03-057.00 Marlene Mank: Real Estate Purchase Pierce Improvements • • • •
REAL ESTATE PURCHASE AND SALE AGREEMENT
CITY AS PURCHASER
This Agreement, is made and entered into by and between the CITY OF SPOKANE
VALLEY, a Washington State Code City(the"City"or"Purchaser")and Marlene Mank, (the"Seller"
or"Owner") referred to as the "Parties."
Whereas, the Purchaser and Seller are desirous of entering into an agreement whereby the
Purchaser will purchase property owned by the Seller.
NOW, THEREFORE, in consideration of the following terms, conditions and covenants and
other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,
the Parties agree as follows:
1. SALE OF PROPERTY. Owner agrees to sell, convey and transfer to the Purchaser, and
the Purchaser agrees to purchase, acquire and take from Seller, the real property located in the City
of Spokane Valley, Spokane County, Washington, legally described as: The East 30 feet of the
North 423 feet of the SW 1/4 of the NW 1/4 of Section 33, T25N, R25E, lying Northeasterly of Dishman
Mica Road;
and all herediments, appurtenances, improvements, and buildings belonging or in any way
appertaining (the "Property").
2. CONSIDERATION. The Parties agree that the consideration for this agreement is the
City, at its expense, relocating the existing fence and realigning the road for the benefit of Seller and
the public. Parties acknowledge that the consideration represents a fair disposition of the Property.
3. CONDITION OF PROPERTY. Purchaser offers to purchase the Property in an "as is"
condition, with all physical defects, except those identified in paragraph 12, herein, including those
that cannot be observed by casual inspection.
4. REPRESENTATIONS OF SELLER. The Seller hereby represents to the City the
following:
(A) To the best of Seller's knowledge there are no pending special assessments or
condemnation actions with respect to the Property or any part thereof, and Seller has no knowledge
of any special assessment or condemnation actions being contemplated, and;
(B) There is no pending litigation or suit threatened or asserted which could result in a lis
pendens being lawfully filed against the Property, and;
(C) Seller will cooperate with the City and execute all documents necessary to remove or
release liens, assessments, encumbrances, mortgages or deeds of trust in order to deliver to the
City marketable title to the Property;
(D) Seller has good and marketable title and fee simple to the Property, which is not subject
to any liens, encumbrances, restrictions, or easements of any kind except those which have been
disclosed on the Commitment for Title Insurance received by the Purchaser; and
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(E) Neither the execution of this agreement, nor the performance of any of the terms or
provisions hereof, violates, or shall violate, or conflicts with in any material aspect, or constitutes a
default under, any existing contract, document, understanding, agreement, or instrument to which
the Seller is a party, or by which the Seller may be bound.
5. CLOSING. The closing date shall be eez003 , at // a.m., unless another date
or time is agreed to by the Parties. The place of closing shall be at the Office of the City Attorney,
Spokane Valley, Washington. Seller shall be responsible and entitled to have all closing documents
reviewed by its own counsel or agent prior to closing. The risk of loss to the improvements, if any,
on the Property prior to closing shall be Seller's and in the event of damage or destruction,
Purchaser shall be entitled to terminate this agreement. The City may postpone closing or terminate
this agreement if it reasonably appears to the City that Seller has misrepresented the condition of
title, marketability of the Property or any other matter contained in Paragraph 4, above.
6. SELLER'S CLOSING DOCUMENTS. At the closing, the Seller shall produce or execute:
(A) a Warranty Deed (The"Deed"), duly executed and acknowledged in a recordable form,
conveying to the Purchaser marketable title to the Property free and clear of all liens, assessments,
deeds of trust, mortgages, or encumbrances except those expressly agreed to by the Purchaser;
(B) a detailed statement, prepared by the escrow officer and/or the closing attorney, setting
forth the appropriate adjustments and prorations to be made at the closing;
(C) a completed Seller's Disclosure Statement (if necessary); and
(D) all other documentation reasonably required by the Purchaser.
7. EXPENSES.
A. Expenses of Seller. The Seller shall pay:
(i) real estate taxes prorated to the date of closing;
(ii) all assessments, liens, mortgages, deeds of trust or other encumbrances(ie.
real estate excise tax);
(iii) the Seller's attorney fees;
(iv) any reconveyance fees; and
(v) all other expenses incurred by Seller which relate to the Property.
B. Expenses of Purchaser. The Purchaser shall pay:
(i) all recording fees;
(ii) its attorney fees;
(iii) title insurance premiums; and
(iv) if applicable, an appraisal review fee pursuant to RCW 8.25.020 not to
exceed $750.00 upon receipt of statement from Seller.
8. POSSESSION. The Owner shall deliver possession of the Property to the Purchaser on
the date of closing.
9. TIME. Time is of the essence of this Agreement.
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10. TITLE EXAMINATION. Purchaser reserves the right to purchase a Policy of Title
Insurance covering the purchase of the Property in an amount soley determined by Purchaser. In
the event that Seller is unable to cure any title encumbrances which reasonably are unacceptable to
Purchaser, the Purchaser may at its option: (1) terminate this agreement by written notice,
whereupon no party shall have any further liability under this agreement; or(2)postpone the date of
closing for up to sixty(60)days, during which time Seller shall use all reasonable efforts and expend
reasonable sums as may be necessary to cure the objections of Purchaser. If the objections to title
are not cured on or before the closing date, as postponed, the Purchaser may terminate this
agreement or waive the objections to title.
11. COMMISSION. Seller warrants and represents to Purchaser that if any real estate
brokerage commission or fees are payable, Seller hereby indemnifies Purchaser from and against
any and all claims for any real estate brokerage commission fees which may arise as a result of any
acts of the Seller. Any real estate fees will be paid by Seller at closing, unless agreed otherwise.
12. HAZARDOUS WASTE. To the best of Seller's knowledge the Property is not in violation
of any federal, state or local law, ordinance, or regulation relating to the environmental conditions
on, under, or about the Property, including but not limited to, soil and ground water conditions, and
that during the time in which Seller owned the Property, neither Seller nor, to the best of Seller's
knowledge, any third party has used, generated, stored, or disposed of on, under, or about the
Property or transported to or from the Property any hazardous waste, toxic substances, or related
materials (the "Hazardous Materials"). For the purposes of this paragraph, Hazardous Materials
shall include, but is not limited to, substances defined as "Hazardous Substances," "Hazardous
Materials," "Hazardous Waste," "Toxic Substances," in the Comprehensive Environmental
Response Compensation and Liability Act of 1980, as amended, and RCW Title 7 and the
regulations promulgated pursuant to such laws.
Seller will indemnify and hold harmless the Purchaser from all required remediation,
damage, claim or loss (including attorney fees incurred in defending any claim) arising from the
placement, storage, disposal or release on the Property of any Hazardous Materials during such
time as Seller was in possession or had any interest in the Property. This indemnification and hold
harmless shall survive and not be merged into the deed delivered by Seller to Purchaser for the
Property.
If prior to the closing date Purchaser discovers that the Property contains any Hazardous
Waste, of which it has not been previously advised, the Purchaser may terminate this Agreement.
13. NOTICES. Any notices required or permitted to be given shall be in writing and
delivered either in person or by certified mail, return receipt requested, postage pre-paid,addressed
as follows or such other address as may be designated by either party:
Purchaser: City of Spokane Valley
City Manager
11707 East Sprague Avenue
Spokane Valley, WA 99206
Copy to: Office of the City Attorney
(at the above address)
Seller: Marlene Mank
3621 South Dishman Mica Road
Spokane Valley, WA 99206
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Any notice given pursuant to this Agreement, shall be deemed effective the day it is
personally delivered or three (3) business days after the date it is deposited in the United States
mails.
14. ENTIRE AGREEMENT/MODIFICATION. This written Agreement constitutes the entire
and complete Agreement between the Parties hereto and supersedes any prior oral or written
agreements between the Parties with respect to the Property. It is expressly agreed that there are
no verbal understandings or agreements which in any way change the terms, covenants and
conditions herein set forth. No modifications of this Agreement and waiver of any of its terms and
conditions shall be effective unless in writing and duly executed by the Parties hereto.
15. BINDING EFFECT. All covenants, agreements, warranties and provisions of this
Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective
heirs, executors, administrators, personal representatives, successors and assigns.
16. GOVERNMENTAL APPROVAL. Seller acknowledges that this Agreement does not
bind the City of Spokane Valley until the City Council approves this Agreement. The City employee
tendering this agreement will exercise best efforts to receive City Council approval.
17. SELLER DISCLOSURE STATEMENT. If applicable, Seller shall,within five(5)days of
accepting this Agreement, deliver to the Purchaser a completed, signed and dated Real Property
Transfer Disclosure Statement substantially in the form set forth in RCW 64.06.020. Purchaser shall
within three business days, or as otherwise agreed to, after receipt of the Real Property Transfer
Disclosure Statement have the right to (1) approve and accept the Real Property Disclosure
Statement; or (2) rescind this Agreement pursuant to Purchaser's sole discretion. If Purchaser
elects to rescind the Agreement, Purchaser will deliver written notice of recision to the Seller within
the above three (3) business day period, or as otherwise agreed. Upon delivery of a recision
statement, Purchaser shall be entitled to immediate return of all deposits and other consideration
paid to Seller. If Purchaser does not deliver a written recision notice, the Real Property Transfer
Disclosure Statement will be deemed approved.
In witness whereof, the parties hereto have signed this Agreement this ,' . day of
- , 2003.
CITY OF SPOKANE VALLEY
By:
C
Manager
Atte t:
Clerk
SELLERS
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SSN: /9 6 I
By:
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Approved as to form:
C(fiAttor
Y
STATE OF WASHINGTON:
:ss
County of Spokane:
On this o2D`t`N day of l ho , 2003, before me personally appeared
id Vrfreie V , and ('1\cis 1:)At' 'ri ' to me known to be the City
Manager, and the City Clerk, respectively, of the CITY OF SPOKANE VALLEY, a municipal
corporation, that executed the within and foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of the corporation, for the uses and purposes
therein mentioned, and on oath stated that they were authorized to execute said instrument and that
the seal affixed is the corporate seal of said corporation.
I ► NESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and ._:�'�` • •� - written.
Q 1
�Zr`r` ,�i
• c',� Notary Public in and for the State
PURL' 4 Ei of Washington, residing at Spokane 1/a.1tet
`TpgEr.V4' My Appointment expires l U/a7/a�
1,` OF
`wl' -�
STATE OF WASHINGTON:
:ss.
County of Spokane:
On this (g day of a , 2003, before me, the undersigned, a Notary Public in
and for the State of Washingtoto� nallyappeared / ) ) )(i)ij _
(a single person, husband and wife, etc.) to me known to be the individual(s) who executed the
within and foregoing instrument, and acknowledged the said instrument to be free and
voluntary act and deed for the uses and purposes therein mentioned.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first
above written.
Adolv
Q, \ 4‘",ON •,� Notary Public in and for the State
of Washington, residing at Sp ka e��((61')---
4 O'ttsity ,� My Appointment expires !U a7
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Project Description
Pierce Road Improvements
Pierce Road between 35th Avenue and 37th Avenue was identified by interim Public
Works staff as a traffic hazard because only half of the road has been developed though
full right-of-way and road improvements exist at both ends of this section of Pierce Road.
(See attached photo marked"Attachment 1.")
The west half of this right-of-way has not been deeded as right-of-way and the road has
not been improved because the adjoining property to the west has not been developed.
Except for this section, Pierce Road in this neighborhood is a 60 foot right of way
centered on the 1/16t line of Section 33. As adjacent properties were platted, right-of-
way was dedicated for the improvements surrounding the pasture owned by Ms. Mank
(see attached map marked "Attachment 2"), and roadways, curb and gutters were
installed right up to Ms. Mank's fence. This has created a confusing and potentially
hazardous situation where the fence extends into the apparent roadway.
After several accidents and fence repairs, Ms. Mank has agreed to deed 30 feet of right-
of-way to the City in exchange for the City reimbursing the expense of having the old
fence replaced with a new fence 20' to the West (see "Attachment 3").
After the fence has been relocated, the City will have an existing power pole at the
northeast corner of Ms. Mank's property relocated. Road Improvements will then begin
with the addition of a 12-foot paved lane, with transition tapers, across the newly deeded
right-of-way to provide a more safe travel way for the public (see Attachment 4).
In summary to improve the safety of this road the Public Works Department proposes to
1) acquire additional right-of-way from Ms. Marlene Mank, 2)replace existing fence to
new right-of-way line, 3) relocate an existing power pole, and 4) widen the road 12
additional feet with 2 inches of asphalt over 6 inches of crushed rock.
The proposed cost of this project is:
1) Right-of-Way = $ 0.00
2) Moran Fence = $ 2,133.00
3) Avista Utiltities = $ 1,956.52
4) Shamrock Paving = $16,240.00
$20,329.52
SPECIFICATIONS
Specifications for this project are comprised of the following three components:
1. The "2002 Standard Specifications for Road, Bridge and Municipal
Construction" as promulgated jointly by the Washingtion State Department of
. • • •
Transportation(WSDOT) and the American Public Works Association
(APWA), Washington State Chapter, referred to as the "Standard
Specifications". The APWA Supplement will apply to this contract
2. WSDOT Amendments to the "Standard Specifications".
3. Spokane County Standards for Road & Sewer Construction.
•
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QUOTATION AT HC H M E N T 3
FREE Moran Fence Inc. FENCES BY
ESTIMATES TRUELLA STONE
53 534-2521a[.ti1� I -9. ,
707 N. Freyareya Spokane,, WAWA 99202
MORANFI035RR DATE 3 — 51 - 3
ALL WORK WILL BE PERFORMED IN A WORKMANLIKE MANNER
•
,,n/ • AND IN ACCORDANCE WITH STANDARD PRACTICES.ALL POSTS
NAME / /� 0)21 SET IN CONCRETE.
ADDRESS 3 C/ /%1 4 r N 01 e `• •
CITY - _�_ �. "��I r - H---t-
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STATE 4/f/4.- ZIP • l •1 i (
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PHONE (3 F q,' ✓
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WORK ~
•
SPECIFICATIONS -- -1 1 - j - l A-+' --r -t -f-1- -.7);1.._,
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/j _- --- _ err..—��... t i {1. `
TOTAL FOOTAGE / ( 9 - T— i T•i I I I I 1 1 F I
/ ;
t a..
TOTAL HEIGHT _ �' . ./ C 1 1 -�-
I � i I I 1
N I :�
STYLE FENCE .� 4 ✓i 1 ( t I 1
POST SPACED ii• 1 •• ( 1, . I i 11 -) i 1 i j-1
WIRE GAUGE I i — 7—i •- --II-I----- I f 1 I I a f } f. �_r.t
I.I
TOP RAIL ( / U •
_t_..__ I 1..y. •i —r -j--F- --�� t r-f,-,-+--
TENSION WIRE 9 E 1 • I � I H ' I
LINE POST i 1 / f I ' i
/ J '' 1 + { •1 f I i 1 I ( —!
1
END POST 9 5/F " 4 KL j 1 I I I ► ` j
I I I I I ? I I"/F _s_.
CORNER POST • 1 1 1 •
.1 •I I I I �4-
WALK GATE POST .,,,,.....» • _L..-..____ • I _.. _. ... _... _
DRIVE GATE POST • _ 1 r__,,,,_,----7, ..„. . , ,
7-1-.� ; I ' ; 1
I• ; I + 1 y_ i +-1
t-� 1
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GATE FRAMES ` L..__ I 1 .L___ -r .Li I I
CONTRACT CONDITIONS DESCRIPTION AMOUNT
Property owner is solely responsible for locating,staking and ----j
clearing fence lines. a-/-
A.�(��
Purchaser also agrees Moran Fence will not be respon- c ' n-�(.w*, „� '. 13 �'�
•
sible for any damage to underground obstructions, such h
as,but not limited to,sprinkler lines and private utility lines.
Moran Fence will not be responsible for vandelism. --
If a compressor&jackhammer are needed a nominal fee will .40
be charged.
Prices good for 30 days.
Building Permits to be furnished by property owner.
MASTERCARD#
VISA CARD# ALL PRICES SUBJECT TO WASHINGTON STATE SALES TAX
PERSONAL CHECK��A�AAAAAAAA ''''�� 7 CASH ❑ OTHER Cash On Completion
SALESMAN rK/6/M v I "TERMS:Your account is due and payable ten days from receipt of your invoice.Thereafter,a FINANCE CHARGE will be made
computed by a periodic rate of 11/2%per month or a minimum of$1.00,whichever is greater,applied to the previous tine'
ACCEPTED BY balance at the beginning of the month without deducting current payments and credits.If the FINANCE CHARGE exceeds$'
then the annual percentage rate is 18%.The unpaid balance maybe paid in full at any time to avoid additional FINANCE CHAr
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