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HomeMy WebLinkAboutL_Title_Report_w_Easements.pdf Form WA-5 (6/76) File No.: NCS-880012-SD Commitment Face Page First American Title Insurance Company COMMITMENT FOR TITLE INSURANCE Issued by FIRST AMERICAN TITLE INSURANCE COMPANY First American Title Insurance Company, herein called the Company, for valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagor of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of the Commitment or by subsequent endorsement. This Commitment if preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six (6) months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, the Company has caused this commitment to be signed, to become valid when countersigned by an authorized officer or agent of the Company, all in accordance with its By- Laws. This Commitment is effective as of the date shown in Schedule A as “Effective Date.” = Form WA-5 (6/76) File No.: NCS-880012-SD Commitment Page No. 1 First American Title Insurance Company = First American Title Insurance Company National Commercial Services 4380 La Jolla Village Drive, Suite 110, San Diego, CA 92122 (858)410-3900 - FAX Trixy Brown Janice Treanor (858)410-2151 trixybrown@firstam.com To: Chick-fil-A, Inc. File No.: NCS-880012-SD 15635 Alton Pkwy Ste 350 Your Ref No.: Rainier Avenue & 3rd FSU - Renton, WA #04249 Irvine , CA 92618-7333 Attn: Sarah King THIRD REPORT SCHEDULE A 1. Commitment Date: November 22, 2017 at 7:30 A.M. 2. Policy or Policies to be issued: AMOUNT PREMIUM TAX Extended Owner's Coverage $ 2,747,500.00 $ To Be Determined $ To Be Determined Proposed Insured: Chick-fil-A, Inc., a Georgia corporation 3. The estate or interest in the land described on Page 2 herein is Fee Simple, and title thereto is at the effective date hereof vested in: Alvin R. Gould and Ruth N. Gould, husband and wife, and Wallace Nelson, as his separate estate and the heirs and devisees of Shirley Jean Nelson, deceased, as to Parcels I and III; and Nelson Gould LLC, a Washington limited liability company, as to Parcel II 4. The land referred to in this Commitment is described as follows: Form WA-5 (6/76) File No.: NCS-880012-SD Commitment Page No. 2 First American Title Insurance Company The land referred to in this report is described in Exhibit "A" attached hereto. Form WA-5 (6/76) File No.: NCS-880012-SD Commitment Page No. 3 First American Title Insurance Company EXHIBIT 'A' LEGAL DESCRIPTION: PARCEL I: A TRACT OF LAND SITUATED IN THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT OF INTERSECTION OF THE CENTER LINE OF STATE HIGHWAY NO. 5 AND THIRD AVENUE IN THE CITY OF RENTON PRODUCED WESTERLY; THENCE SOUTHERLY, ALONG THE CENTERLINE OF SAID STATE ROAD, 288.18 FEET; THENCE SOUTH 75°53'00" WEST 223.15 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 19°56'20" EAST 224.70 FEET; THENCE AT RIGHT ANGLES THERETO, NORTH 70°03'40" EAST 41.31 FEET; THENCE NORTH 19°56'20" WEST 219.37 FEET; THENCE SOUTHWESTERLY 41.65 FEET TO THE TRUE POINT OF BEGINNING. PARCEL II: LOT 2, CITY OF RENTON SHORT PLAT SHPL FILE NO. LUA16-000254, RECORDED NOVEMBER 8, 2016 IN VOLUME 353 OF SHORT PLATS, PAGES 282-283, AS RECORDING NO. 20161108900006, AS AMENDED BY INSTRUMENT RECORDED DECEMBER 12, 2016 UNDER RECORDING NO. 20161212900010, IN KING COUNTY, WASHINGTON. PARCEL III: A TRACT OF LAND SITUATED IN THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT OF INTERSECTION OF THE CENTER LINE OF THIRD AVENUE IN THE CITY OF RENTON PRODUCED WESTERLY AND STATE HIGHWAY NO. 5; THENCE SOUTH 21°31'00" EAST ALONG THE CENTER OF SAID STATE HIGHWAY NO. 5, A DISTANCE OF 86.48 FEET; THENCE SOUTH 75°53'00" WEST 197.18 FEET; THENCE SOUTH 14°07'00" EAST 200 FEET TO THE TRUE POINT OF BEGINNING OF THE TRACT HEREIN DESCRIBED; THENCE NORTH 75°53'00" EAST 192.90 FEET TO THE WESTERLY MARGIN OF SAID STATE HIGHWAY; THENCE SOUTH 19°56'20" EAST ALONG SAID WESTERLY MARGIN 100.00 FEET TO A POINT WHICH BEARS SOUTH 19°56'20" EAST 388.18 FEET AND SOUTH 77°25'10" WEST 30.25 FEET FROM THE POINT OF INTERSECTION OF THE CENTER LINES OF SAID THIRD AVENUE PRODUCED WESTERLY AND STATE HIGHWAY NO. 5; THENCE SOUTH 70°03'40" WEST AT RIGHT ANGLES TO SAID STATE HIGHWAY, 150.00 FEET; THENCE AT RIGHT ANGLES AND PARALLEL WITH SAID STATE HIGHWAY SOUTH 19°56'20" EAST 100.00 FEET; THENCE AT RIGHT ANGLES SOUTH 70°03'40" WEST 41.31 FEET TO A POINT FROM WHICH THE TRUE POINT OF BEGINNING BEARS NORTH 19°56'20" WEST; THENCE AT RIGHT ANGLES AND PARALLEL WITH SAID STATE HIGHWAY NORTH 19°56'20" WEST 224.70 FEET TO THE TRUE POINT OF BEGINNING. Form WA-5 (6/76) File No.: NCS-880012-SD Commitment Page No. 4 First American Title Insurance Company EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON FOR HIGHWAY PURPOSES, BY DEED RECORDED JANUARY 28, 1960, UNDER RECORDING NO. 5125876. ALSO EXCEPT THAT PORTION CONVEYED TO THE CITY OF RENTON BY WARRANTY DEED RECORDED JUNE 20, 2011 AS RECORDING NO. 20110620001118. FURTHER EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT A POINT OF INTERSECTION OF THE CENTER LINE OF STATE HIGHWAY NO. 5 AND THIRD AVENUE IN THE CITY OF RENTON PRODUCED WESTERLY; THENCE SOUTHERLY, ALONG THE CENTERLINE OF SAID STATE ROAD, 288.18 FEET; THENCE SOUTH 75°53'00" WEST 223.15 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 19°56'20" EAST 224.70 FEET; THENCE AT RIGHT ANGLES THERETO, NORTH 70°03'40" EAST 41.31 FEET; THENCE NORTH 19°56'20" WEST 219.37 FEET; THENCE SOUTHWESTERLY 41.65 FEET TO THE TRUE POINT OF BEGINNING. Form WA-5 (6/76) File No.: NCS-880012-SD Commitment Page No. 5 First American Title Insurance Company SCHEDULE B - SECTION 1 REQUIREMENTS The following are the Requirements to be complied with: Item (A) Payment to or for the account of the Grantors or Mortgagors of the full consideration for the estate or interest to be insured. Item (B) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. Item (C) Pay us the premiums, fees and charges for the policy. Item (D) You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions SCHEDULE B - SECTION 2 GENERAL EXCEPTIONS The Policy or Policies to be issued will contain Exceptions to the following unless the same are disposed of to the satisfaction of the Company. A. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. B. Any facts, rights, interest, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of person in possession thereof. C. Easements, claims of easement or encumbrances which are not shown by the public records. D. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. E. (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 excepted under (1), (2) or (3) are shown by the public records; (4) Indian Tribal Codes or Regulations, Indian Treaty or Aboriginal Rights, including easements or equitable servitudes. F. Any lien, or right to a lien, for services, labor, materials or medical assistance heretofore or hereafter furnished, imposed by law and not shown by the public records. G. Any service, installation, connection, maintenance, construction, tap or reimbursement charges/costs for sewer, water, garbage or electricity. H. 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 of record for value the estate or interest or mortgages thereon covered by this Commitment. = Form WA-5 (6/76) File No.: NCS-880012-SD Commitment Page No. 6 First American Title Insurance Company = SCHEDULE B - SECTION 2 (continued) SPECIAL EXCEPTIONS 1. Lien of the Real Estate Excise Sales Tax and Surcharge upon any sale of said premises, if unpaid. As of the date herein, the excise tax rate for the City of Renton is at 1.78%. Levy/Area Code: 2100 For all transactions recorded on or after July 1, 2005: • A fee of $10.00 will be charged on all exempt transactions; • A fee of $5.00 will be charged on all taxable transactions in addition to the excise tax due. 2. Potential charges, for the King County Sewage Treatment Capacity Charge, as authorized under RCW 35.58 and King County Code 28.84.050. Said charges could apply for any property that connected to the King County Sewer Service area on or after February 1, 1990. Note: Properties located in Snohomish County and Pierce County may be subject to the King County Sewage Treatment Capacity Charges. To verify charges contact: (206) 296-1450 or CapChargeEscrow@kingcounty.gov. 3. Reservations contained in Deed from the State of Washington recorded under Recording No. 5051341, reserving all oil, gases, coal, ores, minerals, fossils, etc., and the right of entry for opening, developing and working the same. (Affects Parcel II) 4. Easement, including terms and provisions contained therein: Recording Information: February 17, 1961 as Recording No. 5253595 In Favor of: The City of Renton For: Sewage pipelines Affects: (Parcel I) as described therein 5. Covenants, conditions, restrictions and/or easements: Recorded: October 14, 1992 Recording No.: 9210140320 (Affects Parcel II) 6. Easement, including terms and provisions contained therein: Recording Information: October 20, 1994 under Recording No. 9410201209 In Favor of: Puget Sound Power and Light Company For: An underground electric transmission and/or distribution system Affects: (Parcel II) as described therein 7. Easement, including terms and provisions contained therein: Recording Information: August 11, 1997 as Recording No. 9708110700 In Favor of: The City of Renton Form WA-5 (6/76) File No.: NCS-880012-SD Commitment Page No. 7 First American Title Insurance Company For: Sanitary sewer Affects: (Parcel I) as described therein 8. Terms, covenants, conditions and restrictions as contained in recorded Lot Line Adjustment (Boundary Line Revision) LUA-99-017-LLA : Recorded: April 6, 1999 Recording Information: 9904069001 (Affects Parcel II) 9. Covenants, conditions, restrictions and/or easements: Recorded: April 6, 1999 Recording No.: 9904062560 Document(s) declaring modifications thereof recorded November 27, 2002, July 30, 2014, September 19, 2014 and December 27, 2016 as Recording Nos. 20021127003834, 20140730001283, 20140919000586 and 20161227001162 of Official Records. (Affects Parcel II) 10. Easement, including terms and provisions contained therein: Recording Information: June 20, 2011 as Recording No. 20110620001119 In Favor of: The City of Renton For: Slopes and utilities Affects: (Parcel III) as described therein 11. Easement, including terms and provisions contained therein: Recording Information: August 11, 2011 under Recording No. 20110811001003 In Favor of: City of Renton, Puget Sound Energy, Inc., Qwest Communications Corporation and Comcast of Washington, Inc. For: Utilities Affects: (Parcel II) as described therein 12. Easement, including terms and provisions contained therein: Recording Information: April 11, 2013 under Recording No. 20130411001089 In Favor of: Puget Sound Energy, Inc., a Washington corporation For: Transmission, distribution and sale of gas Affects: (Parcel II) as described therein 13. The terms and provisions contained in the document entitled "Declaration of Covenant for Inspection and Maintenance of Stormwater Facilities" recorded October 22, 2014 as Recording No. 20141022000930 of Official Records. (Affects Parcel II) 14. The Terms, Provisions and Easement(s) contained in the document entitled "Fire Lane and Open Space Easement" recorded October 14, 1992 as Recording No. 9210140321 of Official Records. Form WA-5 (6/76) File No.: NCS-880012-SD Commitment Page No. 8 First American Title Insurance Company (Affects Parcel II) 15. Easement, including terms and provisions contained therein: Recording Date: August 11, 1997 Recording Information: 9708110701 In Favor of: City of Renton For: Sanitary sewer Affects: (Parcel II) as described therein. 16. The effect of a deed executed by Alvin R. Gould and Ruth N. Gould, husband and wife and Wallace Nelson, a single person to Nelson Gould LLC, a Washington limited liability company, recorded April 23, 2013 as Recording No. 20130423000970 of Official Records. The Company will require satisfactory evidence that the deed was an absolute conveyance for value and that there are no other agreements, oral or written, regarding the ownership or occupancy of the land described in the deed. (Affects Parcels I and III) 17. Shirley J. Nelson died leaving a Non-Intervention Will. Admitted to Probate: January 21, 2015 Probate Case No.: 15-4-00448-1 SEA, King County Personal Representative: Stephen W. Beard Attorney for Estate: Henry Walker Grenley Said personal representative is authorized to administer the estate without intervention of court and to mortgage, convey or contract to convey decedent's interest in said premises. (Affects Parcels I and III) 18. Lien of succession taxes upon the estate of Shirley J. Nelson, deceased, King County, Probate Case No. 15-4-00448-1 SEA (Affects Parcels I and III) 19. Restrictions, conditions, dedications, notes, easements and provisions, if any, as contained and/or delineated on the face of the City of Renton Short Plat SHPL File No. LUA16- 000254 recorded November 08, 2016 as Recording No. 20161108900006, in King County, Washington. Document(s) declaring modifications thereof recorded December 12, 2016 as Recording No. 20161212900010 of Official Records. (Affects Parcel II) 20. Covenants, conditions, restrictions and/or easements: Recorded: December 27, 2016 Recording No.: 20161227001163 Form WA-5 (6/76) File No.: NCS-880012-SD Commitment Page No. 9 First American Title Insurance Company (Affects Parcel II) 21. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Nelson Gould LLC, a Washington limited liability company Grantee/Beneficiary: Alvin and Ruth Gould, husband and wife Trustee: Titan Trustee Services, Inc., a Washington corporation Amount: $1,200,000.00 Recorded: January 23, 2017 Recording Information: 20170123000498 22. Evidence of the authority of the individual(s) to execute the forthcoming document for Nelson Gould LLC, a Washington limited liability company, copies of the current operating agreement should be submitted prior to closing. (Affects Parcel II) 23. A Certificate of Good Standing from the State of Georgia for Chick-Fil-A, Inc., a Georgia corporation, should be submitted prior to closing, together with evidence of the authority of the officers thereof to execute the forthcoming instrument. 24. Matters of extended owner/purchaser coverage which are dependent upon an inspection and an ALTA survey of the property for determination of insurability. Please submit a copy of the ALTA Survey at your earliest convenience for review. Our inspection will be held pending our review of the ALTA Survey and the result of said inspection will be furnished by supplemental report. 25. Any claim that the Title is subject to a trust or lien created under The Perishable Agricultural Commodities Act, 1930 (7 U.S.C. §§499a, et seq.) or the Packers and Stockyards Act (7 U.S.C. §§181 et seq.) or under similar state laws. (Affects Parcel III) 26. Unrecorded leaseholds, if any, rights of vendors and security agreement on personal property and rights of tenants, and secured parties to remove trade fixtures at the expiration of the term. 27. Prior to issuance of an extended coverage policy, the Company will require an Owner's Affidavit be completed and submitted to the Company for approval prior to closing. The Company reserves the right to make any additional requirement as warranted. Form WA-5 (6/76) File No.: NCS-880012-SD Commitment Page No. 10 First American Title Insurance Company INFORMATIONAL NOTES A. General taxes for the year 2017 which have been paid. Tax Account No. 000720-0151-06 Amount: $3,149.57 Assessed Land Value: $247,600.00 Assessed Improvement Value: $0.00 (Affects Parcel I) B. General taxes for the year 2017 which have been paid. Tax Account No. 000720-0215-00 Amount: $4,828.60 Assessed Land Value: $381,100.00 Assessed Improvement Value: $0.00 (Affects Parcel II) C. General taxes for the year 2017 which have been paid. Tax Account No. 000720-0149-01 Amount: $12,427.21 Assessed Land Value: $526,200.00 Assessed Improvement Value: $401,600.00 (Affects Parcel III) D. Effective January 1, 1997, and pursuant to amendment of Washington State Statutes relating to standardization of recorded documents, the following format and content requirements must be met. Failure to comply may result in rejection of the document by the recorder. E. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. F. The description can be abbreviated as suggested below if necessary to meet standardization requirements. The full text of the description must appear in the document(s) to be insured. Ptn Sec 18 Twp 23N Rge 5E, NW Qtr SE QTR and Lot 2, City of Renton SP SHPL File No. LUA16- 000254, Vol. 353, Pgs. 282-283, as Rec. 20161108900006, as Amended by Rec. 20161212900010 Form WA-5 (6/76) File No.: NCS-880012-SD Commitment Page No. 11 First American Title Insurance Company APN: 000720-0151-06 APN: 000720-0215-00 APN: 000720-0149-01 G. According to the application for title insurance, title is to vest in Chick-fil-A, Inc., a Georgia corporation. Examination of the records discloses no matters pending against said party(ies). H. A fee will be charged upon the cancellation of this Commitment pursuant to the Washington State Insurance Code and the filed Rate Schedule of the Company. END OF SCHEDULE B Form WA-5 (6/76) File No.: NCS-880012-SD Commitment Page No. 12 First American Title Insurance Company First American Title Insurance Company National Commercial Services COMMITMENT Conditions and Stipulations 1. The term "mortgage" when used herein shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of a defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment, other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act or reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclosure such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option, may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of Policy or Policies committed for, and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the Policy or Policies committed for and such liability is subject to the Insuring provisions, exclusion from coverage, and the Conditions and Stipulations of the form of Policy or Policies committed for in favor of the proposed Insured which are hereby incorporated by references, and are made a part of this Commitment except as expressly modified herein. 4. Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest or the lien of the Insured mortgage covered hereby or any action asserting such claim, shall be restricted to the provisions and Conditions and Stipulations of this Commitment. Form WA-5 (6/76) File No.: NCS-880012-SD Commitment Page No. 13 First American Title Insurance Company The First American Corporation First American Title Insurance Company National Commercial Services PRIVACY POLICY We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and· • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. c 2001 The First American Corporation - All Rights Reserved