HomeMy WebLinkAboutEx14_Title_ReportORT Form 5314 WA | CLTA Guarantee Form No. 28 –Condition of Title Guarantee (06-05-14)
Order No.
5207175684
Ref No.
SEGALE PROPERTIES LLC
Guarantee No.
A46014-CTG-216649
CONDITION OF TITLE GUARANTEE
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, AND THE GUARANTEE CONDITIONS ATTACHED HERETO AND MADE A
PART OF THIS GUARANTEE, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Florida corporation, herein called the
Company
GUARANTEES
the Assured named in Schedule A of this Guarantee against loss or damage not exceeding the Amount of Liability stated in
Schedule A sustained by the Assured by reason of any incorrectness in the Assurances set forth in Schedule A.
Dated: March 5th, 2021 at 8:00:00 AM
Countersigned:
By
Validating Officer
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
A Stock Company
400 Second Avenue South, Minneapolis, Minnesota 55401
(612) 371-1111
EXHIBIT 14
RECEIVED
Clark Close 08/18/2023
PLANNING DIVISION
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OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
ORT Form 5314 WA | CLTA Guarantee Form No. 28 –Condition of Title Guarantee Schedule A (06-05-14)
Schedule A
Order No.5207175684
Ref. No.SEGALE PROPERTIES LLC
Guarantee No.A46014-CTG-216649
Liability $1,000.00
Date of Guarantee March 5th, 2021 at 8:00:00 AM
Fee $667.00
1. Name of Assured:
PUBLIC WORKS DEPARTMENT –SURFACE WATER UTILITY
2. The estate or interest in the Land which is covered by this Guarantee is:
Fee Simple
3. The Land referred to in this Guarantee is situated in the County of King, City of Renton,State of Washington, and is
described as follows:
The East half of the Northeast quarter of the Northwest quarter of Section 16, Township 23 North, Range 5
East, W.M., records of King County,
EXCEPT the North 330 feet;
AND EXCEPT the East 30 feet conveyed to the City of Renton right of way by deed recorded under Recording
No. 7809071074;
AND EXCEPT all coal and minerals and the right to explore for and mine the same as reserved by deed
recorded under Recording No. 3875580.
SITUATE in the County of King, State of Washington
4. ASSURANCES:
According to the Public Records as of the Date of Guarantee,
a.Title to the estate or interest in the Land is vested in:
LA PIANTA LIMITED PARTNERSHIP, a Washington limited partnership
b. Title to the estate or interest is subject to defects, liens or encumbrances shown in Schedule B which are not necessarily
shown in the order of their priority.
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OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
ORT Form 5314 WA | CLTA Guarantee Form No. 28 –Condition of Title Guarantee Schedule B (06-05-14)
Schedule B
Order No.5207175684
Ref. No.SEGALE PROPERTIES LLC
Guarantee No.A46014-CTG-216649
Liability $1,000.00
Date of Guarantee March 5th, 2021 at 8:00:00 AM
Fee $667.00
1.Rights of parties in possession and claims that may be asserted under unrecorded
instruments, if any.
2.An easement affecting that portion of said land and for the purposes stated herein and
incidental purposes as provided in the following
Granted To :Puget Sound Power and Light Company, a Washington corporation
For :Transmission line
Recorded :in Official Records under Recording Number 2571770
3.An easement affecting that portion of said land and for the purposes stated herein and
incidental purposes as provided in the following
Granted To :Puget Sound Power and Light Company, a Washington corporation
For :Transmission line
Recorded :in Official Records under Recording Number 3425304
Partial Release of Easement recorded May 28, 1975 in Official Records under
Recording Number 7505280727.
4.A reservation of all oil, gases, coals, ores, minerals, fossils, etc., the right of entry for
opening, developing and working the same, and to acquire rights-of-way for private
railroads, skid roads, flumes, canals, water courses or other easements for transporting and
moving timber, stone, minerals and other products from this and other land by State of
Washington, by document recorded in Official Records under Recording Number 3875580
together with the appurtenant rights to use the surface of the land. The Company makes no
representation as to the present ownership of this interest.
A slope easement as follows:
Instrument :Deed
5.
Recorded :September 7, 1978 in Official Records under Recording Number
7809071074
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OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
ORT Form 5314 WA | CLTA Guarantee Form No. 28 –Condition of Title Guarantee Schedule B (06-05-14)
6.Covenants, Conditions and Restrictions, but omitting any covenants or restrictions if any,
based upon race, color, religion, sex, handicap, familial status, or national origin unless and
only to the extent that said covenant (a) is exempt under Title 42, Section 3607 of the
United States Code or (b) relates to handicap but does not discriminate against handicapped
persons, as provided in an instrument.
Recorded :June 9, 1983 in Official Records under Recording Number
8306090718
7.Terms and provisions as contained in an instrument,
Entitled :Survey
Recorded :April 15, 1988 in Official Records under Recording Number
8804159008
Which, among other things, provides:Approximate location of easements
8.Agreement for :Temporary Easement for Surface Water Drainage Overflow and
Agreement
Executed By :La Pianta Limited Partnership, a Washington limited partnership
and Between :City of Renton, a municipal corporation
On the terms, covenants and conditions contained therein,
Dated :November 21, 1996
Recorded :December 12, 1996 in Official Records under Recording Number
9612120153
Amendment to Temporary Easement for Surface Water Drainage Overflow and
Agreement recorded in Official Records under Recording Numbers 20060602001486,
20070928000176, 20101102000932, 20110322000779 and 20180702000852.
9.An easement affecting that portion of said land and for the purposes stated herein and
incidental purposes as provided in the following
Granted To :Puget Sound Energy, Inc., a Washington corporation
For :To construct, operate, maintain, repair, replace, improve, remove,
upgrade and extend one or more utility systems for purposes of
transmission, distribution and sale of electricity
Recorded :October 15, 2015 in Official Records under Recording Number
20151015000515
Affects :The South 15 feet of the East 15 feet
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OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
ORT Form 5314 WA | CLTA Guarantee Form No. 28 –Condition of Title Guarantee Schedule B (06-05-14)
10.GENERAL TAXES, PLUS INTEREST AND PENALTY AFTER DELINQUENT; 1ST HALF DELINQUENT
ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1:
Year :2021
Amount Billed :$3,286.67
Amount Paid :$0.00
Tax Account No.:162305-9059-01
Levy Code :2100
Assessed Valuation
Land :$294,000.00
Improvements :$0.00
NOTE: The last recorded transfer or agreement to transfer the land described herein is as
follows:
11.
Recorded :February 29, 1996 in Official Records under Recording Number
9602291883
And re-recorded October 28, 2002 in Official Records under Recording Number
20021028002594.
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CLTA Guarantee Exclusions and Conditions (Rev 06-05-14)
EXCLUSIONS FROM COVERAGE (Revised 06-05-14)
Except as expressly provided by the assurances in Schedule A, the Company assumes no liability for loss or damage by reason of
the following:
(a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of
the Land.
(b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the Public Records
(1) that are created, suffered, assumed or agreed to by one or more of the Assureds; or
(2) that result in no loss to the Assured.
(c) Defects, liens, encumbrances, adverse claims or other matters not shown by the Public Records.
(d) The identity of any party shown or referred to in any of the schedules of this Guarantee.
(e) The validity, legal effect or priority of any matter shown or referred to in any of the schedules of this Guarantee.
(f) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or,
(2) proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether
or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the Public Records.
(g) (1) Unpatented mining claims;
(2) reservations or exceptions in patents or in Acts authorizing the issuance thereof;
(3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the
Public Records.
GUARANTEE CONDITIONS
1. DEFINITION OF TERMS
The following terms when used in the Guarantee mean:
(a) "the Assured": the party or parties named as the
Assured in this Schedule A, or on a supplemental writing
executed by the Company.
(b) "Land": the Land described or referred to in Schedule A,
and improvements affixed thereto which by law constitute real
property. The term "land" does not include any property
beyond the lines of the area described or referred to in
Schedule A, nor any right, title, interest estate or easement in
abutting streets, roads, avenues, alleys, lanes, ways or
waterways.
(c) "Mortgage": mortgage, deed of trust, trust deed, or
other security instrument.
(d) "Public Records": those records established under state
statutes at Date of Guarantee for the purpose of imparting
constructive notice of matters relating to real property to
purchasers for value and without knowledge.
(e)"Date of Guarantee": the Date of Guarantee set forth in
Schedule A.
(f)“Amount of Liability”:the Amount as stated in
Schedule A.
2. NOTICE OF CLAIM TO BE GIVEN BY ASSURED
An Assured shall notify the Company promptly in writing in case
knowledge shall come to the Assured of any assertion of facts,
or claim of title or interest that is contrary to the assurances set
forth in Schedule A and that might cause loss or damage for
which the Company may be liable under this Guarantee. If
prompt notice shall not be given to the Company, then all
liability of the Company shall terminate with regard to the
matter or matters for which prompt notice is required; provided,
however, that failure to notify the Company shall in no case
prejudice the rights of the Assured under this Guarantee unless
the Company shall be prejudiced by the failure and then only to
the extent of the prejudice.
3. NO DUTY TO DEFEND OR PROSECUTE
The Company shall have no duty to defend or prosecute any
action or proceeding to which the Assured is a party,
notwithstanding the nature of any allegation in such action or
proceeding.
4. COMPANY’S OPTION TO DEFEND OR PROSECUTE
ACTIONS; DUTY OF ASSURED TO COOPERATE
Even though the Company has no duty to defend or prosecute
as set forth in Paragraph 3 above:
(a) The Company shall have the right, at its sole option and
cost, to institute and prosecute any action or proceeding,
interpose a defense, as limited in Paragraph 4(b), or to do any
other act which in its opinion may be necessary or desirable to
establish the correctness of the assurances set forth in
Schedule A or to prevent or reduce loss or damage to the
Assured. The Company may take any appropriate action
under the terms of this Guarantee, whether or not it shall be
liable hereunder, and shall not thereby concede liability or
waive any provision of this Guarantee. If the Company shall
exercise its rights under this paragraph, it shall do so
diligently.
(b) If the Company elects to exercise its options as stated in
Paragraph 4(a) the Company shall have the right to select
counsel of its choice (subject to the right of the Assured to
object for reasonable cause) to represent the Assured and
shall not be liable for and will not pay the fees of any other
counsel, nor will the Company pay any fees, costs or expenses
incurred by an Assured in the defense of those causes of
action which allege matters not covered by this Guarantee.
(c) Whenever the Company shall have brought an action or
interposed a defense as permitted by the provisions of this
Guarantee, the Company may pursue any litigation to final
determination by a court of competent jurisdiction and
expressly reserves the right, in its sole discretion, to appeal
from an adverse judgment or order.
DocuSign Envelope ID: 00997718-9B11-4D89-AD86-5EF6CC7CC14C
CLTA Guarantee Exclusions and Conditions (Rev 06-05-14)
GUARANTEE CONDITIONS (Continuation)
(d) In all cases where this Guarantee permits the Company to
prosecute or provide for the defense of any action or
proceeding, the Assured shall secure to the Company the right
to so prosecute or provide for the defense of any action or
proceeding, and all appeals therein, and permit the Company to
use, at its option, the name of such Assured for this purpose.
Whenever requested by the Company, the Assured, at the
Company’s expense, shall give the Company all reasonable aid
in any action or proceeding, securing evidence, obtaining
witnesses, prosecuting or defending the action or lawful act
which in the opinion of the Company may be necessary or
desirable to establish the correctness of the assurances set
forth in Schedule A or to prevent or reduce loss or damage to
the Assured.If the Company is prejudiced by the failure of the
Assured to furnish the required cooperation, the Company’s
obligations to the Assured under the Guarantee shall terminate.
5. PROOF OF LOSS OR DAMAGE
(a) In the event the Company is unable to determine the
amount of loss or damage, the Company may, at its option,
require as a condition of payment that the Assured furnish a
signed proof of loss. The proof of loss must describe the
defect, lien, encumbrance, or other matter that constitutes the
basis of loss or damage and shall state, to the extent possible,
the basis of calculating the amount of the loss or damage.
(b) In addition, the Assured may reasonably be required to
submit to examination under oath by any authorized
representative of the Company and shall produce for
examination, inspection and copying, at such reasonable times
and places as may be designated by any authorized
representative of the Company, all records, books, ledgers,
checks, correspondence and memoranda, whether bearing a
date before or after Date of Guarantee, which reasonably
pertain to the loss or damage. Further, if requested by any
authorized representative of the Company, the Assured shall
grant its permission, in writing, for any authorized
representative of the Company to examine, inspect and copy all
records, books, ledgers, checks, correspondence and
memoranda in the custody or control of a third party, which
reasonably pertain to the loss or damage. All information
designated as confidential by the Assured provided to the
Company pursuant to this paragraph shall not be disclosed to
others unless, in the reasonable judgment of the Company, it is
necessary in the administration of the claim. Failure of the
Assured to submit for examination under oath, produce other
reasonably requested information or grant permission to secure
reasonably necessary information from third parties as required
in the above paragraph, unless prohibited by law or
governmental regulation, shall terminate any liability of the
Company under this Guarantee to the Assured for that claim.
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS:
TERMINATION OF LIABILITY
In case of a claim under this Guarantee, the Company shall
have the following additional options:
(a) To pay or tender payment of the Amount of Liability
together with any costs, attorneys’ fees, and expenses incurred
by the Assured that were authorized by the Company
up to the time of payment or tender of payment and that the
Company is obligated to pay.
(b) To pay or otherwise settle with the Assured any claim
assured against under this Guarantee. In addition, the
Company will pay any costs, attorneys' fees, and expenses
incurred by the Assured that were authorized by the Company
up to the time of payment or tender of payment and that the
Company is obligated to pay; or
(c) To pay or otherwise settle with other parties for the loss or
damage provided for under this Guarantee, together with any
costs, attorneys’ fees, and expenses incurred by the Assured
that were authorized by the Company up to the time of
payment and that the Company is obligated to pay.
Upon the exercise by the Company of either of the options
provided for in 6 (a), (b) or (c) of this paragraph the
Company’s obligation to the Assured under this Guarantee for
the claimed loss or damage, other than the payments required
to be made, shall terminate, including any duty to continue
any and all litigation initiated by the Company pursuant to
Paragraph 4.
7. LIMITATION OF LIABILITY
(a) This Guarantee is a contract of Indemnity against actual
monetary loss or damage sustained or incurred by the Assured
claimant who has suffered loss or damage by reason of reliance
upon the assurances set forth in Schedule A and only to the
extent herein described, and subject to the Exclusions From
Coverage of this Guarantee.
(b) If the Company, or the Assured under the direction of the
Company at the Company’s expense, removes the alleged
defect, lien or, encumbrance or cures any other matter assured
against by this Guarantee in a reasonably diligent manner by
any method, including litigation and the completion of any
appeals therefrom, it shall have fully performed its obligations
with respect to that matter and shall not be liable for any loss
or damage caused thereby.
(c) In the event of any litigation by the Company or with the
Company’s consent, the Company shall have no liability for loss
or damage until there has been a final determination by a court
of competent jurisdiction, and disposition of all appeals
therefrom.
(d) The Company shall not be liable for loss or damage to the
Assured for liability voluntarily assumed by the Assured in
settling any claim or suit without the prior written consent of
the Company.
8. REDUCTION OF LIABILITY OR TERMINATION OF
LIABILITY
All payments under this Guarantee, except payments made for
costs, attorneys' fees and expenses pursuant to Paragraph 4
shall reduce the Amount of Liability under this Guarantee pro
tanto.
9. PAYMENT OF LOSS
(a) No payment shall be made without producing this
Guarantee for endorsement of the payment unless the
Guarantee has been lost or destroyed, in which case proof of
loss or destruction shall be furnished to the satisfaction of the
Company.
DocuSign Envelope ID: 00997718-9B11-4D89-AD86-5EF6CC7CC14C
CLTA Guarantee Exclusions and Conditions (Rev 06-05-14)
GUARANTEE CONDITIONS (Continuation)
(b) When liability and the extent of loss or damage has been
definitely fixed in accordance with these Conditions, the loss or
damage shall be payable within thirty (30) days thereafter.
10. SUBROGATION UPON PAYMENT OR SETTLEMENT
Whenever the Company shall have settled and paid a claim
under this Guarantee, all right of subrogation shall vest in the
Company unaffected by any act of the Assured claimant.
The Company shall be subrogated to and be entitled to all
rights and remedies which the Assured would have had against
any person or property in respect to the claim had this
Guarantee not been issued. If requested by the Company, the
Assured shall transfer to the Company all rights and remedies
against any person or property necessary in order to perfect
this right of subrogation. The Assured shall permit the
Company to sue, compromise or settle in the name of the
Assured and to use the name of the Assured in any transaction
or litigation involving these rights or remedies.
If a payment on account of a claim does not fully cover the loss
of the Assured the Company shall be subrogated to all rights
and remedies of the Assured after the Assured shall have
recovered its principal, interest, and costs of collection.
11. LIABILITY LIMITED TO THIS GUARANTEE;
GUARANTEE ENTIRE CONTRACT
(a) This Guarantee together with all endorsements, if any,
attached hereto by the Company is the entire Guarantee and
contract between the Assured and the Company. In
interpreting any provision of this Guarantee, this Guarantee
shall be construed as a whole.
(b) Any claim of loss or damage, whether or not based on
negligence, or any action asserting such claim, shall be
restricted to this Guarantee.
(c) No amendment of or endorsement to this Guarantee can
be made except by a writing endorsed hereon or attached
hereto signed by either the President, a Vice President, the
Secretary, an Assistant Secretary, or validating officer or
authorized signatory of the Company.
12. SEVERABILITY
In the event any provision of this Guarantee, in whole or in
part, is held invalid or unenforceable under applicable law,
the Guarantee shall be deemed not to include that provision
or such part held to be invalid, but all other provisions shall
remain in full force and effect.
13. CHOICE OF LAW; FORUM
(a) Choice of Law: The Assured acknowledges the Company
has underwritten the risks covered by this Guarantee and
determined the premium charged therefor in reliance upon the
law affecting interests in real property and applicable to the
interpretation, rights, remedies, or enforcement of Guaranties
of the jurisdiction where the Land is located. Therefore, the
court or an arbitrator shall apply the law of the jurisdiction
where the Land is located to determine the validity of claims
that are adverse to the Assured and to interpret and enforce
the terms of this Guarantee. In neither case shall the court or
arbitrator apply its conflicts of law principles to determine the
applicable law.
(b) Choice of Forum: Any litigation or other proceeding
brought by the Assured against the Company must be filed
only in a state or federal court within the United States of
America or its territories having appropriate jurisdiction.
14. NOTICES, WHERE SENT
All notices required to be given the Company and any
statement in writing required to be furnished the Company
shall include the number of this Guarantee and shall be
addressed to the Company at the office which issued this
Guarantee or to the Company at 400 Second Avenue South,
Minneapolis, Minnesota 55401-2499, (612) 371-1111.
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