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Home My WebLink About941RESOLUTION NO. tjl{-( A RESOLUTION of the City Council of the City of Kent, Washington, authorizing acquisition of certain real property within the City of Kent and authorizing execution of appropriate documents relative to said acqui- sition. WHEREAS, the City of Kent has previously adopted a Comprehensive Park Plan, and WHEREAS, the plan provides for acquisition and or de- velopment of park facilities in various portions of the city, including the area in the vicinity of Kent-Meridian High School, and WHEREAS, location of park facilities in said vicinity is also consistent with the King County Forward Thrust Program, and WHEREAS, the city has been negotiating with certain property owners for the acquisition of property near Kent-Meri- dian High School, said property being described in Exhibit "A" attached hereto and incorporated herein by reference, and WHEREAS, the Kent School District has agreed to par- ticipate in funding of the acquisition of the property, and WHEREAS, King County Forward Thrust monies are also available to help defray the costs of the acquisition, and WHEREAS, the city has applied for a grant from Inter- agency Committee for Outdoor Recreation, which grant, if approved, would further reduce the city's cost of acquisition, and WHEREAS, said acquisition is in the best interests of the citizens of the City of Kent and the Kent School District, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DO HEREBY RESOLVE AS FOLLOWS: Section 1. Acquisition of that certain real prop- erty described in Exhibit "A" attached hereto and incorporated herein by reference, together with all personal property located thereon be and the same hereby is authorized. Section 2. The Mayor of the City of Kent be and hereby is authorized to execute on behalf of the city that cer- tain document entitled "Contract of Purchase and Sale" attached hereto as Exhibit "B" and incorporated herein by reference as if fully set forth herein. Section 3. The Mayor is further authorized to ex- ecute on behalf of the City of Kent a real estate contract as provided in Section 2B of the Contract of Purchase and Sale, as well as any other documents required to be signed by the City of Kent in accordance with provisions of the Contract of Purchase and Sale. Section 4. Authority be and hereby is granted for the appropriation of funds from the Kent School District, King County Forward Thrust, City's General Fund or such other funds as the Council may direct for the purpose of making any payments required of the City of Kent under the terms of the Contract of Purchase and Sale, real estate contract, escrow instructions, or any other obligations incurred by the City of Kent in connection with acquisition of the above described property. PASSED at a Special Meeting of the Kent City Council this 30th day of November, 1~ ~ ~o[/r~ ATTEST: ~~ MARIE JENSEN, CITY CLERK ~OVED AS TO FORM: ··~ DONALD E. MIRK, CITY ATTORNEY tion No. I hereby certify that this is a true copy of Resolu- 94/ , passed by the City Council of the City of Kent, the 30th day of November, 1981. -~--_. _· -~-· -M--~---R-:o~-.~;..,.-,-+,J=E~N=s=EN~?--=c=-=I:-:=T-:-:-Y-C:::-:L:-::E:-::R:":":K~------( SEAL) - 2 - CONTRACT OF PURCHASE AND SALE THIS AGREEMENT is made as of December 1, 1981, by and between NORMAN G. HEUTMAKER, JR. and SHEILA M. HEUTMAKER, husband and wife (Heutmaker) and the CITY OF KENT, (Kent), as set forth below: R E C I T A L S: A. WHEREAS, Heutmaker is the contract purchaser of certain real property located in Kent, County of King, State of Washing- ton, more particularly described on Exhibit A attached hereto and by this reference incorporated herein (Property). B. WHEREAS, Kent is an incorporated municipality and is identified in the laws of the State of Washington as such. Kent's municipal boundaries are fully within King County, Washington. c. WHEREAS, For legitimate and compelling municipal pur- poses, Kent seeks to acquire the Property from Heutmaker. In this connection, Kent has passed Resolution No. 941 of the 30th day of November, 1981, which speaks to the acquistion. D. WHEREAS, Kent has plenary authority to acquire the Property under either its general municipal authority or its condemnation authority. Kent has advised Heutmaker that Kent is prepared to acquire the Property by condemning it or by purchasing it from Seller in a voluntary sale. E. WHEREAS, Kent and Heutmaker recognize that the potential for condemnation exists on the day that Kent and Heutmaker execute this Agreement and continues up through and including closing of the transfer of ownership. F. WHEREAS, Kent only has the authority and funds available to pay $613,000 for acquisition of the property. G. WHEREAS, Heutmaker has an MAI appraisal of the Property substantially in excess of the City's funding limit of $613,000. H. WHEREAS, To avoid costly litigation in preparing for condemnation, Heutmaker is willing to make a donation to Kent for -1- the dollar difference between Heutmaker' s MAI appraisal and the City of Kent's funding limit of $613,000. NOW, THEREFORE, it is hereby agreed as follows: 1. Entire Agreement. This agreement contains all of the agreements and understandings of the parties hereto regarding the Property, and shall be the binding contract as to the performance of the parties. 2. shall be Purchase Price. The Six Hundred Thirteen purchase price Thousand and for the no/100 Property ($613,000) Dollars, payable on the following terms and conditions: A. Down Payment: Total payment shall be payable as follows: (1) Kent shall deliver to escrow Five Thousand Dollars ($5,000) as earnest money within two business days of execution of this agreement by the parties. Said earnest money shall be released to Heutmaker as part of the down payment on closing of this transaction. ( 2) Kent shall pay an additional Fifty-Five Thousand Dollars ($55,000) upon closing. B. Real Estate Contract: The balance of the purchase price shall be handled on a standard Real Estate Contract using Chicago Title Insurance Company Form No. A-1964 (See Exhibit B attached hereto), the terms of which are included herein by reference. The terms of said Real Estate Contract shall be as follows: ( 1 ) The contract balance of Five Hundred Fifty-Three Thousand Dollars ($55 3, 000) shall bear zero ( 0) interest from date of closing to June 30, 1982. (2) Kent shall pay Thirty Thousand Dollars ($30,000) to be credited against the principal balance on July 1, 1982. ( 3) The contract balance from July 1, 1982 through -2- June 30, 1983 shall bear interest at nine percent (9%) per annum and shall be paid in twelve monthly installments beginning August 1, 1982 or, at Kent's option, may be paid in two equal payments on July 1, 1982 and January 1, 1983. ( 4) Beginning July 1, 1983, said contract shall provide for forty-eight (48) monthly installments of Thirteen Thousand Two Hundred Sixty-Four Dollars and 63/100 ($13,264.63) [Five Hundred Twenty-Three Thousand Dollars ( $523,000) amortized over four years at ten percent ( 10%)], including interest at ten percent (10%) per annum computed on the diminishing principal balance. Interest shall commence on July 1, 1983. The first monthly installment shall be due on August 1, 1983. The entire contract balance shall be due on June 1, 1987. (5) Kent reserves the right to pay the entire balance on the contract or any portion thereof at any time without prepayment penalty or notice. 3. Title A. Title Insurance: Heutmaker agrees to furnish and deliver to the office of the escrow agent a standard form Purchaser's Policy of Title Insurance issued by Chicago Title Insurance Company. Heutmaker agrees to apply at once for such title insurance policy. Said title insurance policy shall contain no exceptions other than those provided for in said standard form, plus encumbrances or defects noted in Paragraph 3B below. Delivery of said policy to the escrow agent named herein shall constitute delivery to Kent. If title is not so insurable as provided herein, and cannot be made so insurable by the closing set forth herein, the earnest money shall be refunded and all rights of purchase terminated; provided that Kent may waive defects and elect to purchase. If title is so insurable and Kent fails or refuses to complete purchase, the earnest money shall be forfeited as liquidated damages; provided Heutmaker elects not to -3- institute a suit to enforce any rights which he may have under this agreement. B. Title Encumbrances: Attached hereto as Exhibit C and D are preliminary title reports issued by Chicago Title Insurance Company on June 5, 1981 and April 18, 1980 (with a June 16, 1981 supplemental report), respectively. Title to the property at closing shall be free of all encumbrances, or defects, except the following: (1) Standard exceptions found in Chicago Title Insurance Company ALTA Owner's Standard Policy. (2) Real estate taxes not then due and owing. (3) Rights reserved in federal patents or state deeds, building or use restrictions general to the district and building, zoning or land use regulations, ordinances, or statues. (4) Such title defects as purchaser may approve in writing. (5) The following exceptions shown on Exhibit C: Nos. 11, 12, 14, and 15. ( 6) The following exceptions shown on Exhibit D: Nos. 11, 12, 13, 14 and 15. (7) All liens filed by the City of Kent for any LID amounts levied by the City of Kent. (8) Any encumbrances, liens or other charges to be discharged by seller may be paid out of the proceeds available at closing. C. Vesting of Title: The real estate contract shall provide that title be conveyed by Fulfillment Deed which shall be deposited into escrow at closing. Since the property is subject to an existng Real Estate Contract, Heutmaker agr..ees to pay said contract in accordance with its terms, and upon default, Kent shall have the right to make any payments necessary to remove the default and any payments so made shall be applied to the payments -4- - next falling due on the contract between Heutmaker and Kent. 4. Prorations. All real estate taxes, utilities, prorated as and of amounts paid on underlying contracts shall closing. Heutmaker's rights to any prepaid deposits will be assigned to Kent at closing. be rent and security 5. Possession. Kent shall be entitled to possession of the property on the date of closing. 6. Personal Property. The property shall include all of Heutmaker's right, title, and interest in and to all personal property of any type whatsoever located at the property, including all fixtures, furnishing and equipment, laundry equipment, keys, owner's manuals, and warranties. 7. Representations and Warranties. Kent represents and warrants that it has the authority to purchase the property from Heutmaker in accordance with the terms of this Agreement. Spec~fically, under its general powers and its power to incur indebtedness, it is legally able to purchase the Property; and it is legally able, under its condemntion authority, to pay the full purchase price. 8. hereof Maintenance of Single Family Residence. and closing, Heutmaker will continue Between the date to maintain the property in a good condition and repair, ordinary wear and tear, damage by fire or other casualty, or by acts of God and the elements, excepted. Heutmaker to maintain existing fire insurance on 1=esidence until closing. In the event of destruction which results in a successful insurance claim, then the proceeds of said policy shall be paid to Kent. 9. Escrow. Concurrently with the execution hereof, the parties shall establish an escrow at Chicago Title Insurance Company, for the closing of this transaction and for the receipt, delivery and recording of the documents and instruments to be delivered and recorded on the full satisfaction of the terms and -5- ''-·~----- conditions of this agreement. A. Escrow Instructions: The parties hereto agree to execute and deliver such reasonable escrow instructions and such other reasonable documents and instruments as may be required by the escrow agent to consummate this transaction pursuant to the terms hereof, and to convey the property from Heutmaker to Kent: provided that it is specifically understood that any such instruction executed and delivered shall not in any way supercede or replace the terms and provisions of this agreement, but shall be deemed to be supplemental to the terms hereof and a means to carry out and consummate the transaction contained in this agreement. To the extent possible, this agreement shall constitute escrow instructions binding upon the escrow agent. B. Deposits into Escrow by Heutmaker: On or before date of closing, Heutmaker shall deposit in escrow with the escrow agent a fully executed real estate contract, and Fulfillment Deed. c. Deposits into Escrow by Kent: On or before the date of closing, Kent shall deposit in escrow with the escrow agent a fully executed Real Estate Contract, together with cash or cashier's check in the total amount of $60,000 as set forth in paragraph '2(a) above. D. Closing Costs: ( 1) At closing, Heutmaker shall pay the following charges and expenses from funds available at closing: (a) An amount equal to the premium for the issuance of the escrow agent's standard form title insurance policy in which Kent shall be named as owner. (b) One-half of the escrow fees. (c) Heutmaker's portion of any items to be prorated to the date of closing as set forth above. ( 2) The purchaser shall pay the following charges and expenses: -6- (a) One-half of the escrow fees. (b) The cost of recording the real estate contract. (c) Kent's portion of the items to be prorated to the date of closing as set forth above. 10. Date of Closing. The closing of this transaction shall occur on January 5, 1982. 11. Notices. Any payments or notices required to be given under this agreement shall be in writing and sent, postage prepaid, by certified, registered mail, return receipt requested, and addressed to the party to receive not ice at the following address or at such other addresses as the party from time to time may direct, in writing: Heutmaker: Kent: Norman G. Heutmaker, Jr. c/o s. Michael Rodgers 11111 N.E. Third Bellevue, Washington 98004 City of Kent c/o Barney Wilson, Director Kent Parks & Recreation 220 s. 4th Avenue Kent, Washington 98031 12. Destruction of Improvements. If prior to closing, improvements on said property shall be destroyed or materially damaged by fire or other casualty, the terms and conditions of this agreement shall continue to be effective, including, but not limited to, the purchase price, subject, however, to the provision of Section 8 above. 13. Attorney's Fees. If any legal action, arbitration or other proceeding is commenced to enforce or interpret any pro- vision of this agreement, the prevailing party shall be entitled to an award of its actual expenses, including without limitation, expert witness fees and attorney's fees and disbursements. The phrase •prevailing party• shall include a party who receives sub- stantially the relief desired, whether by settlement, dismissal, summary judgments, or otherwise. -7- 14. Real Estate Commissions. Each party represents that he has not had any dealings with any broker, finder, or other person who would be entitled to a fee as a result of any transaction under this agreement. Each party shall hold each other party harmless for all claims (including attorney's . fees) that may be asserted against such other party by any broker, finder or other person with whom the first party has, or purportedly has dealt. 15. Acceptance of this Agreement. The City of Kent must accept this agreement and deliver an executed copy hereof to Heutmaker by 9:00 P.M., December 1, 1981, or this agreement shall be null and void. 16. Miscellaneous. A. This agreement constitutes the entire agreement between the parties. B. All rights and obligations arising out of this agreement shall inure to the benefit of and be binding upon their respective successors, heirs, assigns, administrators, executors, and marital communities, if any, of the parties hereto. c. This agreement shall be construed, interpreted, and enforced pursuant to the laws of the State of Washington. D. Time is of the essence hereof. E. The captions and section headings are inserted for convenience and shall not be deemed to limit or expand the meaning of any section. F. If any provision of this agreement shall prove to be invalid, void, or illegal, it shall be no way effect, impair or invalidate any of the other provisions hereof. G. Waiver by one party of the performance of any covenants, condition or promise shall invalidate this agreement, nor shall it be considered to be a waiver by such party of any other promise hereunder. -8- 17. Contract Collection. The real estate contract referred to in Paragraph 2B above shall be collected at Peoples National Bank, Kent Branch. IN-WITNESS WHEREOF, the undersigned have executed the within and foregoing agreement as of the dates hereafter written. DATED THIS I Sf day of December, 1981. ,-' . it !;; _. " 7 ~..L/1/ .. .I >40 f { l ,( / ;7 !'( LJ1 ~ ({ 1'7V-L/-j_j A--" SHEILA M. HEUTMAKER . The City of Kent on this 1st hereby accepts and approves the above agreement 896-36A day of DECEMBER , 1981 • -9- . ~l{elh~ ISABEL HOGAN, Mayor ________ _ City of Kent r~~~ MARIE JENSE~/ Clerk \. City of Kent EXHIBIT A The property referred to in that certain Purchase and Sale Agreement between Heutmaker and Kent, dated December 1981, is described as follows: PARCEL A All of Block 46 of R. 0. Smith's Orchard Tract Addition to.the City.of Kent, Washington, ~cording to the plat thereof recorded in Volume 12 of Plats, on page 27, records of King County, Washington; situate in the County of King, state of Washington. PARCEL B The north 1/2 of the northeast 1/4 of the southeast 1/4 of the southeast 1/4 of Section 19, Township 22 North, Range 5 East, W.M.; EXCEPT the west 100 feet of the east 450 feet thereof. PARCEL C The north 1/2 of the northeast 1/4 ~f the southeast 1/4 of the southeast 1/4 of Section 19, Township 22 North, Range 5 East, W.M., in King County, Washington; EXCEPT the east 450 feet thereof. '\ • .... )<-~ . AMERICAN LANIJ :TITLE ASSOCIATION COMMITMENT ·' ,J· !I·,. ' ... · .!'--, ., I ·N s·u R A N C:E· <, ; . I• • ._1 ": .... r r • r'·, ,-~ /966 .; . ~ :i ' ., -~ ~·. . ' ·.I . t -~ :·· '•' 1 '; , ~ ,,;'!' !. '•(' 't. j ... ~,, . I' , .•. ; '' ' . '! ! • d. ,( · ·COMMITMENT FO~ TITlE INSURANCE ~.: r•·; 1 · ; ··: ·l',.;\1 ·.• '' •: •.•. _ .• ';,;;''• ·-::: '!_;·· .· .. (< ·' '·, ).~:, .. <.'-:/. ,'; ;,·:·:·_:·,'.! . _-,·;,, : CHICAGO .iTHLE . .INSURANCE .COMPANY, 'a c-o~oration of Missouri,: herein called the Company.> . . tor :a ,;,Juablc co~~ideration; hereby commits to issue its policy or policies o( title Insurance, as identified in~-· .. ~i·.'. ~hcdule A, in favo~ of the prop~se<'l lnsur~-d named in Schedule A, as owner or mortgagee of the estate or ,. : .. lri'tcrcst covered pcrcby in'the land described or r.eferredto.in Schedule A,•upon payment <{the premiums and ,. ~~ · charges therefor; all subjec~ t~ tlie provisions of Schedu.les A and 8, to the Exclusions from Coverage. ( ~ppcaring herein) and to the Cond~tions and St!pulat.ion,s hereof. · . ~ · < ·., · ' '.·,: . : J· . : ·~ ,·: · ·~ :--: • J .t ". ~ 7 ; ~ (" ·r 1 ~ • { I • -'' ·, ,, . 1 . . .. ~ • · .. ;:: ; This Commitmerlt shall be' effd~ti~-e only wnen the identity of the 'pr,oposed ·.Insured and the amount of ' 2·):~-thc·p(l)jey or poli,cics ·con.lmit~cd fo; J,ayc been inserted in Schedule A'hercof by the Co~p~ny, either at the :\~-'i:!mc ~f the iS!;U;tnce of this Commitm,ent o.r. by subsequent endorsement.. ·: ; ' :• ., I.' • <C· '' ~ : ' 1 .'~'-,::.~ r: ,~ : '. . __ : ":t, .-_~,. •• •. :~'.'!<· . . . ~t~-~. :. ; ··:. i .. rt i· ' : _ .• : ..... '>· ·-~ ·~ .),. : .. -·t rJ ; f ;.'; -~-~ -·~\ ... h. ,,;, .. . . . . Th)!; Lomrnitmcnl is prefinlinary.'tothe'i.ssuance of such: policy Of poli(;j~$ of title insurance and all liability . .· . . . " . '<~r\1 oh1ig;tlillrl;. hc.rcunJcr ·~hail cease and \~rminatc. siK. months .aftere the 'effective date hereof or . when the' .... ,-~. • J, • ' • t ~ ~ . •• . • ! ~ •· . ( • • . • '' . , ' ~--~,,~tC)' or policic'> conimi,~~cd_Jor shall, is~.uc:·w~ich~vcr first occurs, "provide~, that: the failure 'to ~~ssue such policy· ' · or.policicsis.notlhcfaultofth~Corripany.> ,'f~-·~·-i;-'. '<-•·' ·. : :; ·,,{ ,:;.;: \.,..•·.,:: ~:· 'J_,·.~':..• ·.-'.":·· ,' ,•:" I:_."'~·-·~.· ~·til.·.,:~~--. ._ :0 '• ,i_ •• l'l .'. ·, ... -1 • • .t ,.' .. • <' • ~~J· : ,.. _, : .· IN WITNESS WHEREOF. Chicago Title Insurance Comparw has caused this Commitment to be signed .. ~- ,: '' -~· -:" otnJ 'sealed as or .the cffectivd da-te .o( Commitment shown. in Schedule. A, the· Commitment to become vali4 ,. ~ ' .. '; ' .. -'t .... ' ·:· .• . . • '·' • • . . :;_:.,.. <' ' ;, 'when counter~igncd by ~n :authorized signatory. .~ · .!•· · . . i ~ : ,·. :" ;··~'• • ;; • ....,,.,.,., ;-•• _. \'1,. ~-._.Y ;' ' .:.:.~'· {\, \,s ~;. •• l: ~:J- t -.. ,_ ·• , ,-; . .,_:=.-·:;::,~·· · ... " .. ':· CHICAGO ;f.ITLE INSURANCE COMPANY . .t~. f.: ' "'.~';~'·:::/ :·: ' ~ ;i:;? : ' :· .. ·' ~; . m: '. i~~~~~_;IT;~;:~i~A!~~~~~~rA~; ...... , : ·-~,.':, ··· .. , l; w ,(·. c .i';~ i '',; . ]] : A:ES,t~··· ' :./ ' ... f. it'(\ : ·~· , .. ·c . . ~->0~-· -~ •• . .• r ~ ~.-• .. ·~ ~..,_.;;.___...;..~':':-_~ .. • .,1 -p., 1 •• r~: i;r_~-,<:: ... , ;, · ~:.<_._c;i4e_· -~ ::·~ '<... /-.' ~--··_,:_·,_',.' !..f. ·t.,' .,·· .~,-y·--~~ .. ~~ ''//-h".:·, ;·: ','·• .•.. ·'··''''._ . _;. : ........ -~ -. ,· /,-!,. ·' f,-~·--. ' .: ... t';_,:1, f ~i: --~. -~~A~~~oriz:d ~i:n:::~~-.. , ~ 1 . -~::~ ~' :-:·.' ' . Secretary. r.LJ ' ~~: <: .:--·, ,. . . \· " :' <'··, ;, '' ) ' .;.) ~~ t21~~~~:.. .. y.m;.m::~Sa~·""'mu ~~~ <g,St~.,~~~"'~~·;,~·,~~~Ei ' EXHIBIT C ~<>I>Yrighl 19GG Amcrlc&n LLnd Tltl6 At!a<>claUon ' ·. '' ' 1 '"r' ."'.-·r. :-. ~:~~··::...:~-~ ... ...:.~~.,~~~~·-..._:."'·-· .. ·-·•..-1... ~ 1100 Olive Way I ( l"' ,; •·• • i s,' .~le, Washington 98101 Unit 1 Title Officer, Gary Bean Telephone: 628-5676 A.L.T.A. COMMITMENT SCHEDULE A Your No: PARKS DEPT. Effective Date: June 5, 1981 at 8:00 a.m. City of Kent 220 South 4th Kent, Washington Attn: Kathy 1. Policy or Policies to be issued: A. ALTA Residential Policy Form Proposed Insured: Our No: 46555 Amount $ -------Tax $ B. ALTA Owner•s Policy Form B 1970 Amount $ TO BE AGREED UPON $ c. D. {Amended 10-17-70) Tax Standard {X) Extended { } Proposed Insured: CITY OF KENT ALTA Loan Policy -1970 {Amended 10-17-70) Standard { } Extenoed ( ) Proposed Insured: APPROPRIATE LENDER Amount $ $ -------Tax Amount $ $ .-------Tax TOTAL PREMIUM $ 2. The_estate or interest in the land described herein and which is covered by this commitment is: A Fee PREMIUM 3. The estate or interest referred to herein is at Date of Commitment vested in: JOHN M. KAPOCHY, as his separate estate 4. The land referred to in this commitment is situated in the County of King, State of Washington, and is as follows: The north one-half of the northeast one-quarter of the southeast one- quarter of the southeast one-quarter of Section 19, Township 22 North Range 5 East, W.M., in King County, Washington; EXCEPT the east 450 feet thereof. ~L.T.A. COMMITMENT } SCHEDULE B • STANDARD COVERAGE .C) 46555 Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. 1. Defects, liens, encumbrances, adverse claims or other mat- ters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 2. Rights or claims of parties in possession not shown by the public records. 3. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. 4. Easements or claims of easements not shown by the public records. 5. Any lien, or right to a lien, for services, labor or materi- al heretofore furnished, imposed by law and not shown by the public records. 6. Liens under the Workman's Compensation Act not shown by the public records. 7. Any service, installation, connection, maintenance or con- struction charges for sewer, water, electricity or garbage removal. 8. General taxes not now payable: matters relating to special assessment and special levies, if any, preceding the same becoming a lien. 9. (a) Reservations or exceptions in patents or in Acts authorizing the issuance thereof: (b) water rights, claims or title to water. 10. Requirements: Instruments creating the estate or interest to be insured must be approved and filed for record. (continued) , ~ ~-. --.......... ----... -· .... ... -·~ .. .... -.. -· ..... --~ .. -----. - .. r 1_ L.T.A. COHMITHENT "' SCHEDULE B 46555 Page 2 11. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: AND: DATED: RECORDED: RECORDING NUMBER: REGARDING: AFFECTS: The City of Kent, a municipal corporation John Kapochy November 2, 1979 December 5, 1979 7912050159 Zoning Said premises and other property 12. ORDINANCE NUMBER 2194 AND THE TERMS AND CONDITIONS THEREOF: 13. RECORDING NUMBER: REGARDING: COPY ATTACHED. DELINQUENT GENERAL YEAR: AMOUNT BILLED: AMOUNT PAID: AMOUNT DUE: TAX ACCOUNT NO: AFFECTS: TAXES: 1980 $426.57 -0- $426.57 8001020551 Planning and zoning for land use 1981 $589.88 -0- $589.00 PLUS INTERST 192205-9075-09 Said premises and other property 14. PRELIMINARY ESTIMATED ASSESSMENT: AMOUNT: $92,496.21 L.I.D. NUMBER: 301 LEVIED BY: City of Kent FILED: September 2, 1980 LIEN ATTACHED BETWEEN BUYER AND SELLER: October 2, 1980 FOR: Street AFFECTS: Said premises and other property PRELIMINARY ESTIMATED ASSESSMENT: AMOUNT: $66,907.82 L.I.D. NUMBER: 301 LEVIED BY: City of Kent FILED: September 2, 1980 LIEN ATTACHED BETWEEN BUYER AND SELLER: FOR: October 2, 1980 Street 15. CONTRACT OF SALE AND THE TERMS AND CONDITIONS THEREOF: SELLER: PURCHASER: (continued) John M. Kapochy, as his separate estate Norman G. Heutmaker, Jr. and Sheila M. Heutmaker, husband and wife DATED: RECORDED: i-h.LC ••. .;,U ·.L·l.'.L'LE .i.~~::.Ui'-J:U,,_..:. t_~u, .:.. ••-'-' 'i ~L.T.A. COMMITMENT -jJ SCHEDULE B Page 3 '2) 46555 RECORDING NUMBER: November 14, 1979 November 16, 1979 7911160375 E-0568023 EXCISE TAX RECEIPT NUMBER: AFFECTS: Said premises and other property 16. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: TRUSTEE: BENEFICIARY: AMOUNT: DATED: RECORDED: RECORDING NUMBER: AFFECTS: Norman G. Heutmaker, Jr. and Sheila M. Heutmaker, husband and wife Transamerica Title Insurance Company Pacific National Bank of Washington $30,500.00 February 20, 1981 February 25, 1981 8102250407 Said premises and other property The amount now secured by said Deed of Trust and the terms upon which the same can be discharged or assumed should be ascertained from the holder of the indebtedness secured. 17. Until the amount of the policy to be issued is provided to us, and entered on the commitment as the amount of the pol- icy to be issued, it is agreed by every person relying on this commitment that we will not be required to approve any policy amount over $100,000, and our total liability under this commitment shall not exceed that amount. KD/cb D-1068 END OF SCHEDULE B ~ ;} ·.Th .. ls sketch is not bas "upon a survey of the prop~~ity descri.!:>ed in Order No. ~f)S of Chicago Title Insurance Company, It is furnished \~lthoct charge solely for the purpose of assisting in loc~ting the said prem1ses. · It does not purport to show all roads or ea.se~e~:.s, The Co~?a~y assumes no liability for inaccuracies therein, I 5£4-I 5E-4 Of .SEC. 1_9- ~~ •.u :t \...J VI C"' "" -J:. -•!l ~ \ll TWf.22-"R.5E~ ~ I~ 0 .·~ '---------'------;:-----z.~~~===~~~==:-=--====--:: ... ~o "=:lor::> Z .S Z N P' ..S"J". ,S. loO 350 N II I . I r .. ~----~-J t 1-J U-1. Of SE Y4 ' . I N .z sw~ --- .... -·------~------.,~-~---~----... --~-----,..-.. --------~ t -~ City of.Kcnt 220 4th !we; s. !~ent '<. t . . • :._..,, ·~' · . .' ' ., ; ')Ot~·· .I H -Jtl(lf, ''·, [v·z_.' v ::>.~ & ~ I ' ... , ' · · .·. Your toan No . ·:·· .. ,, ~ortgagiJr .. ....,~ . ' I r .. --, __ ·,':. , I • t ' I \~:.-::.' ~f ; .. I r: t C•''•C i l ~ , Attn: Gerry McCaughan· ··Purchaser ------.. ____ .....__ __ ~. -:·• ' .. , ~· 1 • ... ~~ :· . · .. :, ·,:' .. _,il ,·; ·'· Our Order No . ., . . . . ~ ' - ' ' ___ · ,_3_2 5-:_:2:_4:__ _____ _ 1 ----------· ---. . , 1· • l ~ ··. • , ~:; . -t; : '!; '~ " . : -~ ' 1 0 ;:. i.. --·---·----~---.. ·-··----·-·--··----------., •• : 1 • ' r 0 . Paragraph(s) No. . . · ·· of our prclinunary •commitment is eliminated. D The policy is'being issued in acc.ordance with y~ur instructions. ' · 0 Matters de~endent upon a su~vey or our inspcctio~ have been cle~red. · · 0 Our · inspcctio.n of the premises or~ _· _. -·-·. _· ---------~-------(.!:::~'~::: :., ; ®.The foll9wing. has,::been added .. to our report:· Deed 'of ·Trust: and·. the Ter~s. and ·Condtions r ~h-ereof: . .... ~ ~ ~ ' :. ·.. · Normari G.·. and· Sheiia>·M-5'-H~t.itmak.cr> Jr., Trustee: :. · ' ·-.; .. _''rransamerica Ti tlc. Ihsur.;m'cc Company ·Beneficia-ry: .. ,_ ···.:Pacific' National Bank. of" Washington Amount:· ·. ~-~ ' _. "· $3 0, 500 ~-00. ·· Dated:·· Recorded: Recording ·;:.·February 20, 1981 · · · · · · ' ·· Fe br ua ry 2 5 , . 19 81 Numbe~\~ · 8102250407 · ~ .: ' .. ·i ... '•' ., The amount nmv secured .by sa-id Deed 6( Trust' and the tcrfTis upon which the same can be dischacgea or 'assumed ~;itou-lt: · .. A~ ascertained from the holder of the indebtedness secured. . .. . . . •' '· , .. ; ... , ·.;._ : Z• . hHl l ~ i '. ~~ ·;: .. ~ ~-- . ~ t -~ •.• ;> ' :-! . .-· ... ·. 'i ·- ' ~-.. "· ·' ·_.! ' Page 1 of 2 ' . '_ ..... ·. ·:, .. -•• l .... -_., ....... ~ I '' . '•' ., "". ._ .. : .. . • ; ·_-.' ' "i _:· •. ~ . '. • ... . :D 'f:xcep~ as to th~ n~attcr s' ~~p~r te:cJ 1~~~·~,.~i1h~ve, th~ t'itle to the .JJIOJ·l~;ty cove-,:~-~~"~ ·;h;; ordr•t has. Nll r (lren rc;?X,lm;r:cJ. ' . :d.;k There bas been no change in the title to the property co~cred l.lv this order ~ince ·_· __ · flpr iL .1 tl., __ l9 .:'L _____ ; · . · . • {(Ja!·· f1S t."'Sl rC:JOtt) t l ' • ~ EXCEPT the matlr!rs nqtcd hereinabove. Dated zs of June 1",1981· ·:; -:c'------'--:---at 8:00A.M. EXHIBIT D. CHICAGO TITLE INSURANCE CO. < ·I3i1r.puril Lon(tpre . ! ' / -I -~.t_-(~ --J., .. / CHICAGO TITLE INSUR./'NCE COMPANY 1415 Fifth Avenue Seattle, Washington 98171 Unit J I I 1 .J... Title Officer, Gary Bean Telephone: 628-5676 A.L.T.A. COMMITMENT SCHEDULE A Your lJo: PARf~S DEPT. Effective Date: April 18, 1980 at 8:00 a.m. City of Kent 220 -4th Avenue South Kent, Washington Attention; Gerry McCaughan Policy or Policies to be issued: A. ALTA Owner's Policy Form B 1970 (Amended 10-17-70) Standard (X) Extended ( ) Proposed Insured: Our No:32524 Amount $ TO FOLLOW Tax $ B. ALTA Loan Policy -1970 (Amended 10-17-70) Proposed Insured: Amount $ $ T_a_x ____________ __ c. Amount $ ------- TOTAL PREMIUM The estate or interest in the land described herein and which is covered by this commitment is: A Fee $ $ PREMIUM J. The estate or interest referred to herein is at Date of Commitment vested in: As described in Schedule A, Page 2, attached. 4. The land referred to in this co~itment is situated in the County of King, State of Washington, and is described in Schedule A, Page 3, attached. / 3. CHICAGO TITLE INSUI~NCE COMPANY A.L.T.A COMMITMENT No. 32524-V SCHEDULE A Page 2 THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF COMMITMENT VESTED IN: CL~IRE HUYLER, who acquired title as CLAIRE DICKINSON, as her separate estate as to an undivided one-half interest, and JANET M. DICKINSON, as her separate estate as to an undivided one-half interest, as to Parcel A; AND: JOliN M. KAPOCIIY, as his separate estate, as to Parcel B. / 4. CHICAGO TITLE INSUI~NCE COMPANY A.L.T.A COMMITMENT No. 32524-D SCHEDULE A Page 3 TilE LAlJD REFERRED TO HJ THIS COMMITHEtJT IS SITUATED IH THE COUlJTY OF KING, STA'l'E OF WASIIIIJGTON, AlJD IS DESCRIBED AS FOLLOWS: PARCEL A All of Block 46 of R. 0. Smith's Orchard Tract Addition to the City of Kent, Washington, according to the plat thereof recorded in Volume 12 of Palts, on page 27, records of King County; Situate in the County of King, State of Washington. PARCEL B The north one-half of the northeast one-quarter of the southeast one-quarter of the southeast one-quarter of Section 19, Township 22 North, Range 5 East, W.M.; EXCEPT the west 100 feet of the east 450 feet thereof; / I /':':'\ "'·'·J CHICAGO TITLE INSURANCE COMPANY A.L.T.A COMMITMENT SCHEDULE B STANDARD COVERAGE IJo: 32524 Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. 1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public r-ecords or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 2. Rights or claims of parties in possess ion not shown by the public records. 3. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. 4. Easements or claims of easements not shown by the public records. 5. Any lien, or right to a lien, for services, labor or material heretofore furnished, imposed by law and not shown by the public records. 6. Liens under the Workman's Compensation Act not shown by the public records. 7. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity or garbage removal. 8. General taxes not now payable; matters relating to special assessment and special levies, if any, preceding the same becoming a lien. 9. (a) Reservations or exceptions in patents or in Acts authorizing the issuance thereof; (b) water rights, claims or title to water. 10. Requirements: Instruments creating the estate or interest to be insured must be approved and filed for record. (continued) / / 11. CHllftGO TITLE INSUI~NCE COMPANY A.L.T.A COMMITMENT No. 32524 SCHEDULE B Page 2 AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: AND: DATED: RECORDED: RECORDING NUMBER: REGARDING: AFFECTS: COPY ATTACHED. The City of Kent, a municipal corporation Norman G. Heutmaker, Jr. November 2, 1979 December 5, 1979 7912050158 Zoning Parcel A 12. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEIJ: AND: DATED: RECORDED: RECORDING NUMBER: REGARDING: AFFECTS: COPY ATTACHED. The City of Kent, a municipal corporation John Kapochy November 2, 1979 December 5, 1979 7912050159 Zoning Parcel B 13. ORDHJANCE NUMBER 2194 Arm THE TERMS AND COiJDITIOl~S THEREOF: RECORDING NUMBER: REGARDING: COPY ATTACHED. 8001020551 Planning and zoning for land use 14. CONTRACT OF SALE AND THE TERMS AND COIJDITIONS THEREOF: SELLEH: PURCHASER: (continued) Claire Huyler, who acquired title as Claire Dickinson, as her separate estate as to an undivided one-half interest, and Janet M. Dickinson, as her separate estate as to an undivided one-half interest Norman G. Heutmaker, Jr. and Sheila M. Heutmaker, husband and wife I / / I DATED: RECORDED: CHICAGO TITLE INSURANCE COMPANY A.L.T.A COMMITMENT No. 32524 SCHEDULE B Page 3 RECORDING NUMBER: January 31, 1979 February 5, 1979 7902050407 E-0519475 EXCISE TAX RECEIPT NUMBER: AFFECTS: Parcel A 15. CONTRACT OF SALE AND THE TERMS AND CONDITIONS THEREOF: SELLBR: PURCHASER: DATED: RECORDED: RECORDING NUMBER: EXCISE TAX RECEIPT NUMBER: AFFECTS: John M. Kapochy, as his separate estate Norman G. Heutmaker, Jr. and Sheila M. Heutmaker, husband and wife November 14, 1979 November 16, 1979 7911160375 E-0568023 Parcel B 16. GENERAL TAXES: 1ST HALF DELINQUElJT MAY 1, 2ND HALF DELINQUEIJT NOVI:NDER 1. YEAR: AMOUNT DILLED: AMOUNT PAID: MlOUlJT DUE: TAX ACCOUNT NUNBER: _ AFFECTS: 17. DELINQUENT GENERAL TAXES: YEAR: AMOUNT BILLED: ANOUIJT PAID: A~1 OUIJT DUE : TAX ACCOUNT NUNDI:R: AFFECTS: (continued) 1980 $241.96 -0- $241.96 783080-0790-08 Parcel A 1979 $282.06 -0- $282.06 PLUS INTEREST 783080-0790-08 Parcel A I r'· . I . LHICAGO TITLE IUSURANCE COMPANY A.L.T.A COMMITMENT No. 32524 SCHEDULE B Page 4 '· 18. GEIJERAL TAXES: 1ST HALF DELINQUENT MAY 1, 2ND HALF DELIN- QUENT NOVEMBER 1. YEAR: ANOUIJT BILLED: At-lOUtJ'l' PAID: AMOUlJT DUE: TAX ACCOUlJT IJUNBER: AFFECTS: 1980 $426.57 -0- $426.57 192205-9075-09 Parcel B 19. Payment of the 1% Excise Tax, if required. CW1/srn D-355 Elm OF SCHEDULE B ~ .f#. -· '7:;? This sketch is not based upon a survey of the property described in OrdGr No. of Chicago Title lnsur~nce Company, lt is furnished without charge solely for the purpose of Assist~ng in locating the said premises. It does not purport to show all roads or easements, The Co~pany assumes no liability for inaccuracies therein, .. ~----·-··--. .. .I N ~j 43 44 I - -3) I I .., I I ... I I I • ••D I