HomeMy WebLinkAbout20-104021_04 Title Report_10-15-2020-V1
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part
II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses
are prohibited. Reprinted under license from the American Land Title Association.
Form 50003700 (8-23-18) Page 1 of 29 ALTA Commitment for Title Insurance (8-1-16)
Washington
Commitment
ALTA Commitment for Title Insurance
ISSUED BY
First American Title Insurance Company
File No: NCS-1012309-ONT1
COMMITMENT FOR TITLE INSURANCE
Issued By
FIRST AMERICAN TITLE INSURANCE COMPANY
NOTICE
IMPORTANT-READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE
POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS
COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION,
OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE
COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE
PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO
EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED.
THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED
IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE
COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER
PERSON.
COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and the Commitment Conditions,
First American Title Insurance Company, a Nebraska Corporation (the "Company"), commits to issue the Policy
according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date
shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the
specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured.
If all of the Schedule B, Part I-Requirements have not been met within six months after the Commitment Date, this
Commitment terminates and the Company's liability and obligation end.
If this jacket was created electronically, it constitutes an original document.
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part
II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses
are prohibited. Reprinted under license from the American Land Title Association.
Form 50003700 (8-23-18) Page 2 of 29 ALTA Commitment for Title Insurance (8-1-16)
Washington
COMMITMENT CONDITIONS
1. DEFINITIONS
(a) “Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records.
(b) “Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land”
does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or
easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent
that a right of access to and from the Land is to be insured by the Policy.
(c) “Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized
by law.
(d) “Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by
the Company pursuant to this Commitment.
(e) “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this
Commitment.
(f) “Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be
issued pursuant to this Commitment.
(g) “Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive
notice of matters relating to real property to purchasers for value and without Knowledge.
(h) “Title”: The estate or interest described in Schedule A.
2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue
Policy, this Commitment terminates and the Company’s liability and obligation end.
3. The Company’s liability and obligation is limited by and this Commitment is not valid without:
(a) the Notice;
(b) the Commitment to Issue Policy;
(c) the Commitment Conditions;
(d) Schedule A;
(e) Schedule B, Part I—Requirements; and
(f) Schedule B, Part II—Exceptions.
4. COMPANY’S RIGHT TO AMEND
The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien,
encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the
Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment.
5. LIMITATIONS OF LIABILITY
(a) The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the
interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended
Commitment, resulting from the Proposed Insured’s good faith reliance to:
(i) comply with the Schedule B, Part I—Requirements;
(ii) eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or
(iii) acquire the Title or create the Mortgage covered by this Commitment.
(b) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had
Knowledge of the matter and did not notify the Company about it in writing.
(c) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the
expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured.
(d) The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and
described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount.
(e) The Company shall not be liable for the content of the Transaction Identification Data, if any.
(f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B,
Part I—Requirements have been met to the satisfaction of the Company.
(g) In any event, the Company’s liability is limited by the terms and provisions of the Policy.
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part
II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses
are prohibited. Reprinted under license from the American Land Title Association.
Form 50003700 (8-23-18) Page 3 of 29 ALTA Commitment for Title Insurance (8-1-16)
Washington
6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT
(a) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.
(b) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.
(c) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with
respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and
proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment.
(d) The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide
coverage beyond the terms and provisions of this Commitment or the Policy.
(e) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the
Company.
(f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be
under the Policy.
7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT
The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The
issuing agent is not the Company’s agent for the purpose of providing closing or settlement services.
8. PRO-FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company
may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed
Insured, nor is it a commitment to insure.
9. ARBITRATION
The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be
arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured
may review a copy of the arbitration rules at http://www.alta.org/arbitration.
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part
II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses
are prohibited. Reprinted under license from the American Land Title Association.
Form 50003700 (8-23-18) Page 4 of 29 ALTA Commitment for Title Insurance (8-1-16)
Washington
Schedule A
ALTA Commitment for Title Insurance
ISSUED BY
First American Title Insurance Company
File No: NCS-1012309-ONT1
Transaction Identification Data for reference only:
Issuing Agent: First American Title Insurance Company National
Commercial Services Issuing Office: 3281 E Guasti Road, Suite 440, Ontario,
CA 91761
Issuing Office's ALTA® Registry ID: Reference No.: 1701 South 320th Street
Commitment No.: NCS-1012309-ONT1 Issuing Office File No.: NCS-1012309-ONT1
Property Address: 1701 South 320th Street, Federal Way, WA
98003 Escrow Officer Name:
Revision No.: Escrow Officer Number:
Escrow Officer Email:
Escrow Assistant Name:
Escrow Assistant Number:
Escrow Assistant Email:
Title Officer Name: Wendy Hagen Bowen
Title Officer Number: (909)510-6225
Title Officer Email: whagen@firstam.com
REPORT NO. 3
SCHEDULE A
1. Commitment Date: October 01, 2020 at 8:00 AM
2. Policy to be Issued:
Amount Premium Tax
(a) ☒ 2006 ALTA® Standard Owner's Policy $To follow $ $
Proposed Insured: To follow
(b) ☒ 2006 ALTA® Extended Loan Policy $To follow $ $
Proposed Insured: To follow
(c) ☐ ALTA® Policy $
Proposed Insured:
3. The estate or interest in the Land described or referred to in this Commitment is Fee Simple as to
Parcels A and B and easement as to Parcels A1 and B1
4. The Title is, at the Commitment Date, vested in:
MGP XI Commons FW, LLC, a Delaware limited liability company
5. The Land is described as follows:
See Exhibit "A" attached hereto and made a part hereof
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part
II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses
are prohibited. Reprinted under license from the American Land Title Association.
Form 50003700 (8-23-18) Page 5 of 29 ALTA Commitment for Title Insurance (8-1-16)
Washington
Schedule BI & BII
ALTA Commitment for Title Insurance
ISSUED BY
First American Title Insurance Company
File No: NCS-1012309-ONT1
SCHEDULE B, PART I
Requirements
All of the following Requirements must be met:
1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in
this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The
Company may then make additional Requirements or Exceptions.
2. Pay the agreed amount for the estate or interest to be insured.
3. Pay the premiums, fees, and charges for the Policy to the Company.
4. Documents satisfactory to the Company that convey the Title or create the M ortgage to be insured,
or both, must be properly authorized, executed, delivered, and recorded in the Public Records.
5. Prior to closing, the Company must confirm whether the county recording office in which the Land is
located has changed its access policies due to the COVID-19 outbreak. If recording has been
restricted, specific underwriting approval is required; and, additional requirements or exceptions may
be made.
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part
II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses
are prohibited. Reprinted under license from the American Land Title Association.
Form 50003700 (8-23-18) Page 6 of 29 ALTA Commitment for Title Insurance (8-1-16)
Washington
Schedule BI & BII (Cont.)
ALTA Commitment for Title Insurance
ISSUED BY
First American Title Insurance Company
File No: NCS-1012309-ONT1
SCHEDULE B, PART II
Exceptions
THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION
CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE
SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW
BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP,
FAMILIAL STATUS, OR NATIONAL ORIGIN.
The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or
easement identified in Schedule A, and will include the following Exceptions unless cleared to the
satisfaction of the Company:
1. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the
Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on
which all of the Schedule B, Part I-Requirements are met.
2. Taxes or assessments which are not shown as existing liens by the records of any taxing authority
that levies taxes or assessments on real property or by the Public Records.
3. Any facts, rights, interests, or claims which are not shown by the Public Records but which coul d be
ascertained by an inspection of the Land or by making inquiry of persons in possession thereof.
4. Easements, claims of easement or encumbrances which are not shown by the Public Records.
5. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which
a correct survey would disclose, and which are not shown by the Public Records.
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; whether or not the matters excepted
under (A), (B) or (C) are shown by the Public Records; (D) Indian Tribal Codes or Regulations, Indian
Treaty or Aboriginal Rights, including easements or equitable servitudes.
7. Any lien or right to a lien for services, labor, material or equipment, unless such lien is shown by the
Public Records at Date of Policy and not otherwise excepted from coverage herein.
8. Any service, installation, connection, maintenance, construction, tap or reimbursement charges/costs
for sewer, water, garbage or electricity.
File No.: NCS-1012309-ONT1
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part
II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses
are prohibited. Reprinted under license from the American Land Title Association.
Form 50003700 (8-23-18) Page 7 of 29 ALTA Commitment for Title Insurance (8-1-16)
Washington
SCHEDULE B - SECTION 2
(continued)
SPECIAL EXCEPTIONS
9. General Taxes for the year 2020.
Tax Account No.: 762240-0015-08
Amount Billed: $ 136,672.15
Amount Paid: $ 68,336.08
Amount Due: $ 68,336.07
Assessed Land Value: $ 10,138,300.00
Assessed Improvement Value: $ 1,000.00
(Affects Parcel A)
10. General Taxes for the year 2020.
Tax Account No.: 762240-0010-03
Amount Billed: $ 434,000.38
Amount Paid: $ 217,000.19
Amount Due: $ 217,000.18
Assessed Land Value: $ 27,509,400.00
Assessed Improvement Value: $ 5,420,300.00
(Affects Tract A of Parcel B)
11. General Taxes for the year 2020.
Tax Account No.: 762240-0011-02
Amount Billed: $ 26,452.48
Amount Paid: $ 13,226.24
Amount Due: $ 13,226.24
Assessed Land Value: $ 1,290,100.00
Assessed Improvement Value: $ 777,000.00
(Affects Tract B of Parcel B)
12. General Taxes for the year 2020.
Tax Account No.: 762240-0012-01
Amount Billed: $ 13,995.36
Amount Paid: $ 6,997.68
Amount Due: $ 6,997.68
Assessed Land Value: $ 926,700.00
Assessed Improvement Value: $ 218,100.00
(Affects Tract C of Parcel B)
13. General Taxes for the year 2020.
File No.: NCS-1012309-ONT1
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part
II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses
are prohibited. Reprinted under license from the American Land Title Association.
Form 50003700 (8-23-18) Page 8 of 29 ALTA Commitment for Title Insurance (8-1-16)
Washington
Tax Account No.: 762240-0013-00
Amount Billed: $ 12,776.61
Amount Paid: $ 6,388.31
Amount Due: $ 6,388.30
Assessed Land Value: $ 737,200.00
Assessed Improvement Value: $ 314,500.00
(Affects Tract D of Parcel B)
14. General Taxes for the year 2020.
Tax Account No.: 762240-0014-09
Amount Billed: $ 11,392.77
Amount Paid: $ 5,696.39
Amount Due: $ 5,696.38
Assessed Land Value: $ 659,000.00
Assessed Improvement Value: $ 266,000.00
(Affects Tract E of Parcel B)
15. General Taxes for the year 2020.
Tax Account No.: 762240-0016-07
Amount Billed: $ 12,071.83
Amount Paid: $ 6,035.92
Amount Due: $ 6,035.91
Assessed Land Value: $ 794,200.00
Assessed Improvement Value: $ 192,900.00
(Affects Tract F of Parcel B)
16. General Taxes for the year 2020.
Tax Account No.: 762240-0017-06
Amount Billed: $ 11,151.04
Amount Paid: $ 5,575.52
Amount Due: $ 5,575.52
Assessed Land Value: $ 732,600.00
Assessed Improvement Value: $ 188,700.00
(Affects Tract G of Parcel B)
17. General Taxes for the year 2020.
Tax Account No.: 762240-0018-05
Amount Billed: $ 41,924.17
Amount Paid: $ 20,962.09
Amount Due: $ 20,962.08
Assessed Land Value: $ 2,822,600.00
Assessed Improvement Value: $ 552,400.00
File No.: NCS-1012309-ONT1
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part
II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses
are prohibited. Reprinted under license from the American Land Title Association.
Form 50003700 (8-23-18) Page 9 of 29 ALTA Commitment for Title Insurance (8-1-16)
Washington
(Affects Tract I of Parcel B)
18. General Taxes for the year 2020.
Tax Account No.: 762240-0019-04
Amount Billed: $ 131,669.62
Amount Paid: $ 65,834.81
Amount Due: $ 65,834.81
Assessed Land Value: $ 9,088,600.00
Assessed Improvement Value: $ 786,100.00
(Affects Tract J of Parcel B)
19. General Taxes for the year 2020.
Tax Account No.: 762240-0020-01
Amount Billed: $ 1,921.44
Amount Paid: $ 960.72
Amount Due: $ 960.72
Assessed Land Value: $ 84,400.00
Assessed Improvement Value: $ 0.00
(Affects Tract K of Parcel B)
20. General Taxes for the year 2020.
Tax Account No.: 762240-0021-00
Amount Billed: $ 2,033.77
Amount Paid: $ 1,016.89
Amount Due: $ 1,016.88
Assessed Land Value: $ 164,700.00
Assessed Improvement Value: $ 0.00
(Affects Tract L of Parcel B)
21. General Taxes for the year 2020.
Tax Account No.: 762240-0025-06
Amount Billed: $ 32,084.45
Amount Paid: $ 16,042.23
Amount Due: $ 16,042.22
Assessed Land Value: $ 1,603,300.00
Assessed Improvement Value: $ 897,900.00
(Affects Tract M of Parcel B)
22. Potential charges, for the King County Sewage Treatment Capacity Charge, as authorized under RCW
35.58 and King County Code 28.84.050. Said charges could apply for any property that connected to
the King County Sewer Service area on or after February 1, 1990.
File No.: NCS-1012309-ONT1
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part
II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses
are prohibited. Reprinted under license from the American Land Title Association.
Form 50003700 (8-23-18) Page 10 of 29 ALTA Commitment for Title Insurance (8-1-16)
Washington
Note: Properties located in Snohomish County and Pierce County may be subject to the King County
Sewage Treatment Capacity Charges. To verify charges contact: (206) 296-1450 or
CapChargeEscrow@kingcounty.gov.
23. Facility Charges, if any, including but not limited to hook-up, or connection charges and latecomer
charges for water or sewer facilities of King County Water District No. 124 as disclosed by instrument
recorded June 01, 1981 as recording no. 8106010916.
24. Facility Charges, if any, including but not limited to hook-up, or connection charges and latecomer
charges for water or sewer facilities of Federal Way Water and Sewer as disclosed by instrument
recorded May 12, 1989 as recording no. 8905120210.
25. Easement condemned in United States District Court, Case Nos. 274 and 280, and the terms and
conditions thereof:
In Favor of: United States of America
Purpose: Electric transmission line and telephone and/or telegraph lines
Affects: (Parcel B) as described therein.
26. Easement, including terms and provisions contained therein:
Recording Date: January 06, 1941
Recording Information: 3139640
In Favor of: United States of America
For: Electric transmission and/or distribution line
Affects: Parcel B
27. Easement, including terms and provisions contained therein:
Recording Date: September 19, 1941
Recording Information: 3191819
In Favor of: United States of America
For: Electric transmission and/or distribution line
Affects: Parcel B
28. Easement, including terms and provisions contained therein:
Recording Date: September 24, 1941
Recording Information: 3192646
In Favor of: United States of America
For: Electric transmission and/or distribution line
Affects: Parcel B
29. Easement, including terms and provisions contained therein:
Recording Date: July 23, 1942
Recording Information: 3253880
In Favor of: United States of America
For: Electric transmission and/or distribution line
File No.: NCS-1012309-ONT1
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part
II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses
are prohibited. Reprinted under license from the American Land Title Association.
Form 50003700 (8-23-18) Page 11 of 29 ALTA Commitment for Title Insurance (8-1-16)
Washington
Affects: (Parcel B) as described therein.
30. Easement, including terms and provisions contained therein:
Recording Date: October 02, 1942
Recording Information: 3268317
In Favor of: United States of America
For: Electric transmission and/or distribution line
Affects: Parcel B
31. Easement, including terms and provisions contained therein:
Recording Date: October 24, 1942
Recording Information: 3273002
In Favor of: United States of America
For: Electric transmission and/or distribution line
Affects: Parcel B
32. Easement condemned in United States District Court, Case No. 644, and the terms and conditions
thereof:
In Favor of: United States of America
Purpose: Electric transmission and/or distribution line
Affects: (Parcel B) as described therein.
A copy of the judgment in said matter was recorded March 12, 1943, under recording number
3296523.
33. Easement, including terms and provisions contained therein:
Recording Date: April 13, 1943
Recording Information: 3303164
In Favor of: United States of America
For: Electric transmission and/or distribution line
Affects: Parcel B
34. Easement, including terms and provisions contained therein:
Recording Date: February 27, 1948
Recording Information: 3777378
In Favor of: Puget Sound Power & Light Company
For: Electric transmission and/or distribution system
Affects: All Parcels
35. Easement, including terms and provisions contained therein:
Recording Date: November 7, 1958
Recording Information: 4963337
In Favor of: United States of America
File No.: NCS-1012309-ONT1
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part
II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses
are prohibited. Reprinted under license from the American Land Title Association.
Form 50003700 (8-23-18) Page 12 of 29 ALTA Commitment for Title Insurance (8-1-16)
Washington
For: Electric transmission and/or distribution line
Affects: Parcel B
36. Easement, including terms and provisions contained therein:
Recording Date: November 14, 1958
Recording Information: 4965588
In Favor of: United States of America
For: Electric transmission and/or distribution line
Affects: Parcel B
37. Easement, including terms and provisions contained therein:
Recording Date: November 20, 1958
Recording Information: 4967829
In Favor of: United States of America
For: Electric transmission and/or distribution line
Affects: Parcel B
38. Easement, including terms and provisions contained therein:
Recording Date: December 1, 1958
Recording Information: 4971162
In Favor of: United States of America
For: Electric transmission and/or distribution line
Affects: Parcel B
39. Easement, including terms and provisions contained therein:
Recording Date: December 4, 1958
Recording Information: 4972637
In Favor of: United States of America
For: Electric transmission and/or distribution line
Affects: Parcel B
40. Easement, including terms and provisions contained therein:
Recording Date: February 13, 1959
Recording Information: 4996811
In Favor of: United States of America
For: Electric transmission and/or distribution line
Affects: Parcel B
41. Easement, including terms and provisions contained therein:
Recording Date: October 20, 1959
Recording Information: 5093424
In Favor of: United States of America
For: Electric transmission and/or distribution line
Affects: Parcel B
File No.: NCS-1012309-ONT1
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part
II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses
are prohibited. Reprinted under license from the American Land Title Association.
Form 50003700 (8-23-18) Page 13 of 29 ALTA Commitment for Title Insurance (8-1-16)
Washington
42. Easement, including terms and provisions contained therein:
Recording Date: December 1, 1966
Recording Information: 6113815
In Favor of: Puget Sound Power & Light Company, a Washington
corporation, and Pacific Northwest Bell Telephone Company
For: Underground transmission and electric lines
Affects: Parcel B
Pacific Northwest Bell Telephone Company released its interest in said easement by instrument
recorded February 22, 1991 under recording number 9102220719.
Note: The interest of Puget Sound Power & Light Company under said easement has not been
released of record.
43. Right to make necessary slopes for cuts or fills upon said premises for road as granted by deed
recorded December 15, 1966 under recording no. 6118782.
(Affects All Tracts)
44. Easement, including terms and provisions contained therein:
Recording Date: April 9, 1970
Recording Information: 6638511
In Favor of: United States of America
For: Electric power transmission structures and appurtenant signal
lines
Affects: Parcel B
45. Easement, including terms and provisions contained therein:
Recording Date: January 5, 1973
Recording Information: 7301050358
In Favor of: Lakehaven Sewer District, a municipal corporation
For: Sewer mains
Affects: Parcel B
46. Restrictions, conditions, dedications, notes, easements and provisions, if any, as contained and/or
delineated on the face of the Plat of Sea Tac Mall recorded September 17, 1974 as Volume 97 of
Plats at Pages 39 through 42, in King County, Washington.
(Affects All Parcels)
47. Easement, including terms and provisions contained therein:
Recording Date: December 26, 1974
Recording Information: 7412260127
In Favor of: City of Tacoma
For: Water transmission pipeline, or pipelines
File No.: NCS-1012309-ONT1
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part
II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses
are prohibited. Reprinted under license from the American Land Title Association.
Form 50003700 (8-23-18) Page 14 of 29 ALTA Commitment for Title Insurance (8-1-16)
Washington
Affects: Parcel B
48. The terms, provisions and easement(s) contained in the document entitled "Construction, Operation
and Reciprocal Easement Agreement" recorded January 13, 1975 as Recording No. 7501130291 of
Official Records.
Document(s) declaring modifications thereof recorded April 1, 1997 and July 25, 2005 as Recording
Nos. 9704011390 and 20050725000393 of Official Records.
Document(s) declaring modifications thereof recorded January 15, 2016 as Recording No.
20160115000845 of Official Records.
Document re-recorded January 27, 2016 as 20160127001326 of Official Records.
Document(s) declaring modifications thereof recorded January 15, 2016 as Recording No.
20160115000846 of Official Records.
Document re-recorded January 27, 2016 as Recording No. 20160127001327 of Official Records.
The terms and provisions contained in the document entitled "Assignment and Assumption of REA"
recorded March 21, 2017 as Recording No. 20170321001625 of Official Records.
The terms and provisions contained in the document entitled "Assignment and Assumption of REAs"
recorded July 20, 2017 as Recording No. 20170720000623 of Official Records.
Said document contains an erroneous legal description.
(Affects All Parcels)
49. Easement, including terms and provisions contained therein:
Recording Date: March 6, 1975
Recording Information: 7503060340
In Favor of: King County Water District No. 124, a municipal corporation
For: Water mains
Affects: Tract B of Parcel B
50. Easement, including terms and provisions contained therein:
Recording Date: March 6, 1975
Recording Information: 7503060341
In Favor of: King County Water District No. 124, a municipal corporation
For: Ingress, egress, and road purposes
Affects: Tract B of Parcel B
File No.: NCS-1012309-ONT1
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part
II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses
are prohibited. Reprinted under license from the American Land Title Association.
Form 50003700 (8-23-18) Page 15 of 29 ALTA Commitment for Title Insurance (8-1-16)
Washington
51. The terms and provisions contained in the document entitled "Agreement" recorded April 18, 1975
as Recording No. 7504180323 of Official Records.
(Affects All Parcels)
52. Easement, including terms and provisions contained therein:
Recording Date: July 8, 1975
Recording Information: 7507080118
In Favor of: Mobile Park Partners No. I, a limited partnership
For: Ingress, egress, and road and utility
Affects: As described therein
53. Easement, including terms and provisions contained therein:
Recording Date: March 10, 1976
Recording Information: 7603100364
In Favor of: Washington Natural Gas Company
For: Natural gas line
Affects: All Parcels
54. Easement, including terms and provisions contained therein:
Recording Date: December 17, 1976
Recording Information: 7612170488
In Favor of: Lakehaven Sewer District
For: Sanitary sewer
Affects: All Parcels
55. Lease made by Sea-Tac Mall Associates, a limited partnership, lessor, to Allied Stores, a Delaware
corporation, lessee, for a term of 30 years, and the covenants and conditions as therein contained, as
disclosed by Memorandum of Lease dated September 01, 1976, and recorded December 27, 1976 as
document no. 7612270041.
Said lease, among other things provides for an option to renew for a period of six additional periods
of five (5) years each.
56. Easement, including terms and provisions contained therein:
Recording Date: December 30, 1976
Recording Information: 7612300493
In Favor of: Puget Sound Energy, Inc.
For: Electric transmission and/or distribution system
Affects: All Parcels
57. Easement, including terms and provisions contained therein:
Recording Date: August 26, 1982
Recording Information: 8208260408
In Favor of: Washington Natural Gas Company, a Washington corporation
File No.: NCS-1012309-ONT1
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part
II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses
are prohibited. Reprinted under license from the American Land Title Association.
Form 50003700 (8-23-18) Page 16 of 29 ALTA Commitment for Title Insurance (8-1-16)
Washington
For: Gas pipeline or pipelines
Affects: Parcel B
58. Easement, including terms and provisions contained therein:
Recording Date: March 13, 1989
Recording Information: 8903130503
In Favor of: Federal Way Water and Sewer District
For: Water facilities
Affects: Tract I of Parcel B
59. Easement, including terms and provisions contained therein:
Recording Date: October 19, 1993
Recording Information: 9310190742
In Favor of: U.S. West Communications, Inc., a Colorado corporation
For: Telecommunications facilities
Affects: All Parcels
Said instrument supersedes the easement recorded April 22, 1991 under recording number
9104221100
60. The terms and provisions contained in the document entitled "Agreement" recorded March 30, 1995
as Recording No. 9503301413 of Official Records.
(Affects Parcel B)
61. Easement, including terms and provisions contained therein:
Recording Date: August 21, 2000
Recording Information: 20000821000463
In Favor of: City of Federal Way
For: Conveyance system, water quality facilities, and utilities
Affects: Parcel B
62. Easement, including terms and provisions contained therein:
Recording Date: August 21, 2000
Recording Information: 20000821000464
In Favor of: City of Federal Way
For: Permanent storm water conveyance system and related water
quality facilities and temporary construction for surface water
facilities
Affects: Parcel B
63. Easement, including terms and provisions contained therein:
Recording Date: September 18, 2000
Recording Information: 20000918000030
In Favor of: City of Federal Way
File No.: NCS-1012309-ONT1
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part
II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses
are prohibited. Reprinted under license from the American Land Title Association.
Form 50003700 (8-23-18) Page 17 of 29 ALTA Commitment for Title Insurance (8-1-16)
Washington
For: Beautification improvements
Affects: Parcel A
64. Easement, including terms and provisions contained therein:
Recording Date: November 2, 2000
Recording Information: 20001102000843
In Favor of: Puget Sound Energy, Inc., a Washington corporation
For: Utility systems for the transmission, distribution and sale of
electricity
Affects: Parcel B
65. The terms and provisions contained in the document entitled "Agreement" recorded January 3, 2001
as Recording No. 20010103000488 of Official Records.
(Affects Parcel B)
66. Easement, including terms and provisions contained therein:
Recording Date: March 30, 2001
Recording Information: 20010330002752
In Favor of: City of Federal Way
For: Beautification improvements
Affects: Parcel B
67. Conditions, notes, easements, provisions and/or encroachments contained and/or delineated on the
face of the Survey , recorded April 24, 2001 under Recording No. 20010424900007 of surveys,
in King County, Washington.
(Affects Tract J of Parcel B)
68. Easement, including terms and provisions contained therein:
Recording Date: September 27, 2001
Recording Information: 20010927000845
In Favor of: Puget Sound Energy, Inc., a Washington corporation
For: Utility systems for the transmission, distribution and sale of
electricity
Affects: Parcel B
69. Easement, including terms and provisions contained therein:
Recording Date: April 11, 2002
Recording Information: 20020411000173
In Favor of: Lakehaven Utility District
For: Sewer facilities
Affects: Parcel B
70. Easement, including terms and provisions contained therein:
File No.: NCS-1012309-ONT1
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part
II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses
are prohibited. Reprinted under license from the American Land Title Association.
Form 50003700 (8-23-18) Page 18 of 29 ALTA Commitment for Title Insurance (8-1-16)
Washington
Recording Date: February 4, 2003
Recording Information: 20030204000970
In Favor of: City of Federal Way
For: Public utility improvement
Affects: Parcel B
71. Lease made by Steadfast Sea-Tac I, LLC, Steadfast Sea-Tac II, LLC, Steadfast Sea-Tac III, LLC, and
Steadfast Sea-Tac IV, LLC, all Delaware limited liability companies, as tenants in common, lessor,
to Target Corporation, a Minnesota corporation, lessee, for a term of 20 years, and the covenants
and conditions as therein contained, as disclosed by Memorandum of Lease dated January 23, 2004,
and recorded February 02, 2004 as document no. 20040202001325.
Said lease, among other things provides for an option to renew for a period of five (5) consecutive
periods of ten (10) years each.
Document(s) declaring modifications thereof recorded March 07, 2007 as Recording No.
20070307000790 of Official Records.
Above lease is an amendment and restatement of the lease recorded August 29, 1974 under
Recording No. 7408290112 of Official Records
Said Lease, among other things, provides for an option to purchase.
Said Lease, among other things, provides for rights of first refusal to purchase.
Affects: The land and other property.
72. The terms and provisions contained in the document entitled "License" recorded March 31, 2004
as Recording No. 20040331001195 of Official Records.
(Affects Parcel A)
73. The terms and provisions contained in the document entitled "Agreement" recorded April 12, 2004
as Recording No. 20040412000612 of Official Records.
Document(s) declaring modifications thereof recorded October 21, 2004 as Recording No.
20041021000098 of Official Records.
(Affects Parcel B)
74. Easement, including terms and provisions contained therein:
Recording Date: December 27, 2004
Recording Information: 20041227000120
File No.: NCS-1012309-ONT1
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part
II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses
are prohibited. Reprinted under license from the American Land Title Association.
Form 50003700 (8-23-18) Page 19 of 29 ALTA Commitment for Title Insurance (8-1-16)
Washington
In Favor of: Lakehaven Utility District
For: Water facilities
Affects: Parcel B
75. Easement, including terms and provisions contained therein:
Recording Date: December 27, 2004
Recording Information: 20041227000121
In Favor of: Lakehaven Utility District
For: Water facilities
Affects: Parcel B
76. Easement, including terms and provisions contained therein:
Recording Date: December 27, 2004
Recording Information: 20041227000122
In Favor of: Lakehaven Utility District
For: Water facilities
Affects: Parcel B
77. Easement, including terms and provisions contained therein:
Recording Date: December 27, 2004
Recording Information: 20041227000126
In Favor of: Lakehaven Utility District
For: Sewer facilities
Affects: Tract I of Parcel B
78. Lease made by Steadfast Sea-Tac I, LLC, Steadfast Sea-Tac II, LLC, Steadfast Sea-Tac III, LLC, and
Steadfast Sea-Tac IV, LLC, each a Delaware limited liability company, all as tenants in common,
lessor, to Borders, Inc., a Colorado corporation, lessee, for a term of undisclosed, and the covenants
and conditions as therein contained, as disclosed by Memorandum of Lease dated May 12, 2005, and
recorded May 31, 2005 as document no. 20050531003335.
79. Lease made by Steadfast Sea-Tac I, LLC, Steadfast Sea-Tac II, LLC, Steadfast Sea-Tac III, LLC, and
Steadfast Sea-Tac IV, LLC, all Delaware limited liability companies, as tenants in common, lessor,
to Century Theatres, Inc., a California corporation, lessee, for a term of fifteen (15) years, and the
covenants and conditions as therein contained, as disclosed by Memorandum of Lease dated April 26,
2005, and recorded July 22, 2005 as document no. 20050722001513.
Said lease, among other things provides for an option to renew for a period of five (5) terms of five
(5) years each.
(Affects Parcel B and other property)
80. Easement, including terms and provisions contained therein:
Recording Date: August 11, 2005
Recording Information: 20050811000548
File No.: NCS-1012309-ONT1
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part
II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses
are prohibited. Reprinted under license from the American Land Title Association.
Form 50003700 (8-23-18) Page 20 of 29 ALTA Commitment for Title Insurance (8-1-16)
Washington
In Favor of: Puget Sound Energy, Inc.
For: Construct, operate, maintain, repair, replace, one or more utility
systems for gas, electricity, fiber optic cables and facilities for
communications, semi-buried or ground-mounted facilities and
all facilities or appurtenances necessary to the foregoing
Affects: Parcel B
Said easement supersedes easement:
Recording Date: March 11, 2004
Recording No.: 20040311000691
81. The terms and provisions contained in the document entitled "Agreement" recorded March 15, 2006
as Recording No. 20060315000859 of Official Records.
A Certificate of Completion/Release of Lien was recorded February 10, 2009 under recording number
20090210000420
(Affects Parcel B)
82. The terms and provisions contained in the document entitled "Agreement" recorded March 15, 2006
as Recording No. 20060315000860 of Official Records.
A Certificate of Completion/Release of Lien was recorded May 27, 2008 under recording number
20080527001670
(Affects Parcel B)
83. Restrictions, conditions, dedications, notes, easements and provisions, if any, as contained and/or
delineated on the face of the City of Federal Way Binding Site Plan Number 06-100926-00-
SU recorded May 30, 2007 as Recording No. 20070530001643, in King County, Washington.
Affidavit of Minor Correction to Binding Site Plan recorded November 1, 2007 under recording number
20071101001278
(Affects Parcel B)
84. The terms, provisions and easement(s) contained in the document entitled "License" recorded
September 15, 2006 as Recording No. 20060915000743 of Official Records.
(Affects All Parcels)
85. The terms, provisions and easement(s) contained in the document entitled "Agreement" recorded
May 30, 2007 as Recording No. 20070530001644 of Official Records.
File No.: NCS-1012309-ONT1
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part
II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses
are prohibited. Reprinted under license from the American Land Title Association.
Form 50003700 (8-23-18) Page 21 of 29 ALTA Commitment for Title Insurance (8-1-16)
Washington
Note: The Permanent Beautification Easement described in said agreement was established by
instrument recorded May 9, 2013 under Recording Number 20130509001493. Tract X and Tract Y
described in said agreement were conveyed to the City of Federal Way by deeds recorded May 9,
2013 under Recording Numbers 20130509001494 and 20130509001495.
(Affects Parcel B)
86. Lease made by Steadfast Commons II, LLC, a Delaware limited liability company, lessor, to Apple
Washington LLC, a Delaware limited liability company, lessee, for a term of 20 years, and the
covenants and conditions as therein contained, as disclosed by Memorandum of Lease dated October
17, 2007, and recorded November 09, 2007 as document no. 20071109002332.
Said lease, among other things provides for an option to renew for a period of two (2) term of ten
(10) years each.
(Affects Tract C of Parcel B)
87. The terms and provisions contained in the document entitled "Agreement" recorded December 19,
2007 as Recording No. 20071219002154 of Official Records.
(Affects Parcel B)
88. Easement, including terms and provisions contained therein:
Recording Date: June 2, 2008
Recording Information: 20080602001940
In Favor of: Puget Sound Energy, Inc., a Washington corporation
For: Transmission, distribution and sale of gas and electricity
Affects: Parcel B
89. Easement, including terms and provisions contained therein:
Recording Date: June 2, 2008
Recording Information: 20080602001941
In Favor of: Puget Sound Energy, Inc., a Washington corporation
For: Transmission, distribution and sale of gas and electricity
Affects: Parcel B
90. Easement, including terms and provisions contained therein:
Recording Date: January 14, 2009
Recording Information: 20090114001109
In Favor of: Lakehaven Utility District
For: Water facilities
Affects: Tracts A and C of Parcel B
91. The terms and provisions contained in the document entitled "Joint Private Sewer Main Covenant"
recorded January 14, 2009 as Recording No. 20090114001119 of Official Records.
File No.: NCS-1012309-ONT1
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part
II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses
are prohibited. Reprinted under license from the American Land Title Association.
Form 50003700 (8-23-18) Page 22 of 29 ALTA Commitment for Title Insurance (8-1-16)
Washington
(Affects Tracts A, B, C, D, E, F, G, I, J and M of Parcel B)
92. The terms and provisions contained in the document entitled "Agreement" recorded January 14, 2009
as Recording No. 20090114001124 of Official Records.
(Affects Tract C of Parcel B)
93. Easement, including terms and provisions contained therein:
Recording Date: April 13, 2009
Recording Information: 20090413000402
In Favor of: Lakehaven Utility District
For: Water facilities
Affects: Tract J of Parcel B
94. Lease made by Steadfast Commons II, LLC, a Delaware limited liability company, lessor, to Blazin
Wings, Inc., a Minnesota corporation, lessee, for a term of 10 years, and the covenants and
conditions as therein contained, as disclosed by Memorandum of Lease dated July 21, 2012, and
recorded September 28, 2012 as document no. 20120928001563.
Said lease, among other things provides for an option to renew for a period of four (4) consecutive
periods of sixty (60) calendar months each.
(Affects Tract E of Parcel B)
95. Easement, including terms and provisions contained therein:
Recording Date: November 21, 2012
Recording Information: 20121121001276
In Favor of: Puget Sound Energy, Inc., a Washington corporation
For: Transmission, distribution and sale of gas and electricity
Affects: Tracts A and E of Parcel B
96. Easement, including terms and provisions contained therein:
Recording Date: November 29, 2012
Recording Information: 20121129001029
In Favor of: Puget Sound Energy, Inc., a Washington corporation
For: Transmission, distribution and sale of gas and electricity
Affects: Tracts A and J of Parcel B
97. The terms and provisions contained in the document entitled "Agreement" recorded December 26,
2012 as Recording No. 20121226001385 of Official Records.
Note: The lien created by paragraph 25 of said agreement was satisfied and released by instrument
recorded June 16, 2016 under recording no. 20160616000082
(Affects Tracts A and J of Parcel B)
File No.: NCS-1012309-ONT1
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part
II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses
are prohibited. Reprinted under license from the American Land Title Association.
Form 50003700 (8-23-18) Page 23 of 29 ALTA Commitment for Title Insurance (8-1-16)
Washington
98. Easement, including terms and provisions contained therein:
Recording Date: May 9, 2013
Recording Information: 20130509001493
In Favor of: City of Federal Way
For: Beautification
Affects: Tracts A, C, D, E and F of Parcel B
99. Lease made by Commons Mall, LLC, a Delaware limited liability company, as successor-in-interest to
Steadfast Common II, LLC, a Delaware limited liability company, lessor, to Kohl's Department Stores,
Inc., a Delaware corporation, lessee, for a term of 20 years, and the covenants and conditions as
therein contained, as disclosed by Memorandum of Lease dated March 13, 2013, and recorded June
17, 2013 as document no. 20130617001807.
Said lease, among other things provides for an option to renew for a period of six (6) successive
periods of five (5) years each.
Document(s) declaring modifications thereof recorded March 04, 2014 as Recording No.
20140304000166 of Official Records.
(Affects Parcel B and other property)
100. Easement, including terms and provisions contained therein:
Recording Date: September 12, 2013
Recording Information: 20130912000830
In Favor of: Puget Sound Energy, Inc.
For: Transmission, distribution and sale of gas
Affects: Tracts A and J of Parcel B
101. Conditions, notes, easements, provisions and/or encroachments contained and/or delineated on the
face of the Survey , recorded December 02, 2013 under Recording No. 20131202900005 of surveys,
in King County, Washington.
(Affects Tract E of Parcel B)
102. Lease made by Commons Mall, LLC, a Delaware limited liability company, lessor, to Dick's Sporting
Goods, Inc., a Delaware corporation, lessee, for a term of terminating on January 31 following the
tenth (10th) anniversary of the Rental commencement date, and the covenants and conditions as
therein contained, as disclosed by Memorandum of Lease dated January 09, 2014, and
recorded January 17, 2014 as document no. 20140117001277.
Said lease, among other things provides for an option to renew for a period of four (4) additional
periods of five (5) years each.
(Affects Parcel B and other property)
File No.: NCS-1012309-ONT1
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part
II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses
are prohibited. Reprinted under license from the American Land Title Association.
Form 50003700 (8-23-18) Page 24 of 29 ALTA Commitment for Title Insurance (8-1-16)
Washington
103. Covenants, conditions, restrictions and/or easements:
Recorded: January 17, 2014
Recording No.: 20140117001277
(Affects Parcel B)
104. The terms and provisions contained in the document entitled "Agreement" recorded March 7, 2014
as Recording No. 20140307000366 of Official Records.
Note: The lien created by paragraph 28 of said agreement was satisfied and released by instrument
recorded June 16, 2016 under recording no. 20160616000080
(Affects Tract A of Parcel B)
105. Easement, including terms and provisions contained therein:
Recording Date: March 21, 2014
Recording Information: 20140321000271
In Favor of: Puget Sound Energy, Inc.
For: Transmission, distribution and sale of electricity
Affects: Tract A of Parcel B
106. Easement, including terms and provisions contained therein:
Recording Date: March 21, 2014
Recording Information: 20140321000270
In Favor of: Puget Sound Energy, Inc.
For: Transmission, distribution and sale of electricity
Affects: Parcel A
107. Easement, including terms and provisions contained therein:
Recording Date: April 3, 2014
Recording Information: 20140403000245
In Favor of: Puget Sound Energy, Inc.
For: Transmission, distribution and sale of electricity
Affects: Tract A of Parcel B
108. The terms and provisions contained in the document entitled "Agreement" recorded October 2, 2014
as Recording No. 20141002000146 of Official Records.
(Affects Tract A of Parcel B)
109. Easement, including terms and provisions contained therein:
Recording Date: November 4, 2014
Recording Information: 20141104000382
In Favor of: Lakehaven Utility District
File No.: NCS-1012309-ONT1
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part
II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses
are prohibited. Reprinted under license from the American Land Title Association.
Form 50003700 (8-23-18) Page 25 of 29 ALTA Commitment for Title Insurance (8-1-16)
Washington
For: Sewer facilities
Affects: Tracts A, F, G, J and L of Parcel B
110. Conditions, notes, easements, provisions and/or encroachments contained and/or delineated on the
face of the Survey , recorded September 23, 2015 under Recording No. 20150923900001 of surveys,
in King County, Washington.
(Affects Tract I of Parcel B)
111. The terms and provisions contained in the document entitled "Notice of "Store Closing" Sale Pursuant
to Title 19, Chapter 19.178" recorded January 25, 2018 as Recording No. 20180125000755 of Official
Records.
(Affects Parcel A)
112. Lien of Real Estate Excise Tax upon sale of said premises, or transfer of a controlling interest, if
unpaid. As of the date herein, the excise tax rates are as follows:
Levy/Area Code:1205
State Excise Tax for real property classified as Timberland (RCW 84.34 or RCW 84.33) or Agricultural
land (RCW 84.34.020):
1.28% of the selling price
All other State Excise Tax:
1.10% of the selling price less than or equal to $500,000.00
1.28% of the selling price from $500,000.01 to $1,500,000.00
2.75% of the selling price from $1,500,000.01 to $ 3,000,000.00
3.00% of the selling price over $3,000,000.00
Local Excise Tax for the City of Federal Way
.50% of the selling price
In additional to Excise Tax due, a fee of $5.00 will be charged on all taxable transactions ($10.00 on
all exempt transactions)
113. Any claim that the Title is subject to a trust or lien created under The Perishable Agricultural
Commodities Act, 1930 (7 U.S.C. §§499a, et seq.) or the Packers and Stockyards Act (7 U.S.C. §§181
et seq.) or under similar state laws.
114. Matters of extended owner/purchaser coverage which are dependent upon an inspection and an
ALTA survey of the property for determination of insurability.
Please submit a copy of the ALTA Survey at your earliest convenience for review. Our inspection will
be held pending our review of the ALTA Survey and the result of said inspection will be furnished by
supplemental report.
File No.: NCS-1012309-ONT1
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part
II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses
are prohibited. Reprinted under license from the American Land Title Association.
Form 50003700 (8-23-18) Page 26 of 29 ALTA Commitment for Title Insurance (8-1-16)
Washington
115. Evidence of the authority of the individual(s) to execute the forthcoming document for MGP XI
Commons FW, LLC, a Delaware limited liability company, copies of the current operating agreement
should be submitted prior to closing.
116. Title to vest in an incoming owner whose name is not disclosed. Such name must be furnished to us
so that a name search may be made.
117. Unrecorded leaseholds, if any, rights of vendors and security agreement on personal property and
rights of tenants, and secured parties to remove trade fixtures at the expiration of the term.
118. Prior to issuance of an extended coverage policy, the Company will require an Owner's Affidavit be
completed and submitted to the Company for approval prior to closing. The Company reserves the
right to make any additional requirement as warranted.
We don't find any voluntary liens of record affecting subject property. Inquire as to the existence of
any unrecorded lien or other indebtedness which could give rise to any security interest in the subject
property.
119. The terms and provisions contained in the document entitled "Memorandum of Possession and Use
Agreement" recorded June 26, 2020 as Recording No. 20200626000803 of Official Records.
(Affects Tract I of Parcel B)
File No.: NCS-1012309-ONT1
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part
II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses
are prohibited. Reprinted under license from the American Land Title Association.
Form 50003700 (8-23-18) Page 27 of 29 ALTA Commitment for Title Insurance (8-1-16)
Washington
INFORMATION NOTES
A. Effective January 1, 1997, and pursuant to amendment of Washington State Statutes relating to
standardization of recorded documents, the following format and content requirements must be met.
Failure to comply may result in rejection of the document by the recorder.
B. Any sketch attached hereto is done so as a courtesy only and is not part of any Title Commitment or
Policy. It is furnished solely for the purpose of assisting in locating the Land and First American
expressly disclaims any liability which may result from reliance made upon it.
C. The description can be abbreviated as suggested below if necessary to meet standard requirements.
The full text of the description must appear in the document (s) to be insured.
Ptn Lot 1, Sea Tac Mall, Vol. 97, Pgs. 39-42
Tracts A-G and I-M, City of Federal Way BSP No. 06-100926-00-SU, Rec. 20070530001643, in Vol.
241, Pgs. 40-52, as amended by Affidavit of Minor Correction of BSP, Rec. 20071101001278
APN:
D. A fee will be charged upon the cancellation of this Commitment pursuant to the Washington State
Insurance Code and the filed Rate Schedule of the Company.
File No.: NCS-1012309-ONT1
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part
II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses
are prohibited. Reprinted under license from the American Land Title Association.
Form 50003700 (8-23-18) Page 28 of 29 ALTA Commitment for Title Insurance (8-1-16)
Washington
Exhibit A
ISSUED BY
First American Title Insurance Company
File No: NCS-1012309-ONT1
The Land referred to herein below is situated in the County of King, State of Washington, and is described as follows:
PARCEL A:
THAT PORTION OF LOT 1 OF SEA TAC MALL, AS PER PLAT RECORDED IN VOLUME 97 OF PLATS, PAGES 39 THROUGH
42, IN KING COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 21 NORTH,
RANGE 4 EAST, WILLAMETTE MERIDIAN, KING COUNTY WASHINGTON;
THENCE ALONG THE NORTH LINE OF LAST SAID SUBDIVISION NORTH 88°16'31" WEST 1,957.76 FEET,
THENCE SOUTH 01°13'23" WEST 50.00 FEET TO THE SOUTH LINE OF SOUTH 320TH STREET (P.S.H. NO 5) RIGHT -OF-
WAY, SAID LINE DEFINED IN KING COUNTY RECORDING NOS. 2726484, 2726485 AND 2748762, BEING THE TRUE
POINT OF BEGINNING;
THENCE SOUTH 01°43'29" WEST 400.00 FEET ALONG A LINE WHICH IS 90°00'00" TO THE SOUTH LINE OF SAID
SOUTH 320TH STREET TO A POINT;
THENCE NORTH 88°16'31" WEST 14.00 FEET ALONG A LINE WHICH IS PARALLEL TO SAID NORTH LINE OF SECTION 16
TO A POINT;
THENCE SOUTH 01°43'29" WEST 524.32 FEET ALONG A LINE WHICH IS 90°00'00" TO THE SOUTH LINE OF SAID
SOUTH 320TH STREET TO A POINT;
THENCE NORTH 88°16'31" WEST 580.96 FEET ALONG A LINE WHICH IS PARALLEL TO SAID NORTH LINE OF SECTION
16 TO A POINT ON THE EAST LINE OF PACIFIC HIGHWAY (16TH AVENUE SOUTH) RIGHT-OF-WAY AS DEFINED BY MAP
AND PROFILE BEARING APPROVAL DATE OF MAY 25, 1973, AND AS REFERENCED UNDER KING COUNTY RECORDING
NO 1778233;
THENCE ALONG SAID EAST LINE NORTH 01°12'15" EAST 516.90 FEET TO THE SOUTHERLY LIMIT OF A SECTION OF
EXTRA WIDTH HIGHWAY RIGHT-OF-WAY AS RECORDED SEPTEMBER 11, 1947 UNDER KING COUNTY RECORDING NO.
3722661;
THENCE ALONG THE SOUTHERLY LINE OF SAID RIGHT-OF-WAY SOUTH 88°47'45" EAST 15.00 FEET;
THENCE ALONG THE EASTERLY LINE OF SAID RIGHT-OF-WAY NORTH 01°12'15" EAST 229.33 FEET;
THENCE PARALLEL TO THE NORTH LINE OF LAST SAID SUBDIVISION SOUTH 88°16'31" EAST 178.36 FEET;
THENCE PARALLEL TO THE CENTERLINE OF PACIFIC HIGHWAY AS DEFINED BY MAP AND PROFILE BEARING APPROVAL
DATE MAY 25, 1973 NORTH 01°12'15" EAST 178.00 FEET TO THE SOUTH LINE OF SOUTH 320TH STREET (P.S.H. NO. 5)
RIGHT-OF-WAY AS PREVIOUSLY DEFINED (THE NORTHERLY EXTENSION OF LAST SAID COURSE WOULD INTERSECT
THE NORTH LINE OF SAID NORTHWEST QUARTER 240.68 FEET EASTERLY OF ITS NORTHWEST CORNER AS MEASURED
ALONG ITS NORTH LINE);
THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE SOUTH 88°16'31" EAST 410.00 FEET TO THE POINT OF BEGINNING;
EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF FEDERAL WAY FOR RIGHT-OF-WAY PURPOSES BY DEED
RECORDED MAY 17, 2000 UNDER KING COUNTY RECORDING NO 20000517000228;
File No.: NCS-1012309-ONT1
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part
II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses
are prohibited. Reprinted under license from the American Land Title Association.
Form 50003700 (8-23-18) Page 29 of 29 ALTA Commitment for Title Insurance (8-1-16)
Washington
AND EXCEPT THAT PORTION THEREOF TAKEN BY THE CITY OF FEDERAL WAY FOR RIGHT -OF-WAY PURPOSES BY
DECREE OF APPROPRIATION IN KING COUNTY SUPERIOR COURT CAUSE NO. 01-2-29487-3 KNT, ENTERED MARCH 27,
2002, AND RECORDED APRIL 03, 2002 UNDER KING COUNTY RECORDING NO. 20020403002613.
PARCEL A1:
ACCESS EASEMENTS AS SET FORTH IN DOCUMENT ENTITLED "CONSTRUCTION, OPERATION AND RECIPROCAL
EASEMENT AGREEMENT", RECORDED JANUARY 13, 1975 AS RECORDING NO. 7501130291, SAID AGREEMENT HAS
BEEN AMENDED BY DOCUMENTS RECORDED APRIL 01, 1997, JULY 25, 2005 AND JANUARY 15, 2016 AS RECORDING
NOS. 9704011390, 20050725000393, 20160115000845 AND 20160115000846, AND RE-RECORDED JANUARY 27, 2016
AS RECORDING NOS. 20160127001326 AND 20160127001327, AND "ASSIGNMENT AND ASSUMPTION OF REA"
RECORDED MARCH 21, 2017 AS RECORDING NO. 20170321001625 AND “ASSIGNMENT AND ASSUMPTION OF REAS"
RECORDED JULY 20, 2017 AS RECORDING NO. 20170720000623, IN KING COUNTY, WASHINGTON.
PARCEL B:
TRACTS A, B, C, D, E, F, G, I, J, K, L, AND M, CITY OF FEDERAL WAY BINDING SITE PLAN NO. 06-100926-00-SU
RECORDED MAY 30, 2007 UNDER RECORDING NUMBER 20070530001643, IN VOLUME 241 OF PLATS, PAGES 40
THROUGH 52, INCLUSIVE, AS AMENDED BY AFFIDAVIT OF MINOR CORRECTION OF BINDING SITE PLAN RECORDED
NOVEMBER 1, 2007, UNDER RECORDING NUMBER 20071101001278, IN KING COUNTY, WASHINGTON.
PARCEL B1:
THOSE CERTAIN NONEXCLUSIVE EASEMENT RIGHTS FOR VEHICULAR AND PEDESTRIAN INGRESS AND EGRESS, FOR
PARKING, AND FOR UTILITIES AS MORE SPECIFICALLY DESCRIBED IN THE CONSTRUCTION, OPERATION AND
RECIPROCAL EASEMENT AGREEMENT RECORDED JANUARY 13, 1975 UNDER RECORDING NUMBER 7501130291, AND
AS SAID AGREEMENT MAY HAVE BEEN AMENDED BY SECOND AMENDMENT TO SAID AGREEMENT RECORDED APRIL 1,
1997 UNDER RECORDING NUMBER 9704011390, AND BY THIRD AMENDMENT RECORDED JULY 25, 2005 UNDER
RECORDING NUMBER 20050725000393, AND BY FOURTH AMENDMENT RECORDED JANUARY 15, 2016 UNDER
RECORDING NUMBER 20160115000845, AND RE-RECORDED JANUARY 27, 2016 UNDER RECORDING NUMBER
20160127001326, AND BY FIFTH AMENDMENT RECORDED JANUARY 15, 2016 UNDER RECORDING NUMBER
20160115000846 AND RE-RECORDED JANUARY 27, 2016 UNDER RECORDING NUMBER 20160127001327, RECORDS OF
KING COUNTY, WASHINGTON.
