HomeMy WebLinkAboutCAG2022-327 - Original - Susan Ruth, Personal Rep of the Estate of William E. Ruth - Ruth Property Acquisition - 08/08/2022rr-,N LI I T tJT AEIT I UFFI\IAL L')E I'IILI
Agreement Routing Form
For Approvals, Signaturcs and Rccords Management
Thls form combines & replaces the Request for Mayo/s Signature and Contract Cover
sheet fotms. (Prlnt on pink or cherry colored paper)
Sup/Mgr: '{ {
Dir Asst: 4-
Dir/Dep: / t-
KENT (Optional)
lvlrHrN6ToN
E
ol-o.o.
Originator:
Lynn Osborn
Department:
:Parks, Recreation & Community Services
Date Sent:
oB/03/2022
Date Required:
Earliest opportunity Please
Authorized to Sign:
[7lM.yoror Designee
Date of Counci I Approval:
oB/02/2022
Budqet Account Number:
P270t2
Budget? @ves[r.ro
Grant?ruoE
Type: l\/fi
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Po
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+,tro
EooL
C'r
Vendor Name:
Susan Ruth, Personal Rep. of the Estate of William E. Ruth
Category:
ffiraeF ?ur"hn'-,/s az'e
Vendor Number:5ub-Category:
Original
Project Name: qs1fi Property Acquisition
ProjectDetails: purchase and Sale Agreement for the Ruth property at Clark Lake, located at
I241.O SE 248th Street and consisting of King county tax parcels
2t2205-9097, -9098, and -9037
Agreement Amount: $7, 200,000. 00
start Date: 0810212022
Basisfor Selection of Contractor: Othef
' Memo to Moyor must be attached
TerminationDate: 0813112022
Local Businessf Mves lf meets rcquircmengper KCC j.7L.lOQ please completellendorPurchase-Local Exceptions'form on Ci$space'
Business License Verifi cationl Yesll ln-Proc"rrM E*".pt (KCC s.ol .04s)
Notice
nv"t
required prior to disclosure?
E*o
Contract Number:
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UIaLfPoultrEglF
a33E
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Comments:
$100,000 Earnest Money due by 5:00 PM on 0B/31/2022
Cakvlt'
Date Receiyed: city Attorn eyt 813122 Date Routed: Mayor's Office
t'
City Clerk's Office Q ' )+- I ii1J
adccw2237l-1-2O Visit Documents.KentwA.govto obtain coples of all agreements rev.20210513
KENT
WASHINGTON
DATE:
TO:
SUBIECT:
August 2,2022
Kent City Council
Purchase and Sale Agreement for Ruth Propefty at Glark
Lake - Authorize
MOTION: I move to authorize the Mayor to take all action necessary and
sign all documents to purchase the Ruth propefty, located at 1241O SE
Z+Ath Street, Kent, Washington 98O3O, for $7.2OO$OO' plus closing costs'
and subject to final purchase terms and conditions acceptable to the Parks
Director and Atto
SUMMARY: The Ruth Property is approximately 17.31 acres in size and is located
at L24LO SE 248th St, Kent, WA, it is made up of 3 tax parcels, 2L22O5-9O97, '
9098 and -9037.
This acquisition will allow the city to complete the assemblage of all the properties
around
'Clart< Lake that make up Clark Lake Park. Acquisition of this propefty has
been a long-term goal in city planning documents going back decades. Parks staff
have already applied for or are planning to apply for grants to pay for up to
$6,000,000 of the acquisition cost.
To meet the timing requirements negotiated by the parties in the purchase and sale
agreement, this agreement has proceeded directly from the August 2, 2022
Operations and Public Safety Committee meeting'
BUDGET IMPACT: Increase Park Land Acquisition Budget for anticipated grant
revenues of $6,000,000 and expenditures of $6,000,000 for land.
SUPPORTS STRATEGIC PLAN GOAL:
Evolvino Infrastructure - Connecting people and places through strategic investments in physical
a n d tech n o I og ica I i n fra structu re.
Thrivino GiW - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Inclusive Communiw - Embracing our diversity and advancing equity through genuine community
engagement.
ATTACHMENTS:
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 Susan Ruth. as Personal Reoresentative of the
Estate of William E. Ruth ("Seller"), whose mailing address is 12410 SE 248th Street.
Kent- Washinoton 98030 for the sale and purchase of real property as follows:
1. PROPERTY. The Propefty, which Buyer agrees to buy and Seller agrees
to sell, is known as King County Tax Parcel Numbers 2L2205-9097, '9098. and-9037 '
totaling approximately 17.31 acres in size and located at 12410 SE 248th Street, Kent,
WA (the "Property"). The Property also includes all improvements and fixtures located
on the property, except as described in Section 26. The Property is legally described
in Exhibit "A" and depicted in Exhibit "8", both of which are attached and
incorporated.
Z. EARNEST MONEY. On or before 5:00 PM on August 31, 2022, Buyer
shall deposit with Rainier Title Insurance Company (the "Escrow Agent"), the sum of
One Hundred Thousand Dollars and NO/100ths ($100,000,00) in the form of a check,
as nonrefundable earnest money ("Earnest Money") to be applied toward the
purchase price of the Property payable at Closing. Because the Earnest Money is
nonrefundable, the Parties agree the Escrow Agent is authorized to disburse the
Earnest Money to the Seller in advance of Closing to assist with the Seller's moving
expenses.
3. PURCHASE PRICE. The total purchase price for the Property is
$7,200,O00, with $2,160,000 of that purchase price allocated to tax parcel 9097, and
the remaining 95,040,000 allocated to tax parcels 9098 and 9037, which amount
includes the Earnest Money, payable at Closing.
4. CONTINGENCIES. This Agreement is contingent upon:
Buyer's rrirorcW seiler's
Real Estate Purchase and Sale Agreement
'7-eq"ru
Page 1 of 26
a. The Buyer authorization set forth in Section 19 of this Agreement
and the other contingencies provided for throughout this Agreement.
b. Seller has delivered to Buyer a completed Real Property Transfer
D isclosure Statement ("Disclosu re Statement")'
c. Within 3 business days of Buyer's receipt of the Disclosure
Statement, 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
hereunder.
d. A feasibilitY studY as follows:
i. Buyer shall have until August 3L, 2022, to determine, in
Buyer's sole and absolute discretion, if the property is feasible for the purposes and
uses intended ("Feasibility Period").
ii. Buyer's feasibility study may include (but is not limited to)
a Phase I environmental assessment, but not a Phase II environmental assessment,
to determine if the Property is feasible for the purposes and uses intended.
iii. A Phase I environmental assessment generally will consist
of a review of title of ownership and land use, review of geologic and hydrologic maps
of the area, review of federal and state databases for known hazardous water
generators or contaminated sites, and a site visit. 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,
ENVI RON MENTAL ASS ESSM ENT.
Buyer's nitirrc@-Seller's
Real Estate Purchase and Sale Agreement
1-7922
Page 2 of 26
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 as specified herein. Following any environmental assessment, Buyer agrees
to return the propertyto its original state (i.e. fill all boring holes, etc.).
e. This Agreement is also contingent upon insurability of title as
addressed in paragraPh 6 below.
Should any of the contingencies provided for above or 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 as specified herein.
5. INSPECTION OF THE PROPERTY. Buyer and its employees and
agents shall have the right and permission from the date of this Agreement through
the Closing Date to enter upon the Property at reasonable times and from time to
time, with at least two (2) business days prior notice to Seller for the purpose, at
Buyer's cost and expense to conduct the feasibility study and any environmental
assessments. The inspections shall not include the interior of the home.
The right granted to Buyer to conduct the inspections is subject to compliance
with all applicable laws, and accompanied by representatives of Seller. Any invasive
testing shall be subject to Seller's prior written approval of a testing plan. No physical
alteration of the Property is permitted, but if any physical alteration and/or damage
to the Propefty occurs, any physical alteration of, and/or damage to, the Property in
connection with Buyer's study shall be restored by Buyer immediately upon demand
by Seller, at Buyer's sole expense. Buyer shall indemnify Seller against any third-
Buyer's rnitiagD.Seller's
Real Estate Purchase and Sale Agreement
-7-Zq.7L
Page 3 of 25
pafty claims for loss, damage or claim resulting from Buyer's inspections and tests,
except any arising from the discovery of preexisting conditions (so long as Buyer
does not exacerbate any such condition). Buyer shall not act as Seller's agent in
connection with such activities and has no authority to allow any liens to encumber
the Property. Buyer shall not allow any liens to encumber the Property arising out of
such activities, and shall indemnify and hold Seller and Seller's propefty management
company harmless from and against any third-pafty claims for liens, costs, expenses
(including attorney fees), claims, liabilities, and obligations arising in any way out of
such activities by Buyer, as well as Buyer's employees and agents. Notwithstanding
anything to the contrary contained in this Agreement or in any addenda, amendments
or modifications to this Agreement, Buyer's obligations under this Section shall
survive the termination of this Agreement and/or Closing, and shall remain in full
force and effect without time limitation until all of such obligations have been fully
performed by Buyer, and all amounts to be paid by Buyer have been paid'
6. CONVEYANCE AND CONDITION OF TITLE. The title to the Propefty
shall be conveyed by Seller to Buyer at Closing by Bargain and Sale Deed, free and
clear of all liens, encumbrances or defects, other than (a) 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, and (b) with respect to tax
parcel number gog7, Exceptions Nos. L2 and 13 in Rainier Title Commitment File
Number 805377RT, dated March L5,2022, and (c) with respect to tax parcel number
9098, Exceptions Nos. 12 and 13 in Rainier Title Commitment File Number 805379RT,
dated March L5, 2022, and (d) with respect to tax parcel number 9037, Exceptions
Nos. 12 and 13 in RainierTitle Commitment File Number B053B0RT, dated March 15,
2022. All monetary encumbrances and special exceptions listed in Exhibit *Di other
than those specifically noted above, are to be removed from the Property on or before
Closing. Buyer is to satisfy any items required of Buyer in the Title Commitments'
7. TITLE INSURANCE. At Closing, Buyer shall cause Rainier Title, who is
also seruing 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 Propefty.
Buyer's tnitarc@ seiler'srnniarc)C 1-7n'77
Real Estate Purchase and Sale Agreement Page 4 of 26
For purposes of this Agreement, the following shall not constitute encumbrances or
defects: rights reserved in federal patents or state deeds, mineral rights
reservations, 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.
g. cLosING cosTs AND PRO-RATIONS, The Excise Tax, if applicable,
shall be paid by Seller. Buyer and Seller shall split the escrow fee. 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'
g. CLOSING OF THE SALE. WITH THE UNDERSTANDING THAT TIME IS
OF THE ESSENCE FOR THIS AGREEMENT, this SAIC ShAII bE CIOSCd ON OT bEfOTC
5:OO PM on September 3O, 2022, which shall also be the termination date of this
Agreement, unless said Closing date is extended in writing by mutual agreement of
the parties.
In addition to the Mayor, the Parks Director for the City is also
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.
10. CASUALTY LOSS. If, prior to closing, improvements on the Propefty
are destroyed or materially damaged by fire or other casualty, this Agreement shall
continue in effect and Seller shall be entitled to retain all casualty insurance proceeds
and Seller shall not be required to restore any improvements.
11. POSSESSION. Buyer shall be entitled to possession on Closing,
Buyer's nnarc-&, -seiler's ',nnrcL
L. 1 - Zn'72
Real Estate Purchase and Sale Agreement Page 5 of 26
t2. SELLER'S REPRESENTATIONS' Seller represents:
a. that Seller will maintain the Property in present or better
condition until time of agreed possession, except with respect to Seller's salvage
rights as described below;
b. that Seller has no knowledge of notice from any governmental
agency of any violation of laws relating to the Propefty;
c. that Seller is in possession of the Property and the Property is not
subject to any lease or rental agreements.
13. SELLER'S ENVIRONMENTAL REPRESENTATIONS. SCIICT MAKCS NO
representations or warranties about any environmental condition (including, without
limitation, a spill, discharge or contamination) of the Property.
'r4. sELLER',S INDEMNITIES. Seller has no indemnity obligations in favor
of Buyer with respect to the Property.
15. DEFAULT AND ATTORNEY'S FEES.
a. Buver'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
pafty 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 Defautt. In the event of a breach by Seller of this
Agreement, which breach is not cured within ten (10) days after written notice of
default from Buyer specifying the breach (provided, however, that no such cure
period shall apply for a breach of the obligation to close by the Closing Date), Buyer
may elect only one of the following two remedies: (a) terminate this Agreement, in
Buyer's roiti"k&- seller's
Real Estate Purchase and Sale Agreement
1"21-L7--
Page 6 of 26
which event the Deposits paid shall be refunded to Buyer; or (b) enforce specific
performance of this Agreement against Seller, including the right to recover
attorneys' fees. If Buyer does not commence and file an action for specific
performance within sixty (60) days of the scheduled Closing Date, Buyer shall have
been deemed to have elected the remedy of termination of this Agreement under (a)
in this paragraph.
c, Attornev's Fees and Costs. In any legal proceeding arising in
connection with this Agreement (including without limitation any arbitration and
appellate proceedings) the substantially non-prevailing pafty agrees to pay to the
substantially prevailing party all reasonable costs and expenses, including attorneys'
fees and other legal costs, expended or incurred by the substantially prevailing party
in connection therewith (whether incurred before, during, or subsequent to any such
action or proceeding).
16. 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 pafticular transaction, or that it accurately reflects the
laws of the State of Washington at the time Seller enters into the Agreement' THIS
AGREEMENT HAS SIGNIFICANT LEGAL AND FINANCIAL CONSEQUENCES, SELLER IS
ADVISED TO SEEK INDEPENDENT LEGAL AND FINANCIAL COUNSEL REGARDING
THESE CONSEQUENCES,
'.7. 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.
18, 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
email addressed as set fotth below:
Buyer's tnnnrcfu -Seller's
Real Estate Purchase and Sale Agreement
,nnoo[{-17q.7L
Page 7 of 26
a All notices to be given to Buyer shall be addressed as follows:
City of Kent
Attn: Brian Levenhagen
Parks, Recreation, & Community Services
220 Fourth Avenue South
Kent, WA 98032
BJ Levenhagen @ KentWA. gov
Fax: 253-856-6050
And to
City of Kent
Attn: City Clerk
220 Fourth Avenue South
Kent, WA 98032
CitvClerk@KentWA.gov
Fax: 253-856-6725
b All notices to be given to Seller shall be addressed as follows
Susan Ruth
L24L0 SE 248th Street
Kent, WA 98030
susan@weruth.com
With copies to:
Jameson Pepple Cantu PLLC
801 Second Avenue
Suite 700
Seattle, Washington 98104
Email : dcantu@ioclaw.com
c.All notices to be given to Escrow Agent shall be addressed as follows:
Rainier Title Insurance ComPanY
Kent Escrow Office
20435 72nd Avenue South, Bldg. 3, Suite 155
Kent, WA 98032
kentescrow@ ra i n iertitle. com
Telephone : 253-2t6-4240
Either pafty hereto ffidy, by written notice to the other, designate such other address
for the giving of notices as necessary. All notices shall be deemed given on the day
Buyer's anooWa seiler's
Real Estate Purchase and Sale Agreement
,L +21-zz
Page 8 of 26
such notice is personally served, or on the date of the email transmission, or on the
third day following the day such notice is mailed in accordance with this section'
19. 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 Council Authorization shall be at the
August 2,2022, City Council meeting. 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. No modification of this
Agreement shall be effective unless agreed to by Seller pursuant to a written
Amendment agreement.
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'
20' 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.
2L. BINDING EFFECT AND SURVML. 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 suwive the Closing of this
transaction.
22. 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, and a
fully executed copy is delivered to both Seller and Buyer.
Buyer's rnitiaB W seiler's
Real Estate Purchase and Sale Agreement
.oo,,XL1-zq-72
Page 9 of 26
23. FORCE MAJEURE. Performance by Seller or Buyer of their obligations
under this Agreement shall be extended by the period of delay caused by force
majeure. Force majeure is war, natural catastrophe, strikes, walkouts or other labor
disturbance, order of any government, coutt or regulatory body having jurisdiction,
or any similar cause beyond the reasonable control of the pafty who is obligated to
render peformance.
24. COUNTERPARTS. This Agreement may be executed in any number of
counterparts, each of which shall constitute an original, and all of which will together
constitute this one Agreement. Further, upon executing this Agreement, either party
may deliver the signature page to the other by fax or email and that signature shall
have the same force and effect as if the Agreement bearing the original signature
was received in person.
25. AS-IS SALE. Except as otherwise provided for in Section 4 and Section
L2 of this Agreement, and except as further warrantied by Seller's through a Bargain
and Sale Deed, upon satisfaction or waiver of Buyer's feasibility period and
inspections, and should Buyer close this purchase, the land and structure are sold in
their AS-IS, WHERE IS condition, with Seller making no representations or warranties
about the structure, the Property, or condition of either. Except as otherwise limited
herein, Seller makes no representations or warranties and shall not in any way be
liable for any representations or warranties with respect to: (a) the dimensions, size,
acreage, or haruestability of timber on the premises; (b) the existence of
encroachments onto adjacent properties or onto the Property from adjacent
properties; (c) the condition of the premises or any buildings, structures or
improvements thereon or the suitability of the premises for habitation or for Buyer's
intended use or for any use whatsoever; (d) the availability or existence of any water,
sewer or utility rights; (e) the availability of water, sewer, or other utilities; (f) access
to any water or public or private sanitary sewer system; (g) rights to and access to
public roads, or (h) the environmental condition of the Property. Buyer acknowledges
to Seller that Buyer has, or will by the end of its feasibility or inspection contingency,
fully inspected the Propefty and assumes the responsibility and risks of all defects
Buyer's tniti.rcW- setter's tnitarcL(- 17q-LZ
Real Estate Purchase and Sale Agreement Page 1O of 26
and conditions, including such defects and conditions, if any, that cannot be obserued
by casual inspection consistent with the provisions and exceptions provided for within
this Section 25.
26, SELLER'S SATVAGE RIGHTS. Given that Buyer intends to demolish
the structure, Seller may remove the items listed in Exhibit *E" to this Agreement
from the Property prior to turning over possession to Buyer. Seller shall remove no
windows (unless boarded up), exterior doors, or anything that would render the
structure susceptible to vandals, squatters, trespassers, or the weather. Seller shall
lock the doors and windows and leave the structure secure at time Seller turns over
possession to Buyer.
IN WITNESS WHEREOF, the pafties hereto have exeCuted this Agreement on
the date set fotth below.
BUYER:
CITY OF KENT
fr
Name:
Title:
Dated:
Dana Ralph
Mayor [\,trv 8
SELLER:
t/\-
By
Susan th, as Personal Representative of the Estate of William E, Ruth
Dated . 7"2 -zz
Buyer's rnnarcW-Seller's
Real Estate Purchase and Sale Agreement
1"LNY-L
Page 11 of 26
EXHIBIT A
LEGAL DESCRIPTION
Parcel 2122lJ5-9097
Flle No.: 805377RT
EXHIBIT'A'
The South 264 feet of the West half of the West half of the Sodhwest quarter of the Northeast quarter of $ection 21,
Township 22 North, Range 5 East, W.M., in King County, Washington;
EXCEPT the South 30 feet for road;
Situate in the County of King, State of Washington.
Parcel 2t22O5-9O98
File No.: 805379RT
EXHIBIT'A'
The North 330 feet of the South 594 feet d the West half of the West half of the Southwest quarl€r of the Northeast quarter
of Seclion 21, Township 22 North, Range 5 East, W.M', in King County, Washington;
EXCEPT lhe South 30 feet drereof for road;
Situate in the County of King, State of Washingiton.
Parcel 21,2205-9037
File No.: 805380RT
EXHIBIT'A'
That portion of the Southwest quarler of the Northeast quarter in Section 21, Township 22 North, Range 5 East, W.M.' in
King County, Washington, described as follows:
The West half of the West half;
EXCEPT the South 594 feet thereof;
TOGETHER WITH the East half of theWEst half;
EXCEPT the South 264 feet and
EXCEPT the East 15 feet of the North 645 feet of the South 909 feetl
AND EXCEPT the East 30 feet of that portion lying North of the South 909 feet;
Situate in the County of King, State of Washington.
Buyer's Seller'snitarcN, -
EXHIBIT A - Real Estate Purchase and Sale Agreement
.71,2L
Page 12 of 26
EXHIBIT B
PROPERTY DEPICTION
Parcel212205'9097
Buyer's toitorc (fu ser ter,s tn iti, t"p- 7' 2 7' 7z-
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EXHIBIT B - Real Estate Purchase and Sale Agreement Page 13 of 26
Parcel 212205-9098
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nitarcfl'Buyer's Seller's
EXHIBIT B - Real Estate Purchase and Sale Agreement
-T-21'7L
Page 14 of 26
Parcel 212205-9037 l_
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EXHIBIT B - Real Estate Purchase and Sale Agreement
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Page 15 of 26
EX}IIBIT C
RESERVED
Buyer's rnitial*',rrrrrrLtJ' L14'7/Seller's
EXEIBIT C - Real Estate Purchase and Sale Agreement Page 16 of 26
EXHIBIT D
ENCUMBRANCES AND SPECIAL EXCEPTIONS
Parcel 212205-9lJ97
Special Exceptions:
2.
Due to reduced staffing at the county as a result of the pandemic and a large increase in
documents submitted for recording:
o The Recorder's Office cannot guarantee expedited or same day service on any documents.
o The Recorder's Office is running about a week behind on documents submitted by mail.
Documents that need to be signed off by the county prior to recording and are being hard
recorded may delay closing.
These include transactions that are registered land, open space or receiving a specialtax
exception, commercial property, properties that have personal property taxes tied to the real
property and any propeilies that have an un-eliminated mobile home'
This is informationalonly and will not appears on the forthcoming policy(ies) to be issued.
The Land is situated within the boundaries of local taxing authority of City of Kent.
CAUTION: Washington has a graduated excise tax rate for sales occurring on or after 1nl2A2O
for most properties, although a flat rate applies to properties formally classified and specially
valued as timberland or agricultural land on the day of closing.
The rate of real estate excise tax applicable to a sale prior lo 11112020, is 1.78o/o.
The rate of real estate excise tax to a sale on or after 11112020 for properties which are not
formally classified and specially valued as timberland or agricultural land is:
State portion: 1.10% on any portion of the sales price of $500,000 or less;
1.28o/o on any portion of the sales price above $500,000, up to $1,500,00O_;
2.75oh on any portion of the sales price above $1,500,000, up to $3,000,000;
3.00o/o on any portion of the sales price above $3,000,000;
Local portion: 0.50% on the entire sales price.
I
An additional $5.00 State
transaction is exempt, an
Buyer's Seller's
Technology Fee must be included in allexcise tax payments. lf the
additional$5.00 Affidavit Processing Fee is required.
Any conveyance document must be accompanied by the officialWashington State Excise Tax
Affidavit. The applicable excise tax must be paid and the affidavit approved atthe time of the
recording of the conveyance documents. (NOTE: Real Estate Excise Tax Affidavits must be
prinled as legalsize forms).
,n*arc@-,rr'rrrO ) {L,
EXHIBIT D - Real Estate Purchase and Sale Agreement
1"74-ZL
Page L7 of 26
3.
4.
5.
General taxes and charges: 1st half delinquent May 1, if not paid; 2nd half delinquent November
1, if not paid.
Year: 2022
Amount billed: $10,458.45
Amount paid: $0.00
Amount unpaid: $10,458.45TaxAccountNo.: 212205-9097-09
$510,000.00
Based on the Treasurefs records, the name and address of the last taxpayer/owner is:
William E. Ruth
19400 108th Ave. SE #200
Renton, WA 98055
The legaldescription in this commitment is based upon information.provided with the application
for titlJinsurance and the public records as defined in the policy to issue. The parties to the
forthcoming transaction must notifi7 the title insurance company, prior to closing, if the description
does not conform to their expectations.
Pending probate proceedings under a non-intervention will. The Personal Representative is
authoriied to administer the estate without intervention of court and to transfer or encumber
decedent's interest in the land.
Levy code:
Assessed value of land:
Assessed value
of improvements:
Decedent:
Willadmitted:
Personal Representative:
Probate Case No.:
Attorney for the Estate:
County of:
Probate Case No.
1519
$366,000.00
William E. Ruth
October 14,2421
Susan Marie Ruth
214-06982-1
Patrick M. Hanis
King
214-06982-1
6.
7
Note: Please submit a certified copy of the Letters Testamentary, or in the case of intestate
administration, a certified copy of thb Letters of Administration, showing that the grantor is the
court appointed Executor/Executrix or Administrator with the Recording Package.
Possible lien against the Estate of William E. Ruth, deceased, pursuant to RCW 43.208.080 and
WAC 388-527:2rc0 through 2790, in favor of the State of Washington, Department of Social and
Health Services for recovery of costs of medical care provided, if any.
This exception may be deleted upon evidence satisfactory to the Company that no benefits have
been received or that all such benefits received have been repaid. Please submit an assurance
letter fiom the attorney representing the Estate for our review
Lien of State and Federal Estate Taxes, if any, upon the Estate of William E. Ruth, deceased.
This exception may be deleted upon evidence satisfactory to the Company that no taxes are
owing or that all taxes have been paid. Please submit an assurance letter from the attomey
representing the Estate for our review.
Buyer's rnitiats (V- seuer'srrr'rrro.XL 7 7 q-LL-
EXHIBIT D - Real Estate Purchase and Sale Agreement Page 18 of 26
8.
L
We find no conveyances within the last 36 months.
NOTE: The Recording No. of the last recorded deed of record is: 9606130675.
The land described in this commitment appears to be residential in nature and may be subject to
the provisions of RCW 6.13.060 (Homestead Statute), if the land is occupied as a primary
residence. lf the land is occupied as a primary residence, all instruments conveying or
encumbering the land must bi executed by eich spouse, individually, or by an attorney-in-fact- In
the event thi Company receives instruments that are not joined by the non-owning spouse with
possible homestead rilhts, the Company may be unable to record or to insure the transaction'
The names of the proposed insured were not fumished in the application for title insurance, and
when disclosed, the commitment will be subject to such matters as may be found by a search of
the records against said names.
The Company reserves the right to add additional items or make further requirements after review
of the requested documentation.
For each policy to be issued as identified in Schedule A, ltem 2;the Company shall not be liable
under this commitment until it receives a designation for a Proposed lnsured, acceptable to the
Company. As provided in Commitment Condition 4, the Company may amend this commitment to
add, among other things, additional exceptions or requirements after the designation of the
Proposed lnsured.
Reservations contained in deed from the Northern Pacific Railroad Company dated July 30, 1901,
recorded September 21, 1901, under Recording No. 216187, as follows:
Reserving and excepting from said lands so much or such portions thereof as are or may be .
mineral lands or coniain-coal or iron, and also the use and the right and title to the use of such
surface ground as may be necessary for mining operations, and the right of acce:s to such
reserve{and exceptei mineral lands, including lands containing coal or iron for the purpose of
exploring, developing and working the same.
The Gompany makes no representation as to the present ownership of any such interests. There
may be leases, grants, exceptions or reservations of interesls that are not listed.
Right to make necessary slopes for cuts or fills qpo!!!g land herein described as granted to King
County by deed recorded under Recording No. 5849730'
End of Special Exceptions
10
11.
12.
13.
tnitiarcW ,riri.tW 1"7cr?zBuyer's Seller's
EXHIBIT D - Real Estate Purchase and Sale Agreement Page 19 of 26
Parcel 212205'9098
Special Exceptions:
Due to reduced staffing at the county as a result of the pandemic and a large increase in
documents submitted for recording:
o The Recorder's Office cannot guarantee expedited or same day service on any documents.
o The Recorder's Office is running about a week behind on documents submitted by mail.
Documents that need to be signed off by the county prior to recording and are being hard
recorded may delay closing.
These include transactions that are registered land, open space or receiving a special tax
exception, commercial property, properties that have personal property taxes tied to the real
property and any properties that have an un'eliminated mobile home.
This is informational only and will not appears on the forthcoming policy{ies) to be issued-
The Land is situated within the boundaries of local taxing authority of Clty of Kent.
CAUTION: Washington has a graduated excise tax rate for sales occuning_on or after 1nDA20
for most properties, although Jflat rate applies to properties formally classified and specially
valued as timberland or agricultural land on the day of closing.
The rate of real estate excise tax applicable to a sale prior to 11112020, is 1.78%.
The rate of real estate excise lax to a sale on or after 111!2020 for properties wttich are not
formally classified and specially valued as timberland or agriculturalland is:
State portion: 1.10o/o on any portion of the sales price of $500'000 or less;
1.28% on any portion of the sales price above $500,000, up to $1,500,000;
2.75To on any irortion of the sales price above $1,500,000, up to $3,000,000;
3.00% on any portion of the sales price above $3,000,000;
Local portion:0.50% on the entire sales price.
An additional $5.00 State Technology Fee must be included in all excise tax payments. lf the
transaction is exempt, an additional $5.00 Affidavit Processing Fee is required.
Any conveyance document must be accompanied by the officialWashington State.Excise Tax
Affidavit. T-he applicable excise tax must be paid and the aflidavit apprgved ?t.th9 time of lhe
recording of tre conveyance documents. (NOTE: Real Estate Excise Tax Affidavits must be
printed as legal size forms).
Buyer's rnitiaB-(M seiler'srnitarsL& 771'22
,l
2.
EXHIBIT D - Real Estate Purchase and Sale Agreement Page 2O of 26
3.
6.
General taxes and charges: 1st half delinguent May 1, if not paid; 2nd half delinquent November
1, if not paid.
Year: 2022
Amount billed: $4,770.56
Amount paid: $0.00
Amount unpaid: $4,770.56
TaxAccount No.: 212205-9098-08
Levy code:
Assessed value of land:
Assessed value
of improvemenls:
1519
$390,000.00
4
5.
$12,000.00
Based on the TreasureCs records, the name and address of the last taxpayer/owner is:
William E. Ruth
19400 108th Ave. SE f200
Renton, WA 98055
The legal description submitted has been modified to comply with the public.records and to reflect
the pafries presumed intent. Glosing instructions must indicate that the legal description has been
reviewed and approved by all parties to this transaction.
We note that the Statutory Warrang Deed recorded under Recording No. 9606130676 contains
an erroneous legal description in that it states Section 2, which should read Section 21, and must
be re-recorded tlo properly reflect the property intended to be conveyed. Any document drawn in
connection with this tiansaction, should use ihe legaldescription as shown in Schedule A herein.
Pending probate proceedings under a non-intervention will. The Personal Representative is
authoriied to administer the estate without intervention of court and to transfer or encumber
decedent's interest in the land.
7
William E. Ruth
October'14,2021
Susan Marie Ruth
21446982-1
Patrick M. Hanis
Decedent:
Willadmitted:
Personal Representative:
Probate Case No.:
Attorney for the Estate:
Note: Please submit a certified copy of the Letters Testamentary, or in the case of intestate
administration, a certified copy of the Letters of Administration, showing that the grantor is the
couft appointed Executor/Executrix or Administrator with the Recording Package.
Possible lien against the Estate of William E. Ruth, deceased, pursuant to RCW 43.208.080 and
WAC 388-527:2rc0 through 2799, in favor of the State of Washington, Department of Social and
Health Services for recovery of costs of medical care provided, if any-
This exception may be deleted upon evidence satisfactory to the Company that no benefits have
been received or that all such benefits received have been repaid. Please submit an assurance
letter from the attorney representing the Estate for our review'
Buyer's nnarc&se t ter'srnrtar\t a- 7"1- 7Z
EXHIBIT D - Real Estate Purchase and Sale Agreement Page 2L of 26
g. Lien of State and Federal Estate Taxes, if any, upon the Estate of William E. Ruth, deceased.
County of: King
Probate Case No.: 214-06982-1
This exception may be deleted upon evidence satisfactory to the Company that no taxes are
owing or that all taxes have been paid. Please submit an assurance letter ftom the attorney
representing the Estate for our review.
9. We find no conveyances within the last 36 months.
NOTE: The Recording No. of the last recorded deed of record is: 9606130676.
10. The names of the proposed insured were not fumished in the application for title insurance, and
when disclosed, the commitment will be subject to such matters as may be found by a search of
the records against said names.
The Company reserves the right to add additional items or make further requirements after review
of the requested documentation.
11. For each policy to be issued as identified in Schedule A, ltem 2;the Company shall not be liable
under this commitment until it receives a designation for a Proposed lnsured, acceptable to the
Company. As provided in Commitment Condition 4, the Company may amend this commitnent to
add, among oiher things, additional exceptions or requirernents afier the designation of the
Proposed lnsured.
12. Reservations contained in deed from the Northern Pacific Railroad Company dated July 30, 1901,
recorded September 21, 1901, under Recording No.216187, as follows:
Reserving and excepting from said lands so much or such portions thereof as are or may be
mineral linds or containcoal or iron, and also the use and the right and title to the use of such
sudace ground as may be necessary for mining operations, and the right of a-cc€ss to such
reserved'and excepted mineral landl, including lands containing coal or iron for the purpose of
exploring, developing and working the same.
The Company makes no representation as to the present ownership of any_ such interests. There
may be leases, grants, exceptions or reseryations of interests that are not listed.
13. Lack of a recorded easement providing access to the lands herein described from any public road.
Buyer's tnitnrc-(fu7 rnitia'AL+Lq"LZSeller's
EXHIBIT D - Real Estate Purchase and Sale Agreement Page 22 of 26
Parcel 2t2205-9O37
Special Exceptions:
Due to reduced staffing at the coung as a result of the pandemic and a large increase in
documents submitted for recording:
o The Recorde/s Office cannot guarantee expedited or same day service on any documents.
o The Recorder's Ofiice is running about a week behind on documents submitted by mail.
Documents that need to be signed off by the county prior to recording and are being hard
recorded may delay closing.
These include transactions that are registered land, open space or receiving a specialtax
exception, commercial property, properties that have personal property taxes tied to the real
property and any properties that have an un-eliminated mobile home.
This is informationalonly and will not appears on the forthcoming policy(ies) to be issued.
The Land is situated within the boundaries of local taxing authority of City of Kent.
CAUTION: Washington has a graduated excise tax rate for sales occuning on or after 11112020
for most properties, although aflat rate applies to properties formally classified and specially
valued as timberland or agricultural land on the day of closing.
The rate of real estate excise tax applicable to a sale prior la 1|1EA2A,is 1.78o/o.
The rate of real estate excise tax to a sale on or after 11112020 for properties which are not
formally classified and specially valued as timberland or agricultural land is:
State portion: 1.'l0o/o on any portion of the sales price of $500,000 or less;
1.28% on any portion of the sales price above $500,000, up to $1,500,000;
2.75Yo on any portion of the sales price above $1,500,000, up to $3,000,000;
3.00% on any portion of the sales price above $3,000,000;
Local portion: 0.50% on the entire sales price.
An additional $5.00 State Technology Fee must be included in allexcise tax payments. lf the
transaction is exempt, an additional $5.00 Affidavit Processing Fee is required.
Any conveyance document must be accompanied by the ofiicialWashington State.Excise Tax
Affidavit. The applicable excise tax must be paid and the affidavit approved at the time of the
recording of the conveyance documents. (NOTE: Real Estate Excise Tax Affidavits must be
printed as legal size forms).
1
2
nitarcMBuyer's Seller's
EXHIBIT D - Real Estate Purchase and Sale Agreement
1L1-n
Page 23 of 26
3.General taxes and charges: lst hatf delinquent May 1, if not paid; 2nd half delinquent November
1, if not paid.Year: 2022
Amount billed: $8,385.38
Amount paid: $0.00
Amount unpaid: $8,385.38
Tax Account No.: 212205'9037'02
4
5.
6
$0.00
Based on the Treasurer's records, the name and address of the last taxpayer/owner is:
William E. Ruth
19400 108th Ave. SE #200
Renton, WA 98055
The legal description in this commitment is based upon information.provided with the application
for titlJinsurance and the public records as defined in the policy to issue. The parties to the
forthcoming transaction mirst notiff the title insurance company, prior to closing, if the description
does not conform to their expectations.
A search of the public record did not disclose any open Mortgages or Deeds of Trust for the
property herein described. The Company reserves the right to require furthe.r.evidence to confirm
inai ttre properg is unencumbered, and further reserves the right to make additional requirements
and/or to add additional items or exceptions upon receipt of the requested evidence.
Pending probate proceedings under a non'intervention will. The Personal [epresentative is
authoriied to administer the estate without intervention of court and to transfer or encumber
decedenfs interest in the land.
Levy code:
Assessed value of land:
Assessed value
of improvements:
Decedent:
Willadmitted:
Personal Representative:
Probate Case No.:
Attorney for the Estate:
1519
$738,000.00
William E. Ruth
October 14,2A21
Susan Marie Ruth
214-06982-1
Pactrick M. Hanis
7
Note: Please submit a certified copy of the Letters Testamentary, or in the case of intestate
administration, a certified copy of the Letters of Administration, showing that the grantor is the
court appointed Executor/Executrix or Administrator with the Recording Package.
Possible lien against the Estate of William E. Ruth, deceased, pursuant to RCW 43.208-080 and
WAC 388-527:2rc0 through 279A, in favor of the State of Washington, Depadment of Social and
Health Services for recovery of costs of medical care provided' if any'
This exception may be deleted upon evidence satisfactory to the Company that no benefits have
been received or that all such benefits received have been repaid. Please submit an assurance
letter from the attorney representing the Estate for our review.
rritor fdD se t re r'srnru;ar!(- 1 Taf ?>Buyer's
EXIIIBIT D - Real Estate Purchase and Sale Agreement Page 24 of 26
gl Lien of State and Federal Estate Taxes, if any, upon the Estate of William E. Ruth, deceased.
County of:
Probate Case No.
King
214-06982-1
This exception may be deleted upon evidence satisfactory to the Company that no taxes are
owing or that all taxes have been paid. Please submit an assurance letter from the attorney
representing the Estate for our review.
9. We lind no conveyances within the last 36 months.
NOTE: The Recording No. of the last recorded deed of record is: 9606130673.
10. The names of the proposed insured were not fumished in the application, for title insurance, and
when disclosed, the cbmmitment will be subject to such mattErs as may be found by a search of
the records against said names.
The Company reserves the right to add additional items or make further requirements after review
of the requested documentation.
11. For each policy to be issued as identified in Schedule A, ltem 2; the Company shall not be liable
under this commitment until it receives a designation for a Proposed lnsured, acceptable lo the
Company. As provided in Commitment Condiiion 4, the Company may amen_d this commitment to
add, among other things, additional exceptions or requirements after the designation of the
Proposed lnsured.
12. Reservations contained in deed from the Northern Pacific Railroad Company dated July 30, 1901,
recorded September 21, 1901, under Recording No. 216197, as follows:
Reserving and excepting from said lands so much or such portions thereof as are or may be
mineral lands or coniain coal or iron, and also the use and the right and title to the use of such
surface ground as may be necessary for mining operations, and the right of a:c9:s to such
reservedand excepted mineral landi, including ta'nas containing coal or iron for the purpose of
exploring, developing and working the same'
The Company makes no ropresentation as to the present ownership of any. such interests. There
may be leasei, grants, exc6ptions or reservations of interests that are not listed.
13. Any restrictions on the use of any portion of the land subject to submergence that derive from the
rights of the public and riparian owners to use any waters which may cover that portion'
14. Rights and easements of the public for commercer navigation, recreation and fisheries.
1S. Any restrictions on the use of the land resulting from the rights of the public or riparian owners to
usri any portion which is now, or has been, covered by water.
16. Lack of a recorded easement providing access to the lands herein described from any public road-
End of Special ExcePtions
tniti"rc&r,,'ti"r'& 1"?'1'LLBuyer's Seller's
EXHIBIT D - Real Estate Purchase and Sale Agreement Page 25 of 26
EXHIBIT E
SALVAGE LIST
Parlor Stove
Three stained windows in the sunroom
Washer, Dryer and appliances
Personal propefty
Seller'sBuyer's nnnrc-fu/,rrrrrrr"Xl lbg\tP
EXHIBIT E - Real Estate Purchase and Sale Agreement Page 26 of 26