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HomeMy WebLinkAboutL_Title_Report_240711_v1.PDFSUBDIVISION Guarantee/Certificate Number: Issued By: SECOND GUARANTEE 242285-SC Subdivision Guarantee/Certificate Printed: 07.11.24 @ 10:18 AM Page 1 WA-CT-FBCM-02150.622476-SPS-1-24-242285-SC CHICAGO TITLE INSURANCE COMPANY a corporation, herein called the Company GUARANTEES Sitts & Hill Engineers, Inc. herein called the Assured, against actual loss not exceeding the liability amount stated in Schedule A which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1.No guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. 2.The Company’s liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company’s liability exceed the liability amount set forth in Schedule A. Please note carefully the liability exclusions and limitations and the specific assurances afforded by this guarantee. If you wish additional liability, or assurances other than as contained herein, please contact the Company for further information as to the availability and cost. Chicago Title Company of Washington 701 5th Avenue, Suite 2700 Seattle, WA 98104 Chicago Title Insurance Company By: Countersigned By: Joe Knipp Authorized Officer or Agent Michael J. Nolan, President Attest: Marjorie Nemzura, Secretary Subdivision Guarantee/Certificate Printed: 07.11.24 @ 10:18 AM Page 2 WA-CT-FBCM-02150.622476-SPS-1-24-242285-SC CHICAGO TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. SECOND GUARANTEE 242285-SC ISSUING OFFICE: Title Officer: Adam Miller Chicago Title Company of Washington 701 5th Avenue, Suite 2700 Seattle, WA 98104 Phone: 206-593-0591 Fax: 866-671-3908 Main Phone: (206)628-5610 Email: TeamTacoma@ctt.com SCHEDULE A Liability Premium Tax $1,000.00 $550.00 $56.93 Effective Date: July 2, 2024 at 08:00 AM The assurances referred to on the face page are: That, according to those public records which, under the recording laws, impart constructive notice of matter relative to the following described property: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Title to said real property is vested in: Rex Ballestrasse, as his separate estate, as to that portion of said premises lying within the property described in Quit Claim Deed recorded under recording no. 8503151004, and portions of vacated street and alley adjoining, which attached by operation of law; and Roy Ballestrasse, Rex Ballestrasse and Gloria Ballestrasse, each as their respective separate estates, as their interests may appear subject to the matters shown below under Exceptions, which Exceptions are not necessarily shown in the order of their priority. END OF SCHEDULE A EXHIBIT "A" Legal Description Subdivision Guarantee/Certificate Printed: 07.11.24 @ 10:18 AM Page 3 WA-CT-FBCM-02150.622476-SPS-1-24-242285-SC Parcel A: Lots 13 through 20, inclusive, and Lots 38 through 43, inclusive, Block 17, C. D. Hillman's Earlington Gardens Addition to the City of Seattle, Division No. 1, according to the plat thereof recorded in Volume 17 of Plats, Page 74, in King County, Washington; Except any portion thereof conveyed to the State of Washington for Primary State Highway No. 1 by deeds recorded under Recording Number 5418722 and Recording Number 5424488; Together with those portions of vacated S.W. 12th Street adjoining on the North, those portions of vacated S.W. 13th Street adjoining on the South and that portion of the vacated alley in said Block 17 which attached thereto by operation of law pursuant to City of Renton Ordinance Nos. 4668 and 4683, recorded under Recording Number 9707150313 and Recording Number 9711200390. Parcel B: Lots 33 through 37, inclusive, Block 17, C. D. Hillman's Earlington Gardens Addition to the City of Seattle, Division No. 1, according to the plat thereof recorded in Volume 17 of Plats, Page 74, in King County, Washington; Together with that portion of vacated Southwest 13th Street adjoining, and that portion of vacated alley adjoining on the North, which, upon vacation attached to said property by operation of law pursuant to City of Renton Ordinance No. 4668, recorded under Recording Number 9707150313. CHICAGO TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. SECOND GUARANTEE 242285-SC SCHEDULE B Subdivision Guarantee/Certificate Printed: 07.11.24 @ 10:18 AM Page 4 WA-CT-FBCM-02150.622476-SPS-1-24-242285-SC GENERAL EXCEPTIONS H. Reservations and exceptions in United States Patents or in Acts authorizing the issuance thereof. SPECIAL EXCEPTIONS 1.Right of the Seattle Electric Company (now Puget Sound Energy, Inc.) to divert the water running in the ditch or ditches, located on said plat of C. D. Hillman's Earlington Gardens Addition to the City of Seattle, Division No. 1, into a ditch along the pole line right of way of said company, granted by instrument: Recorded:July 8, 1909 Recording No.:624312 2.Relinquishment of access to State Highway Number 1 and of light, view and air by Deed: Grantee:State of Washington Recording Date:April 27, 1962 Recording No.:5418722 3.Relinquishment of access to State Highway Number 1 and of light, view and air by Deed: Grantee:State of Washington Recording Date:May 10, 1962 Recording No.:5424488 Affects:Portion of Parcel A 4.Joint Easement and Road Maintenance Agreement and the terms and conditions thereof: Executed by:M&M Ventures, L.L.C., a Washington limited liability company; James P. Pierre and Barbara Lynn Pierre, husband and wife; Arthur Ballestrasse and Edith Ballestrasse, as Trustees of the Ballestrasse Revocable Trust, under Declaration of Trust dated June 16, 1994; and Rex Ballestrasse Recording Date:June 18, 1997 Recording No.:9706181092 Affects:Portion of said premises 5.Easement(s) for the purpose(s) shown below and rights incidental thereto, as reserved in a document: Reserved by:City of Renton in Ordinance No. 4668 Purpose:Utilities and utility pipelines together with the right of ingress and egress Recording Date:July 15, 1997 Recording No.:9707150313 Affects:Portions of said premises as described and delineated in document CHICAGO TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. SECOND GUARANTEE 242285-SC SCHEDULE B (continued) Subdivision Guarantee/Certificate Printed: 07.11.24 @ 10:18 AM Page 5 WA-CT-FBCM-02150.622476-SPS-1-24-242285-SC 6.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to:Puget Sound Energy, Inc., a Washington corporation Purpose:One or more electric transmission and/or distribution lines together with all necessary or convenient appurtenances Recording Date:October 28, 1997 Recording No.:9710280517 Affects:A portion of Parcel A 7.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to:Puget Sound Energy, Inc., a Washington corporation Purpose:One or more electric transmission and/or distribution lines together with all necessary or convenient appurtenances Recording Date:October 28, 1997 Recording No.:9710280519 Affects:Vacated 12th Street 8.Easement(s) for the purpose(s) shown below and rights incidental thereto, as reserved in a document: Reserved by:City of Renton in Ordinance No. 4683 Purpose:Utilities and utility pipelines together with the right of ingress and egress Recording Date:November 20, 1997 Recording No.:9711200390 Affects:Vacated portion of SW 12th Street 9.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to:City of Renton, a municipal corporation Purpose:Utilities and utility pipelines together with the right of ingress and egress Recording Date:June 9, 1998 Recording No.:9806091338 Affects:A portion of said premises as described and delineated in document 10.Any rights, interests or claims which may exist or arise by reason of the following matters disclosed by survey made by Gary D. Letzring, R.P.L.S. #38013, Sitts & Hill Engineers, Inc., dated July 15, 2019, as Project No. 18411, and company inspection dated July 27, 2023: Matters shown: A) Fences do not conform to boundary lines; B) Retaining wall and edge of gravel not conforming to Easterly property lines. 11.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to:Puget Sound Energy, Inc. Purpose:Electric transmission and/or distribution system Recording Date:March 20, 2024 Recording No.:20240320000211 Affects:Lots 18, 19 & 20 of Parcel A CHICAGO TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. SECOND GUARANTEE 242285-SC SCHEDULE B (continued) Subdivision Guarantee/Certificate Printed: 07.11.24 @ 10:18 AM Page 6 WA-CT-FBCM-02150.622476-SPS-1-24-242285-SC 12.General and special taxes and charges, payable February 15, delinquent if first half unpaid on May 1, second half delinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties): Year:2024 Tax Account No.:334040-2805 Levy Code:2100 Assessed Value-Land: $233,000.00 Assessed Value-Improvements:$0.00 General and Special Taxes: Billed:$2,844.25 Paid:$1,422.13 Unpaid:$1,422.12 Affects:Lots 18, 19 and 20 of Parcel A 13.General and special taxes and charges, payable February 15, delinquent if first half unpaid on May 1, second half delinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties): Year:2024 Tax Account No.:334040-2780 Levy Code:2100 Assessed Value-Land: $852,100.00 Assessed Value-Improvements:$0.00 General and Special Taxes: Billed:$8,983.28 Paid:$4,491.64 Unpaid:$4,491.64 Affects:Lots 13 through 17, of Parcel A 14.General and special taxes and charges, payable February 15, delinquent if first half unpaid on May 1, second half delinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties): Year:2024 Tax Account No.:334040-2880 Levy Code:2100 Assessed Value-Land: $235,000.00 Assessed Value-Improvements:$0.00 General and Special Taxes: Billed:$2,729.27 Paid:$1,364.64 Unpaid:$1,364.63 Affects:Lots 38 through 41 of Parcel A CHICAGO TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. SECOND GUARANTEE 242285-SC SCHEDULE B (continued) Subdivision Guarantee/Certificate Printed: 07.11.24 @ 10:18 AM Page 7 WA-CT-FBCM-02150.622476-SPS-1-24-242285-SC 15.General and special taxes and charges, payable February 15, delinquent if first half unpaid on May 1, second half delinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties): Year:2024 Tax Account No.:334040-2885 Levy Code:2100 Assessed Value-Land: $917,500.00 Assessed Value-Improvements:$0.00 General and Special Taxes: Billed:$9,656.49 Paid:$4,828.25 Unpaid:$4,828.24 Affects:Parcel B 16.General and special taxes and charges, payable February 15, delinquent if first half unpaid on May 1, second half delinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties): Year:2024 Tax Account No.:334040-2925 Levy Code:2100 Assessed Value-Land: $261,100.00 Assessed Value-Improvements:$0.00 General and Special Taxes: Billed:$2,766.31 Paid:$1,383.16 Unpaid:$1,383.15 Affects:Lots 42 and 43, of Parcel A 17.Liability for Sewer Treatment Capacity Charges, if any, affecting certain areas of King, Pierce and Snohomish Counties. Said charges could apply to property connecting to the metropolitan sewerage facilities or reconnecting or changing its use and/or structure after February 1, 1990. Please contact the King County Wastewater Treatment Division, Capacity Charge Program, for further information at 206-296-1450 or Fax No. 206-263-6823 or email at CapChargeEscrow@kingcounty.gov. * A map showing sewer service area boundaries and incorporated areas can be found at: http://www.kingcounty.gov/services/gis/Maps/vmc/Utilities.aspx Unrecorded Sewer Capacity Charges are not a lien on title to the Land. CHICAGO TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. SECOND GUARANTEE 242285-SC SCHEDULE B (continued) Subdivision Guarantee/Certificate Printed: 07.11.24 @ 10:18 AM Page 8 WA-CT-FBCM-02150.622476-SPS-1-24-242285-SC 18.A right of first refusal to purchase said Land with certain terms, covenants, conditions and provisions as set forth therein: Grantor:Arthur Ballestrasse and Edith Ballestrasse, as Trustees of the Ballestrasse Revocable Trust under Declaration of Trust dated June 16, 1994; Teresa Tonelli and Edith Ballestrasse, each as to their separate estate; August Tonelli and Teresea Tonelli, husband and wife; Roy Ballestrasse and Rex Ballestrasse Grantee:M&M Ventures, L.L.C., a Washington limited liability company Disclosed by:Memorandum of Right of First Refusal Recording Date:October 20, 1997 Recording No.:9710200642 Affects:Includes other property 19.An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document: Entitled:Memorandum of Ground Lease Lessor:Arthur Ballestrasse and Edith Ballestrasse, as Trustees of the Ballestrasse Revocable Trust under Declaration of Trust dated June 16, 1994; Teresa Tonelli and Edith Ballestrasse, each as to their separate estate; August Tonelli and Teresea Tonelli, husband and wife; Roy Ballestrasse and Rex Ballestrasse Lessee:M&M Ventures, L.L.C., a Washington limited liability company Recording Date:November 5, 1997 Recording No.:9711051776 Affects:Includes other property Said instrument contains a Right of First Refusal to purchase all or a portion of said property. An unrecorded agreement dated May 28, 1997 to amend or modify certain provisions of said lease, as disclosed by the document: Recorded:September 22, 2000 Recording No.:20000922001445 Lessee's interest was assigned as to a portion of subject premseis and other property to Lanphere Enterprises of Washington Inc. under recording number 20000922001445 and subsequently assigned to Azule Properties, L.L.C., assignee, under recording number 20141205001452. Said assignee no longer has a leasehold interest in subject premises according to information provided to this Company. Assignment of the Lessee's interest under said lease: Assignor:M&M Ventures, LLC, a Washington limited liability company Assignee:A&D Renton LLC, a Washington limited liability company Recording Date:April 2, 2004 Recording No.:20040402001688 Affects:A portion of said premises and other property as described in document CHICAGO TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. SECOND GUARANTEE 242285-SC SCHEDULE B (continued) Subdivision Guarantee/Certificate Printed: 07.11.24 @ 10:18 AM Page 9 WA-CT-FBCM-02150.622476-SPS-1-24-242285-SC Agreement relating to subordination and the terms and conditions thereof By and between:A&D Renton LLC, a Washington limited liability company; Renton Cadillac Buick GMC, Inc., a Washington corporation, doing business as Brotherton Cadillac; Americredit Financial Services, Inc., a Delaware corporation doing business as GM Financial Recorded:October 10, 2023 Recording No.:20231010000430 20.An unrecorded sublease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document: Entitled:Subordination and Attornment Agreement Sublessor:M&M Ventures, LLC, a Washington limited liability company Sublessee:Carco, LLC, a Washington limited liability company Recording Date:November 14, 1997 Recording No.:9711140837 Affects:Includes other property An agreement to amend or modify certain provisions of said sublease, as set forth in the document executed by: As Sublessor:M&M Ventures, L.L.C., a Washington limited liability company As Sublessee:Carco, L.L.C., a Washington limited liability company Dated:August 5, 1998 Recording Date:August 11, 1998 Recording No.:9808110461 Affects:Includes other property An agreement to amend or modify certain provisions of said sublease, as set forth in the document executed by: As Sublessor:M&M Ventures, L.L.C., a Washington limited liability company As Sublessee:Carco, L.L.C., a Washington limited liability company Dated:September 21, 2000 Recording Date:September 22, 2000 Recording No.:20000922001447 Affects:A portion of said premises and other property as described in document 21.An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document: Entitled:Memorandum of Lease Lessor:A&D Renton LLC, a Washington limited liability company Lessee:Renton Cadillac Pontiac GMC, Inc., a Delaware corporation Recording Date:June 30, 2005 Recording No.:20050630002654 Affects:Parcel B and other property CHICAGO TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. SECOND GUARANTEE 242285-SC SCHEDULE B (continued) Subdivision Guarantee/Certificate Printed: 07.11.24 @ 10:18 AM Page 10 WA-CT-FBCM-02150.622476-SPS-1-24-242285-SC Memorandum of Assignment of Lease Assignor:Renton Cadillac Pontiac GMC, Inc. Assignee:Argonaut Holdings, Inc. Recording Date:December 12, 2014 Recording No.:20141212000024 22.An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document: Entitled:Memorandum of Ground Lease Lessor:Rex Ballestrasse, Roy Ballestrasse and Gloria Ballestrasse Lessee:Renton Cadillac Buick GMC, Inc., dba Brotherton Cadillac, a Washington corporation Recording Date:October 5, 2023 Recording No.:20231005000618 Affects:Parcel A and other property 23.A deed of trust to secure an indebtedness in the amount shown below Amount:$7,120,000.00 Dated:October 13, 2023 Trustor/Grantor:Renton Cadillac Buick GMC, Inc., a Washington corporation Trustee:Chicago Title Insurance Company Beneficiary:Americredit Financial Services, Inc., doing business as GM Financial Recording Date:October 13, 2023 Recording No.:20231013000561 Affects:Lessee's interest in Parcel A and other property 24.Any additional unrecorded leaseholds or subleaseholds, right of vendors and holders of security interests on personal property installed upon the Land and rights of tenants or subtenants to remove trade fixtures at the expiration of the terms. Matters including but not limited to mortgages, deeds of trust, assignment of leases given as security, financing statements and other security interests affecting the rights of lessees or sublessees only. Note: FOR INFORMATIONAL PURPOSES ONLY: The following may be used as an abbreviated legal description on the documents to be recorded, per Amended RCW 65.04.045. Said abbreviated legal description is not a substitute for a complete legal description within the body of the document: Portion Lots 13-20 and 33-43, Block 17, C.D. Hillman's Earlington Gardens Add Div 1, Vol 17, Pg 74 Tax Account No.: 334040-2805, 334040-2880, 334040-2885, 334040-2780 and 334040-2925 Note: This map/plat is being furnished as an aid in locating the herein described Land in relation to adjoining streets, natural boundaries and other land. Except to the extent a policy of title insurance is expressly modified by endorsement, if any, the Company does not insure dimensions, distances or acreage shown thereon. END OF SCHEDULE B CHICAGO TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. SECOND GUARANTEE 242285-SC SCHEDULE B Subdivision Guarantee/Certificate Printed: 07.11.24 @ 10:18 AM Page 11 WA-CT-FBCM-02150.622476-SPS-1-24-242285-SC