HomeMy WebLinkAboutCAG2024-441 - Original - Ruth Waller - 115 Naden Avenue South - 9/18/24 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:
Samantha Smith for Tammy White Law
Date Sent: Date Required:
c 09/16/2024 9/17/24
Q Mayor or Designee to Sign. Date of Council Approval:
Q Interlocal Agreement Uploaded to Website WIII go 9/17/24
Budget Account Number: Grant? Yes No�✓
Budget? Yes E]No Type: N/A
Vendor Name: Category:
Ruth Waller Purchase/Sale
Vendor Number: Sub-Category:
Original
0
Project Name: 115 Naden Avenue South Property Purchase
cProject Details: Purchase and Sale Agreement for Ruth Waller related to 115
c Naden Avenue South Property Purchase
40
c
(11.111 Basis for Selection of Contractor:
Agreement $140,000 Other
E *Memo to Mayor must be attached
i Start Date: Termination Date:
a Local Business? Yes WINo*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) Authorized Signer Verified
Notice required prior to disclosure? Contract Number:
Yes❑No CAG2024-441
Comments:
Purchase and Sale Agreement still subject
to Council approval. OK to sign, 9/16/24.
� c
3 0
N
a
Date Received:City Attorney: Date Routed:Mayor's Office 9/18/24 livy Clerk's Offic!9/18/24
adccW22373_7_20 Visit Documents.KentWA.gov to obtain copies of all agreements
rev.20221201
Docusign Envelope ID:7DF6075F-4F99-4B81-BB52-D8D29D4C1878
REAL ESTATE PURCHASE AND SALE AGREEMENT
This Agreement is entered between the CITY OF KENT, a Washington
municipal corporation, ("Buyer") whose mailing address is 220 4t" Avenue South,
Kent, Washington 98032-5895, and Ruth Waller ("Seller") whose mailing address
is 758 Norman Ave NE, Salem, Oregon 97301, for the sale and purchase of real
property as follows:
1. PROPERTY. The Property, which Buyer agrees to buy and Seller agrees
to sell, is commonly known as King County Tax Parcel Number 242204-9120-08 and
located at 115 Naden Avenue South, Kent, WA 98032 (the "Property"). The Property
includes land and a residential structure that has been significantly damaged by
multiple fires, which has created a public nuisance in the City of Kent, Washington.
Separately, Seller has given the Buyer consent to enter the Property and remove the
residential structure and its associated debris. 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 Buyer in full within 5 business days of
termination.
3. PURCHASE PRICE. The total purchase price for the Property is ONE
HUNDRED AND FORTY THOUSAND DOLLARS ($140,000), including Earnest Money,
payable on Closing. From this purchase price amount, the parties agree that Seller
shall net at Closing at least FORTY-SEVEN THOUSAND DOLLARS ($47,000)
("Minimum Net Proceeds"). From the purchase price deposited by Seller, the Escrow
Agent shall: (a) pay-off all debt owed by Seller that is secured against the Property;
(b) reimburse the City for all abatement costs paid to demolish the remaining
structure and remove the public nuisance from the Property; and (c) reimburse the
City for all costs to decommission or remove any underground tanks that exist on the
Real Estate Purchase and Sale Agreement Page 1 of 7
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Property; provided, however, that the City shall be reimbursed only up to a sum that
allows the Seller to receive at Closing the Minimum Net Proceeds. To ensure Seller
receives the Minimum Net Proceeds, the City agrees to pay all other costs necessary
at Closing and to forego receipt of any reimbursement that would otherwise result in
Seller receiving less than the Minimum Net Proceeds.
4. CONTINGENCIES. 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." While Buyer agrees
to waive its right to receive the Disclosure Statement, RCW
64.06.010(7) requires Seller to complete and submit to Buyer the
"Environmental" section of the Disclosure Statement, which Seller
shall complete within 10 business days from the date of mutual
acceptance of the Agreement. Within 10 days of Buyer's receipt
of the Disclosure Statement from Seller, Buyer shall either
approve and accept the Disclosure Statement, or rescind the
Agreement to purchase the Property, in its sole and absolute
discretion. If Buyer does not deliver a written rescission notice to
Seller within the 10-day period, the Disclosure Statement will be
deemed approved and accepted by Buyer.
(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.
5. 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 "'C", free and clear of all liens,
encumbrances or defects except those General Exceptions described in Schedule B,
paragraphs A-C and G-J of Title Report Number 611344568, of Exhibit'"D", attached
Real Estate Purchase and Sale Agreement Page 2 of 7
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hereto and incorporated herein by this reference. All other special exceptions therein,
except that described in paragraphs 1, 2, 3, and 4, 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 "D", 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 purchase 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
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 returned to Buyer.
7. CLOSING COSTS AND PRO-RATIONS. Excise Tax, if applicable, shall
be paid by Buyer, except for those fees which are expressly limited by Federal
Regulation. 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. Escrow fees shall be paid by Buyer.
8. CLOSING OF THE SALE. WITH THE UNDERSTANDING THAT TIME IS
OF THE ESSENCE FOR 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.
Real Estate Purchase and Sale Agreement Page 3 of 7
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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. 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:
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.
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
Real Estate Purchase and Sale Agreement Page 4 of 7
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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 said 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 said
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
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.
Real Estate Purchase and Sale Agreement Page 5 of 7
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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:
Kurt Hanson
Director of Economic and Community Development
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(b) All notices to be given to Seller shall be addressed as follows:
Ruth Waller
758 Norman Ave NE
Salem, OR 97301
(c) All notices to be given to Escrow Agent shall be addressed as follows:
Deneen Person
Fidelity National Title
5006 Center Street, Suite J
Tacoma, WA 98409
Either party hereto may, 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 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.
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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, 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 verbal 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 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
September 25, 2024, 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 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 KENT SELLER: RUTH WALLER
Signed by:
By B
Ralp y -Dana saeocsa7o�4F44B.. property Owner
h, Ma or ixuui ��u,1�. ,
Dated: 09/18/2024 Dated: 9/13/2024
Real Estate Purchase and Sale Agreement Page 7 of 7
EXHIBIT "A"
Legal Description
For APNJPareel II]tsM: 242204-9120-08
Parcel A:
That portion of Govem meat Lot 4 and the Southeast quarter of the h arhwest quarter of Section 24,7ownship 22 North,
Range 4 East of the Willamette Meridian,in King County,Washington,described as follows:
Beginning ing at a point on the West line of Haden Avenue in the City of Kert, 121)feet South of the intersection of the South
line of West Meeker Street with the said West line of Naden Avenue;
Thence continuing South,along the West line of said Naden Avenue,100 feet;
Thence West,85 feet;
Thence Northerly,on a line parallel with the L4est line of Haden Avenue,BD feet;
Thence East to the Point of Beginning_
Parcel 8
An easement for a sewer as established in that certain Warranty deed and Easement recorded under Recording No_
U191548 go upon the following described land:
A strip of land 5 feet in width 2 1/feet each side of the centerline of which begins at a poi nt 120 feet South and 82 Y4 feet
West of th e i ntersedion of th a South line of West Meeker Street and the VY est lin a of Naden Avenue;
Thence Northerly,parallel with the West line of Naden Aven ue, 121)feet, more or less,to the South I ine of W est M eeker
Street-
Situate in the County of icing,State of Washington_
Real Estate Purchase and Sale Agreement Page 1 of 1
EXHIBIT B
SELLER'S DISCLOSURE STATEMENT
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). 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 115 NADEN AVENUE SOUTH, KENT, WASHINGTON, ("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 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/ is not occupying the property.
Seller's Disclosure Statement - 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.
I. T=T==
Don't
pFepeFty? if ne, please explain.
the fellewing?
(2) 9ptien
\-/
(4) Life
estate?
Don't
1
t knew *F. AFe theFe any rights of way, easements,
Don't
Don't
2. WATE
LTA /
Seller's Disclosure Statement - Page 2 of 5
3. t•rWrn GN SITE WAGE SYSTEM
yeuF FegulaFly billed seweF OF On site sewage
. S �cvC-rvnrcL
leaked within the last five years?
E ] Yes E NO E Den't knew *A. Has the Feef leaked within the last five
Don't weFe all building peffnit
i
weFe all final inspectiens
E Yes E NO E Den't knew *E) Has there been an settling, slippage, OF
n Slab Re-er-9
IJ v"1e
S. CVCT S AND FIXTURES
systerns? if yes, please explain.
i
Seller's Disclosure Statement - Page 3 of 5
6. ENVIRONMENTAL
[ ] Yes [ ] 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 [ ] No [ ] Don't know *B. Is there any material damage to the
property from fire, wind, floods, beach
movements, earthquake, expansive soils, or
landslides?
[ ] Yes [ ] No [ ] Don't know *C. Are there any shorelines, wetlands,
floodplains, or critical areas on the property?
[ ] Yes [ ] No [ ] Don't know *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 [ ] No [ ] Don't know *E. Is there any soil or groundwater
contamination?
[ ] Yes [ ] No [ ] Don't know *F. Has the property been used as a legal or
illegal dumping site?
[ ] Yes [ ] No [ ] Don't know *G. Has the property been used as an illegal
��
drug manufacturing site?
�L 7. FULL
DISCLOSURE
RE BY
SELLERS
Yes E I Ne E 1 Don't know *Are theFe any etheF existing mateFial defects
(if any) are eengplete and eeFreet te the best ef
estate i if any,
arSCTvscrF"
statement te etheF real estate
licensees and aim pr-espective buyeFS of the
Seller's Disclosure Statement - Page 4 of 5
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.
II. 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: 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.
DATE: BUYER
Seller's Disclosure Statement - Page 5 of 5
EXHIBIT C
WHEN RECORDED RETURN TO:
City Clerk
City of Kent
220 Fourth Avenue South
Kent, Washington 98032
Grantor: Ruth Waller
Grantee: City of Kent
Abbreviated Legal Description: Portion of Government Lot 4 and the Southeast
Quarter of the Northwest Quarter of Section 24, Township 22 North, Range 4 East of
the Willamette Meridian, in King County, Washington
Additional Legal Description on: Exhibit "A"
Assessor's Tax Parcel ID No.: 242204-9120-08
WARRANTY DEED
Ruth Waller, 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 her interest, including any after acquired title, in the real property described in
the attached 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 611344568,
attached and incorporated.
(Signatures on following page)
WARRANTY DEED - Page 1 of 2
GRANTOR:
Name: Ruth Waller
Title: Owner
Date:
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Ruth Waller is the
person who appeared before me, and said person acknowledged that she signed this
instrument, on oath stated that she was authorized to execute the instrument and
acknowledged it as the 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 , residing at
My appointment expires
WARRANTY DEED - Page 2 of 2
EXHIBIT D
FIDELITY NATIONAL TITLE COMPANY OF WASHINGTON,
INC. COMMITMENT NO. 611344568
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 accurate and complete land survey of the Land.
C. Easements, prescriptive 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 claims, 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 or 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 apart 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 8, Part I-Requirements; Schedule 8, Part If-Exceptions; and a
counter-signature by the Company or its issuing agent that may be in electronic form.
AMECopyright American Land Title Association. All rights reserved. LAND TITLE
LAND TITLF.
ASSOCIATION
The use of this Form (or any derivative thereof)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 Mod(07/01/2021) Printed: 09.12.24 @ 10:24 PM
Page 7 WA-FT-FTMA-01530.610051-SPS-1-24-611344568
FIDELITY NATIONAL TITLE COMPANY OF WASHINGTON,
INC. COMMITMENT NO. 611344568
SCHEDULE B, PART II - Exceptions
(continued)
SPECIAL EXCEPTIONS
1. Terms, conditions, and obligations arising from the easement described as Parcel B in Schedule A.
2. Covenants, conditions, restrictions, obligations and easements as set forth in the Warranty Deed and Easement,
Recording Date: June 24, 1949
Recording No.: 3913648
3. Easements for the purposes shown below and rights incidental thereto as set forth in a document:
In favor of: City of Kent
Purposes: Temporary construction for sewer line
Recording Date: September 30, 1974
Recording No.: 7409300528
Affects: The Easterly 10 feet
4. Ordinance No. 4431 and terms and conditions set forth therein,
Executed by: City of Kent
Recording Date: September 21, 2022
Recording No.: 20220921000270
Which among other things provides: Vacating a portion of Naden Street, also known as Naden Avenue, and
reserving an easement.
5. Taxpayer of the Land has qualified for a senior citizen exemption. Contact the County Treasurer to determine if
said exemption has been or will be cancelled and to determine the amount of any tax payment due.
6. A deed of trust to secure an indebtedness in the amount shown below,
Amount: $80,000.00
Dated: June 24, 2020
Trustor/Grantor: James Edward Waller and Ruth Lynn Waller, husband and wife
Trustee: UPF Washington Incorporated
Beneficiary: Cascade Federal Credit Union
Recording Date: July 2, 2020
Recording No.: 20200702001610
END OF SCHEDULE B, PART II
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 issuing agent that may be in electronic form.
AMECopyright American Land Title Association. All rights reserved. LAND TITLE
LAND TITLF.
ASSOCIATION
The use of this Form (or any derivative thereof)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 Mod(07/01/2021) Printed: 09.12.24 @ 10:24 PM
Page 8 WA-FT-FTMA-01530.610051-SPS-1-24-611344568
FIDELITY NATIONAL TITLE COMPANY OF WASHINGTON,
INC. COMMITMENT NO. 611344568
COMMITMENT CONDITIONS
1. DEFINITIONS
a. "Discriminatory Covenant": Any covenant, condition, restriction, or limitation that is unenforceable under applicable law because it illegally
discriminates against a class of individuals based on personal characteristics such as race, color, religion, sex, sexual orientation, gender
identity,familial status,disability, national origin,or other legally protected class.
b. "Knowledge"or"Known": Actual knowledge or actual notice, but not constructive notice imparted by the Public Records.
C. "Land": The land described in Item 5 of Schedule A and improvements located on that land that by State law constitute real property. The
term "Land" does not include any property beyond that described in Schedule A, nor any right, title, interest, estate, or easement in any
abutting street, road, avenue, alley, lane, right-of-way, body of water, or waterway, but does not modify or limit the extent that a right of
access to and from the Land is to be insured by the Policy.
d. "Mortgage": A mortgage, deed of trust, trust deed, security deed, or other real property security instrument, including one evidenced by
electronic means authorized by law.
e. "Policy": Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company
pursuant to this Commitment.
f. "Proposed Amount of Insurance": Each dollar amount specified in Schedule A as the Proposed Amount of Insurance of each Policy to be
issued pursuant to this Commitment.
g. "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.
h. "Public Records": The recording or filing system established under State statutes in effect at the Commitment Date under which a document
must be recorded or filed to impart constructive notice of matters relating to the Title to a purchaser for value without Knowledge. The term
"Public Records" does not include any other recording or filing system, including any pertaining to environmental remediation or protection,
planning, permitting,zoning,licensing, building, health, public safety,or national security matters.
i. "State": The state or commonwealth of the United States within whose exterior boundaries the Land is located. The term "State" also
includes the District of Columbia,the Commonwealth of Puerto Rico,the U.S.Virgin Islands,and Guam.
j. "Title": The estate or interest in the Land identified in Item 3 of Schedule A.
2. If all of the Schedule B, Part I-Requirements have not been met within the time period specified in the Commitment to Issue Policy, this
Commitment terminates and the Company's liability and obligation end.
3. The Company's liability and obligation is limited by and this Commitment is not valid without:
a. the Notice;
b. the Commitment to Issue Policy;
c. the Commitment Conditions;
d. Schedule A;
e. Schedule B, Part I-Requirements;and
f. Schedule B, Part II-Exceptions;and
g. a counter-signature by the Company or its issuing agent that may be in electronic form.
4. COMPANY'S RIGHT TO AMEND
The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse
claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment
Condition 5. The Company is not liable for any other amendment to this Commitment.
5. LIMITATIONS OF LIABILITY
a. The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's actual expense incurred in the interval between
the Company's delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the
Proposed Insured's good faith reliance to:
i. comply with the Schedule B, Part I-Requirements;
ii. eliminate,with the Company's written consent,any Schedule B, Part II-Exceptions;or
iii. acquire the Title or create the Mortgage covered by this Commitment.
b. The Company is not liable under Commitment Condition 5.a. if the Proposed Insured requested the amendment or had Knowledge of the
matter and did not notify the Company about it in writing.
c. The Company is only liable under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the
Commitment included the added matter when the Commitment was first delivered to the Proposed Insured.
d. The Company's liability does not exceed the lesser of the Proposed Insured's actual expense incurred in good faith and described in
Commitment Condition 5.a.or the Proposed Amount of Insurance.
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 issuing agent that may be in electronic form.
AMECopyright American Land Title Association. All rights reserved. LAND TITLE
LAND TITLF.
ASSOCIATION
The use of this Form (or any derivative thereof)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 Mod(07/01/2021) Printed: 09.12.24 @ 10:24 PM
Page 9 WA-FT-FTMA-01530.610051-SPS-1-24-611344568
FIDELITY NATIONAL TITLE COMPANY OF WASHINGTON,
INC. COMMITMENT NO. 611344568
(continued)
e. The Company is not liable for the content of the Transaction Identification Data, if any.
f. The Company is not obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I-Requirements have been
met to the satisfaction of the Company.
g. The Company's liability is further limited by the terms and provisions of the Policy to be issued to the Proposed Insured.
6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT; CHOICE OF LAW AND CHOICE OF FORUM
a. Only a Proposed Insured identified in Schedule A,and no other person, may make a claim under this Commitment.
b. Any claim must be based in contract under the State law of the State where the Land is located and is restricted to the terms and provisions
of this Commitment. Any litigation or other proceeding brought by the Proposed Insured against the Company must be filed only in a State or
federal court having jurisdiction.
c. This Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this
Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind,whether written or oral, express
or implied, relating to the subject matter of this Commitment.
d. The deletion or modification of any Schedule B, Part II-Exception does not constitute an agreement or obligation to provide coverage beyond
the terms and provisions of this Commitment or the Policy.
e. Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.
f. When the Policy is issued,all liability and obligation under this Commitment will end and the Company's only liability will be under the Policy.
7. IF THIS COMMITMENT IS ISSUED BY AN ISSUING AGENT
The issuing agent is the Company's agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is
not the Company's agent for closing,settlement,escrow,or any other purpose.
8. PRO-FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A
pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment
to insure.
9. CLAIMS PROCEDURES
This Commitment incorporates by reference all Conditions for making a claim in the Policy to be issued to the Proposed Insured. Commitment
Condition 9 does not modify the limitations of liability in Commitment Conditions 5 and 6.
10. CLASS ACTION
ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS COMMITMENT, INCLUDING ANY SERVICE OR OTHER MATTER IN
CONNECTION WITH ISSUING THIS COMMITMENT, ANY BREACH OF A COMMITMENT PROVISION, OR ANY OTHER CLAIM OR DISPUTE
ARISING OUT OF OR RELATING TO THE TRANSACTION GIVING RISE TO THIS COMMITMENT, MUST BE BROUGHT IN AN INDIVIDUAL
CAPACITY. NO PARTY MAY SERVE AS PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY CLASS OR REPRESENTATIVE
PROCEEDING. ANY POLICY ISSUED PURSUANT TO THIS COMMITMENT WILL CONTAIN A CLASS ACTION CONDITION.
11. ARBITRATION -INTENTIONALLY DELETED
END OF CONDITIONS
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 issuing agent that may be in electronic form.
AMECopyright American Land Title Association. All rights reserved. LAND TITLE
LAND TITLF.
ASSOCIATION
The use of this Form (or any derivative thereof)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 Mod(07/01/2021) Printed: 09.12.24 @ 10:24 PM
Page 10 WA-FT-FTMA-01530.610051-SPS-1-24-611344568