HomeMy WebLinkAbout7111010246 STATUTORY WARRANTY DEED 110171ppr
Pioneer National Titi Insurance Company
WASHINGTON Y TLE DIVISION
Filed ;nr Record at Request of
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719 SECOND AVE., SEATTLE, AWASH. 981104p
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THIS SPA ESERVED FOR RECORDER'S USE.
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FORM L58
p o Statutory Warranty Deed
THE GRANTORS SIDNEY E. LEWIS and VELMA B. LEWIS, his wife on April 9, 1969,
and all times since,
for and in consideration of ONE HUNDRED THIRTY EIGHT THOUSAND SIX HUNDRED AND N01100 DOLLARS,
in hand paid, conveys and warrants to CITY OF AUBURN, A MUNICIPAL CORPORATION,
the following described real estate, situated in the County of KING , State of
Washington_
That portion of the William H. Brannan Donation Claim No. 37, in Township 21
North, Range 5 East, W.M., in King County, Washington, described as follows:
Beginning at a point South 0°59'00" East 157.60 feet from the Northwest corner
of said donation claim; thence North 89°19'0011 East 1,117.00 feet to the true
point of beginning; thence North 89°19'00" East 1083.10 feet to the West Bank
of Green River 'Formerly White River'; thence along said West Bank South 17°24'
0011 West 59.50 feet; thence South 6°48'00" West 242.70 feet; thence South 1°25'
00" West 184.50 feet; thence South 17°53'00"-East 153.10'feet; thence South 6°
28100" East 260.00 feet; thence South 12°25'00" East 298.90 feet; thence South
89°19'00" West 1,148.30 feet more or less, to a point from which the true point
of beginning bears North 0°59'00" West; thence North 0°59'00" West 1,183.69
feet more or less, to the true point of beginning, except those portions thereof
Deeded to King County for John Reddington Co. Road by Deeds recorded under Aud-
itor's file Nos. 2776025 and 2776026, Except portion, if any, lying within 26th
Street Northeat~ also known as South 303rd Street, and Except that portion des-
cribed as follows:
Commencing at the Northwest corner of said Donation Claim No. 37; thence North 89°
19' East, along the North line thereof, 1,117 feet; thence South 0°59' East, parallel
to the West line thereof, 728.6 feet to the point of beginning; thence South 0059'
East 612.27 feet; thence North 89°17'14" East :505 feet; thence North 0°41' West
553.415 feet; thence North 11°23'2311 West 60.00 feet; these Westerly along a curve
to the right 'Radius is equal to 538.42 feet, central angle is equal to 10°42'23"',
100.61 feet; thence South 89°19' West 220 feet; thence Westerly along a curve to
the Left "Radius is equal to 336.3:45 feet, central angle is equal to 13°33'51",
79.63 feet; thence South 75°45'0911 West 9.505 feet; thence Westerly along a curve
to the Right 'Radius is equal to 336.345 feet, central angle is equal to 13°33'
5111, 79.63 feet; thence South 89°19' West 10.00 feet to the point of beginning.
SUBJECT TO:
a. Agreement, dated March 24, 1969, recorded under Auditor's file No. 6494213.
b. Easement for Electric Transmission Line, rearded under Auditor's file No.
2199283.
c. An Easement for the right to construct and maintain a Rip-Rap Bank protect-
ion and remove debris along the left bank of Green River, also any reason-
able access necessary for river improvement work; recorded under Auditor's
file No. 5222049.
d. An Easement for Sewer Out-Fall Line; recorded under Auditor's file No.
5492374.
,.0
e. An Easement for Pedestrian Travel and Sports Fishing; recorded under Auditor's
file No. 6320938.
"This conveyance is made in consideration of money coming in whole or in part from
-the Outdoor Recreation Account of the General Fund of the State of Washington. The
purchaser -i:a,e5 subject to the obligatiuns of the Project Agreement contract between
it and the Washington State Interagency Committee for Outdoor Recreation dated
October 18, 19:71 , copies of which are in possession of the purchaser and
the Interagency Committee. The Project Agreement provides, among other things,
that the purchaser shall not at any time convert this porperty to uses other than
for which State assistance was originally granted unless it has obtained prior
approval of the Interagency Committee for Outdoor Recreation in the manner required
by RCW 43:99.100 for Marine Recreation Land,, whether or not the property is marine
recreation land."
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C., DEPT. OF
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Dated this 20th.
day
SEAL)
411
StA E`,'OF WASHLNGTON, 1
ss
Cpunty.of' Ki_,h V' .
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Ori'lfiis day personally appeared before me SIDNEY E. LEWIS and VELMA B.. LEWES, his wife,
to me known to be the individuals described in and who executed the within and foregoing instrument, and
acknowledged that they signed the same as their free and voluntary act and deed, for the
uses and purposes therein mentioned.
GIVEN under my hand and official seal this 3 ~ day of October, 1971.
Notar Public in and for the State of Washington,
residing at Auburn.
'ESQf0W STATEMENT Escrow No. B-935483-CR
ES-7002 vn Title No B-935483
.
Pioneer National Title Insurance Company
WASHINGTON TITLE DIVISION
TO CM OF AUBURN, a municipal corporation.
DATE DEBIT CREDIT
11-1-71 Purchase. price $138,600.00
Deposit
One half Escrow Fee
Recording Fee (Estimate)
147.00
3.00
$138,750.00
$138,750.00 11 $138,750.00
) 9 1
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Pioneer National Title Insurance Company
719 SECOND AVENUE • SEATTLE. WASHINGTON 96104 • TELEPHONE (2061 692-6600
DARWIN THOMPOON
KIM* COUNTY MANAORR
Date November 1, 1971
Re: Our Escrow No. 8-935483-CR
Lewis sale to City of Auburn
City of Auburn
20 'A' Street, N.W.
Auburn, Washington 98002
Gentlemen:
WASHINGTON TITLE DIVISION
A
,1.
Attn: Mr. George A. Schuler
Documents in our above numbered escrow have been recorded,
and in connection therewith, we are enclosing the
following:
Purchaser's Closing Statement
The recorded instruments and policy of title insurance will
be forwarded to you at a later date.
Very t my yours,
C s) Do ores M. Lewis,
Escrow Officer
/smk
Buyer's Closing
12-67
E 40r
POLICY
OF
TITLE
INSURANCE
Providing direct title services or referral TD ~ services throughout the United States and 12H''
the territory of Guam.
Pioneer National
'title Insurance Company
Home Office
433 South Spring Street
j~/- ` / Los Angeles, California 90054
-1, xz
Pioneer National Title Insurance Company
HOME OFFICE
433 South Spring Street
Los Angeles, California 90054
NUMBER 8 B-935483
DATE 8 NOVEMBER 3o
AMOUNT a $138o60040
PREMIUMa 5462o00
1971 AT 6800 AoMo
SCHEDULE A
1o INSURED
CITY OF AUBURNo A MUNICIPAL CORPORATION
WLTA
20 TITLE TO THE ESTATEd LIEN OR INTEREST INSURED BY THIS POLICY IS
VESTED IN
THE NAMED INSURED
3o ESTATEo LIEN OR INTEREST INSURED
FEE SIMPLE ESTATE
4o DESCRIPTION OF THE REAL ESTATE WITH RESPECT TO WHICH THIS POLICE"
IS ISSUED
THAT PORTION OF THE WILLIAM He BRANNAN DONATION CLAIM NOo 37
IN TOWNSHIP 21 NORTHc RANGE 5 EASTo WoMoo IN KING COUNTYo WASHINGTONF
DESCRIBED AS FOLLOWS8
BEGINNING AT A POINT SOUTH 005900010 EAST 157x60 FEET FROM THE
NORTHWEST CORNER OF SAID DONATION CLAIMS THENCE NORTH 8901900010
EAST loll`ioOO FEET TO THE TRUE POINT OF BEGINNINGS THENCE NORTH
89419000" EAST 1083olO FEET TO THE WEST BANK OF GREEN RIVER
/FORMERLY WHITE RIVERO6 THENCE ALONG SAID WEST BANK SOUTH 179240000
WEST 59o5O FEETB THENCE SOUTH 644800001 WEST 242070 FEETB THENCE
SOUTH 1425100" WEST 184050 FEETB THENCE SOUTH 1705310001 EAST
153010 FEETB THENCE SOUTH 6428/0010 EAST 260000 FEET6 THENCE
SOUTH 12425000" EAST 298090 FEET6 THENCE SOUTH 89019,009, WEST
10148o30 FEET MORE OR LESSo TO A POINT FROM WHICH THE TRUE
POINT OF BEGINNING, BEARS NORTH 005910099 WESTB THENCE NORTH
045910000 WEST 1o183o69 FEET MORE OR LESSo TO THE TRUE POINT
OF BEGINNINGo EXCEPT THOSE PORTIONS THEREOF DEEDED TO KING
COUNTY FOR JOHN REDDINGTON COo ROAD BY DEEDS RECORDED UNDER
AUDITOR'S FILE NOS' 2776025 AND 2776026o EXCEPT PORTIONO IF
ANYO LYING WITHIN 26TH STREET NORTHEASTo ALSO KNOWN AS SOUTH
303RD STREETo AND EXCEPT THAT PORTION DESCRIBED AS FOLLOWSS
COMMENCING AT THE NORTHWEST CORNER OF SAID DONATION CLAIM NOo
378 THENCE NORTH 890190 EASTo ALONG THE NORTH LINE THEREOF'
1o117 FEETB THENCE ;SOUTH 04590 EASTO PARALLEL TO THE WEST LINE
THEREOF' 72806 FEET TO THE POINT OF BEGINNINGS THENCE SOUTH
04599 EAST 612o27 FEETB THENCE NORTH 89417114" EAST 505 FEETB
THENCE NORTH 04410 WEST 5530415 FEETB THENCE NORTH 11423123"
WEST 60m00 FEETB THENCE WESTERLY ALONG A CURVE TO THE RIGHT
ORADIUS IS EQUAL TO 538o42 FEETo CENTRAL ANGLE I5 EQUAL TO
100420230100 100c6l.FEETB THENCE SOUTH 894190 WEST 220 FEETB
B-935483 PAGE 1
THENCE WESTERLY ALONG A CURVE TO THE LEFT ORADIUS IS EQUAL
TO 3360345 FEETo CENTRAL ANGLE IS EQUAL TO 130331511"o 79063
FEETe THENCE SOUTH 75045009Q0 WEST 90505 FEET$ THENCE WESTERLY
ALONG A CURVE TO THE RIGHT °RADIUS IS EQUAL TO 336345 FEETo
CENTRAL ANGLE IS EQUAL TO 130331510100 79063 FEET3 THENCE SOUTH
890190 WEST 10000 FEET TO THE POINT OF BEGINNINGo
B-935463 PAGE 2
SCHEDULE B
DEFECTSo LIENSO ENCUMBRANCES AND OTHER MATTERS AGAINST WHICH THE COMPANY
DOES NOT INSURER
GENERAL EXCEPTIONS
ALL MATTERS SET FORTH IN PARAGRAPHS NUMBERED 1 TO 4 INCLUSIVE ON THE COVER
SHEET OF THIS POLICY UNDER THE HEADING SCHEDULE B GENERAL EXCEPTIONS
SPECIAL EXCEPTIONS
is AGREEMENT EXECUTED BY AND BETWEEN THE PARTIES HEREIN NAMED
UPON THE CONDITIONS THEREIN PROVIDED
BETWEEN a CITY OF AUBURNO A MUNICIPAL CORPORATIONO AND
CLARA MAE BRANNANO CLAUDE DALE BRANNANO CADDIE
MAE CORNWELLo LEN Lo BRANNANO AND FRED Lo BRANNAN
DATED R MARCH 240 1969
RECORDED R APRIL 90 1969
AUDITOROS NOoR 6494213
PROVIDING a FOR REZONING AMONG OTHER THINGSo TO THE RECORD
OF WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS
20 AN EASEMEN
STATED HEREINo
FOR e
RECORDED R
AUDITORDS NOes
AFFECTS R
T AFFECTING THE PORTION OF
AND INCIDENTAL PURPOSESo
ELECTRIC TRANSMISSION LINE
JUNE 15o 1926
2199283
AN UNDISCLOSED PORTION OF
SAID PREMISES AND FOR THE PURPOSES
SAID PREMISES
3o AN EASEMENT AFFECTING THE PORTION OF SAID PREMISES AND FOR THE PURPOSES
STATED HEREINo AND INCIDENTAL PURPOSESo
FOR a THE RIGHT TO CONSTRUCT AND MAINTAIN A RIP-RAP
BANK PROTECTION AND REMOVE DEBRIS ALONG THE
LEFT BANK OF GREEN RIVERo ALSO ANY REASONABLE
ACCESS NECESSARY FOR RIVER IMPROVEMENT WORK
IN FAVOR OF R KING COUNTY
RECORDED a NOVEMBER 10o 1960
AUDITORQS NOoa 5222049
AFFECTS a SAID PREMISES
4o AN EASEMENT AFFECTING THE PORTION OF SAID PREMISES AND FOR THE PURPOSES
STATED HEREINo AND INCIDENTAL PURPOSESo
FOR R SEWER OUT-FALL LINE
IN FAVOR OF R THE CITY OF AUBURN
RECORDED a OCTOBER 150 1962
AUDITOR'S NOoa 5492374
AFFECTS a THE NORTH 15 FEET OF SAID PREMISES '
B-935483 PAGE 3
5o AN EASEMENT AFFECTING THE PORTION OF SAID PREMISES AND FOR THE PURPOSES
STATED HEREINo AND INCIDENTAL PURPOSESo
FOR 8 PEDESTRIAN TRAVEL AND SPORTS FISHING
IN FAVOR OF s THE STATE OF WASHINGTONo THE DEPARTMENT OF GAME
RECORDED 8 MARCH 22, 1968
AUDITOR'S NOoe 6320938
AFFECTS a THE EASTERLY 25 FEET OF THAT PORTION OF SAID
PREMISES LYING EAST OF JOHM REDDINGTON ROAD
NOo 2
6o ANY QUESTION THAT MAY ARISE DUE TO SHIFTING OR CHANGE IN THE
COURSE OF THE RIVER OR CREEK HEREIN NAMEDo OR DUE TO SAID
RIVER OR CREEK HAVING CHANGED ITS COURSEo
NAME OF RIVER/CREEKS GREEN RIVERo FORMERLY THE WHITE RIVER
7o POSSIBLE IMPLIED DEDICATION OF RIGHTS OF WAY AS DISCLOSED
BY MAPS OF THE AREA
oooEND OF SCHEDULE Baoo
B-935483 PAGE 4
SCHEDULE B GENERAL EXCEPTIONS
1. Encroachments or questions of location, boundary and area, which an accurate survey may disclose; public
or private easements not disclosed by the public records;'rights or claims of persons in possession, or claiming
to be in possession, not disclosed by the public records; material or labor liens or liens under the Workmen's
Compensation Act not disclosed by the public records; water rights or matters relating thereto; any service,
installation or construction charges for sewer, water or electricity.
2. Exceptions and reservations in United States Patents : right of use, control or regulation by the United States
of America in the exercise of powers over navigation; limitation by law or governmental regulation with re-
spect to subdivision, use, enjoyment or occupancy; defects, liens, encumbrances, or other matters created or
suffered by the insured; rights or claims based upon instruments or upon facts not disclosed by the public
records but of which rights, claims, instruments or facts the insured has knowledge.
3. General taxes not now payable; matters relating to special assessments and special levies, if any, preceding the
same becoming a lien.
4. "Consumer credit protection," "truth-in-lending," or similar law, or the failure to comply with said law or laws.
CONDITIONS AND STIPULATIONS
1. The Company shall have the
right to, and will, at its own expense,
defend the insured with respect to all
demands and legal proceedings founded
upon a claim of title, encumbrance or
clefect which existed or is claimed to
have existed prior to the date hereof and
is not set forth or excepted herein; re-
serving, however, the option at any time
of settling the claim or paying the
amount of this policy in full. In case any
such demand shall be asserted or any
such legal proceedings shall be instituted
the insured shall at once give notice
thereof in writing to the Company at its
home office and, if the insured is a par-
ty to such legal proceedings, secure to
the Company, within ten days after
service of first process upon the in-
sured, the right to defend such legal
proceedings in the name of the insured
so far as necessary to protect the in-
sured, and the insured shall render all
reasonable assistance in such defense. If
such notice shall not be given, or the
right to defend secured, as above pro-
vided, then all liability of the Company
with regard to the subject matter of
such demand or legal proceedings, and
any expense incident thereto, shall ter-
minate; provided, however, that failure
to give such notice shall in no case
prejudice the claim of the insured unless
the Company shall be actually preju-
diced by such failure and then only to
the extent of such prejudice.
2. In the event of final judicial de-
termination by a court of competent
jurisdiction, under which the estate, lien
or interest insured is defeated or im-
paired by reason of any adverse interest,
lien or encumbrance not set forth or ex-
cepted herein, claim may be made as
herein provided. A statement in writing
of any loss or damage, for which it is
claimed the Company is liable, shall be
furnished to the Company at its home
office within sixty days after such loss
or damage shall have been ascertained.
No right of action shall accrue with re-
spect thereto until thirty days after such
statement shall have been furnished and
no recovery shall be had unless an action
shall have been commenced thereon
within one year after the expiration of
said thirty clays. Any rights or defenses
of the Company against a named in-
sured shall be equally available against
any person or corporation who shall be-
come an insured hereunder as successor
of such named insured.
3. The Company may ' any time
pay this policy in full, whereupon all
liability of the Company shall terminate.
Every payment made by the Company,
exclusive of costs incurred by the Com-
pany as an incident to defense or settle-
ment of claims hereunder,. shall reduce
the liability of the Company by the
amount paid. The liability of the Com-
pany shall in no case exceed the actual
loss of the insured and costs which the
Company is obligated to pay. When the
Company shall have paid a claim here-
under it shall be subrogated to all rights
and remedies which the insured may
have against any person or property with
respect to such claim, or would have if
this policy had not been issued, and the
insured shall transfer all such rights to
the Company. If the payment made by
the Company does not cover the loss
of the insured, such subrogation shall be
proportionate. Whenever the Company
shall be obligated to pay a claim under
the terms of this policy by reason of a
defect in the title to a portion of the
area described herein, liability shall be
limited to the proportion of the face
amount of this policy which the value of
the defective portion bears to the value
of the whole at the time of the discovery
of the defect, unless liability is otherwise
specifically segregated herein. If this pol-
icy insures the lien of a mortgage, and
claim is made hereunder, the Companv
may pay the entire indebtedness and
thereupon the insured shall assign to the
Company the mortgage and the indebt-
edness secured thereby, with all instru-
ments evidencing or securing the same,
and shall convey to the Company any
property acquired in full or partial sat-
isfaction of the indebtedness, and all
liability of the Company shall thereupon
terminate. If a policy insuring the lien
of a mortgage is issued simultaneously
with this policy and for simultaneous issue
premium as provided in rate schedule,
any payment by the Company on said
mortgage policy with respect to the real
estate described in Schedule A hereof
shall reduce pro tanto the liability under
this policy. All actions or proceedings
against the Company must be based on
the provisions of this policy. Any other
action or actions or rights of action that
the insured may have or may bring
against the Company with respect to
services rendered in connection with the
issuance of this policy, are merged here-
in and sliall be enforceable only under
the terms, conditions and limitations of
this policy.
4. The following terms when used
in this policy mean: (a) "named in-
sured": the persons and corporations
named as insured in Schedule A of this
policy: (b) "the insured": such named
insured together with (1) each succes-
sor in ownership of any indebtedness se-
cured by any mortgage shown in Item 3
of Schedule A, (2) any owner or succes-
sor in ownership of any such indebted-
ness who acquires title to the real estate
described in Item 4 of Schedule A, or
any part thereof, by lawful means in
satisfaction of said indebtedness or any
part thereof, (3) any governmental agen-
cy or instrumentality which insures or
guarantees said indebtedness or any part
thereof, and (4) any person or corpor-
ation deriving an estate of interest in said
real estate as an heir or devisee of a
named insured or by reason of the -dis-
solution, merger, or consolidation of a
corporate named insured; (c) "date here-
of": the exact day, hour and minute spec-
ified in Schedule A; (d) "public rec-
ords": records which, under the record-
ing law, impart constructive notice with
respect to said real estate; (e) home of-
fice: the office of the Company at the
address shown hereon; ( f ) "mortgage":
mortgage, deed of trust, trust deed, or
other security instrument described in
Schedule A.
All notices required to be given the Company and any statement. in writing required to be ,furnished the
Company stall include the number of this policy and shall be addressed to it at the office which issued this
policy or to its Home Office, Claims Department, 433 South Spring Street, Los Angeles, California 90054.
TO 1483 PNTI (7-69) WA.
TK(U~
POLICY OF TITLE INSURANCE
ISSUED BY
ioneer
-P' NationalTitle Hnsurance Company
a California corporation, herein called the Company, for a valuable consideration, and subject
to the conditions and stipulations of'this policy, does hereby insure the person or persons named
_ in item 1 of Schedule A, together with the persons and corporations included in the definition
of "the insured" as set forth in the conditions and stipulations, against loss or damage sustained
by reason of:
1. Title to the estate, lien or interest defined in items 3 and 4 of Schedule A being vested, at the
date hereof, otherwise than as stated in items 2 of Schedule A; or
2. Any defect in, or lien or encumbrance on, said title existing at the date hereof, not shown in Sched-
ule B; or
3. Any defect in the execution of any instrument shown in item 3 of Schedule A, or priority, at the
date hereof, over any such instrument, of any lien or encumbrance not shown in Schedule B;
provided, however, the Company shall not b liable for any loss, damage or expense resulting
from the refusal of any person to enter into, or' perform, any contract respecting the estate, lien
or interest insured.
The total liability is limited to the amount shown in Schedule A, exclusive of costs incurred by
the Company as an incident to defense or settlement of claims hereunder.
This policy shall not be valid or binding until countersigned below by a validating officer of the
Company.
Countersigned:
By.
J l 0
Validating Signatory
WASHINGTON LAND TITLE ASSOCIATION STANDARD FORM
SECRETARY
lv
In Witness Whereof, Pioneer National Title Insurance Company has
caused its corporate name and seal to be hereunto affixed by its duly
authorized officers as of the date shown in Schedule A, the effective date
of this policy.
u~
Pionee'r' N#ional Title Insurance Company
s by
PRESIDENT
Attert : '