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Home My WebLink AboutCAG2022-132 - Original - Clarence & Heidi McElderry - Clark Springs Habitat Conservation Measures Project Acquisition of Property - 04/07/2022Original CAG2022-132 4/8/2022 4/08/2022 04/06/2022 8.N KENT W AS H IN 07 p N DATE: April 5, 2022 TO: Kent City Council SUBJECT: Clark Springs Habitat Conservation Measure - Purchase and Sale Agreement - Authorize MOTION: I move to authorize the Mayor to sign all documents necessary for the City to purchase property from Clarence and Heidi McElderry, in an amount not to exceed $985,000.00, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The City of Kent has been working to purchase property located at 26010 and 26007 SE 269th Street, in Ravensdale (the "Property"). The City contacted the owners in 2021 to see if they would like to sell the Property. At that time, they were not interested, but the owners approached the City in February to advise they were preparing to sell the Property and were inquiring if the City was still interested. The City will be acquiring the Property, which is made up of two parcels with a combined total of 97,575 square feet and has a single-family residence with frontage along Rock Creek, for the fair market value of $985,000, as established by the City's review appraiser. This property will be used for the protection and preservation of the Rock Creek Watershed. As agreed within the City of Kent's Clark Springs Water Supply System Habitat Conservation Plan, the City has committed substantial resources toward the protection, enhancement, and restoration of the Rock Creek Watershed, which supplies water to the Clark Springs Water Supply System. The goal of this project is to create, enhance and conserve valuable fish habitat in Rock Creek, while continuing the City's obligation to provide water to its customers. Acquiring this property will allow the City to set aside a portion of the property for the purpose of improving water quality and protecting salmon populations within Rock Creek just upstream of the City's main municipal water source. BUDGET IMPACT: $985,000 from the Clark Springs Habitat Conservations Measure project with funds already budgeted for this purpose. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Packet Pg. 135 REAL ESTATE PURCHASE AND SALE AGREEMENT WITH EARNEST MONEY PROVISION This Agreement is entered between the CITY OF KENT, a Washington municipal corporation ("Buyer"), whose mailing address is 220 4th Avenue South, Kent, Washington 98032-5895, and Clarence R. McElderry and Heidi A. McElderry, husband and wife ("Seller"), whose mailing address is 26010 SE 2691h St., Ravensdale, WA 98051, for the sale and purchase of real property as follows: 1. PROPERTY. The Property, which Buyer agrees to buy and Seller agrees to sell, is known as King County Tax Parcel Number 252206-9104, approximately 47,045 square feet in size, and King County Tax Parcel Number 252206-9068, approximately 50,530 square feet in size, located at 26010 and 26007 SE 269th St., Ravensdale, WA, respectively (the "Property"). The Property is legally described in Exhibit "A" and depicted in Exhibit "B". 2. EARNEST MONEY. Within 10 business days of mutual acceptance of this Agreement, Buyer shall deposit with Fidelity National Title Insurance Company (the "Escrow Agent"), the sum of One Hundred Fifty Thousand Dollars and NO/100ths ($150,000.00) in the form of a check or by wire transfer, as fully refundable earnest money ("Earnest Money") to be applied toward the purchase price of the Property. $125,000.00 of the Earnest Money shall be released to the Seller by the Escrow Agent or before April 25, 2022, to be applied toward the acquisition of the Seller's new property. If this agreement is terminated for any reason, the Earnest Money shall be returned to Seller in full within 5 business days of termination. 3. PURCHASE PRICE. The total purchase price for the Property is Nine Hundred Eighty -Five Thousand Dollars and NO/100ths ($985,000.00), which amount includes the Earnest Money, payable at Closing. 4. CONTINGENCIES. This Agreement is contingent upon: Buyer's InitialsDJL_ Seller's Initials T Seller's Initials-&4 Real Estate Purchase and Sale Agreement Page 1 of 9 a. The Buyer authorization set forth in Section 18 of this Agreement and the other contingencies provided for throughout this Agreement. b. No later than 10 business days after the date of mutual acceptance of this Agreement, Seller shall deliver to Buyer, in a manner consistent with Section 17, a completed Real Property Transfer Disclosure Statement ("Disclosure Statement") in the form attached as Exhibit "C". If Seller fails to deliver the Disclosure Statement by the required deadline, then unless Buyer waives this contingency in writing, the Agreement shall terminate and neither Buyer nor Seller shall have any further rights, duties or obligations hereunder, except that the Earnest Money in Escrow shall be immediately returned to Buyer. C. Within 5 business days of Buyer's receipt of the Disclosure Statement delivered in a timely manner from Seller, Buyer shall, in its sole and absolute discretion, either approve and accept the Disclosure Statement or rescind this Agreement by delivering to Seller a written rescission notice. If Buyer neither accepts nor delivers a written rescission notice, then Buyer will be deemed to have approved and accepted the Disclosure Statement, If Buyer delivers a written rescission notice, then this Agreement shall terminate and neither Buyer nor Seller shall have any further rights, duties or obligations under this Agreement, except that the Earnest Money in Escrow shall be immediately returned to Buyer. d. A feasibility study as follows: i. Buyer shall have 60 days from the date of mutual acceptance of this Agreement to determine, in Buyer's sole and absolute discretion, if the property is feasible for the purposes and uses intended ("Feasibility Period"). The Feasibility Period may be reduced if it is determined that a Phase II environmental assessment is unnecessary. However, if it is determined that a Phase II environmental assessment is necessary, the full 60-day Feasibility Period will be required and further extended as necessary. ii. Buyer's feasibility study may include (but is not limited to) a Phase I and a Phase II environmental assessment, to determine if the Property is feasible for the purposes and uses intended. Buyer's Initials_ Seller's Initials Seller's Initials Real Estate Purchase and Sale Agreement Page 2 of 9 iii. A Phase I environmental assessment generally will consist of a review of title of ownership and land use, review of geologic and hydrologic maps of the area, review of federal and state databases for known hazardous water generators or contaminated sites, and a site visit. If the Phase I review reveals the potential of a contaminated site, a Phase II environmental assessment may be conducted, which generally will consist of on -site sampling, including the digging or boring of test holes for soil samples. BY EXECUTING THIS AGREEMENT, SELLER HEREBY AUTHORIZES BUYER A RIGHT OF ENTRY ON TO THE PROPERTY FOR THE PURPOSE OF CONDUCTING THIS FEASIBILITY STUDY INCLUDING A PHASE I AND IF NECESSARY, A PHASE II ENVIRONMENTAL ASSESSMENT. SELLER WILL BE NOTIFIED IF A PHASE II ENVIRONMENTAL ASSESSMENT IS TO BE CONDUCTED. iv. Buyer agrees to conduct its feasibility study at its sole cost and expense; and if Buyer does not remove the feasibility contingency, then Buyer also agrees, if requested by Seller, to deliver to Seller copies of all information and documentation obtained by Buyer in connection with the feasibility study. If Buyer fails to notify Seller of its approval of the Property, in writing, on or before the expiration of the Feasibility Period, then this Agreement shall be terminated, and neither Buyer nor Seller shall have any further rights, duties or obligations hereunder, except that the Earnest Money in Escrow shall be immediately returned to Buyer. Following any environmental assessment, Buyer agrees to return the property to its original state (i.e., fill all boring holes, etc.). e. This Agreement is also contingent upon insurability of title as addressed in Section 6. Should any of the contingencies provided for throughout this Agreement not be met prior to Closing, then this Agreement shall terminate and neither Buyer nor Seller shall have any further rights, duties or obligations hereunder, except that the Earnest Money in Escrow shall be immediately returned to Buyer. S. CONVEYANCE AND CONDITION OF TITLE. The title to the Property shall be conveyed by Seller to Buyer at Closing by Warranty Deed, free and clear of all liens, encumbrances or defects except those described in Schedule B, paragraph(s) 1 through 10 of Fidelity National Title Insurance Company Order IL Ae Buyer's Init/a/sag^ Se//er's Initia/s Seller's Initials 4a Real Estate Purchase and Sale Agreement Page 3 of 9 Number 611310355, described in Exhibit "D", attached hereto and incorporated herein by this reference. All other special exceptions therein shall be removed from the Property on or before Closing. General exclusions and exceptions common to the area and not materially affecting the value of or unduly interfering with Buyer's reasonable use of the Property shall be permitted. All monetary encumbrances and special exceptions listed in Exhibit "D", other than those specifically noted above, shall be removed from the Property on or before Closing. 6. TITLE INSURANCE. At Closing, Buyer shall cause Fidelity National Title Insurance Company, who is also serving as Escrow Agent, to issue standard coverage owner's policy of title insurance to Buyer in an amount equal to the total purchase price of the Property. For purposes of this Agreement, the following shall not constitute encumbrances or defects: rights reserved in federal patents or state deeds, building or use restrictions consistent with current zoning and utility and road easements of record. If title cannot be made so insurable prior to Closing, unless Buyer elects to waive such defects or encumbrances, this Agreement shall terminate and the Earnest Money shall be immediately returned to Buyer. 7. CLOSING COSTS AND PRO -RATIONS. The Earnest Money, and Excise Tax, if applicable, shall be paid by Buyer, except for those fees which are expressly limited by federal regulations. Buyer shall pay all recording costs, title insurance premium, the costs of any survey, and the fees and expenses of its consultants. Taxes for the current year, rents, interest, water, sewer and other utility charges, if any, shall be paid by Seller, and prorated as of the day of Closing, unless otherwise agreed. S. CLOSING OF THE SALE. WITH THE UNDERSTANDING THAT TIME IS OF THE ESSENCE FOR THIS AGREEMENT, every reasonable effort will be made to close this sale by 5:00 PM on May 31, 2022. However, if completion of the environmental assessment is required under Section 4.d., the parties agree to extend the Closing date to allow for the completion of the environmental assessment. In addition to the Mayor, the Public Works Director for the City is also f r4 , Buyer's Initials DR Seller's In/t/a/s Seller's Initials Real Estate Purchase and Sale Agreement Page 4 of 9 authorized to extend Closing on behalf of the City. When notified, the Buyer and Seller will deposit, without delay, in escrow with Escrow Agent, all instruments and monies required to complete the transaction in accordance with this Agreement. Closing, for the purpose of this Agreement, is defined as the date that all documents are executed and the sale proceeds are available for disbursement to the Seller. 9. CASUALTY LOSS. If, prior to Closing, improvements on the Property are destroyed or materially damaged by fire or other casualty, this Agreement, at option of the Buyer, shall become null and void. 10. POSSESSION. Buyer shall be entitled to possession on Closing. 11. SELLER'S REPRESENTATIONS. Seller represents: a. that Seller will maintain the Property in present or better condition until time of agreed possession; b. that Seller has no knowledge of notice from any governmental agency of any violation of laws relating to the Property except: ; and C. that Seller is in possession of the Property and the Property is not subject to any lease or rental agreements. 12. SELLER'S ENVIRONMENTAL REPRESENTATIONS. Seller represents that, to the best of Seller's knowledge, Seller is not aware of the existence of, or has caused or allowed to be caused, any environmental condition (including, without limitation, a spill, discharge or contamination) that existed as of and/or prior to Closing or any act of omission occurring prior to Closing, the result of which may require remedial action pursuant to any federal, state or local law or may be the basis for the assertion of any third party claims, including claims of governmental entities. This provision shall survive Closing and be in addition to Seller's obligation for breach of a representation or warranty as may be set forth herein. Buyer's Initials DR Seller's Zhitialsio l_ Seller's Initial 4-(7- Real Estate Purchase and Sale Agreement Page 5 of 9 13. SELLER'S INDEMNITIES: Seller agrees to defend, indemnify, and hold harmless the Buyer, against and in respect of, any and all damages, claims, losses, liabilities, judgments, demands, fees, obligations, assessments, and expenses and costs, including, without limitation, reasonable legal, accounting, consulting, engineering and other expenses which may be imposed upon or incurred by Buyer, or asserted against Buyer, by any other party or parties (including, without limitation, a governmental entity), arising out of or in connection with any environmental condition existing as of and/or prior to Closing, including the exposure of any person to any such environmental condition, regardless of whether such environmental condition or exposure resulted from activities of Seller or Seller's predecessors in interest. This indemnity shall survive Closing and be in addition to Seller's obligation for breach of a representation or warranty as may be set forth herein. 14. DEFAULT AND ATTORNEY'S FEES. a. Buyer's Default. If Buyer defaults hereunder, Seller's sole remedy shall be limited to damages against Buyer in the liquidated amount of the Earnest Money previously paid by the Buyer. Buyer and Seller intend that this amount constitutes liquidated damages and so as to avoid other costs and expenses to either party in connection with potential litigation on account of Buyer's default. Buyer and Seller believe this amount to be a fair estimate of actual damages. b. Seller's Default. If Seller defaults hereunder, Buyer shall have all the rights and remedies available at law or in equity. C. Attorney's Fees and Costs. In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. 15. NOTICE TO SELLER. This form contains provisions for an agreement for the purchase and sale of real estate. Buyer makes no warranty or representation of any kind that this form, or any of its provisions, is intended to meet the factual and legal requirements of a particular transaction, or that it accurately reflects the laws of the State of Washington at the time Seller enters into the Agreement. THIS AGREEMENT HAS SIGNIFICANT LEGAL AND FINANCIAL CONSEQUENCES. SELLER IS Buyer's Initials_ Seller's ZniffalslA C Seller's Initials Real Estate Purchase and Sale Agreement Page 6 of 9 ADVISED TO SEEK INDEPENDENT LEGAL AND FINANCIAL COUNSEL REGARDING THESE CONSEQUENCES. 16. NON -MERGER. The terms, conditions, and provisions of this Agreement shall not be deemed merged into the deed, and shall survive the Closing and continue in full force and effect. 17. NOTICES. All notices required or permitted to be given hereunder shall be in writing and shall be sent U.S. certified mail, return receipt requested, or by facsimile transmission addressed as set forth below: (a) All notices to be given to Buyer shall be addressed as follows: City of Kent Attn: Cheryl Rolcik-Wilcox Property & Acquisition Analyst 220 Fourth Avenue South Kent, WA 98032 CRolcik-Wilcox@KentWA._gov Fax: 253-856-6500 And to: City of Kent Attn: City Clerk 220 Fourth Avenue South Kent, WA 98032 CityClerk@KentWA.gov Fax: 253-856-6725 (b) All notices to be given to Seller shall be addressed as follows: Clarence R. and Heidi A. McElderry 26010 SE 269th St. Ravensdale, WA 98051 (c) All notices to be given to Escrow Agent shall be addressed as follows: Fidelity National Title Insurance Company 3500 188th St. SW, Ste. 300 Lynnwood, WA 98037 Attn: Brenda McCoy/Bill Fisher/Paula Luxmore Email: Unit2@fnf.com a. Buyer's Initials I�R Seller's Initials-4 Seller's Initials. Real Estate Purchase and Sale Agreement Page 7 of 9 Phone: 425-771-3031 Either party may, by written notice to the other, designate another address for the giving of notices as necessary. All notices will be deemed given on the day such notice is personally served, or on the date of the facsimile transmission, or on the third day following the day such notice is mailed in accordance with this section. 18. CITY COUNCIL ACTION. Seller acknowledges that the closing of the transaction contemplated by this Agreement (the "Closing") is expressly conditioned on the City of Kent City Council's (the "City Council's") prior authorization to buy the Property under this Agreement ("Council Authorization"), which may or may not be granted in the City Council's sole discretion. The City of Kent shall not be liable or obligated for any burden or loss, financial or otherwise, incurred by Seller as a result of the City Council's modification of the final terms and conditions of this Agreement, or the City Council's failure to grant the Council Authorization. a. Seller's Waiver. Seller expressly waives any claim against the City of Kent and its elected officials, officers, employees, representative and agents for any burden, expense or loss which Seller incurs as a result of the City Council's failure to grant the Council Authorization. 19. ENTIRE AGREEMENT. This Agreement, including all incorporated exhibits, constitutes the full understanding between Seller and Buyer. There have been no oral or other agreements that modify this Agreement. 20. BINDING EFFECT AND SURVIVAL. This Agreement shall be binding upon parties hereto and their respective heirs, successors and assigns; and the terms, conditions and provisions of this Agreement shall survive the Closing of this transaction. 21. DATE OF MUTUAL ACCEPTANCE. For the purposes of this Agreement, the date of mutual acceptance shall be the last date on which the parties to this Agreement have executed this Agreement as indicated below. Buyer's Initials Seller's Initials AA -a - Seller's Initials Real Estate Purchase and Sale Agreement Page 8 of 9 22. EXPIRATION OF OFFER. Seller shall have only until 5:00 pm on March 21, 2022, to accept the Agreement as written, by delivering a signed copy thereof to the Buyer or Buyer's agent. If Seller does not so deliver a signed copy within this period, this Agreement shall lapse and all right of the parties hereunder shall terminate. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set forth below. BUYER: CITY OF KENT Name: Dana Ralph Title: Mayor Dated: 04/07/2022 SELLER: Name: Clarence R. McElderr Dated: 5 r BI Z Name: Heidi A. McElderry Dated: -- jT� Buyer's Initials_R_ Seller's InitialS I Seller's Initials Real Estate Purchase and Sale Agreement Page 9 of 9 EXHIBIT "A" Legal Description For APN1Parcel ID{s): 252206-9104-05 and 252206-9068-09 PARCEL A: LOT D OF KING COUNTY SHORT PLAT NO. 574019, RECORDED UNDER RECORDING NUMBER 7512230625, IN KING COUNTY, WASHINGTON; TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER AND ACROSS THE SOUTH 30 FEET OF NORTH QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 22 NORTH, RANGE 6 EAST, W.M., AND OVER THE NORTH 30 FEET OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 25; EXCEPT THE EAST 30 FEET THEREOF; TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER AND ACROSS THE WEST 30 FEET OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER, THE EAST 30 FEET OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER AND THE WEST 30 FEET OF THAT PORTION OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER LYING SOUTH OF THE KENT KANGLEY ROAD, ALL IN SECTION 25, TOWNSHIP 22 NORTH, RANGE 6 EAST, W.M. PARCEL B: LOT D OF SHORT PLAT NO. 574020, RECORDED OCTOBER 30,1975 UNDER RECORDING NO. 7510300475; BEING A PORTION OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 22 NORTH, RANGE 6 EAST, W.M., IN KING COUNTY WASHINGTON; TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES AS DELINEATED BY INSTRUMENTS UNDER RECORDING NOS. 7307030286 AND 7309270531; EXCEPT THAT PORTION WITHIN ABOVE PARCEL A. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. Subdivision Guarantee/Certificate Printed: 02.11.22 @ 09:56 AM Page 3 WA-FT-FTMA-01530.610051-SPS-1-22-611310335 � q � � /. � § , • U � S . . � g � ■ � k0 10 � 2 a � . � LU m m � � � � � - 20 . -----. \\\\� \[§;/ {)f)\ ) /\\/\\ �Emf/f \2f{ \ 0 — E -P f) co 2 SZSHxa EXHIBIT C 1, SELLER'S DISCLOSURES: *If you answer "Yes" to a question with an asterisk (*), please explain your answer and attach documents, if available and not otherwise publicly recorded. If necessary, use an attached sheet. 1. TITLE ICI [ I [ I Don't know A. Do you have legal authority to sell the property? If no, Yes No please explain. [ ] [X] [ ] Don't know *B. Is title to the property subject to any of the following? Yes No (1) First right of refusal (2) Option (3) Lease or rental agreement (4) Life estate? [ ] [X] [ ] Don't know *C. Are there any encroachments, boundary agreements, or Yes No boundary disputes? VJ [ ] [ I Don't know *D. Is there a private road or easement agreement for access to Yes No the property? Both 262nd SE and SE 269th St are Private Roads [ ] [X] [ I Don't know *E. Are there any rights -of -way, easements, or access limitations Yes No that may affect the Buyer's use of the property? [X] [ ] [ ] Don't know *F. Are there any written agreements for joint maintenance of an Yes No easement or right-of-way? There is a Road rnaint, agreement recorded w/King Co [ ] [A [ ] Don't know *G. Is there any study, survey project, or notice that would Yes No adversely affect the property? [ ] N [ ] Don't know *H. Are there any pending or existing assessments against the Yes No property? [ ] [X] [ ] Don't know *1. Are there any zoning violations, nonconforming uses, or any Yes No unusual restrictions on the property that would affect future construction or remodeling? [ ] [X] [ I Don't know *J. Is there a boundary survey for the property? Yes No [ I X] [ I Don't know *K. Are there any covenants, conditions, or restrictions recorded Yes No against the property? 2. WATER A. Household Water (1) The source of water for the property is: [X] Private or publicly owned water system [ I Private well serving only the subject property *[ ] Other water system [ I [ I [XI Don't know *If shared, are there any written agreements? Yes No [ ] [ I [XI Don't know *(2) Is there an easement (recorded or unrecorded) for access to Yes No and/or maintenance of the water source? [ ] [ ] r] Don't know *(3) Are there any problems or repairs needed? Yes No DATE: dA —SELLE Seller's Disclosure Stateme Improved Ver. Effective 3-10-20 EXHIBIT C INSTRUCTIONS TO THE SELLER Please complete the following form. Do not leave any spaces blank. if the question clearly does not apply to the property write "NA." If the answer is "yes" to any * items, please explain on attached sheets. Please refer to the line number(s) of the question(s) when you provide your explanation(s). For your protection you must date and sign each page of this disclosure statement and each attachment. Delivery of the disclosure statement must occur not later than five business days, unless otherwise agreed, after mutual acceptance of a written contract to purchase between a buyer and a seller. NOTICE TO THE BUYER THE FOLLOWING DISCLOSURES ARE MADE BY SELLER ABOUT THE CONDITION OF THE PROPERTY LOCATED AT 26010 and 26007 SE 2691 St,, Ravensdale, WA 98051 ("THE PROPERTY"), OR AS LEGALLY DESCRIBED ON ATTACHED EXHIBIT A. SELLER MAKES THE FOLLOWING DISCLOSURES OF EXISTING MATERIAL FACTS OR MATERIAL DEFECTS TO BUYER BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME SELLER COMPLETES THIS DISCLOSURE STATEMENT. UNLESS YOU AND SELLER OTHERWISE AGREE IN WRITING, YOU HAVE THREE BUSINESS DAYS FROM THE DAY SELLER OR SELLER'S AGENT DELIVERS THIS DISCLOSURE STATEMENT TO YOU TO RESCIND THE AGREEMENT BY DELIVERING A SEPARATELY SIGNED WRITTEN STATEMENT OF RESCISSION TO SELLER OR SELLER'S AGENT. IF THE SELLER DOES NOT GIVE YOU A COMPLETED DISCLOSURE STATEMENT, THEN YOU MAY WAIVE THE RIGHT TO RESCIND PRIOR TO OR AFTER THE TIME YOU ENTER INTO A SALE AGREEMENT. THE FOLLOWING ARE DISCLOSURES MADE BY SELLER AND ARE NOT THE REPRESENTATIONS OF ANY REAL ESTATE LICENSEE OR OTHER PARTY. THIS INFORMATION IS FOR DISCLOSURE ONLY AND IS NOT INTENDED TO BE A PART OF ANY WRITTEN AGREEMENT BETWEEN BUYER AND SELLER. FOR A MORE COMPREHENSIVE EXAMINATION OF THE SPECIFIC CONDITION OF THIS PROPERTY YOU ARE ADVISED TO OBTAIN AND PAY FOR THE SERVICES OF QUALIFIED EXPERTS TO INSPECT THE PROPERTY, WHICH MAY INCLUDE, WITHOUT LIMITATION, ARCHITECTS, ENGINEERS, LAND SURVEYORS, PLUMBERS, ELECTRICIANS, ROOFERS, BUILDING INSPECTORS, ON -SITE WASTEWATER TREATMENT INSPECTORS, OR STRUCTURAL PEST INSPECTORS. THE PROSPECTIVE BUYER AND SELLER MAY WISH TO OBTAIN PROFE55IONAL ADVICE OR IN5PECTION5 OF THE PROPERTY OR TO PROVIDE APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN THEM WITH RESPECT TO ANY ADVICE, INSPECTION, DEFECTS OR WARRANTIES. Seller is/ is not occupying the property. DATE: —SELLER: C SELLER: . , 6' Seller's Disclosure Statement - Page 1 of 9 Improved Ver. Effective 3-10-20 EXHIBIT C R1 [ ] [ ] Don't know (4) During your ownership, has the source provided an adequate Yes No year-round supply of potable water? if no, please explain. [ I [}(I [ I Don't know *(5) Are there any water treatment systems for the property? If Yes No yes, are they [ ]Leased [ ]Owned [ I DQ [ I Don't know *(6) Are there any water rights for the property associated with Yes No its domestic water supply, such as a water right permit, certificate, or claim? I Don't know (a) If yes, has the water right permit, certificate, or claim been Yes No assigned, transferred, or changed? *(b) If yes, has all or any portion of the water right not been used for five or more successive years? I Don't know *(i) Are there any defects in the operation of the water system Yes No (e.g. pipes, tank, pump, etc.)? B. Irrigation Water Don't know (1) Are there any irrigation water rights for the property, such as Yes No a water right permit, certificate, or claim? [ I [ I [ I Don't know *(a) If yes, has all or any portion of the water right not been Yes No used for five or more successive years? [ I [ ] [ I Don't know *(b) If so, is the certificate available? (if yes, please attach a Yes No copy.) [ I [ I [ ] Don't know *(c) If so, has the water right permit, certificate, or claim been Yes No assigned, transferred, or changed? [ I [ I [ I Don't know *(2) Does the property receive irrigation water from a ditch Yes No company, irrigation district, or other entity? If so, please identify the entity that supplies water to the property: C. Outdoor Sprinkler System [ ] [XI [ I Don't know (1) Is there an outdoor sprinkler system for the property? Yes No [ I [ I [ I Don't know *(2) If yes, are there any defects in the system? Yes No [ I [ I f I Don't know *(3) If yes, is the sprinkler system connected to irrigation water? Yes No 3. SEWER/ON-SITE SEWAGE SYSTEM A_ The property is served by- [ ] Public sewer system, [XI On -site sewage system (including pipes, tanks, drainfields, and all other component parts) [ ] Other disposal system, please describe: Don't know B. If public sewer system service is available to the property, is Yes No the house connected to the sewer main? If no, please explain. [ ] fXJ j I Don't know *C. Is the property subject to any sewage system fees or charges Yes No in addition to those covered in your regularly billed sewer or on - site sewage system maintenance service? D. If the property is connected to an on -site sewage system: VJ Don't know *(1) Was a permit issued for its construction, and was it Yes No approved by the local health department or district following its construction? DATE:' Lt32 _SELLER: PAW t i"LIA SELLER:��L/,%� Seller's Disclosure Statement - Page 3 of 9 Improved Ver. Effective 3-10-20 EXHIBIT C (2) When was it last pumped? Don't remember guess about 12 years ago [ ] M [ ] Don't know *(3) Are there any defects in the operation of the on -site sewage Yes No system? K] Don't know (4) When was it last inspected? Inspected when pumped By whom: Don't remember the name of the company [ Don't know (5) For how many bedrooms was the on -site sewage system approved? 3 bedrooms Assume 3 [X] [ ] [ ] Don't know E. Are all plumbing fixtures, including laundry drain, connected Yes No to the sewer/on-site sewage system? If no, please explain:... . [ ] Dd [ ] Don't know *F. Have there been any changes or repairs to the on -site Yes No sewage system? [A [ ] [ ] Don't know G. Is the on -site sewage system, including the drainfield, located Yes No entirely within the boundaries of the property? If no, please explain. [ ] PQ [ ] Don't know *H. Does the on -site sewage system require monitoring and Yes No maintenance services more frequently than once a year? NOTICE. IF THIS RESIDENTIAL REAL PROPERTY DISCLOSURE STATEMENT IS BEING COMPLETED FOR NEW CONSTRUCTION WHICH HAS NEVER BEEN OCCUPIED, THE SELLER IS NOT REQUIRED TO COMPLETE THE QUESTIONS LISTED IN ITEM 4. STRUCTURAL OR ITEM 5. SYSTEMS AND FIXTURES 4. STRUCTURAL [ ] N [ ] Don't know *A. Has the roof leaked within the last five years? Yes No [ ] [A [ ] Don't know *B. Has the basement flooded or leaked? Crawlspace to my knowledge no Yes No [x] [ ] Yes No I N Yes No [] [] Yes No [A [ ] Yes No [ ] [X] Yes No Yes No [ ] Don't know *C. Have there been any conversions, additions, or remodeling? [ ] Don't know *(1) If yes, were all building permits obtained? [ ] Don't know *(2) If yes, were all final inspections obtained? [ ] Don't know [ ] Don't know [ ] Don't know ❑ Foundations ❑ Chimneys D. Do you know the age of the house? If yes, year of original construction: From everything we can tell 1976, *E. Has there been any settling, slippage, or sliding of the property or its improvements? *F. Are there any defects with the following: (if yes, please check applicable items and explain.) R Decks Some cedar needs replaced❑ Exterior Walls ❑ Interior Walls ❑ Fire Alarm DATE: !J/1� SELLER: � SELLER: Seller's Disclosure Statement - Page 4 of 9 Improved Ver. Effective 3-10-20 EXHIBIT C ❑ Doors KI Windows 4 window seats failed 3 with cracks ❑ Ceilings ❑ Slab Floors ❑ Sidewalks ❑ Garage Floors ❑ Other ❑ Hot Tub ❑ Outbuildings ❑ Walkways ❑ Woodstoves ❑ Patio ❑ Driveways ❑ Sauna ❑ Fireplaces ❑ Siding ❑ Elevators ❑ Incline Elevators ❑ Stairway Chair Lifts ❑ Wheelchair Lifts f ] lX] [ ] Don't know *G. Was a structural pest or "whole house" inspection done? If Yes No yes, when and by whom was the inspection completed? .... [ ] DC] [ ] Don't know H. During your ownership, has the property had any wood Yes No destroying organism or pest infestation? [x] [ ] [ ] Don't know 1. Is the attic insulated? Needs additional insulation Yes No D<] [ ] [ ] Don't know J. Is the basement insulated? Poorly insulated if at all Yes No 5. SYSTEMS AND FIXTURES *A. If any of the following systems or fixtures are included with the transfer, are there any defects? If yes, please explain. [ ] [XI [ ] Don't know Electrical system, including wiring, switches, outlets, and service Yes No [ ] DC] Yes No [ ] LA Yes No [ ] DC] Yes No [ ] DQ Yes No [] I Yes No [ ] KI Yes No [ ] [A Yes No [ ] Don't know Plumbing system, including pipes, faucets, fixtures, and toilets Some plumbing not completed master bath [ ] Don't know Hot water tank [ ] Don't know Garbage disposal [ ] Don't know Appliances 01cler but work [ ] Don't know Sump pump N/A [ ] Don't know Heating and cooling systems [ ] Don't know [ ] [A [ ] Don't know Yes No Security system [A Owned [ ] Leased Other.... *13. If any of the following fixtures or property is included with the transfer, are they leased? (if yes, please attach copy of lease.) Security system ......Xfinity DATE: a -SELLER: SELLER: Seller's Disclosure Statement - Page 5 of 9 Improved Ver. Effective 3-10-20 EXHIBIT C [ l N [ l Don't know Tanks (type):..... . Yes No [ ] [Xj [ ] Don't know Satellite dish ...... Yes No Other:...... *C. Are any of the following kinds of wood burning appliances present at the property? ] Don't know (1) Woodstove? Masonry woodstove backup in living room with chimney Yes No No woodstove [ ] [Xl [ l Don't know (2) Fireplace insert? Yes No [Xl [ ] [ ] Don't know (3) Pellet stove? Yes No [ ] DQ [ ] Don't know (4) Fireplace? Yes No Dq [ ] [ ] Don't know Yes No IN [ l [ l Don't know Yes No [ l [>9 I l Don't know Yes No DI [ l [ l Don't know Yes No If yes, are all of the (1) woodstoves or (2) fireplace inserts Pellet Stove certified by the U.S. Environmental Protection Agency as clean burning appliances to improve air quality and public health? D. Is the property located within a city, county, or district or within a department of natural resources fire protection zone that provides fire protection services? E. Is the property equipped with carbon monoxide alarms? (Note: Pursuant to RCW , seller must equip the residence with carbon monoxide alarms as required by the state building code.) Exempt under this RCW F. Is the property equipped with smoke detection devices? (Note: Pursuant to RCW , if the property is not equipped with at least one smoke detection device, at least one must be provided by the seller.) 5. HOMEOWNERS' ASSOCIATION/COMMON INTERESTS [A Don't know A. Is there a Homeowners' Association? Name of Association and Yes No contact information for an officer, director, employee, or other Very casual if you call it one. authorized agent, if any, who may provide the association's No formal meetings sense we financial statements, minutes, bylaws, fining policy, and other have lived here. information that is not publicly available: PQ I I [ ] Don't Know 8. Ave there regular periodic assessments: Yes NO $ per M Month [ Year [ ]Other [ ] [X] [ ] Don't know *C. Are there any pending special assessments? Yes No [ l DQ [ ] Don't know *D. Are there any shared "common areas" or any joint Yes No maintenance agreements (facilities such as walls, fences, landscaping, pools, tennis courts, walkways, or other areas co - owned in undivided interest with others)? 7. ENVIRONMENTAL [ ] N [ ] Don't know *A. Have there been any flooding, standing water, or drainage Yes No problems on the property that affect the property or access to the property? DATE:1baza. SELLER:SELLER: Seller's Disclosure Statement - Page 6 of 9 Improved Ver. Effective 3-10-20 EXHIBIT C [ l P9 [ l Don't know *13. Does any part of the property contain fill dirt, waste, or other Yes No fill material? [ ] DQ [ ] Don't know *C. Is there any material damage to the property from fire, wind, Yes No floods, beach movements, earthquake, expansive soils, or landslides? [A [ l [ ] Don't know D. Are there any shorelines, wetlands, floodplains, or critical Yes No areas on the property? Hock Creek runs through NW corner of lot [ ] N [ ] Don't know *E. Are there any substances, materials, or products in or on the Yes No property that may be environmental concerns, such as asbestos, formaldehyde, radon gas, lead -based paint, fuel or chemical storage tanks, or contaminated soil or water? [ ] pC] [ ] Don't know *F. Has the property been used for commercial or industrial Yes No purposes? [I Pq [ l Don't know *C. Is there any soil or groundwater contamination? Yes No [ ] [A [ ] Don't know *H. Are there transmission poles or other electrical utility Yes No equipment installed, maintained, or buried on the property that do not provide utility service to the structures on the property? [I DO [ l Don't know *I. Has the property been used as a legal or illegal dumping site? Yes No [I [M i l Don't know *J. Has the property been used as an illegal drug manufacturing Yes No site? [I [A [ ] Don't know *K. Are there any radio towers in the area that cause Yes No interference with cellular telephone reception? 8. MANUFACTURED AND MOBILE HOMES N/: If the property includes a manufactured or mobile home, { ] { ] { ] Don't know *A. Did you make any alterations to the home? If yes, please Yes No describe the alterations:......... . [ ] [ ] [ ] Don't know *B. Did any previous owner make any alterations to the home? Yes No [ l [ ] [ l Don't know *C. If alterations were made, were permits or variances for these Yes No alterations obtained? 9. FULL DISCLOSURE BY SELLERS A. Other conditions or defects: [ ] [X] [ ] Don't know *Are there any other existing material defects affecting the Yes No property that a prospective buyer should know about? B. Verification: The foregoing answers and attached explanations (if any) are complete and correct to the best of my/our knowledge and I/we have received a copy hereof. Vwe authorize all of my/our real estate licensees, if any, to deliver a copy of this disclosure statement to other real estate licensees and all prospective buyers of the property. DATI= Sfl_E� SELLER i`� DATE:_SELLER: ' s W LLER: Seller's Disclosure Statement - Page 7 of 9 improved Ver. Effective 3-10-20 EXHIBIT C NOTICE TO THE BUYER INFORMATION REGARDING REGISTERED SEX OFFENDERS MAY BE OBTAINED FROM LOCAL LAW ENFORCEMENT AGENCIES. THIS NOTICE IS INTENDED ONLY TO INFORM YOU OF WHERE TO OBTAIN THIS INFORMATION AND IS NOT AN INDICATION OF THE PRESENCE OF REGISTERED SEX OFFENDERS. If. BUYER'S ACKNOWLEDGMENT A. Buyer hereby acknowledges that: Buyer has a duty to pay diligent attention to any material defects that are known to Buyer or can be known to Buyer by utilizing diligent attention and observation. B. The disclosures set forth in this statement and in any amendments to this statement are made only by the Seller and not by any real estate licensee or other party. C. Buyer acknowledges that, pursuant to RCW 64.06.050(2), real estate licensees are not liable for inaccurate information provided by Seller, except to the extent that real estate licensees know of such inaccurate information. D. This information is for disclosure only and is not intended to be a part of the written agreement between the Buyer and Seller. E. Buyer (which term includes all persons signing the "Buyer's acceptance" portion of this disclosure statement below) has received a copy of this Disclosure Statement (including attachments, if any) bearing Seller's signature. DISCLOSURES CONTAINED IN THIS DISCLOSURE STATEMENT ARE PROVIDED BY SELLER BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME SELLER COMPLETES THIS DISCLOSURE STATEMENT. UNLESS BUYER AND SELLER OTHERWISE AGREE IN WRITING, BUYER SHALL HAVE THREE BUSINESS DAYS FROM THE DAY SELLER OR SELLER'S AGENT DELIVERS THIS DISCLOSURE STATEMENT TO RESCIND THE AGREEMENT BY DELIVERING A SEPARATELY SIGNED WRITTEN STATEMENT OF RESCISSION TO SELLER OR SELLER'S AGENT. YOU MAY WAIVE THE RIGHT TO RESCIND PRIOR TO OR AFTER THE TIME YOU ENTER INTO A SALE AGREEMENT. BUYER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS DISCLOSURE STATEMENT AND ACKNOWLEDGES THAT THE DISCLOSURES MADE HEREIN ARE THOSE OF THE SELLER ONLY, AND NOT OF ANY REAL ESTATE LICENSEE OR OTHER PARTY. DATE:04/07/2022 BUYER ;_�� BUYER: BUYER'S WAIVER OF RIGHT TO RECEIVE COMPLETED SELLER DISCLOSURE STATEMENT Buyer has been advised of Buyer's right to receive a completed Seller Disclosure Statement. Buyer waives that right. However, if the answer to any of the questions in the section entitled "Environmental" would be "yes," Buyer may not waive the receipt of the "Environmental" section of the Seller Disclosure Statement. din DATE:-C,'hjboa SELLER: Seller's Disclosure Statement - Page 8 of 9 Improved Ver. Effective 3-10-20 EXHIBIT C "-�DATE: 04/08/2022 BUYER: -aeLo- BUYER: 1. Title *D: Both 262nd SE and SE 269th St are private roads. *F: Supposed to be a road maintenance agreement Recorded with King County 3. SEWER/ON-SITE SEWER SYSTEM (2) Do not remember when septic was pumped but a guess would be about 12 or so years ago (4) Inspected when pumped no defects reported Do not remember the company but local to The Maple Valley /Ravensdale area. (5) We have no idea how many bedrooms (assume 3 being that was how many are in the home) or even if the septic system was designed and approved. 4. STRUCTURAL *B: No basement, crawlspace no water issues to our knowledge D. Date in the electrical panel is 1974 *F: Decks- Some cedar near ready for replacement Windows- 4 windows seals failed, 2 with cracks 1 in the garage looks as though a rock hit it. 1. Attic has original 1974 insulation J. Pourly insulated, back addition not insulated approximately 330 sq ft. 5. SYSTEMS AND FIXTURES *A Plumbing in Master Bath not completed. Appliances older but all work Security system.... Xfinity Carbon monoxide alarms the way I read this RCW it excludes owner -occupied single-family residences legally occupied before July 26, 2009. 6. HOMEOWNERS' ASSOCIATION/COMMON INTERESTS: No formal homeowners association exists to our knowledge. It is a informal agreement among most in the Bridal trails community. 7. ENVIRONMENTAL D. Rock Creek runs through the NW corner of the property DATE: S ,/' SELLER: {` n SELLER: Seller's Disclosure Statement -Page 9 of 9 improved Ver. Effective 3-10-20 EXHIBIT D FIDELITY NATIONAL TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 611310335 SCHEDULE B SPECIAL EXCEPTIONS: Reservations and exceptions contained in the deed Grantor: Northern Pacific Railroad Company Recording No.: 331646 Reserving and excepting from said Lands so much or such portions thereof as are or may be mineral lands or contain coal or iron, and also the use and the right and title to the use of such surface ground as may be necessary for ground operations and the right of access to such reserved and excepted mineral lands, including lands containing coal or iron, for the purpose of exploring, developing and working the land. The Company makes no representations about the present ownership of these reserved and excepted interests. 2. Covenants, conditions, restrictions, recitals, reservations, easements, easement provisions, encroachments, dedications, building setback lines, notes, statements, and other matters, if any, but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth on Short Plat No. 574019: Recording No: 7512230625 Affects: Parcel A Agreement, and the terms and conditions thereof: Recording Date:July 27, 2015 Recording No.: 20150727000580 Affects: Parcel A 4. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Purpose: Road and utilities Recording Date: July 3, 1973 Recording No.: 7307030286 Affects: Portion of said premises Subdivision Guarantee/Certificate Printed: 02.11.22 @ 09:56 AM Page 4 WA-FT-FTMA-01530.610051-SPS-1-22-611310335 FIDELITY NATIONAL TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 611310335 SCHEDULE B (continued) 5. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Purpose: Road and utilities Recording Date: September 27, 1973 Recording No.: 7309270531 Affects: Portion of said premises 6. Agreement, and the terms and conditions thereof: Recording Date: November 12, 1974 Recording No.: 7411120470 Affects: Parcel B Covenants, conditions, restrictions, recitals, reservations, easements, easement provisions, encroachments, dedications, building setback lines, notes, statements, and other matters, if any, but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth on Short Plat: Recording No: 7510300475 Affects: Parcel A Agreement, and the terms and conditions thereof: Recording Date: March 30, 1976 Recording No.: 7603300168 Grant of Right for Domestic Water and the terms and conditions thereof: Recording Date: June 26, 1978 Recording No.: 7806260129 Affects: Parcel B 10. Agreement, and the terms and conditions thereof:. Recording Date: August 5, 1987 Recording No.: 8708050241 Subdivision Guarantee/Certificate Printed: 02.1122 @ 09:56 AM Page 5 WA-FT-FTMA-01530.610051-SPS-1-22-611310335