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HomeMy WebLinkAboutAgreements/Contracts - BOCC (002)PURCHASE. AND SALE AGREEMENT lVii. e K22-002 THIS PURCHASE AND SALE AGREEMENT ("Agreement") is dated this day of Darzarnhp-r 20-R, and is made by and between RICHARD W. BONESS, JR., a single man ("Seller"), and GRANT COUNTY, WASHWGTON, a Washington county under Ch. 36.01 RCW ("Purchaser"). RECITALS WHEREAS, Seller is the owner of two parcels of real property consisting of 56.91 acres, more or less, located in Grant County, Washington, and more particularly described in Exhibit "A" attached hereto (hereinafter collectively referred to as the"Property"); and WHEREAS, Seller desires to sell and Purchaser desires to purchase the Property, pursuant to the terms, covenants, and conditions herein set forth, NOW THEREFORE, IN CONSIDERATION of the mutual covenants and agreements hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows; AGREEMENTS 1. PURCHASE AND SALE, Subject to the terms and conditions of this Agreement, Seller hereby agrees to sell to Purchaser and Purchaser agrees to purchase from Seller, the Property together with any and all improvements and utilities (including municipal water, sanitary sewer, electric, etc.) now or hereafter located thereon(the "Improvements"); 2. PURCHASE PRICE. The purchase price for the Property is TWO HUNDRED EIG.HTY-FIVE THOUSAND and 00/100 Dollars($285,000) payable'as follows: .On the closing date, Purchaser shallpay Seller the sum of $285 00 including earnest money, by cashier's cheok, 3. EARNEST MONEY. Within five (5) business days after the date of the last counterpart signature to this Agreement, Purchaser shall deposit into escrow maintained by Closing Agent, as hereinafter defined, the sum of $5,000 as "earnest money" and in part payment of the purchase price for the purchase of the, Property. Except as otherwise provided in Sections 4.2 and 18, below, the earnest money is nonrefundable and shall be retained by Seller whether or not conveyance of the Property pursuant to the terms of this Agreement closes, unless failure to 21) 21 close is fault of Seller in which case the earnest money shall be refunded to Purchaser on the Closing Date. 4, INVESTIGATION OF THE PROPERTY, 4.1 Purchaser and Purchaser"s agents and employees shall have the right to conduct soils, engineering, environmental, and other tests at the Property at Purchaser's sole expense. Seller agrees to cooperate with any such investigations, inspections, or studies made by or at Purchaser's direction. Purchaser shall 'Indemnify and hold Seller harmless from any and all damages, expense, Hens or claims (including attorney's fees) arising out of entry on to the Property by Purchaser or its agents, contractors, or other persons authorized by Purchaser to perform examinations, test, studies, investigations or -services for the benefit of Purchaser and not caused by the acts or omissions of Seller, its employees, agents or contractors, provided that the 4 0 indemnity provided by this section shall not extend to any claims arising out of the discovery of existing conditions of the Property, 1 4.2 Closing of this transaction is conditioned on Purchaser's satisfaction with the Property, the suitability of the Property for Purchaser's intended uses, and the feasibility of this transaction in Purchaser's. sole and. absolute discretion (the "Investigation Contingency"), Purchaser shall have until 5:00 p.m. on January 15, 2022, to conduct its investigation the "Investigation Period"). If Purchaser fails to notify Seller and Closing Agent that the Investigation Contingency is not satisfied prior to 5:00 p.m. Pacific Time on the final day of the Investigation Period, then the Investigation Contingency shall be deemed waived, If Purchaser ,notifies Seller and Closing Agent that the Investigation Contingency is not satisfied prior to 5:00 p.m. Pacific Time on the final day of the Investigation Period, then this Agreement shall be deemed terminated and both Seller and Purchaser shall be released and discharged from all further obligations under this Agreement, the earnest money deposit shall be returned to Puxchaser, and exec -pt as provided in Section 4.1 above, neither party shall be subject to a claim by the other for damages of any kind with respect to this Agreement or Purchaser's attempt to purchase the Property. 541 SELLER'S WARRANTY, 5.1 Except as otherwise expressly provided in this Agreement, Seller covenants and warrants- that, to the Seller's actual knowledge, the Property does not violate applicable environmental, building, zoning or land use regulations, that Seller is unaware of any 2 environmental contmuination from hazardous wastes, hazardous substances or otherwise, or hazard or material defect in the Property and there are no underground storage tanks, situated in or upon this Property. 5.2 EXCEPT AS SET FORTH IN THIS AGREEMENT, THE PROPERTY IS BEING SOLD AND PURCHASED AS IS, WHERE IS, AND WITH ALL FAULTS, AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND OR NATURE WHATSOEVER, Without limiting the generality of the foam oxo except for Purchaser's representations, warranties and covenantssetforth in this Agreement,' Purchaser acknowledges that Purchaser is not relying on any other representation or warranty of Seller, express or implied,. 6. CLOSING DATE/CLOSING AGENT. Subject to the adjustments hereinafter set forth, closing of the conveyance of the Property shall take place on January 3 1, 2022, or such earlier date as the parties may agree in writing (the "Closing Date") which date shall be the termination date of this Agreement in the offices of Frontier Title & Escrow Company, 324 South Ash ' , Suite F, Moses Lake, Washington 98837 ("Closing Agent"). Notwithstanding the foregoing, Buyer shall not be required to travel to Closing Agent's office for closing. Rather, Closing Agent will send a representative to Buyer's residence to obtain Buyer's execution of all necessary closing 'instruments. 7. CONVEYANCE OF THE PROPERTY. On the Closing Date, title of Seller to the Property shall be marketable and conveyed byStatutory Warranty Deed free of all enewnbrances or defects, except those hereinabove described and standard exceptions contained in policies of title insurance issued by Frontier Title & Escrow Company with respect to real property similarly situated as the Property and those acceptable to or waived by Purchaser. Any encumbrances to be discharged by Seller shall be paid out of purchase money by Closing Agent as part of closing. S. SURVIVAL OF REPRESENTATIONS. Unless the context of this Agreement and the Contract clearly indicate to the contrary, all representations, covenants and warranties contained in this Agreement shall survive the Closing Date. 9. WAIVER. OF SELLER DISCLOSURE STATEMENT. Purchaser hereby expressly waives receipt of the Seller Disclosure Statement as provided in RCW 64.06.010. 3 However, if the answer to any of the questions in the section of the Seller Disclosure Statement entitled "Environmental" would be "yes", the Purchaser may not waive the receipt of the "Environmental" section of the Seller Disclosure Statement and Seller shall complete. and deliver to Purchaser the "Envirom-nental" section of the Seller Disclosure Statement Within five (5) business days after the date of the last counterpart signature to this Agreement. 10. TAXES AND ASSESSMENTS, Real property taxes and assessments for 2021, water and other utility charges or assessments which, if wipaid, may constitute liens against the Property shall be prorated as of the Closing Date and funds to pay therefor deposited with Closing Agent on the Closing Date for proper application and payment unless theparties agree otherwise. 11. TITLE INSURANCE. Purchaser shall order, concurrently with the execution of this Agreement, a preliminary commitment for title insurance 'issued by Closing Agent. If title is not insurable as herein provided and cannot be made so insurable as part of closing, the Earnest Money shall be refunded to Purchaser and all rights of Purchaser hereunder terminated. As soon as practical after the Closing Date, Seller shall cause Closing Agent to deliver to Purchaser an ALTA standard form Owner's Poliey of Title in the amount of the purchase price containing no encumbrances or defects against the Property other than those which are standard exceptions in policies issued by Closing Agent with respect to real property similarly situated as the Property, those permitted by Purchaser or those listed as encumbrances or defects elsewhere herein this Agreement, Buyer shall pay all premiums charged for the preliminary commitment, including any cancellation fee. Seller shall pay all premiulus charged for the policy of title insurance, including any cancellation fee. 12. ASSIGNMENT TO RELATED ENTITY. The parties shall not assign, convey, or transfer this Agreement, or any interest herein, except that Purchaser may assign this Agreement, in its entirety to an affiliate entity or an entity that is under Purchaser's control. 13. CLOSING COST. On demand of losing Agent, and not later than the Closing ng Date, Purchaser and Seller shall deposit with Closing Agent all monies (by cashier's check or wire transfer), instruments, and documents necessary to close the conveyance of the Property and shall execute all instruments and documents reasonably necessary to effect the conveyance of the Property on the terms and cond.l.tions set forth in this Agreement. The costs of closing, exclusive 4 of the purchase price, real and personal property taxes, purchased reserves, and proratable items to be deposited by cashier's check with Closing Agent shall be borne by the parties as follows: Notwithstanding the foregoing, Seller shall not be required to deposit any funds With Closing Agent if there are sufficient purchase money Ainds deposited by Purchaser with Closing Agent to satisfy all of Seller's monetary obligations as required in this Agreement, 'including payment of closing costs, 14. CLOSING ACTIVITIES. As soon as practical following the Closing Date, Closing Agent shall properly record acid or file necessary instruments and documents and proceeds of conveyance shall be distributed to Seller via wire transfer to the following bWc/account: Receiving Bank Name: Receiving Bank Addxess: Receiving Account Name: ACH.Routing No. Receiving Bank Account No.: Twin Star Credit Union 1109 Yelm Avenue East Yelm, Washington 98597 Richard W, Boness, Jr. 325181.015 43916600 mid/or applied against obligations of Seller and Purchaser as provided in this Agreement and in any Closing Statements executed by Seller and Purchaser as part of closing. 15. FAILURE TO CLOSE. If Closing Agent is unable to close the conveyance of the Property by 5:00 p.m. on the Closing Date in compliance with the provisions of this 5 Agreement because of the fault of one or the other of the parties, the party who is not at fault with respect to Closing Agent's inability to close shall have the right, upon giving written notice to Closing Agent, to terminate this Agreement. Upon receipt of such notice, Closing Agent is authorized and directed to return any instruments, documents and sums deposited by the parties with Closing Agent (except earnest money deposited by Purchaser) to the respective parties, less their respective shares of any fees and costs incurred by Closing Agent. If earnest money deposited by Purchaser is to be forfeited, the same shall be paid to Se'ller; and, if not to be Forfeited, it shall be refunded to Purchaser, In the event the party not at fault does not give such notice and Closing Agent is still unable to close the conveyance on or before a date which is thirty (30) days following the Closing Date, then, unless Closing Agent has received a written extension agreement signed by Seller and Purchaser, Closing Agent shall return to the respective parties any instruments, doomnents and. sums deposited by them less their respective shares of Closing Agent's fees and costs as provided herein; provided that, earnest money deposited by Purchaser to be forfeited shall be paid to Seller; and, if not to be forfeited, it shall be refunded to Purchaser. 16. CLOSING INSTRUCTIONS/DI SPUTT S-. All stuns deposited with Closing Agent shall be deposited into and disbursed by check from Closing Agenfs trust account. All documents, instruments and checks to be delivered to the respective parties are to be mailed to the respective parties at the addresses set forth on the signature page of this Agreement, unless either or both parties give written instructions to Closing Agent 'to the contrary or take personal delivery. Should Closing Agent, before closing the conveyance of the Property, receive or become aware of any conflicting demands of the parties with respect to the closing M*structions contained in this Agreement or the rights of any of the parties hereto, or for any money or property deposited herein or affected hereby, Closing Agent shall have the right to discontinue any and all further acts on its part to be performed until such conflict is resolved to the mutual satisfaction of Closing Agent and the parties hereto; and if not resolved, Closing Agent shall have the further right to commence or defend any action or proceeding for the resolution of such conflict. Closing Agent shall have the right to file a suit in interpleader and iti the event Closing Agent does so, it shall be fully released and discharged from all other and further obligations imposed upon it by this Agreement, and the parties as determined by the court shall pay or Closing reimburse the ng Ag* ent.for all fees (including fees of attorneys, accountants and others) and I 31 costs incurred in any such action or proceeding. No notice, demand or change of instruction to Closing Agent other than as contained herein shall be of any effect or binding on Closing Agent unless given in writing, signed by Seller and Purchaser and accepted in writing by Closing Agent. The obligations of Closing Agent hereunder are confined to the performance of those instructions speol"fically given to Closing Agent in this Agreement and those given in subsequent documents, if any, signed by Seller and Purchaser and accepted in writing by Closing Agent. 17. DEFAULT.. In the event Purchaser fails, without legal excuse, to complete the purchase of the Property on the Closing Date, the Earnest Money shall be forfeited to Seller as the sole and exclusive remedy available to Seller for such failure to purchase. SQ11-ev -'s Ini is Purchaser's Initials 18. LOSS OR DESTRUCTION OF THE PROPERTY. If prior to the Closing Date, all or any portion of the improvements which are part of the Property 'are destroyed or materially damaged by fire or other casualty, Purchaser may elect to terminate this Agreement by notice and the Earnest Money thereupon shall be refunded to Purchaser. If, on the other hand, following any such damage or destruction, Purchaser elects not to terminate this Agreement, all insurance proceeds shall be applied to replace or repair the damage or destroyed improvements as directed by Purchaser with the balance of any such insurance proceeds, if any, to be retained by Seller, 19, ATTORNEYS' FEES AND COSTS. If either party hereto obtains an attorney to bring suit or proceeding (including. arbitration) to enforce or seek a declaration of rights under or arising from this Agreement, or employs an attorney in or out of court in any bankruptcy or reorganization proceedings to enforce., establish or protect such party's rights hereunder, or to procure an adjudication or determination of the rights of the parties hereto, the party who prevails in such suit or proceeding (ineluding arbitration and bankruptcy) shall be entitled to all of its reasonable attorneys' fees, together with the reasonable costs of title and property searches, appraiser's fees, expert fees, accounting fees, ex -parte fees, reports, photocopies, telephone tolls, mileage, travel, boarding, and any advanced costs and fees and all other necessary and reasonable costs so incurred which sums shall be included in any settlement, agreement, order, 7 judgment, award or decree, including any appeals therefrom or enforcement thereof. The venue of any action brought under this Agreement shall be at the option of either party in. the county where all or any portion of the Property is located. 20. NOTICES. Any and all communications, notices or demands required or permitted to be given in this Agreement must be given in writing and mailed by certified first- class U. S. mail, return receipt requested, with postage fully prepaid and addressed to the address of Purchaser or Seller, as the case may be, set forth on the signature page of this Agreement, or alternatively, by delivering the same to Closing Agent. Notices or demands given in compliance with the provisions of this paragraph shall be deemed effective on the second business day following deposit in the U.S. Mail or delivery to Closing Agent. If either or both Purchaser and Seller are comprised of more than one (1) person or entity the signature of -one (1) individual (in a representative capacity in the case of an entity) is and shall be sufficient to bind the party giving notice. 21. TIME. Unless otherwise expressly provided herein, any period of time specified in this Agreement shall expire at 5:00 p.m. on the last calendar day of the specified period of time; provided that, any specified period of five (5) days or less shall include business days only, 22. INTEGRATED AGREEMENT. There are no other prior or contemporaneous verbal or other agreements which modify, amend, or affect this Agreement. This Agreement constitutes the full understanding and agreement between Seller and Purchaser respecting the conveyance of the Property. All subsequent modifications or waivers of any covenants, agreements and conditions of this Agreement and any amendments hereof shall only be effective if 1"n writing and signed by the parties. 23, CONSTRUCTION. This Agreement shall be construed as a whole and in accordance with its fair meaning. Captions mid the organization of paragraphs are for convenience only and shall not be used in construing meaning or interpretation. 24. ENVIRON MI] ENTAL INDEMNITY. Notwithstanding any other waivers and indemnities contained in this Agreement, Seller shall defend, indemnify and hold Purchaser and Purchaser's directors, officers, employees, agents, assigns and successors in interest harmless from and against any and all claims, expenses (including attorneys' fees and costs), losses and liability whatsoever arising out of or in any way related to environmental contamination of the Property (including contamination from .hazardous substances or hazardous wastes as defined by 8 applicable federal and state law) occurring prior to the Closing Date or to the testing therefor or any and all clean-up, remediation, or correction thereof, and whether or not the performance of such work or activities is required by any governmental agency, under any order imposed by any court or governmental agency or voluntarily undertaken. 25. NO WAIVER. The waiver by either party of the performance of any covenant, condition or promise- including the time for performance thereof on the part of the other party, shall not invalidate this Agreement, nor shall it be considered to waive the fall and timely performance of any other covenvait, condition or promise contained herein. The exercise of any remedy provided by law or by this Agreement shall not exclude any other remedy, unless it is expressly excluded herein. 26. TIME OF ESSENCE. Time is of the essence of each and every covenant, condition and promise of this Agreement, 27. EXHIBITS, All documents and instruments exhibited to this Agreement are by the references thereto throughout this Agreement incorporated into and made a part of this Agreement as though fully set forth herein. 28. BROKERS.. Neither Seller nor Purchaser becomelegally obligated to or used any finder, broker or real estate agent in connection with the conveyance of the Property. Seller and Purchaser shall each def -end, indemnify and hold the other harmless from and against all brokerage commissions or finder's fees or claims therefor payable in connection with the conveywice of the Property resulting from the acts or omissions of the indemnifying party. 29. EXECUTION IN COUNTERPARTS. This Agreement shall not be binding upon any party until signed and delivered by both Seller mid Purchaser provided, however, it may be executed in one or more counterparts and delivered by facsimile or email. Any such counterpart upon execution and delivery shall be deemed a complete original binding the parties subscribed thereto upon execution by both Seller and Purchaser to this Agreement. Such counterparts,, once executed, shall together constitute the final Agreement. Photocopies and/or facsimile and/or email transmissions of original signatures shall be considered in all respects equivalent to original signatures. 0 GRANT COUNTY, WASHINGTON, a Washington county under Ch. 36.01 RCW Danny - 'tone,, CC Chair By: Rdb4on�e ice -\C air By: EndY Cart1r., Member Address: Post Office Box 37 Ephrata, Washington 98823 Telephone.- (509) 754-2011 PURCHASER On 2021, aS,f C>&.tn./p.m. RICHARD BONESS, JR, hereby approves and accepts the sale and purchase embodied by the foregoing Agreement and agree to carry out all of the terms, covenants and conditions thereof on the part of Seller. RICHARD BONES S, JR. further acknowledges receipt of a true copy of this Agreement signed by both parties. Approved as to form: C cC -a- MONO (Printed (Si-rled) 0 epu-Prosecuting Attorney RICHARD BONESS, JR, By; 4 licha y4 Bones , Addresd: ILI�Vro, 9 t>, A- C, Telephone:,395- R.- -�7- 1-11 SELLER 10 EXHIBIT "All LEGAL DESCRIPTIONS Parcel 1: 'That portion of the S'uutheast quarter of Soction 22� and, -the Southwest quic-a-ter of Section 23, a.11 in Tawriship 2.1. 'North, Range .2.6 EMM., G."runt Coull , 'Washington., lying Southe- ly of Ste,1-t,c 282, described. as follows; ty, r Beginning tit a USB R brass cap monu-nel.l.t marking the South. quarter corner of said Section 22, said point bears South 001263 811 West, 2649,36 J�eotfrorn a USBR pipe juarking thoce-riter of said Section22; thence Nofth 00126.38" East, followitig th-c North-Sauth addsectioii line of said Seetion 22, 104.24 feet, to an i11tC-FSeCt*I 0n With the -Easterly boundary of` a. Cotinty Road right-of-way as dosoribed under Auditor's 17i I e N utn.ber 5 5 64.0 7, reco: lids of (1 -rant C ,0U11ty, Washington, sa'd point being inarked by a. J-bu-iid 1/2 inoli With Slurveyor's cap stamped. LS 8588, thence North, 28145'05" 'East, fiollowi.-ng said right-of-way bMndarylt 1.371.52 fect, to a found 112 inch rebar with surveyorts cap staniped LS 8588 and the True Poi -ti t of Beginning; thellee 00-01[auing No-fth 28'45'05" Eas"t, 630.64 feet, to an. inte-i-scotio: w'th thel Southerly .n i right-of-way baundaty of State Highway 282, said point being 75.00' 'Beet perpendicularly distar.it llrom and Southerl of the centerline of said. State * ghway right-ofway and imaried by a. 1/2 inch re -bar with Y Fli surveyor's eq staxnped LS 41292; the -1-100 Sotith 58'4758" East, following said. Southorly State Highway right-of-way, 21.5 '.91 feet -to a 1/2 inch rebar with Surveyor's cap stamped U8 41292; thence South 00'18'00" 'est.� 71.9.91. feet, tO M, interseo-tion with the South boul-n.dary of said. Section 29, said point bei-n.g marked 'by a 1/2 inch rebar, with. suIrveyor's cap staniped 1,S 41292; thence N'orth. 89'2915011wesit following the oath boundat-y of sa-id. Section 23, 1.47,06 -fiect., to the co,11111on soutb. -Section camer of said U-nd . ry of said Secti on 22, Sections 2.2 and. 2'1; thOJI.Ce 89'30'.1011 West, following the South bo- a,- 1467,8494 -feet, to a found 1/2 inch rebar with surve,,vor's cap staniped LS 8588, thenceNorth 24'39'37 East, 975.12215 feet,. to a 1/2 inch rebar with surveyor's cap stainped LS 4 1.12)92;thence North 66'22'42" West, 1021.21 feet to the 'frue Point of Beginning. APN: 160866002 Parcel 2: 2�, 0 -1 Rajige 26 E. 'WM,, Grant "Mat port.ion of the Sotitheast quarter W` Section 21 lFowliship 21 'N* rd,, < Cou..nty, Washingatoll, lying Southerly of Static Hi 282, describod as follows: Beginn-ing at a. TJSBR brass cap man.u.ry rent rnarking the South quarter corner of said Section 21, said point bears South 00'26.38" West, 2649.36.fieet from in USHR pipe mafklhig the confer of said Secti"on 221 then.oe-N.oith 00'4263 8 11 East, -fiollowin.g th.e North-S011-th Vnid-section line of said Section 22, .1.04.24 Beet to anfilterseeflon. with the Eas.-terly bOUndary of a County 'Road right-of-way as described wider.A.-Li.d.litor's File Number 556407, records of Grant Coulity, Washingtoll, to a found. 1/2 inch rebar witb suneyorls cap starnped LS 8588, said point also be-hig the "i"rue Pohit of.Begil .I . 11ijig, thonce cont.fi-wing North 00126'3 81' .East. following said niid.-section Iffie, 1.499.40 f'oetJo Westerly corner of 825017, records of G I rant Comity, Washi-11 I oi .gton, sajd point being marked by a 1/2 J.1-i.ch robar with surveyo.t's celp stamped 41292; thence South 89'33'23" East, fiollowing -the Southerly boundary of said Auditor's File 71-6.74 feet I tO J" 11 "Ite-1-secti0l, wi-di the Westerly right-of-way boundary of saild Co"anty Road, said. point being rear ed by a 1/2 inch re6ar with stirveyor's cap scan ed LS h i 41.292- thence North 28145'0511 East followffig said WesterIv right-of-way botnidai-y, 7152:tbet I A�f .0 1 to I found 1/2 ilich rebar with surveyor's ca 11 .1 stamped 1.,S 8588; f1le, oe South 6 1 114'55" East, perpendicular to said right-of-way boundary., 80.00 feet, t1l I to an i.n.tersection with the Easterly right-of-way boundary of said County Road, said point being marked by a 1/2 inch rebar with surveyor's cap stamped LS 41292; thence South 28'45'05" West,, following said right-of-way boundary, 360,98 feet, to a found 1/2 inch rebar with surveyor's cap stamped LS 8588; thence continuing South 28'45'05" West:) 13 71.52 feet, to the True Point of Beginning. EXCEPT that portion deeded to the City of Ephrata by deed recorded March 31, 2009, under Auditor's File No. 1252594. .APP: 160853000 SUBJECT TO this land is included within the Quincy Coltunbia Basin Irrigation District and is subject to laws and regulations of the United States and the State of Washington relative to the Columbia Basin Project and is liable for further assessments, if any, levied by said District. SUBJECT TO Cowity Road right of way; Over: A strip of land 80 feet in width in the West half of the Southeast quarter of Section 22; Recorded: June 16, 1970; Auditor's File No: 556407 SUBJECT TO an easement for electric distribution lilies, together with the necessary appurtenances, including the terms, covenants and provisions thereof, as granted by instrument recorded October I1 1954, under Auditor's File No. 231174; To: PUBLIC UTILITY DISTRICT NO. TWO; Affects: Subject premises. SUBJECT TO an easement for electric distribution lines, together with the uccessary appurtenances., including the terms, covenants and provisions thereof, as granted by instrument recorded August 26, 1979, under Auditor's File No. 558403; To: PUBLIC UTILITY DISTRICT NO. TWO; Affects: Subject promises. SUBJECT TO Ingress and Egress and future County or City Road easoment as granted in deed in favor of Fredrick W. Rantz recorded December 16, 1999, under Auditor's File No. 105 9768. SUBJECT TO an easement for maintenance of mi existing Fence line over and across said premises as granted 'in instrument recorded December 16, 1999, under Auditor's File No, 1058769 SUBJECT TO relinquishment of all existing, future or potential easements for access, light, view and air mid all rights of ingress, egress and regress to, from and between said promises and the highway or, highways to be constructed on the lands conveyed. by deed; Recorded: December 16, 1.954 and June 1.2, 1958 Recording No.: 23 53 64 and 31933 6 To: The State of Washington SUBJECT TO relinquishment of all existing, fat -Lire or potential easements for access, light, view and air and all rights of ingress, egress and regress to, from and between said premises and the highway or highways to be constructed on the lands conveyed by deed; Recorded, Docernber 6, 1989 Recording No.: 833366 To: The State of Washington 12 SUBJECT TO matters as set forth on Survey: Recorded: Ju.tie 15, 2005 Recording No.: 11711017 TOGETHER WITH ALL WATER AND WATER. RIGHTS, IF ANY, DITCHES, APPROPRIATIONS, FRANCHISES, PR ILEO SES, PERMITS, LICENSES AND EASEMENTS THAT .ARE ON, CONNECTED WITH, APPURTENANT TO OR USUALLY HAD AND ENJOYED IN CONNECTION WITH THE ABOVE-DESCRIBED REAL PROPERTY. TOGETHER WITH SUCH RIGHT, TITLE AND INTEREST AS SELLER. HAS OR. MAY HAVE OR MAY BE ABLE TO CONVEY WITH RESPECT TO RIGHTS AND SERVICES APPURTENANT TO THE ABOVE-DESCRIBED REAL PROPERTY INCLUDING, BUT NOT LIMITED TO, UTILITY SERVICES AND OTHER. SERVICES AND AGREEMENTS DIRECTLY BENEFITING THE ABOVE-DESCRIBED PROPERTY. TOGETHER. WITH ALL OILS, GASES, COAL OR. AS HYDROCARBONS, FOSSILS, MINERALS AND SUBSTANCES NOW OR HEREAFTER. HAVING ECONOMIC VALUE OF EATERY NAME KIND OR. DESCRIPTION (ALL HEREINAFTER. IN THIS PARAGRAPH "MINERALS"" WHICH MAY BE � IN OR UPON THE ABOVE-DESCRIBED READ PROPERTY OR ANY PART THEREOF, INCLUDING ALL, IMPROVEMENTS EMENTS AND FIXTURES SITUATED ON THE ABOVE-DESCRIBED REAL, PROPERTY ON THE DATE OF THIS AGREEMENT. 13