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HomeMy WebLinkAboutD 9512291555 .�.,*F _ 6�` ' ' < , /, � , . , '� � � . z � � � ua r� ��a � "�J r� WHEN RECORDED RETURN TO: � I � � Warren, Kellogg, Barber, Dean & Fontes, P.S. �ited tor Record� Req�asr, or N � Attorneys at Law F�R�T�.��ERl�.�,� TITLE � P.O. Box 62 6 �G ,Y.,�y������� � Renton, WA 98057 ����iE,Wq 9�i�� p� � � � � STATUTORY WARRANTY DEED N , � � � � RALPH SMEED, a single person, for and in consideration of Ten � � Dollars ($10. 00) and other good and valuable consideration in hand �`' I � paid, conveys and warrants to THE CITY OF RENTON, a Washington � municipal corporation, the following described real estate, situated in ,� King County, State of Washington: � � Tracts 62, 65 and 66, Hillman's Lake Washington Garden of � Eden Addition to Seattle No., 1, according to the plat thereof � recorded in Volume 11 of Plats, Page 63, records of King il� �-q County, Washington; � � � EXCEPT that portion deeded �to `King County for road by deed � recorded under King County Recording No. 4083761; and I � EXCEPT that portion deed to the State of Washington for road � �by deed recorded under King County Recording No. 4642601; I � TOGETHER WITH that portion of vacated 107th Avenue Southeast .,., which upon vacation attached to said premises by operation , of laW; � and � � `�' T�GETHER �ti'ITH that p�rtion of vacated Gen Seng Avenue which p ! upon vacation attached to said premises by operation of law; � �ki Situate in King County, Washington. ►- �`� � � SUBJECT TO: � O � x (1) Easement for the right to make slopes for cuts and fills � � along the street margin of said premises abutting Jones O ��` Avenue Northeast, as granted by deed recorded under King ' � County Recording No. 4083761; " � � (2) Relinquishment of all existing and ,future rights to light, �,, � view and air, together with rights of access to and from the � � r, � 1 � OF�� G�1�A�. .' ��, ` • ' � - . State Highway construction on lands conveyed by instrument recorded under King County Recording No. 4642601; (3) Right of the general public to the unrestricted use of all the waters of a navigable body of water not only for the primary purpose of navigation, but also for corollary purposes, including (but not limited to) fishing, boating, bathing, swimming, water skiing and other related recreational purposes, as those waters may affect the � tidelands, shorelands, or adjoining uplands and whether the level of the water has been raised naturally or artificially to a maintained or fluctuating level, all as further defined by the decisional law of this state (affects all of the premises subject to such submergence) . (4) Addendum to Real Estate Purchase and Sale Agreement and Statutory Warran�ty D DATED: �Kc'd�'��# , ].995. Deed, attached as Exhibit "A" and incon' �/�0 � December � ate by eference. Ralph eed � D�-�+ o �� STATE OF ) ; C�IYD� ) ss COUNTY OF �� ) I certify that I know or have satisfactory evidence that Ralph Smeed is the person who appeared before me, and who signed this , instrument and acknowledged it to be his free and voluntary act for the L7uses and purposes mentioned in the instrument. �� �,e ce�S�' ' DATED: �au�i�]�e�' �, 1995. � � :-,:�:�r=�A�: �`1' ,_ �� ,.'��'4�,',��`�-�'',;, � �.-�'d���Fs�1�rK�..>����� Notary Public in and for tat��c.•.r,�;;�����:,„��,; ,�t, � i�:+n'S.%2h!C P�'!�.�.s�.;s:;-,�`_'•��`v�s y �.� of ' , residin at w�:;����-�7 ���;,.�,,�:..:.,��:'�_ G7? Z�Q�a � �a 4�s;��'"���� . .��.: i L- �`�r'`4"'`"' My appointment expires. ,i�;��:;t'�4'`�� ;,;. Pi�� .'i�.�u:t. 9�`e�4��Yj�,Ji:�� '�':: :;z,,�/�`.t�{��.�s,t:_ _ ,:��;;,y D5.2Q/23 : 11/Oo j 95::1Y ;��f/ ••:�=;.r�`��.`;��` " , '`N;,�.,'<.�l�p��, 't�':.l�r`�„+� :`',5'.•'�,�t.tye�;dP'>.�� �� . 1;> n;n' . .._ .,se;, :4` _ :;j: 2 ADDENDUM TO• I REAL ESTATE PURCHASE AND SALE AGREEMENT AND STATUTORY WARRANTY DEED BETWEEN RALPH SMEED AND THE CITY OF RENTON THIS ADDENDUM is between RALPH SMEED as Seller/Grantor(herein Vendor) and THE CITY OF RENTON as Buyer/Grantee(herein Vendee) and intends the amendment of the above referenced documents. In consideration of reciprocal valuable consideration in the form of mutual covenants and other consideration, it is agreed: 1 . This Addendum shall amend or supplement the above referenced Real Estate Purchase Ar.d Sale Agreement and related Statutory Warranty Deed and shall be attached to each as an Exhibit ', and deemed incorporated therein by reference. 2 . Paragraphs 9 . 1, 9 .2 , 9 . 3, 9. 7 , 9 .8, 9.9, 9 . 10, 9 . 11, ' and 9 . 13 are deleted from said Real Estate Purchase And Sale Agreement. 3 . Paragraphs 9 .5 and 9 . 6 of said Real Estate Purchase And Sale Agreement are amended to add the word "known" (in 9 .5 after the word "any" and in 9 . 6 after the word "no" ) . 4 . The Vendor warrants that he is vested with_ merchant- able, unencumbered, insurable, fee simple title to the property subject only to the following: all liens herein expressly agreed ' to be paid by the Vendee (with the exception of the real estate excise tax to be paid by Vendor upon "closing° ) ; all reservations in patents or state grants or in the laws authorizing the issuance � thereof; the bonded debt of all taxing units; all zoning � requirements and restrictions provided by any fire, building, ♦,,, plumbing, electrical and other similar codes imposed by any p� governmental unit; all repaymen� contracts between any irrigation � district and the United States; all rights of way under, over and � across the premises regardless of how evidenced or acquired and �� whether the same appears of record or not; and exceptions appearing �7 in any title insurance policy applying to the real property issued pursuant hereto. 5 . Vendee has obtained a standard form title policy at Vendee's expense and accepts the terms thereof. 6 . Vendee warrants and agrees that it has itself or acting through it's authorized agent or agents made a full and complete inspection of the described real and/or personal property, including but not limited to the condition, boundaries, water rights, environmental condition, improvements located thereon or appurtenant thereto, related government files and records and all Addendum, Smeed/City of Renton - 1 �__�.��...�_�.�_..�__ -�, � ��H��{�' R _ - � � , , of their allied and related aspects; Vendee acknowledges that the properties are being sold without a survey; Vendee is purchasing said property, as aforesaid, solely upon said inspection and not upon any statement or statements made by Vendor or Vendor's agent or agents; Vendee agrees that there have been no representations made by Vendor regarding productive or developmental capacity or income derived from the described premises or potential income to be derived therefrom; Vendee acknowledges that a portion of the property borders water and that boundary lines can change through the movement of shore lines through accretion and avulsion; Vendee acknowledges that Vendor has made no representations regarding the water boundary or any other boundary, either current or prospective; Vendee accepts said property and rights beinq sold or assigned hereunder, in all respects, "AS IS" and without warranty � of any type, exceptinq title is warranted to the extent that the title insurance policy recoqnizej coverage. This is a sale by ' description and Vendee assumes all risk with respect to acreaqe, boundaries, environmental or other condition, water riqhts, improvements, and all other matters or circumstance relatinq to the property and riqhts beinq sold or assigned hereunder Exceptinct for the warran� of title, as aforesaid, Vendor makes no warranty - of anY type, kind or nature, and expressly disclaims warranties of every type, includincj warranties of inerchantability and fitness for ' a particular pur�ose This disclaimer extends to all remedies, in law and equity. 7 . Vendee shall conduct it 's activities on the property � in compliance with all laws, rules and regulations, including but � not limited to, applicable environmental laws, rules and tn regulations and shall indemnify and hold Vendor harmless from any �"� claims derivative from an violation of said laws, rules and � regulations. t�2 �"'� 8 . To the extent not inconsistent herewith the terms of � said Real Estate Purchase And Sale Agreement and Statutory Warranty Deed, copies of each being attached hereto for reference, shall be applicable. 9 . This Addendum shall inure and bind the respective parties hereto and their respective heirs, successors and assigns. IN WITNESS WHEREOF, the parties have set their hands on the date indicated next to their respective signatures. SE PURCHASER• /o�. ,Z� 9�,1�— Ci of Renton, a Washington Ra h Smeed Date / mu �i �1 corp��ation b Dat / . . Addendum, Smeed/City of Renton - 2 ATTEST: " � Marilyn J. ersen, City Clerk - • � • ' , . 3 ., . •, . � .. . STATE OF IDAHO, COUNTY OF CANYON) ss On this 27 day of December, 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared Ralph I Smeed, known or identified to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in t i c rti c te first written above. '� ota ublic for c , Residing at: Caldwell, ID My Commission Expires: 12/b/99 STATE OF WASHINGTON, COUNTY OF IS�fii�,� ) ss On this `�� day of December, 1995, before me, the undersigned, ;� a Notary Public in and for said State, personally appeared [�PL eLYM�e �' and�,R��y� ���N , who being by me first duly sworn, declared that they are the /Vl,�yplL and C�`�y �,L�lt , respectively, of CITY OF RENTON, a WashingT ton municipal corporation, and whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first wirtten above. � I 1� . � � • � � Not ry Publ c for �'Ws?S+��N���/u 0'� rr , � Residing at: ;��-�2 � My Commission Expires: /l?-/%-�`'� L'I � - Addendum, Smeed/City of Renton - 3