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HomeMy WebLinkAbout07-164 - Tawny Davis & Ian Wilson - Purchase of House at 7210 South 180th Street PURCHASE AGREEMENT FOR HOUSE LOCATED at 7210 S. 180TH St. TUKWILA, WA. THIS PURCHASE AGREEMENT (the "AGREEMENT is made and entered into this 5th day of December, 2007, by and between the City of Tukwila "Seller a municipal corporation of the State of Washington and Ian Wilson and Tawny Davis, "Buyer a married couple. RECITALS WHEREAS, Seller owns the property and house located at 7210 S. 180th St. Tukwila, WA, King County Parcel Number 3623049009; and WHEREAS, on June 18, 2007 the Tukwila City Council declared the property and house surplus to its needs; and WHEREAS, Buyer desires to acquire the house but not the property for its historic value; and WHEREAS, pursuant to an appraisal by The Therrien Company, Inc. on March 16, 2007 it was determined that the house has no economic value; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: AGREEMENT Section 1. Sale of Pronertv. Seller hereby sells, transfers, conveys and quitclaims to Buyer, and Buyer hereby purchases, accepts and assumes, all of Seller's right, title and interest in and to the house located at 7210 S. 180th St. Tukwila, WA, The Parties agree that this agreement does not include the underlying real property located at this address. Section 2. Purchase Price. In consideration of Buyer removing the house from the property, the purchase price of the house shall be one dollar. Section 3. Status of the Property "As Is." No Representations or Warranties. Seller represents and warrants that it has good and marketable title to the house and that the house is sold and transferred to Buyer free and clear of all liens, claims and /or encumbrances of whatever kind or nature. Seller makes no other representations or warranties concerning the house. The house is being sold and assigned "as is," "where is" and with "all faults," and Buyer shall have no recourse against Seller for the house. Seller expressly disclaims any representations or warranties as to the value, condition or functionality of the house or its suitability for any particular purpose. Buyer represents and warrants that it is familiar with, and has made such inquiries and investigations as it U: \Word \Property \7210 House Purchase Agreement 120407.doc I deems necessary with respect to, the house and its current value, condition and functionality. Section 4. Removal of House. Buyer shall assume all costs and be responsible for the removal of the house from the underlying property. Prior to removal of the house, Buyer shall turn off and cap all utilities. After the removal, Buyer shall remove and dispose of the house's cinder block foundation and shall remove any other hazardous conditions, as determined by the Seller, that were created or uncovered by the removal of the house. Section 5. Indemnification Obligations. Buyer indemnifies Seller against, and holds Seller harmless from, any losses, claims, expenses, costs, causes of action or obligations (including reasonable attorneys fees) incurred in connection with, or arising from Buyer's ownership, possession, use, operation or disposition of the house. Section 6. Termination. This agreement shall terminate if the house is not removed from the property by December 31, 2007 or Buyer fails to abide by the terms of this Agreement. Section 7. Attorneys' Fees. In any action between the parties to this Agreement to enforce any of its terms, the prevailing party shall be entitled to recover expenses, including reasonable attorneys' fees and costs. Section 8. Governine Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. Venue for any action arising out of or relating to this Agreement shall lie in King County Superior Court. Section 9. Entire Agreement. This Agreement contains the entire understanding between the parties with respect to the subject matter hereof. There are no other representations, agreements, arrangements or understandings, verbal or written, between and among the parties relating to the subject matter of this Agreement. No amendment or modification to this Agreement shall be valid or effective unless made in writing and executed by all the parties after the effective date of this Agreement. U \Word \Property \7210 House Purchase Agreement 120407.doc 2 Section 10. Counterpart Ori>?inals. This Agreement may be executed in multiple counterpart originals, each of which shall be deemed to constitute an original Agreement, and all of which shall constitute one Agreement. The execution of one counterpart by a party shall have the same force and effect as if that party had signed all other counterparts. SELLER/CITY OF TUKWILA: Mayor vv1 �l c�t� Attest /Authenticated: z4 City (-1 Approved As To Form: ey KercefCity Attorney U \Word \Property \7210 House Purchase Agreement 120407.doc 3 Location Release DATE: la s 07 i SLver t'vl AM 1 I aye 206 4'33 i 8 S (Name) 1 1� Qu�4e (Phone) (Address) CIL, c:, t U l (4 C92oo c3E't:ti o.: i.zi Y;31%; cl 6 kt,i2 t 14 C Lid Owner hereby grants to the production companies WINDFALL FILMS 1 Underwood Row, London UK N1 7LZ AND CINEFLIX PRODUCTIONS (MEGA MOVES) INC NF (Mega) Inc 5505 St Laurent Blve, suite 3008, Montreal QC H2T 1 S6, CANADA Windfall Films, Cineflix Productions and NF to be known as "Producers" AND DISCOVERY COMMUNICATIONS, INC, FIVE BROADCASTING and NATIONAL GEOGRAPHIC INTERNATIONAL known as "Broadcasters" and their respective parents, subsidiaries and affiliates, licensees, successors and assigns, for good and valuable consideration, receipt of which is hereby acknowledged, permission to enter upon and use the property and the contents thereof and the appurtenances thereto located at L lt q.tv 10s ,J h 1�.►e eiTze-11 (the "Property for the purpose of photographing and recording certain scenes in connection with a program tentatively titled MONSTER MOVES (the "Program during production thereof, and as necessary during any extension, reshooting or preparation of publicity or promotion therefor. All physical embodiments of filming, recording and photography on the Property shall hereinafter be known as the "Materials Broadcasters and /or Producers may place all necessary facilities and equipment on the Property and agree to remove same after completion of work and leave the property in as good of condition as when received. Broadcasters and /or Producers will use reasonable care to prevent damage to said Property, and will indemnify the owner, and all other parties lawfully in possession, of said Property, and hold each of them harmless from any claims and demands of any person or persons arising out of or based upon personal injuries, death or property damage suffered by such person or persons resulting directly from any act of negligence on Producers and /or Broadcaster's part in connection with Producers and /or Broadcaster's use of the Property. Owner grants to Producers and /or Broadcasters all rights of every kind in and to the Materials including without limitation the right to exploit the Materials throughout the world, an unlimited number of times, in perpetuity in any and all media, now known or hereafter invented, and in connection with the Program, Broadcasters or otherwise and for advertising and promotional purposes in connection therewith and all rights, including copyright in the Materials shall be and remain vested in Producers and /or Broadcasters, and neither the Owner, nor any tenant, nor other party now or hereafter having an interest in the Property, shall have any right of action against Producers and /or Broadcasters or any other party arising out of any use of said Materials whether or not such use is, or may be claimed to be, defamatory, untrue or censorable in nature. The undersigned acknowledges that Producers and /or Broadcasters is photographing and recording such scenes in express reliance upon the foregoing. The undersigned represents and warrants that the undersigned has all rights and .iM..�i F.. +..r i., +,k, nnrl +n nron+ Oho rinhtc nr'anh rl hart.'' AGREED AND ACCEPTED: BY: 1, \i'nt, SZA\ DATE: tZI 5 161 t I Location Release Producers and /or Broadcasters are not obligated to actually use the Property or produce the Program or include the Materials in the Program for which it was shot or otherwise. Producers and /or Broadcasters may at any time elect not to use the Property by giving the owner written notice of such election, in which case, neither party shall have any obligation hereunder. This is the entire agreement. No other authorization is necessary to enable Producers and /or Broadcasters to use the Property for the purpose herein contemplated. Return Address: City of Tukwila Department of Community Development 6300 Southcenter Boulevard Tukwila, WA 98188 1 LOT CONSOLIDATION NUMBER Lo1 87 CITY OF TUKWILA, WASHINGTON Grantor(s): City of Tukwila Last Name First Name Additional grantors on page of document. Grantee(s): The Public Assessor's Property Tax Parcel or Account Number(s): 362304 -9009: 362304 -9059 Legal Descriptions: Before the Lot Consolidation: Legal Description Tax Lot 362304 -9009 20080407001690 CITY OF TUKWIL LLE 45.00 PAGE001 OF 004 04/07/2008 15:25 KING COUNTY, WA Last Name First Name That portion of the northeast quarter of the northwest quarter of Section 36, Township 23 North, Range 4 East, W.M., in King County, Washington, described as follows: Beginning at a point 30 feet north and 735.75 feet west of the northeast corner of Henry Adams Donation Land Claim Number 43; thence north 120 feet; thence east parallel to said north line 66 feet; thence south 120 feet; thence west 66 feet to the point of beginning. Page 1 of 2 That portion of the northwest quarter of Section 36, Township 23 North, Range 4 East, W.M., in King County, Washington, described as follows: Beginning at a point 669.75 feet west and 30 feet north of the northeast corner of Henry Adams Donation Claim No. 43, Section 36, Township 23 North, Range 4 East, W.M., in King County, Washington; thence North 1 39' 00" East 120 feet; thence South 88° 21' East to the west line of right -of -way of the Seattle- Tacoma Interurban Railway (Puget Sound Electric Railway) as heretofore acquired; thence south along said west line to a point on a line 30 feet north and parallel with the north line of said Henry Adams Donation Claim No. 43; thence westerly along said parallel line to the point of beginning. Situate in the City of Tukwila, County of King, State of Washington. After the Lot Consolidation: Legal Description Tax Lot 362304 -9059 Legal Description After Consolidating Tax Lots 362304 -9009 362304 -9059 That portion of the NE quarter of the NW quarter of Section 36, Township 23 North, Range 4 East, W.M., in King County, Washington, described as follows: Beginning at a point 669.75 feet west and 30 feet north of the NE corner of Henry Adams Donation Claim No. 43; thence westerly 66 feet along a line parallel to and 30 feet north of the north line of said Henry Adams Donation Claim No. 43; thence North 1 39' East 120 feet; thence South 88° 21' East to the west line of right -of -way of the Seattle- Tacoma Interurban Railway (Puget Sound Electric Railway) as heretofore acquired; thence south along said west line to a point on a line 30 feet north and parallel to the north line of said Henry Adams Donation Claim No. 43; thence westerly along said parallel line to the point of beginning. Situate in the City of Tukwila, County of King, State of Washington. Rev,}ewed and approved by the Short Subdivision Committee and hereby certified for filing this :L, day of 200 ,port ubdivision Committee Page 2 of 2 AFFIDAVIT OF OWNERSHIP FOR LOT CONSOLIDATION DECLARATION: Know all men by these presents that we, the undersigned, owner(s) in fee simple of the land herein described do hereby make a lot consolidation. The undersigned further declare this lot consolidation to be the graphic representation of said lot consolidation and the same is made with the free consent and in accordance with the desire of the owner(s). In witness whereof we have set our hands and seals. Name: �f T)Cet -xc>k� Name: t Name: Name: Name: Name: Name: Name: STATE OF WASHINGTON County of King On this day personally appeared before me to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledge that signed the same as free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN unde r my hand and official seal this day of c 20 C L '',B�1,y'••,, Signature: spa C'a r a N 9 Name as commissioned: a NaTtgy.� y .logo Title: \,D\ 800 G ,r My appointment expires: 5 1 tO ••loll••' d O� WAS Reviewed and approved by the Short Subdivision Committee and hereby certified for filing this day of 20 Chair, Short Subdivision Committee Page 1 of 1 66.0 PROPOSED SIDEWALK UTILITY EASEMENT S 8d 55.13 BE Use E MOVED LO-` 562304 -9Q59 Ay` C19,005 SF) 01111••• 01111110101 131.59 OOT UTILITY, PROPOSED b5 T RAIL EASEMENT ROADWA rn S 180Y\- S (S 43RD ST) LEG e MONICASE 40 NE CORNER 43 HENRY SON CLAIM NO ao X IN BRASS DISK —fir° 80 I FEE SCALE' I INCH