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94-100300
MA.STFO, LAND USE APPLICATION • EQ APPLICATION NO. L E a cf — 06 Ul DEPARTMENT OF COMMUNITY DEVELOPMENT 33530 15t Way South ♦ Federal Way, WA 98003 Date Qh Iq Agent Name of Applicant - - -- aC--S ❑ wner Address Signatur Owner Name/Address Phone (if different than applicant) Property Location Kroll Zone Legal Description' f 3 _ (, � Le+ F l S ` csq .mac Lee d� IQ \JcX cL#Aba 4 Cf- P.,FF7T& Project Description Parcel Number(s) Type of Permit Required: SEPA Notice Sign Checklist Mailed Board h;= h �® Site Plan Review R R * Land Surface Modification R R Boundary Line Adjustment FEB i� ! , 1994 Binding Site Plan R R R Short Subdivision * * * CITY OF >~ )ERAL WAY Subdivision R R BUILDIP ; DEPT. Shoreline R R AECEIVEC Variance R R R Conditional Use R R R FEB 011994 Use - Process I R R Use - Process II R R R Use - Process III R R F FEDERAL WA R _DING DEPT- Quasi-Judicial Rezone R R R Variance R* R R Comp. Plan/Rezone R R Annexation R R Lot Line Elimination *Pre -Application Meeting R = Required * = Optional by City MAVVEN r.---------------.----- O O I �' � I 0)I C° U T '� C P O L Y m U (d 7 N L L N ro rp m - m L a) C_ 2 0 T rn in W I n C7 j I c o rn� c- - N ro ro � m Q 0 c m n I-. 1 O O 01 N N'o N Co 2 co rn ;1 10 0 N $ L a) c `m_ L C U O) m m Q -0 C c -0 O c 0) 0 ro o CL CL 1° I [[ I Il ri f (a T (a o > ro cn ° t E o ro m °' ai t o I ` 0 E ? � c� J � ° ° U ` m m � " ` >-0 L J CD U l O I I C1 ! n N E `` n U (0 J E 0 O ` U J I I I f { O ° .L0-•��[ O CE E 'C N C a) °p U C .L-. L O oc N O CIS U 0) O j7 C 0 E N O .0 CKI 0 LL. 7 I II I L O n i L a) 0 C E L-2 m m J -o a) ° O-0 0 o 0 En J O m I m f � + a a m i'ff ? a) c o-0 � c c m o E`- N o m 7 o O n n T m c a) c �[ I I C m ui c a�i a' m m r`d c7 n a>> m m wI O• i s U c c° r» ro m E m 0 U L% ro cLi _Y ° E m w ' rro ' •� - 0 L i0 a) O U 0 E m N L U y m C O V N J N N a) J U N I I II ! 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N a) a) ` C1 (n O I Z O- cay0 0« ro L ro ro 0 O n (n N C 3 ro a) m n E O a)ro 0 N C cn cn ro -0C 7 ro (D ro 0 N -o in (D Cc, 0 U O U 0) ro (1) C c E c o '0 7 c roLo a rn o -0 ro 7 ro >ca c o Z c -0 L L O > c O cn ro N T c cz N (n E C C7 o ro CO = 1 0 r a con a) . n o m a � I Y ° a) a c Z m LL O C C .L. 01 a5 > co O O c 3 i y 0 Z O U C .LO.. 1¢- O E ro Y a 4 �� Cas v+a C CJ< LUD d L 0 W 'o p� a C > ❑ T (a C E a a) 3 L o 0 m - ° m a) C 7 E ro n 0 a) -0 p 7 a) c .0 U ro ca 7 a V) -D C a) -0 C W a) N rn .O a) C a) 7 U a) Z S� m ro -0 C N V _ Q (n ro O -a (Dro L. O C O W -Cro U c o 7 ro L o ro Z 0 'a cc I o L 4 O � Q T >, U (Da`) n w L L- oC 3 0 f= -d J C p .0L-0 4 C -O 'n L.L a) L cr (n a) 3 m O 7 0 ~O N a) a) c M. O LL -0 a) L U) O � ° 0 7 - o` cn wH - 0 0 O 0 ro ❑ a LU a0i a) H 00 o C-0 >, N m . o ❑ ca -0 C n 7 N _ N to n C- o o > a) N c n '0"CC °1 c o as E O � co � N o a Cc: c L c ro -0 -0 rn `m ro ro 00 Q 3 ca i 0 7 pm C U O Z ro- D m W >• U 'U c ca Y W Cc O (n a) N -0 c O _ to a) 3 c c in '' C U) a) 0 O F- L m o ro p 0 0_ N ca-_ a) O w O mc'o a) I- O O CL ro w Q cn MAIL TO: CITY OF FEDERAL WAY 33530 1ST WAY SOUTH FEDERAL WAY, WA 98003 ATTN: JEFFREY H. SHARP File No.: LLE 94-0001 THIS SPACE RESERVED FOR RECORDERS USE: LOT LINE ELEVIINATION AND RESTRICTIVE COVENANT FILE A. The undersigned party(s) is the owner(s) ("Property Owner") of certain real properties located in Federal Way, Washington, and legally described as follows: Lot "A" See attached Exhibit B. (If there are additional lots, attach a separate sheet containing additional legal descriptions.) ("Properties"). B. All structures on the Properties and all distances from all structures to Property lines are set forth in the drawing attached as Exhibit A and incorporated by reference; and C. Section 58.17.040(6) of the Revised Code of Washington allows the adjustment and alteration of lot lines between contiguous properties; NOW, THEREFORE, the Property Owner, in consideration of the mutual benefits to the foregoing Properties, agrees as follows: 1. Elimination of Lot Line. The Properties shall be combined to become one (1) lot, the common lot line(s) of the Properties shall be eliminated as set forth in Exhibit A, and the combined lot shall be legally described as follows: Revised Lot "A" See attached Exhibit B. 2. Restrictive Covenant. Upon recordation of this Lot Line Elimination and upon any subsequent improvement to the Properties, the Property Owner acknowledges that the Properties are no longer separate lots and accordingly, cannot be individually assigned, transferred or conveyed to any party or entity, unless in compliance with all applicable federal, state and local laws, regulations, codes and rules, including, without limitation, all subdivision requirements. This Lot Line Elimination shall not eliminate, remove or impact in any manner any easements, encroachments or other restrictions of records. 3. Binding Effect. This Lot Line Elimination and Restrictive Covenant shall run with the land and be binding upon and inure to the benefit of the Property Owner's successors in interest, heirs and assigns. DATED this �� ay of 19. " , L f, ,v- -, <i - (Signature) -�J©FS pSACK— 7P— (Print Name of Property Owner) STATE OF WASHINGTON ) ss. COUNTY OF KING ) (Signature) (Print Name of Property Owner) On this day personally appeared before me /1� ��C� �7`/� , known to me as the individual(s) described in and who a uted the wjOfip and foregoing instrument and acknowledge that he/sheAhcy signed the same as 's/her/ fr and voluntary act an deed, for the uses�gnd; purposes therein stated. r OTARY PUBLIC in and for State of Washington ,4/ el%e /_�-T� 'E 6�eE� Printed name Residing at �a My Commission Expires Z! I CITY OF FEDERAL WAY APPROVAL: Examined and approved this 5 00� day of (n 1VL , 1994 Je Re . Sharp, Eng eering Plans Reviewer q N 1"=50' 2 0' — ALLEI NE 31-21-04 EXHIBIT "A' A LOT 13 0-1 � B LOT 14 cu 0+ �� C LOT 15 0,j D LOT 16 120' SW 371ST ST ❑RIGINAL LFITS 2 0' ALLEY RE'✓ISED I" 0 A 120 LOT 13 3 V) LOT 14 0, 0 o LOT 15 S 120' LOT 16 l SW 371ST ST I L Ll T LLE94-0001 EXHIBIT B LOT "A" LOT 13, BLOCK 15 OF THE PLAT OF EAST TACOMA, RECORDED IN VOLUME 4, PAGE 50, RECORDS OF KING COUNTY, WASHINGTON. LOT "B" LOT 14, BLOCK 15 OF THE PLAT OF EAST TACOMA, RECORDED IN VOLUME 4, PAGE 50, RECORDS OF KING COUNTY, WASHINGTON. LOT "C" LOT 15, BLOCK 15 OF THE PLAT OF EAST TACOMA, RECORDED IN VOLUME 4, PAGE 50, RECORDS OF KING COUNTY, WASHINGTON. LOT "D" LOT 16, BLOCK 15 OF THE PLAT OF EAST TACOMA, RECORDED IN VOLUME 4, PAGE 50, RECORDS OF KING COUNTY, WASHINGTON. REVISED LOT "A" LOT 13, BLOCK 15 OF THE PLAT OF EAST TACOMA, RECORDED IN VOLUME 4, PAGE 50, RECORDS OF KING COUNTY, WASHINGTON, TOGETHER WITH: LOT 14, BLOCK 15 OF THE PLAT OF EAST TACOMA, RECORDED IN VOLUME 4, PAGE 50, RECORDS OF KING COUNTY, WASHINGTON, TOGETHER WITH: LOT 15, BLOCK 15 OF THE PLAT OF EAST TACOMA, RECORDED IN VOLUME 4, PAGE 50, RECORDS OF KING COUNTY, WASHINGTON, TOGETHER WITH: LOT 16, BLOCK 15 OF THE PLAT OF EAST TACOMA, RECORDED IN VOLUME 4, PAGE 50, RECORDS OF KING COUNTY, WASHINGTON. 4 k:i � "� I- I I i , 0-1. a � i0i lot � -Mlt�vq-1 ��302-1 4- '0" t -SENT BY, 2-10-94 ; 17:54 STEWART TITLE- . FAX TEEECOP Y COVER LETTER ST�iART TT3ZE COMPANY -1201 MaRD AVE=; S[TiTE #3800 SFA TLE. WAH,[NGMN 98101 FAX .-# 206-343-4720 Z'0 • . COMPANY NAPE: c. c, �,�.. �„-i .� ,I — . �7 i �-,•� FAX NO: 7 /9 0 -IMOM: LISSA' AM PAPPAS/S'SWART TITLE ESCROW DEPART H=1 FH0TqE N0: (206)343-1350 DOCUMM No. 1: 0 1 PAGES 206 946 46804 1/ 8 TOCUNEN'T NO. 2- PAGES DOGUMM NO. 3: PAGES nOTP N0. 4: PAGES If pages are missing, please notify sender at the phone number above. MESSAGES: T1fM ° YO ! . z 0 -SENT BY ALTA OWNER'S POLICY - 1417-92 2-10-94 ; 17:54 ; STEWART T i TLE- 206 846 46804 2f 8 POLICY OF TITLE INSURANCE ISSUED BY GUARANTY COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, STEWART TITLE GUARANTY COMPANY, a Texas corporation, herein called the Company, insures, as of Date of Policy, shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or'Incurred by the insured by reason of; 1. Title to the estate or interest described In Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. lack of a right of access to and from the land.' The Company will also pay the costs, attorneys' fees and ' in in defense of the title, as insured, but only to the extent provided in the Conditions and Sttpulatlons. IN WITNESS WHEREOF, Stewart Title Guaranty Company has ttfst'nt(d th licy to be signed and sealed by its duly authorized officers as of the Date of Policy shown in Schedule"A } STBW.A�, 'T��rTILE GDAkANT v >Mx V. Chairman oT [he $oar r President Counlersignerd: .i ,•' !" Authorized 5 g'natory r., r^. ma2i1Y of Wa., in, CompanyC'rr' ,�,n41t e, ►h Fsf ungton gi2 p; City, Slate � — EXCLUSIONS FROM COVERAGE The fallowing matters are expressly excluded m the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason at: 1. (a) Any idw, ordinance or government ulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the aecup use, or enj ment of the land; PI) the character, dimenslons or iocstlon of any improvement now or hereafter erected on the land, (10 a separation in owne or ange in the dimensions or area of the tend or any parcel of which tha land is or V14 a part; or (iv) environmental protection, or the effect of any v n f these laws, ordinances or governmental regulations, except to the extent that a notice cl the enforcement theranf or a notice of a defect. Ilen or ono4mb resulting from a violation or alleged violation affecting the land has been recorded In IN public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the public records at Date of Policy. 2. Hiatt of eminent domain unless notice at the exercise thereof has been recorded In the public retards at {tale of Policy, but not excluding from coverdga any taking which has occurred prior to flare of Policy which would be binding an the rights of a purchaser for value without knowledge, 3. Doiects, Ilona, encumbrances, advtrse claims or other matters: (a) created, suffered, assumed or agreed io by the insured claimant (b) not known to the Company, not recorded in the public records at Date of PoUcy, but known to the Insured claimant and net disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an lnsured under this policy. (c) rmulting in no loss or damage to the insured cialmant, (d) attaching or created subsequent to Date of Policy; or (a) resulting In loss or damage which would not have bean sustained if the insured claimant had paid value for the estate or intarest Insured by this policy. 4. Any Clain, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of ledefal bankruptcy, stale insolvency, or similar creditors' rights laws, that is based on; (a) the transaction creating the eslale or inlerest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer: or (b) the transaction creating the estate or Interesi insured by this pal baing deemed a prcferenilal transfer except where the preleyeAaI Iransfer results: Irom the (allure: (1) to timely record the instrument of transfer, or (ii) of such recordation to impart notice to a purchaser for value or a Judgment or lion creditor. 1 of 001 (aeV. 101797) ,SENT BY; 2-10-94 ; 17:58 ; STEWART TITLE 206 946 4680;# 6/ 8 Standard Coverage STEWART TITLE GUARANTY COMPANY A.L.T.A. OWNER'S POLICY SCHEDULE A, Order No.: 220745 Policy No.: 9993-90705 Policy Date: September 21, 1993 Policy Amount: $30,000.00 at 3:50 p.m. 1. Name of Insured: DON MACK, JR., single, as his separate estate 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: DON NACK, JR., single, as his separate estate 4_ The land referred to in this Policy is described as follows: Lots 13, 14, 15 and 16, Block 15, Past Tacoma, according to the plat thereof recorded in Volume 4 of Plats, page 50, in King County, Washington. -SENT BY' 2-10-94 ; 17:59 ; STEWART TITLE 206 046 46804 7/ 8 Standard Coverage STEWART TITLE GUARANTY COMPANY A.L.T.A. OWNER'S POLICY SCHEDULE B Policy No.: 9993-90705 This policy does not insure against loss or damage by reason of the following: GENERAL EXCEPTIONS: I. 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 auscrted by anyone including but not limited to persons corporations, governments or other entitieis, 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 Vn it'ed 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. (continued) SENT BY' 2-10-94 ; 17:59 STEWART TITLE- 206 346 4680;# 8/ 8 -r 1 Policy No.: 9993--90705 A.L.T.A. OWNER'S POLICY SCHEDULE D Page 2 SPEC= EXCEPTIONS: I. AGREEMENT AND THE TERMS AND CONDITIONS TH.4REOF; BY AND BETWEEN: Owners of record DATED: Not disclosed RECORDED: December 28, 1988 RECORDING NUMBER: 8812260994 REGARDING: aoint- use and maintenance of common roadway 2. AGREEMMT AND THE TERMS AND CONDITIONS THEREOF: BY AND BETWEEN: Owners of record DATED: Not disclosed RECORDED: December 28, 1988 RECORDING NUMBER: 8812280995 REGARDING: Joint use and maintenance of common roadway END OF SCHEDULE B DM/s9/7744F SENT BY: 2-10-94 ; 17;56 STEWART TITLE-4 206 946 4680;# 4/ 8 CONDITIONS AND STIPULATIONS Continued (continued and conduded from reverse side of Policy Face) (e) The liability of the Company under this policy shall not exceed the least of, (i) the Amount of insurance stared in Schedule A; or, (ii) the difference between the value of the insurad estate ar interest as insured and she value of the insured estate or interest subject to rha defect, lien or encumbrance insured against by this policy. (b) In the event the Amount of Insurance stated in Schedule A at the Dote of Policy is fes than 80 percent of the value of the insured essoie or interest or The full consideration paid for the land, whichever Is less, or if subsequent to the Dote of Policy on improvement is erected on the land which increases the value of the insured estate or interest by at least 20 ppeerceni over the Amount of Insurance stored in Schedule A, then this Policy is subiett to the following; (i) where no subsequent improvement has been made, os to any par- tial loss, the Company shot! only paayy the loss pro rota in the proportion That the amount of insuronce al dote of Policy boon to the total value of the insured estate or interest al Date of policy; or (ii) where o subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rato in the proportion that 120 percenl of the Amount of Insurance stated in Schedule A bears to the sum of the Amoval of Insurance slated in Schedule A and the amount expended for the improvement. the provisions of tills paragraph shall not apply to costs, ottomeys' fees and expanses for which the Company Is liable under this policy, and shall only a ply to that portion of any lass which exceeds, in the oggregole, 10 percent ofpthe Amount of Insurance stated in Schedule A. (c) The Company will gay only those costs, otlorn"' fees and expenses incurred in accordance with 5edion 4 of these Conditions and Sfipulations. 8. APPORTIONMENT. It rho fond described in Schedule A consists of two or more parcels which are not used as a single site, and a loss 4 established offecting one or more of the parcels but not all, tha loss Aoll be computed and settled on a pro into basis as if the omaunl of insurance under Phis policy was divided pro rate as to the value on Dote of Policy of each separate parcel to the whole, exduslve of any improvements mode subsequent to Dote of Policy, unloss a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the lime of the issuance of this paticy and shown by an express statement or by an endorsement attached to this poficy. 9. LIMITATION OF LIABILITY, (a) 0 the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cores I.'* lack of o right of access to or from the land, or Cures the claim of unmarketobility of title, oil as insured, in a reasonably diligent Manner by any method, including litigation and the completion of any appeals therefrom, ii shall hove fully performed its obligoiiom with respect to ihot matter and shall apt be huble for any loss or damage caused thereby. (b) In the evens of any litigation, including litigation by the Company or with the Compony': consent, the Company :;hall hove no liability for loss or dumoge until there has been a final determination by a court of compefent ju6sclictian, and disposition of all oppga11 therefrom, adrerse to The fiffe as insured. (c) The Company shall not be [ioble for loss or damage to any insured for hub[lity voluntarily assumed by The insured in settling any claim or sun without the prior written consent of the Company. la. REDUCTION Of INSURANCi, REDUCTION CR TERMINATION OF LIABILITY. All Aoyntents under this policy, except payments mode for costs, attorneys' fees and exppenses, shall reduce The amount of the insurance pro tonto, 11. LIABILITY NONCUMULATIVE. It is expressly understood That the ❑mounr of insurance under this policy shall be reduced by any omount the Company -may pay under any policy insuring a mortgage to which exception 15 taken in Schedule 8 or to which the insured hoc agreed, assumed, or taken subject, or which is hereafter executed by on insured and which is o charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this poliq to the insured owner. 12. PAYMENT Of LOSS, (a) No payment shall be made without producing this policy for endorse- ment of the payment unless the policy has been lost or destroyed, in which case proof of lass or destruction shall be furnished to the sotisf action of the Company. (b) When liability and the extent of Ims or damage Los boon definitely fixed in accordance With lhese Conditions and 5tipula0ions, the less or damage shall be payable within 30 days thereafter. 414 IT SUBROGATION UPON PAYMENT OR SETTLEMENT. (o) The Company's Right of Subtogatien. Whenever The Company shall hove senled 'and paid a claim under this pal• icy, all right of subrogation shall veil in the Company unaffected by any act of The insured claimant. The Company shall be subrogaled to and be emitled to all rights and rem a. dies which the insured claimant would hate hod against any person or pproperty in respect to the claim hod this Polity not been issued, if requested by the Cam• pony, the insured claimant sholl transfer to the Company all rights and remedies against any person or property necessary in order to perfect ills right of svbro- gation. The insured claimant sholl permit The Company to sue, Compromise or settle in the name of the insured claimant and to use the name of the insured claimonf in any tronsodion or litigation involving these rights or remedies. If o payment or account of a claim does not Fully cover the loss of the irssured claimant, the Company shall be subrogaIed to these rights and remedies in the proportion which the Company's payment bears to the whoie amount of the loss. IF loss should result from any act of the insured claimant, as stated above, That ad shall not void this policy, but the Compony, in that event, shall be required fo pay only that part of any lasses insured against by this policy which shall exceed the amount, of any, lost to the Company by reason of the impc*- merd the insured claimant of the Company's right of subrogation. The Company's Rights Against Non-insured Obligors. kCompany's right of subragolion against non -Insured abligon shot[ oxiA and shall include, without fimitatlon, the rights of fie insured to Indemnities, guo• tonties, *Ihar policies of insurance a bands, notwithstanding any terms or condi- tiom conlainad in fit oie inslrurnenIs which provide for subrogation rights by rea- son of this pofiry 14. ARBITRATION Unless prohibited by applicable low, either the Campony or the insurad may demand arbitration pursuant to the Title Insurance Arbitration Rules of the Ameri- can Arbitration Assodaiian. Arbitrable matters may include, but Ora nut limited to, any controversy a claim bdween the Campony and the insured arising out of or relating fo this alicy, an service of the Company in connection wide its issu- ance or the breacf� of a policy provision or other obligation. All arbitrable mot• tern when the Amount of Imurance is $1,000,000 or less shall be arbitrated at the option of either the Company or the insured, All orbilroble matters when the Amount of Insurance is in excess of 3100,000 sholl be arbitrated only when agreed to by both the Company and the insured. Arbitration pursuant to this policy and under the Rules in affect on the dote the demand for arbitration is mode or, at Ilse * lion of the Insured, the Rules in effect at Date of Policy sholl be binding upon the pparties. The award may indude attorneys' fees only if the fowl of the stole in whlCh the land is foeoted permit a court to award attorneys fees to a prevailing party. Judgment upon he award rendered by she Arbitro- for(4 may be entered in any court having jur>sdidion thereof, Tha law of the situ: of the land slotf apply to an orbitrotion under the Tills Insurance Arbitration Rules. A copy of the Rules may be obfnined from the Company upon request. Is. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (a) This policy together with all endorsements, if any, atlathed hereto by the Company is the entire pofiry and contrno between the insured and the Cow pang, In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of lass or damage, whether or not based on negligence, and which arises out of the statvs of the title to the estate ar interest covered hereby or by any action assorting such claim, Aoll to restricted to this polity. (c) No amendment of or endorsement to this policy con be mode except by a writing endorsed hereon or aflached hereto signed by either The Presldent, p Vice President, the Secretory, an Assistant Secretary, or volidaling officer or oulhorixed signatory of she Company. 16. SEVERABILITY. In The event any provision of The policy is held invalid or unenforceable under applicable low, the policy shall ice deemed not to include that provision and all other pprovisions shall remain in full force and effect. 17. NOTICES, WHERE SENI. All nolicos required to be given the Company and any slatemenl in writing required to be furnished the Company shall intfude the number of this policy and shall be addressed to Ilia Company at P.O. Box 2029, Houston, Texas 77252.2029. STl-"-"NV�i11T TI'rLYJ SENT BY: 2-10-94 ; 17:55 ; STEWART TITLE- 206 946 4680;# 3/ 8 CUNDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. The following, terms when used in this polity mean; la) "insured': the insured named in Schedule A, and, subject to any rights or defenses the Compony would hove had again st the nomed;nsured, those who surcered to the interest a the named lruvred by aperatio a of low os distinguished from purchase including, but not limited to, heirs, diaributees, devisees, survivors. Irersonol mpresentotives, next of kin, or corporate or fidudury successors. (b] "insured claimant"; on insured claiming loss or damage. (r) "knowledge" or "known': oclual knowledge, not construdive knowledge or notice which may be imputed to on insured by reason of the public records us defined in this policy or any other records which impart consiructive notice of molter$ a#eding The toad. (d) 'land": the land described or referred to in Schedule A, and improve - meats affixed thereto which by low constitute real property. The term "land" does not include ony property beyond the lines of the area desuibed or referred to in Schedule A, nor onright, title, interest, estate or eosement in abutting siraell, roads, avenues, olfeys, {ones, ways or worerways, but nothing herein shall modify or limit the extent 10 which a right of access to and from the land is insured br this polio. (a) mortgage : mortgage, deed of trust, trust deed, or other security instrument. (f) 'public records": records established under state statutes at Date of Pol- icy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. With eespecl to Section (clkv) of the Exclusions From Coverage, "public records' shall also induct" environmental protection liens filed in the records of the clerk of the Unit"d States district court for the district in which the land is located. () "unmorketabiNy of the title": an allegad or apparent mailer affecting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interesi described in Schedule A to W released from ti,e obligation fa purchase by virtue of o contractual condifion requiring the dative of marketable title. 2. CKINUATION OF INSURANCE AFTER CONVEYANCE Of TITLE. The coverage of this policy shall continue in force as of Date of Policy -in forbr of an insured only so long as The insured retains an eslare or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only to long as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or convey- ance of the estate ar interest. This policy shall not continue in force in favor of any purchaser from the insured of either (h) an est❑Ie or interest in she land, a (u) an indebtedness secured bry n urchose money mortgage given to the insured. 3. NOTICE OF CLAIM 7f BE GIVEN BY INSt1RED CLAIMANT. The insured shall notify, the Company promplly in wriiing i) in case of any litigation as set forth in Section 4(a) below, (il) in case knowledge shall come to on ensured hereunder of any claim of title or;ntere-sl which is adverse 19 the title to the estate or interest, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or jiny if He to the estate or interest as insured, is rejected as unmark"la6ls. tf Prompt notice shall out be given to ire Company, then at to the insured all liability of the Company sholl terminate with regard to the matter or matters for which prompt notice Is required; provided, however, that lolfure to notify the Company sholl in no cost prejudice the right& of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of Ike prejudice. 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT 70 COOPERATE. (a) U p a n written request by the insured and subject to the options corttoined in Section d of these Conditions and Stipulations, the Company, at its awn cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those statsd causes of action ollagin o defect, lien or encumbrance or other manor insured against by this polity. �he Company shall have the right to select counsel of Its choice (subject IV the right of the insured to abject for reasonable cause] to represent The insured as to those staled caries of action and shall ssof be liab a for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the insured in the defense of those causes of action which vlfege mottenc not insured ogainst by this policy. (b) The Company shall have the right, a its awn cast, to irrstitule and prose• cutsany anion or proceeding or to do an d other awhich in its opinion may be necessory or desirable to establish the title to I h a cstoit, or interest, as insured, or to prevent or reduce loss or damage to the insured The Company mayy take any aEppropriafe action under rho terms of this poficy, whether or not it sholt be lloble hereunder, and shell not fheieby concede liabrf'dy or waive any provision of this polity. If the Company $hail exercise its rights under lh4 paragraph, 4,10 do so diligently. (c) Whenever the Company shall have brought an action or interposed a defense as required or pormilted by the provisions of This policy, the Company may pursue any f ligot;on to final determination ba court of competent junsdsc• ticn and expressly res rves the right, in its sale lcrelion, to appeal from any adverse judgment at order. (d) In all cows where this policy permirs or requires the Company to prose- cute or provide for the defense of ony action or proceeding, the -insured shall secure 10 the Company the right to so prosecute or jirovide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its Option, the name of the insured for this purpose. Whenever requested by the Campanyy, the insured, or the Company's expense, shall give the Company all reasonable aid;i} in any action or proceeding, securing eVedente, oblaining wil- nesses, prosecuting or defending the action or proceeding, or effecting sestle� ment, and (u) in any other lawful act which in the opinion of the Company mo be necessory or desirable to establish the title IV the estate or interest as insured, if the Company is prejudiced by the failure of the insured to furnish Ike required cooperalion, lire Company's obllgatians to the insured under the policy shall let- minate, including any liability or obligalion is defend, prosecute, a continuo any litigation, wills reggard to the matter or matters requiring such cooperation. S. PROOF OF 1, OR DAMAGE In adti4lon to and after the nofices required under Section 3 of these Condi. lions and Stipulations have been provided the Company, a proof of loss or dom- age signed and sworn to by The insured claimant shall be furnished to the Com. pang within 90 days after the insured claimant shall ascerto;n the fade giving rise to the loss or damage. The proof of foss or damage shoji describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which Constitutes the basis al loss or damage and shall slate, to the extent posse ble, the basis of calculaling the amount of the loss or damage. IF the Company is Preiudhced by the failure of the insured claimant to provida the requirad proof of o5s or damage, the Company's obligations to the insured under the policy shall rarminafe, 'rnduding any liability or obligation Io defend, prosecute, or continue any Inlgalion, with regard to the matter a matters requiring such proof of I❑ss or damage. In addition, the insured claimant may reownably be requirad to submit to exorninatian under ooth by any authorized representolive of the Company and shall produce for examination, inspe&on and copying, of rush reasonable times and pinces as may be designated by any authorized representative of the Cam• pony, all retards, books, ledgers, checks, correspondence and memotor,da, whether bearing o dole before or after Date of pokey, which reasonably pertain to the loss or damage, Further, if requested by any authorized representolive of the Company, the insured claimant shall grorrt its permission, in writing, for any oulhorized representalive of the Company to examine, inspect and copy all retards, books, ledgers, checks, correspondence and memoranda in the cuslod y y or control of a third party, which reasonably perla;n to the loss or damage. Alt informotion designated as confidentiol bthe insured dalmont provided to the Company pursuarnf to tills Section Shall not be disclosed to others unless, in Ike reasonable judgment of the Company, it is necessary in the administration of the claim. Foil of rile insured claimant to sub RIP for examination under oath, pro- duce other reasonably requested information or grant permission to secure rew sonabfy necessary information from third parties ns required in this paragraph shall term;note any liability OF the Company under this policy as to rhos claim. b. OPTIONS 10 PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY. in case of a doim under this policy, the Company shelf hove the following additional epbans: (a) To Pay or Tender Payment of the Amount of Insurance. Ta pay or Iender payment of the amount of insurance under this policy together with any costs, oltorneys' fees and expenses inwrred by Ilse insured claimant, which were ouihorized by the Company, up la the time of payment OF tender of payment and which the Company rs obligated to pay. Upon the exercise fir Ilse Compparty of this optian, all II'iGty and obligations to the Insured under this policy, ather than to make the payment required, shall terminate, including any tobility or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. (b1 To Pay or Other ve Settle With Parties other than the Insured or With 1 er Insured Claimant. Q to pay or otherwise seflie with other parties for or in the name of on insured denmant any claim insured ogaind under this paltry, together with any casts, attorneys fees and expenses incurred by the insured doirmonf which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (ii) to pay or otherwise sottfe with the insured claimant the loss or dmm age provided for under this policy, 19ether with any casts, attarneys` fear and expenses incurred by the insured da(monT which wore authorized 6y the Com- pany up to the lime of payment and which the Company is obligated to pay. Upon the exercise b the Company of either of the options provided for in Faro graphs {{b�(i) or ii), the Company's obligations to the insured under this pot - sty for the Maimed ass or damage, outer than she payments required to be made, shall terminate, including any liability or abligatian to defend, prosecute or continue any iitlgation. 7. DETERMINATION, EXTENT OF LIABILITY AND COiNSUitANCE. This pulley is a contract of indemnity against actual monelary foss or dom. age sustained or hncurrad by the insured doimont who has suffered loss or dom- age sly reason of manere insured against by this polity and only so Fine extent heron described. (continued and concluded on last page of this policy) f L• ii 1C "J4 1:); Jd UH1l.HUU I 1 1 LL U141 I -G r. l CMC..AC0 TT= lNSURANM COMPANY 1800 COLMMIA CENTER, 701 5TH AVE, SMATTLE',.WASHINGTON 98104 Order No.: 406976 Unit: 02 Your No.: NACx SEATAC ESCROW, INC. 32042 - 23RD AVENUE SOUTH FEDERAL WAY, WASUINGTON 98003 Attn: NINA 2/1 Property Address: WAsHINCToN Enclosed are your materials for the above Var oVon. If you have any questions regarding these materials, please contact us. Thank you for thls opportunity to serve you. TITLE UNIT TWO TELEPHONE 628-•5675 FAR 628-5697 SHAWNA STUMPY SENIOR TITLE OFFICER A00 UNIT MANAGER ROBIN PARHELEE TITLE OFFICER ROSALYN DIIORIO SENIOR TITLE TECHNICIAN GEORGIA KAHLER TITLE TECHNICIAN CHICAGO TITLE INSURANCE COMPANY tmer/1047♦+/m FEB 18 '94 15:33 C141CAGO TITLE UNIT-2 P•2 , dCAGO M7Z DMMMC!13 COMPA 1000 COL USIA CENMI: 701 FMH AVENGE We Unit 02 BERT=, =TON 98104 Phone: 628-5675 AJ..TA- CgMMTrMMa Fas: 628-5697 S�vLE A drderNO.: 406976 Officcer: SAAWNA STVHPF Your NO.: NAClC CoImr km=1 F.g"&m Date: FEHRUMY 18,,E 1994 at 8:00 A.Hs 1. Policy or Policies to be issued: k Amowe S0.00. A1.TA Owner's Policy 1, Premium: Tam PWpoaed bsared: . Policy or Policies to be issuod: # Amount: $101,750.00 ALTA Loan Policy i Premiam: $186.00 1990 EXTZMED P Tam S 13.26 BUXXMBR/SUBDIVIDER LOAN RATE PrOPOW4 bsure&- ROf3ZNSON OOWtMICATIOAS - 1 F ' i Policy or PoEdw to be issued: ' Amount.: $0.00 ALTA Loan Policy 4 Prtminm.. . i U4 Psopcxedi�ured ; _ 2. The: CSMC or interest in the laud which is ' by" Commitment Is: FEZ'SXHPLE 3. Title to the estate or interest in the land is at the c 6edive tiate'hmO vested ia: - DON NACR, JR., AS HIS SEPARATS $STATX. °. 4. Thc'W re%rmd to in:this Cammitmcnt is d�scnb�d as fgmnm- SEE ATTA¢HED LIG?, DESCRIPTION .EXHIBIT CWC;AGQ 7T1TR RJSUJ�ANCB cOMPAW ate vas: FEB 18 '94 15:34 CH1C:HGO IIILE UNIT-2 J � QMCAGO T1TLS INSURANCE COMPANY A .,.TA. C9MMTrUIENT SCHEDUIE A• CW=Nm: 406976 (cmduued) Yow No-- NAQC LEGAL DMCP=0N EDUUW (PuWaph 4 of SdwAWo A c=Wmfum) LOTS 13 14, 15 AND 16, BLOCK 15i BAST TACOMA ADDITIONp-ACCORDING TO THE PLAT TAERFOF, RECORDED IN VOLUME 4 OF PLATS, PAGE 50, IN KING COUNTY, WASSAQGTON. CmCAGO TnIE DISURA1NC E COMPANY ov=i►nu4'u-rsW/eac FEB 18 '94 15:34 CHICAGO TITLE UNIT-Z P.4 CFIICAGO Tn7X INWRANC6 COMPANY A1..T.A. C.OUDdr AC N'T SawpT TT R B Older N= 406976 Your No-. wh= Schedule B of Ow policy or policies to be issued will conWm exceptions to the fallowing poatton unless the same are disposed of to the satisfy on of the.Comps". Gr?NrMAL EXCiMTtDNS A. Rights or elmims of parties in possession not shown by.the public records. B, Bneroad ono nts, overlaps, boundary line disputes, or tither roan= whit&would he disclosed by an accurate survey and inspection of the premises. C. Ea smcnts, or claimts of easements, not shown by the public records. D. Any, Ren, or right to a lieu, for contrfbut k met t4 employee boaefstf mx s, ar for state waxkers' csmp=-atiez, of for servicca, labor, or material h retafma or heresftior furnished, allns ]mpmed by law, and not shown by the public record& ' l3. Txm or special a&gip;m onto Which ere not shown as existing lians by the public records. F Any sesrvier, k9aitivn, conne,06za, maintenaac-, Lap, capacity or cnastruction dot W for sewer, water, electricity, other ntUi ies, or garbage collectic= and disposal. G. Reservations or exceptions in patents or in Acts authorizing the isaueaco thercaf; Indian: tribal codes or regulati vas, Indicts treaty or abor4on al rights, inchiding r em.cuts or equitable servitudes. H. Watetrights, claims, or title to water. L Defects, liens, encaymbrances, adr►ene claims or other mattan, if az,created, first appearimg in the public records, or attaching subsequent to the offccdm data hared but prior to the date the gropoaed insured acquires of record for value the "testa or intmeat or mortpp thezr4m camrad by this Commibme:nL SPECIAL EXCEP-hONS FOLLOW CMCnoo =$ u&RJR►1-= MWAI•lyr Vrraooim FEB 18 '94 15:34 CHICAGO TITLE UNIT-2 P.5 l ' CFIICAGO TfnZ INSUR"CL COWANY A.L.TA. COMMMEEW SCIMULE B Order No» 406976 i Your No.: NAcx SPECIA1. MCC34MONS I A 1. RESERVATIONS AND EXCEPTIONS CONTAINED IN DEED FROM NCWHM PACIFIC RAILROAD COMPANY: I RESHRVING AND EXCEPTING FROM SAID LANDS SO MUCH OR SUCH PORTIONS THEREOF AS ARE OR MAY BE MINERAL LAMB OR 00"AIR COAL OR IRON, AND ALSO THE USE AND THE RIGHT AND TITLE TO THE USE O,F SUCH SURFACE GROUND AS MAY BE NECESSARY FOR GROUND OPERATIONS AND THU RIGHT OF ACCESS TO SUCH RBSSRVED AND EXCEPTED MINERAL LANDS, INCLUDING LANDS CONTAINING COAL OR IRON, FOR THE PURPOSE OF EXPLORING, DEVELOPING AND WORKING THE SAME. RECORDING NUMBER: 6353 3 2. ROAD MAINTENANCE AGREEMENT AND THE TERKS AND CONDITIONS THEREOF: RECORDED: DECEMBER 28, 1988 RECORDING NUMBER: 681;280994 - C 3. ROAD MAINTENANCE AGRE0MNT AND THE TERNS•AND CONDITIONS THERrOFt RECORDED: DBCErigER 28, 1988 RECORDING NUMBER: 863j2280995 i D 4. GENERAL AND SPECIAL TAXES AND CHARGRq, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALE DELINQUENT IF UNPAID ON HaVEHHER 1 OF THE TAX YEAR (AMOUNTS DO NOT IN4'LUDH INTEREST AND PENALTIES): YEARS 1994 TAX ACCOUNT NUMBER: 218P20-2200-00 LEVY CODE: 1205 ASSESSED VALUE-LANDt $ 19,200.00 ASSESSED VALUE-IHPROVFIIENTS: $ 0l 00 GENERAL TAXES: BILjXD: $286.71 PAIP:: $0.00 UNP.IID: $286.71 SURFACE WATER: BIDED: $ 74.21 PAID: $ 0.00 UNP43I0: $ 74.21 SPECIAL DISTRICT: BIL3.ED2 $ 1.25 PAIpx $ 0.00 UNPAID: $ 1.25 CHICAGO'Tt Z INSURANCE COMPANY FEB 18 '94 15:35 CHICAGO TITLE UNIT-2 P•b CMCAGO 7TIZ8 INSURANCE COMPANY A .m.A. CDM mxrmmm S(MIEDULE B OrderNa: 406976 { Yaar Noz NACK low 5MMLEXC.EMONS NOTE: IF THE TOTAL TAX. DUE 1-8 NOT EVENLY DIVISIBLE INTO TWO* PAYMENTS, XING COUNTY REQUIRES THE EXTRA 1 C$NT-BE PAID WITH THE FIRST HALF TAXES. FAILMM TO INCLUDE THE EXTRA 1 CENT MAY 'RESULT -IN THE REJECTION OF THE TAX PAYMENT BY T= COUNTY. F .•5. THE MOBILE, HOME OR HUMPACTURED HOME (AS DEFINED IN RCW 45.04.302) LOCATW OR TO sa LOCATLD ON THE REAL PROPERTY DESCitIBSD HEREIN IS sUA7RCT TO LICENSING AND TITLE REGISTRATION BY THE DEPARTMENT OF MOTOR VBRICLES PURSUANT TO RCR. 46.12.290. ; G SAID MOBILE OR MAN[TFACT UM HOW IMPROVMIEWTS WILL 8$ F"RESSLY EXCEPTED FROM 228 LEGAL DESCRIPTION AND NOT. INSURED BY THE POLICY UNLESS THE CERTIFICATE O? TITLE IS BLININATED AND THE MOBILE HOME IS CONVERTED TO REAL. PROPERTY AS REQUIRED BY ROW 65.20. A MANUFACTURED HOME TITLE BLI$INATION APPLICATION SHOULD BE OBTAINED FROK THE DEPARTMENT OF LICENSING. THE APPLICATION MUST BE SIGNED BY THE REGISTERED! AND LEGAL OWNERS OF THE MOBILE ROM, THE alJNER OF THE LAND, =3 CITY OR COUNTY BUILDING PERMIT OFFICE, APPROVED BY THE DLPARTMENT OF LICENSING, AND RECORDED OR AVAILABLE FOR RECORDING. EVIDENCE DUST BE SUMITTED THAT PERSONAL PROPERTY TAXES ON THE MOBILE HOME HAVE BEEN PAID THROUGH THM CURRENT Ygm AIW PERSONAL PMPSRTY TAXES FOR NEXT YEAR, IF SUBJECT TO ASSESSMENT, iD'WS .AEEN PAID. PLEASE CONTACT YOUR TITLE OFFICER IF THB MOBILE OR MMUFAC=RM ROME IS NOT TO HE CONVERTED TO REAL PROPERTY. . A 6. TO PROVIDE'AN EXTENDED COVERAGE•LENDERf8 POLICY, GENERAL 3XC8PTIONS A TEMOUGH D WILL BS PONSIDERED NHXw OUR INSPECTION AND/.OR RMXW OF SURVEY, IF REQUIRED, IS COMPLETED. A SUPPLEMENTAL REPORT WILL YOLLOq.- I NOTE 1: THE LOAN POLICY TO BE ISSUED WILL -CONTAIN THE•A.L.T.A. 8.X ENDORSEMENT. END OF SCHEDULE B WLTACUMAUXAC/Rx C HlCAGO Tntz HVSURANCB Y' COMPAN'