HomeMy WebLinkAbout2869 (2) 1 RESOLUTION NO 2 8 6 9
2.
3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN OPTION TO
4 PURCHASE UNIMPROVED PROPERTY BETWEEN VALLEY CENTRE I , L L C
AND THE CITY OF AUBURN FOR MUNICIPAL AIRPORT PURPOSES
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6
WHEREAS, the FAA has established the Obstacle Free Area
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(OFA) as a means of maintaining safe aircraft operations, and
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9 WHEREAS, the OFA represents an area that must be clear of
10 any obstacles to aircraft flight and ground operations and
11 thus cannot be developed for any non-aviation uses; and
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WHEREAS, the Auburn Municipal Airport has a need to
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obtain 59 feet along a portion of the western perimeter of the
14
15 Airport to be in compliance with FAA standards; and
16 WHEREAS, the adjoining property on which the OFA is
17 located is currently in the process of being developed with
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office/industrial uses creating a need to acquire the land
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before development is completed; and
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21 WHEREAS, the FAA has agreed in principal to support the
22 purchase of the OFA from the land owner by providing 90% of
23 the cost with the City responsible for the remaining 10% ; and
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Resolution No 2869
August 14, 1997
K,APage 1
1 WHEREAS, the adjoining property owner is willing to sell
2
the land to the City,
3
4 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
5 WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH
6 RESOLVES AS FOLLOWS
7
Section 1 The City of Auburn is herewith authorized to
8
execute an Option to Purchase Unimproved Property between
9
10 VALLEY CENTRE I, L L C and the CITY OF AUBURN for Municipal
11 Airport purposes A copy of said Option to Purchase and the
12 legal description are attached hereto, denominated as Exhibits
13
"A" and "B" and made a part hereof as though set forth in full
14
herein
15
16 Section 2 . The Mayor is hereby authorized to implement
17 such administrative procedures as may be necessary to carry
18 out the directives of this legislation
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Resolution No 2869
August 14, 1997
Page 2
1 DATED this 2nd day of September, 1997
2
3
4 CITY OF AUBURN
6 ( Ac-cie
7 CHARLES A BOOTH
MAYOR
8
9
10 ATTEST
11
12
13 64-66/10-
'66/1v""G���E �"
Robin Wohlhueter,
14 City Clerk
15
16
17 APPROVED AS TO FORM
18
19 )-20 I�11! /�//
Michael J Reynolds,
21 City Attorney
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Resolution No 2869
August 14, 1997
Page 3
Option to Purchase Unimproved Property
This Option is made and entered into this "l�tl- day of be , 1997, by and
between Valley Centre I L.L.0 , a Washington limited liability company (the Seller") and the
City of Auburn, a Washington municipal corporation (the Purchaser")
RECITALS Purchaser is a municipal corporation and has the power of eminent
domain. Purchaser has indicated that it is ready, willing and able to exercise its power of
eminent domain to acquire the Property Seller is agreeing to grant to Purchaser an option to
purchase the Property and Purchaser is requesting an option, at its discretion, to purchase the
Property, and, if exercised, Purchaser will be acquiring the Property from Seller under threat
of condemnation.
In consideration of the mutual covenants and agreements contained in this Option,
Seller and Purchaser agree as follows
1 Grant of Option. Seller hereby grants to Purchaser the exclusive right and
option to purchase from Seller, at the price and upon the terms and conditions set forth in this
Option the parcel of land more particularly described in "Exhibit A" attached hereto
2 Expiration. This Option shall expire on the 1st day of January, 1998 at 5.00
p.m. PST
3 Exercise of Option. Purchaser may exercise its option to purchase the Property
by giving notice of exercise at any time before expiration of this Option. Notice of exercise
shall be in writing and shall be given in the manner set forth in this Option.
4 Failure to Exercise. If Purchaser shall fail to exercise its option to purchase the
Property before its expiration, then this Option shall be void and of no further force and
effect.
5 Contract of Sale. If Purchaser shall exercise its option to purchase the
Property, this Option shall automatically become and constitute the contract of sale between
the parties ("Contract of Sale")
Exhibit "A" Resolution 2869
Option to Purchase
August 14 1997
Page 1 [OTP-VCC7
6 Title. Seller shall convey and Purchaser shall accept a good and marketable
title in fee simple, free and clear of all liens and encumbrances, subject only to (a) the rights
and reservations expressed in the U S Patent to the Property; (b) the lien of current real estate
taxes not yet due and payable, and (c) easements of record, if any
7 Purchase Price and Acceptable Funds. The purpose for acquiring the property
in question, more formally described in "Exhibit A", attached hereto, is to complete the
"Obstacle Free Area" on the west side of Auburn Municipal Airport for safety reasons This
is required by the Federal Aviation Administration (FAA) and is depicted on "Exhibit B", the
FAA approved Airport Layout Plan, hereto attached and it has also been adopted as part of the
City of Auburn's Comprehensive Plan.
The term "fair market value" as determined by an appraisal and an appraisal review
conducted by real estate appraisers who hold current MAI designations and have five (5) years
of full time commercial experience in the appraisal of land in the area in which the property is
located. Such appraisals and appraisal process will be subject to FAA approval as the FAA
will be granting the City 90% of the purchase price.
Should the price determined by the appraisals not be satisfactory by either of the
parties, further negotiations will take place in accordance with FAA guidelines and
procedures, as stated in FAA Advisory Circular dated March 29, 1996, AC 150/5100-17,
Chapter 3, Real Property Acquisition.
8 Closing The closing of title pursuant to the Contract of Sale (the 'Closing'')
shall take place on the first business day sixty (60) days after Purchaser gives Seller notice of
exercise at 10.00 a.m., or such other date and time as may be mutually agreeable to the parties
(the actual date of the Closing being referred to herein as the "Closing Date" at the offices of
Chicago Title Insurance Company in Seattle, Washington ( Escrow Agent") or such other
place as may be mutually agreeable to the parties.
9 eller's Closing Obligations. At the Closing, Seller shall deliver the following
to Purchaser or Escrow Agent, as the case may be:
(a) a bargain and sale deed complying with RCW 64 04 040, conveying the
Property to Purchaser free and clear of all liens, encumbrances, covenants, restrictions,
conditions and adverse claims affecting title, except the Permitted Exceptions,
Exhibit "A" Resolution 2869
Option to Purchase
August 14, 1997
Page 2 [OTP-VCU
(b) a certification as to Seller's non-foreign status that complies with the
provisions of Section 1445(b)(2) of the Internal Revenue Code of 1986, as amended,
and any regulations promulgated thereunder;
(c) any necessary resolutions or authorizations of Seller authorizing the sale
of the Property to Purchaser and the execution and delivery of the deed and all other
documents and instruments to be executed by Seller pursuant to this Agreement; and
(d) any other documents required by this Agreement to be delivered by
Seller
10 Purchaser's Deliveries at Closing. At the Closing, Purchaser shall deliver the
following to Purchaser or Escrow Agent, as the case may be
(a) The Purchase Price, in the manner described in Section 7, and
(b) Any documents required by this Agreement to be delivered by
Purchaser
11 Prorations. At Closing real estate taxes and assessments shall be prorated
between the S and P as of 12.01 A.M. on the Closing Date, and Purchase Price shall be
adjusted accordingly
12. Closing Co ts. S shall pay all real estate excise taxes applicable to the sale of
the Real Property and the conveyance of title to the Real Property to Purchaser, the title
insurance premium for an owner's standard coverage policy of title insurance and the
recording fees for the deed and assignment of leases. Purchaser shall pay all sales taxes
applicable to the Personal Property and the conveyance of the Personal Property to Purchaser
and the recording fees for the deed of trust, if any Purchaser and Seller shall each pay one-
half of the escrow fees. Each party shall bear its own attorneys' fees.
13 Representations and Warranties of Seller Seller represents and warrants to
Purchaser as follows
(a) Seller is the sole owner of the Property, Seller has the power and
authority to sell the Property as provided in this Contract, and the sale of the Property
pursuant to this Contract has been duly authorized by Seller, and
Exhibit "A" Resolution 2869
Option to Purchase
August 14, 1997
Page 3 [o7P-VCI1
(b) Seller is not a 'foreign person" as that term is defined in Section 1445
(t) of the Internal Revenue Code of 1986, as amended
(c) Seller will use all reasonable efforts to fulfill all of the conditions of this
Contract which are within its power to fulfill.
14 Representations and Warranties of Purchaser Purchaser represents and
warrants to Seller as follows
(a) Purchaser has inspected the Property, is fully familiar with the Property
and shall accept the Property "AS IS", with all faults, and in its present condition,
provided, however, any faults, defects, hazardous waste, or pollution in or on the
Property is to he considered by the appraisers in establishment of the Purchase Price
(b) Before entering into this Option, Purchaser has made such examination
of the Property as Purchaser deemed necessary In entering into this Option, Purchaser has
not been induced by and has not relied upon an representations, warranties or statements,
whether express or implied, made by Seller or any agent, employee or other representative of
Seller or by any broker or any other person representing or purporting to represent Seller,
which are not expressly set forth in this Option, whether or nor any such representations,
warranties or statements were made in writing or orally
(c) Purchaser will use all reasonable efforts to fulfill all of the conditions of
this Contract which are within its power to fulfill.
15 Condemnation. If prior to the Closing Date, all or any part of the Property
shall be taken by condemnation in any proceeding by a governmental authority or entity vested
with the power of eminent domain or shall be acquired for public or quasi-public purposes or
condemnation proceedings therefore shall have been instituted, then this Agreement shall be
automatically terminated and both parties shall be relieved and released of and from any and
all further liability hereunder
16 Broker Seller and Purchaser each represent to the other that neither is
represented by any broker, agent or finder in connection with this transaction. Each party
agrees to indemnify and hold the other party harmless from and against any and liability,
costs, damages, causes of action or other proceedings instituted by any broker, agent or finder,
licensed or otherwise, claiming through, under or by reason of the conduct of the
Exhibit "A" Resolution 2869
Option to Purchase
August 14, 1997
Page 4 [OTP-VCI]
indemnifying party in the purchase and sale of the Property or in any manner whatsoever in
connection with this transaction.
17 Survival of Representations and Warranties. The representations and warranties
of Seller and Purchaser set forth in this Option shall survive the Closing and the delivery of
the deed by Seller
18 Miscellaneous Provisions
(a) This Option sets forth the entire agreement of the parties as to the
subject matter hereof and supersedes all prior discussions and understandings between them.
This Option may not be amended or rescinded in any manner except by an instrument in
writing signed by a duly authorized officer or representative of each party hereto
(b) This Option shall be governed by, and construed and enforced in
accordance with the laws of the State of Washington.
(c) Should any of the provisions of this Option be found to be invalid,
illegal or uneforceable by any court of competent jurisdiction, such provision shall be stricken
and the remainder of this Option shall nonetheless remain in full force and effect unless
striking such provision shall materially alter the intention of the parties
(d) In the event any action is brought to enforce this Option, the parties
agree to be subject to exclusive in personam jurisdiction in the Superior Court for the State of
Washington, County of King.
(e) No waiver of any right under this Option shall be effective unless
contained in writing signed by a duly authorized officer or representative of the part sought to
he charged with the waiver and no waiver of any right arising from any breach or failure to
perform shall be deemed to be a waiver of any future right or of any other right arising under
this Option.
(f) Paragraph headings contained in this Option are included for
convenience only and form no part of the agreement between the parties
(g) All notices or requests required or permitted under this Option shall be
in writing; shall be personally delivered, delivered by a reputable express delivery service
such as Federal Express, or sent by certified mail, return receipt requested, postage prepaid,
Exhibit "A" Resolution 2869
Option to Purchase
August 14, 1997
Page 5 [ora-VCIJ
shall be deemed given when so delivered or mailed, irrespective of whether such notice or
request is actually received by the addressee, and shall be sent to the parties at the following
addresses:
If to Seller. Valley Centre I L.L.C.
c/o Martin Smith, Inc
1109 First Avenue, Suite 500
Seattle, Washington 98109
Attn. Rod Vogel
If to Purchaser City of Auburn
25 West Main Street
Auburn, Washington 98001
Attn. Paul Krauss
Either party may change the address to which notices shall be sent by notice to the other party
(H) This Option shall be binding upon, and inure to the benefit of, the
parties hereto and their respective successors and assigns
IN WITNESS WHEREOF, the parties hereto have executed this Option as of the date
first above written.
SELLER.
VALLEY CENTRE I L.L.C.
earisthat
By A/Asiai
w 1111/F
TITLE PeiAna31n.T
Exhibit "A" Resolution 2869
Option to Purchase
August 14 1997
Page 6 (TP-VCI]
PURCHASER.
CITY OF AUBURN
By Cbea-lES f ��edlh
TITLE.
STATE OF WASHINGTON)
)ss
COUNTY OF KING )
On this 94' day of Ce \l-,/ _, 1997, before me, the undersigned, a Notary
Public in and for the State of Washington, duly commissioned and sworn as such, personally
appeared (4 VYlc,,,,k.n t 4-61 n, personally known to me (or proved to me on the
basis of satisfactory evidence to be the f y.... ict I� hAeA4 €i of Valley Centre I
L.L.0 , the limited liability company that execut� thi within and foregoing instrument and
acknowledged the instrument to be the free and voluntary act and deed of such company, for
the uses and purposes therein mentioned, and on oath stated that he or she was authorized to
execute the instrument pursuant to the operating agreement of such company or by a resolution
of the members of such company
WITNESS my hand and official seal.
DANETTE A. BRANDT �/� �
STATE OF WASHINGTON Notary in s.and for t e State Washington
NOTARY PUBLIC
Name. Oak/fr freAcei-
YY COMMISSION EXPIRES 3-02-01 Residing at: Faeri✓ n (i„a
My appointment expires. 7,..R-3 co/
Exhibit "A” Resolution 2869
Option to Purchase
August 14, 1997
Page 7 (TP-VCI]
STATE OF WASHINGTON)
)ss.
COUNTY OF KING )
On this 5'day of ytz,J , 1997, before me, the undersigned, a Notary
Public in and for the State of Washington, duly commissioned and sworn as such, personally
appeared ittn.?vO, ci --%s ...ej j , personally known to me (or proved to me on the
basis of satisfactory evidence to be the of City of Auburn,
the Washington municipal corporation that execut the within and foregoing instrument and
acknowledged the instrument to be the free and voluntary act and deed of such municipal
corporation, for the uses and purposes therein mentioned, and on oath stated that he or she
was property authorized to execute this instrument on behalf of such municipal corporation.
WITNESS my hand and official seal.
,,optlln,q„,
~ � NOT 9w' ? Notary Public in and for the State of Washington
N':p PUBLIC a : Name• loin!~ et a &wi'e/J
er°eER 9.,40
��'��: Residing at. /64,,et Cry
•'•p��OF WAS;p�e�.°� My appointment exp`lies. /0- 9- 99
Exhibit "A" Resolution 2869
Option to Purchase
August 14, 1997
Page 8 [O7P-VC]]
Legal Description - Airport Acquisition
That portion of Lots 2, 3 and 4, City of Auburn Short Plat Number 5-97 as recorded
under King County recording number 9705140453, lying east of the following described
line:
Beginning at the northeast corner of lot 2 of said Short Plat; Thence N 88-49-52 W,
along the north line of said lot 2, a distance of 59.00 feet to the beginning of this line
description, Thence S 00-51-25 W, along a line 59 00 feet westerly of and parallel with
the east line of said Short Plat to a point on the south line of said lot 3, which point bears
N 88-49-52 W, a distance of 59 00 feet, from the southeast corner thereof and the end of
this line description.
Exhibit "B" Resolution No 2869
SENT BY PACIFIC Nl% TITLE 3- 4-98 9 57 KENT-. 2539313053 : 3/ 4
MAR-03-98 TUE 15:31 MARTIN SMIch 'NU tiltU FHA NU. LUb ot,: oaa r Uc
e3%e3/a6 13 13 FtA 4U6s4i0ae4 aa1'&h'. qiejuV6'uu`
AMENDMENT NO. 1 TO OPTION TO PURCHASE UNMPRO VED PROPERTY
THIS AMENDMENT NO. 1 is made and entered into this 3 r4 day of March, 1998,
by and hetweer.valley Centre I L.L.C. a Washington lfntitcd liability company(the-Seller")
and the City of Auburn,a Washington municipal corporation(the"Purchaset").
RECITALS. Seller and Purchaser entered Into an Option to Purchase Unimproved
Property Agreement dated December 9, 1997(thCAgreernent'). Seller and Purchaser desire to
amend the Agreement.
Seller and Purchaser agree to amend the Agreement at follows.
1 Paragraph 15 of the Agreement shall be deleted in its entirety
2. Except is herein amended the Agreement shall remain In full force and effect and
unmodified.
DATED the date first above-written.
Seller Purchaser.
Valley C titre I .L.C. City of Auburn
ey A L�L��� . ' By Q..6n, M--Ql
Its: V '`^"^ � Itt: 6 s l r.e-
t..
APR ? 3 7998 t�
C)
ry �C CORKS pF N C
u;
RETURN TO:
CITY OF AUBURN cC'Ji
25 W. MAIN ST.
AUBURN, WA 98001
STATUTORY WARRANTY DEED co
tr
PACIFIC NORTHWEST TITLE COMPANY
0 PnclFICNORTHWESTTl7LE m FHEU d 32.8982—( Z Reference # (if applicable)
0
Additional on Page: IVS r
Grantor(s): VALLEY CENTRE I L.L.C. /
l• Additional on Page:
Grantee(s). CITY OF AUBURN y 47
40
CD t,t
Additional on Page:
Legal Description: PTN. OF JAMES A. LAKE DON. CLAIMS NO.
38 & 41 & JOSEPH BRANNAN DON. CLAIM 38
0) Additional on Page:
Assessor's Tax Parcel ID# 000080-0055-07;0036-01; 0056-06
THE GRANTOR VALLEY CENTRE I L.L.C. , A WASHINGTON LIMITED
LIABILITY COMPANY
for and in consideration of TEN DOLLARS AND OTHER GOOD AND VALUABLE
CONSIDERATION I
8 in hand paid, conveys and warrants to CITY OF AUBURN, A MUNICIPAL CORPORATION I
the following described real estate, situated in the County of KING , State of Washington:
SEE EXHIBIT "A" ATTACHED HERETO AND A PART HEREOF.
SUBJECT TO: SEE EXHIBIT "B" ATTACHED HERETO. "THIS DEED IS
GIVEN UNDER THE THREAT OF AND IN LIEU OF EMINENT DOMAIN. "
I
Dated: MARCH 3 , 1998 !
VALLE CENTRE C.
"`4-jcam
8
NOTARY PAGE
STATE OF WASHINGTON } I
} ss.
County of }
I hereby certify that I know or have satisfactory evidence that
is the person(s) who appeared before me, and said person(s) acknowledged that (he, she, they) signed this
instrument and acknowledged it to be (his, her, their) free and voluntary act for the uses and purposes
mentioned in this instrument.
Dated:
Notary Public in and for the State of Washington
Printed Name
Residing at
My appointment expires
s e...erar .wa.«r..eeNeeeearrlkree+-arar+suer•~***
STATE OF WASHINGTON } I
} ss.
County of King } I
I hereby certify that I know or have satisfactory evidence that H Martin Smith, III
40
is the person(s) who appeared before me, and said person(s) acknowledged that (he, she, they) signed this
Oinstrument, on oath slated that he is
aauthorized to execute the instrument and acknowledge it as the Manager
a) of valley Centre I L.L.C. to be the free and voluntary
act of such party for the uses and purposes mentioned in this instrument.
Dated:
March 3, 1998
'1\9-Itt-triL 6? friat-C/Cr
Notary Public in and for the State of Washington DANETTE A. BRANDT
Danette A Brandt STATE OF WASHINGTON
Printed Name NOTARY--a- PUBLIC
Residing at Edmonds, Washington In C014038108 £WIRZ$3-08-01
3/
My appointment expires ii�LUUt
iIJ
1
EXHIBIT "A"
That portion of Lots 2, 3 and 4, City of Auburn Short Plat Number
SPL-005-97, recorded under Recording Number 9705140453, in King
County, Washington, said Short Plat being a portion of James A Lake
Donation Claims No 38 and 41 and the Joseph Brannan Donation Claim
No 38, lying east of the following described line
Beginning at the northeast corner of Lot 2 of said Short Plat;
thence north 88°49' 52" west, along the north line of said Lot 2, a
distance of 59 00 feet to the beginning of this line description;
thence south 00°51' 25" west, along a line 59 00 feet westerly of and
parallel with the east line of said Short Plat to a point on the
south line of said Lot 3, which point bears north 88°49'52" west, a
distance of 59 00 feet, from the southeast corner thereof and the
end of this line description
P'4
N
g-1
c i
C
C
C
C
EXHIBIT "B"
1 EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING,
BUT NOT LIMITED TO, THE FOLLOWING
GRANTEE The Municipality of Metropolitan
Seattle, its successors and assigns
PURPOSE
Installing, constructing, operating, maintaining, removing,
repairing, replacing, and using a sewer interceptor with all
connections, manholes and appurtenances thereto
AREA AFFECTED Northerly portion of said Lot 2 and
other property
RECORDED September 12, 1974
RECORDING NUMBER 7409120391
2 EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING,
BUT NOT LIMITED TO, THE FOLLOWING
GRANTEE The Municipality of Metropolitan
Seattle, its successors and assigns
r4 PURPOSE
LI Installing, constructing, operating, maintaining, removing,
repairing, replacing and using a flushing well with all connections,
.4 manholes and appurtenances thereto
CAD
O AREA AFFECTED Northerly portion of said Lot 2 and
('7 rother property
o
(D RECORDED August 31, 1976
Cr) RECORDING NUMBER 7608310815
3 EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING,
BUT NOT LIMITED TO, THE FOLLOWING f1
GRANTEE Pacific Northwest Bell Telephone
Company, a Washington corporation,
its successors and assigns
PURPOSE
To place, construct, maintain, inspect, reconstruct, repair,
replace, remove and keep obstacles clear from Grantee's facilities
consiting of underground communication lines and other appurtnenaces
AREA AFFECTED North 10 feet of said Lot 2 and other
property
RECORDED December 21, 1984
RECORDING NUMBER 8412210680
EXHIBIT "B" , continued
5 EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING,
BUT NOT LIMITED TO, THE FOLLOWING
GRANTEE ‘ City of Auburn, a Washington
municipal corporation
PURPOSE
Public access, ingress and egress and constructing, operating,
maintaining and repairing access, utilities, storm drainage
facilities and appurtenances thereto
AREA AFFECTED Southerly portion of said Lot 3 !'
RECORDED April 3, 1997
RECORDING NUMBER 9704030925
6 COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS CONTAINED IN SHORT
PLAT,
RECORDED July 29, 1982
RECORDING NUMBER 8207299002
N 7 COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS CONTAINED IN LOT
LINE ADJUSTMENT,
0 RECORDED March 18, 1997
RECORDING NUMBER 9703181099
CI8 COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS CONTAINED IN SHORT
PLAT,
•
RECORDED May 14, 1997
RECORDING NUMBER 9705140453
9 AGREEMENT AND THE TERMS AND CONDITIONS THEREOF
BY AND BETWEEN The City of Auburn, a municipal
corporation and Valley Centre I,
L L C
•
DATED b'= September 9, 1997
RECORDED November 20, 1997
RECORDING NUMBER 9711201272
REGARDING Storm water system
end of exhibit "B"
1111
(MY of
CHARLES A. BOOTH, MAYOR / 40E31b, AUBURN CITY CLERK
Robin Wohlhueter,City Clerk 25 Wes/M tin, Auburn.WA 9%101
Dam Daskam, Deputy City Clerk City Clerk:(2'6)931 3039
Tamie Bothell, Record/License Clerk 11171917 /Business Registration:(253)9'31 1007 Fax (253)"'SS 311'
sh,
September 18, 1997
Valley Centre I L.L.0
c/o Martin Smith, Inc.
1109 First Avenue, Suite 500
Seattle, WA 98109
Attn: Rod Vogel
Dear Mr Vogel:
With adoption of Resolution No c2869 on September 2, 1997, we are able to
proceed in securing signatures on the Option to Purchase Unimproved Property
to acquire property for purpose of establishing an obstacle free area on the west
side of the Auburn Municipal Airport.
Provided is a copy of Resolution No. 2869, and an original Option to Purchase
unimproved property between Valley Centre I L.L.0 , and the City of Auburn for
review and signature. Please sign on Page 6 of the Option to Purchase before a
notary public, make one copy for your records, and return a fully executed
original to the Auburn City Clerk's Office.
Should you have any questions or comments, please contact Auburn Municipal
Airport Manager John Anderson at (253) 931-3026.
Sincerely,
t (�
Charles A. Booth <.,,
Mayor
cc: Michael J Reynolds, City Attorney
Paul Krauss, Planning & Community Development Director
John Anderson, Auburn Municipal Airport Manager
RECORDS MANAGEMENT
Ordinance No. 6U
Resolution No. ' 9
Date Adopted 02/ /997
Copies to-
1 ) Department Contact(s)
apweatyr Gti& -'/-(- '
off"
Finance Department i , ?c,06.1 Clicac ai
(Copy if relates to fees, charges, or any accounting responsibility
2.) Code Book:
3.) Recording File.
4 ) Citizen Requests:
NAME Address
cc: City Clerk
Fvi�
CHARLES a BOOTH,MAYOR AUBURN CITY CLERK
Danielle Daskam,City Clerk /�'' .r„ 25 West Main, Auburn,WA 98001
Cathy Richardson, Deputy City Clerk Llil l l City Clerk.(253)931 3039
Tame Bothell, Records/License Clerk �f:'�f!� Business Registration:(253)931 3007 Fax:(?53)288-3132
1 mS
STATE OF WASHINGTON)
ss.
COUNTY OF KING
I, Danielle Daskam, the duly appointed, qualified City Clerk of the City of
Auburn, a Municipal Corporation and Code City, situate in the County of King,
State of Washington, do hereby certify that the foregoing is a full, true and correct
copy of Resolution No 2869 of the resolutions of the City of Auburn, entitled
"RESOLUTION NO 2869 "
I certify that said Resolution No. 2869 was duly passed by the Council and
approved by the Mayor of the said City of Auburn on the 2nd day of September,
1997
Witness my hand and the seal of the City of Auburn this 27th day of April, 2000
haikalt
'Danlelle.Daskam, City Clerk
City of-Aubum
A $J/t /l
Res ozez4
CERTIFICATE OF TITLE
Carol Key
District Office Manager
Federal Aviation Administration
1601 Linda Avenue S W
Renton, WA 98055-4056
Dear Ms. Key.
The CITY OF AUBURN for the Auburn Municipal Airport (hereinafter referred to as the
"Sponsor"), pursuant to Section 47105(d) of the Federal Aviation Administration
Authorization Act of 1994 (and amendments), hereby certifies that satisfactory property
interest to the land indicated herein is vested in the Sponsor under the terms and
conditions of a Grant Agreement with the Federal Aviation Administration, Federal
Project No 3-53-0003-08
In the Opinion of Michael J Reynolds, Attorney for the Sponsor, the Sponsor has full
legal title to the property interest indicated and, as shown on the Exhibit "A" as of the
time and date stated in the title documents, has adequate title to satisfy local laws and
ordinances.
The Sponsor, City of Auburn, has a fee interest in that Ptn Of James A. Lake Don.
Claims No. 38 & 41 & Joseph Brannan Don. Claim 38, as more particularly described in
Exhibit "A" attached hereto and incorporated herein by this reference, and identified
also as Assessor's Tax Parcel 000080-0055-07, 0036-01, 0056-06
The above described land interest acquired meets the requirements of the Federal
Aviation Administration, except for easements, liens, separate mineral estate, leases, or
other encumbrances on the parcels as noted on Exhibit "B" attached hereto and
incorporated herein by this reference. However, such encumbrances, which are
described on Exhibit "B" do not affect the use of the land for airport purposes.
The evidence of title is based on Title Insurance Policy No 1093-39236 issued on
March 6, 1998by Pacific Northwest Title Insurance Company, Inc.
RECORDATION DATA. Statutory Warranty Deed recorded March 6, 1998 in the land
records of King County, Washington under No 9803061751
The sponsor recognizes and accepts full responsibility for the clearing of any
outstanding encumbrances, defects and exceptions to the title which may in any way
affect the future use and operation of the land for airport purposes as may be
determined by the FAA. It is understood that the FAA reserves the right to cancel this
certification at any time. Although specific title evidence documents are not submitted
herewith, copies of deeds and other appropriate evidence of title for the land are on file
with the Sponsor and are available for inspection by the FAA.
\/
I
Sincerely,
City of Auburn
By.
CHARLES A. BOOTH
MAYOR
City of Auburn
ca- 13' -00
Date
I , 1
MICHAEL J REYNOLDS
City Attorney
EXHIBIT "A"
!
That
portion of Lots 2, 3 and 4, City of Auburn Short Plat Number
SPL-005-97, recorded under Recording Number 9705140453, in King
County, Washington, said Short Plat being a portion of James A. Lake!
Donation Claims No 38 and 41 and the Joseph Brannan Donation Claim
No 38, lying east of the following described line !
Beginning at the northeast corner of Lot 2 of said Short Plat;
thence north 88°49' 52" west, along the north line of said Lot 2, a
distance of 59 00 feet to the beginning of this line description;
thence south 00°51'25" west, along a line 59 00 feet westerly of and
parallel with the east line of said Short Plat to a point on the
south line of said Lot 3, which point bears north 88°49'52" west, a
distance of 59 00 feet, from the southeast corner thereof and the
end of this line description
Tel
N
,4 �
Q
C �
Q I
C,
EXHIBIT "B"
1 EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING,
BUT NOT LIMITED TO, THE FOLLOWING
GRANTEE The Municipality of Metropolitan
Seattle, its successors and assigns
PURPOSE
Installing, constructing, operating, maintaining, removing,
repairing, replacing, and using a sewer interceptor with all
connections, manholes and appurtenances thereto
AREA AFFECTED Northerly portion of said Lot 2 and
other property
RECORDED September 12, 1974
RECORDING NUMBER 7409120391
2 EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING,
BUT NOT LIMITED TO, THE FOLLOWING
GRANTEE The Municipality of Metropolitan
Seattle, its successors and assigns
PURPOSE
Installing, constructing, operating, maintaining, removing,
r• repairing, replacing and using a flushing well with all connections,
manholes and appurtenances thereto
C) AREA AFFECTED Northerly portion of said Lot 2 and
other property
CD
OD RECORDED August 31, 1976
CI RECORDING NUMBER 7608310815
3 EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING,
BUT NOT LIMITED TO, THE FOLLOWING
GRANTEE Pacific Northwest Bell Telephone
Company, a Washington corporation,
its successors and assigns
PURPOSE;
To place, construct, maintain, inspect, reconstruct, repair,
replace, remove and keep obstacles clear from Grantee's facilities
consiting of underground communication lines and other appurtnenaces
AREA AFFECTED North 10 feet of said Lot 2 and other I!
property
RECORDED
December 21, 1984
RECORDING NUMBER 8412210680
EXHIBIT "B" , continued
5 EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING,
BUT NOT LIMITED TO, THE FOLLOWING
GRANTEE City of Auburn, a Washington
municipal corporation
PURPOSE
Public access, ingress and egress and constructing, operating,
maintaining and repairing access, utilities, storm drainage
facilities and appurtenances thereto
AREA AFFECTED Southerly portion Of" said Lot 3
RECORDED April 3, 1997
RECORDING NUMBER 9704030925
6 COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS CONTAINED IN SHORT
PLAT,
RECORDED July 29, 1982
RECORDING NUMBER 8207299002
kl
N7 COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS CONTAINED IN LOT
LINE ADJUSTMENT, IIf
CD
VI
RECORDED March 18, 1997
O RECORDING NUMBER 9703181099 If
Q0 8 COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS CONTAINED IN SHORT
PLAT,
•
RECORDED May 14, 1997
RECORDING NUMBER 9705140453
9 AGREEMENT AND THE TERMS AND CONDITIONS THEREOF
BY AND BETWEEN The City of Auburn, a municipal
corporation and Valley Centre I,
L L C
DATED September 9, 1997
RECORDED November 20, 1997
RECORDING NUMBER 9711201272
REGARDING Storm water system
end of exhibit "8" I"
g 3 //
PACIFIC NORTHWEST TITLE COMPANY OF WASHINGTON, INC.
215 COLUMBIA STREET
SEATTLE, WA 98104
PHONE: (206) 343-1327 Fax: (206) 343-1330
E-MAIL: MIKESHARKEY@ NWT.COiM
pr
MIKE SHARKEY
� p SENDERS NAME:
�T fir::
y '
1, , , It . r
a •= ,a a PLEASE DELIVER THE FOLLOWING PAGES TO:
NAME: vuA y P1`k SCtu 214, atl! P 2)3 -93j- tGDO
COMPANY: Ci' f�O ` Ib u a y j _
F A x NUMBER: 2- 1 3 - r 3 ) `4-°c 7 ,.
DATE: 4 - 2-006
TIME: / S (i
TOTAL NUMBER OF PAGES INCLUDING THIS COVER =P. I
IF YOU DON'T RECEIVE ALL THE PAGES, PLEASE CALL US AT THE NUMBR NOTED ABOVE
COMMENTS:-��� 6 N. _.
I002 aTUT,L .9N oIJTDPd 7,T SLWI 0££T £VF. 907 IVA 'ot bI 00/3[/30
PACIFIC NORTHWEST TITLE COMPANY OF WASHINGTON INC
1201 Third Avenue Suite 3800
Seattle Washington 98101 (206) 622-1040
SUPPLEMENTAL TITLE REPORT
TO City of Auburn
Engineering Division Your Ref No TR 326942
24 West Main Street Seller VALLEY CENTRE I
Auburn Washington 98001-4998 Mortgagor/Purchaser CIT! OF AUBURN
Attn Mitch Legal Our Order No 328942
Supplemental No 1
cc Pacific Northwest Title Your Ref No 63039556
116 Washington Avenue N
Kent Washington 98032
Attn Jean
The following matters affect the property covered by this order
* The legal description has been amend d to read as follows
That portion of Lots 2 3 and 4 Cit of Auburn Short Plat Number
SPL-005-97, recorded under Recording Number 9705140453, in King
County, Washington, said Short Plat eing a portion of Janes A Lake
Donation Claims No 38 and 41 and the Joseph Brannan Donation Claim
No 38, lying east of the following described line
Beginning at the northeast corner of Lot 2 of said Short Plat
thence north 88°49'52" west, along the north line of said Lot 2, a
distance of 59 00 feet to the beginning of this line description;
thence south 00°51'25" west along all line 59 00 feet westerly of and
parallel with the east line of said port Plat to a point on the
south line of said Lot 3, which poind bears north 88°49' 52" west, a
distance of 59 00 feet, from the southeast corner thereof and the end
of this line description
* The following paragraph(s) of our pr liminary commitment has/have
been eliminated 4 A
:i
(continued)
Z00 L ail!! AN OTJTOed ZT LIND OUT £6£ 90Z TFd ZT 6T 00/8T/90
SUPPLEMENTAL TITLE REPORT
Page 2
Order No 3 ,8942
* The following paragraph has been amended to read as follows
10 DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF
GRANTOR Valley Centre I L I C a ,Vashington
limited liability company
TRUSTEE Rainier Credit Compary
BENEFICIARY Bank of Amer--ca National Trust and
Savings Association
AMOUNT $4, 100,000 CC
DATED June 23 1997
RECORDED July 3 1997
RECORDING NUMBER 9707030637
AFFECTS Includes other property
The amount now secured by said Deed of Trust and the terms upon which
the same can be discharged or assumed should be ascertained from the
holder of the indebtedness secured
* Except as to the matters reported hereinabove, the title to the
property covered by this order has NOT been re-examined
Dated as of December 30, 1997 at 8 00 a m
PACIFIC NORTHWEST TITLE C MPANY
By Mike Sharkey
Title Officer
11/3702C
C00 21 aT1TI MN OT{[Ded ZI 1 P11I 022T CDC 907. Cv4 £T 6I nn,cT'an
r
PACIFIC NORTHWEST TITLE COMPANY OF WASHINGTON INL
1201 Third Avenue Suite 3800
Seattle Washington 98101 (206) 622-1040
SUPPLEMENTAL TITLE REPORT
TO City of Auburn
Engineering Division Your Ref No TR 328942
24 West Main Street Seller VALLEY CENTRE I
Auburn Washington 98001-4998 Mortgagor/Purchaser CI^_° OF AUBURN
Attn Mitch Legal Our Order No 328942
Supplemental No 2
cc Pacific Northwest Title Your Ref No 63039556
116 Washington Avenue N
Kent, Washington 98032
Attn Jean
The following matters affect the property covered by this order
* The following has been added as paragraph 13
13 LABOR AND/OR MATERIAL LIEN
CLAIMED BY Ted F Knapp
AGAINST Martin Smith Real Estate Services
IN AMOUNT OF $105 000 00
RECORDED January 22, 1998
RECORDING NUMBER 9801220325
* Except as to the matters reported hereinabove, the title to the
property covered by this order has NOT been re-examined
Dated as of January 29 1998 at 8 CO a m
PACIFIC NORTHWEST TITLE COMPANY
By Mike Sharkey
Title Officer
11/3102C
6000 ai1TI MN OIJTOed Zi 1IVi] 0££I CPC 90Z red £T'6T OOist/80
EXHIBIT "A"
That portion of Lots 2, 3 and 4, City of Auburn Short Plat Number
SPL-005-97, recorded under Recording Number 9705_40453, in Kina
County, Washington said Short Plat being a portion of Janes A Lake
Donation Claims No 38 and 41 and the Joseph Brannan Donation Claim
No 38 lying east of the following described line
Beginning at the northeast corner of Lot 2 of said Short ?lac;
thence north 88°49'52" west, along the north line of said Lot 2 a
distance of 59 00 feet to the beginning of this line description
thence south 00°51'25" west, along a line 59 00 feet westerly of and
parallel with the east line of said Short Plat to a point on the
south line of said Lot 3, which point bears north 99049' 52" west, a
distance of 59 00 feet from the southeast corner thereof and the end
of this line description
END OF EXHIBIT "A"
LL
S001711 aj1TS AN OTJTDEd ZT ,LINCI 0££T £6£ 90Z SV'i £T tI 00/8T/80
Standard Coverage
PACIFIC NORTHWEST TITLE INSURANCE COMPANY, INC
A L T A OWNER'S POLICY
SCHEDULE A
Order No 328942 Policy No 1093-35 .36
Policy Date March 6 1998 Policy Amount $540, )00 00
at 3 20 p m
1 Name of Insured
CITY OF AUBURN, a municipal corporation
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
CITY OF AUBURN a municipal corporation
4 The land referred to in this Policy is described as follows
That portion of Lots 2, 3 and 4 City of Auburn Short Plat Number
SPL-005-97, recorded under Recording Number 9705140453, in King
County, Washington said Short Plat being a portion of James A Lake
Donation Claims No 38 and 4: and the Joseph Brannan Donat on Claim
No 38, lying ease of the fo__owing described line
Beginning at the northeast corner of Lot 2 of said Short Plat
thence north 88'49 52 west, along the north line of saic Lot 2, a
distance of 59 00 feet to the beginning of this line description;
thence south 00°51' 25" west along a line 59 00 feet westerly of and
parallel with the east line of said Short Plat to a point on the
south line of said Lot 3, which point bears north 138°49' E2" west, a
distance of 59 00 feet from the southeast corner thereof and the end
of this line description
900Z eilT.L ,MN oT;TOEd ZT ,LINK OEET Ett 902 YFd ET 5T 00/8T/80
Standard Coverage
PACIFIC NORTHWEST TITLE INSURANCE COMPANY, INC
A L T A OWNER'S POLICY
SCHEDULE B
Policy No 1093 39236
This policy does not insure against loss or damage by reason 'if the
following
GENERAL EXCEPTIONS
1 Rights or claims of parties in possession not shown by th. 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 hot
shown by the public records
5 Any title or rights asserted by anyone including but not limited to
persons corporations, governments or other entities, to tide lands,
or lands comprising the shores or bottoms of navigable r- aets, lakes
bays, ocean or sound, or lands beyond the line of the harcor lines as
established or changed by the United States Government
6 (a) Unpatented mining claims; (b) reservations or except_ ms in
patents or in Acts authorizing the issuance thereof; (c) cater
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 ga:bage
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)
L002 911T1 AN DT,,ITOed ST ZIN11 0££T £P£ 90Z 163 6T PT 00/ST/S0
Policy No 1093-39236
A L T A OWNER'S POLICY
SCHEDULE B
Page 2
SPECIAL EXCEPTIONS
1 EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING,
BUT NOT LIMITED TO, THE FOLLOWING
GRANTEE The Municipality of Metropolitan
Seattle, its successors and assigns
PURPOSE
Installing constructing operating maintaining, removing,
repairing, replacing, and using a sewer interceptor with all
connections, manholes and appurtenances thereto
AREA AFFECTED Northerly portion of said Lot 2 and
other property
RECORDED September 12, 1974
RECORDING NUMBER 7409120391
2 EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING
BUT NOT LIMITED TO, THE FOLLOWING
GRANTEE The Municipality of Metropolitan
Seattle, its successors and assigns
PURPOSE
Installing, constructing, operating, maintaining, removing,
repairing, replacing and using a flushing well with all connections,
manholes and appurtenances thereto
AREA AFFECTED Northerly portion of said Lot 2 and
other property
RECORDED August 31 1976
RECORDING NUMBER 7608310815
3 EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN INCLUDING
BUT NOT LIMITED TO, THE FOLLOWING
GRANTEE Pacific Northwest Bell Telephone
Company a Washington corporation, its
successors and assigns
PURPOSE
To place construct maintain inspect reconstruct repoir replace
remove and keep obstacles clear from Grantee s facilitie: consiting
of underground communication lines and other appurtnenacrs
(continued)-
S00131 04111 .MN DTAToed gT iicn 0££T CPC 90Z YV4 ri bT 00/RT/80
Policy No 1093-39236
SCHEDULE B
Page 3
AREA AFFECTED North 1C feet of said Lot and other
property
RECORDED December 21, 1984
RECORDING NUMBER 8412210680
4 EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING,
BUT NOT LIMITED TO, THE FOLLOWING
GRANTEE City of Auburn a Washingtin municipal
corporation
PURPOSE
Public access, ingress and egress and constructing, operating,
maintaining and repairing access, utilities, storm drainage
facilities and appurtenances thereto
AREA AFFECTED Southerly portion of said 4ot 3
RECORDED April 3 1997
RECORDING NUMBER 9704030925
5 COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS CONTAINED IN SHORT
PLAT, COPY ATTACHED
RECORDED July 29, 1982
RECORDING NUMBER 8207299002
6 COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS CONTAINED IN LOT
LINE ADJUSTMENT, COPY ATTACHED
RECORDED March 18, 1997
RECORDING NUMBER 9703181099
7 COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS CONTAINED IN SHORT
PLAT COPY ATTACHED
RECORDED May 14, 1997
RECORDING NUMBER 9705140453
8 AGREEMENT AND THE TERMS AND CONDITIONS THEREOF
BY AND BETWEEN The City of Auburn, a municipal
corporation and Valley Centre I,
L L C
DATED September 9 1997
RECORDED November 20, 1997
RECORDING NUMBER 9711201272
REGARDING Storm water system
END OF SCHEDULE B
XX/th/3702C
800P aTIT1 AN DTJTO8d ZT ,LTV[1 OEET CFE 90Z YVd PT PT 00/91/80
The City of Auburn Engineering Division
25 West Main Street
Auburn, Washington 98001-4998
Attention Mitch Legel
Order No 328942
Your Ref TR328942
Enclosed is your Policy for Title Insurance on the above-referenced
transaction
Thank you for the opportunity of serving you We look forward to
working with you again
Mike Sharkey
Senior Title Officer
Unit 12
0T021 012T1 .MN oTSToed ZT SINN 0££T CPC 90Z rid ST PT 00/8T/80
.4611 -..t —____
PACIFIC NORTHWEST TITLE COMPANY OF WASHINGTON, INC.
215 COLUMBIA STREET
SEATTLE, WA 98104
PHONE: (206) 343-1327 FAx: (206) 343-1330
E-MAIL. MIKESHARKEY@PNWT.COM
Q SENDERS NAME: MIKE SHARKEY o
-=.� vriLL$
v�'�• \nom � ~� 1���_•
, vc,„...r..a
'_"'C• PLEASE DELIVER THE FOLLOWING PAGES TO: .
NAME: lAy P14 SCIU Q. r'+ aVI P 253 -931- (4. uo2
COMPANY: (-1417 O F A1/44\34(7- 17
FAx NUMBER: 2- . 3 - ? 31 *&0 7
DATE: d I ` 2---C90 !%
TIME: $ - if .S
TOTAL NUMBER OF PAGES INCLUDING THIS COVER LETTER'. I b
IF YOU DON'T RECEIVE ALL THE PAGES, PLEASE CALL` US AT THE NUMBER NOTED ABOVE
COMMENTS: 1 ' 6'''-e to C G N. ..
Too121 Burl fiN OTiToed Zr IINI HET EEC 90 7, SY'd PS ET 00/RI/SO
PACIFIC NORTHWEST TITLE COMPANY
OF WASHINGTON, INC
1201 Third Avenue, Suite 3800
Seattle, Washington 98101
Senior Title Officer, Mike Sharkey
Title Officer, Diana L Cardenas
Unit No 12
FAX Number 206-343-1330
Telephone Number 206-343-1327
The City of Auburn Engineering Division
25 West Main Street Title Order No 3 3942
Auburn, Washington 98001-4998
Attention Mitch Legel
Customer Ref TR328942
A L T A COMMITMENT
SCHEDULE A
Effective Date December 16 199' at 8 00 a m
1 Policy(ies) to be issued
ALTA Owner's Policy Amount $540, 000 00
Standard (X) Extended ( ) Premium $ 1, 310 00
Tax (8 6%) $ 112 66
PLUS RATE
Proposed Insured
CITY OF AUBURN
NOTE IF EXTENDED COVERAGE FOR OWNERS OR LENDERS WILL BE REQUIRED
FOR A PENDING TRANSACTION, PLEASE NOTIFY US AT LEAST ONE WEEK PRIOR
TO CLOSING SO THAT WE MAY INSPECT THE PREMISES
2 The estate or interest in the land described herein and 'Thich is
covered by this commitment is fee simple
3 The estate or interest referred to herein is at Date of Commitment
vested in
VALLEY CENTRE I L L C a Washington Limited Liability C!mnany
4 The land referred to in this commitment is situated in t e County of
King, State of Washington, and described as follows
As on Schedule A page 2 attached
Z00121 aT311 MN DIJIDed ZT ,LINII OCET £6E 90Z IVd 6S ET 00/81,80
Order No 218942
A L T A COMMITMENT
SCHEDULE A
Pace 2
The land referred to in this commitment is situated in the county of
King, state of Washington and described as follows
Lots 2, 3 and 4, City of Auburn Short Plat Number SPL-00 ■ 97,
recorded under Recording Number 9705140453, in King Count.(,
Washington, said Short Plat being a portion of James A Lake Donation
Claims No 38 and 41 and the Joseph Brannan Donation Clain No 38
END OF SCHEDULE A
NOTE FOR INFORMATIONAL PURPOSES ONLY
The following may be used as an abbreviated legal descriptions on the
documents to be recorded, per amended RCW 65 04 Said abbreviated legal
description is not a substitute for a complete legal descr_p`ion within
the body of the document
Ptn of James A Lake Donation Claims NO 38 and 41 and the Joseph
Brannan Donation Clain No 38
10021 oflTS AN OTUTOad ZT J.INn 0££T CPC 90Z YFd PS CT 00/8T/90
PACIFIC NORTHWEST TITLE COMPANY OF WASHINGTON INC
A L T A COMMITMENT
Schedule B Order No = 28942
The following are the requirements to be complied with
A Instruments necessary to create the estate or interest to be
insured must be properly executed, delivered and du. / filed for
record
B Payment to or for the account of the grantors or mor:gagors of
the full consideration for the estate cr interest to be insured
II Schedule B of the Policy or Policies to be issued (as set forth in
Schedule A) will contain exceptions to the following matters unless
the same are disposed of to the satisfaction of the Company
A Defects liens encumbrances, adverse claims or other matters,
if any created, first appearing in the public records or
attaching subsequent to the effective date hereof but prior to
the date the proposed Insured acquires for value of record the
estate or interest or mortgage thereon covered by this
Commitment
B GENERAL EXCEPTIONS
1 Rights or claims of parties in possession not shown by the
public records
2 Public or private 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 c 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
S Any title or rights asserted by anyone including but not limited
to persons, corporations, governments or other entities 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 Wilted 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 Any service, installation, connection, maintenance, capacity or
construction charges for sewer water electricity Dr garbage
removal
8 General taxes not now payable or matters relating t special
assessments and special levies if any preceding the same
becoming a lien
9 Indian tribal codes or regulations, Indian treaty o: aboriginal
rights, including but not limited to easements or equitable
servitudes
C SPECIAL EXCEPTIONS As on Schedule B attached
60021 8I1T,L NN nT.TTDBd 7.T .Loan OUT E6£ 90X YYd t9 £I 00/8T/80
Order No 2 '.8942
A L T A COMMITMENT
SCHEDULE B
Page 2
SPECIAL EXCEPTIONS
NOTE FOR INFORMATION PURPOSES ONLY
EFFECTIVE JANUARY 1, 1997, AND PURSUANT TO AMENDMENT OF WASHINGTON
STATE STATUTES RELATING TO STANDARDIZATION OF RECORDED DO::UMENTS THE
FOLLOWING FORMAT AND CONTENT REQUIREMENTS MUST BE MET FAILURE TO
COMPLY MAY RESULT IN REJECTION OF THE DOCUMENT BY THE RECORDER
FORMAT
MARGINS TO BE 3 ON TOP OF FIRST PAGE, ON SIDES AND BOTTOM - 1" ON
TOP SIDES AND BOTTOM OP EACH SUCCEEDING PAGE RETURN ADDRESS IS
ONLY ITEM ALLOWED WITHIN SAID 3" MARGIN NOTHING WITHIN 1" MARGINS
FONT SIZE OF 8 POINTS OR LARGER AND PAPER SIZE OF NO MORE THAN
B 1/2" BY 14"
NO ATTACHMENTS ON PAGES SUCH AS STAPLED OR TAPED NOTARY SEALS;
PRESSURE SEALS MUST BE SMUDGED
INFORMATION WHICH MUST APPEAR ON THE FIRST PAGE
RETURN ADDRESS, WHICH MAY APPEAR WITHIN THE UPPER LEFT HAND 3"
MARGIN
TITLE OR TITLES OF DOCUMENT
IF ASSIGNMENT OR RECONVEYANCE, REFERENCE TO RECORDING NUMBER OF
SUBJECT DEED OF TRUST
NAMES OF GRANTOR(S) AND GRANTEE(S) WITH REFERENCE TO ADDITIONAL NAMES
ON FOLLOWING PACES IF ANY
ABBREVIATED LEGAL DESCRIPTION (LOT, BLOCK, PLAT NAME, OR SECTION,
TOWNSHIP, RANGE AND QUARTER QUARTER SECTION FOR UNPLATTED)
ASSESSOR'S TAX PARCEL NUMBER(S)
(continued)
5002 BIlT,L .MN OIJTDEd Z1 .LINII 0££1 £6£ 90Z XVd SE £T 00/8T/80
Order No 3'.8942
A L T A COMMITMENT
SCHEDULE B
Page 3
SPECIAL EXCEPTIONS (continued)
1 EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN INCLUDING
BUT NOT LIMITED TO, THE FOLLOWING
GRANTEE The Municipality of Metropolitan
Seattle its successors an' assigns
PURPOSE
Installing, constructing, operating maintaining removin3
repairing, replacing and using a sewer interceptor with all
connections manholes and appurtenances thereto
AREA AFFECTED Northerly portion of said Lot 2 and
other property
RECORDED September 12, 1974
RECORDING NUMBER 7409/20391
2 EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING
BUT NOT LIMITED TO, THE FOLLOWING
GRANTEE The Municipality of Metrorolitan
Seattle its successors and assigns
PURPOSE
Installing, constructing, operating, maintaining, removing,
repairing, replacing and using a flushing well with all connections,
manholes and appurtenances thereto
AREA AFFECTED Northerly portion of said Lot 2 and
other property
RECORDED August 31, 1976
RECORDING NUMBER 7609310915
3 EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN INCLUDING,
BUT NOT LIMITED TO, THE FOLLOWING
GRANTEE Pacific Northwest Bell Telephone
Company, a Washington cor) oration, its
successors and assigns
PURPOSE
To place, construct maintain, inspect, reconstruct repair replace
remove and keep obstacles clear from Grantee's facilitie- consiting
of underground communication lines and other appurtnenac s
AREA AFFECTED North 10 feet of said Lot 2 and other
property
(continued)
9002I 9114,E MN 01.1Pud ZI IINH 0E£l £4£ 90U lId SS £l 00/8[/80
Order No 3 8942
A L T A COMMITMENT
SCHEDULE B
Page 4
RECORDED December 21 1984
RECORDING NUMBER 84122106 60
4 AN EASEMENT AFFECTING THE PORTION OF SAID PREMISES AND FO? THE
PURPOSES STATED THEREIN, INCLUDING BUT NOT LIMITED TO TIE
FOLLOWING
IN FAVOR OF The City of Auburn a muni :ipal
corporation
FOR Sidewalk and utility purposes
DISCLOSED BY INSTRUMENT
RECORDED December 16, 1985
RECORDING NUMBER 8512161003
AFFECTS A portion of said Lot 3
5 EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN INCLUDING,
BUT NOT LIMITED TO, THE FOLLOWING
GRANTEE City of Auburn a Washington municipal
corporat_on
PURPOSE
Public access, ingress and egress and constructing, operating,
maintaining and repairing access, utilities storm drainage
facilities and appurtenances thereto
AREA AFFECTED Southerly portion of said Lot 3
RECORDED April 3, 1997
RECORDING NUMBER 9704030925
6 COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS CONTAINED IN SHORT
PLAT, COP' ATTACHED
RECORDED July 29, 1982
RECORDING NUMBER 8207299002
7 COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS CONTAINED IN LOT
LINE ADJUSTMENT, COPY ATTACHED
RECORDED March 18 1997
RECORDING NUMBER 97031810;9
8 COVENANTS CONDITIONS RESTRICTIONS AND EASEMENTS CONTAINED IN SHORT
PLAT, COPY ATTACHED
RECORDED May 14 1997
RECORDING NUMBER 9705140453
(continued)
L00 91111 %N DIJIDed ZT 11N9 MI 84C 90Z Did 95 £I 00/81/80
Order No 28942
A L T A COMMITMENT
SCHEDULE B
Page 5
9 AGREEMENT AND THE TERMS AND CONDITIONS THEREOF
BY AND BETWEEN The City of Auburn, a mun_ sipal
corporat_on and Valley Centre I,
L L C
DATED September 9, 1997
RECORDED November 20, 1997
RECORDING NUMBER 9711201272
REGARDING Storm water system
10 DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF
GRANTOR Valley Centre 1 L L C a dashington
limited liability company
TRUSTEE Rainier Credit Company
BENEFICIARY Bank of America National Trust and
Savings Association
AMOUNT $4, 100,000 00
DATED June 23, 1997
RECORDED July 3, 1997
RECORDING NUMBER 9707030637
The amount now secured by said Deed of Trust and the terms upon which
the same can be discharged or assumed should be ascertained from the
holder of the indebtedness secured
11 Evidence of the identity and authority of the officers of Valley
Centre I L L C , a Washington limited liability company to execute
the forthcoming instrument must be submitted
12 Payment of Real Estate Excise Tax, if required
The property described herein is situated within the boundaries of
local taxing authority of City of Auburn
Present Rate of Real Estate Excise Tax as of the date herein is
1 78%
NOTE _ Upon notification of cancellation, there will be a minimum
cancellation fee of $50 00 plus tax of $4 30
(continued)
900Z) 9[11j AN D[l[Ded Zr LINa 0££r £6£ 90Z Yid 9S £r 00/81/80
Order No 3 8942
A L T A COMMITMENT
SCHEDULE B
Page 6
NOTE 2 GENERAL AND SPECIAL TAXES AND CHARGES, PAID IN FULL
YEAR 1997
TAX ACCOUNT NUMBER 000080-0055-07
LEVY CODE 0140
AFFECTS Lot 2
CURRENT ASSESSED VALUE Land $205, 800 OC
Improvements NONE
GENERAL TAXES
AMOUNT BILLED $3,059 95
AMOUNT PAID $3, 059 95
NOTE 3 GENERAL AND SPECIAL TAXES AND CHARGES, PAID IN FULL
YEAR 1997
TAX ACCOUNT NUMBER 000080-0036-01
LEVY CODE 0140
AFFECTS Lot 3
CURRENT ASSESSED VALUE Land $245, 500 00
Improvements NONE
GENERAL TAXES
AMOUNT BILLED $3,650 24
AMOUNT PAID $3, 650 24
SPECIAL DISTRICT
AMOUNT BILLED $1 25
AMOUNT PAID 51 25
(continued)
60012 9[111 AN 3IJIDBd Zl JA N[1 0££I E6£ 90Z Xtld 92 £l 00/81/80
Order No 218942
A L T A COMMITMENT
SCHEDULE B
Page 7
NOTE 4 GENERAL AND SPECIAL TAXES AND CHARGES, PAID IN FULL
YEAR 1997
TAX ACCOUNT NUMBER 000080-0056-06
LEVY CODE 0140
AFFECTS Lot 4
CURRENT ASSESSED VALUE Land $50 300 00
Improvements NONE
GENERAL TAXES
AMOUNT BILLED $747 89
AMOUNT PAID $747 89
END OF SCHEDULE B
Title to this property was examined by
Allan Knight
Any inquiries should be directed to one of the title officer= set forth
in Schedule A
cc Pacific Northwest Title Escrow/Kent/Attu Sean/Ref 6339556
AFK/can/3702C
OTO IJ 0T111 AN oTSTOnd ZT LINfl 0££T EYE 90Z YVd 9S £T 00/8T/80
The City of Auburn Engineering Division
25 West Main Street
Auburn, Washington 98001-4998
Attention Mitch Legel
Order No 328942
Your Ref TR328942
Please find enclosed a copy of a Commitment for Title Insuran:e on the
above referenced transaction, as requested
Thank you for the opportunity to serve you Pacific Northwest_ Title
Company of Washington, Inc takes great pride in the service and customer
satisfaction we are able to provide our customers If we can answer any
questions or provide further assistance, please feel free to ::all
Mike Sharkey
Senior Title Officer
Unit 12
HOOT eT1T1. .MN OT.TDed ZT ,LIVf1 0££T CPC 90Z WA L9 £T 00/81/80