HomeMy WebLinkAbout1965 - Real Estate Contract - Sammamish Commercial Company / Associates Grocers - 58478065847806
REAL ESTATE CONTRACT BETWEEN SAffidAMISN
CCHMERCIAL COMPANY, INC., SELLER, AND
ASSOCIATED GROCERS,, INCORPORATED. PURCHASER
THIS CONTRACT, made as of the 5th day of February, 1965, between
sammamish commerical company , INC. , A 1Jashtagtoa corporation (hereinafter
called tha "Seller"), and ASSOCIATED GROCERS, INCORPORATED. a cooperative
association organized under the lava of the State of Washington (hereinafter
called the "Purchaser"),
W I T N E S S E T 11:
1. The Seller agrees to moll to the Purchaser and the Purchaser
agrees to purchase from the Seiler the following described real estate. with
appurtenances, situated Ln King County, Washington;
That portion of the Southwest k of the Southeast 14
of Section Z6, Township 23 North, Range 4 £.tat %I.).,
TOGETHER WITH Chat portion of the Alnrthweat i of the
Northeast of Section 15, Township 23 North, Range
4 East w K. in King County, described as follows_
Beginning at the Southwest corner of the Southeast 1
of said Section 26;
thence Sou" 8) °44'08" East along the South tine of
said Southeast t a distance of J40_18 feet to the true
point of beginning; thence North 010E2'25" East parallel
to the West line nC said Southeast _ a distance of 1318. 7
feet to the North line of the Southwest ' of said Southeast k;
thence South 87°55'02" East along said North line a distance
of 1185.75 feet to the Northeast corner thereof;
thence South 01047129" west along: the East line of said.
Southwest of this Southeast ' 0 distance of 1322.34 feet
to the :forth fins of the Northeast : of said Section 35;
theocc south 01°51139" West along the East line of the
Northwest . of said Northeast a distance of 1242.18
fret to the Northerly margin of the C 8 Bissell County
Road plc. 9;
thenco North 87 °50'09" west along sold Northerly margin
which in 30 feet Nurthurly of the South line of said Ng rib-
weer } of the Northeast k a distance of ,u75.36 foot to the
East line of the West 249.37 feet of sa.d Northwest k of
Cho Northeast } as measured along the South liege of said
subdivision; thence North 02°24'12" East along said East
line a dl,:tance of 400 feet to the North line of the South
430 feet of said Northwest of the Northeast Y as measured
Mang the IiJesi lino of said subdivision; thence North 87 °50'09"
West along said North line a distance of 109.21 feet;
thence Borth 02026'12' East parallel to tI West line of
said Northwest k or the Northeast a distance of 594.23
feet to the true point of beginning;
EXCEPT tha East 30 foot thereof which wilt be dedicated
to the Town of Tukwila for road and utility purposes.
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7; Situate iu the Town of Tukutla, County of King, State of
r` Washington.
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2. The sale of the above described property >,s free of All Liens and
encumbrances of every type and nature, and in respect thereto the following
acknowledgments and agreements are exchanged between the parties;
(4 At the time of the execution of this contract the Pacific
Telephone and Telegraph Company, by instrument recorded under Auditor's pile
No. 25S6741, has a right -of -way eaacu ns across the above described property.
The Seller x111, on or before October 1, 1967, cause said telephone company to
release said easement. ft Is understood that to effect the release of said
easement Lt will be necessary for the Seller to pay some compensation to t.e
said telephone company to effect the removal of its utility lines, and the
Seller shall bear the full amount of soy such costa, And Purchaser shall in no
manner be required to make any payment related thereto. Before February L.
1967 Sethi' will deliver to Purchaser binding commitment of the Totophoue
company to purchaser that such easement w[II be released and its property
removed ua or before octaber 1, 1967, all without cost or expt.nse to Purchaser.
(b) At the time of the execution of this contract there Ls an case-
ment for a drainage pipe 15 feet in width over a portion of the East Half of the
Northwest Quarter of the Northeast Quarter of said Section 35 is created by
instrument recorded under Auditor's File Ho. 2829202. Seiler will, without
cost to the Purchaser, effect the termination of said easement and make all
necessary array n_monts with the holder of sold easement to remove the drainage
/lee now tnrtalltd an the property being sold, on or before December 31, lIb6.
3. Se11cl will retain the right of possession until December 31, 1)b5
of the prop.•tiv sold under the terms of this. contract, Seller _hall further
have the right to remove any end all buildings now located upon the property
described prior to December 3l, 1965. 11 the buildings aro nor removed by that
date thee shall berm& the property of the Purchaser, and ail eights of the
Sailer to the ntrueturer shalt terminate. The Seller is trot obligated to
remove the buildings or any part thereof save and except that the Slier is
rcquinud under separate contrast to fill said property to a height of 22±, and
in the event that the removal of said buildings is required to accomplish said
(111 the Seller shall be required as a part of said separate contract to bear
the expense of such removal as may be required to accomplish the required filling
operations-
4. The purchase price for said property is the sum of 5380,060.00, of
which $100,000,00 has beeu paid, the receipt vberuof is hereb ..keowledgcd, and
the Purchaser agree, to pay the balance of said purchase price as follows;
Ca) The full balance of the purchase price a[11 be payable on
February 1, 1967; conditioned upon the Seller having fully complied with all
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the terms and conditions of this contract on its part to be performed.
(b) The Purchaser will haul the right to prepay Ibis contract at
time.
any me.
(c) No interest shall bo payable upon the deferreet halanse of this
Clntract provided that the 6e£ler, having fully performed till of its covenants
and agreements under the terms of this contract by February 2, 1967, vi11 there-
after be untitled to interest upon any unpaid balance of toe purchase price at
6Z per annum until paid. Receipt of the payment of such interest at any time
after the maturity of the payment date of the balance of the purchase price
s'u2l not waive any otncr rights of tho Seller under the terms and provisions
of this contract.
5. The Purchaser agrees;
(a) To pay the 1966 real estate taxes upon the property subject to
sale, and all subsequently accruing real estate taxes; all such amounts to be
paid before delinquency.
(b) To pay all Inca: improvement assessments which may become a
lien upon the property sold under the terms of this contract subsequent to
February 5, 1965. In the event the Seiler shall receive notice of any proposed
formation of a Local Improvement District incorporating this property prior to
the conveyance of title thereto to the purchaser. It shall promptly advise the
Purchaser of such proposed farmtion of a District or a proposed assessment by
any existing District. Notwithstanding this sub - paragraph (b) in the event any
such Iocal improvement assessment shalt be for1wprovomcnt of the property
sold under the terms of this contract which the Seller has under separate contrnpt
agreed to accomplish for Purchase=, the Seller Will pay the full amount of such
assessment or Purchaser may at !to election deduct such amount from the final
payment on February 1. 1967.
(c) Purchaser will permit no waste upon the premises nor use the
premises for any Illegal purpose.
(d) If the Purchaser shall fail to pay before delinquency any taxes
or assessments as specified in (a) and (b) above, the Seller may pay them and
the amounts so pnid steal) be deemed part of the purchase price and shalt be
payable forthwith. with Interest et the rare of 6Z per annual until paid. without
irejudtcti to any ether rights of the Seller by reason of such failure.
6. The Purchaser aegumepa all rlek of the taking of any part of the
property for a public use and agrees that any such taking shall not constitute
n fal''lro of consideration, best ail eomeys received by the Seller by reason
thereof shall be applied al n payment on account of the purchase price, less
any sums which the Seller may be required to expend in procuring such moneys.
7. The Seller agrees, upon full compliance by the Purchaser with its
ah;rwements herein, to execute and deliver to the Purchaser a warranty deed to
the property, excepting any part which may have been condcened, free of
cnrua►brances except those above expressly assumed hay Purchaser. and any that
may accrue horeefter throng' any person ocher than the Seller.
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n. The Seller agrees to furnish in ATA form a Transamerica Title
Insurance Company Purchaser's Title Policy (or such other company as the
Purchaser may expressly approve) upon the execution of this contract, insuring
tam title to said property in the amount of the above purchase price, free of
encumbrances
except any which are assumed by the Purchaser and tha two easements
described in paragraph 2 hereof; nothing hereto contained to it •ny way modify
the obligation o_ the Seller to effect the r^leaue of said easements and the
removal of the installations related thereto, all without cost to the Purchaser.
9. Notwithstanding any of the provisions herein contained, the
Purchaser shall not be required to mike any final payment under the terms of
this contract until such time as the title insurance company issuing the original
policy of title insurance under the provisions of this contract shall issue to
the Purchaser a supplemental policy showing that as of the date of the actual
transfer of title to the property sold under the terms of this contract and the
conveyance thereof by deed the property is free and clear of all liens and
encumbrances upon account of the filling, in.tallation of utilities, and other
improvements me provided for under the terms of a separate contract between the
parties to be accomplished by the Seller and /or any other liens or encumbrances
suffered by the Seller other than such as the Purchaser shall have neroed to
assume and psy. In the event such liens and encumbrances are shown by search
preparatory to the isruaece of ouch a policy in the supplemental title report of
the title insurance company, the Purchaser may at its election apply any balance
of the purchase pries. payable to the Seller upon account of the discharge of such
liens send encumbrances unieis the Salter shall certify that such ilenr and
encumbrances are the subject of dispute in good faith. and the Seller abate
furnlbh such surety bond na the Purchaser may approve, indemnifying the Purchaser
against any loss or injury by reason of the existence of such liens or encumbrances
and any coat or expense of litigation resulting therefrom, Including any attorneys'
fees which may he allowed to any such lion claimant, Nothing heroin contained
shall be conatrucd as releasing in any manner the Seller from its obligation to
Cully perform oil of the terms and conditions of this contract.
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r- represent the additional cost by reason of such policy being in ATA form over
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the cost of said policy in the standard purchaser fora issued by the title
Purchaser will pay title insurance premium coats for the initial
Purchaser's Policy to be issued under the terms of this contract which shall
insurance company. In like manner, Purchaser will pay tbL cost of the supple-
mental search and policy as of the date of ultimate conveyance.
10. Time is of the essence hereof, and in the event the Purchaser
s;a11 fail to comply with or perform any condition or agreement hereof promptly
at the time and in the mangier herein required, the Seller may elect to declare
all of the Purchasers rights hereunder terminated; provided, however, that
blares the exercise of any each right the Seller shall give the Purchaser thirty
(30) days notice in writing of the claimed default and the Purchaser shall have
the right during said 30 day period to effect the cure thereof, and if such
default is of a nature not capable of being cured within such 30 day period it
shall not be declared in default an long as It shall with reasonable expedition
and dispatch move to cure such default. In the event that after such notice
the Purchaser shall fail to cute such default or promptly tale, action to centre
such default in the event the nature thereof cannot be cure.: within 30 days,
then the Seller may declare a termination of the Purchaser's rights hereunder,
and all payments made hereunder and all improvements placed upon the premises
Shell be forfeited to the SelIcr as liquidated damages, and the Seller shall have
the right to re -enter and take posaesston of the property; and if the Seller
_ alter such forfeiture shall commence an action to procure an adjudication of
the termination of the Purchaser's rights hereunder, the Purchaser agrees to
pay tho expense of searching the title for the purpn.o of such action, together
viih all costs and a reasonable attorneys' (ce.
11. All notices required under this contract shall bd gives or dude
to the reapective parties hereto at the followLig addressees
TO SELLER:
Sam amish Commercial Company, inc,
an Harold 1. Iv
15700 57th Avenue South
Seattle, Washington 98188
and,
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VEIL 4629 Mil 6
GQ 2512 - 2nd Avenue
Seattle, uashingtoa
J: Attention: H. T. Harstad
TO ?MEANER: Associated Grocers, Incorporated
P. O. Box 3763
Seattle, Washington 98124
Notices under the provision hereof shall be .ent by registered mail
addressed to the addresses specified above. No return receipt shell be required
and such registered notice shall be considered as given when deposited in the
United States Post Office, properly addressed, with postage properly prepaid,
irrespective of whether or not such notice eual1 actua ly No received. By
like notice any party may designate another or different address to which
notice is to be given.
IN IJITNEss W1:REOF the parties hereto have hereunto spt their bands
and seals the date first above written.
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SAHHAHISH COMMERCIAL CCIPAHY, INC.
By Y
President
By
Secretary
SELLER
SALES
PAirro
TAX LIEN
FEa24 Ma
wiumms
nulAsuitint
STATE OF
cowlrrr OF
as.
X146291 7
On this 0144day of February, I965, personally appeared
to me known to the President - respectively of SAMMANON COMMERCIAL
COMPANY, INC., a lJeahington corporation, the corporation that executed the
foregoing instrument, and acknowledged said instrument to Ise the free and
voluntary act and deed of said corporation fer the uses and purposes therein
meatiened, and on oath stated that they were authorised t,, execute the said
instsizment and that the seal affixed is the corporate seal of said corporation.
Iii vrnzsS WfEREOF, I have hereunto set my au nd and affixed my official
seal the day and year st above written. , lei•
and
STATE OF WASHINGTON
COUNTY OF KIM )
XS.
"Ln and for
of l���r� w L`�
at
v.
e . tate
_smelting
Ors this ' day of February, 1965, personally appeared W. E. RHODES
and a, 11. MOM to me known to be the President and Aaaistant Secretary
respectively of ASSOCIATED GROCERS, INCORPORATED, a COOperative association
organized under the taws of the State of Washington, ttw association that
executed the foregoing instrument, and acknowledged said instrument to be the
irce and voluntary act and deed of said association for the uses and purposes
therein mentioned, and on oath stated that they wore authorised to execute the
said instrument and that the seal affixed is the corporate seal of said
association.
IN WITNESS WHEREOF I have horeentrr set my land and affixed my official
seal the day and year Ilrst above written.
.rq
Notary Public in and for the Stott' of
Washington, residing at Rrilovue.
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DEPUTY
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