HomeMy WebLinkAboutTitle InsuranceLand Title Association
Ref: 1018 & 1022 AUBURN WAY SOUTH, AUBURN, WA
Policy No: 1307508
OWNER'S POLICY OFTITLE INSURANCE
Issued by
Chicago Title Insurance Company
Owner's Policy
Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy
must be given to the Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED
IN SCHEDULE B, AND THE CONDITIONS, CHICAGO TITLE INSURANCE COMPANY, a Nebraska corporation
(the Company) insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy,
against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of:
1. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against
loss from
(a) A defect in the Title caused by
(i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or
delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law;
(v) a document executed under a falsified, expired, or otherwise invalid power of attorney;
(vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those
acts by electronic means authorized by law; or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but
unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be
disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes
encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the
Land of existing improvements located on adjoining land.
3. Unmarketable Title.
4. No right of access to and from the Land.
5. The violation or enforcement of nay law, ordinance, permit, or governmental regulation (including those relating to
building and zoning) restricting, regulating, prohibiting, or relating to
(a) the occupancy, use, or enjoyment of the land;
(b) the character, dimensions, or location of any improvement erected on the land;
ALTA Owner's Policy (6/17/O6)
Land Title Association Owner's Policy
Ref: 1018 & 1022 AUBURN WAY SOUTH AUBURN, WA
Policy No: 1307508
(c) the subdivision of land; or
(d) environmental protection
.if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention
to enforce, but only to the extent of the violation or enforcement referred to in that notice.
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a
notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the
extent of the enforcement referred to in that notice.
7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded
in the Public Records,
8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaserifor value without
Knowledge.
9. Title being vested other than as stated Schedule A or being defective
(a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a
transfer of all or any part of the title to or any interest in the land occurring prior to the transaction vesting
Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under
federal bankruptcy, state insolvency, or similar creditors' rights laws; or
(b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer
under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its
recording in the Public Records
(i) to be timely, or
(ii) to impart notice of its existence to a purchaser for value or to a judgment or Gen creditor.
10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has
been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior
to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in
Schedule A.
The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by
this Policy, but only to the extent provided in the Conditions.
IN WITNESS WHEREOF, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and
sealed by its duly authorized officers.
CHICAGO TITLE INSURANCE COMPANY
Bp.
ymond R. Duir
President
Countersigned • BP•
Authorize Signatory Secretary
ALTA Owner's Policy (6/17/06)
,l
Land Title Association
Ref: 1018 & 1022 AUBURN WAY SOUTH, AUBURN, WA Policy No: 1307508
EXCLUSIONS FROM COVERAGE
Owner's Policy
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or.
expenses that arise byreason of:
I. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or
relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions or location of anyimprovement erected on the land;
(III) the subdivision of land; car
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage
provided under Covered Risk 5.
(b) Anygovemmental police power. This Exclusion does not modify or limit the coverage provided under Covered Risk 6,
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters:
(a) created, suffered,assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in
writing to the Companyby the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10);
or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4. Any claim, byreason of the operation of federal bankruptcy, state insolvency, or similar crediton'rights laws, that the transaction vesting the Title as
shown In Schedule A, is
(a) a fraudulent conveyance or fraudulent transferor
(b) a preferential transfer for anyreason not stated in Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the
date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A
1. DBPINITION OPTERMS
The following ternu when used in this polity
mean:
(a) 'Amount of Insurance': The amount
stated in Schedule A, as may be
increased ordecreased byendorsement
to this policy, increased by Section
8(b), or decreased by Sections 10 and
11 of these Conditions.
(b) 'Date of Policy": The date designated
as •Date of Policy' in Schedule A.
(c) 'Entity': A corporation, partnership,
trust, limited liability company, or
other similar legal entity.
(d) 'Insured': The Insured named in
ScheduleA
(i) The term Insured' also includes
(A) successors to the Title of the
Insured by operation of law
as distinguished from
purchase, including heirs,
devisees, survivors, personal
representatives, or next of
kin;
(B) successors to an Insured by
dissolution, merger, con-
solidation, distribution, or
reorganization;
(C) successors to an Insured by
its conversion to another
kind of Entity,
(D) a grantco of an Insured
under a deed delivered
without payment of actual
valuable consideration
conveying the Title
(1) if the stock, shares,
memberships, or other
equity interests of the
grantee are wholly.
owned by the named
Insured,
(2) if the grantee wholly
owns the named
Insured,
CONDITIONS
(3) if the grantee is
wholly -owned. by an
affiliated Entity of the
named Insured, pro-
vided the affiliated
Entity and the named
Insured are both
wholly -owned by the
same person or Entity,
or
(4) if the grantee is a
trustee or beneficiary
of a trust created by a
written instrument
established by the
Insured named . in
Schedule A for estate
planningpurposes.
(ii) With regard to (A), (B), (C), and
(D) reserving, however, all rights
and defenses as to any successor
that the Companywould have had
against anypredecessor Insured
(e) 'Insured Claimant': An Insured
claming loss or damage.
(f) 'Knowledge' or °Known': Actual
knowledge, not constructive knowledge
or notice that may be imputed to an
Insured by reason of the Public
Records or any other records that
impart constructive notice of matters
affecting the Title.
(g) 'lands: 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, orwaterways, but lids does
not modify or limit the extent that a
right of access to and from the ]and is
insured by this policy.
(h) •Mortgage•: hortgage, deed of trust,
trust deed, or other security
instrument, including one evidenced by
electronic means authorized bylaw.
(i) 'Public Records•: Records established
under state statutes at Date of Policy
for the purpose of imparting
constructive notice of matters relating
to real property to purchasers for value
and without Knowledge. With respect
to Covered Risk 5(d), •Public Records•
shall also include environmental
protection liens filed in the records of
the clerk of the United States District
Court for the district where the Land is
located.
(j) Title°: The estate or interest
described in Schedule A
(k) 'Unmarketable Title•: Title affected by
an alleged or apparent matter that
Would permit a prospective purchaser
or lessee of the Title or lender on the
Title to be released from the obligation
to purchase, lease, or lend if there is a
contractual condition requiring the
delivery of marketable title.
CONTINUATION OP IIJSURANCE
The coverage of this polity shall continue in
force as of Dale of Policy in favor of an
Insured, but only so long as the Insured
retains an estate or interest in the Land, or
holds an obligation secured by a purchase
money Mortgage given by a purchaser from
the Insured, or only so long as the Insured
shalt have liability by reason of warranties in
any transfer or conveyance of the Title. This
policy shall not continue in force in favor of
any purchaser from the Insured of either (i)
an estate or interest in the Land, or (II) an
obligation secured by a purchase money
Mortgage given to the Insured.
ALTA Owner's Policy (All A)
3.
4.
5.
if4F:�'rA
NOTICB OF C[AIM TO BE GIVEN BY
INSURED CLAMANT
The Insured shall notify the Company
promptly in writing (I) in case of any
litigation as set forth in Section 5(a) of these
Conditions, (it) in case Knowledge shall
come to an Insured hereunder of any claim 6.
of title or interest that is adverse to the
Title, as insured, and that might cause loss
or damage for which the Company may be
liable by virtue of this policy, or �t) if the
Title, as insured, is rejected as
Unmarketable ratio. if the Company is
prejudiced by the failure of the Insured
Claimant to provide prompt notice, the
Company's liability to the Insured Claimant
under the policy shall be reduced to the
extent of the prejudice.
PROOF OF LOSS
In, the event the Company is unable to
detemmine the amount of lass or damage,
the Company may, at its option, require as a
condition of payment that the Insured
Claimant furnish a signed proof of loss. The
Proof of loss must describe the defect, lien,
encumbrance, or other matter insured
against by this policy that constitutes the
basis of loss or damage and shall state, to
the extent possible, the basis of calculating
the amount of the loss or damage.
DEFENSE AND PROSECUTION OF
ACTIONS
(a) Upon written request by the Insured,
and subject to the options contained in
Section 7 of these Conditions, the
Company, at its own cost and without
unreasonable delay, shall provide for
the defense of an Insured in litigation
in which any third party asserts a claim
covered by this policy adverse to the
Insured. This obligation is limited to
only those stated causes of action
alleging matters insured against by this
policy. The Company shall have the
right to select counsel of its choice
(subject to the right of the Insured to
object for reasonable cause) to
represent the Insured as to those
stated causes of action. It shall not be
Gable 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 that allege
matters not insured against by this
policy.
(b) The Company shall have the right, in
addition to the options contained in
Section 7 of these Conditions, at its
own cost, to institute and prosecute
any action or proceeding or to do any
other act that in its opinion may be
necessary or desirable to establish the
'title, as insured, or to prevent or
reduce loss or damage to the Insured.
The Company may take any
appropriate action under the terns of
this policy, whether or not it shall be
liable to the Insured. The exercise of
these rights shall not be an admission
of liabilityorwaiver of anyprovision of
this policy. If the Company exercises
its rights under this subsection, it must
do so diligently.
(c) Whenever the Company brings an
action or asserts a defense as required
or permitted by this policy, the
Company may pursue the litigation to
a final determination by a court of
compelentjurisdiction, and it expressly
reserves the right, in its sole discretion,
to appeal from any adverse judgment
or order.
DUTY OF INSURED CIAMANt' TO
COOPERATE
(a) In all cases where this policypermits or
requires the Company to prosecute or
provide for the defense of any action
or proceeding and any appeals, the
Insured shall secure to the Company
the right to so prosecute or provide
defense in the action or proceeding,
including the right to use, at its option,
the name of the Insured for this
purpose. Whenever requested by the
Company, the Insured, at the
Company's expense, shall give the
Company all reasonable aid p) in
securing evidence, obtaining witnesses,
prosecuting or defending the action or
proceeding, or effecting settlement,
and (ii) in any other lawful act that in
the opinion of the Company may be
necessary or desirable to establish the
Title or any other matter as insured. If
the Company is prejudiced by the
failure of the Insured to furnish the
required cooperation, the Company's
obligations to.the Insured under the
policy shall terminate, including any
liability or obligation to defend,
prosecute, or continue any litigation,
with regard to the matter or matters
requiring such cooperation.
(b) The Company may reasonably require
the Insured Claimant to submit to
examination under oath by any
authorized representative of the
Company and to produce for
examination, inspection, and copying,
at such reasonable times and places as
may be designated by the authorized
representative of the Company, all
records, in whatever medium
maintained, including books, ledgers,
checks, memoranda, correspondence,
reports, se mails, disks, tapes, and
videos whether bearing a date before
or after Date of Policy, that reasonably
pertain to the loss or damage. Further;
if requested by any authorizefr
representative of the Company, the
Insured Claimant shall grant its
permission, in writing, for any
authorized representative of the
Company to examine, inspect, and
copy all of these records in the custody
or control of a third party that
reasonably pertain to the loss or
damage. All information designated as
confidential by the Insured Claimant
provided to the Companypursuant to
this Section shall not be disclosed to
others unless, in the reasonable
judgment of the Company, it is
necessary in the administration of the
claim. Failure of the Insured Claimant
to submit for examination under oath,
produce any reasonably requested
information, or grant permission to
secure reasonably necessary
information from third parties as
required in this subsection, unless
prohibited by law or governmental
Policy No: Mtjv8
regulation, shall terminate any liability
of the Company under this policy as to
that claim
7. OPTIONS TO PAY OR OTHERWISE
SETTLE CLAIMS; TERMINATION OF
LIABILITY cas In e of a claim under this policy, the
Companyshall have the following additional
options:
(a) To Pay or Tender Payment of the
Amount of Insurance.
To pay or tender payment of the
Amount of Insurance under this policy
together with any costs, attorneys' fees,
and expenses incurred by the Insured
Claimant that were authorized by the
Company up to the time of payment or
tender of payment and that the
Company is obligated to pay.
Upon the exercise by the Company of
this option, all liability and obligations
of the Company to the Insured under
this policy, other than to make the
payment required in this subsection,
shall terminate, including any liability
or obligation to defend, prosecute, or
continue snylitigation.
(b) To Pay or Otherwise Settle With
Parties Other Than the Insured or
With the Insured Claimant.
(I) To pay or otherwise settle with
other parties for or in the name
of an Insured Claimant any claim
insured against under this policy.
In addition, the Companywill pay
any costs, attorneys' fees, and
expenses incurred by the Insured
Claimant that were authorized by
the Company up to the time of
payment and that the Company is
obligated to pay; or
(H) To pay or otherwise settle with
the Insured Claimant the loss or
damage provided for under this
policy, together with any. costs,
attorneys' fees, and expenses
incurred by the Insured Claimant
that were authorized by the
Company up to the time of
payment and that the Company is
obligated to pay.
Upon the exercise by the Company of
either of the options provided for in
subsections (b)(t) or (H), the
Company's obligations to the Insured
under this policy for the claimed loss
or damage, other than the payments
required to be made, shall terminate,
including any liability or obligation to
defend, prosecute, or continue any
litigation.
I. DETHRMINATLON AND BXTENP OF "
LIABILITY
This policy is a contract of indemnity against
actual monetary loss or damage sustained or
incurred by the Insured Claimant who has
suffered loss or damage by reason of
matters insured against bythis policy.
(a) The extent of liability of the Company
for loss or damage under this policy
shall not exceed the lesser of
(t) the Amount of Insurance; or
(ii) the difference between the value
of the Title as insured and the
value of the Title subject to the
risk insured against by this policy.
ALTA Owner's Policy (6/17/06)
fL71
Il.
12.
Land Title Association
Ref: 1018 & 1022AUBURN WAY SOUTH, AUBURN, vA
(b) I the Company pursues its rights
under Section 5 of these Conditions
and is unsuccessful in establishing the
Title, as insured,
(i) the Amount of Insurance shall be
increased by 109o, and
(ii) the Insured Claimant shall have
the right to have the loss or
damage determined either as of
the,dpte the claim was made by
the Insured Claimant or as of the
,date it is settled and paid.
(c) In addition to the extent of liability
under (a) and (b), the Company will
also pay those costs, attorneys' fees,
and expenses incurred in accordance
with Sections 5 and 7 of these
Conditions.
LIMITATION OF LIABILITY
(a) I the Company establishes the Title,
or removes the alleged defect, lien or
encumbrance, or cares the lack of a
right of access to or from the Land, or
cures the claim of Unmarketable Title,
all as insured, In a reasonably diligent
manner by any method, including
litigation and the completion of any
appeals, it shall have fully performed
its obligations with respect to that
matter and shall not be liable for any
loss or damage caused to the Insured.
(b) In the event of any litigation, including
litigation by the Company or with the
Company's consent, the Companyshall
have no liability for loss or damage
until then has been a final
determination by a court of competent
jurisdiction, and disposition of all
appeals, adverse to the Title, as
insured.
(c) The Company shall not be liable for
loss or damage to the Insured for
liability, voluntarily assumed by the
Insured in settling any claim or suit
without the prior written consent of
the Company.
REDUCTION OF INSURANCE;
REDUCTION OR TERMINATION OF
LIABILITY
All payments under this policy, except
payments made for costs, attorneys' fees,
and expenses, shall reduce the Amount of
Insurance by the amount of the payment.
LIABILITYNONCUMULA TfVE
The Amount of Insurance shall be reduced
by any amount the Company pays under any
policy insuring a Mortgage to. which
exception is taken in Schedule B or to which
the Insured has agreed, assumed, or taken
subject, or which is executed by an Insured
after Date of Policy and which is a charge or
lien on the Title, and the amount so paid
shall be deemed a payment to the Insured
under this policy.
PAYMENT OF LOSS
When liability and the extent of loss or
damage have been definitely fixed in
accordance with these Conditions, the
payment shall be made within 30 days.
SETTLEMENT13. RIGHTS OF RECOVERY UPON
PAYMENT OR SETTLEMENT
(a) Whenever the Company shall have
settled and paid a claim under this
policy, it shall be subrogated and
entitled to the rights of the Insured
Claimant in the Title and all other
rights and remedies in respect to the
claim that the Insured Claimant has
against any person or Property, to the
extent of the amount of any loss, costs,
attorneys' fees, and expenses paid by
the Company. If requested by the
Company, the Insured Claimant shall
execute documents to evidence the
transfer to the Company of these
rights and remedies. The Insured
Claimant shall permit the Company to
sue, compromise, or settle in the name
of the Insured Claimant and to use the
name of the Insured Claimant in any
transaction or litigation involving these
rights and remedies.
If a payment on account of a claim
does not fully cover the loss of the
Insured Claimant, the Company shall
defer the exercise of its right to recover
until after the Insured Claimant shall
have recovered its less.
(b) The Company's right of subrogation
includes the rights of the Insured to
Indemnities, guaranties, other policies
Of insurance, or bonds,
notwithstanding any terms or
.conditions contained in those
' instruments that address subrogation
.. rights
14. ARBITRATION
Tither the Company or the Insured may
demand that the claim or controversy shall
be submitted to arbitration pursuant to the
Title Insurance Arbitration Rules of the
American Land Title Association (•Rules').
Except as provided in the Rules, then shall
be no joinder or consolidation with claims
or controversies of other persons.
Arbitrable matters may include, but are not
limited to, any controversy or claim between
the Company and the Insured arising out of
or relating to this polity, any service in
connection with its issuance or the breach of
a policy provision, or to any other
controversy or claim arising out of the
transaction giving rise to this policy. All
arbitrable matters when the Amount of
Insurance is $2,000,000 or less shall be
arbitrated at the option of either the
Company or the Insured. All arbitrable
matters when the Amount of Insurance is in
excess of $2,000,000 shall be arbitrated only
when agreed to by both the Company and
the Insured. Arbitration pursuant to this
policy and under the Rules shall be binding
upon the parties. Judgment upon the award
rendered by the Arbitrators) may be
entered in any court of competent
jurisdiction.
Owner's Policy
Policy No: 1307508
75. LIABILITY LIMTPED TO THIS
POLICY; POLICY ENTIRE
CONTRACT
(a) Ibis policy together with all
endorsements, if any, attached to it by
the Company is the entire policy and
contract between the Insured and the'
Company, In interpreting any
provision of this policy, this policy shall
be construed as a whole.
(b) Any claim of loss or damage that arises'
out of the status of the Titte or by any
action asserting such claim shalt 'be
restricted to this policy.
(c) Any amendment of or endorsement to
this policy must be in writing and
authenticated by an authorized person,
or expressly incorporated by Schedule
A of this policy.
(d) Each endorsement to this policy issued
at any time is made apart of this policy
and is subject to all of its terms and
provisions, Except as the endorsement
expressly states, it does not (I) modify
any of the terms and provisions of the
policy, (fi) modify any prior
endorsement, (III) extend the Date of
Policy, or (iv) increase the Amount of
Insurance.
16. SEVERABILTTY
In the event any provision of this policy, in
whole or in part, is held invalid or
unenforceable under applicable law, the
policy shall be deemed not to include that
provision or such part held to be invalid, but
all other provisions shall remain in full force
and effect.
17. CHOICE OFLAW; FORUM
(a) Choice of Law: The Insured
acknowledges the Company has
underwritten the risks covered by this
policy and determinedthepremium
charged therefor in reliance upon the
law affecting interests in real property
and applicable to the interpretation,
rights, remedies, or enforcement of
policies of title insurance of the
jurisdictionvehen the Land is located.
Therefore, the court or an arbitrator
shall apply the law of the jurisdiction
where the land is located to determine
the validity of claims against.the Title
that are adverse to the Insured and to
interpret and enforce the terms of this
policy. In neither case shall the court
or arbitrator apply its conflicts of. law
principles to determine the applicable
law.
(b) Choice of Foram: Any litigation or
other proceeding brought by the
Insured against the Company must be
filed only in a state or federal court
within the United States of America or
its, territories having appropriate
jurisdiction.
18. NOTHTS, WHERESENT
Any notice of claim and any other notice or
statement in writing required to be given to
the Company under this policy must be
given to the Company at:
Chicago Title Insurance Company
Attn: Claims Department
P.O. Box 45M
Jacksonville, FL 32232-5023
ALTA Owner's Policy (6/17/06)
fICAGO TITLE INSURANCE COMPAN
701 FfFIHAVENUE, #2300, SEATTLE, WA 98104
EXTENDED OWNER POLICY
SCHEDULE A
Policy No.: 1307508
Amount of
Dateof Policy: MARCH 15, 2011 at 12:37 PM Insurance: $557,000,00
1, Name of Insured:
THE KING COUNTY RURAL LIBRARY DISTRICT D/B/A THE KING COUNTY LIBRARY SYSTEM, A
WASHINGTON RURAL LIBRARY DISTRICT
2. The estate or interest in the land which is covered by this policy is:
FEE SIMPLE.
3. Title to the estate or interest in [he land is vested in:
THE KING COUNTY RURAL LIBRARY DISTRICTED/B/A THE KING COUNTY LIBRARY SYSTEM, A
'WASHINGTON RURAL LIBRARY DISTRICT
4. The land referred to in this policy is described as follows:
SEE ATTACHED DESCRIPTION
EXTENDED OWNER POLICY
SCHEDULE A
(Continued) Policy No.: 1301508
LEGAL DESCRIPTION
THAT PORTION OF GOVERNMENT LOT 5 IN SECTION 19, TOWNSHIP 21 NORTH, RANGE 5 EAST,
WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID GOVERNMENT LOT 5; _.
RUNNING THENCE NORTH 0024146" EAST ALONG THE EAST LINE OF SAID GOVERNMENT LAT05 A
DISTANCE OF 307,05 FEET TO THE NORTHEASTERLY BOUNDARY OF STATE HIGHWAY NO, 5 AND
THE TRUE POINT OF .BEGINNING; -
THENCE CONTINUING NORTH 0024146" EAST 352.15 FEET;
THENCE SOUTH 89026116" WEST 327.52 FEET TO THE SAID NORTHEASTERLY BOUNDARY OF
STATE HIGHWAY NO. 5;
THENCE SOUTH 43003'14" EAST ALONG SAID HIGHWAY BOUNDARY 477.49 FEET TO THE TRUE
POINT OF BEGINNING; ..
EXCEPT THE NORTHERLY 52 FEET OF EVEN WIDTH; AND
EXCEPT ANY PORTION OF THE ABOVE -DESCRIBED TRACT WHICH MAY LIE WITHIN THE
FOLLOWING DESCRIBED PROPERTY:
FROM A STONE MONUMENT WHICH IS THE SOUTHEAST CORNER OF GOVERNMENT LOT S, S ECTION
19, TOWNSHIP 21 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN;
RUNNING THENCE NORTH 0024146" EAST ALONG THE EAST LINE OF GOVERNMENT LOT 5 A
DISTANCE OF 307,05 FEET TO THE NORTHEAST BOUNDARY OF STATE HIGHWAY NO. 5;
THENCE CONTINUING NORTH 0024'46" EAST 352.15 FEET;
THENCE SOUTH 89026116" WEST 327.52 FEET TO THE SAID NORTHEAST BOUNDARY OF STATE
HIGHWAY NO, 5 AND THE TRUE POINT OF BEGINNING OF THE EXCEPTED TRACT;
THENCE SOUTHEASTERLY ALONG THE SOUTHWEST LINE THEREOF 60 FEET;
THENCE EASTERLY ON A LINE PARALLEL TO THE NORTH BOUNDARY OF SAID TRACT TO THE
EASTERLY BOUNDARY LINE;
THENCE NORTH ALONG THE EASTERLY BOUNDARY LINE TO THE NORTHEAST CORNER OF SAID
TRACT;
THENCE WESTERLY ALONG THE NORTH BOUNDARY OF SAID TRACT TO THE TRUE POINT OF
BEGINNING; AND
EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF AUBURN BY DEED RECORDED UNDER
RECORDING NIINIDSR 20001116001264.
XCAGO TITLE INSURANCE COMPAN
EXTENDED OWNER POLICY
SCHEDULE B
Policy No.: 001307508
Th s policy does not insure against loss or damage (and the Company will not pay costs, attorneys; fees or expenses)
which arise by reason of:
GENERAL EXCEPTIONS:
as NONE
SPECIAL EXCEPTIONS:
CONTZNDED ON NEXT PAGE
EXTENDED OWNER POLICY
SCHEDULE B
(Continued) Policy No.: 1307508
SPECIAL EXCEPTIONS
A1. BASEMENT AND THfi THRMS AND CONDITIONS THBRBOF:
GRANTEE: CITY OF AUBURN, A MUNICIPAL CORPORATION
PURPOSE: INGRESS AND EGRESS AND FOR LAYING,
MAINTAINING AND INSTALLING A SANITARY
SEWER
AREA AFFECTED: - A SOUTHERLY PORTION OF SAID PREMISES
RECORDED: SEPTEMBER 25, 1964
RECORDING NUMBER: 5791054
a 2. EASEMENT AND THE TERMS AND CONDITIONS THEREOF:
GRANTEE: CITY OF AUBIIRN, A MUNICIPAL CORPORATION
PURPOSE: LAYING, MAINTAINING AND INSTALLING A
TRAFFIC SIGNAL POLE AND APPURTENANCES
AREA AFFECTED: A WESTERLY PORTION OF SAID PREMISES
ABUTTING STATE HIGHWAY NO, 5
RECORDED: AUGUST 10, 1990
RECORDING NUMBER: 9008106187
c NOTE: SAID EASEMENT CONTAINS AN ERRONEOUS LEGAL DESCRIPTION.
v 3. SPBCIAL TAXES FOR SIIRFACE WATER MANAGEMENT AND/OR OTHER SPECIAL CHARGES:
1ST HALF DELINQUENT MAY 1ST, 2ND HALF DELINQUENT NOVEMBER 1ST:
YEAR: 2011
AMOIINT BILLID: $ 1,121.57
AMOUNT PAID: $ 560,79
.AMOUNT DUE: $ 560.78
TAX ACCOUNT NUMBER: 192105-9122-03
LEVY CODE: 0120
AFFECTS: A PORTION OF SAID PREMISES
s 4. MATTERS DISCLOSED ON PAGE 2 OF SURVEY DONE BY CORE DESIGN, DATED DECEMBSR
8, 2009, DESIGNATED PROJECT NUMBER 09080, AND BY INSPECTION OF SAID
PREMISES DONE JANUARY 21, 2011, AS FOLLOWS:
A. .ASPHALT PAVING AND CHAIN LINK FENCE APPURTENANT TO SAID PREMISES
EXTEND ACROSS THE NORTHERLY BOUNDARY OF SAZD PREMISES UP TO THELBUILDING
LOCATED ON THE NORTHERLY ADJOING PROPERTY.
B. METAL AND GLASS SIGN APPURTENANT TO SAID PREMISES AT THE
NORTHWESTERLY CORNER THEREOF EXTENDS INTO THE. PUBLIC RIGHT OF WAY FOR
OWNnK192/RDA/a
ACAGO TITLE INSURANCE CONPAN
EXTENDED OWNER POLICY
SCHEDULE B
(Continued) Policy No.: 1307508
SPECIAL EXCEPTIONS
AUHURN WAY SOUTH.
C. CHAIN LINK FENCING APPURTENANT TO SAID PREMISES ALONG THE NORTHERLY
AND EASTERLY PROPERTY LINES IS LOCATED NORTHERLY AND EASTERLY OF SAID
BOUNDARY LINES AND DOES NOT INDICATE PRECISE LOCATION OF SAID BOUNDARIES.
** fiND OF SCB6DIILfi H **
AUTHORIZED SIGNA ORY
Loan Policy Endorsements: N/A
Owner's Policy Endorsements: ALTA 9.2; ALTA 25; ALTA 17; ALTA 27
Your reference:_; .' j 4 1022 AUBURN WAY SOUTH. AUBURN. HA
ENDORSEMENT
Attached to and forming a part of
Policy No. 1307508
Issued By
CHICAGO TITLE INSURANCE COMPANY
Dated: March 15, 2011
ALTA ENDORSEMENT -FORM 9.2-06
(Owner's Policy - Improved Land)
The Company insures against loss or damage sustained by the Insured by reason of:
1. The existence, at Date of Policy, of any of the following unless expressly excepted in Schedule B:
a. Present violations on the Land of any enforceable wvenants, conditions or restrictions, or any existing
improvements on the Land that violate any building setback lines shown on a plat of subdivision recorded or
filed in the Public Records.
b. Any instrument referred to in Schedule B as containing covenants, conditions, or restrictions on the Land that,
in addition, (i) establishes an easement on the Land; (ii) provides for an option to purchase, a right of first
refusal or the prior approval of a future purchaser or occupant; or (iii) provides a right of reentry, possibility of
reverter, or right of forfeiture because of violations on the Land of any enforceable covenants, conditions, or
restrictions.
c. Any encroachment of existing improvements located on the Land onto adjoining land, or any encroachment
onto the Land of existing improvements located on adjoining land. L
d. Any encroachment of existing improvements located on the Land onto that portion of the Land, subject to aay
easement excepted is Schedule B.
e. Any notices of violafion of covenants, condiflons, or restrictions relating to environmental protection recorded
or filed in the Public Records.
2. Damage to existing buildings:
a. That are located on or encroach upon that portion of the Land subject to any casement excepted in Schedule B,
which damage results from the exercise of the right to maintain the easement for the purpose for which it was
granted or reserved;
b. Resulting from the future exercise of any right existing at Date of Policy to use the surface of the Land for the i:.
extraction or development of minerals excepted from the description of the Land or excepted in Schedule B.
3. Any final court order or judgment requiring the removal from any land adjoining the Land of any encroachment,
other than fences, landscaping or driveways, excepted in Schedule B. , .,
4. Any final court order or judgment denying the right to maintain any existing building on the Land because of any
violation of covenants, conditions, or restrictions or building setback lines shown on a plat of subdivision recorded
or filed in the Public Records,
Wherever in this endorsement the words "covenants, conditions or restrictions" appear, they shall not be deemed to refer
to or include the terms, covenants, conditions, or limitations contained in an instrument creating a lease.
As used in paragraphs l.a. and 4 the words "covenants, conditions or restrictions" do not include any covenants,
conditions, or restrictions (a) relating to obligations of any type to perform maintenance, repau, or remediation on the
Land, or (b) pertaining to environmental protection of any kind or nature, including hazardous or toxic matters,
conditions, or substances, except to the extent that a notice of a violation or alleged violation affecting the Land has been
recorded or filed in the Public Records at Date of Policy and is not excepted in Schedule B.
ez+nor/�z�.n/ac
Your referena
ENDORSEMENT
Attached to and forming a part of
Policy No. 1307508
Issued By
CHICAGO TITLE INSURANCE COMPANY
Dated: March 15, 2011
.b fi
1022
AOSUM
HAY
SO=,
AO UMW
HA
This endorsement is issued as part of the policy. Except as i[ expressly states, it does not (i) modify any of the terms and
provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy or (iv) increase the Amount
of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision
of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions
of the policy and of any prior n orserpents. /J
Note: This endorsement shall not be valid or binding
until countersigned by an authorized signatory
ervox/�vaz/sc
1 Your reference. 6 4 1022 AOBQ FAY 908 r AUBOBN. aA
ENDORSEMENT
Attached to and forming a part of
Policy No. 1307508
Issued By
CHICAGO TITLE INSURANCE COMPANY
Dated: March 15, 2011
ALTA ENDORSEMENT FORM 17-06
(Access and Entry)
The company insures against loss or damage sustained by the Insured if, at bate of Policy (i) the Land does not abut and
have both actual vehicular and pedestrian access to and from Auburn Way South (the "Street), (ii) the street is not
physically open and publicly maintained, or (iu) the insured has no right to use existing curb cuts or entries along that
portion of the Street abutting the Land.
This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and
provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount
of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision
of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions
of the policy and of any prior endorsements.
Aut onze Stgnatory
Note: This endorsement shall not be valid or binding
until countersigned by an authorized signatory
nnnaPc/3-2192/SC
IYour reference .. )g 1022 AWB HAY 9 UTHe AUBURN, HA
ENDORSEMENT
Attached to and forming a part of
Policy No. 1307508
Issued By
CHICAGO TITLE INSURANCE COMPANY
Dated: March 15, 2011
ALTA 25.1-06 (PORTION OP SURVEY)
The Company insures against loss or damage sustained by the Insured by reason of the failure of the Laud as described
in Schedule A to be the same as that identified as Parcel B on Sheet 2 the survey made by Core Design dated December
8, 2009, and designated Job No. 09080.
This endorsement is made a par[ of the policy and is subject to all the terms and provisions thereof and of any prior
endorsements [hereto. Except to the extent expressly stated, it neither mod fies any of the terms and provisions of [he
policy and prior endorsements, if any, nor does it extend the effective date of the policy and prior endorsements, or
increase the face amount thereof.
Authortz Signatory
Note: This endorsement shall not be valid or binding
until countersigned by an authorized signatory
rmioox/ta�m/sc
Your reference P R 1022 AUBURN HAY WU r AUBURN, NA
ENDORSEMENT
Attached to and forming a part of
Policy No. 1307508
Issued By
CHICAGO TITLE INSURANCE COMPANY
Dated: March 15, 2011
ALTA?b-06 (SUBDIVISION)
The Company insures against loss or damage sustained bythe Insured by reason
of the fa�7ure of the Land
to constitute a
lawfully created parcel according to
the subdivision statutes and local subdivision
ordinances applicable to
the Land.
This endorsement is made a pazt of the policy and is subject to all [he terms and provisions thereof and of any prior
endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the
policy and prior endorsements, if any, nor does it extend the effective date of the policy and prior endorsements, or
increase the face amount thereof.
Aut ized Signatory
Note: This endorsement shall not be valid or binding
until countersigned by an authorized signatory
eNnorc/ay.sz/sc
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