under this Note in full or in part at any time or from time to time without premium or penalty. S. Application of Payments. Payments received by Lender from Borrower shall be applied first to interest and then to principal, except that PROMISSORY NOTE—Page 1 of 6 (City of Kent & Huse) prepayments made under paragraph 3 of this Note shall be applied as designated by Borrower. 6. Acceleration. Upon Borrower's failure to pay any amount payable hereunder as and when due or-upon the occurrence of any other default under this Note or the Deed of Trust of even date, Lender may declare, at its sole option and upon fifteen (15) days written notice to Borrower, the entire indebtedness- evidenced hereby immediately due and payable in full. Failure to exercise this option or any other right Lender may have shall not constitute a waiver of the right to exercise such option or any other right in the event of any subsequent default. 7. Costs and fees of Collection. Borrower and every other person or entity at any time liable for the payment of the indebtedness evidenced hereby shall also be liable for all costs, expenses, and fees incurred by Lender in collecting any amounts owing hereunder, including reasonable attorneys' fees. Any judgment recovered by Lender shall bear interest at the Default Rate. S. Non-Recourse. Subject to the qualifications set forth below, Lender agrees that (i) Borrower shall be liable upon the indebtedness evidenced hereby to the full extent (but only to the extent) of the security therefore, (the "Security Property"), (ii) if default occurs in the timely and proper payment of all or any part of such indebtedness evidenced hereby, any judicial or other proceedings brought by Lender against Borrower shall be limited to the preservation, enforcement and foreclosure of the liens, estates, assignments, rights and security interests now or at any time hereafter securing the payment of this Note, and no attachment, execution or other writ of process shall be sought, issued or levied upon any assets, properties or funds of Borrower other than the Security Property except with respect to the liability described below in this section, and (III) in the event of a foreclosure of such liens, estates, assignments, rights or security interests securing the payment of this Note, no judgment for any deficiency upon the indebtedness evidenced hereby shall be sought or obtained by Lender against Borrower, except with respect to the liability described below in this section; provided, however, that, notwithstanding the foregoing provisions of this section, Borrower shall be fully and personally liable and subject to legal action: (a) for proceeds paid under any insurance policies (or paid as a result of any other claim or cause of action against any person or entity) by reason of damage, loss or destruction to all or any portion of the Security Property, to the full extent of such proceeds not previously delivered to Lender, but which, under the terms of the Deed of Trust, should have been delivered to Lender; (b) ' for proceeds or awards resulting from the condemnation or other taking in lieu of condemnation of all or any portion of the Security PROMISSORY NOTE—Page 2 of 6 (City of Kent & Huse) Property, or any of them, to the full extent of such proceeds or awards not previously delivered to Lender, but which, under the terms of the Deed of Trust, should have been delivered to Lender; (c) for rents, issues, profits and revenues of all or any portion of the Security Property received or applicable to a period after the occurrence of any event of default or any event which, with the giving of notice and/or the passage of time, would constitute an event of default hereunder which are not either applied to the ordinary and necessary expenses of owning and operating the Security Property or paid to Lender; In the event that Borrower fails to obtain Lender's prior written consent to any assignment, transfer or conveyance of the Security Property or any interest therein as required by the Deed of Trust: (i) the Loan shall be fully recourse to Borrower; and (ii) Lender shall not be deemed to have waived any right which Lender may have under Sections 506(a), 506(b), 1111(b) or any other provisions of the U.S. Bankruptcy Code to file a claim for the full amount of the Loan or to require that all collateral shall continue to secure all of the indebtedness owing to Lender in accordance with the Deed of Trust. Nothing contained in this Section shall (1) be deemed to be a release or impairment of the Indebtedness evidenced by this Note or the Deed of Trust or (2) preclude Lender from foreclosing the Deed of Trust in case of any default or from enforcing any of the other rights of Lender except as stated in this Section. 9. Applicable Law. This Note is made with reference to and is to be construed in accordance with the laws of the State of Washington, without regard to that state's choice of law rules. NOTICE: ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. EXECUTED as the day and year first above written. PROMISSORY NOTE— Page 3 of 6 (City of Kent& Huse) CITY OF KENT. By N e S tte Cooke itl • ayor STATE OF WASHINGTON ) ss. COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that Suzette Cooke is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she is authorized to execute the instrument on behalf of the City of Kent as its Mayor, and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Wl&n n1s Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. �g5'0NF lot ruF �OTq,Qf �y% NOTARY PUBLIC, in and for the State A�sti�o 'z s of Washington, residing at My appointment expires 7—Y 8- /Y //',Jj OH►WA\\?���� PROMISSORY NOTE—Page 4 of 6 (City of Kent& Huse) Charlene H. Nelson. B �h✓" Name: Title: STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this--41D day of , 2010, before me a Notary Public in and for the State of Washington, pers ally appeared Charlene H. Nelson, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument and acknowledged it to be_free and voluntary act and deed for the uses and purposes mentioned in this instrument. Notary seal Must Appear w1bhm This Box- ` IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. z ' NOTARY PUBLIC, in and for the S e of Washington, residing at �bgV My appointment expires 51 r W PROMISSORY NOTE—Page 5 of 6 (City of Kent& Huse) Rose Marie Lehmann. B ame: Title: STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this Z�( day of 2010, before me a Notary Public in and for the State of Washingu, perso Ily appeared Rose Marie Lehmann, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument and acknowledged it to be_ free and voluntary act and deed for the uses and purposes mentioned in this instrument. -Notary Sea/Must Appear Wi6 in This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the to 's £ f of Washington, residing at_ My appointment expires .err P:\Civil\Files\Open Fifes\1469-HusePropertyAcquisition\Promissory Note.docx PROMISSORY NOTE— Page 6 of 6 (City of Kent& Huse) tY�.S. .oAI'h lvMter�'S' P R.. ^5 'J• After Recording Return To: Rose Marie Lehmann 31417 SE 2161h Street Kent, WA 98042 Grantor(s) (Borrower): City of Kent Grantee(s) (Lender): Rose Marie Lehmann and Charlene H. Nelson Grantee(s) (Trustee): Pacific Northwest Title Reference Number(s) of Documents assigned or released: N/A Legal Description (abbreviated): PTN NW QTR & NE QTR NW QTR SW QTR SEC 10 TWP 22N RGE 5E, KING COUNTY Additional legal(s) on Exhibit A of document Assessor's Property Tax Parcel/Account Numbers: 102205-9011-05 and 102205- 9143-06 DEED OF TRUST � � 1 ! THIS DEED OF TRUST, made this ;? day of W[ 2010, between The City of Kent, GRANTOR, whose address is 220 Fourth Av nue South, Kent, Washington 98032, Pacific Northwest Title Company, a corporation, TRUSTEE, and Rose Marie Lehmann and Charlene H. Nelson, as tenants in common, in equal undivided shares, BENEFICIARIES, whose address is 13417 SE 216`h Street, Kent, Washington, 98042. WITNESSETH: Grantor hereby bargains, sells and conveys to Trustee in Trust, with power of sale, the following described real property in King County, Washington: See Exhibit "A" attached and incorporated herein. which real property is not used principally for agricultural or farming purposes, together with all tenements, hereditaments, and appurtenances now or hereafter Deed of Trust Page 1 of 8 (City of Kent&Lehmann/Nelson) thereunto belonging or in any wise appertaining, and the rents, issues and profits thereof. This deed is for the purpose of securing performance of each agreement of Grantor herein contained, and payment of the sum of Five Hundred Thirty-Five Thousand Six Hundred And No/100 Dollars ($535,600), in lawful money of the United States of America with interest, in accordance with the terms of a promissory note of even date herewith, payable to Beneficiary or order, and made by Grantor, and all renewals, modifications and extensions thereof, and also such further sums as may be advance or loaned by Beneficiary to Grantor or any of his/her/their successors or assigns, together with interest thereon at such rate as shall be agreed upon. To protect the security of this Deed of Trust, Grantor covenants and agrees: 1. To keep the property in good condition and repair; to permit no waste thereof; to complete any building, structure or improvement being built or about to be built thereon; to restore promptly any building, structure or improvement thereon which may be damaged or destroyed; and to comply with all laws, ordinances, regulations, covenants, conditions and restrictions affecting the property. 2. To pay before delinquent, all lawful taxes and assessments upon the property; to keep the property free and clear of all other charges, liens or encumbrances impairing the security of this Deed of Trust. 3. To keep all buildings now or hereafter erected on the property described herein continuously insured against loss by fire or other hazards in an amount not less than the total debt secured by this Deed of Trust. All policies shall be held by the Beneficiary, and be in such companies as the Beneficiary may approve and have loss payable first to the Beneficiary as its interest may appear and then to the Grantor. The amount collected under any insurance policy may be applied upon any indebtedness hereby secured in such order as the Beneficiary shall determine. Such application by the Beneficiary shall not cause discontinuance of any proceedings to foreclose this Deed of Trust. In the event of foreclosure, all rights of the Grantor in insurance policies then in force shall pass to the purchaser at the foreclosure sale. 4. To defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee, and to pay all costs and expenses, including cost of title search and attorney's fees in a reasonable amount, in any such action or proceeding, and in any suit brought by Beneficiary to foreclose this Deed of Trust. Deed of Trust Page 2 of 8 (City of Kent&Lehmann/Nelson) 1 5. To pay all costs, fees and expenses in connection with this Deed of Trust, including the expenses of the Trustee incurred in enforcing the obligation secured hereby and Trustee's and attorney's fees actually incurred, as provided by statute. 6. Should Grantor fail to pay when due, any taxes, assessments, insurance premiums, liens, encumbrances or other charges against the property hereinabove described, Beneficiary may pay the same, and the amount so paid, with interest at the rate set forth in the note secured hereby, shall be added to and become a part of the debt secured in this Deed of Trust. IT IS MUTUALLY AGREED THAT: 1. In the event any portion of the property is taken or damaged in an eminent domain proceeding, the entire amount of the award or such portion as may be necessary to fully satisfy the obligation secured hereby, shall be paid to Beneficiary to be applied to said obligation. 2. By accepting payment of any sum secured hereby after its due date, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to declare default for failure to so pay. 3. The Trustee shall reconvey all or any part of the property covered by this Deed of Trust to the person entitled thereto, on written request of the Grantor and the Beneficiary, or upon satisfaction of the obligation secured and written request for reconveyance made by the Beneficiary or the person entitled thereto. 4. Upon default by Grantor in the payment of any indebtedness secured hereby or in the performance of any agreement contained herein, all sums secured hereby shall immediately become due and payable at the option of the Beneficiary. In such event and upon written request of Beneficiary, Trustee or its authorized agent shall sell the trust property, in accordance with applicable law, at public auction to the highest bidder. Any person except Trustee may bid at Trustee's sale. Trustee shall apply the proceeds of the sale as follows: (i) to the expense of sale, including a reasonable trustee's fee and attorney's fee; (ii) to the obligations secured by this Deed of Trust; (it!) the surplus, if any, shall be deposited with the clerk of the superior court of the county in which the sale took place to be distributed in accordance with law. 5. Trustee shall deliver to the purchaser at the sale its deed, without warranty, which shall convey to the purchaser the interest in the property which Grantor had or had the power to convey at the time of his/her/their execution of this Deed of Trust, and such as he/she/they may have acquired thereafter. Trustee's deed shall recite the facts showing that the sale is conducted in Deed of Trust Page 3 of 8 (City of Kent&Lehmann/Nelson) compliance with all requirements of law and of this Deed of Trust, which recital shall be prima facie evidence of such compliance and conclusive evidence thereof in favor of bona fide purchasers and encumbrances for value. 6. The power of sale conferred by this Deed of Trust is not an exclusive remedy; Beneficiary may cause this Deed of Trust to be foreclosed as a mortgage. 7. In the event of the death, incapacity or disability or resignation of Trustee, Beneficiary may appoint in writing a successor trustee, and upon the recording of such appointment in the mortgage records of the county in which this Deed of Trust is recorded, the successor trustee shall be vested with all powers of the original trustee. The trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in which Grantor, Trustee or Beneficiary shall be a party unless such action or proceeding is brought by the Trustee. 8. This Deed of Trust applies to, inures to the benefit of, and is binding not only on the parties hereto, but on his/her/their heirs, devisees, legatees, administrators, executors, successors and assigns. The term Beneficiary shall mean the holder and owner of the note secured hereby, whether or not named as Beneficiary herein. 9. If the Property or any part thereof is sold, conveyed, leased, transferred, encumbered, or full possessory rights therein transferred without the prior written consent of Beneficiary, then Beneficiary may declare the entire remaining principal balance under this Deed of Trust immediately due and payable. This provision shall apply to each and every sale, transfer, conveyance or encumbrance regardless of whether or not Beneficiary has consented or waived its rights, whether by action or nonaction, in connection with any previous sale, transfer, conveyance or encumbrance, whether one or more. 10. Grantor shall pay when due all costs, fees and expenses incident to the property which are associated with a homeowner's or condominium owner's association, common area improvement and maintenance, and such similar expenses. Grantor further agrees to comply with all rules, regulations, covenants and restrictions of any homeowner's or condominium owner's association. Deed of Trust Page 4 of 8 (City of Kent&Lehmann/Nelson) GRANTOR CITY OF KENT <24tt::- E Su Cooke ore: 7 /o STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day of 2010, I hereby certify that I know or have satisfactory evidence that SUZETTE COOKE is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she is authorized to execute the instrument on behalf of the City of Kent as its Mayor and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. Notary Seal Must Appear WiMm 7771s Box- IN WITNESS WHEREOF; I have hereunto set my hand and official seal the day ani& ( first above written. V �ysio'nF r �r i scoi� A N^ NOTARY PUBLIC, in and for the tate �] r4,17$-�2 0 = of Washington, residing at i My appointment expires 7 —J2— /,1 1 1 OItVVAS1*"� r Deed of Trust Page 5 of 8 (City of Kent&Lehmann/Nelson) REQUEST FOR FULL RECONVEYANCE Do not record. To be used only when note has been paid. TO TRUSTEE The undersigned is the legal owner and holder of the note and all other indebtedness secured by the within Deed of Trust. Said note, together with all other indebtedness secured by said Deed of Trust, h?v -een fully paid and satisfied; and you are hereby requested and der^�'�� -nent to you of any sums owing to you under the terms--`-- r- �o cancel said note above mentioned, and all�e*- ✓ 1 ired by said Deed of Trust delivered to yob i 1 of Trust, and to reconvey, without warrail �ms of said Deed of Trust, all the estate no, Dated:i O 1 1f V' 1 1 Deed of Trust Page 6 of 8 (City of Kent&Lehmann/Nelson) Exhibit A Page 1 of 2 PARCEL A THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 10,TOWNSHIP 22 NORTH, RANGE 5 EAST, W M,IN KING COUNTY, WASHINGTON, EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS' BEGINNING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE EAST ALONG THE SOUTH LINE THEREOF 40 RODS, THENCE NORTH 20 RODS; THENCE WEST 40 RODS, THENCE SOUTH 20 RODS TO THE POINT OF BEGINNING, AND EXCEPT THE WEST 460 FEET OF THE NORTH 610 FEET OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OP THE SOUTHWEST QUARTER OF SAID SECTION 10; AND EXCEPT THE NORTH 30 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSE BY DEED RECORDED UNDER RECORDING NUMBER 2948529; AND EXCEPT THE WEST 30 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED UNDER RECORDING NUMBER 141716, AND EXCEPT THAT PORTION DEFINED AS FOLLOWS BEGINNING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 22 NORTH,RANGE 5 EAST,W M.,IN KING COUNTY, WASHINGTON; THENCE SOUTH 1010'49" WEST A DISTANCE OF 30 FEET TO THE TRUE POINT OF BEGINNING, THENCE SOUTH 101049" WEST, 818 85 FEET, THENCE NORTH 13050'14" WEST, 114 38 FEET; THENCE NORTH 2016'36"EAST, 119 91 FEET, THENCE NORTH 5003'27"WEST, 179 40 FEET; THENCE NORTH 5032'16"WEST,256 57 FEET, THENCE NORTH 8038'08"EAST, 155 90 FEET TO A POINT ON THE SOUTH RIGHT OF WAY MARGIN OF SOUTHEAST 216TH STREET, THENCE ALONG SAID MARGIN SOUTH 89004'14"EAST,25.00 FEET TO THE TRUE POINT OF BEGINNING TOGETHER WITH THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 10,TOWNSHIP 22 NORTH,RANGE 5 EAST, W.M,IN KING COUNTY,WASHINGTON, DEFINED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 22 NORTH,RANGE 5 EAST, W M, IN KING COUNTY, WASHINGTON, THENCE SOUTH 1010'49"WEST A DISTANCE OF 848.85 FEET TO THE TRUE POINT OF BEGINNING, THENCE SOUTH 1010'49"WEST,478 37 FEET, THENCE SOUTH 89004'32"EAST,45 00 FEET, THENCE NORTH 45051'35"EAST, 62 76 FEET; THENCE NORTH 10045'26" WEST,264 27 FEET; THENCE NORTH 9057'42" WEST, 178 35 FEET TO THE TRUE POINT OF BEGINNING. Deed of Trust Page 7 of 8 (City of Kent&Lehmann/Nelson) Exhibit A Page 2 of 2 PARCEL B WEST 460 FEET OF NORTH 610 FEET OF NORTHEAST QUARTER OF NORTHWEST QUARTER OF SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 22 NORTH, RANGE 5 EAST,W.M.,1N KING COUNTY,WASHINGTON, LESS COUNTRY ROAD Deed of Trust Page 8 of 8 (City of Kent&Lehmann/Nelson) LEASE AGREEMENT THIS LEASE is entered into the date fully executed by and between the CITY OF KENT hereinafter called the "Owner", and Rose Marie Lehmann hereinafter called the "Tenant". 1. PREMISES The Owner leases to Tenant one (1) house and the covered arena located on King County Tax Parcel No. 1022059143, located at 13417 SE 216th Street, Kent, Washington, 98042, and King County Tax Parcel No 1022059011, all legally described in Attachment "A" attached and incorporated into this Lease (the "Premises"). 2. USE Tenant shall use the Premises for a personal residence and arena purposes only. No use shall be made of the Premises, nor act done in or about Premises, which is illegal, unlawful, violates zoning codes, or which will increase the existing rate of insurance for the Premises. Tenant shall not commit, or allow to be committed upon the Premises, any waste or any public or private nuisance. Tenant will comply, at Tenant's own cost and expense, with all reasonable orders, notices, regulations or requirements of any municipality, state or other governmental authority respecting the use of the Premises. 3. TERM The term of this Lease shall begin upon the first day of the month following Closing of the sale of the Premises between Owner, as buyer, and Tenant, as seller. The sale was closed on July 30, 2010. This Lease shall continue for one (1) year. Tenant may terminate this Lease sooner upon giving Owner twenty (20) days written notice prior to the end of the month. 4. RENT A. Monthly rent of $1,200 per month, through the term of the Lease, has been included in the purchase price o f the Sale Agreement. Tenants hall pay leasehold tax, which at this time is 12.84% (or $154.08 per month) to Owner on the first of each month. If this lease is terminated prior to the one year expiration in Section 3, neither Owner nor Tenant shall owe each other rent or leasehold tax for the unexpired portion of the term. B. Leasehold tax shall be paid in advance, on or before the first day of the month during the Lease Term. Leasehold tax shall be mailed to: LEASE AGREEMENT Page 1 of 10 (between the City of Kent and Lehmann) City of Kent Customer Services 220 Fourth Avenue South Kent, WA 98032 C. Tenant shall pay Owner a late payment charge equal to five percent (5%) of the leasehold tax for any payment not paid within five (5) calendar days of when due. Any amounts not paid when due shall bear interest until paid at the rate of one percent (1%) per month. 5. TAXES Tenant shall pay any tax that this Lease, or the interest created thereby, may be subject to at any time during the term of the Lease or renewal thereof. 6. RE-DELIVERY Tenant, at the expiration of the term in Section 3, any extension of the term, or upon any sooner termination of this Lease, will, without notice from Owner, quit and deliver up the Premises to the Owner peaceably, quietly, and in as good order and condition as the same now are or may hereafter be placed by Owner, reasonable use and wear thereof excepted. 7. TENANT'S OBLIGATIONS A. Utilities: Tenant will pay, when due, all utilities (water, sewer, gas, garbage, electricity, etc.). It is the obligation of the Tenant to set up or continue utilities services at the beginning of tenancy. Tenant is to pay the utility company directly. The Tenant is obligated for all utilities until the last day of tenancy. Tenant shall cause no liens of record to be placed upon the Premises because of delinquent utility charges. B. Operation of Appliances: Tenant shall properly use and operate all electrical, gas, heating, and plumbing fixtures as well as appliances supplied by the Owner on the Premises. C. Appliances: Tenant shall promptly repair any appliances if the malfunction was caused by Tenant. D. Broken Glass: Tenant shall promptly replace any glass that is broken as a result of the Tenant and his/her guest(s). E. Yard: Tenant shall, at his/her expense, maintain the Premises by watering, weeding, and overall conditioning the lawn, shrubs, trees, and landscaping. F. Utility System: Tenant shall protect the plumbing, system from freezing and maintain the heating system, which includes regular changing of the furnace filters if applicable. LEASE AGREEMENT Page 2 of 10 (between the City of Kent and Lehmann) G. Regular Maintenance: Regular maintenance of faucets, pipes, gutters, furnace, roof, and chimney is the Tenant's obligation year round. Annual maintenance of the roof will include such work as pressure washing and replacement of loose or missing shingles. H. Paint: Exterior surfaces shall be treated by the City on a life cycle schedule every 5-7 years. Maintenance of interior surfaces shall be the responsibility of the Tenant.' I. Dangerous Conditions: Tenant shall immediately notify the Owner of any dangerous condition that might lead to the impairment of the value of the Premises. J. Insurance: Tenant shall procure and maintain renter's insurance in connection with Tenant's use of the Premises. S. EXCEPTIONS FROM LEASE: The following items will not be repaired or replaced by the Owner and remain on the Premises only for the convenience of the Tenant: 9. OWNER OBLIGATIONS: Owner agrees to maintain the Premises according to the laws of the State of Washington and Federal agencies. However, if a defective condition was caused directly or indirectly by the Tenant, his/her family, guest, licensee, or any other person(s) acting under the control or direction of Tenant, the Owner shall have no obligation to repair said defect, and the Tenant shall immediately repair the defect at Tenant's cost. The Tenant shall have no defense against the Owner to remedy the defective condition. This applies also where Tenant unreasonably fails to notify the Owner of the condition or allow Owner access to the Premises for the purpose of repair. 10. ALTERATIONS Tenant shall not make any alterations, additions or improvements to the Premises, without obtaining the consent of Owner in writing first, which shall not be unreasonably withheld. Owner does hereby consent to cosmetic alterations such as painting. All alterations, additions and improvements that are made, shall be at the sole cost and expense of Tenant. All improvements shall become the property of the Owner except for improvements that Owner, at Owner's option, agrees are the property of Tenant, or improvements that Owner requests Tenant remove at termination. If the Tenant performs work with the consent of the Owner, Tenant agrees to comply with all laws, ordinances, rules, regulations of the appropriate governing authority. The Tenant further agrees to save the Owner free and harmless from damage, loss or expense arising out of said work. LEASE AGREEMENT Page 3 of 10 (between the City of Kent and Lehmann) 11. INDEMNIFICATION/HOLD HARMLESS Tenant s hall defend, indemnify and hold the Owner, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Lease, except for injuries and damages caused by the sole negligence of the Owner. Should a court of competent jurisdiction determine that this Lease is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Tenant and the Owner, its officers, officials, employees, and volunteers, the Tenant shall be liable hereunder, except to the extent the liability is attributed to Owner's negligence. The provisions of this Section shall survive the expiration or termination of this Lease. 12. LIENS Tenant shall keep the leased Premises free from any liens arising out of any work performed, materials furnished, or obligations incurred by Tenant. 13. ASSIGNMENT Tenant shall not assign this Lease or any part thereof. Tenant shall not let or sublet the homes on the Premises. Tenant may not sublet the arena. This Lease shall not be assignable by operation of law 14. ACCESS Tenant will allow Owner or Owner's agents free access at all reasonable times to the Premises for the purposes of inspection. This right shall not be construed as an agreement on the part of the Owner to make repairs, additions, or alterations. 15. DAMAGE OR DESTRUCTION. REPAIR OR REPLACEMENT In the event the Premises is damaged to such extent as to render the Premises untenantable in whole or in a substantial part thereof, or is destroyed, the Tenant shall give Owner or Owner's agent immediate written notice thereof, and, it shall be optional with the Owner to repair or rebuild the same. Owner shall have not more than thirty (30) days after date of such notification to notify the Tenant in writing of Owner's intentions to repair or rebuild the Premises, or the part damaged. If Owner elects to repair or rebuild the Premises, Owner shall prosecute the work of repairing or rebuilding without unnecessary delay. If Owner elects not to repair or rebuild the Premises this Lease shall be terminated and Owner shall not be obligated to provide Tenant another facility to lease. 16. NOTICES All notices to be given by the parties hereto shall be in writing and may either be served personally or may be deposited in the United States Mail, postage prepaid, LEASE AGREEMENT Page 4 of 10 (between the City of Kent and Lehmann) by either registered mail or by regular mail with certificate of mailing obtained. Notices shall be mailed to the addresses below, or a later changed addressed provided in writing to the party: OWNER: City of Kent Attn: Parks & Community Services Director 220 Fourth Avenue South Kent, Washington 98032 (253) 856-5700 TENANT: 44 n<� M, 2rr 1 r- olnumN - t�(t t ill 2 O+2 17. DEFAULT AND RE-ENTRY If Tenant shall violate, default or not comply with any of the material covenants, agreements or provisions of this Lease, then the Owner may cancel this Lease upon giving the notice required by law, and re-enter the Premises, using such force as may be required. The failure of the Owner to insist upon strict performance of any of the covenants and agreements of this Lease, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenant or agreements, but the same shall be and remain in full force and effect. 18. COSTS AND ATTORNEYS FEES If by reason of any default on the part of Tenant it becomes necessary for the Owner to use an attorney, or if Tenant shall bring any action for any relief against Owner, declaratory or otherwise, arising out of this Lease, each p arty shall be responsible to pay its own attorney fees and costs. 19. REMOVAL OF PROPERTY In the event of any entry in, or taking possession of, the Premises, the Owner shall have the right, but not the obligation, to remove from the Premises all personal property located therein. Owner may store the same in any place selected by Owner, including but not limited to a public warehouse, at the expense and risk of the owners of the personal property, with the right to sell such stored property in accordance with Chapter 59.18 RCW. LEASE AGREEMENT Page 5 of 10 (between the City of Kent and Lehmann) 20. HEIRS AND SUCCESSORS Subject to the provision hereof pertaining to assignment and subletting, the covenants and agreements of this Lease shall be binding upon the heirs, legal representatives, successors and assigns of any or all of the parties hereto. 21. HOLDOVER If the Tenant shall, without the written consent of Owner, holdover after the expiration of the term of this Lease, such tenancy shall be for an indefinite period of time on a month to month tenancy, such tenancy may be terminated as provided by the laws of the State of Washington. During such tenancy Tenant agrees to pay to the Owner 110%($1,320) per month of the rent paid prior to Tenant holding over plus 100% leasehold tax on the rent and to be bound by all of the terms, covenants, and conditions of this Lease, so far as applicable. 22. SUBORDINATION Upon Owner entering into any financing or refinancing affecting the Premises, Tenant agrees to execute documents within three (3) days of the request of Owner to subordinate this Lease to any.mortgage, (or deed of trust or other security) granted to a financing institution or other secured party or entity. The foregoing conditions are mutually agreed to by the Owner and the Tenant. TENANT(s): OWNER: cc:: Pnnt NameDSLPyIa ✓+e Lo�hrna �,� Sue Cooke Date: '*7_ 7_ 128 U Mayor Date; A0 LEASE AGREEMENT Page 6 of 10 (between the Co of Kent and Lehmann) STATE OF WASHINGTON ) ss. COUNTY OF KING �/ ) On this20 day of V 2010, befrfA��r�e me a Notary Public in and for the State of Washington, per all appeared KOSL Y�G ya, Y personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument and acknowledged it to be his/her free and voluntary act and deed for the uses and purposes mentioned in this instrument. -Notary Sea/Must Appear Within This Box- IN WITNESS WHEREOF, I have hereu to set my hand and official seal the day and year first abov wr en. if r0=AR (%W_q__t S �" NOTARY PUBLIC, in and for he at Aue`y�, of Washington, residing at My appointment expires 2d 2 LEASE AGREEMENT Page 7 of 10 (between the City of Kent and Lehmann) STATE OF WASHINGTON ) . ss. COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that Suzette Cooke is the person who appeared before me, and said person acknowledged that she signed this Instrument, on oath stated that she Is authorized to execute the instrument on behalf of the City of Kent as its Mayor, and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Sea!Most Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. BR/G till L -•�� 1 ry 0 ratARL �1+�% � 1� ` ' - NOTARY PUBLIC, in and for the State s Nam'., °�13 Z _ p of Washington, residing at �ZZ, �'T'''�; e„�.1'' c�_ My appointment expires >— i/4/l�c�1WAS\\CN\, .t P \Gvil\Files\Open Files\1469-H use Prope rtyAcgwsition\Lease.docx LEASE AGREEMENT Page 8 of 10 (between the City of Kent and Lehmann) Attachment A Page 1 of 2 THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 22 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; TOGETHER WITH THAT PORTION DESCRIBED AS FOLLOWS BEGINNING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 22 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, THENCE SOUTH 1"10'49 WEST A DISTANCE OF 848 85 FEET TO THE TRUE POINT OF BEGINNING, THENCE SOUTH 1"10'49" WEST, 470.37 FEET, THENCE SOUTH 89"04'32" EAST, 45.00 FEET, THENCE NORTH 45"51'35" EAST, 62 76 FEET, THENCE NORTH 10"45'26" WEST, 264 27 FEET; THENCE NORTH 9"57'42" WEST, 178 35 FEET TO THE TRUE POINT OF BEGINNING, EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF OF THE SOUTHWEST QUARTER AND RUNNING THENCE EAST ALONG THE SOUTH LINE 40 RODS; THENCE NORTH 20 RODS, THENCE WEST 40 RODS; THENCE SOUTH 20 RODS TO THE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS- BEGINNING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 22 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, THENCE SOUTH 1"10'49" WEST A DISTANCE OF 30 FEET TO THE TRUE POINT OF BEGINNING, THENCE SOUTH 1"10'49" WEST, 818 85 FEET; THENCE NORTH 13-50-14" WEST, 114 30 FEET; THENCE NORTH 2^16'36" EAST, 119 91 FEET, THENCE NORTH 5°03'27" WEST, 179 40 FEET, THENCE NORTH 5°32'16" WEST, 256 57 FEET, THENCE NORTH 8°38'06" EAST, 155 90 FEET TO A POINT ON THE SOUTH RIGHT OF WAY MARGIN OF SOUTHEAST 216TH STREET, THENCE ALONG SAID MARGIN SOUTH 89°04'14" EAST, 25 00 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THE WEST 30 FEET THEREOF CONVEYED TO KING COUNTY FOR 132ND AVENUE SOUTHEAST BY DEED RECORDED UNDER RECORDING NUMBER 141716; I EXCEPT THE NORTH 30 FEET THEREOF CONVEYED TO KING COUNTY FOR SOUTHEAST 216TH STREET BY DEED RECORDED UNDER RECORDING NUMBER 2948529, ALSO EXCEPT THE WEST 460 FEET OF THE NORTH 610 FEET OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION, TOWNSHIP AND RANGE. LEASE AGREEMENT Page 9 of 10 (between the City of Kent and Lehmann) i Attachment A Page 2 of 2 THE WEST 460 FEET OF THE ?NORTH 610 FEET OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 22 NORTH, RANGE 5 EAST, WILLAMEETTE MERIDIAN, IN KING COUNTY, WASHINGTON, EXCEPT COUNTY ROAD. i I, i LEASE AGREEMENT Page 10 of 10 (between the City of Kent and Lehmann) ti Form 22V OCcpyright 2003 Buyer's Declaration Northwest Multiple Listing Service Rev 3/03 ALL RIGHTS RESERVED Pages 1 of 1 KING COUNTY FORM— BUYER'S DECLARATION OF RECEIPT OF COPY OF ON-SITE SEWAGE SYSTEM OPERATION AND MAINTENANCE REQUIREMENTS Pursuant to section 13 56 054B 1 of the King County Board of Health On-site Sewage Regulations, Buyer 1 declares that Buyer received a copy of Seller's Notice of Qn-Site Sewage System Operation and 2 Maintenance Requirements (the "Notice") dated '?T_= I to , recorded under3 document number of the official records of King County, State of Washington 4 Buyer shall pay the Operation and Maintenance Program Fee as set forth in King County's fee schedule,5 as that fee may be amended from time to time. 6 Z-7j6v 1 7 Bu er to Buyer Date g Public 14ealt.h Se�Yt�e:&Kia County Public Real&Seattle&King County 900 Oakesdale Ave SW_Suite#100-Renton.WA 98057 (206)396-4932 On-Site Septic System Inspection Report for Property Transfer: Application ism be filled out and submitted by a liceused On-Site S}5-tem lllatatainet_A 895.00 application tee includes the��prciion report,FJingfee. This appItcation must include an accurate,record dram mg of the septic system and the OperationfPerformancebloartoringReport. Propertvinformation ' ` Property awnces name ee,40%cei Phone#ge,1&3/ 7 Property address 139I7 SE 211 `= ST City —K zip Code 980,K9 Property parcel number(ta c lot account number)-4P This report includes a record drawing that is: / enastmg _✓_lnodifad new Water supply: `municipal group B ✓ individual Bedrooms system was approved for according to site design. number of bedrooms b'� NIA(designed prior to bedroom designed systems) information unavailable Date tank was last pumped: or ✓ unlmoim Is house occupied?_,dyes no unI nowa If no,when was ap rwamate vacate date? tUtt_ary of In;pardoa Are all tanks accessible? _,yes ✓no-Ifno,is system on of con-:i�Cianw¢ecordizg to the Tit?s 13 code�ition it toes app -g road urdarP no At the time of this inspection were any risers or monitoring ports installed? yes-Ifyes,tohatwas issstalled� =0 Upon evaluation of the septic system were any repairs made? _yes-Ifyes,please explain —*/—no For t raN ity Symtems Only: Condition of distribution box- properly inaccessible 1\t1A(i e.serial distribution) not tvorldng properly Furth-1 explanation of distribution box Stress test,specify number of gallons used and resuhs(optional-not required unless distribution box is inaccessible-Inaccessible distribution boxes require a minimum 150 gallon test if house is ooeupred14.50 gallon test irtrnaccupied-) /`��a ` 9�!/oI95 -Tiyk K�7�rr uae;oll For Pressure Distribution Systeins Only- Pressure test results(optional-not required): JUL 2 6 y w equal distribution sl 2 unequal distribution Further action taken for unequal distribution pressure test BLACK 77IT'Er. "The complete iiispection report is found on the attached O erationl Mamtmance Monitoring Reporting farm I certify to t my knowledge,that this inspection report is true,acenrate and complete Crn-SYYtcM Rain ' er's Signature OSM# updated 30109 • �t1 r i Public HCaIt11 ® ° � � ® 0 " a e t1� •® n 54NcGTIeg COtlON This report is required to be submitted to Public Health ONLY when sewage is '°"""�"`"`°`"°"'�"""•""`- surfacing. If sewage is sur%Ling,the On-site System Maintaner(OSM),pumper or owner shall submit wpyto Public Health—Seattle&King County,14350 BE Easigate Way, Bellevue,WA 98007,Tel (206)296-4932 The$10 filing fee Is not required, DATE OF MONITORING VISIT: 7//9 //o PARCEL(APN): l D ez 02 A9 I/ H 3 1 DATE OF NEXT VISIT: 7 1 /9 //3 GRAVITY r PUMP TO GRAVITY: FIRST 6 MONTHS AFTER APPROVAL[] ANNUAL❑ 3-YEAR❑ Customer Name: �eLrrt v� -7- "� "'Ie, Site Address: /35l/7 --L5 9/6 ST city:Ice v Zip: Malting Address- City: zip: OSM Name: arq�T 5 I - ti OSM#: Z Ja—OSM Tel#,(,)53 )ss 1 o a g A. SEWAGE SURFACING: No Yes_If yes,answer a.a.(a)State where sewage Is surfacing In Section IV (b.)Contained On-stte-_or Migrating Mslte_(a)State possible cause(s)of failure in Section IV B. PRE-FAILING SIGNS- No ✓ Yeses. Ifyes,state observations In Section N. C. OSS WORI(ING PROPERLY. Yes✓No if no,state observations in Section IV (Le.functioning but unable to maintain etc). 1. (a)Septic Tank Size oo gal (b)pump Tank Size�e rV gal (c.)Tank Material Lor�c rc 2 Solids Accumulation Scum Inches Slud a(Inches) Scum below if uid level finchasl e tJdiCaRkJn;,Cu '"atCmab O e OG ' f:. m:C *li�hrnsii�� r S. Uquld Level is a�^,above,or bed _the imrert of outlet pipe 4. Baffles Satisfactory Unsatisfactory NotAccessibte NotA ilcabie s titb effl�'•�r�. :6"erifdd" a /1/ S. Outlet Baffle Screened-Yes,No N/A�(a.)If yes,baffle cleaned Yes,No_ 6 (a.)Pump Func6omng properly Yes_No_WA✓ (b)Alarm Functioning.Yes No_Not Accessible^ (c,)If no to a or b,explain In Section IV. 7. Float SWItcbes Functioning Yes_NoL_(a.)If ne,euplam In Section IV 6 Draw Down Test (a) Inches/Min (b) Galslinch(e.) Gals/Minute 9. Metering Devices Present:Yes_No_Ifyes,answers-c. (a)Design Flow gpd (b)Average Flow gpd (c.)%Desgn Flow:__,,,,_% 10. Timer Yes No if no,record GaWDosa Ifyes,answers-a (a)Timer Battings_On�Olt` Off_,�,_•,(b)New Settings sf Ad)usaments Made.On—O WAl (e.)h8djusams ne made,state reason(s)son(s)In Section IV. 11-(a)Dose Volume Correct Yes_No_(b.)Adjustments Necessary Yes_Ntl 12. Signs of Ground Water Intrusion Into Tanks Yes No_/_(a)If yes,state observations in Section IV 13 Effluent Sampled-NoZYes_(a)if yes,state results In Section IV • 14.Graveltess Chambem Trenches:Yes No (a.)If yes,level of any trench pending from Inspection ports for each .Iine- Indies. Attach diagram or use Section IV to show the lines measured 15 Satisfactory.Yea No_(a.)If no,explain ,Q¢•ems r.�/• rGSery� • e e •e Line P' -�/.e.�.� Line g Line#: OSM,PUMPER OR OWNER SIGNATURE: DATE-- FOR HEALTH DEPARTMENT USE ONLY- Reviewed by Date: Comments 11)2002 wHrn&Onalta System Nztreainer OR Pamper OR Ormer CANARY•Oweer n , • ` i F If 11 W it WATERO'. xf OP./YEYri4Y . v,K CLt OUT cc Jo/NT T/LE WINTER CREEK - -�1'77C TANK (900 CiAL) CL 05ED TO/NT TILE DI STR/BUT/OIV ROX JI \` AS OUPI_T PRRINFIELD - 200 FT. TOTAj $GALE: 1" = 20' loo Fr. 13417 - 5 E -"(o r' ,'CENT. Wl,.' 98031 fE,P/ll/T `3047 9 Pl�i�lic Health Seattle&Bing County Public Health Seattle&Thing Col mty 900 Oakesdale Aire SW. Suite#100_Renton.WA 98057 (206)296-4932 On-Site Septic System Inspection Report for Property Transfer: Application is to be filled cut and submitted by a licensed On-Site SystemB4a:utaitzr_A S95 00 applicatou fee include. The tspecruin report filings fee. This application must include an accurate record drawing of the septic system and the Operation/Performance lSonttoriag$eport Pro-erm Information ! Property oirner's name �Qyll?��1 N�/s�Yl Phone#6,3 s��i 7 Property address_%t3Vae5__ City - Z p Code 9SOl�a Property parcel number(tax lot account number) �Q,a 7.� g L This report includes a r ord drawn_-thh is- existing modified ✓ new Water supply: _.mumicipal „zaroup$ ✓ individual Bedrooms systemwas approved for according to site design. number of bedrooms (designed pmor to bedroom designed systems) _information unavailable Date tank was last pumped: or ✓ nalmolm Is house occupied? yes no unknown If no,when leas appro-umate vacate date? gumruary of Inspection are all tanks accessible? yes Tfno,is system out ofcompliance according to the Tula M code edition i!ioos Opp-owed underp yes,-_�no At the time of this inspection were any risers or monitoring ports installed? X,fyes,what was installed? no Upon evaluation of the septic system were any repairs made? yes-Ifyes,please explaitn no For Gravity System;Only: Condition of distribution box tvorlang properly inaccessible \'/A C.e.serial distributoa) not workingpropeAy Further explanation of distribution box IA�11 x/ Stress test.specify number of gallons used and results(optional-not required unless distribution box is inaccessible Inaccessible distribution boxes require a m nimum 150 gallon test if house is occupied/450 gallon test if unoccvpied_)��{7(7 4k�fan5 rf o0/�silo �C/G✓�// For Pressure Distribution Systems Only: Pressure test results(optional-not required): z - equal distribution unequal distribution JUL 26 Further action taken for unequal distribution pressure test 'The coin lete mz ecuon report is found an the attached Opemtion/Maiatena=cMonitarkjgRepornng +- I certify to est m knowledge,that this inspection report is true,accurate and complete Cif System Maintain 's Signature /OSM#f avdadod=09 4 Public Health o• • ' o a^ 4 •- This report is required to be submitted to Public EIT ONLY when sewage la •�•"""°"`"'""""°'� surfacing If sewage is surfacing,the On-site System 0.4aattalner(OSM),pumper or owner shall submit a copy to Public health—Seattle&King County,14350 SE Eastgale Way, Bellevue,WA 08007,Tel (206)296.4932.The$10 filing fee is not required. DATE OF MONITORING VISIT 71 If f/a PARCEL(APN)• O a a S 9 y 3 DATE OF NEXT VISIT. 71 /9 1/4P VI rPUMPTOGRAVITY: FIRST 6 MONTHS AFTER APPROVAL❑ ANNUAL(] 3-YEAR[) Customer Name: Zu�i/r/a,h - SfteAddress• /3 6i5 1.�lesr" City: .leant 75p: 98a�/7 Mailing Address: City: Zip: OSMName:. M#: 0SM7e1#:( )8 IoaR A. SEWAGE SURFACING: No—V Yes_)fyss,answer a-c.(a)Statewhere sewage is surfecingin Section fV (b)Contained On-sites_or Migrating Offafte_(c.)State possible cause(s)of failure In Section IV. S. PRE-FAILING SIGNS: No ✓ Yes_ If yes,state observations In Section]V- C. OSS WORKING PROPERLY: Yes✓/ No—If no,state observations in Sectlon N r e.functioning but unable to maintain etc, 1. (a)Septic Tank Size: feed gal (b)Pump Tank Stze- Vld gal. (c)Tank Material. 2. Solids Accumulation: Scum inches Slu a(inches) Seum below li alit level nches :;S'e fiL""£T�fiikTH�aCbt+i"attrtr�dt..'; O r� #s6`"ff�•5`ol"o-2==�:SYd"zgx}i'dtF d p / o 3 Vquid Level Is at. ,above_,or below the roved of outlet pipe 4 Baffles. Satisfactory Unsallsfaci Not Accessible Not Applicable :Pk �fAe A3utfaSBa#16� 5 Outlet Baffle Screened Yes_No N/A_ (a)If es,baffle cleaned Yes_No_ S. (a)Pump Functioning Property Yes_No NiA Z (b)Alarm Functioning'Yes No_Not Accessible_ (a)If no to a or b,explain in Section IV. 7 Float Switches Functioning Yes_No_ (a)If no explain In Section IV. S. Draw Down Test(a) Inehas7Min (b) Galsnnch(c.) Gsls/Mlnute 9, Metering Devices Present Yes,No!Ifyes,answer (a)Oesign Flow gpd (b)Average Ffow god (c)%Design Flow- % 10. Timer Yes No lrno,record' Gals/Dose ffyas,answers-e' (a)Timer Settings-On Off_(b)New Settings it Adjustments Made*On^OH,WA (c)If adjustments made,state reasons)in Section fV 11 (a)Dose Volume Coned Yes_No_(b)Adjustments Necessary Yes No,_ 12.Signs of Ground Water intrusion Into Tanks Yes_Not(a)If yes,state-observatkins in Section IV 13,Effluent Sampled:No-Z--Yes (a.)if yes,state results In Section IV to 14. Graveness Chembersfrrenchew Yak_No[_(a)Ifyes,level of any trench pending from inspeclwn ports for each fine tnchas_ Attach diagram or use Section IV to show the lines measured 15 Satisfactory Yes No (a.)if no,explain„�'j/,� 6r.G/ rY,tG('r/G • • a ••• Line# Line# OSM,PUMPER OR OWNER SIGNATURE: DATE: FOR HEALTH DEPARTMENT USE ONLY Reviewed by- Comments 11=02 WHITLcO sysiom Maintainer ORPempotORomer CANARrowner } � INS % ! . & ---- - - --- - > a � \y � x � ! / � z . » z , y � / . w � . x ; / m Irr w wcr a 0. O u+ a +i h 1 N � � H � u h til i U � i Information Sheet for On-site Sewage System Notice on Title OSSM Background Your on-site sewage system (OSS)is a small-scale sewage treatment and disposal plant serving your property You are the owner and operator of this sewage treatment system and,therefore,have some important responsibilities As the owner,you must ensure that • the system is properly used; • regularly scheduled maintenance checks are conducted, • any needed maintenance or repairs are made, and, • the system is protected from physical disruption and damage. Why is a Notice on Title(OSSW necessary? It establishes a public record to assure that future owners of the property are 1)aware that the property is served by an on-site sewage system.and 2)knowledgeable of the owner's basic responsibilities and duties related to the sewage system. Section 13 56 054 of the Code of the King County Board of Health requires owner(s)of real property served by an on-site sewage system to record, in the real property records of King County, a notice on title to the property describing the responsibilities of the owner(s)for the operation and maintenance of the OSS. Section 13 56 054 provides A) New Systems The owner shall record a notice on title with the King County Records and Elections Division This notice shall include all of the owner's responsibilities described in Section 13 60 005 of this title_ B) Existing Systems. 1. Prior to sale or transfer of property ownership, if the building is served by an OSS and the notice of title required by this section has not been recorded,then the owner shall record the notice as set forth in section 13 56 054A. At the time of sale the seller shall obtain the buyer's signature acknowledging receipt of a copy of this recorded notice 2 At the time of sale or transfer of property ownership,the buyer or transferee of a property served by an OSS shall forward to the health officer a fee as set forth in the fee schedule and submit a signed copy of the notice on title as set forth in Section 13.56.054A This fee is$40 00 per the Rules and Regulations 02-01,effective June 17,2002 3 At the time a building is remodeled or expanded, if it is not connected to public sewer and the notice on title required by this section has not been recorded,then the owner shall record the notice as set forth in Section 13 56 054A. What do I need to do to comply? For your convenience,attached is a Recording Cover Sheet and a Notice of On-Site Sewage System Operation and Maintenance Requirements(OSSM)that you can use to fulfill this requirement Fill out the Cover Sheet and OSSM and have your signature(s)notarized. How do I record the completed Notice? Record the Cover Sheet and OSSM at the King County Office of Records and Elections("Recorder's Page t of 2 Pnnt Date i 0/29/99 Revised 01/09/03 Office") located at- King County Administration Building 500 Fourth Avenue,Room 311 (third floor) Seattle (206)296-1570. A few weeks after you have recorded the OSSM,the Recorder's Office will mail back to you the original document with the recording number printed on it Be sure that the Recorder's Office has received your mailing address if you need a recorded copy immediately,submit the original document plus a copy, in person,to the Recorder's office and request that the copy be stamped with the recording number and returned to you right away Mailing the OSSM will take six to eight weeks to be recorded. What do I do with my copy of the recorded OSSM? 1 Keep the original copy for your records 2. If the recording is being made for a newly installed on-site sewage system,as required by 13 56 054(A), give sufficient copies of the recorded OSSM to your on-site sewage system designer so he/she may attach one to each required OSS as-built certification The as-built documents are then submitted to the Health Department for approval 3. If the recording is made for an existing on-site system at the time of property sale,as required by 13 56 054(B 1),give a copy of the recorded OSSM to the buyer before the property is sold or transferred and also have the buyer acknowledge in writing receiving a copy 4. If the recording is made for an existing on-site sewage system at the time of remodeling or expanding an existing building, as required by 13 56 054 (B 2),submit a copy of the recorded OSSM along with a copy of the building alteration proposal to the Health Department before you or your contractor obtain a building permit from the building department. If there are further questions about this requirement,you may contact the Eastgate Public Health Center at(206) 296-4932 or(800)325-6165 ext. 6-4932. Page 2 of 2 Print Date 10/28/99 Revised 01/09/03 RETURN ADDRESS Rose M. Lehmann 13417 SE 216th Street Kent,Wa 98042 Please print neatly or type information Document Title: NOTICE OF ON-SITE SEWAGE SYSTEM OPERATION AND MAINTENANCE REQUIREMENTS Reference Number(s)of Related Documents Additional Reference#s on page Grantor(s)(Last,First,and Middle Initial) The Estate of Charlotte E. Huse, deceased The Charles R. Huse Testamentary Trust Additional Grantors on page Grantees(s)(Last,First,Middle Initial) THE PUBLIC City of Kent Legal Description(abbreviated form:lot,block,plat or section,township,range,quarter/quarter) PTN NW QTR&NE QTR NW QTR SW QTR SEC 10 TWP 22N RGE 5E,KING COUNTY Additional Legal is on page Assessor's Property Tax Parcel/Account Number 102205-9011-05 and 102205-9143-06 Additional Parcel#s on page The Auditor/Recorder will rely on the information provided on this form, The staff will not read the documents to verify the accuracy or completeness of the indexing information provided herein Form 22U CCopynght 2009 Seller's Notice of OSS NOTICE OF ON-SITE SEWAGE SYSTEM Northwest Multiple Listing Service - Rev 1/09 ALL RIGHTS RESERVED Pages 2 of 3 OPERATION AND MAINTENANCE REQUIREMENTS Continued Assessor's Tax Parcel ID#: 102205-9011-05 and 102205-9143-06 1 I/We(pant) See Attached "Exhibit A" are the owners of real property within King County,which is legally described as follows See Attached "Exhibit B" 2. The above-described real property Is served by an on-site sewage system ("OSS"). 3 The Code of the King County Board of Health, Section 13 60 005 establishes certain responsibilities of the OSS owner with respect to the operation and maintenance of an On-site Sewage System, as follows A The OSS owner is responsible for the continuous proper operation and maintenance of the OSS, and shall 1 Determine the level of solids and scum in the septic tank at least once every three (3) years for residential system with no garbage grinder and once every year if a garbage grinder is installed and, unless otherwise provided in writing by the health officer, once every year for commercial systems 2 Employ an approved pumper to remove the septage from the tank when the level of solids and scum indicates that removal is necessary. 3 Cause preventive maintenance/system performance monitoring inspections to be conducted and any indicated service to be performed by an approved person at a minimum frequency in accordance with Table 13.60-1 unless otherwise established by the health officer or the sewage review committee Table 13 60-1 Minimum Frequency of Preventive Maintenance/Performance Monitoring Gravity Public Domain Proprietary Commercial and Non-Discharging System(4) Technology(2) Technology(3,5) Food Toilets(6) Establishments InitInspection 1al 6 months 6 months 45 days 45 days N/A Regular Annually or Inspection Every 3 years Annually Every 6 months Every 6 months Annually Frequency Who May Owner,Licensed Perform the Maintainer or Licensed Licensed Licensed Owner Inspection Licensed OSS Maintainer Maintainer Maintainer Pumper Table 13 60-1 Explanatory Notes (1) The mitiai inspection is to be performed at the time interval indicated following occupancy (2) Public domain technology includes such systems as mounds,intermittent sand filters and pressure distribution (3) Proprietary Technology includes such systems as ATUs, Glendon up-Flow filters, Advantex pack bed filters and subsurface drip (4) At least an annual septic tank maintenance check is required if the structure served is equipped with a garbage grinder waste disposal unit If a screened outlet baffle is present an annual check is recommended Pumpers shall report each pumping event to the health officer in accordance with BOH chapter 13 68 (5) Table 13 60-1 specifies the minimum required monitoring frequency A more stringent monitoring frequency shall be used if recommended by the manufacturer (6) This monitoring is in addition to that required for the OSS receiving the building's non-toilet liquid waste (KCBOH) Note about Monitoring Frequency: The above table reflects the King County BOH Title 13 code dated September 2008 The King County BOH Title 13 code is subject to change. Form 22U CCopyright 2009 Seller's Notice of OSS NOTICE OF ON-SITE SEWAGE SYSTEM Northwest Multiple Listing Service Rev 1/D9 ALL RIGHTS RESERVED Pages 3 of 3 OPERATION AND MAINTENANCE REQUIREMENTS Continued 4. Operate and maintain all OSS in accordance with this title, with pertinent alternative system guidelines issued by the DOH [State of Washington Department of Health] and with the approved OSS owner's operating and maintenance instruction manual 5. Protect the OSS area including the reserve area from a Cover by structures or impervious material, b Surface drainage, c Soil compaction, for example, by vehicular traffic or livestock, and d. Damage by soil removal and grade alteration 6. Maintain the flow of sewage to the OSS at or below the approved design both in quantity and waste strength 7 Direct drains, such as footing or roof drains away from the area where the OSS is located B. The owner shall not allow 1 Use or introduction of strong bases, strong acids or organic solvents into an OSS for the purpose of system cleaning, 2 Use of sewage system additives unless it is specifically approved by the DOH;or 3. Use of an OSS to dispose of waste components atypical of residential wastewater, for example, but not limited to,petroleum products, paints, solvents, or pesticides. 4 Note about Operation and Maintenance Program Fee Rules and Regulations 02-01, amendment to the Code of the King County Board of Health, states, "At the time of sale or transfer of property ownership, the buyer or transferee of a property served by an OSS shall forward to the health officer a fee as set forth in the fee schedule and submit a signed copy of the notice on title as set forth in Section 13 56 054A" This fee is $40 00 per the Rules and Regulations 02-01, effective June 17, c2002 ,1' KQ ' I,i T Q Seller Date yeller" Date STATE OF WASHINGTON ) )Ss COUNTY OF KING ) On this day of before me personally (month) (year) appeared and to me known to be the individual(s) described herein and who executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes herein stated. Given under my hand and official seal this day of (month) (year) Print Name, NOTARY PUBLIC in and for the State of Washington, Residing at: _ My Appointment Expires "Exhibit K' Grantor: Charlene H Nelson and Rose Mane Lehmann, as Co-Personal Representatives of the Estate of Charlotte E,Huse, deceased,and Charlene H Nelson and Rose Mane Lehmann,as Successor Co-Trustees of The Charles R Huse Testamentary Trust, as their interest may appear of record Tarlotte E. Huse, deceased; 722 A /'�� j By: Charlene H. Nelson, Co-Personal Representative � ,Am-�' By: Rose Mane Lehmann, Co-Personal Representative The Cha s . Huse Testamentary Trust By: Charlene H Nelson, Successor Co-Trustee 4 2'0�' xtzX t� By- Rose Mane Lehmann, Successor Co-Trustee "Exhibit B" Legal Description: PARCEL A THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 10,TOWNSHIP 22 NORTH, RANGE 5 EAST, W M,IN KING COUNTY, WASHINGTON. EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS BEGINNING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION, THENCE EAST ALONG THE SOUTH LINE THEREOF 40 RODS, THENCE NORTH 20 RODS, THENCE WEST 40 RODS, THENCE SOUTH 20 RODS TO THE POINT OF BEGINNING, AND EXCEPT THE WEST 460 FEET OF THE NORTH 610 FEET OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 10; AND EXCEPT THE NORTH 30 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSE BY DEED RECORDED UNDER RECORDING NUMBER 2948529, AND EXCEPT THE WEST 30 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED UNDER RECORDING NUMBER 141716, AND EXCEPT THAT PORTION DEFINED AS FOLLOWS BEGINNING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 10,TOWNSHIP 22 NORTH,RANGE 5 EAST,W M,IN KING COUNTY, WASHINGTON, THENCE SOUTH 1010'49"WEST A DISTANCE OF 30 FEET TO THE TRUE POINT OF BEGINNING, THENCE SOUTH 1010'49"WEST, 818 85 FEET; THENCE NORTH 1305014"WEST, 114 38 FEET; THENCE NORTH 2016'36" EAST, 119 91 FEET; THENCE NORTH 5003'27"WEST, 179 40 FEET, THENCE NORTH 5032'16"WEST,256 57 FEET, THENCE NORTH 8038'08"EAST, 155 90 FEET TO A POINT ON THE SOUTH RIGHT OF WAY MARGIN OF SOUTHEAST 216TH STREET, THENCE.ALONG SAID MARGIN SOUTH 89004'14"EAST, 25 00 FEET TO THE TRUE POINT OF BEGINNING TOGETHER WITH THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 10,TOWNSHIP 22 NORTH,RANGE 5 EAST,W.M,IN KING COUNTY, WASHINGTON, DEFINED AS FOLLOWS BEGINNING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 10,TOWNSHIP 22 NORTH,RANGE 5 EAST,W M,IN KING COUNTY, WASHINGTON, THENCE SOUTH 1010'49"WEST A DISTANCE OF 848 85 FEET TO THE TRUE POINT OF BEGINNING, THENCE SOUTH 1010'49"WEST,478.37 FEET; THENCE SOUTH 89004'32"EAST,45 00 FEET, THENCE NORTH 45051'35"EAST, 62 76 FEET, THENCE NORTH 1004526" WEST,264 27 FEET; THENCE NORTH 9057'42"WEST, 178 35 FEET TO THE TRUE POINT OF BEGINNING PARCEL B: WEST 460 FEET OF NORTH 610 FEET OF NORTHEAST QUARTER OF NORTHWEST QUARTER OF SOUTHWEST QUARTER OF SECTION 10,TOWNSHIP 22 NORTH,RANGE 5 EAST,W M, IN KING COUNTY,WASHINGTON,LESS COUNTRY ROAD Property Address: 13425 Southeast 216th Street Kent, WA 98042 Tax Account Number: 1 02205-901 1-05 and 102205-9143-06 STATE OF Washington ) )-ss COUNTY OF King ) I certify that I know or have satisfactory evidence that Charlene H Nelson and Rose Marie Lehmann, is/are the person(s) who appeared before me, and said person(s) acknowledged that he/she/they signed this instrument, on oath stated that he/she/they is/are authorized to execute the instrument and acknowledged it as the Successor Co-Trustees of The Charles R. Huse Testamentary Trust to be the free and voluntary act of such party(ies) for the uses and purposes mentioned In this instrument. Dated: —7 Z 0 1 U Notary Public in a for the State of Washington Residing at: My appointment expires: I 4 zs rO?A# `�i,'/' oil Ar �,h VA STATE OF Washington ) hhit,I0F IWAS" )-ss COUNTY OF King ) I certify that I know or have satisfactory evidence that Charlene H. Nelson and Rose Marie Lehmann, is/are the person(s) who appeared before me, and said person(s) acknowledged.tKk he/she/they signed this instrument, on oath stated that he/she/they is/are authorized to execute thte instrument and acknowledged it as the Co-Personal Representatives of The Estate of Charlotte E. Huse, deceased to be the free and voluntary act of such party(ies) for the uses and purposes mentioned In this instrument. U a' c_� Dated: ISO ( I U Notary Public In and for the State of Washington Residing at: ��/ .� pointment expires: 2dI) !'Z x _ �pTAlp� IINpN\���!' �� REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt PLEASE TYPE OR PRINT CHAPTER 82 45 RCW-CHAPTER 458-61 A WAC when stamped by cashier THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETED (See back of last page for instructions) Ej Check box ifparnal sale of property If multiple owners,list percentage of ownership next to name Name Charlene H. Nelson and Rose Marie Lehmann, Name City of Kent,a Washington Municipal Corporation as Co-Personal Representatives of the Estate a w a Mailing Address 31417 Southeast 216th Street z Mailing Address 220 4th Ave S. UClty/State/Zl Kent,WA 98042 m city/stite/Zip Kent WA 98032 Phone No (including area code) Phone No (including area code) Send all property tax correspondence to Same as Buyer/Grantee List all real and personal property tax parcel account List assessed value(s) numbers-check box if personal property Name City of Kent 102205-9011-05 40,766.00 Street c/o Customer Services 220 4th Ave S 102205-9143-06 343,000.00 City/State zip Kent,Wa 98032 Phone No (including area code) 5090 ® Street address of property 13425 Southeast 216th Street Kent WA 98042 This property is located in F1 unincorporated County OR within F—X] Crty of Kent Check box if any of the listed parcels are being segregated from a larger parcel Legal description of property(if more space is needed,you may attach a separate sheet to each page of the affidavit) See Attached "Exhibit A" ** of Charlotte E. Huse,deceased; and Charlene H. Nelson and Rose Marie Lehmann,as Successor Co-Trustees of The Charles R. Huse Testamentary Trust,as their interest may appear of record Select Land Use Code(s) List all personal property(tangible and intangible)included in selling 11 price enter any additional codes a (See back of last page of instructions) YES NO Is this property exempt from property tax per chapter a 84 36 RCW(non profit organization)? YES NO If claiming an exemption,list WAC number and reason for exemption Is this property designated as forest land per chapter 84 33 RCW° EXI Is this property classified as current use(open space,farm and MX D WAC No (Section/Subsection) _ agricultural,or timber)land per Chapter 84 34 RCW9/02Z05-40P ON® Reason for exemption Is this property receiving special valuation as historical propertyEl per Chapter 84 26 RCW? If any answers are yes,complete as instructed below (1)NOTICE OF CONTINUANCE(FOREST LAND OR CURRENT USE) Type of Document Statutory Warranty Deed NEW OWNERS) To continue the current designation as forest land or classification as current use(open space,farm and agriculture,or timber)land,you Date of Document must sign on (3) below The county assessor must then determine if the land transferred continues to qualify and will indicate by signing below If the land no Gross Selling Price $ _ 1,550,000.00 longer qualifies or you do not wish to continue the designation or classification,it *Personal Property(deduct) $ will be removed and the compensating or additional taxes will be due and payable Exemption Claimed(deduct) $ by the seller or transferor at the time of sale (RCW 8433140 or RCW 84 34 108) Prior to signing(3)below,you may contact your local county assessor Taxable Selling Price $ 1,550,000.00 for more info rmat on �i17Ui/L/u!/SCl�in�}a IQCW�y. ,�(�}�/p Excise Tax State $ 19,840.00 This land does © does not qualify for continuance Local $ 7,750.00 Q *Delinquent Interest State $ DEP ASS SSOR DATE Local $ (2)NO CE OF COMPLIANCE(HISTORIC PROPERTY) *Delinquent Penalty $ NEW OWNER(S) To continue special valuation as historic property,sign(3) Subtotal $ 27,590.00 below If the new owner(s)do not wish to continue,all additional tax calculated -- pursuant to chapter 84 26 RCW,shall be due and payable by the seller or transferor *State Technology Pee $ 5.00 at the time of sale *Affidavit Processing Fee $ (3)OWNER(S)SIGNATURE Total Due $ 27,595.00 PRINT NAME A MINIMUM OF$10.00 IS DUE IN FEE(S)AND/OR TAX *SEE INSTRUCTIONS "Exhibit ' Legal Description: PARCEL A THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 10,TOWNSHIP 22 NORTH, RANGE 5 EAST,W M,IN KING COUNTY, WASHINGTON, EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS- BEGINNING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE EAST ALONG THE SOUTH LINE THEREOF 40 RODS, THENCE NORTH 20 RODS, THENCE WEST 40 RODS, THENCE SOUTH 20 RODS TO THE POINT OF BEGINNING, AND EXCEPT THE WEST 460 FEET OF THE NORTH 610 FEET OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 10, AND EXCEPT THE NORTH 30 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSE BY DEED RECORDED UNDER RECORDING NUMBER 2948529, AND EXCEPT THE WEST 30 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED UNDER RECORDING NUMBER 141716, AND EXCEPT THAT PORTION DEFINED AS FOLLOWS BEGINNING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 10,TOWNSHIP 22 NORTH,RANGE 5 EAST,W M,IN KING COUNTY, WASHINGTON, THENCE SOUTH 1010'49"WEST A DISTANCE OF 30 FEET TO THE TRUE POINT OF BEGINNING, THENCE SOUTH 1010-49"WEST, 818 85 FEET, THENCE NORTH 13050'14"WEST, 114 38 FEET, THENCE NORTH 2016'36"EAST, 119.91 FEET, THENCE NORTH 5003'27"WEST, 179 40 FEET, THENCE NORTH 5032'16"WEST,256 57 FEET, THENCE NORTH 8038'08"EAST, 155.90 FEET TO A POINT ON THE SOUTH RIGHT OF WAY MARGIN OF SOUTHEAST 216TH STREET, THENCE ALONG SAID MARGIN SOUTH 89004'14"EAST, 25 00 FEET TO THE TRUE POINT OF BEGINNING TOGETHER WITH THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 10,TOWNSHIP 22 NORTH, RANGE 5 EAST,W.M., IN KING COUNTY,WASHINGTON, DEFINED AS FOLLOWS BEGINNING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 10,TOWNSHIP 22 NORTH,RANGE 5 EAST,W M,IN KING COUNTY, WASHINGTON, THENCE-SOUTH 1010'49"WEST-A-DIS-T-ANC--E-OF 848 85 FEET TO THE TRUE POINT OF BEGRaWG,-- - -- -- THENCE SOUTH 1010'49"WEST,478 37 FEET, 9 THENCE SOUTH 89004'32"EAST,45 00 FEET, THENCE NORTH 45051'35"EAST,62 76 FEET, THENCE NORTH 10045'26"WEST,264 27 FEET, THENCE NORTH 905742"WEST, 178 35 FEET TO THE TRUE POINT OF BEGINNING. PARCEL B WEST 460 FEET OF NORTH 610 FEET OF NORTHEAST QUARTER OF NORTHWEST QUARTER OF SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 22 NORTH, RANGE 5 EAST,W.M, IN KING COUNTY,WASHINGTON,LESS COUNTRY ROAD Property Address: 13425 Southeast 216th Street Kent,WA 98042 Tax Account Number: 102205-9011-05 and 102205-9143-06 WHEN RECORDED RETURN TO: City of Kent 220 Fourth Avenue South Kent, Washington 98032 ATTN: ENGINEERING/PROPERTY SERVICES ..................................................................................................................... Grantor: Charlene H. Nelson and Rose Marie Lehmann, as Co-Personal Representatives of the Estate of Charlotte E. Huse, deceased; and Charlene H. Nelson and Rose Marie Lehmann as Successor Co-Trustees of The Charles R. Huse Testamentary Trust, as their interest may appear of record. Grantee: City of Kent Abbreviated Legal Description: PTN NW QTR & NE QTR NW QTR SW QTR SEC 10 TWP 22N RGE 5E, KING COUNTY Additional Legal Description on Exhibit A of document. Assessor's Tax Parcel ID No. 102205-9011-05 and 102205-9143-06 Project Name: Document Date: STATUTORY WARRANTY DEED Charlene H. Nelson and Rose Marie Lehmann, as Co-Personal Representatives of the Estate of Charlotte E. Huse deceased, and Charlene H. Nelson and Rose Marie Lehmann as Successor Co-Trustees of The Charles R. Huse Testamentary Trust, as their interests may appear of record ("Grantor"), for and in consideration of mutual benefits derived and/or other valuable consideration receipt of which is hereby acknowledged by Grantor, conveys and warrants to the City of Kent, a Washington municipal corporation ("Grantee"), for any and all municipal purposes, as Grantee the following described real property situated in King County, State of Washington. See Exhibit "A" attached and incorporated herein. STATUTORY WARRANTY DEED - Page 1 of 7 Subject to the following encumbrances: See Exhibit "B" attached and incorporated herein. GRANTOR: The Estate of Charlotte E. Huse, deceas9d, and the Charles R. Huse Tes�7T7- ,./K it Charlene H. Nelson, Co-Personal Representa ive Date: 7 ?,� / U By: Rose Marie Lehmann, Co-Personal Represerta ve Date: By: Charlene H. Nelson, Successor Co- Trustee Date: Byf Rose Marie Lehmann, Successor Co-Trustee Date: '-)lzs'l P.\Civil\Files\Open Files\1469-HusePropertyAcquisitlon\StatutoryWarrantyDeed.docx STATUTORY WARRANTY DEED - Page 2 of 7 STATE OF WASHINGTON ) ss. COUNTY OF KIN�G ) On this !iDQ day of - 2010, before me a Notary Public in and for the State of Was ' ton, &rsonally appeared Charlene H. Nelson to me known to be the individual that executed the foregoing instrument, and acknowledged it to be her free and voluntary act for the uses and purposes mentioned in this instrument, and on oath stated that she was authorized to execute said instrument. -Notary Seal Must Appear Within Thu Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. �aaH�wNuk � s j e NOTARY PUBLIC, in and for State 4=x — &20-j% of Washington,residing atMy appointment expires 1 STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this -t� day of �ersonally , 2010, before me a Notary Public in and for the State of Was toppeared Rose Marie Lehmann to me known to be the individual that executed the foregoing instrument, and acknowledged it to be her free and voluntary act for the uses and purposes mentioned in this instrument, and on oath stated that she was authorized to execute said instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and��%faret,above written. t 3 a w NOTARY PUBLIC, in and for th tate O y tr�a fJaL ,,� �t�tt of Washingn,F W MY PP mtment expires residing at � / to STATUTORY WARRANTY DEED - Page 3 of 7 Exhibit A Page 1 of 2 PARCEL A: THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE EAST ALONG THE SOUTH LINE THEREOF 40 RODS; THENCE NORTH 20 RODS; THENCE WEST 40 RODS; THENCE SOUTH 20 RODS TO THE POINT OF BEGINNING; AND EXCEPT THE WEST 460 FEET OF THE NORTH 610 FEET OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 10; AND EXCEPT THE NORTH 30 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSE BY DEED RECORDED UNDER RECORDING NUMBER 2948529; AND EXCEPT THE WEST 30 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED UNDER RECORDING NUMBER 141716; AND EXCEPT THAT PORTION DEFINED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; THENCE SOUTH 1010'49" WEST A DISTANCE OF 30 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 1010'49" WEST, 818.85 FEET; THENCE NORTH 13050'14" WEST, 114.38 FEET; THENCE NORTH 2O16'36" EAST, 119.91 FEET; THENCE NORTH 5003'27" WEST, 179.40 FEET; THENCE NORTH 5032'16" WEST, 256.57 FEET; THENCE NORTH 8038'08" EAST, 155.90 FEET TO A POINT ON THE SOUTH RIGHT OF WAY MARGIN OF SOUTHEAST 216TH STREET; THENCE ALONG SAID MARGIN SOUTH 89004'14" EAST, 25.00 FEET TO THE TRUE POINT OF BEGINNING. TOGETHER WITH THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, DEFINED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; THENCE SOUTH 1010'49" WEST A DISTANCE OF 848.85 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 1010'49" WEST, 478.37 FEET, THENCE SOUTH 8900432" EAST, 45.00 FEET; THENCE NORTH 45051'35" EAST, 62.76 FEET; THENCE NORTH 10045'26" WEST, 264.27 FEET; THENCE NORTH 905742" WEST, 178.35 FEET TO THE TRUE POINT OF BEGINNING. STATUTORY WARRANTY DEED - Page 4 of 7 Exhibit A Page 2 of 2 PARCEL B: WEST 460 FEET OF NORTH 610 FEET OF NORTHEAST QUARTER OF NORTHWEST QUARTER OF SOUTHWEST QUARTER Of SECTION 10, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, LESS COUNTRY ROAD. STATUTORY WARRANTY DEED - Page 5 of 7 Yam. ��W.yi Exhibit B Page 1 of 2 The lands described herein have been classified as Open Space and are subject to the provisions of RCW 84.34 which include the requirement of a continuation of restricted use in order to continue the present assessment rate. A change in use can cause as increased assessment rate for present and past years. Any sale or transfer of all or a portion of said property requires execution of a notice of compliance form by the new owner and submission to the County Assessor 60 days before such sale. Notice Recorded: March 8, 1973 Recording Number: 7303080505 Affects: Parcel A Unrecorded leaseholds, if any; rights of vendors and holders of security interests on personal property installed upon said property and rights of tenants to remove trade fixtures at the expiration of the term. Right to enter said premises to make repairs and the right to cut brush and trees which constitute a menace or danger to the electric transmission line located in the street or road adjoining said premises as granted by instrument recorded under Recording Number 2915149. Easement and the terms and conditions therein, including, but not limited to, the following: Grantee: United States of America Purpose- Electric Power Transmission Imes and telephone and/or telegraph lines Area Affected. A strip of land 250 feet wide within the subject premises and other property Recorded: August 21, 1941 Recording No.: 3185780 Quit Claim Deed conveying all those certain ores and minerals of every kind and nature and all oils, gases, hydrocarbons and other mineral fluids of every kind and nature: Grantee: John Joseph Howell Dated: February 13, 1965 Recorded: February 15, 1965 Recording Number: 5843888 NOTE: No examination has been made to determine the present record owner of the above minerals, or mineral lands and appurtenant rights thereto, or to determine matters which may affect the lands or rights so conveyed. STATUTORY WARRANTY DEED - Page 6 of 7 Exhibit B Page 2 of 2 Easement and the terms and conditions therein, including, but not limited to, the following: Grantee: Puget Sound Power& Light Company, a Washington corporation Purpose: The right to construct, operate, maintain, repair, replace, and enlarge one or more electric transmission and/or distribution Imes Area Affected. A right-of-way 10 feet Recorded: May 2, 1975 Recording No.: 7505020454 Affects: Parcel B I STATUTORY WARRANTY DEED - Page 7 of