HomeMy WebLinkAboutCAG2023-621 - Original - Robert W. Peyton III - 2nd and Meeker Property Purchase - 12/08/2023 FOR CITY OF KENT OFFICIAL USE ONLY
Sup/Mgr:
Agreement Routing Form DirAsst:
• For Approvals,Signatures and Records Management Dir/Dep:
KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover (optional)
WASHINGTON Sheet forms. (Print on pink or cherry colored paper)
Originator: Department:
Brian Levenhagen Parks, Recreation & Community Services
Date Sent: Date Required:
c 12/12/2023 N/A
Q Mayor or Designee to Sign. Date of Council Approval:
Q Interlocal Agreement Uploaded to Website
Budget Account Number: Grant? Yes No�✓
TBD
Budget? Yes E:]No Type: N/A
Vendor Name: Category:
Robert W. Peyton, III Purchase/Sale
Vendor Number: Sub-Category:
TBD Original
0
Project Name: 2nd and Meeker Property Purchase
CProject Details: purchase and Sale Agreement between the City of Kent and Robert W.
C Peyton, III for the sale and purchase of real property located at 308 W.
*, Meeker St., Kent, WA 98032.
C
(11.111 * Basis for Selection of Contractor:
Agreement $347,000 Direct Negotiation
E *Memo to Mayor must be attached
Start Date: �2/$/2023 Termination Date: N/A
a Local Business? Yes F]No*If meets requirements per KCC 3.70.100,please complete"Vendor Purchase-Local Exceptions"form on Cityspace.
Business License Verification: ❑Yes In-Process F1 Exempt(KCC 5.01.045) FlAuthorized Signer Verified
Notice required prior to disclosure? Contract Number:
Yes❑No CAG2023-621
Comments:
*Total amount is $347,000 plus closing costs.
0
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Date Received:City Attorney: 12/11/23 Date Routed:Mayor's Office 12/8/23 'ty Clerk's Office 12/11/23
adccW22373_7_20 Visit Documents.KentWA.gov to obtain copies of all agreements
rev.20221201
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 4t" Avenue South,
Kent, Washington 38032-5895, and Robert W. Peyton, III, ("Seller") whose
mailing address is 1950 Alaskan Way #435, Seattle, WA 98101, 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 a vacant lot known as King County Tax Parcel Number 982570-0385, located
at 308 W Meeker St., Kent, WA 98032 (the "Property"). The Property is legally
described in Exhibit "A", attached hereto and incorporated herein by this reference.
2. EARNEST MONEY. Within 15 business days of mutual acceptance of
this Agreement, Buyer shall deposit with Fidelity National Title Insurance Company
(the "Escrow Agent)(), the sum of Five Thousand Dollars ($5,000) in the form of a
Certified Check, as refundable earnest money to be applied toward the purchase price
of the Property payable at Closing. 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. PURCF ASE PRICE. The total purchase price for the Property is three-
hundred forty-seven) thousand dollars ($347,000), including Earnest Money, payable
on Closing.
4. CONTIINGENCIES. This Agreement is contingent upon:
(a) Buyer's receipt of Seller's information contained in the Real
Property Transfer Disclosure Statement ("Disclosure Statement")
the form of which is set forth in Exhibit "B." The Disclosure
Statement shall be completed by the Seller within 15 business
ays from the date of mutual acceptance of the Agreement.
Real Estate Purchase and Sale Agreement Page 1 of 7
i
ithin 10 days of Buyer's receipt of the Disclosure Statement
fSom Seller, Buyer shall either approve and accept the Disclosure
tatement, or rescind the Agreement to purchase the Property,
in its sole and absolute discretion. If Buyer does not deliver a
mitten rescission notice to Seller within the ten-day period, the
Disclosure Statement will be deemed approved and accepted by
uyer.
(b) City Council Authorization as provided in Section 18 below.
Should any of the contingencies 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 Statutory Warranty Deed, in a
form substantially as that provided in Exhibit "D", free and clear of all liens,
encumbrances or defects except those General Exceptions described in Schedule B,
paragraphs A-C and G-] of Title Report Number 611334644, of Exhibit"C", attached
hereto and incorporated herein by this reference. All other special exceptions therein,
except that described in paragraphs 1, 6, and 7, are to be removed 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 "C", other than those specifically noted above, are to be removed
on or before closing
6. TITLE INSURANCE. At Closing, Buyer shall cause Escrow Agent, to
issue standard coverage owner's policy of title insurance to Buyer in an amount
equal to the total �urchase price of the Property. For purposes of this Agreement,
the following shall not be deemed encumbrances or defects: rights reserved in
federal patents or state deeds, building or use restrictions consistent with current
Real Estate Purchase and Sale Agreement Page 2 of 7
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 to urinate and the Earnest Money shall be returned to Buyer.
7. CLOSING COSTS AND PRO-RATIONS. Excise Tax, if applicable, shall
be paid by Seller, except for those fees which are expressly limited by Federal
Regulation. Buye shall pay all escrow fees, recording costs, title insurance
premium, the costs of any survey, and the fees and expenses of its consultants.
Taxes for the curre t year, rents, interest, water, sewer and other utility charges, if
any, shall be paid by Seller, and prorated as of the day of Closing.
8. CLOSING OF THE SALE. WITH THE UNDERSTANDING THAT TIME IS
OF THE ESSENCE OR THIS AGREEMENT, this sale shall be closed within 90 days of
the date of mutual acceptance of this Agreement, which shall also be the termination
date of this Agreement, unless said Closing date is extended in writing by mutual
agreement of the parties. When notified, the Buyer and Seller will deposit, without
delay, in escrow with the 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, the Property shall be destroyed
or materially damaged by flood, earthquake, 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. SELLE 'S REPRESENTATIONS. Seller represents:
(a) that Seller will maintain the Property in present or better condition until
time of agreed possession;
Real Estate Purchase and Sale Agreement Page 3 of 7
of any violation of laws relating to the Property except:
12. SELL R'S ENVIRONMENTAL REPRESENTATIONS. Seller represents
that, to the best ofSeller'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, Jischarge 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.
13. SELLER'S INDEMNITIES: Seller agrees to indemnify and hold
harmless the Buyer, against and in respect of, any and all damages, claims, losses,
liabilities, judgments, demands, fees, obligations, assessments, and expenses and
costs, including, without limitation, reasonable legal, accounting, consulting,
engineering and other expenses which may be imposed upon or incurred by Buyer,
or asserted against(Buyer, by any other party or parties (including, without limitation,
a governmental entity), arising out of or in connection with any environmental
condition existing as of and/or prior to Closing, including the exposure of any person
to any such environmental condition, regardless of whether such environmental
condition or exposure resulted from activities of Seller or Seller's predecessors in
interest. This indemnityI shall survive Closing and be in addition to Seller's obligation
for breach of a repesentation 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 lim ted to damages against Buyer in the liquidated amount of the
Earnest Money previously paid by the Buyer. Buyer and Seller intend
that said amount constitutes liquidated damages and so as to avoid
Real Estate Purchase and Sale Agreement Page 4 of 7
i
other costs and expenses to either party in connection with potential
litigation on account of Buyer's default. Buyer and Seller believe said
amount to be a fair estimate of actual damages.
(b) Sellers 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 to ms or provisions herein, each party shall pay all its own costs and
attorn y'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
ADVISED TO SEEK INDEPENDENT LEGAL AND FINANCIAL COUNSEL REGARDING
THESE CONSEQUE CES.
- I The terms conditions and provisions of this
16. NON t}�fERGER.
Agreement shall nol be deemed merged into the deed, and shall survive the Closing
and continue in full orce 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:
Adam Long
Law Department
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(b) All notices to be given to Seller shall be addressed as follows:
Real Estate Purchase and' Sale Agreement Page S of 7
Robert Peyton III
1950 Alaskan Way #435
Seattle, WA 98101
I
(c) All noti--es to be given to Escrow Agent shall be addressed as follows:
Lisa Hayes
Fidelity National Title
5006 Center Street, Suite J
Tacoma, WA 98409
Either party hereto 1 lay, by written notice to the other, designate such other address
for the giving of notices as necessary. All notices shall be deemed given on the day
such notice is personally served, or on the date of the facsimile transmission, or on
the third day following the day such notice is mailed in accordance with this section.
18. CITY COUNCIL ACTION REQUIRED. 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 bu I the Property under this Agreement ("Council Authorization"),
which may or may of 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 , greement, or the City Council's failure to grant the Council
Authorization.
18.1 Seller's Waiver. Seller expressly waives any claim against the
City of Kent and its elected officials, officers, employees, representative and agents
for any burden, ex Tense 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 verbal or other agreements that modify this Agreement.
Real Estate Purchase and Sale Agreement Page 6 of 7
20. BINDING EFFECT AND SURVIVAL. This Agreement shall be binding
upon parties hereto and their respective heirs, successors and assigns; and the
terms, conditions a d 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 I cceptance of this Agreement shall be the last date on which the
parties to this Agreement have executed this Agreement as indicated below.
22. EXPIRATION OF OFFER. Seller shall have only until 5:00 pm on
December 8, 2023, to accept the Agreement as written, by delivering a
signed copy thereof to the Buyer's agent, Adam Long. If Seller does not so
deliver a signed copy within said period, this Agreement shall lapse and all right of
the parties hereunder shall terminate.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date set forth below.
BUYER: CITY OF K NT
By:
Dana Ralph
Its: Mayor
Dated: CX -LOZ
SELLER: Robert Peyton III
By:
Its: Own/er
Dated: l al el- i--:�
Real Estate Purchase and Sale Agreement Page 7 of 7
EXHIBIT A
LEGAL DESCRIPTION
LOT 9 IN BLOCK 6 OF `YESLER'S FIRST ADDITION TO THE TOWN OF KENT, ACCORDING TO THE PLAT
THEREOF RECORDED IN VOLUME 5 OF PLATS,PAGE 64, RECORDS OF KING COUNTY;
SITUATE IN THE CITY OF KENT,COUNTY OF KING,STATE OF WASHINGTON.
EXHIBIT B
SELLER'S DISCLOSURE STATEMENT
INSTRUCTIONS TOT E SELLER
Please complete the following form. Do not leave any spaces blank. If the question clearly
does not apply to the roperty write "NA." If the answer is "yes"to any * items, please explain
on attached sheets. lease refer to the line number(s) of the question(s) when you provide
your explanation(s). Delivery of the disclosure statement must occur not later than five
business days, unlesis otherwise agreed, after mutual acceptance of a written contract to
purchase between a bluyer and a seller.
NOTICE TO THE BUYER
THE FOLLOWING DISCLOSURES ARE MADE BY SELLER ABOUT THE CONDITION OF THE
PROPERTY LOCATED bT I , KENT, WASHINGTON, ("THE
PROPERTY"), OR AS IEGALLY DESCRIBED ON ATTACHED EXHIBIT A.
SELLER MAKES THE HOLLOWING DISCLOSURES OF EXISTING MATERIAL FACTS OR
MATERIAL DEFECTS TO BUYER BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE
PROPERTY AT THE TI1 E 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 0 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 P�IIDVISED TO OBTAIN AND PAY FOR THE SERVICES OF QUALIFIED
EXPERTS TO INSPECTITHE PROPERTY, WHICH MAY INCLUDE, WITHOUT LIMITATION,
ARCHITECTS, ENGINEERS, LAND SURVEYORS, PLUMBERS, ELECTRICIANS, ROOFERS,
BUILDING INSPECTORS, ON-SITE WASTEWATER TREATMENT INSPECTORS, OR
STRUCTURAL PEST INISPECTORS. THE PROSPECTIVE BUYER AND SELLER MAY WISH TO
OBTAIN PROFESSIONAL ADVICE OR INSPECTIONS OF THE PROPERTY OR TO PROVIDE
APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN THEM WITH RESPECT TO ANY
ADVICE, INSPECTION, DEFECTS, OR WARRANTIES.
Seller is/ _,� i Is not occupying the property.
Seller's Disclosure Sta ement - Page 1 of 5
I. 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
19-'�es [ ] No [ ] Don't know A. Do you have legal authority to sell the
property? If no, please explain.
[ ] Yes [ [ ] Don't know *B. Is title to the property subject to any of
the following?
(1) First right of refusal
(2) Option
(3) Lease or rental agreement
(4) Life estate?
[ ] Yes No [ ] Don't know *C. Are there any encroachments, boundary
agreements, or boundary disputes?
[ ] Yes [ 141 o [ ] Don't know *D. Is there any leased parking?
[ ] Yes [ [ ] Don't know E. Is there a private road or easement
agreement for access to the property?
[ ] Yes [ qrO [ ] Don't know *F. Are there any rights-of-way, easements,
Shared use agreements or access limitations?
[ ] Yes [,,"io [ ] Don't know *G. Are there any written agreements for joint
maintenance of an easement or right-of-way?
[ J Yes [ql o [ ] Don't know *H. Are there any zoning violations or
nonconforming uses?
[ ] Yes [ No [ ] Don't know *I. Is there a survey for the property?
[ ] Yes [� [ ] Don't know *J. Are there any legal actions pending or
threatened that affect the property?
[-rYes [ ] No [ ] D o n't know *K. Is the property in compliance with the
Americans with Disabilities Act?
2. WATER
[ ] Yes [/No [ ] Don't know *Are there any water rights for the property,
such as water right permit, certificate, or claim?
Seller's Disclosure Statement - Page 2 of 5
3. SEWER/ON-SITE SEWAGE SYSTEM
[ ] Yes [t],No [ ] Don't know *Is the property subject to any sewage system
fees or charges in addition to those covered in
your regularly billed sewer or on-site sewage
system maintenance service?
4. STRUCTURAL
[ ] Yes [�'I IC�o [ ] Don't know *A. Has the roof leaked within the last five
years?
[ ] Yes VNo [ ] Don't know *B. Has any occupied subsurface flooded or
leaked within the last five years?
[ ] Yes [I;]�I�o [ ] Don't know *C. Have there been any conversions,
additions, or remodeling?
[ ] Yes [ ] No [ ] Don't know *(1) If yes, were all building permits
obtained?
[ ] Yes [ ] No [ ] Don't know *(2) If yes, were all final inspections
obtained?
[ ] Yes [vf`No [ ] Don't know *D. Has there been an settling, slippage, or
sliding of the property or its improvements?
[ ] Yes [ 04o [ ] Don't know *E. Are there any defects with the following:
(If yes, please check applicable items and
explain.)
❑ Foundations ❑ Windows
❑ Doors ❑ Slab Floors
❑ Ceilings ❑ Outbuildings
❑ Sidewalks ❑ Exterior Walls
❑ Other ❑ Siding
❑ Interior Walls
S. SYSTEMS AND FIXTURES
[ ] Yes [U/Ko [ ] Don't know *A. Are there any defects in the following
systems? If yes, please explain.
[ ] Yes [y'IVo [ l Don't know (1) Electrical system
[ ] Yes [' No [ ] Don't know (2) Plumbing system
[ ] Yes [ No [ ] D n't know (3) Heating and cooling systems
[ ] Yes [ o [ ] D�n't know (4) Fire and security system
Seller's Disclosure Statement - Page 3 of 5
[ ] Yes [ ] No [ ] Don't know (5) Carbon monoxide alarms
6. ENVIRONME TAL
[ ] Yes [Q/No [ ] Don't know *A. Have there been any flooding, standing
water or drainage problems on the property that
affect the property or access to the property?
[ ] Yes [q to [ ] Don't now *B. Is there any material damage to the
property from fire, wind, floods, beach
movements, earthquake, expansive soils, or
landslides?
[ ] Yes [a-Igo [ ] Don't know *C. Are there any shorelines, wetlands,
floodplains, or critical areas on the property?
[ ] Yes [, o [ ] Don't now *D. Are there any substances, materials, or
products on the property that may be
environmental concerns, such as asbestos,
formaldehyde, radon gas, lead-based paint, fuel
or chemical storage tanks, or contaminated soil
or water?
[ ] Yes [ to [ ] Don't know *E. Is there any soil or groundwater
contamination?
[ ] Yes [1� o [ ] D'on't know *F. Has the property been used as a legal or
illegal dumping site?
[ ] Yes Don't know *G. Has the property been used as an illegal
drug manufacturing site?
7. FULL DISCLOSURE BY SELLERS
A. Other conditions or defects:
[ ] Yes [eo [ ] Don't now *Are there any other existing material defects
affecting the property that a prospective buyer
should know about?
B. Verification:
The foregoing answers and attached explanations
(if any) are complete and correct to the best of
my/our knowledge and I/we have received a
copy hereof. I/we authorize all of my/our real
estate licensees, if any, to deliver a copy of this
disclosure statement to other real estate
licensees and all prospective buyers of the
property.
Seller's Disclosure Statement - Page 4 of 5
NOTICE TO THE BUYER
INFORMATION REGA DING REGISTERED SEX OFFENDERS MAY BE OBTAINED FROM LOCAL
LAW ENFORCEMENT AGENCIES. THIS NOTICE IS INTENDED ONLY TO INFORM YOU OF
WHERE TO OBTAIN THIS INFORMATION AND IS NOT AN INDICATION OF THE PRESENCE OF
REGISTERED SEX OFFENDERS.
II. BUYER'S ACKNOWLEDGMENT
A. Buyer hereby 3cknowledges 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 observa ion.
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 TH.) � THE DISCLOSURES MADE REIN ARE THOSE OF THE SELLER ONLY,
AND NOT OF ANY REAL ESTATE LICENSEE OR H R RTY.
DATE: I z 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 t ion entitled
Environmental would be yes, Buyer may not waive the receipt of ie E-nvii nmental
section of the Seller Disclosure Statement.
DA E: iL BUYER
Seller's Disclosure Statement - Page 5 of 5
EXHIBIT C
FIDELITY NATIONAL TITLE COMPANY OF WASHINGTON,
INC. COMMITMENT NO. 611334644
SCHEDULE B, PART II - Exceptions
Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This
Commitment and the Policy treat any Discriminatory Covenant in a document referenced in Schedule B as if each
Discriminatory Covenant is Redacted, repudiated, removed, and not republished or recirculated. Only the
remaining provisions of the document will be excepted from coverage.
The Policy will not insure against loss or damage resulting from the terms and conditions of any lease or easement
identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company:
GENERAL EXCEPTIONS
A. Rights or claims of parties in possession, or claiming possession, not shown by the Public Records.
B. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be
disclosed by an accuratI and complete land survey of the Land.
C. Easements, prescrip ive rights, rights-of-way, liens or encumbrances, or claims thereof, not shown by the
Public Records.
D. Any lien, or right to a lien,for contributions to employee benefit funds,or for state workers'compensation, or
for services, labor, or material heretofore or hereafter furnished, all as imposed by law, and not shown by the
Public Records.
E. Taxes or special assessments which are not yet payable or which are not shown as existing liens by the Public
Records.
F. Any lien for service, installation,connection, maintenance,tap, capacity,or construction or similar charges for
sewer,water, electricity, natural gas or other utilities, or for garbage collection and disposal not shown by the
Public Records.
G. Unpatented mining crims, and all rights relating thereto.
H. Reservations and exceptions in United States Patents or in Acts authorizing the issuance thereof.
I. Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes.
J. Water rights, claims c title to water.
K. Any defect, lien, encumbrance,adverse claim, or other matter that appears for the first time in the Public
Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the
Schedule B, Part I—Requirements are met.
This page is only a part of a 2021 ALTA@ Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without
the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions;and a
counter-signature by the Company or its iss ing agent that may be in electronic form.
Copyright American Land Title Assoc ation. All rights reserved. WNDTI
1 .---
The DT
nn
g
use of this Form(or any derivative hereof)is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment for Title Insurance w-WA Ivod(07/01/2021) Printed: 11.01.23 @ 07:07 AM
Page 7 WA-FT-FTMA-01530.610051-SPS-1-23-611334644
FIDELITY NATIONAL TITLE COMPANY OF WASHINGTON,
INC. COMMITMENT NO. 611334644
SCHEDULE B, PART II - Exceptions
(continued)
SPECIAL EXCEPTION
1. 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, incluc ing but not limited to those based upon race, color, religion, sex, sexual orientation,
familial status, marital st tus, 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 the IZ]at of Yesler's First Addition to the Town of Kent:
Recording No: 52220
2. General and special taxes and charges, payable February 15, delinquent if first half unpaid on May 1, second half
delinquent if unpaid on f I ovember 1 of the tax year(amounts do not include interest and penalties):
Year: 2023
Tax Account No.: 982570-0385-04
Levy Code: 1526
Assessed Value-Land: $110,000.00
Assessed Value-Improvements: $0.00
General and Special Taxes:
Billed: $1,166.66
Paid: $1,166.66
Unpaid: $0.00
3. Liability for Sewer Treatment Capacity Charges, if any, affecting certain areas of King, Pierce and Snohomish
Counties. Said charges could apply to property connecting to the metropolitan sewerage facilities or reconnecting
or changing its use and/or structure after February 1, 1990_
Please contact the King County Wastewater Treatment Division, Capacity Charge Program,for further information
at 206-296-1450 or Fax No. 206-263-6823 or email at CapChargeEscrowOkingcounty.gov.
A map showing sewer service area boundaries and incorporated areas can be found at:
http://Www.kingcounty.gov/services/g is/Maps/vmc/Uti I ities.aspx#4E564EB5E6894 FBC95694BE009A45399
Unrecorded Sewer Capacity Charges are not a lien on title to the Land.
NOTE: This exception will not appear in the policy to be issued.
This page is only a part of a 2021 ALTAO Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without
the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule 8, Part I-Requirements; Schedule 8, Part II-Exceptions; and a
counter-signature by the Company or its iss,ring agent that may be in electronic form.
AMERICAN
Copyright American Land Title Assoc ation. All rights reserved. —TITLE
� 9 uNo riri"s
usunnnox
The use of this Form(or any derivative hereof)is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. All other uses are pr9hibited. Reprinted under license from the American Land Title Association.
ALTA Commitment for Title Insurance w-WA od(07/01/2021) Printed: 11.01.23 @ 07:07 AM
Page 8 WA-FT-FTMA-01530.610051-SPS-1-23-611334644
FIDELITY NATIONAL TITLE �OMPANY OF WASHINGTON,
INC. COMMITMENT NO. 611334644
SCHEDULE 13, PART II -Exceptions
(continued)
4. A deed of trust to secure an indebtedness in the amount shown below,
Amount: $28,200.00
Dated: March 27,2001
Trustor/Grantor: Robert W Peyton, III
Trustee: U.S. Small Business Administration
Beneficiary: Administrator of the Small Business Administration
Recording Date: April 10,2001
Recording No.: 200 0410001655
5. Any unrecorded leaseholds, right of vendors and holders of security interests on personal property installed upon
the Land and rights of te,Aants to remove trade fixtures at the expiration of the terms.
6. To provide an extended coverage lender's policy, general exceptions B and C are hereby eliminated. General
exceptions A and D haves not been cleared.
In consideration of clean g paragraphs A and D of Schedule B, please have the borrower/owner complete the
enclosed affidavit and reIurn to our office for review.
7. Terms and conditions of Decree of Dissolution:
Petitioner: Robert Andrew Cipollone
Respondent: Robert Westmoreland Peyton III
County: King
Court: Superior
Cause No.: 21-3-04140-0
Nature of Action: Legal separation
END OF SCHEDULE B, PART II
This page is only a part of a 2021 ALTAO Cc mitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without
the Notice; the Commitment to Issue Polio the Commitment Conditions; Schedule A; Schedule B, Part 1-Requirements; Schedule B, Part II-Exceptions; and a
counter-signature by the Company or its issu'ng agent that may be in electronic form.
ri
A A5E0.1CAN
Copyright American Land Title Associ tion. All rights reserved. IANn TITLE
The use of this Form(or any derivative t"ereof)is restricted to ALTA licensees and ALTA members in good standing as x
of the date of use. All other uses are pro;ibited. Reprinted under license from the American Land Title Association.
ALTA Commitment for Title Insurance w-WA M d(07/0112021) Printed: 11.01.23 @ 07:07 AM
Page 9 WA-FT-FTMA-01530.610051-SPS-1-23-611334644
EXHIBIT D
WHEN RECORDED ETURN TO:
City Clerk
City of Kent
220 Fourth Avenue South
Kent, Washington 98032
Grantor: Robert Peyton III
Grantee: City of Kent
Abbreviated Legal Description: Parcel No. 982570-0385
Additional Legal Description on: Exhibit "A"
Assessor's Tax Parcel ID No.: 1 STR: SE 12-22-4
Project Name: 2nd and Meeker - City Acquisition
WARRANTY DEED
Robert Peyton III, an individual ("Grantor"), for and in consideration of Ten
Dollars and No/100 ($10.00) and/or other valuable consideration in hand paid,
conveys and warrants to the City of Kent, a Washington municipal corporation
("Grantee"), all his interest, including any after acquired title, in the real property
described in the al Itached and incorporated Exhibit A, situated in King County,
Washington, subject to easements, restrictions, reservations, right-of-way,
covenants, and conditions shown on Exhibit B, Fidelity National Title Order Number
611334644, attached and incorporated.
(Signatures on following page)
WARRANTY DEED - Page 1 of 3
i
GRANTOR:
Name: Robert Peyton III
Title: Owner,
Date:
WARRANTY DEED - Pi ge 2 of 3
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Robert Peyton III is
the person who appeared before me, and said person acknowledged that he signed
this instrument, on oath stated that he was authorized to execute the instrument and
acknowledged it as Ithe owner to be the free and voluntary act of such party for the
uses and purposes mentioned in the instrument.
Dated:
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the
day and year first above written.
(Signature)
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
WARRANTY DEED - Pa je 3 of 3