HomeMy WebLinkAbout19-142 - King County - Land Sale AgreementKING COUNTY TAX TITLE TERMS of SALE 19-142
Council Approval 4/1119
This is an offer by King County to sell real property under the "Terms" detailed below. By signing
these Terms and providing King County with the full Payment of the Purchase Price, the Buyer
accepts King County's offer under the following Terms.
1. King County, a political subdivision of the State of Washington (the "Seller") is the
owner of that certain real property located at XX S 130th Place King County, State of
Washington, the legal description of which is attached hereto as Exhibit A (the "Property"). The
Property was the subject of a foreclosure order of the King County Superior Court and the Seller
acquired the Real Property in trust for the taxing districts by deed under Recording Number
20140303000511 by virtue of RCW 84.64.200 in tax title status as the result of no qualifying
bids being received at a tax foreclosure sale.
2. The City of Tukwila, a municipal corporation (the "Buyer"), accepts Seller's offer and
agrees to purchase the Property under these Terms of Sale (the "Terms"). Buyer is advised and
agrees that the Terms are not intended as legal advice, and if the Buyer has questions they shall
seek the advice of an attorney.
3. In consideration of the conveyance of the Property, Buyer shall, in full payment
therefore, pay to Seller a total purchase price of Three -Thousand Dollars ($3,000) (the "Purchase
Price"). Buyer shall provide Seller with payment for the full amount of the Purchase Price
("Payment") and a signed copy of the Terms. The agreement to purchase the Property shall be
effective as of the date these are received by the Seller.
4. Buyer acknowledges and agrees that the Property is sold "As Is" and
"Where Is" without any representations or warranties expressed or implied.
5. By agreeing to these Terms, and providing the Seller with the Payment and a signed copy
of the Terms, Buyer enters into a binding contract to purchase the Property and agrees to and is
subject to the Terms as a matter of contract.
6. Buyer is required to conduct all due diligence of the Property prior to agreeing to the
Terms and accepting Seller's offer. Buyer is to rely solely on their own investigation of the
Property and shall not rely on any information provided or to be provided by Seller. Buyer
acknowledges and agrees that King County is not liable or bound in any manner by any verbal or
written statements, representations, or information pertaining to the Property, or the operation
thereof, furnished by any agent, employee, or contractor of King County, any real estate broker,
or any other person.
7. Seller has not made, does not make, and specifically negates and disclaims any
representations, warranties, promises, covenants, contracts or guarantees of any kind or character
whatsoever, whether express or implied, oral or written, past, present or future, of, as to,
concerning, or with respect to the value, nature, quality, or condition of the Property (collectively
"Condition of the Property"), including, without limitation; the actual, threatened or alleged
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King County Tax Title Terms of Sale Tukwila APN: 2172000385 Page 1 of 11
existence, release, use, storage, generation, manufacture, transport, deposit, leak, seepage, spill,
migration, escape, disposal or other handling of any Hazardous Substances in, on, under or
emanating from or into the Property, and the compliance or noncompliance of or by the Property
or its operation with applicable federal, state, county and local laws and regulations, including,
without limitation, Environmental Laws and regulations and seismic/building codes, laws and
regulations. For purposes of this Agreement, the term "Environmental Law" shall mean: any
federal, state or local statute, regulation, code, rule, ordinance, order , judgment, decree,
injunction or common law pertaining in any way to the protection of human health, safety, or the
environment, including without limitation, the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, 42 U.S.C. § 9602 et. seq. ("CERCLA"); the Resource
Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq. ("RCRA"); the Washington
State Model Toxics Control Act, RCW ch. 70.105D ("MTCA"); the Washington Hazardous
Waste Management Act, RCW ch. 70.105; the Federal Water Pollution Control Act, 33 U.S.C. §
1251 et seq., the Washington Water Pollution Control Act, RCW ch. 90.48, and any laws
concerning above ground or underground storage tanks. For the purposes of this Agreement, the
term "Hazardous Substance" shall mean: any waste, pollutant, contaminant, or other material
that now or in the future becomes regulated or defined under any Environmental Law.
8. To the maximum extent permitted by RCW ch. 64.06, Buyer expressly waives the right
to receive from King County a seller disclosure statement ("Seller Disclosure Statement").
Nothing in any Seller Disclosure Statement delivered by King County creates a representation or
warranty by King County, nor does it create any rights or obligations on any party.
9. By agreeing to the Terms, Buyer approves and accepts the Condition of the Property, and
agrees to purchase the Property and accept the Condition of the Property "AS IS, WHERE IS"
with all faults and patent or latent defects. Buyer shall have no recourse against King County for,
and waives, releases and discharges forever King County from, any and all past, present or future
claims or demands, and any and all past, present or future damages, losses, injuries, liabilities,
causes of actions (including, without limitation, causes of action in tort) costs and expenses
(including, without limitation fines, penalties and judgments, and attorneys' fees) of any and
every kind or character, known or unknown (collectively, "Losses"), which the Buyer might
have asserted or alleged against King County arising from or in any way related to the Condition
of the Property, including without limitation, matters related to Hazardous Substances or
Environmental Laws.
10. Seller shall convey to Buyer the title to the Property by Quit Claim Deed in substantially
the form attached hereto as EXHIBIT B. In conveying the Property by Quit Claim Deed, Seller
makes no title warranties whatsoever and Buyer takes subject to all easements, leases, licenses,
conditions, encroachments, restrictions, liens, taxes, assessments, fees, charges and other
encumbrances (together "Encumbrances") whether such Encumbrances are of record or not. The
Parties acknowledge and intend that any property interests in the Property in favor of the County
in effect prior to the acquisition of the Property by the County at the tax foreclosure sale pursuant
to RCW 84.64.200 did not merge with the County's tax title ownership of the Property and
remain in full force and effect.
King County Tax Title Terms of Sale
Tukwila APN: 2172000385 Page 2 of 11
11. The Closing shall occur within fifteen (15) business days of the Seller receiving the
signed Terms and the Payment. At the Closing, Seller shall execute the Quit Claim Deed, a Bill
of Sale in substantially the form of Exhibit C, and a Certificate of Non -Foreign Status
substantially in the form of Exhibit D, shall record the executed Quit Claim Deed, and shall have
the original Quit Claim Deed, Bill of Sale and Certificate of Non -Foreign Status mailed to Buyer
at the address provided in Section 14 of the Terms. Seller shall not be responsible for payment
of any taxes, assessments, fees or other charges related to the Property.
12. Buyer represents and warrants that Buyer has full power and authority to execute the
Terms and to perform Buyer's obligations hereunder.
13. The following exhibits described herein and attached hereto are fully incorporated into
this Agreement by this reference:
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
Legal Description
Quit Claim Deed
Bill of Sale and Assignment
Certificate of Non -Foreign Status
14. Buyer is to provide the below information:
City of Tukwila, a municipal corporation
Name in which Buyer would like to take title to the Property
6200 Southcenter Blvd Tukwila, WA 98188
Address
206-433-1800
Phone number
Rick.Still@TukwilaWA.gov
Email
King County Tax Title Terms of Sale
Tukwila APN: 2172000385 Page 3 of 11
EXECUTED on the dates set forth below.
Buyer:
By:
Title:
Date:
Allan Ekberg
Mayor
APPROVED AS TO FORM
Of ice of the City At
4Acl.(4A) 41, C(47
King County Tax Title Terms of Sale
(signature)
(printed name)
Tukwila APN: 2172000385 Page 4 of 11
EXHIBIT A.
LEGAL DESCRIPTION
TRACT 76, EAST RIVERTON GARDEN TRACTS SECOND ADDITION, ACCORDING
TO THE PLAT THEREOF, RECORDED IN VOLUME 12 OF PLATS, PAGE 79, IN
KING COUNTY, WASHINGTON,
LESS NORTHERN PACIFIC RAILROAD RIGHT OF WAY;
ALSO LESS THAT PORTION NORTHWESTERLY OF LINE PARALLEL WITH AND
785.70 FEET SOUTHEASTERLY OF THE NORTHWESTERLY LINE OF SAID
TRACT MEASURED ALONG THE SOUTHWESTERLY LINE OF RIGHT OF WAY.
APN: 217200-0385-03
King County Tax Title Terms of Sale
Tukwila APN: 2172000385 Page 5 of 11
EXHIBIT C
BILL OF SALE AND ASSIGNMENT
THIS BILL OF SALE is made as of this /4- --- day of a'e ---.-2019, by KING
COUNTY, a political subdivision of the State of Washington ("Sel er"), in favor of the City of
Tukwila, a municipal corporation ("Buyer").
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which is hereby acknowledged, Seller does hereby absolutely and unconditionally give, grant,
bargain, sell, transfer, set over, assign, convey, release, confirm and deliver to Buyer all of
Seller's right, title and interest in and to any and all equipment, furniture, furnishings, fixtures
and other tangible personal property owned by Seller that is attached, appurtenant to or used in
connection with the real property legally described on the attached Exhibit A.
IN WITNESS WHEREOF, Seller has executed this Bill of Sale as of the date first above
written.
SELLER:
By:
Name: -an
Title: Manager, Real EstServices
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EXHIBIT A
To Bill of Sale and Assignment
Legal Description
TRACT 76, EAST RIVERTON GARDEN TRACTS SECOND ADDITION, ACCORDING
TO THE PLAT THEREOF, RECORDED IN VOLUME 12 OF PLATS, PAGE 79, IN
KING COUNTY, WASHINGTON,
LESS NORTHERN PACIFIC RAILROAD RIGHT OF WAY;
ALSO LESS THAT PORTION NORTHWESTERLY OF LINE PARALLEL WITH AND
785.70 FEET SOUTHEASTERLY OF THE NORTHWESTERLY LINE OF SAID
TRACT MEASURED ALONG THE SOUTHWESTERLY LINE OF RIGHT OF WAY.
APN: 217200-0385-03
King County Tax Title Terms of Sale
Tukwila APN: 2172000385 Page 10 of 11
EXHIBIT D
Seller's Certification of Non -Foreign Status under
Foreign Investment in Real Property Tax Act (26 U.S.C. 1445)
Section 1445 of the Internal Revenue Code provides that a transferee of a U.S. real
property interest must withhold tax if the transferor is a foreign person. For U.S. tax purposes
(including Section 1445), the owner of a disregarded entity (which has legal title to a U.S. real
property interest under local law) will be the transferor of the property and not the disregarded
entity. To inform the transferee that withholding of tax is not required upon the disposition of a
U.S. real property interest by King County ("Transferor"), the undersigned hereby certifies the
following on behalf of Transferor:
1. Transferor is not a foreign corporation, foreign partnership, foreign trust, or
foreign estate (as those terms are defined in the Internal Revenue Code and
Income Tax Regulations);
2. Transferor is not a disregarded entity as defined in Section 1.1445-2(b)(2)(iii);
3. Transferor's U.S. employer identification number is 91-6001327;
4. Transferor's office address is King County Facilities Management Division, Real
Estate Services Section, Room 800 King County Administration Building, 500
Fourth Avenue, Seattle, WA 98104.
Transferor understands that this certification may be disclosed to the Internal Revenue
Service by transferee and that any false statement contained herein could be punished by fine,
imprisonment, or both.
Under penalties of perjury I declare that I have examined this certification and to the best
of my knowledge and belief it is true, correct, and complete, and I further declare that I have
authority to sign this document on behalf of Transferor.
Dated this 1(day of Q -- (ems-- , 2019.
King County, Transferor:
By:c..
Name:4Biyail' Iague°°""°
Title: Manager, Real Staie Services
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