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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 5 6 WHEREAS, the FAA has established the Obstacle Free Area 7 (OFA) as a means of maintaining safe aircraft operations, and 8 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 12 WHEREAS, the Auburn Municipal Airport has a need to 13 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 18 office/industrial uses creating a need to acquire the land 19 before development is completed; and 20 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 24 25 26 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 19 20 21 22 23 24 25 26 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 22 23 24 25 26 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