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20070531002574 F Return Address: City of Federal Way Attn: Public Works Dept. 33325 8th Avenue South PO Box 9718 Federal Way, WA 98063 -9718 20070531002574 PACIFIC NW TIT WD 36.00 PAGE001 OF 005 05/31/2007 14:34 KING COUNTY, WA STATUTORY WARRANTY DEED / t`t441 Sgicrgq l �J Grantor (s): BRIAN C. ALVIS, a single person Grantee (s): CITY OF FEDERAL WAY, a Washington municipal corporation Property Legal Description (abbreviated): Ptn of SW 1/4 NE 1/4 Sec 29 -21 -4 Additional Legal(s) on Exhibit A Assessor's Tax Parcel ID #(s): 292104 -9039 THE GRANTOR, BRIAN C. ALVIS, a single person, as his separate estate, for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, and under threat of the exercise of eminent domain, conveys and warrants to the CITY OF FEDERAL WAY, a Washington municipal corporation, the real property described in Exhibit "A" and depicted in Exhibit "A -1" herewith attached and made a part hereof, and any after - acquired interest therein, situated in King County in the State of Washington. E2288275 05/31/2007 14:31 KING COUNTY, WA 810.00 SALE $54,300.00 PAGE001 OF 001 - PARCEL: 2792104 -9039 DATED THIS . day of , 200 GRANTOR: BRIAN C. ALVIS Brian C. Alvis STATE OF WASHINGTON ss. COUNTY OF KING I certify that I know or have satisfactory evidence that BRIAN C. ALVIS is the person who appeared before me, and said person acknowledged that he signed this instrument and acknowledged it to be his free and voluntary act and deed, with full knowledge of its contents, for the uses and purposes therein mentioned. DATED thisd day of Zbr , 21 (SEAL) _ _ _� Notary Public Residing at Y ► � State or wai hM�pt ( - Notary m Public My appointment expires 5J Lt ( 09 WENDY J SCHULER My Appointment Erpbes May 4. 2009 1 � -2- PARCEL: 2792104 -9039 U L T I N G • ENGINEERS L i c :4 = ' City of Federal Way Job No. 571 -005 -004 November 13, 2006 EXHIBIT "A" LEGAL DESCRIPTION FOR RIGHT OF WAY ACQUISITION KING COUNTY PARCEL NO. 292104-9039 That portion of a the north 360 feet of the southwest quarter of the northeast quarter of Section 29, Township 21 North, Range 4 East, Willamette Meridian, in King County, Washington, Tying westerly of State Highway (SR 99), as established by deed recorded under Recording No. 1775843; EXCEPT that portion conveyed to King County for road purposes by deed recorded under Recording No. 698901; AND EXCEPT that portion conveyed to the State of Washington for road purposes by deed recorded under Recording No. 8106290505; AND EXCEPT that portion conveyed to the City of Federal Way for road purposes by deed recorded under Recording No. 9202061409, lying northerly and easterly of the following described line: COMMENCING at the northeast corner of said Section 29; THENCE along the north line of said subdivision, N 88 °32'26" W, 1581.01 feet to the monumented centerline of Pacific Highway South (SR 99); THENCE along said centerline, S 22°47'51" W, 963.50 feet to a monument in a steel casing, being nail set in concrete at the centerline of said Pacific Highway South; THENCE continuing along said centerline, S 22°48'31" W, 461.68 feet to the intersection of said Pacific Highway South and South 356 Street; THENCE continuing along said centerline, S 22°4g31" W, 214.09 feet; THENCE N 67 °11'29" W, 50.00 feet to the westerly margin of said Pacific Highway South AND the TRUE POINT of BEGINNING; 33915 1st Way South Tel (2531 838 6113 Bothell (4251 415 6144 Civil Engineering Land Planning Suite 200 Fax (2531 838 7104 www.esmcivit.com Project Management Public Works Federal Way. WA 98003 Toll Free (8001 345 5694 Land Surveying Landscape Architecture f City of Federal Way November 13, 2006 Page 2 THENCE N 01°55'07" W, 41.84 feet; THENCE N 22°48'31" E, 12.00 feet to a point of curvature; THENCE northerly 62.69 feet along the arc of a tangent curve to the left, having a radius of 38.00 feet, through a central angle of 94 °31'41'; THENCE N 22°48'31" E, 9.10 feet to a point of curvature; THENCE westerly 98.33 feet along the arc of a non - tangent curve to the left, having a radius of 272.00 feet, the radius point of which bears S 22 °10'36" W, through a central angle of 20 °42'49" to a point of tangency; THENCE N 88 °32'13" W, 76.59 feet; THENCE N 81°41'39" W, 84.05 feet to the southerly margin of South 356 Street AND the terminus of this line description. CONTAINING 6,777 square feet, more or less. See attached Exhibit "A -1 ". Written by: R.J.W. W. AC ' Checked by: D.WA titi. F � -^ ;, I IESM,JOBS1571100510041Document \LEGAL- 001.Doc " ' , t - - ,• 0 i 9 3' : 9 1 5:7 . 9 r . 72 f i s � 5 " 's 'b 'v , 9r. urn ',, EXPIFES 04/17/0g ■ _ /105 /c • EXHIBIT "A -1" N TO ACCOMPANY LEGAL DESCRIPTION FOR RIGHT -OF -WAY A PORTION OF THE SW 1/4 OF THE NE 1/41N SECTION 29, TWP. 21 N, RGE. 4 E, WM., CITY OF FEDERAL WAY, KING COUNTY, WASHINGTON PACIFIC HWY S STA. "P" 60 +00 S 356th ST STA. "A" 30 +00 = (N 106660.44, E 1270907.35) 25 26 "A" LINE 27 28 N 88'32'13 "W 2 9 10' (TYP) S 356th ST STA. (69 55' AP w STA. :"'A" 28 +53.00 ;(78.06' RT) PC 8 4.05 N88'32'13 "W - 76.59 __... \° STA "A" 26 +00.08 a (42.00' RT) AP N = 106628.68 O `. E = 1270506.48 8 = 272.009" eh °' r STA. "A" 26 +83.52 STA. "A" 27+60.11 R = 272.00 ). .� (52.00' RT) AP (52.00' RT) AP L = 98.33 2 4., A = 94'31'41" � R = 38.00 ry ,' J j� L = 62.69 Nn, P' ,4 STA. "P" 58 +35.91 (67.50' LT) PT STA. "P" 58 +23.91 (67.50' LT) AP " a,• Z' 6% 2921049039 ) J BRIAN ALVIS STA. "P" 57 +85.91 (50.00' LT) AP (� N = 70778.26 E = 1270778.26 / m C �� � ryry 1/4.) h /// " 5 w ri 1 t. v , ZC. - le' . # . - #x°7 G(2lNIS! C ALVIS Alik, , \I. it PAke..EL./ ;46 04 - 6414 ° PACIFIC NORTHWEST TITLE Company of Washington, Inc. C r ir (7=:, ii L / : ,n / . . 2do 7/) City of Federal Way rY Cler c 33325 8th Avenue South �1ty °f Feds 4 ✓a P.O. Box 9718 Federal Way, WA 98063 -97918 Attn: Public Works Dept. Order No.: 591989 Enclosed is your Policy for Title Insurance on the above - referenced transaction. Thank you for the opportunity of serving you. Please do not hesitate to call us locally at (206)622 -1040 or statewide at 1- 800 - 634 -5544. We look forward to working with you again. Curtis Goodman Title Officer Unit No. 12 215 Columbia Street d Seattle, WA 981 04 -1 51 1 f (206) 622 -1040 A Fax: (206) 343 -1358 http: / /pnwt.com • • " OWNER'S POLICY OF TITLE INSURANCE ISSUED BY z PACIFIC NORTHWEST TITLE INSURANCE COMPANY INC Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy ; '- must be given to the Company at the address shown in Section 18 of the Conditions. e COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE 8, AND THE CONDITIONS, PACIFIC NORTHWEST TITLE INSURANCE COMPANY, INC., a Washington corporation (the "Company ") insures, as of Date of Policy 1 . and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. >' , f 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from ;, 4 (a) A defect in the Title caused by . u - (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; 5 (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; s (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; ' (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. t < x ° (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. ' " ,.� «, (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate , and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land ,. a „; , onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. ” " 4. No right of access to and from the Land. r 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, v 0 regulating, prohibiting, or relating to m y -' (a) the occupancy, use, or enjoyment of the Land; � ' ' (b) the character, dimensions, or location of any improvement erected on the Land; - (c) the subdivision of land; or "` (d) environmental protection ' if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the s - extent of the violation or enforcement referred to in that notice. a i °m` 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. s, 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 1 t 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. f ' , 9. Title being vested other than as stated in Schedule A or being defective ` N (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the i. title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer ; constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or , (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has t been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. a: a -- � v « PACIFIC NORTHWEST TITLE a Incur nce Company, Inc. President r)--) Countersigned by. ,,_, .,.. . . ','"-4,:, ;`*0 --*/ A e , 3 s , 'C., W ' d�.°:"'r Authorized Signatory f AL g _ .Wmo PACIFIC NORTHWEST TITLE ', Seattle, Washington ,` 0 - 2061 - 9000251 ALTA OWNER'S POLICY - 6 -17 -06 g , , , . , • EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. CONDITIONS 1. DEFINITION OF TERMS 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The following terms when used in this policy mean: The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in (a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any decreased by endorsement to this policy, increased by Section 8(b), or decreased by claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage Sections 11 and 12 of these Conditions. for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is (b) "Date of Policy ": The date designated as "Date of Policy" in Schedule A. rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant (c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be entity, reduced to the extent of the prejudice. (d) "Insured ": The Insured named in Schedule A. 4. PROOF OF LOSS (i) The term "Insured" also includes In the event the Company is unable to determine the amount of loss or damage, the Company may, (A) successors to the Title of the Insured by operation of law as distinguished from at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of purchase, including heirs, devisees, survivors, personal representatives, or next loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against of kin; by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the (8) successors to an Insured by dissolution, merger, consolidation, distribution, or basis of calculating the amount of the loss or damage. reorganization; 5. DEFENSE AND PROSECUTION OF ACTIONS (C) successors to an Insured by its conversion to another kind of Entity; (a) Upon written request by the Insured, and subject to the options contained in Section 7 of (D) a grantee of an Insured under a deed delivered without payment of actual these Conditions, the Company, at its own cost and without unreasonable delay, shall valuable consideration conveying the Title provide for the defense of an Insured in litigation in which any third party asserts a claim (1) if the stock, shares, memberships, or other equity interests of the grantee covered by this policy adverse to the Insured. This obligation is limited to only those stated are wholly-owned by the named Insured, causes of action alleging matters insured against by this policy. The Company shall have the (2) if the grantee wholly owns the named Insured, right to select counsel of its choice (subject to the right of the Insured to object for reasonable (3) if the grantee is wholly -owned by an affiliated Entity of the named Insured, cause) to represent the Insured as to those stated causes of action. It shall not be liable for provided the affiliated Entity and the named Insured are both wholly -owned and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or by the same person or Entity, or expenses incurred by the Insured in the defense of those causes of action that allege matters (4) if the grantee is a trustee or beneficiary of a trust created by a written not insured against by this policy. instrument established by the Insured named in Schedule A for estate (b) The Company shall have the right, in addition to the options contained in Section 7 of these planning purposes. Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to other act that in its opinion may be necessary or desirable to establish the Title, as insured, or any successor that the Company would have had against any predecessor Insured. to prevent or reduce loss or damage to the Insured. The Company may take any appropriate (e) "Insured Claimant": An Insured claiming loss or damage. action under the terms of this policy, whether or not it shall be liable to the Insured. The (f) "Knowledge" or "Known ": Actual knowledge, not constructive knowledge or notice that may exercise of these rights shall not be an admission of liability or waiver of any provision of this be imputed to an Insured by reason of the Public Records or any other records that impart policy. If the Company exercises its rights under this subsection, it must do so diligently. constructive notice of matters affecting the Title. (c) Whenever the Company brings an action or asserts a defense as required or permitted by (g) "Land ": The land described in Schedule A, and affixed improvements that by law constitute this policy, the Company may pursue the litigation to a final determination by a court of real property. The term "Land" does not include any property beyond the lines of the area competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, adverse judgment or order. roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent 6. DUTY OF INSURED CLAIMANT TO COOPERATE that a right of access to and from the Land is insured by this policy. (a) In all cases where this policy permits or requires the Company to prosecute or provide for the (h) "Mortgage ": Mortgage, deed of trust, trust deed, or other security instrument, including one defense of any action or proceeding and any appeals, the Insured shall secure to the evidenced by electronic means authorized by law. Company the right to so prosecute or provide defense in the action or proceeding, including (i) "Public Records ": Records established under state statutes at Date of Policy for the purpose the right to use, at its option, the name of the Insured for this purpose. Whenever requested of imparting constructive notice of matters relating to real property to purchasers for value by the Company, the Insured, at the Company's expense, shall give the Company all and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the include environmental protection liens filed in the records of the clerk of the United States action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion District Court for the district where the Land is located. of the Company may be necessary or desirable to establish the Title or any other matter as (j) "Title ": The estate or interest described in Schedule A. insured. If the Company is prejudiced by the failure of the Insured to furnish the required (k) "Unmarketable Title ": Title affected by an alleged or apparent matter that would permit a cooperation, the Company's obligations to the Insured under the policy shall terminate, prospective purchaser or lessee of the Title or lender on the Title to be released from the including any liability or obligation to defend, prosecute, or continue any litigation, with regard obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery to the matter or matters requiring such cooperation. of marketable title. (b) The Company may reasonably require the Insured Claimant to submit to examination under 2. CONTINUATION OF INSURANCE oath by any authorized representative of the Company and to produce for examination, The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but inspection, and copying, at such reasonable times and places as may be designated by only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured the authorized representative of the Company, all records, in whatever medium by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the maintained, including books, ledgers, checks, memoranda, correspondence, reports, Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This e- mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or that reasonably pertain to the loss or damage. interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. ALTA OWNER'S POLICY - 6 -17 -06 . . CONDITIONS Continued (continued and concluded from reverse side of Policy Face) Further, if requested by any authorized representative of the Company, the Insured Claimant 11. LIABILITY NONCUMULATIVE shall grant its permission, in writing, for any authorized representative of the Company to The Amount of Insurance shall be reduced by any amount the Company pays under any examine, inspect, and copy all of these records in the custody or control of a third party that policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured reasonably pertain to the loss or damage. All information designated as confidential by the has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a others unless, in the reasonable judgment of the Company, it is necessary in the payment to the Insured under this policy. administration of the claim. Failure of the Insured Claimant to submit for examination under 12. PAYMENT OF LOSS oath, produce any reasonably requested information, or grant permission to secure When liability and the extent of loss or damage have been definitely fixed in accordance with reasonably necessary information from third parties as required in this subsection, unless these Conditions, the payment shall be made within 30 days. prohibited by law or governmental regulation, shall terminate any liability of the Company 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT under this policy as to that claim. (a) Whenever the Company shall have settled and paid a claim under this policy, it shall 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY be subrogated and entitled to the rights of the Insured Claimant in the Title and all In case of a claim under this policy, the Company shall have the following additional options: other rights and remedies in respect to the claim that the Insured Claimant has against (a) To Pay or Tender Payment of the Amount of Insurance. any person or property, to the extent of the amount of any loss, costs, attorneys' fees, To pay or tender payment of the Amount of Insurance under this policy together with and expenses paid by the Company. If requested by the Company, the Insured any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were Claimant shall execute documents to evidence the transfer to the Company of these authorized by the Company up to the time of payment or tender of payment and that rights and remedies. The Insured Claimant shall permit the Company to sue, the Company is obligated to pay. compromise, or settle in the name of the Insured Claimant and to use the name of the Upon the exercise by the Company of this option, all liability and obligations of the Insured Claimant in any transaction or litigation involving these rights and remedies. If Company to the Insured under this policy, other than to make the payment required in a payment on account of a claim does not fully cover the loss of the Insured Claimant, this subsection, shall terminate, including any liability or obligation to defend, the Company shall defer the exercise of its right to recover until after the Insured prosecute, or continue any litigation. Claimant shall have recovered its loss. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured (b) The Company's right of subrogation includes the rights of the Insured to indemnities, Claimant. guaranties, other policies of insurance, or bonds, notwithstanding any terms or (i) To pay or otherwise settle with other parties for or in the name of an Insured conditions contained in those instruments that address subrogation rights. Claimant any claim insured against under this policy. In addition, the Company 14. ARBITRATION will pay any costs, attorneys' fees, and expenses incurred by the Insured Either the Company or the Insured may demand that the claim or controversy shall be Claimant that were authorized by the Company up to the time of payment and submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American that the Company is obligated to pay; or Land Title Association (°Rules "). Except as provided in the Rules, there shall be no joinder or (ii) To pay or otherwise settle with the Insured Claimant the loss or damage provided consolidation with claims or controversies of other persons. Arbitrable matters may include, for under this policy, together with any costs, attorneys' fees, and expenses but are not limited to, any controversy or claim between the Company and the Insured incurred by the Insured Claimant that were authorized by the Company up to the arising out of or relating to this policy, any service in connection with its issuance or the time of payment and that the Company is obligated to pay. breach of a policy provision, or to any other controversy or claim arising out of the Upon the exercise by the Company of either of the options provided for in subsections transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. All loss or damage, other than the payments required to be made, shall terminate, arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be including any liability or obligation to defend, prosecute, or continue any litigation. arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to 8. DETERMINATION AND EXTENT OF LIABILITY this policy and under the Rules shall be binding upon the parties. Judgment upon the award This policy is a contract of indemnity against actual monetary loss or damage rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. sustained or incurred by the Insured Claimant who has suffered loss or damage by 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT reason of matters insured against by this policy. (a) This policy together with all endorsements, if any, attached to it by the Company is the (a) The extent of liability of the Company for loss or damage under this policy shall not entire policy and contract between the Insured and the Company. In interpreting any exceed the lesser of provision of this policy, this policy shall be construed as a whole. (i) the Amount of Insurance; or (b) Any claim of loss or damage that arises out of the status of the Title or by any action (ii) the difference between the value of the Title as insured and the value of the Title asserting such claim shall be restricted to this policy. subject to the risk insured against by this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated (b) If the Company pursues its rights under Section 5 of these Conditions and is by an authorized person, or expressly incorporated by Schedule A of this policy. unsuccessful in establishing the Title, as insured, (d) Each endorsement to this policy issued at any time is made a part of this policy and is (i) the Amount of Insurance shall be increased by 10 %, and subject to all of its terms and provisions. Except as the endorsement expressly states, (ii) the Insured Claimant shall have the right to have the loss or damage determined it does not (i) modify any of the terms and provisions of the policy, (ii) modify any either as of the date the claim was made by the Insured Claimant or as of the prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of date it is settled and paid. Insurance. (c) In addition to the extent of liability under (a) and (b), the Company will also pay those 16. SEVERABILITY costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of n the event any provision of this policy, in whole or in part, is held invalid or unenforceable these Conditions. under applicable law, the policy shall be deemed not to include that provision or such part 9. LIMITATION OF LIABILITY held to be invalid, but all other provisions shall remain in full force and effect. (a) If the Company establishes the Title, or removes the alleged defect, lien, or 17. CHOICE OF LAW; FORUM encumbrance, or cures the lack of a right of access to or from the Land, or cures the (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any covered by this policy and determined the premium charged therefor in reliance upon method, including litigation and the completion of any appeals, it shall have fully the law affecting interests in real property and applicable to the interpretation, rights, performed its obligations with respect to that matter and shall not be liable for any loss remedies, or enforcement of policies of title insurance of the jurisdiction where the or damage caused to the Insured. Land is located. Therefore, the court or an arbitrator shall apply the law of the (b) In the event of any litigation, including litigation by the Company or with the Company's jurisdiction where the Land is located to determine the validity of claims against the consent, the Company shall have no liability for loss or damage until there has been a Title that are adverse to the Insured and to interpret and enforce the terms of this final determination by a court of competent jurisdiction, and disposition of all appeals, policy. In neither case shall the court or arbitrator apply its conflicts of law principles to adverse to the Title, as insured. determine the applicable law. (c) The Company shall not be liable for loss or damage to the Insured for liability (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the voluntarily assumed by the Insured in settling any claim or suit without the prior written Company must be filed only in a state or federal court within the United States of consent of the Company. America or its territories having appropriate jurisdiction. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY 18. NOTICES, WHERE SENT All payments under this policy, except payments made for costs, attorneys' fees, and Any notice of claim and any other notice or statement in writing required to be given to the expenses, shall reduce the Amount of Insurance by the amount of the payment. Company under this policy must be given to the Company at 215 Columbia Street, Seattle, Washington 98104-1511. ALTA OWNER'S POLICY - 6 -17 -06 ill Standard Coverage PACIFIC NORTHWEST TITLE INSURANCE COMPANY, INC. A.L.T.A. OWNER'S POLICY SCHEDULE A Order No.: 591989 Policy No.: 2061 - 9000251 Policy Date: May 31, 2007 Amount: $54,300.00 at 14:34 p.m. Premium: $390.00 1. Name of Insured: CITY OF FEDERAL WAY, a municipal corporation 2. The estate or interest in the land described herein and which is covered by this Policy is: FEE SIMPLE 3. The estate or interest referred to herein is at date of Policy vested in: CITY OF FEDERAL WAY, a municipal corporation 4. The land referred to in this Policy is described as follows: As on Schedule A, page 2, attached. 411 Policy No.: 2061- 9000251 SCHEDULE A Page 2 The land referred to in this policy is in the State of Washington, and described as follows: That portion of a the north 360 feet of the southwest quarter of the northeast quarter of Section 29, Township 21 North, Range 4 East, W.M., in King County, Washington, lying westerly of State Highway (SR99), as established by deed recorded under Recording Number 1775843; EXCEPT that portion conveyed to King County for road purposes by deed recorded under Recording Number 698901; AND EXCEPT that portion conveyed to the State of Washington for road purposes by deed recorded under Recording Number 8106290505; AND EXCEPT that portion conveyed to the City of Federal Way for road purposes by deed recorded under Recording Number 9202061409, lying northerly and easterly of the following described line: Commencing at the northeast corner of said Section 29; Thence along the north line of said subdivision, north 88 ° 32'26" west, 1581.01 feet to the monumented centerline of Pacific Highway South (SR99) ; Thence along said centerline, south 22 ° 47'51" west, 963.50 feet to a monument in a steel casing, being nail set in concrete at the centerline of said Pacific Highway South; Thence continuing along said centerline, south 22 ° 48'31" west, 22 ° 48'31" west, 461.68 feet to the intersection of said Pacific Highway South and South 356 Street; Thence continuing along said centerline, south 22 ° 48'31" west, 214.09 feet; Thence north 67 ° 11'29" west, 50.00 feet to the westerly margin of said Pacific Highway South and the TRUE POINT OF BEGINNING; Thence north 01 ° 55'07" west, 41.84 feet; Thence north 22 ° 48'31" east, 12.00 feet to a point of curvature; Thence northerly 62.69 feet along the arc of a tangent curve to the left, having a radius of 38.00 feet, through a central angle of 94 ° 31'41 "; Thence north 22 ° 48'31" east, 9.10 feet to a point of curvature; Thence westerly 98.33 feet along the arc of a non - tangent curve to the left, having a radius of 272.00 feet, the radius point of which bears south 22 ° 10'36" west, through a central angle of 20 ° 42'49" to a point of tangency; Thence north 88 ° 32'13" west, 76.59 feet; Thence north 81 ° 41'39" west, 84.05 feet to the southerly margin of South 356 Street and the terminus of this line description. END OF SCHEDULE A • . Standard Coverage PACIFIC NORTHWEST TITLE INSURANCE COMPANY, INC. A.L.T.A. OWNER'S POLICY SCHEDULE B Policy No.: 2061 - 9000251 This policy does not insure against loss or damage by reason of the following: GENERAL EXCEPTIONS: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public record. 3. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey or inspection of the premises. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records, or liens under the Workmen's Compensation Act not shown by the public records. 5. Any title or rights asserted by anyone including but not limited to persons corporations, governments or other entities, to tide lands, or lands comprising the shores or bottoms of navigable rivers, lakes, bays, ocean or sound, or lands beyond the line of the harbor lines as established or changed by the United States Government. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 7. Taxes or special assessments which are not shown as existing liens by the public records. 8. Any service, installation, connection, maintenance, capacity, or construction charges for sewer, water, electricity or garbage removal. 9. Indian tribal codes or regulations, Indian treaty or aboriginal rights, including, but not limited to, easements or equitable servitudes. SPECIAL EXCEPTIONS: As on Schedule B, attached. Policy No.: 2061 - 9000251 SCHEDULE B Page 2 SPECIAL EXCEPTIONS: 1. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: GRANTEE: Puget Sound Power & Light Company PURPOSE: Guy Pole with wires and anchors, together with necessary appurtenances thereto AREA AFFECTED: A 5 -foot right -of -way, lying within the east 10 feet of the north ten feet of the east 250 feet of said premises RECORDED: October 11, 1996 RECORDING NUMBER: 9610110544 2. Matters disclosed on a survey recorded under Recording Number 7906219003. 3. GENERAL AND SPECIAL TAXES AND CHARGES: FIRST HALF DELINQUENT MAY 1, IF UNPAID: SECOND HALF DELINQUENT NOVEMBER 1, IF UNPAID: YEAR: 2007 TAX ACCOUNT NUMBER: 292104 9039 -04 LEVY CODE: 1205 AFFECTS: Includes other property CURRENT ASSESSED VALUE: Land: $683,600.00 Improvements: $0.00 AMOUNT BILLED GENERAL TAXES: $7,780.10 SPECIAL DISTRICT: $1.77 TOTAL BILLED: $7,781.87 PAID: $3,890.94 TOTAL DUE: $3,890.93 (continued) 11/ • Policy No.: 2061 - 9000251 SCHEDULE B Page 3 4. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: Brian C. Alvis, a single person as his sole and separate property TRUSTEE: First American Title Insurance Co., a corporation BENEFICIARY: Thomas Alvis and Shirley A. Alvis as Trustees of The Alvis Family Living Trust Dated March 18, 1993 AMOUNT: $357,060.00 DATED: May 14, 2004 RECORDED: May 17, 2004 RECORDING NUMBER: 20040517003154 AFFECTS: Includes other property The amount now secured by said Deed of Trust and the terms upon which the same can be discharged or assumed should be ascertained from the holder of the indebtedness secured. A partial release of said deed of trust has been recorded under recording number 20070221000956. Said partial reconveyance does not reference the recording number of the above deed of trust. A rerecord of said document is suggested. END OF SCHEDULE B MS /can . . 411 .. . . • _ . NE 1/4, Section 29 -21 -4 _ I • / r ■ N 0 �-' - - - - - - - - „s.. ' '' 1 c 4do...,,,,,..,..?. ..7(ao4ryu,,,WgS(wo.,./rw os(•a 7.....N.. -• 0.• a r 01 n.wr.a NQ- drio }�.A 6 ss•sc. r, - ygY.psw P� oi.e 309.38 N 4 S. 356TH. ST. Ng':,"...:?; a s.v ((( ve N / Z - .e. " : sa X 61 • 1. i „ s, /a, I N hr h ..ro'Ok P9' CD :4, ti t \ 0 i 4 t / r e a� • l 0 a.. i 4 ti p a°F 4 b ar �Az \ { y e , 6 f ey ° 'W r g e � $�N \ K' y � N m ( 39 f y J 3 '- _ .. a P r - -, s R.t 1 i �i ss {se i ° e L 0T x\,°"9tsv- w y 4 •4 a .s gr a • o Lori pti m t � a 1 !Y i ''' M y1r O 4 M n (..;1 1 4 M L+ n �k ■ 4 4 o � K.; C7801240947 0 �v� / / Q `'J a 4 _ /e / � ti 5� e L0T 3 . b �j ___ �_f ti o O S� L r _ 1W 9 N en ` ^4 ,bC • t, p. 02 _ (7 2c N,3 , � j. \ .`v m 5 1 30O'Z= s '1 a p„,,. / �. I y�S3 '1 ; /.sl i. 0 1 ii N PACIFIC NORTHWEST TITLE Order No . 591989 Company of Washington, Inc. IMPORTANT: This is not a Plat of Survey. It is furnished as a convenience to locate the land indicated hereon with reference to streets and other land. No liability is assumed by reason of reliance hereon.