HomeMy WebLinkAboutCAG2002-0540 - Original - Vivienne Popke Geroy - Purchase of 23308 100th Ave SE - 04/15/2002 REAL ESTATE PURCHASE AND SALE AGREEMENT
WITH EARNEST MONEY PROVISION BETWEEN THE CITY OF KENT AND
VIVIENNE POPKE FOR PROPERTY LOCATED AT 23308 1001h AVENUE SE
This contract controls the terms of the sale of real property.
(Please read carefully before signing)
This Agreement is entered between the CITY OF KENT, a Washington municipal
corporation, whose mailing address is 220 4th Avenue South, Kent, Washington 98032-
5895, ('Buyer"), and Vivienne E. Geroy, who acquired title as Vivienne Popke ("Seller"),
whose mailing address is 23308 100`" Avenue SE, Kent, Washington 98031, for the sale
and purchase of real property as follows:
1. PROPERTY. The property which Buyer agrees to buy and Seller agrees to
sell, is commonly known to be 23308 1001h Avenue SE, Kent, Washington
(the "Property"), and which Property is legally described in Exhibit A,
attached hereto and incorporated herein by this reference. A map indicating
the location of the Property is also attached as Exhibit B, incorporated
herein by this reference.
2. EARNEST MONEY. Received from the Buyer, Eight Thousand Seven
Hundred Fifty Dollars and NO1100 ($8,750.00) as earnest money and part
payment on the purchase price of the following described real estate.
3. PURCHASE PRICE. The total purchase price for the Property is One
Hundred & Seventy-Five Thousand Dollars and NO/100 ($175,000 00),
including earnest money, payable on closing. All personal property must be
removed prior to closing
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4. CONTINGENCIES. This agreement is contingent upon:
(a) Acceptance of its terms by the Kent City Council.
(b) Buyers review and approval of the title report on the property prior to
Closing.
(c) A feasibility study as follows:
1) Buyer shall have ten (10) days from the date of mutual
acceptance of this Agreement to obtain bids on demolition of the
house and structures. Buyer shall escort all potential bidders on
the site
Should any of these contingencies set forth above not be met or removed prior to
closing, then this Agreement shall terminate except neither Buyer nor Seller shall
have any further rights, duties or obligations hereunder, except that the Earnest
Money held in Great American Escrow by Buyer to Seller shall be immediately
returned to Buyer.
5. CONVEYANCE AND CONDITION OF TITLE. The title to the Real Property
shall be conveyed by Seller to Buyer at closing by Statutory Warranty Deed,
free and clear of all liens, encumbrances or defects except those described
in Paragraph 6 below.
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6. TITLE INSURANCE. At Closing, Seller shall cause Pacific Northwest Title,
1201 Third Avenue, Suite 3800, Seattle, Washington 98101-3055, to issue
a standard form owner's policy of title insurance to Buyer in an amount equal
to the total purchase price of the Real Property, and insuring the Real
Property be discharged by Seller shall be paid from Seller's funds at Closing
For purposes of this Agreement, the following shall not be deemed
encumbrances or defects: rights reserved and federal patents or state deeds,
building or use restrictions consistent with current zoning, and utility and road
easements of record If title cannot be made so insurable prior to the
Closing date called for herein, unless, Buyer elects to waive such defects or
encumbrances, this agreement shall terminate
7. CLOSING COSTS AND PRO-RATIONS. The cost of escrow shall be paid
by Buyer, except those fees that are expressly limited by Federal Regulation.
Seller shall pay for all applicable excise tax and revenue stamps. Taxes for
the current year, rents, interest, if any, shall be pro-rated as of date of
closing
8. PUBLIC UTILITY CHARGES.
(a) All unpaid utility charges shall be paid by the Seller as of the date of
closing Seller shall provide proof of payment to Buyer prior to date of
closing
(b) All utility charges incurred by the Buyer following the date of closing
are paid by the Buyer
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9. CLOSING OF THE SALE. WITH THE UNDERSTANDING THAT TIME IS
OF THE ESSENCE FOR THIS AGREEMENT, this sale shall be closed by
May 1, 2002 which shall also be the termination date of this agreement
unless said closing date is extended in writing by mutual agreement of the
parties When notified, the Buyer and Seller will deposit, without delay, in
escrow with Pacific Northwest Title, 116 Washington Avenue North, Kent,
WA 98032-5717, all instruments and monies required to complete the
transaction in accordance with this agreement Closing, for the purpose of
this agreement, is defined as the date that all documents are executed and
the sale proceeds are available for disbursement to the Seller.
10. REAL ESTATE COMMISSION. Buyer has not consulted with, nor discovered
the parcel through the use of a realtor or other agent and there are no
finder's fees or commissions due upon this transaction
11. POSSESSION. Buyer shall be entitled to possession on closing
12. SELLER'S REPRESENTATIONS. Seller represents:
(a) that he/she will maintain the property and yard in present or better
condition until time of agreed possession,
(b) that he/she has no knowledge or notice from any governmental
agency of any violation of laws relating to the subject property
except
(c) that the property is not encumbered by any leases
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13. SELLER'S ENVIRONMENTAL REPRESENTATIONS. Seller represents that
to the best of his/her knowledge that he/she is not aware of existence of, or
has caused or allowed to be caused, any environmental condition arising or
occurring during Seller's ownership of the Property (including, without
limitation, a spill, discharge or contamination). This provision shall survive
the closing.
14. ABANDONMENT OF PERSONAL PROPERTY. Any personal property
located on the premises as of the closing date shall be deemed to have been
abandoned by the Seller, and shall be disposed of by the Buyer as
determined by the Buyer, and at the sole liability of the Buyer.
15. ACCEPTANCE OF PREMISES. The Buyer inspected the premises on
August 22, 2001 and agrees to accept the premises AS IS in its present
condition, on the terms noted herein. Buyer acknowledges that Seller is
making no representations or warranties, expressed or implied, about the
condition of the premises, and that the sale thereof will be strictly "AS IS".
SELLER EXPRESSLY DISCLAIMS ALL WARRANTIES AS TO THE
PREMISES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF
MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.
16. DOE AND HUD LEAD-BASED PAINT REGULATIONS.
(a) The parties acknowledge their understanding that federal regulations
require the Seller of any residential property which was built before 1978 to
disclose to the Buyer any information known about the existence of lead-
based paint in the dwelling, and to provide to the Buyer a federally approved
lead-based paint hazard pamphlet, of which the Buyer acknowledges receipt.
In addition, the regulations require that the Buyer may bring a qualified
inspector to search for lead-based paint in the dwelling.
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(b) The following is all the information as known to the Seller concerning
the existence of lead-based paint in the premises (insert "none' if
there is no such knowledge).
(c) The Buyer waives its right to inspect the premises for the existence of
lead-based paint, except as part of its inspection as set forth in Paragraph
16 of the Purchase and Sale Agreement.
18. DEFAULT AND ATTORNEY'S FEES.
(a) Buyer's Default. In the event the Buyer fails, without legal excuse, to
complete the purchase of the property, the earnest money deposit
made by the Buyer shall be forfeited to the Seller as the sole and
exclusive remedy available to the Seller for such failure
(b) Seller's Default. IF SELLER DEFAULTS HEREUNDER, BUYER
SHALL HAVE ALL THE RIGHTS AND REMEDIES AVAILABLE AT
LAW OR IN EQUITY.
(c) Attorneys Fees and Costs. In the event of litigation to enforce any
of the terms or provisions herein, each party shall pay all its own costs
and attorney's fees
19. NOTICE TO SELLER: THIS AGREEMENT HAS SIGNIFICANT LEGAL AND
FINANCIAL CONSEQUENCES AND YOU ARE ADVISED TO SEEK
INDEPENDENT LEGAL AND FINANCIAL COUNSEL REGARDING THESE
CONSEQUENCES. If you do not understand the effect of any part, consult
your Attorney before signing.
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20. NON-MERGER. The terms, conditions, and provisions of this Agreement
shall not be deemed merged into the deed, and shall survive the Closing and
continue in full force and effect.
21. NOTICES. All notices required or permitted to be given hereunder shall be
in writing and shall be sent U.S. certified mail, return receipt requested, or by
facsimile transmission addressed as set forth below:
(a) ` All notices to be given to Buyer shall be addressed as follows.
John Hodgson, Director
Parks, Recreation & Community Services
220 4th Avenue South
Kent, Washington 98032-5895
FAX (253) 856-6050
(b) All notices to be given to Seller shall be addressed as follows
Either party hereto may, by written notice to the other, designate such other address
for the giving of notices as being necessary. All notices shall be deemed given on
the day such notice is personally served, or on the date of the facsimile
transmission, or on the third day following the day such notice is mailed in
accordance with this paragraph.
22. ENTIRE AGREEMENT. This agreement, including all incorporated exhibits,
constitutes the full understanding between Seller and Buyer. There have
been no verbal or other agreements that modify this agreement
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23. BINDING EFFECT AND SURVIVAL. This Agreement shall be binding upon
parties hereto and their respective heirs, successors and assigns; and the
terms, conditions and provisions of this Agreement shall survive the closing
of this transaction.
24. DATE OF MUTUAL ACCEPTANCE. For the purposes of this Agreement,
the date of mutual acceptance of this Agreement shall be the last date on
which the parties to this Agreement have executed this Agreement as
indicated below.
25. EXPIRATION OF OFFER. Seller shall have only until 5.00 p.m on April 5,
2002 to accept the Purchase and Sale Agreement as written, by delivering
a signed copy thereof to the Buyeror the Buyer's agent. If Seller does not
so deliver a signed copy within said period, this Agreement shall lapse and
all right of the parties hereunder shall terminate.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date set forth below.
BUYER. THE CITY OF KENT SELLER: VIVIENNE E. GEROY
By: By: J�
IM WHIT VIVIENNE E. GERDY
Its: Mayor/ Its Owner
/
Dated Dated:
APPROVED AS TO FORM. ATTEST TO:
By. (LC✓ By:
TOM BRUBAKER BR NDA JACOBE
CITY ATTORNEY CITY CLERK
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EXHIBIT A
Legal Description
The "property" referred to in this Purchase and Sale Agreement is situated in the county
of King, State of Washington, and described as follows;
Parcel # 172205-9026-00 (23308100T" Avenue SE)
The north 135 feet of the west 330 feet of the south half of the northwest quarter
of the northwest quarter of the southwest quarter of Section 17, Township 22
North, Range 5 East, W.M., in King County, Washington;
EXCEPT portion thereof lying within 100t' Avenue Southeast.
NOTE FOR INFORMATIONAL PURPOSES ONLY;
The following may be used as an abbreviated legal description on the documents to be
recorded, per amended RCW 65.04. Said abbreviated legal description is not a
substitute for a complete legal description within the body of the document.
Ptn. NW SW, 17-22-05
EXHIBIT B
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PACIFIC NORTH IwEST TITLE COMPANY N
Order No. —1 � 297
UMPORTt ,NT: This is not a Plat of Survey It is furnished as a convenience to locate
the [and indicated hereon with. reference to streets and other land. No liability is
assumed by reason o:re-ance hereon.
Purchase and Sale of Geroy/Popke Property (23308100th Avenue SE)
Revised Schedule
March 26, 2002 Parks presents Purchase and Sale Agreement to Seller
April 5 Purchase and Sale Agreement must be signed by Seller
(5 00 p.m.)
April 5-16 Feasibility Period (10 days)—Demolition Bids
April 16 City Council Final Approval (fi needed)
May 1 Closing
Bids 03/25/02
Purchase & Sale Schedule Popke
KENT
V' SHINGTON
CITY OF KENT
PARKS, RECREATION & COMMUNITY SERVICES
LETTER OF TRANSMITTAL
TO Kent Correa DATE: March 25, 2002
1670 Sunset Boulevard NE PROJECT. 23308 100'h Avenue SE
Renton, WA 98056
[] Drawings/Plans [] Specifications [J Vendor Set Up Form
[XJ Contract [] Contract Modification [] Other
II'd i b t IlyG' tt t� i
y ut{ ii 9 „P' i'i i I' IF DWOptt �sf3 Att d i'f � hII '4ib��i�'i t t 1(ix
Three Sets Purchase & Sale Agreement—revised
These are transmitted for the following reason(s)
[ ] For approval & payment [I For your use [] As requested
[J For review and comment [X] For signature & return [] Other
REMARKS. These are the revised purchase & sale agreement documents. Please sign the
documents where indicated and return to the address below prior to April 5, 2002 when the
offer expires per page 8 of the agreement. If you have any questions, please call me at
(253) 856-5112
Thank you.
Lori Flemm
Parks Planning and Development
220 4th Avenue South
Kent, WA 98032
(253) 856-5110, (253) 856-6050 FAX