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HomeMy WebLinkAbout7707151045 STATUTORY WARRANTY DEED 071577SECUPITV TITLE p, SECURITY TITLE INSURANCE COMPANY OF WASHINGTON 1109 SECOND AVENUE S EAT 1'LE. WAS16NCTDN 913101 MAIN 7 •On 7o C~ C3 Filed for Record at Request of I ATTEN: Engineering Dept. U1 NAME City of Auburn C=) T-4 LfN ADDRESS 425 East Main Street. P.O. Box 989 r-- O CITY AND STATE N 0. .7: a C:) Auburn. WA 98002 STATUTORY WARRANTY DEED THIS SPACE RESERVED FOR RECORDER'S USE Im r h Z U w tCr cr ~ v cr) ac 0 w c1 '-y w r-- r; THE GRANTOR Lyle R. Schneider & Louise M. Schneider and Howard O. Burke & Delpha L. Burke y, for and inconsideration of Five Hundred and Seventy Seven and no/100 Dollars ($577.00) in hand paid, conveys and warrants to the City of Auburn as Grantee, the following described real estate, situated in the County of State of Washington: FOR STREET PURPOSES That por of the N 44 feet of Lot #1, B1k #2, of Supplemental Plat of Ballard's Park Add to Slaughter, as rec in Vol 8 of Plats, Pg 85, rec of King County, WA except the W 45 feet thereof, sit in the City of Auburn, County of King, State of Washington, desc as fol: Beg at the NE cor of the above desc lot #1; th W1y alg the N boundary of sd Lot #1, 11.34 ft to the P.C. of a curve having a radius of 8.00 ft; th SEly alg sd curve, concave to the SW, 15.30 ft. to the SWly bdry of sd lot #1 and the pt of sd curves, th NE1y alg sd SWly bdry, 11.34 ft to the P.O.B. Containing 29.50 S.F. '7'A~NO-'Y'~F2EZ~U1REb ~q Co, Records Division Deputy. aced this STAT OF WASI-IINGTON ~/ss. Countv of l"~/~~ SEAL) SEAL) On this day of VAJ6-- - - 5 7 before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Z Y4< ,Q_ Ni✓c~0E2 Lca cJ~s~~'' SC.~n/E~pr`2 - _ _r to me known to be the individual described in and who executed the foregoing instrument, ar`d ick'nbaal'edged;tt'`m'e that They signed and sealed this said instrumeni`as. ;r/,. j;e_ - - - free and voluntary act and deed for` t4el uses and purposes therein mentioned GIVEN under my hand and official seal thr. ~f :7rUiv'e Y -5 Nota y Pub {c in for t e State o asbington, ,.A .r "i g;a4 t- TL»1 3/67 1111'. r 4 RKvM card return to¢ City nt Allhufn ZO "R' Sf1FFr N W. Auburn, Waslangton 98M WASHINGTON 1-AND TITLE ASSOCIATION AND ALASKA STANDARD FORM r Policy of Title Insurance Issued by Transamerica Title Insurance Company. FORM NO. W&AK-4000 hereinafter called the Company, a California corporation, for 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 in. cluded 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 item 2 of Schedule A; or 2. Any defect in, or lien or encumbrance on, said title existing at the date here- of, not shown in Schedule 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 encum- brance not shown in Schedule B; provided, however, the Company shall not be liable for any loss, damage or expense re- sulting 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. In witness whereof, THE COMPANY has caused this policy to be authenticated by the facsimile signature of its President, and its Secretary. Transamerica Title Insurance Company By ~ . President BY Secretary Transamerica Title Insurance Company HOME OFFICE 600 Montgomery Street San Francisco, California 94111 (415) 983-4400 • Arizona Operations 114 West Adams Street Phoenix, Arizona 85003 (602) 262-0511 Northern California Operations 6850 Regional Street Dublin, California 94566 (415) 829-3800 Southern California Operations Third and La Cienega Los Angeles, California 90048 (213) 655-3000 Colorado Operations 1837 California Street Denver, Colorado 80202 (303) 534-9066 Michigan Operations 20830 Rutland Drive Southfield, Michigan 48075 (313) 358-4100 Nevada Operations 437 South Sierra Street Reno, Nevada 89501 (702) 786-1871 • Oregon Operations 409 S.W. Ninth Avenue Portland, Oregon 97205 (503) 222-9931 • Texas Operations 3820 Buffalo Speedway Houston, Texas 77098 (713) 622-2611 Utah Operations 3080 South State Street Salt Lake City, Utah 84115 (801) 486-5781 Washington-Alaska Operations Park Place Sixth Avenue at University Street Seattle, Washington 98101 (206) 628-4650 Policy of Title Insurance Issued by Transamerica Title Insurance Company Transamerica Title Insurance Services Transamerica Title Insurance Company SERVING THE FOLLOWING COUNTIES AND RECORDING DISTRICTS WASHINGTON BENTON LEWIS CHELAN MASON CLALLAM OKANOGAN CLARK PACIFIC COWLITZ PIERCE DOUGLAS SKAGIT FERRY SNOHOMISH FRANKLIN SPOKANE GRANT THURSTON ISLAND WAHKIAKUM JEFFERSON WHATCOM KING WHITMAN KITSAP YAKIMA ALASKA ANCHORAGE KODIAK CAPE NOME NENANA CORDOVA PALMER FAIRBANKS PETERSBURG HAINES SELDOVIA HOMER SEWARD HYDER SITKA JUNEAU SKAGWAY KENAI VALDEZ KETCHIKAN WRANGELL 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 defect which existed or is claimed to have existed prior to the date hereof and is not set forth or excepted herein; reserving, 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 in- sured shall at once give notice thereof in writing to the Company at its state office, Park Place, Sixth Avenue at University Street, Seattle, Washington 98101 and, if the insured is a party to such legal proceedings, secure to the Company, within ten days after service of first process upon the insured, the right to defend such legal proceedings in the name of the insured so far as necessary to protect the insured, 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 provided, then all liability of the Company with regard to the subject matter of such demand or legal pro- ceedings, and any expense incident thereto, shall terminate; provided, however, that failure to give such notice shall in no case prejudice the claim of the insured unless the Company shall be actually prejudiced by such failure and then only to the extent of such prejudice. 2. In the event of final judicial determination by a court of competent jurisdiction, under which the estate, lien or interest in- sured is defeated or impaired by reason of any adverse interest, lien or encumbrance not set forth or excepted 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 state office within sixty days after such loss or damage shall have been ascertained. No right of action shall accrue with respect 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 days. Any rights or defenses of the Company against a named insured shall be equally available against any person or corporation who shall become an insured hereunder as successor of such named insured. 3. The Company may at any time pay this policy in full, whereupon all liability of the Company shall terminate. Every pay- ment made by the Company, exclusive of costs incurred by the Company as an incident to defense or settlement of claims hereunder, shall reduce the liability of the Company by the amount paid. The liability of the Company 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 specifi- cally segregated herein. If this policy insures the lien of a mortgage, and claim is made hereunder, the Company may pay the entire indebtedness and thereupon the insured shall assign to the Company the mortgage and the indebtedness secured thereby, with all instruments evidencing or securing the same, and shall convey to the Company any property acquired in full or partial. satisfaction 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 serv- ices rendered in connection with the issuance of this policy, are merged herein and shall be enforceable only under the terms, condi- tions and limitations of this policy. 4. The following terms when used in this policy mean: (a) "named insured": the persons and corporations named as insured in Schedule A of this policy; (b) -the insured": such named insured together tivith (1) each successor in ownership of any in- debtedness secured by any mortgage shown in Item 3 of Schedule A, (2) any owner or successor in ownership of any such indebt- edness 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 agency or instrumentality which insures or guarantees said indebtedness or any part thereof, and (4) any person or corporation deriving an estate or interest in said real estate as an heir or devisee of a named insured or by reason of the dissolution, merger, or consolidation of a corporate named insured; (c) "date hereof": the exact day, hour and minute specified in Schedule A; (d) "public records": records which, under the recording laws, impart constructive notice with respect to said real estate; (e) "state office": the office of the Company at the address shown herein; (f) "mortgage": mortgage, deed of trust, trust deed, or other security instrument described in Schedule A. ALASKA AND WLTA POLICY ' Form No. W&AK 4000-1 (1 PT) SCHEDULE A No. 473177 Date July 18, 1977 at 8:30 A.-M. 1. Insured THE CITY OF AUBURN. Amount $ 577.00 Premium $ 27.50 2. Title to the estate, lien or interest insured by this policy is vested in The Named Insured. 3. Estate, lien or interest insured Fee simple estate.. 4. Description of the real estate with respect to which this policy is issued The North 44 feet of Lot 1 in Block 2 of Supplemental Plat of Ballard': Park Addition to Slaughter, as per plat recorded in Volume 8 of Plats, on page 85, records of Ding County; EXCEPT the-West 45 feet-thereof; ;sit in the City of Auburn, County of King,.State of Washington. desc as follows: Beg at the NE cor of the Above desc Lot #1, th Wly alg the N boundary of sd Lot #1, 11.34 feet to the P.C. of.a curve having a radius of.8.00 feet; th SEly alg sd curve, concave to the SW 15.30 feet to the SWly bdry of sd Lot #1 and the pt of sd curves,. as NEly alg sd SWl9 bdry, 11.34 feet to the P.O. B. WLTA WASHINGTON POLICY FormNo. W 4000.2 (1PT) SCFIEDULE B Defects, liens, encumbrances and other matters against which the company does not insure: Special exceptions 1• CONTRACT OF SALE, AND THE TERMS & CONDITIONS THEREOF: Seller: Lyle R. Schneider and Louise M. Schneider,.his wife; Purchaser: Howard 0. Burke and Delpha L. Burke, his wife; Dated: June 8, 1965 Recorded: July 21, 1967 Auditor's File No: 6207154 E # 672180 Said contract covers.this and other nronerty. GENERAL EXCEPTIONS 1. Encroachments or questions of location, boundary and area, which an accurate survey may disclose; public or private easements, streets, roads, alleys or highways, unless disclosed of record by recorded Plat or conveyance, or decree of a Court of record; 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, electricity, or garbage-removal. 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 respect to subdivision, use enjoyment or occupancy; any prohibition or limitation on the use, occupancy or improvement of the land resulting from the rights of the public or riparian owners to use any waters which may cover the land; 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 be- coming a lien. 4, "Consumer credit protection," "truth •in-lending," or similar law, or the failure to comply with-said law or laws. (End of Schedule B) OWNER'S INFLATION PROTECTION INDORSEMENT Attached to Policy No. Issued By Tpansamepica Title Insupance Company The Company, recognizing the current effect of inflation on real property valuation and intending to provide additional monetary protection to the Insured Owner named in the Policy to which this Indorsement is attached, hereby modifies said Policy, as follows: 1. Notwithstanding anything contained in said Policy to the contrary, the amount of insurance provided by said Policy, as stated in Schedule A thereof, is subject to cumulative annual upward adjustments in the manner and to the extent hereinafter specified. 2. "Adjustment Date" is defined, for the purpose of this Indorsement, to be 12:01 a.m. on the first January 1 which occurs more than six months after the Date of Policy, as shown in Schedule A of the Policy to which this Indorsement is attached, and on each succeeding January 1. An upward adjustment will be made on each of the Adjustment Dates, as defined above, by increasing the me mi^+ amount of insurance provided by said Policy (as said amount may have been increased theretoforeunder the terms of this Indorsement) by the same percentage, if any, by which the United States Depart- ment of Commerce Composite Construction Cost Index (base period 1967) for the month of September immedi- ately preceding exceeds such Index for the month of September one year earlier; provided, however, that the maximum amount of insurance in force shall never exceed 150% of the amount of insurance stated in Schedule A of said Policy, less the amount of any claim paid under said Policy which, under the terms of the Conditions and Stipulations, reduces the amount of insurance in force. There shall be no annual adjustment in the amount of insurance for years in which there is no increase in said Contruction Cost Index. 4. In the settlement of any claim against the Company under said Policy, the amount of insurance in force shall be deemed to be the amount which is in force as of the date on which the insured claimant first learned of the assertion or possible assertion of such claim, or as of the date of receipt by the Com- pany of the first notice of such claim, whichever shall first occur. PROVIDED, HOWEVER, this indorsement shall be effective only if one of the following conditions exists at Date of Policy: a. The land described in this Policy is a parcel on which there is only a one-to-four family residential structure, including all improvements on the land related to residential use, in which the Insured Owner resides or intends to reside; or b. The lard consists of a residential condominium unit, together with the common elements appurtenant thereto and related to residential use thereof, in which the Insured Owner resides or intends to reside. Nothing herein contained, shall be construed as extending or changing the effective date of said Policy. This Indorsement is made a part of said policy and is subject to the schedules, conditions and stipulations therein, except as modified by the provisions hereof. Tpansamepica Title Insurance Company 040' S01% By (_CA 0 Ar y President 'v VA M A Y 2 3, 1q~4 / rNIA _I1 F 0 RN A.-► NOTE: In connection with any renewal policy subsequently issued on said land, the renewal rate (if applicable at all) will be allowed based only upon the original face amount of insurance as stated in Schedule A of said Policy. T/A Indorsement Form No. W&AK T/A-1 (Effective U-4-74 Washington) (Effective 4-17-75 Alaska) HOMEOWNER'S ADDITIONAL PROTECTION INDORSEMENT Attached to Policy No. Issued By Transamerica Title Insurance Company This Indorsement shall be effective only if at Date of policy there is located on the land described in said Policy one-to-four family residential structure, in which the Insured Owner resides or intends to reside. For the purpose of this Indorsement the term "residential structure" is defined as including the principal dwell- ing structure located on said land and all impr?vements thereon related to residential use of the property, except plantings of any nature and except perimeter fences and perimeter walls. The Company hereby insures the Insured Owner of the estate or interest described in Schedule A against loss which the Insured Owner shall sustain by reason of: a. the existence at Date of Policy of any of the following matters: (1) lack of a right of access from said land to a public street; (2) any taxes or assessments (excluding utility connection and service charges) levied by a public authority against the estate or interest insured which constitute liens thereon and are not shown as exceptions in Schedule B of said Policy; (3) any unrecorded statutory liens for labor or material attaching to said estate or interest arising out of any work of improvement on said land in progress or completed at Date of Policy, except a work of improvement for which said Insured Owner has agreed to be responsible; b. the enforced removal of said residential structure or interference with the use thereof for ordinary residential purposes based upon the existence at Date of Policy of: (1) any encroachment of said residential structure or any part thereof onto adjoining lands, or onto any easement shown as an exception in Schedule B of said Policy, or onto any unrecorded subsurface easement; (2) any violation of any enforceable covenants, conditions or restrictions affecting said land and shown in Schedule B; (3) any violation of applicable zoning ordinances, but this Indorsement does not insure compliance with, nor is it in any way concerned with, building codes or other exercise of governmental police power; c. damage to said residential structure resulting from the exercise of any right to use the surface of said land for the extraction or development of minerals, if minerals are excepted from the description of said land or shown as an exception or reservation in Schedule B. The total liability of the Company under said Policy and all indorsements attached thereto shall not exceed, in the aggregate, the amount of said Policy and costs which the Company is obligated under the conditions and stipulations thereof to pay; and nothing contained herein shall be construed as extending or changing the effective date of said Policy. This indorsement is made a part of said Policy and is subject to the schedules, conditions and stipulations therein, except as modified by the provisions hereof. Transamerica Title Insurance Company I I N Sil~,h11 A(.QRP0 By AT c~ Preeideot o~ Ma 23, 19'1) . t. T/A Indorsement Form No. W T/ A-2 Cy t! F 0 MO A-AF (Effective 5-15-76) ( Pn•vinuc Ford, No. Et0 SI') • Drawn by Checked Date Plat Vol._fPG. C Order No.4 SKETCH OF PROPERTY SE OUT IN ATTACHED ORDER To assist in locating the premises. It i not based on a survey, and the company assumes no liability for variations if any, in dimensions and location. rip vo " ~ I- Ini y II o k 4 4 7M N (tic Q 1 0 SS 9a I©p S6, ao Eoa `_a~.c.~:, Q • 1'59.8 136.5 oTHIRD .5 T N E 1 30 lejp 45 1 49,+ IC o Z I I 0 I 1 4r_ W RA z r~ y 6e s IL5 ,s i13~5_,r I LA C, M„ 00 a n 23 1'7 67,z3 7 0 tV a 10 0' A I 8 gas ~S . N 3 L~ 3e - O S'a 31.67 . r n 7 _ 16 150 ; ._j 21 29 ~V) oll AS-3YJf` 0 l2 4S 'o I a N q m a N ~ ry T1 a 40 aN °a p i 3 . 7 8 9 f .~th as~ q So Sa ~;N o trig < ~Th_ 4 rC~ St r~E _ 4z38/ zBB"") Note-This map does not purport to show all highways, roads or easements affecting the property.