20070620002282 Return Address:
City of Federal Way 70620228
Attn: Public Works Dept. \ Itt1 "
00 35,00
33325 8th Avenue South PACIFIC NW TIT WO
P.O. Box 9718 pAGE001 OF
06/20/2007 14: 14:41
Federal Way, WA 98063 -9718 KING COUNTY, WA
E2292581
06/20/2007 14 :29
KING COUNTY, WA 10.00 OF 001
SALE $19,90.00 PAGE001
-;" ( .... 0_ STATUTORY WARRANTY DEED ,5
Grantor: LIBERTY LAND HOLDINGS, L.L.C.., a Washington limited liability company
Grantee: CITY OF FEDERAL WAY, a Washington municipal corporation
Property Legal Description: Lot 1, East Campus Medical Center Div. No. 1 V112/P3-4
Additional Legal(s) on Exhibit A
Assessor's Tax Parcel ID#(s): 215470 -0010
THE GRANTOR, LIBERTY LAND HOLDINGS, L.L.C., a Washington limited liability company, 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.
DATED THIS b day of O\CLUK , 2007
GRANTOR
LIBERTY LAND HOLDINGS, L.L.C.
N. ,ash! EN
ItsaT
B 0 /,
DIANA D. S
-1- PARCEL: 215470 -0010
STATE OF WASHINGTON
ss.
COUNTY OF ICING
On this \ (0 day of 'Mal( , before me personally =neared LARRY N. HANSEN and DIANA D. HANSEN t me known to be the_ f l
and \i v�l -�0∎ ()JAN*" of LIBERTY LAND HOLDINGS, L.L.C., a Washington limited liability
company, that executed the foregoing instrument, and acknowledged said instrument to be the free and 'voluntary
act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that
they are authorized to execute said instrument.
GIVEN under my hand and official seal the day and ye.\1. .t above fl .
(Printed Name)
Notary Public m and for the tate of
Washington, residing at - at -
(.4b^^.
jERI-VOIN CLARK My appointment expires 20 b'
STATE of WASHINGTON
NOTARY — • -- PUBLIC
commisixoN MORES 044049 L
- PARCEL: 215470 -0010
SCALE r=60' iN,
0 60 120 147
o \ LIBERTY LAND
N HOLDING LLC
w (215470 -0010 )
to
N. \ rn
N
LOT 1 OF PLAT --I
L \- OF EAST CAMPUS z
W .. MEDICAL CENTER rn
Z DIVISION 1. T--
G -4
rn
` (f) S88'39137 - 51157'09 "E
103.05' 9.25'
1
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SE 1/4 SEC. 20 d= 5012'29" f
R= 25.00' - ( PO8
P--- L =21. _
S 88 E 1085.07' — — S. 348TH ST.
LIBERTY LAND HOLDING LLC •
TPN 215470 -0010
ROW TAKE: 884 SQ. FT. (0.02 AC)
SE 1/4 OF SECTION 20, TOWNSHIP 21 NORTH, RANGE 4 EAST W.M.
fGATE 1E: 214 EM�R 2- 244T -0f006 3 DESCRIPTION EASEMENTS.dwg 1231 FRYAR AVENUE EXHIBIT A.1
NO
SUMNER, WASHINGTON 98390
, Inc. T. 253.863.5128 F. 253.863.0946 PARCEL NO - 0010
Parametrix
www.parametrix.com RIGHT OF WAY
EXHIBIT A
RIGHT -OF -WAY
DESCRIPTION FOR PARCEL
215470 -0010
A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER
OF SECTION 20, TOWNSHIP 21 NORTH, RANGE 4 EAST OF THE WILLAMETTE
MERIDIAN IN THE CITY OF FEDERAL WAY, COUNTY OF KING, STATE OF
WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION;
THENCE ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER SOUTH
88 EAST 1085.07 FEET; THENCE NORTH 01 ° 20'47" EAST 50.00 FEET TO
THE SOUTHEAST CORNER OF LOT 1 AS SHOWN ON THE PLAT OF EAST i
CAMPUS MEDICAL CENTER DIVISION 1, RECORDED IN VOLUME 112, PAGES
3 AND 4, RECORDS OF SAID COUNTY AND THE POINT OF BEGINNING;
THENCE ALONG THE SOUTH LINE OF SAID LOT 1 NORTH 88 °39' 13" WEST
85.98 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A 1
RADIUS OF 25.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE
21.91 FEET THROUGH A CENTRAL ANGLE OF 50 °12'29" TO A LINE PARALLEL
WITH AND 9.00 FEET NORTH OF SAID SOUTH LINE OF LOT 1; THENCE
SOUTH 88 ° 39'13" EAST ALONG SAID PARALLEL LINE 103.06 FEET TO THE
EAST LINE OF SAID LOT 1; THENCE ALONG SAID EAST LINE SOUTH
11 °57'09" EAST 9.25 FEET TO THE POINT OF BEGINNING.
CONTAINING 884 SQUARE FEET, MORE OR LESS.
-- wAsii- -f.4 3
• : 4 a 21 . 1 „,
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51.1314. 21)070(0200022-R2- SEP _ 9 2009
PACIFIC NORTHWEST TIME vULL'C' WORKS
DEPAR; MF lT
Company of Washington, Inc. o S _ $ Z
Qcx.cceI `j
Li 8vtTy LAND
City of Federal Way
33325 8th Avenue South
PO Box 9718
Federal Way, WA 98063 -9718
Attn: Marj Currie -Hicks
Order No.: 613868
Your Ref.: S. 348th HOV #7
Dated: September 8, 2009
Dear Customer
Enclosed is your Policy for Title Insurance on the above referenced
transaction.
The major recording has occurred on the date of the enclosed Policy.
We have not received the proper documentation to eliminate certain
items which would allow us to issue the Policy as requested. When
this /these matter(s) do clear, please notify us and we will issue an
endorsement eliminating the specific exception(s).
Thank you for the opportunity of servicing you. We look forward to
working with you.
Sincerely
Curtis Goodman
Title Officer
Unit No. 12
215 Columbia Street A Seattle, WA 98104 -1511 A (206) 622 -1040 A Fax: (206) 343 -1358
http: / /pnwt.com
III
•
OWNER'S POLICY OF TITLE INSURANCE ISSUED BY
P A CIFIC NOR T H WEST TITLE INSURANCE COMPANY, INC.
Any no tice of claim and any other notice or statement in writing required to be given to the Company under th Poli
� must b g iven to the Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE
CON DITIONS, PACIFIC NORTHW TITLE INSURANCE COMPANY, INC., a Washington corporation (the "Company) insures, as of Date of Policy
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 tieing vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against Ions from
c (a) ° A defect in the Title caused by
(i) forgery , fraud, undue influence, duress, incompetency, incapacity, or impersonation;
(t) failure of any person or Entity to have authorized a tr or conveyance;
(ii) a document affecting Title not properly created, executed, witnessed, sealed acknowledged, notarized, or delivered;
(iv failure to perform those acts necessary to create a document by electronic means , authorized bylaw;
(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 procee
(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
onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land.
3. Unmarketable Title.
4. Na right of access to and from the Land.
5. The violati on or enforcement of any taw, ordinance, permit, or governmental regulation (including those relating to buitding and zoning) restricting,
regulating, prohibiting, or relatin to
(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 at notice, describing any part enforce of the Land, is recorded in the Public Records owes setting not forth covered the violation or intention to enforce, but only to the
extent of the violation or ment referred to in that
Re
notice.
6 An e n f or ce ment action based on the exercise of a vemmental olice rds b Covered Risk 5 if a notice of the enforcement
ac d e s cribing any part of the Land, is recorded in the Public co, but only to the extent of the enforcement referred to in that notice.
' 7. The exercise of the
government rights of em domain if a notice of the exercise, describing any part of the Lahr, is recorded in the Public Records.
8. Any taking by a al by that has occurred and is binding on the rights of a purchaser for valremedyue without Knowledge.
9. Title being vested other than as stated. o Schedule A or being d
(a) as tituted a a result of any the n avoidance in whole or in part, or fro m a court order providing an atemative , of a transfer of all or any part of the
title to or i t or terest in the Land preferen occurring prior to ntion vesting Title as shown in Schedule A because that prior transfer
cons fraudulential transfer under the tra federal bankruptcy, state insolvency, or similar creditors' rights laws; or
(b) because the instrument of transfer vesting Title as shown i sac
n 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) 10 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
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.
y
PACIFIC NORTHWEST' TITLE
___Zi....-- dt-))//is....;--7.,........,..
Tnaumnce Compan Tn President
Countersigned by:
l m u *
[; Authorized Signatory
3 SEAL e
� � 4.
PACIFIC NORTHWEST TITLE
Seattle. Washington
0- 2061 - 9003486 ALTA OWNER'S POLICY - 6 -17-06
• •
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 govemmental 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 (rid) if the Title, as insured, is
(b) Tate 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
(0) 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, shag
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 obfigation is United to only those stated
are wholly-owned by the named Insured, causes of action alleging matters insured against by this policy. The Company shag 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) 11 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), (8), (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
(1) "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 (1) 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 (i) 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 fumish the required
(k) "Unmarketable Title ": Tide 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 (1) an estate or that reasonably pertain to the loss or damage.
interest in the Land, or (hi) 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. guaranies, 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 Toss 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.
(1) 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 (1) 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, attomeys' 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
• .
Standard Coverage
PACIFIC NORTHWEST TITLE INSURANCE COMPANY, INC.
A.L.T.A. OWNER'S POLICY
SCHEDULE A
Order No.: 613868 Policy No.: 2061 - 9003486
Policy Date: June 20, 2007 Amount: $19,090.00
at 14:41 p.m. Premium: $350.00
1. Name of Insured:
CITY OF FEDERAL WAY, a Washington 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 Washington municipal corporation
4. The land referred to in this Policy is described as follows:
As on Schedule A, page 2, attached.
•
Policy No.: 2061 - 9003486
SCHEDULE A
Page 2
The land referred to in this policy is in the State of Washington, and
described as follows:
That portion of Parcel A described as follows:
A portion of the northwest quarter of the southeast quarter of
Section 20, Township 21 North, Range 4 East, W.M., in Federal Way,
in King County, Washington, more particularly described as follows:
Commencing at the southwest corner of said subdivision;
Thence along the south line of said northwest quarter south
88 ° 39'13" east 1085.07 feet;
Thence north 01 ° 20'47" east 50.00 feet to the southeast corner of
Lot 1 as shown on the plat of East Campus Medical Center Division 1,
according to the plat thereof recorded in Volume 112 of Plats,
pages 3 and 4, in King County, Washington and the point of
beginning;
Thence along the south line of said Lot 1 north 88 ° 39'13" west 85.98
feet to the beginning of a curve to the right having a radius of
25.00 feet;
Thence northwesterly along said curve 21.91 feet through a central
angle of 50 ° 12'29" to a line parallel with and 9.00 feet north of
said south line of Lot 1;
Thence south 88 ° 39'13" east along said parallel line 103.06 feet to
the east line of said Lot 1;
Thence along said east line south 11 ° 57'09" east 9.25 feet to the
point of beginning.
PARCEL A:
Lot 1, East Campus Medical Center Div. No. 1, according to the
plat thereof recorded in Volume 112 of Plats, pages 3 and 4, in
King County, Washington.
END OF SCHEDULE A
•
• •
Standard Coverage
PACIFIC NORTHWEST TITLE INSURANCE COMPANY, INC.
A.L.T.A. OWNER'S POLICY
SCHEDULE B
Policy No.: 2061- 9003486
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.
4
Policy No.: 2061 - 9003486
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, a
Washington corporation
PURPOSE: An underground electric distribution
system
AREA AFFECTED: A centerline 7 feet in width, as
constructed or to be constructed on
said premises
DATED: August 16, 1977
RECORDED: September 6, 1977
RECORDING NUMBER: 7709060703
2. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN,
INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING:
GRANTEE: Pacific Northwest Bell Telephone
Company, a Washington corporation
PURPOSE: Underground communication lines
AREA AFFECTED: A 7 foot wide easement parallel to
and abutting all streets
RECORDED: September 26, 1980
RECORDING NUMBER: 8009260597
3. BUILDING LINES AS DELINEATED ON THE FACE OF SAID PLAT:
AFFECTS: South 20 feet of said premises
4. COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS CONTAINED IN
SHORT PLAT, COPY ATTACHED:
RECORDED: August 14, 1978
RECORDING NUMBER: 7808140906
(continued)
• •
Policy No.: 2061 - 9003486
SCHEDULE B
Page 3
5. RESTRICTIONS CONTAINED ON THE FACE OF THE PLAT AS FOLLOWS:
No lot or portion of a lot in this plat shall be divided and sold
or resold, or ownership changed or transferred whereby the
ownership of any portion of this plat shall be less than the area
required for the use district in which it is located.
No direct vehicular access from Lots 1, 2 and 3 to South 348th
Street.
6. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF:
BY: Water District No. 124, King County
and Joe Starkovich
RECORDED: February 10, 1978
RECORDING NUMBER: 7802100871
REGARDING:
To construct certain water mains and appurtenances at its own cost
to serve developer's property, for delivery to and operation by the
District
7. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF:
BY: Lakehaven Sewer District, King
County and Joe Starkovich
RECORDED: February 16, 1978
RECORDING NUMBER: 7802160713
REGARDING:
To construct certain sewage facilities at its own cost to serve
Developer's property, for delivery to and operation by the District
8. LICENSE AND THE TERMS AND CONDITIONS THEREOF:
GRANTEE: City of Federal Way
GRANTOR: Larry N. Hansen and Diana D. Hansen
DATED: June 9, 1995
RECORDED: June 14, 1995
RECORDING NUMBER: 9506140283
(continued)
• •
Policy No.: 2061 - 9003486
SCHEDULE B
Page 4
9. UNRECORDED LEASE:
LESSOR: Liberty Land Holdings, LLC, a
Washington limited liability company
LESSEE: Twin Lakes Chiropractic Inc., P.S.,
a Washington corporation
DISCLOSED BY: Instrument recorded under Recording
Number 20010410000558
END OF SCHEDULE B
CG /rg
• • •
ENDORSEMENT ATTACHED TO AND MADE A PART OF
POLICY OF TITLE INSURANCE
SERIAL NUMBER 2061 - 9003486 ISSUED BY
PACIFIC NORTHWEST TITLE INSURANCE COMPANY, INC.
The Company, recognizing the current effect of inflation on real property valuation and intending to provide
additional monetary protection to the Insured Owner named in said Policy, hereby modifies said Policy, as
follows:
1. Notwithstanding anything contained in said Policy to the contrary, the amount of insurance provided
by said Policy, as stated in Schedule A thereof, is subject to cumulative annual upward adjustment in
the manner and to the extent hereinafter specified.
2. "Adjustment Date" is defined, for the purpose of this Endorsement, to 12:01 a.m. on the first January
1 which occurs more than six months after the date of Policy, as shown in Schedule A of the Policy
to which the Endorsement is attached, and on each succeeding January 1.
3. An upward adjustment will be made on each of the Adjustment Dates, as defined above, by
increasing the maximum amount of insurance provided by said policy (as said amount may have
been increased theretofore under the terms of this Endorsement) by the same percentage, if any, by
which the United States Department of Commerce Composite Construction Cost Index (base period
1967) for the month of September immediately preceding extends such Index for the month of
September one year earlier; provided, however, that the maximum amount of insurance in force shall
never exceed 150% of the amount of insurance stated in Schedule A of said Policy, Tess the amount
of any claim paid under said Policy which, under the terms of the Conditions and Stipulations,
reduces the amount of insurance in force. There shall be no annual adjustment in the amount of
insurance for years in which there is no increase in said Construction Cost Index.
4. In the settlement of any claim against the Company under said Policy, the amount of insurance in
force shall be deemed to be the amount which is in force as of the date on which the insured
claimant first learned of the assertion or possible assertion of such claim, or as of the date of receipt
by the Company of the first notice of such claim, whichever shall first occur.
PROVIDED, HOWEVER, this Endorsement shall be effective only if one of the following conditions exists at
Date of Policy:
(a) The land described in this Policy is a parcel on which there is only a one -to -four family residential
structure, including all improvements on the land related to residential use, in which the Insured
Owner resides or intends to reside; or,
(b) The land consists of a residential condominium unit, together with common elements appurtenant
thereto and related to residential use thereof, in which the Insured Owner resides or intends to
reside.
Inflation Endorsement Page 1 of 2
•
This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of
the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or
(iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is
inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this
endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements.
PACIFIC NORTHWEST TITLE d
Insurance Company, Inc. President
Countersigned by:
tO "47? I, Authorized Signatory
It SEAL
� b 1926 AO
°S.4999016$ PACIFIC NORTHWEST TITLE
Seattle, Washington
Inflation Endorsement Page 2 of 2