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HomeMy WebLinkAboutMonterey Meadows - Title Report dated 4-14-17SUBDIVISION Issued By: nrlCHICAGO TITLE INSURANCE COMPANY Guarantee/Certificate Number: 0085417-06 Revision 2nd Guarantee CHICAGO TITLE INSURANCE COMPANY a corporation, herein called the Company GUARANTEES Taylor Development, Inc. , thier successors and/or assigns 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 Countersigned By: , Authorized Officer or Agent t.. Chicago Title Insurance Company By: Attest: President XK--- .... . Secretary Subdivision Guarantee/Certificate Printed: 04.19.17 @ 01:35 PWM Page 1 WA-CT-FNSE-02150.622476-SPS-1-17-0085417-06 CHICAGO TITLE INSURANCE COMPANY Liability $1,000.00 Effective Date: April 14, 2017 at 08:00 AM GUARANTEEXERTIFICATE NO. 0085417-06 REVISION 2nd Guarantee ISSUING OFFICE: Title Officer: Seattle Builder/ Unit 16 Chicago Title Company of Washington 701 5th Avenue, Suite 2700 Seattle, WA 98104 Phone: (206)628-5623 Main Phone: (206)628-5623 Email: CTISeattleBuilderUnit@ctt.com The assurances referred to on the face page are: SCHEDULE A Premium $350.00 $35.35 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: Monterey Meadows, LLC, a Washington Limited Liability Company subject to the matters shown below under Exceptions, which Exceptions are not necessarily shown in the order of their priority. END OF SCHEDULE A Subdivision Guarantee/Certificate Printed: 04.19.17 @ 01:35 PM Page 2 WA-CT-FNSE-02150.622476-SPS-1-17-0085417-06 EXHIBIT "A" Legal Description For APN/Parcel ID(s): 334570-0181-04 and 334570-0182-03 LOTS A & B, RENTON LOT LINE ADJUSTMENT NUMBER LUA-03-045-LLA, RECORDED UNDER RECORDING NUMBER 20031002900008, RECORDS OF KING COUNTY, WASHINGTON. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. Subdivision Guarantee/Certificate Printed: 04.19 17 @ 01:35 PM Page 3 WA-CT-FNSE-02150.622476-SPS-1-17-0085417-06 CHICAGO TITLE INSURANCE COMPANY 4. 5. SCHEDULE B GENERAL EXCEPTIONS: GUARANTEE/CERTIFICATE NO. 0085417-06 REVISION 2nd Guarantee H. Reservations and exceptions in United States Patents or in Acts authorizing the issuance thereof. SPECIAL EXCEPTIONS: Covenants, conditions, restrictions, recitals, reservations, easements, easement provisions, dedications, building setback lines, notes, statements, and other matters, if any, but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth on Plat of C.D. Hillman's Lake Washington Garden of Eden Addition to Seattle Division No.7. Recording No.: 501111 Special Connection Agreement, and the terms and conditions thereof: Executed by: King County Water District No. 107 and George H. Dohrn Recording No.: 6427528 Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document Purpose: Water Pipeline Recording No.: 6494761 Temporary Water Service Agreement, and the terms and conditions thereof: Recording Date: January 3, 1985 Recording No.: 8501030435 Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Bryant Oaks and Priscilla J. Oaks, husband and wife Recording Date: March 26, 1985 Recording No.: 8503260877 Covenants, conditions, restrictions, recitals, reservations, easements, easement provisions, dedications, building setback lines, notes, statements, and other matters, if any, but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth on Lot Line Adjustment: Recording No: 20031002900008 Subdivision Guarantee/Certificate Page 4 Printed: 04.19.17 @ 01:35 PM WA -CT -FN SE -02150.622476 -SPS -1-1 7-006 54 1 7-06 CHICAGO TITLE INSURANCE COMPANY a 10 GUARANTEE/CERTIFICATE NO. 0085417-06 REVISION 2nd Guarantee SCHEDULE B (continued) Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Puget Sound Energy, Inc. Purpose: A nonexclusive perpetual easement Recording Date: August 19, 2016 Recording No.: 20160819000244 Affects: Portion of said premises 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: 2017 Tax Account Number: 334570-0181-04 Levy Code: 2152 Assessed Value -Land: $310,000.00 Assessed Value -Improvements: $164,000.00 General and Special Taxes: Billed: $6,370.97 Paid: $0.00 Unpaid: $6,370.97 Affects: Lot A 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: 2017 Tax Account Number: 334570-0182-03 Levy Code: 2152 Assessed Value -Land: $281,000.00 Assessed Value -Improvements: $326,000.00 General and Special Taxes: Billed: $8,089.01 May 19, 2016 Paid: $0.00 20160519000644 Unpaid: $8,089.01 Affects: Lot B A deed of trust to secure an indebtedness in the amount shown below, Amount: $5,000,000.00 Dated: May 19, 2016 Trustor/Grantor: Monterey Meadows, LLC a Washington limited liability company Trustee: Chicago Title Insurance Company, a Corporation Beneficiary: Kevin C. Taylor and Angela C. Taylor, husband and wife Recording Date: May 19, 2016 Recording No.: 20160519000644 END OF EXCEPTIONS Subdivision Guarantee/Certificate Printed: 04.19.17 @ 01:35 PM Page 5 WA-CT-FNSE-02150.622476-SPS-1-17-0085417-06 GUARANTEE/CERTIFICATE NO. 0085417-06 CHICAGO TITLE INSURANCE COMPANY REVISION 2nd Guarantee SCHEDULE B (continued) NOTES The following matters will not be listed as Special Exceptions in Schedule B of the policy. There will be no coverage for loss arising by reason of the matters listed below because these matters are either excepted or excluded from coverage or are not matters covered under the insuring provisions of the policy. Note A: 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: LTS A & B, RENTON LLA NO. LUA-03-045-LLA, REC NO. 20031002900008 Tax Account No.: 334570-0181-04 and 334570-0182-03 END OF NOTES END OF SCHEDULE B Subdivision Guarantee/Certificate Printed: 04.19.17 @ 01:35 PM Page 6 WA-CT-FNSE-02150.622476-SPS-1-17-0085417-06 SUBDIVISION Issued By: *, CHICAGO TITLE INSURANCE COMPANY Guarantee/Certificate Number: 0085417-06 I 1 CHICAGO TITLE INSURANCE COMPANY a corporation, herein called the Company GUARANTEES Taylor Development, Inc., thier successors and/or assigns 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 Countersigned By: Authorized Officer or Agent Chicago Title Insurance Company By: President Attest: �•. r Secretary Subdivision Guarantee/Certificate Printed: 11.17.16 @ 01:28 PM Page 1 WA-CT-FNSE-02150.622476-SPS-1-16-0085417-06 CHICAGO TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 0085417-06 ISSUING OFFICE: Title Officer: Commercial /Unit 6 Chicago Title Company of Washington 701 5th Avenue, Suite 2700 Seattle, WA 98104 Main Phone: (206)628-5610 Email: CTISeaTitleUnit6(@ctt.com Liability $1,000.00 Effective Date: November 2, 2016 at 08:00 AM The assurances referred to on the face page are: SCHEDULE A Premium Tax $350.00 $33.60 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: Monterey Meadows. LLC a Washington Limited Liability„ Company subject to the matters shown below under Exceptions, which Exceptions are not necessarily shown in the order of their priority. END OF SCHEDULE A Subdivision GusrantaelCertifcale Printed: 11. 17.16 [u� DI 28 PM Page 2 WA-CT-FNSE-02150 622476 -SPS -1-16-0085417-06 EXHIBIT "A" Legal Description For APN/Parcel ID(s): 334570-0181-04 and 334570-0182-03 LOTS A & B, RENTON LOT LINE ADJUSTMENT NUMBER LUA-03-045-LLA, RECORDED UNDER RECORDING NUMBER 20031002900008, RECORDS OF KING COUNTY, WASHINGTON. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. Subdivision Guarantee/Certificate Printed: 11.17.16 @ 01:25 PM Page 3 WA-CT-FNSE-02150.622476-SPS-1-16-0065417-06 CHICAGO TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 0085417-06 SCHEDULE B GENERAL EXCEPTIONS: H. Reservations and exceptions in United States Patents or in Acts authorizing the issuance thereof. SPECIAL EXCEPTIONS: Covenants, conditions, restrictions, recitals, reservations, easements, easement provisions, dedications, building setback lines, notes, statements, and other matters, if any, but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth on Plat of C.D. Hillman's Lake Washington Garden of Eden Addition to Seattle Division No.7. Recording No.: 501111 2. Special Connection Agreement, and the terms and conditions thereof: Executed by: King County Water District No. 107 and George H. Dohrn Recording No.: 6427528 3. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Purpose: Water Pipeline Recording No_: 6494761 4. Temporary Water Service Agreement, and the terms and conditions thereof: Recording Date: January 3, 1985 Recording No.: 8501030435 5. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Bryant Oaks and Priscilla J. Oaks, husband and wife Recording Date: March 26, 1985 Recording No.: 8503260877 Covenants, conditions, restrictions, recitals, reservations, easements, easement provisions, dedications, building setback lines, notes, statements, and other matters, if any, but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth on Lot Line Adjustment: Recording No: 20031002900008 Subdivision Guarantee/Certificate Printed: 11.17.16 @ 01:29 PM Page 4 WA-CT-FNSE-02150 622476 -SPS -1-16-0065417-06 CHICAGO TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 0085417-06 SCHEDULE B (continued) 7. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: a 10. Granted to: Puget Sound Energy, Inc. Purpose: A nonexclusive perpetual easement Recording Date: August 19, 2016 Recording No.: 20160819000244 Affects: Portion of said premises 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: 2016 Tax Account Number: 334570-0181-04 Levy Code: 2152 Assessed Value -Land: $293,000.00 Assessed Value -Improvements: $155,000.00 General and Special Taxes: Billed: $5,935.37 May 19, 2016 Paid: $5,935.37 20160519000644 Unpaid: $0.00 Affects: Lot A 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: 2016 Tax Account Number: 334570-0182-03 Levy Code: 2152 Assessed Value -Land: $266,000.00 Assessed Value -Improvements: $308,000.00 General and Special Taxes: Billed: $7,601.01 May 19, 2016 Paid: $7,601.01 20160519000644 Unpaid: $0.00 Affects: Lot B A deed of trust to secure an indebtedness in the amount shown below, Amount: $5,000,000.00 Dated: May 19, 2016 Trustor/Grantor: Monterey Meadows, LLC a Washington limited liability company Trustee: Chicago Title Insurance Company, a Corporation Beneficiary: Kevin C. Taylor and Angela C. Taylor, husband and wife Recording Date: May 19, 2016 Recording No.: 20160519000644 Subdivision Guarantee/Certificate END OF EXCEPTIONS Printed: 11.17.16 @ 01:29 PM Page 5 WA-CT-FNSE-02150 622476 -SPS -1-16-0085417-06 CHICAGO TITLE INSURANCE COMPANY SCHEDULE B (continued) GUARANTEE/CERTIFICATE NO. 0085417-06 NOTES The following matters will not be listed as Special Exceptions in Schedule B of the policy. There will be no coverage for loss arising by reason of the matters listed below because these matters are either excepted or excluded from coverage or are not matters covered under the insuring provisions of the policy. Note A: 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: LTS A & B. RENTON LLA NO. LUA-03-045-LLA, REC NO. 20031002900008 Tax Account No.: 334570-0181-04 and 334570-0182-03 END OF NOTES END OF SCHEDULE B Subdivision Guarantee/Certificate Printed: 11.17.16 @ 01:29 PM Page 6 WA-CT-FNSE-02150.622476-SPS-1-16-0085417-06 :3^a '3AV H1601 '• 7d.,. .. _�, n `_ 7, _U a; •. a o �d9� '3AV 53R3T � O , Q CO Q" f rpp 0 Ul '__ to -_ ��oa Sid .vw ��~�y y�.•. z Z = TT_ �. i.l - i •N d z LLI LU • � � 'u v y - i Zjr¢ OL Q .iS N.'L. Uµf LL Z Z jr 0 Q C3z= o<❑ cr Z = O U It s .3C•4�, j .- in - ':d. c v as i ^� ~ wry 'S LLI LLJ [i 'Y. O _ u •. a o � O , Q Q" f rpp 0 N Of o .. T• ppD @ i5O0 .1a - .rte .Y _ O3 N 03 IL r x- air 4 - - zi _ 39 9AY FAIL . • •' .z � -_ W z 1i1 't� ':.�9PlIN3Y38 30 Si57'9I i A7,'t;R.10 K r_d:7ae;, • ;r,� IWa .j" Q Y N13eY ' z x x IfE' Q 0 cc Q '�` J'�` � J Jf 4p 9 fr � '• 0 _: r ••f.; G _ �� i - Y n� .Sy��C•:• v "y fl �p .7 y:�EFriiRC1TQi51inN�ni�. A o W � o111T •- i J �:� "•L.. y, �'I' f � � _ �; , •".moi.:. 4 � - -� _•�� W � add _ �- m _ __�' ,� — i •, - �"-� n - i I � •_ L �'� 'n U � VIN � - .19'4ffl r� ti oi . 'nd96BF y Z?tx,O) �S,.Ic� [9'YSL r N (�IYJ '£!'IG4 �ss3� ',�- .i - - ',• .� f .•sv'Qa9i-- 4 .moi _ _ _ �� Y'•. '=.. 3M 3Atl 13lp0iWl " "`I 7.-.n. .e \ �.��I� j� 5' c � •. (LY7rli 9LfL9� ��//Ji i 3 'lAY 3N emor a SPECIAL CONNECTION AQREENENT AGREEMENT between JUNG COUNTY WATER DISTRICT NO. 107, 03 tlio district; and GEORGE L, DOII11N, y Single man, the owner, Of 8423 — 110th Pl. B:E., Renton, IV sh.ington. Lf) } The purpose of this agreement is to provide the terms on V which the real property of the owner, located in ICi.ng County, ..n hvashington, and described as: All of Lot 5- and Lot G, EXCEPT the west 130 feet thereof; Block 4, C. D. Hillman's Lake Washington Garden of Eden Addition No. 7; may receive water service from the district. The said property has not yet been assessed by the district for the construction of water distribution facilities, but the owner desires to connect to the existing main ou SE 80th Street in order to serve the said property. It is agreed that such connection may be made on condition: (a) That the owner pay the customary connection charge for the service requested; (b) That the owner pay a special connection charge of 4200 which shall not be refundable, except that the district reserves the right, but is not obligated, to allow all or part Of such payweut toward reduction of any local improvement assess— ment which may be made in tLe future against the said property oil account of improveweuts to the districts water distriDtrtion system; (c) That neither the nivuer nor any successor in interest will protest or otherwise oppose the formation of a utility local improvement district for the improvenient:of the area including the said real property and the levying of assessments therein; and (d) That the special connection may be discontinued —1— OCT 301968 I ' o. I Il r c. Cil by the district upon reasonable notice at such time as service shall be available from a standard water main constructed adja— cent tb, the said property or in close proximity thereto. Dated KING COUNTY ATER DIIS�TIdCT NO, 107 D -y I ., DY Secy i STATE' OF I A.MINGTUN COUNTY OF XM5fav-gl; ss. On this day before me personally appeared George II. Dohrn, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged to me that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. c. -� Witness my hand and official seal thisyd-isy `of otary u iC n as iq a a e q WAshingtou residing. at �,an(itf -2- ,OCT 30 issfl r .,. s � c. Cil by the district upon reasonable notice at such time as service shall be available from a standard water main constructed adja— cent tb, the said property or in close proximity thereto. Dated KING COUNTY ATER DIIS�TIdCT NO, 107 D -y I ., DY Secy i STATE' OF I A.MINGTUN COUNTY OF XM5fav-gl; ss. On this day before me personally appeared George II. Dohrn, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged to me that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. c. -� Witness my hand and official seal thisyd-isy `of otary u iC n as iq a a e q WAshingtou residing. at �,an(itf -2- ,OCT 30 issfl r .,. �rx:r T:•lr: .. _K": 5= b •rMi�lL., ."fi•"�i-��rir� - v 1...f�nti W�. DATE' c7&C I, we Ronald G. and Richard H. Dohrn, owner(s) of rvt er-s Addraaa legally described as follows: Hillman's Lake Washington Garden of Eden #7 DAF: Block 4, Lot 5 Less S 100 ft ly swly of County Road and 6 less W 130 ft less S 100 ft less St. 85/01/03 #0435 E RECD F 3.00 CRSHSL *-#:wW3.00 55 for and in consideration of the Renton Water Department granting a permit to connect a temporary/permanent water service and/or main in //0 YY_99�i Lj,�A4 E 2. for the above property. The owner(s) of the above described property, their successor$, heirs and aaaigns, hereby agree and covenant to partleipate in, sign a petition in support of, and accept any Local Improvement District (L.I,D,) or City -initiated proposal, other than L�I.D.. and pay t air fair share therefore the extension of the water main in/10 .L dv, �• 8� PL SE ,��ltwben required by the Renton Subdiviuien Ordinance, or ne directed by��the Director o Public Works, IN HYRTIM—.'WH.EREOF I (We) have hereunto set my/our hand(s) and seal the day and year first ab6a ;witeen: (SEAL) bson Is it M r rrr .G' i SEAL] STATE OF WA5HINCTON) ) SS COUNTY OF K I N G ) I� AQX14— /0;-707`0 , a Notary Public in and for the State of Washington, residing at , o hereby c hrthat on this Zl9fday of �N,d, 14� personal appa��db a mef f r to me known to he the in iv ual a described erein T— and who executed the within inatrument and acknowledged thatsigned and sealed the same as Q� free and voluntary act and Ped for uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in this certificate first above written. 2: s � n 'w �n a �y s � •'R�" .•zi y ~ z fil .amu Y i$. � ypm�3 N1 �•,� •�_ aa'� ,tiN I. �f ❑ .. -. t.!37h-'y • C I! to Al 15. 04E... � �� _ z I• il;:''',�i:�- rn �' •�i�'.. �� r• � Q u��� `, .. >y�AT 14 r�ypNoo �•"� �Z]S I I L� 2e .if Gc.F rrk N w �1i�5r �.A'�d= nrpV Gl fva7^mega xz�> An n, •, n r: m ry'$ "r+ -. •.�'� �o m Z �" n age L y�'s p Li D '"-i N••F L•,•Z.�j �2 OmOtn oc� ,'��' :opo r x.n r"-= ocn � �4 � .,����g�,• ��� .��Hm zazo p'an3 tnaq � j .i�l y�'#�.� ,•�. N�..�i C� �F�� �y �om� �Z G- n •� C . �C.�'x• S� `pyo rnp -, •e �-v o o- ' •'�o� .�^y 1�� moi j O n 77 m p z O o Z a r my o Z n C o CP m p nA O Z Z w m 33 e a 0 O IA - Ir r A O 08 G>OmtO _ JONES AVE. NE. 4 iS01'42'.3 W 2669.22' GLC}, _ 2674.26 �PLATj LINCOLN AVE. NE. xas'• f• :NS2� m co d1 Ni AB9RDEkN` VE• 2666.36' (PUT) —N 01'32.49" E (BA5l5 OF 8£FgIHC�':; •, �•j--rS1ft�AVE. SE . •• � OBD CN�UI_ mcnD We O O m ti m ti 2 Z :: 'moi 9i no _cziDmv.n��ocv fl'I l G)O'orzi ��•i�� z� DW�m N m z •'�• ��.� Wo on�Nn< � � � z o'� � o �ggg _iy •�u ,-zonm�onrni m o p�� •. _�•� �6m i zo m vn c W � urgN 74-mun- A m a Im mo�A��gm cn a z zz mmn j D z a S �':• � '; •ci nzui oN�� 'o ••� �� NHno oWo m I � .Aon DSA � 30' x m n z <p o Z r D OZ z z � �m o D o 0 m Z Az m I '� Ir C D 0 CA •:ry. �y ...�. 'i.30' +Im Ni AB9RDEkN` VE• 2666.36' (PUT) —N 01'32.49" E (BA5l5 OF 8£FgIHC�':; •, �•j--rS1ft�AVE. SE . •• � OBD CN�UI_ mcnD We O O m ti m ti 2 Z :: 'moi 9i no _cziDmv.n��ocv fl'I l G)O'orzi ��•i�� z� DW�m N m z •'�• ��.� Wo on�Nn< � � � z o'� � o �ggg _iy •�u ,-zonm�onrni m o p�� •. _�•� �6m i zo m vn c W � urgN 74-mun- A m a Im mo�A��gm cn a z zz mmn j D z a S �':• � '; •ci nzui oN�� 'o ••� �� NHno oWo m I � .Aon DSA � 30' x m n z <p o Z r D OZ z z � �m o D o 0 m Z Az m I '� Ir C D 0 CA 40 20160819000244.001 RETURN ADDRESS: Puget Sound Energy, Inc. Attn: ROW Department (AEM) PO Box 970341 EST -06W Bellevue, WA 98009-9734 20160819000 @ 1 6@$ � PUGET sCIUND Ek EA$���/@ 44 PAGE -001 OF 003 73.08 03/19/2016 10 32 KING COUNTY, WA PUGET SOUND ENERGY EASEMENT REFERENCE #: ORIGINAL GRANTOR (Owner). MONTEREY MEADOWS, LLC GRANTEE (PSE): PUGET SOUND ENERGY, INC. SHORT LEGAL: Portion of NE 114 Sec. 32, Twp. 24 N., Rng. 05 E., W.M., K.C. ASSESSOR'S PROPERTY TAX PARCEL: 334570-0181, 334570-0182 For and in consideration of good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, MONTEREY MEADOWS, LLC, a Washington limited liability company ("Owner" herein), hereby grants and conveys to PUGET SOUND ENERGY, INC., a Washington corporation ("PSE" herein), for the purposes described below, a nonexclusive perpetual easement over, under, along across and through the following described real property (the "Property" herein) in King County, Washington: LOTS A AND B, RENTON LOT LINE ADJUSTMENT NUMBER LUA-03-045-LLA, RECORDED OCTOBER 02, 2003 UNDER RECORDING NUMBER 20031002900008, IN THE OFFICIAL RECORDS OF KING COUNTY, WASHINGTON. Except as may be otherwise set forth herein PSE's rights shall be exercised upon that portion of the Property ("Easement Area" herein) described as follows: EASEMENT No. 1: ALL STREETS AND ROAD RIGHTS-OF-WAY (BOTH PRIVATE AND PUBLIC) AS NOW OR HEREAFTER DESIGNED, PLATTED, AND/OR CONSTRUCTED WITHIN THE ABOVE DESCRIBED PROPERTY. (WHEN SAID STREETS AND ROADS ARE DEDICATED TO THE PUBLIC, THIS CLAUSE SHALL BECOME NULL AND VOID.) EASEMENT No. 2: A STRIP OF LAND 10 FEET IN WIDTH ACROSS ALL LOTS LOCATED WITHIN THE ABOVE DESCRIBED PROPERTY BEING PARALLEL TO AND COINCIDENT WITH THE BOUNDARIES OF PRIVATE AND PUBLIC STREETS AND ROAD RIGHTS-OF-WAY. 1. Purpose. PSE shall have the right to use the Easement Area to construct, operate, maintain, repair, replace, improve, remove, upgrade and extend one or more utility systems for purposes of transmission, distribution and sale of gas and electricity. Such systems may include, but are not limited to: 10' Plat Easement 2013 WC]# 10508098111070520011 RW -097277! Monterey Meadows Page 1 of 3 EXCISE NOT REQUIRED Ivialon E c >M WAnnet tlM 20160819000244.002 Underground facilities. Conduits, lines, cables, vaults, switches and transformers for electricity; pipes, pipelines, mains, laterals, conduits, regulators, gauges and rectifiers for gas; fiber optic cable and other lines, cables and facilities for communications; semi -buried or ground -mounted facilities and pads, manholes, meters, fixtures, attachments and any and all other facilities or appurtenances necessary or convenient to any or all of the foregoing. Following the initial construction of all or a portion of its systems, PSE may, from time to time, construct such additional facilities as it may require for such systems. PSE shall have the right of access to the Easement Area over and across the Property to enable PSE to exercise its rights granted in this easement. 2. Easement Area Clearing and Maintenance. PSE shall have the right, but not the obligation to cut, remove and dispose of any and all brush, trees or other vegetation in the Easement Area. PSE shall also have the right, but not the obligation, to control, on a continuing basis and by any prudent and reasonable means, the establishment and growth of brush, trees or other vegetation in the Easement Area. 3. Trees Outside Easement Area. PSE shall have the right to cut, trim remove and dispose of any trees located on the Property outside the Easement Area that could, in PSE's sole judgment, interfere with or create a hazard to PSE's systems. PSE shall, except in the event of an emergency, prior to the exercise of such right, identify such trees and make a reasonable effort to give Owner prior notice that such trees will be cut, trimmed, removed or disposed. Owner shall be entitled to compensation for the actual market value of merchantable timber (if any) cut and removed from the Property by PSE. 4. Restoration. Following initial installation, repair or extension of its facilities, PSE shall, to the extent reasonably practicable, restore landscaping and surfaces and portions of the Property affected by PSE's work to the condition existing immediately prior to such work, unless said work was done at the request of Owner, in which case Owner shall be responsible for such restoration. All restoration which is the responsibility of PSE shall be performed as soon as reasonably possible after the completion of PSE's work and shall be coordinated with Owner so as to cause the minimum amount of disruption to Owner's use of the Property. S. Owner's Use of Easement Area. Owner reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted, provided, however, Owner shall not excavate within or otherwise change the grade of the Easement Area or construct or maintain any buildings or structures on the Easement Area and Owner shall do no blasting within 300 feet of PSE's facilities without PSE's prior written consent. 6. Indemnity. PSE agrees to indemnify Owner from and against liability incurred by Owner as a result of the negligence of PSE or its contractors in the exercise of the rights herein granted to PSE, but nothing herein shall require PSE to indemnify Owner for that portion of any such liability attributable to the negligence of Owner or the negligence of others. 7. Termination. The rights herein granted shall continue until such time as PSE terminates such right by written instrument. If terminated, any improvements remaining in the Easement Area shall become the property of Owner. No termination shall be deemed to have occurred by PSE's failure to install its systems on the Easement Area. 8. Successors and Assigns. PSE shall have the right to assign, apportion or otherwise transfer any or all of its rights, benefits, privileges and 'interests arising in and under this easement. Without limiting the generality of the foregoing, the rights and obligations of the parties shall be Minding upon their respective successors and assigns. 10' Plat Easement 2013 WO!/ 105080981 / 107052001 / RW -097277! Monterey Meadows Page 2 of 3 20160819000244.003 DATED this 1' day of 20j&. 161VIN S MONTEREY MEADOWS, LLC, a Washington limited liability company By: TAYLOR DEVELOPMENT, INC., a Washington corporation Its: Manager �j�J�' � Its: STATE OF WASHINGTON ) )SS COUNTY OF �! On this i l day ofd 20 4(P , before me, the undersigned, a Notary Public in and for the State of Was ngton, duly commissioned and sworn, personally appeared C, 171411 or to me known to be the person(s) who signed as , of TAYLOR DEVELOPMENT, INC, the Washington corporation in its capacity as manager of MONTEREY MEADOWS, LLC, the Washington limited liability company that executed the within and foregoing instrument, and acknowledged said instrument to be his / her free and voluntary act and deed and the free and voluntary act and deed of said limited liability company for the uses and purposes therein mentioned; and on oath stated that he / she was authorized to execute the said instrument on behalf of said limited liability company. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. Notary Public State of Washington TANYA M BUSHAW My Appointment Expires Aug 16, 2019 Novy sed, Imtt and all rotations must be Inside V margins SgFature at_lybtary) Print or sta(0 name of Notary) 'NOTARY UBLIC in and for the State of Washington, residing tt WA My Appointment Expires: 10' Plat Easement 2013 W09 105980981 / 1070520011 RW -097277 / Monterey Meadows Page 3 of 3 )M Or r•A%r+'Txr I'M, VIC uudersignod, I1FlHJY J . ; xc.''rl' nnrt ci+7'`Tl'f. !nn PFI,, Isis wife, DONALD h_ MALL and 1R,1,NA 1'9LL, ■Pis a3 Fe, t+rtlflfNrl J, Xd,ll- ;KNX and ALI0F. M. VrmUje.jN, t -is wife, U_T'illtr;: ll. IlfylriN, X-jSl'11GTDN 'MUT'UAL SAYINGS a-U'rw, a corporation, "li.l'PiLi's l�AHI�.i,IVIl[LC u Lm ASSlrMATION, a corporation, and GltrGG i il.ti[:?i CLIMPANY, a corrsnra- d tion, wha have an interest in the e011pwinr descrited Prone rty, rl(,. lsereLy convey and quit Claim to ItMUL0 G. IXIMIN and BARBARA B. 0 _ mr)MIM 1135 wiFe, a nonexclusive eascment for tl'e corsatruction, •.ivaintenacrce, repair, replacement andnperatzrm of a water nipeliue, Q. includinIf ueressary valves and other similar appurtenances ors, aloji;, and [under tl:e £ollnuing descril•ed real estate, s.itunte it, W the [;aunty of Nirll-, Rate of %masi-inl=tnu: me easterly 5 feet of Lot T, Southlane, accorclinp to plat reccrde,l in Volume -8 rF "lats, 'a es -0 nail -1, AND I'Le 1.csterly c feet of Lot R :;(,utI,lane,iccor•!i ; to nlat recrrded in Volare. of "lath, 'ales ;1. and 71, .INT) The south 150.16 Feet of tt•e nest'.- 70T. Iort tl,e southeast quarter of tl:e northeast quarter f Section 32, rownst:in 21, XnrtL, !tame 9 int,` •' ., sXCrfr tl:e cast (•54.70 feet thereof; ANTI That portionof Lot 5 lyin;• easterly n• IIIIH Ir•io Southea.st, E1ock 4, r;• :)• 1-illmau's La he ';;Tall ir,ctc=❑ Garden of Eiden Addition to :Cattle., fli i�ir•s ;�-., accoretinl+ to plat recorded in "olure 16 of "age lt'. f D.1TM this 30th day of Gctot•er, tl FR. r,Y - PY:v..a- {I f kat+ a�5a��ret,ary� , 1n,ia d i. .a S&1TTL'_ IE[3fAfI4x F'IVINGS Li`:1\ Ur7' <ft% BY: :icutna .a raf-5�' sr rY 7-- 41; m J. man Sreaa. ' GUGG ,tiII '[?l CDNArANY AliCC M. Xeunasl r P.Y [�a[irge '1a :rn li APR 10 i3W M:•.. .•'W A r. .a'.:aJ'. ���.•.. y• F. -.`y - i.y�.i.p:w'ti •. ....a .'•., r ai _4i a� ifi . • A K >a )M Or r•A%r+'Txr I'M, VIC uudersignod, I1FlHJY J . ; xc.''rl' nnrt ci+7'`Tl'f. !nn PFI,, Isis wife, DONALD h_ MALL and 1R,1,NA 1'9LL, ■Pis a3 Fe, t+rtlflfNrl J, Xd,ll- ;KNX and ALI0F. M. VrmUje.jN, t -is wife, U_T'illtr;: ll. IlfylriN, X-jSl'11GTDN 'MUT'UAL SAYINGS a-U'rw, a corporation, "li.l'PiLi's l�AHI�.i,IVIl[LC u Lm ASSlrMATION, a corporation, and GltrGG i il.ti[:?i CLIMPANY, a corrsnra- d tion, wha have an interest in the e011pwinr descrited Prone rty, rl(,. lsereLy convey and quit Claim to ItMUL0 G. IXIMIN and BARBARA B. 0 _ mr)MIM 1135 wiFe, a nonexclusive eascment for tl'e corsatruction, •.ivaintenacrce, repair, replacement andnperatzrm of a water nipeliue, Q. includinIf ueressary valves and other similar appurtenances ors, aloji;, and [under tl:e £ollnuing descril•ed real estate, s.itunte it, W the [;aunty of Nirll-, Rate of %masi-inl=tnu: me easterly 5 feet of Lot T, Southlane, accorclinp to plat reccrde,l in Volume -8 rF "lats, 'a es -0 nail -1, AND I'Le 1.csterly c feet of Lot R :;(,utI,lane,iccor•!i ; to nlat recrrded in Volare. of "lath, 'ales ;1. and 71, .INT) The south 150.16 Feet of tt•e nest'.- 70T. Iort tl,e southeast quarter of tl:e northeast quarter f Section 32, rownst:in 21, XnrtL, !tame 9 int,` •' ., sXCrfr tl:e cast (•54.70 feet thereof; ANTI That portionof Lot 5 lyin;• easterly n• IIIIH Ir•io Southea.st, E1ock 4, r;• :)• 1-illmau's La he ';;Tall ir,ctc=❑ Garden of Eiden Addition to :Cattle., fli i�ir•s ;�-., accoretinl+ to plat recorded in "olure 16 of "age lt'. f D.1TM this 30th day of Gctot•er, tl FR. r,Y - PY:v..a- {I f kat+ a�5a��ret,ary� , 1n,ia d i. .a S&1TTL'_ IE[3fAfI4x F'IVINGS Li`:1\ Ur7' <ft% BY: :icutna .a raf-5�' sr rY 7-- 41; m J. man Sreaa. ' GUGG ,tiII '[?l CDNArANY AliCC M. Xeunasl r P.Y [�a[irge '1a :rn li APR 10 i3W M:•.. .•'W A r. .a'.:aJ'. ���.•.. y• F. -.`y - i.y�.i.p:w'ti •. ....a .'•., r ai _4i a� ifi . • A )M Or r•A%r+'Txr I'M, VIC uudersignod, I1FlHJY J . ; xc.''rl' nnrt ci+7'`Tl'f. !nn PFI,, Isis wife, DONALD h_ MALL and 1R,1,NA 1'9LL, ■Pis a3 Fe, t+rtlflfNrl J, Xd,ll- ;KNX and ALI0F. M. VrmUje.jN, t -is wife, U_T'illtr;: ll. IlfylriN, X-jSl'11GTDN 'MUT'UAL SAYINGS a-U'rw, a corporation, "li.l'PiLi's l�AHI�.i,IVIl[LC u Lm ASSlrMATION, a corporation, and GltrGG i il.ti[:?i CLIMPANY, a corrsnra- d tion, wha have an interest in the e011pwinr descrited Prone rty, rl(,. lsereLy convey and quit Claim to ItMUL0 G. IXIMIN and BARBARA B. 0 _ mr)MIM 1135 wiFe, a nonexclusive eascment for tl'e corsatruction, •.ivaintenacrce, repair, replacement andnperatzrm of a water nipeliue, Q. includinIf ueressary valves and other similar appurtenances ors, aloji;, and [under tl:e £ollnuing descril•ed real estate, s.itunte it, W the [;aunty of Nirll-, Rate of %masi-inl=tnu: me easterly 5 feet of Lot T, Southlane, accorclinp to plat reccrde,l in Volume -8 rF "lats, 'a es -0 nail -1, AND I'Le 1.csterly c feet of Lot R :;(,utI,lane,iccor•!i ; to nlat recrrded in Volare. of "lath, 'ales ;1. and 71, .INT) The south 150.16 Feet of tt•e nest'.- 70T. Iort tl,e southeast quarter of tl:e northeast quarter f Section 32, rownst:in 21, XnrtL, !tame 9 int,` •' ., sXCrfr tl:e cast (•54.70 feet thereof; ANTI That portionof Lot 5 lyin;• easterly n• IIIIH Ir•io Southea.st, E1ock 4, r;• :)• 1-illmau's La he ';;Tall ir,ctc=❑ Garden of Eiden Addition to :Cattle., fli i�ir•s ;�-., accoretinl+ to plat recorded in "olure 16 of "age lt'. f D.1TM this 30th day of Gctot•er, tl FR. r,Y - PY:v..a- {I f kat+ a�5a��ret,ary� , 1n,ia d i. .a S&1TTL'_ IE[3fAfI4x F'IVINGS Li`:1\ Ur7' <ft% BY: :icutna .a raf-5�' sr rY 7-- 41; m J. man Sreaa. ' GUGG ,tiII '[?l CDNArANY AliCC M. Xeunasl r P.Y [�a[irge '1a :rn li APR 10 i3W M:•.. .•'W A r. .a'.:aJ'. ���.•.. y• F. -.`y - i.y�.i.p:w'ti •. ....a .'•., r ai _4i a� ifi . �rr a� off+ ivin' C3 N a -z y s a� .v A ;atm 85/03/26 t/- M g `^ #0877 B EASEMENT RECD F ern CRSHSL ***-*5.50 55 fA s a � a� off+ ivin' C3 N a -z y s a� .v A ;atm 85/03/26 t/- M g `^ #0877 B EASEMENT RECD F 5.50 CRSHSL ***-*5.50 55 THIS INSTRUMENT, made this 3L! day of December, 1984, by and between Bryant Oaks and Priscilla J. Oaks, his wife, hereinafter call "Grantor(s)", and Ronald G. Dohrn and Barbara B. Dohrn, his wife, and Richard H. Dohrn and Colleen Dohrn, his wife, hereinafter called "Grantees". WITNESSETH: That said Grantor(s), for an in consideration of the sum of One Dollar and No/100 ($1.00) paid by Grantees, and other valuable consideration, do by these presents, grant, bargain, sell, convey, and warrant unto the said Grantees, its successors and assigns, an easement for a water pipe line with necessary appurtenances over, through, across and upon the following described property in King County, Washington, more particularly described as follows: The Easterly 101 feet of the southerly 130 feet of Gots 5 and 6, Block •i, Hillmans Lake Washington Garden of Eden V, rat. 5 less South 10;1 feet lying Southwesterly of County Road and I,ot 6 less West 130 feet less South 100 feet less Street Said heretofore mentioned Grantees, its successors and assigns, shall have the right, without prior notice of proceeding at law, at such times as may be necessary to enter upon said above described property for the purpose of constructnng, maintaining, repairing, altering or reconstructing said water line, or making any connections therewith, without incurring any legal obligations or liability therefore, provided, that such construction, maintaining repairing, altering or reconstruction of said water line shall be accomplished in such a manner that the private improvements existing in the rights-of-way shall not be disturbed or damaged, they will be replaced in as good a condition as they were immediately before the property was entered upon by the Grantees. The Grantors shall fully use and enjoy the aforedescribed premises, including the right to retain the right to use the surface of said right-of-way if such use does not interfere with installation and maintenance of the water line. However, the -1- k Grantors shall not erect buildings or structures over, under or E �? across the right-of-way during the existence of such water line.Fs ` This easement, shall be covenant running with the land and �•� i' t shall be binding on the Grantors, their successors, heirs and t i assigns until such time as public water is available to Grantees', r on 110th Place Southeast at which time the easement shl terminate and Grantees shall disconnect and remove the water line from the i• ° 'l r.. easement. Grantors covenant that they are the lawful owners of fi r the above properties and that they have a good and lawful right to y, r,�_ �y•'_ execute this agreement. GRANTORS: QJ 19-GRANTEE&: Pc , :...: Q7 STATE OF WASHINGTON COUNTY OF KING I, the undersigned, a Notary Public in and for the State of 41`. ,;•s!:'. Washington, hereby certify that on this � day of December, 1 1984, personally appeared before me Bryant Oaks and Priscilla J. Oaks, husband and wife, to be known to be individuals described in I r; and who executed the foregoing instrument, anrZ��'yw at u they signed and sealed the same as their free -ataU3 n ct and deed for the uses and purposes therein menti"atS`e "3 �-4 c n�r' the atWashiresi ig null`:: f STATE OF WASHINGTON ) j ) ss. ,rir,l•. COUNTY OF KING ) I, the undersigned, a Notary Public in and for the State of Washington, hereby certify that on this 22nd day of INgJp�, personally appeared before me Ronald G. Dohrn and Barbara B. �} Dohrn, husband and wife, to be known to be individuals described !I a i • M CO JYXLMAN' S RIAMM ILIT ° mm (0)IF DEN AO,0/7701V TO SEATTLE DIS% no. rI 5co/c one rnch• 200 f! H M. Love G. E. 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CGuxd PA;,.w prrJen& b be u'CCF ded kr res earrwrale rearm- Clarpxc P. flNlinan rti �srdenl, and l3csvc A+irc t7111ir)7rJr7 rLy .�ccrc 0/0 Ns cryparuie KW/ herrnnlo alll','a8 At. 2?raj dayWJvlyA06V Iralrreases 3 {f"'�'„ 7fw Ndlman Invew5nonl Co flarxr R-t3alerrw7 i � ay L'Inrrrx'r if Millman 6y 6ccxc OrYrr flr�r+an �a..1 �lfenrxy �,.�. � G4 fheardF�r1 ala ,�eereloryr ACKNOWLEDOr-MENT .Slplr Ar ii�7.]✓]rnglIN711.. Caw /q, d foxy J�'y Mi rs M cerlr y /hal cal huts 1?r�1 da at✓ ¢i• c41 AD 1.907, M rc r„c ft erxler�-+cd, o nofory;cv6lrr � ora �Gr the �kdC ar Ma. �rr.aVfaa per--- ave r oplvcored L7nrcnee A Hillrrka� Io nre N»awn Ie Ge /hr cn1. a�?d r9raale 47Gre lyllknon MMC /moron Ai do .ane-IASCYrIO ry earAf lh&rhal k]r'e ahncrrl Q7pr ny and ok- offrccrr drascl7Eed w ondR* ire-cvkd A4e rxrcmpany/rry dcrdcx #m and adfnvwlcdged bx awrd aa�lrcom• enl l & 1r Ircr 41d rakenlary ac/ 4"a chcr/ c,1'.w1r/ 6arparetl6n, far hocaas and pu �c A%F Clnrncnlivned &W ver MO nlahsd PAxV Iiry c uliur .Q7 6 arrruic anru rr�y/ r menl and 11x71 d amI dilxedIhr ctvPwralc .xnl ct .so+r! 4xla�rrnlrcvr u7 ,I•rinca" *hereof have Irerevnly ssl nw him .7[x1 11Ac clay a r/ {,rit at'4A'c wn14: Ilia - lh ��'� rfra/ary PublrC Cx IHe �Ir pr J6bcplrin9lan, rGord�l�yo1 ` IIk Approvca by/hc Mar'd ojCow7A�y (.bnmi�9ioncre o!I(nyCovnty GYaeh- mylan AJJ, 29/h day ar A . e 7121.1907 Atle,:Aw Don R Abraham . l pr4g�rr'rcw Chairman 3revciary aP�iSe Laaard Ar Cvuyty ®r(iN 1911Cooly WosiHnghw 501111 Filed for record al the apse& d' C DA1111mon r 13/ 1507 al 45rnAWtra Pa.71 1,1M and rr4ofMrd mr rt twx /6 drvala page 16 Mcrarde of kay COM y 1. p.'.49rre'+v cv r"& AcxJ:ka- a I I 2 I I I a � 4 S a 3 10 g I7q43 e I i' ra% I 4 FM Z s MAIN ^ F ti EAd—MV and OAWovea' This 27 day Ol'Jv1y A. D. /907 A- L. Valcnlirre Covn y Engineer R 2 a 4 i 9 G S r a 10 g b ti EAd—MV and OAWovea' This 27 day Ol'Jv1y A. D. /907 A- L. Valcnlirre Covn y Engineer R 2 � I 3 n 4 S a 7 a e a ti EAd—MV and OAWovea' This 27 day Ol'Jv1y A. D. /907 A- L. Valcnlirre Covn y Engineer R SUBDIVISION Issued By: CHICAGO TITLE INSURANCE COMPANY Guarantee/Certificate Number: 0081789-06 CHICAGO TITLE INSURANCE COMPANY a corporation, herein called the Company GUARANTEES Hultquist Homes, Inc., a Washington corporation, their successors and/or assigns 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 Insurance Company By: Chicago Title Company of Washington 701 5th Avenue, Suite 2700 �WPPA� 4-1Seattle, WA 98104 Countersigned By: Authorized Officer or Agent Attest: President Secretary Subdivision Guarantee/Certificate Printed: 10.12.16 @ 09:26 AM Page 1 WA-CT-FNSE-02150.622476-SPS-1-16-0081789-06 CHICAGO TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 0081789-06 ISSUING OFFICE: Title Officer: Commercial / Unit 6 Chicago Title Company of Washington 701 5th Avenue, Suite 2700 Seattle, WA 98104 Main Phone: (206)628-5610 Email: CTISeaTitleUnit6@ctt.com SCHEDULE A Liability Premium T Tax $1,000.00 $350.00 $33.60 Effective Date: September 28, 2016 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: Hultquist Homes, Inc., a Washington corporation subject to the matters shown below under Exceptions, which Exceptions are not necessarily shown in the order of their priority. END OF SCHEDULE A Subdivision Guarantee/Certificate Printed: 10.12.16 @ 09:26 AM Page 2 WA-CT-FNSE-02150.622476-SPS-1-16-0081789-06 EXHIBIT "A" Legal Description For APN/Parcel ID(s)- 092105-9158-02 THE NORTH HALF OF THE NORTH HALF OF THE SOUTH HALF OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; TOGETHER WITH THE WESTERLY 264.72 FEET OF THE SOUTH HALF OF THE NORTH HALF OF THE SOUTH HALF OF THE EAST HALF OF THE NORTHEAST TOWNSHIP 21 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; EXCEPT THAT PORTION CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED UNDER RECORDING NUMBER 2680899; AND EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON BY WARRANTY DEED RECORDED UNDER RECORDING NUMBER 9506201489; (ALSO KNOWN AS PARCEL B, CITY OF AUBURN BOUNDARY LINE ADJUSTMENT NUMBER BLA-09-0001, RECORDED UNDER RECORDING NUMBER 20110113900001, IN KING COUNTY, WASHINGTON). SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. Subdivision Guarantee/Certificate Printed: 10.12.16 @ 09:26 AM Page 3 WA-CT-FNSE-02150.622476-SPS-1-16-0081789-05 CHICAGO TITLE INSURANCE COMPANY 2. 3. SCHEDULE B GENERAL EXCEPTIONS: GUARANTEE/CERTIFICATE NO. 0081789-06 H. Reservations and exceptions in United States Patents or in Acts authorizing the issuance thereof. SPECIAL EXCEPTIONS: Covenants, conditions, restrictions, recitals, reservations, easements, easement provisions, dedications, building setback lines, notes, statements, and other matters, if any, but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth on City of Auburn Boundary Line Adjustment No. BLA 09-0001: Recording No: 20110113900001 Reservation of all coal, oil, gas and mineral rights, and rights to explore for the same contained in the deed Grantor: Weyerhaeuser Timber Co., a Washington corporation Recording Date: August 1, 1925 Recording No.: 2053320 Note: Said deed provides for just and reasonable compensation for any injury to the surface of said Land in exercising their rights. Agreement and the terms and conditions thereof: Between: Owners And: State of Washington Recording Date: May 26, 1995 and June 20, 1995 Recording No.: 9505261211 and 9506201489 Regarding: To reconstruct and maintain road approaches Agreement and the terms and conditions thereof: Between: City of Auburn And: JPS Holdings LLC Recording Date: September 19, 2007 Recording No.: 20070919002386 Regarding: Payback agreement King County Form - Seller's Notice of on -Site Sewage System Operation and Maintenance Requirements Recording Date: March 11, 2003 Recording No.: 20030311001214 Subdivision Guarantee/Certificate Printed: 10.12.16@09:26 AM Page 4 WA-CT-FNSE-02150.622476-SPS-1-16-0081789-06 CHICAGO TITLE INSURANCE COMPANY SCHEDULE B (continued) GUARANTEE/CERTIFICATE NO. 0081789-06 6. Development Agreement, and the terms and conditions thereof: Recording Date:April 6, 2004 Recording No.: 20040406000596 7. 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: 2016 Tax Account No.: 092105-9158-02 Levy Code: 0135 Assessed Value -Land: $176,000.00 Assessed Value -Improvements: $223,000.00 General and Special Taxes: Billed: $5,824.54 Paid: $2,912.27 Unpaid: $2,912.27 8. The search did not disclose any open mortgages or deeds of trust of record, therefore the Company reserves the right to require further evidence to confirm that the property is unencumbered, and further reserves the right to make additional requirements or add additional items or exceptions upon receipt of the requested evidence. END OF EXCEPTIONS NOTES The following matters will not be listed as Special Exceptions in Schedule B of the policy. There will be no coverage for loss arising by reason of the matters listed below because these matters are either excepted or excluded from coverage or are not matters covered under the insuring provisions of the policy. Note A: 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: LOT B, CITY OF AUBURN BLA #09-0001, REC. 20110113900001 Tax Account No.: 092105-9158-02 Note B: Note: The Public Records indicate that the address of the improvement located on said Land is as follows: 30605 132nd Ave SE Auburn, WA 98092 Subdivision Guarantee/Certificate END OF NOTES END OF SCHEDULE B Printed: 10.12.16 @ 09:26 AM Page 5 WA-CT-FNSE-02150.622476-SPS-1-16-0081789-06 ftdlua- 0 tb on it: oarve 'M - t1w �O-Lv rtg .'Ok a. diet of SU -3-6617 'of 036,99 ft to that th IT 894,100 41".A.0 r 039600 ft cont 0*91 as mrl P/w Rsut<.bn j',s9trner- rom,". tjt in kow kaw Jul 11-31 by Marion Lurtd,, bs 'it W,,C.Janomi app Por wl rais at llsdoitdo na Tj,,,o P by OD V,:agr) TUI, 13 -31. 'TUL' 11 -M 410 Goo* Urner- 91, Vlng# Ottlitip 4f - 04 890 -- hIM ----AjjFj 0ptn. of' the 'tA O MI. of 149j. of oil o 0 T al- 5 Owm � W.,.-Ocataitzod Wlthlll A slt�lp Q Id -ft In. wlidg%i --wJdth 4sing orr, ouah NUO Off'.tlLt trA do* csnW" jLIq -"1501i -At the L.Qxl COMP'..4orl to'0-9 60 3-4'wnd - io -'p A IvIi i% . 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Pop 'it 8901181�. 4"i4l #'Mtinir ro0,,:: kair 616n; 0445 OLO Inrl RAI Rixiion I k kv b coloh6lv 0* 4rul 11- S by Renry 0-#8 1 cod IMu' 11 till 4) r W fop a* r*s rpt Redondo v, -a-- b (PXd 4 'RAW) =MIN D 791 Ail 2 1-31 �]L is M • WARRANTY DEED State Route 18, S.E. 344th Street Interchange Vicinity 0 Q 0 0 0 o The Grantors, NEIL A VIEN and VERONIKA M. VIEN, husband and wife, for and in consideration of the sum of TEN AND N01100 (S10.ai) DOLLARS. and other valuable o consideration, hereby convey and warrant to the STATE OF WASHINGTON, the following described real estate, situated in icing County, in the State of Washington, to the same extent and purpose as if the rights herein granted had been acquired under Eminent Domain statutes of the State of Washington, See Exhibit A attached hereto and made a part hereof. ori It i3 understood and agreed that delivery of this deed is hereby tendered and that the terms N and obligations hereof shall not become binding upon the State of Washington unless and until a accepted and approved hereon in writing for the State of Washington, Department of a Transportation, by the Director of Real Estate Services. q m m � M Dated: S/j0 _ , 1995 W Accepted and Approved: STATE OF WASE[INGTON Department of Trxana tion By: t �� Joachim Peslinger, SRIWA Director, Real Estate Services Date: DOT 262-011 (wd)(10/2694) Page I of palet: NEU, A VEN VERONTKA M. VIEN F. A. No. F-0180 Parcel No. 1-15117 m MT O ca O WARRANTY DEED S'T'ATE OF WASHINGTON ) ss. County of King ) On this to 4A day of1995, before me personally appeared Neil A. Vien and Veronika Vien, aka Vero to M. Vicn, to me known to he the individuals described in and who executed the foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal the day and year last above written. avTL -L . Parr Notary Public in and for the tate of Washington, residing at 5 ire,. My Appointment expires t �01AIF,�Wwj Pagc 2 of 3 pages F.A. No. 018( ) Parcel No. 1-15117 OR a< II r WARRANTY DEED 1a EXH rr A All that portion of the hereinafter described PARCEL "A" lying easterly of a line beginning at a ` point opposite Highway Engineees Station (hereinafter referred to as HES) C 142+45 on the C Line survey of SR 18, S.E. 304th Street Interchange Vicinity, and 42 feet westerly therefrom; thence northerly parallel with said C Line survey to a point opposite HES C 143+50 thereon; thence westerly to a point opposite said HES C 143+50 and 46 feet westerly therefrom; thence northerly parallel with said C Line survey to a point opposite HES C 144+68.63 P.C. thereon and the end of this line description. f - PARCEL"A" The north half of the north half of the south half of the cast half of the northeast quarter of the northeast quarter of Section 9, Township 21 North, Range 5 East, W.M., in King County, " Washington; EXCEPT that portion conveyed to King County for road purposes by Deed recorded under_ Recording Number 2680899. -, The lands herein described contain an area of 2,343 square feet, more or less, the specific details concerning all of which are to be found in that certain map of definite location now of record and er on file in the office of the Secretary of Transportation at Olympia, and bearing date of approval ODecember 16, 1994, revised March 17, 1995, with revision pending to delineate this transaction. It is understood and agreed that the State of Washington will reconstruct the existing road approaches on the westerly side of said Highway at or near Highway Engineer's Stations C 142+99 and C 143+89, which APPROACHES shall be maintained between the right of way line and the shoulder line of said Highway by the Grantors, their heirs, successors or assigns. The Grantors herein further grant to the State of Washington, or its agents, the right to enter upon the Grantors' remaining lands where necessary to reconstruct said road approaches. Reviewed: U.tat• Date: /4 F. A. No. F-013() DOT 262-011(wd) (10/ GM) Page 3 of 3 pages Parcel No, 1-15117 CITY OF AUBURN BOUNDARY LINE ADJUSTMENT NO. RLA DECLARA-ION KNOW ALL MEN BY -MESE PRESENTS GNAT W'E ME UNDER- SIGNFD OWNER(S) OF THE LANG HEREIN DESCRIBED TO HEREB MAKE .A BOUNDARY EINE ADJUSTMENT THEREOF PURSUANT TO RCW 58 17,040 AND DECLARE NI:S ADJUSTMENT TO BE THE GRAPHIC REPRESENTATION OE THE' SAME. AND THAT SAID ADJUSTMENT S MADE .11 R1E FREE CONSENT AND IN AC- CORDANCE W1TH THF DESIRES OF THE OWNER(5) IN wmE55 Wt-ERFOF WE HAUL 5IT OUR HANDS AND SEALS. ,, >< n Iwo INaT s wuslm a5E7'.A�in 1TAlT RARAR[ Blyt{T s[A1E m OD. R`,7" I 4DuF-ae � ss ew •M BI. yY-AmMO.• N1r[Aly Nr(w'25-1.1AN [D R", n wn1A ^[ ip� �Il.rlii n M M,tl'EN W00N19 -AKOR ro Vnal P[N PYl KY Or vA.ye.F. TIURe � 'ri'«G'4. mw>,piA .,aTt�'IiN+`i uR41 _�E414Lk_ i[lR v wlvuMNA � � fexNr• Q Illy, a tlNf W. W14�A�L 1m11L [, a tinrW.. NowEDOEu E s.ND NstHUUExT rO BE rNE mEe AxD Y D DIED , sAm nxisN ;la1 AND P1,Rv0scs IH saoniuEm'v wDlw DAI -was AY 1NaB to EOE1_ aNw�uryoca T v ng- WADPomaEa Al _DAY OF ND TUE ww uZD TDR Ga4 MY CWW S4M1 '� 21 EVPIREB CTY OF AUBURN .APPROVAL DEPARTMENT OF PLANNING. BUILDING AND COMMUNITY wz-Ro(�,(�rllHIS I& DAV ,r Tz"yBL'1_.2ojL. O "14MED 14 MED �+AE'Yty(] Isry% tit DAY OF ;&#ly1/•s, 203L OLD LEGAL DESCRIPTIONS: 7 Ml4! (TNT PMS Og106-01r) EAST GUADIEx AF SECn 1,xµT PURPDSEs BY DEED BIC... -1R RECOEND NMYRRwa50B201aFOR ­ !NaAm n m (r. rAAYuliae-ateN� f4'1r1 Wt tbft*WGTAGAAIII >0P •M [ ft Ip ftADWPuarOSER BY DEED AtY6 VItlC. A[4pM: •.w 2. - t m,[n wofA YL1 [>/• �n�lE H56z[TTGrC b M9a•5t, 0. %04 EYCEPT10114�7LEE ND. eAU82PABB RIDE ANDD 95w2-1. nR wA9NlDTDn uxom BEG, Rcc ND xoworoBo9a"sTDA ADNrEMENI TTN COY Or -N DHDN1 xwFAA InTn wlooNI m« r R .1A1E w All -,TON ) sui nYAi CITY OF AUBURN RECORDING NQ VOL /PAGE BOUNDARY LINE ADJUSTMENT NOEL- & —2--2-001 I.FGRND SCALE: I DO ,02 ro PORTION OF 01 E KF COMM wk Q SN OF PRI- LINE S.E. 306TH CT. wArsowlF N UN! a 1/2 V 11 NE 1/4 OF NE - SEC 4* -15 6FI52, A Order: 81789-06 Page 2 of 2 Requested By: CTTSTLNA, Printed: 10/4/2016 4:24 AM Doc: KC:2011 20110113900001 o", PARCEL NEW AREA 145,829 S, F SOUR 1- 40- OLD AREA 4y Al W181-1 E 4 > AD iJ CONWWDz `OLD PROPERTY UNE 21, M TM OF a 067' i.OT RM N rrw ISEml n, NEW LOT UNE TEMPORARY EASt"It 10 ALLAN RM NQ SRC 1rD. - - - - - - - - - - - - - - - - - - -- N 8939'02* E CONWYED TO WE VA -E OF WASHINGTON X REC. ND 9595052612111211 OLD AREA - 352.'Nse- N 1/2 OF 5 l/2 aF 1rt if/; ;" E 1/4 SEC. t -2t -t Order: 81789-06 Page 2 of 2 Requested By: CTTSTLNA, Printed: 10/4/2016 4:24 AM Doc: KC:2011 20110113900001 4y Al W181-1 E 4 > AD iJ CONWWDz 11.F 21, M TM OF a 067' i.OT RM N rrw ISEml n, PARCEL 4-,, ft NEW AREA % 1 5 58,424 Sq Fl 1 CONWYED TO WE VA -E OF WASHINGTON X REC. ND 9595052612111211 OLD AREA - 352.'Nse- N 1/2 OF 5 l/2 aF 1rt if/; ;" E 1/4 SEC. t -2t -t ;CT.1 Balms & Holmberg Inc. WILLOW PLACE DW 8rI45-055 DA �D55KA 2 .- Order: 81789-06 Page 2 of 2 Requested By: CTTSTLNA, Printed: 10/4/2016 4:24 AM Doc: KC:2011 20110113900001 ,aro usardanu, taS' in ktiw los-ja potltta Of 101.0 ! 1 tis ken 'for :It Purp Thio dons: �;vt1 pursuant to aril wut. ;a 1"11 tho torma anal oapoolally tho provi partKiniAl to: t-xx liens Find arm of PA mtx aertain oont of ar.lo ttrr,+l. purr b$tw the partiem hto dtd v0V 1-P3 pertainingto thv above �,on prop rich vr-,nt la i,no in the o' -11" of the ori of ka in voA 1:1,1.7 of drresin sat p( -,t OP, DW Id 04,Antie 3 Cora .Er1+. Aio1 `caw dul 31 -I'D i)y l'invitt G hAn�ti.01 aal Cotgi A '.noel � `NAw bar Catherine r.,Vndden np for aw roo at n nu Mov 8-28 �•. i ci LiF r '91 2 it )':arae Co Nn .cul int -k' �y "oa. :;,rang V �-g-e , of rite i'L 0 L G (of) baf } ifr,06 F.Fir�mi,n np for rw e62 (kt Tn-coma-I:sa Jan "4-27 '� (;Al op 11 3 Pox k06 Kant) 321. to 27 V1 �Citi��3 a •�� Jul. 31 --IND r?' `�liry.iro tt� ►11nr� '-.vni�,;a� ,r, rt vr�{1.0+ta 0 icca+t+ to '' �i'.�:'. xs ��.� s. }) a i :1 t i. Ork ?� 0 or p Or Ka w tilt) of � l.�)00. toethr with Lilt r.�oil to 7 nod t)bl on :'l,k 2,6 c1r `la].moR INV ;,arx a".Ad to tho C of -III AMI to Plitt rR�ci in Vol 4 of vlr�tsl :tt irk Ili of *iso rr3R or kow sit in krw "t ,•oz' k`kby wolves alli,,matd rtra snit ire event sof f01 rt{fr.aea to a,.ivQ !Prrr��li.��ttz f,nca}er►e,lan. !,Alen Y,own ,mt to 01 kctrr .'A by 11lizx0both f'llon Lfmirwito, ri wt.;arr 0f kaw bait .�;.;ti i,�s.n np !'sir taw 'i $-Atz rra �Pc4t► 11•R 6 (�'l rap S - � w Jul 113-P,5 {111boo. 1 nbU irBx WayerhsAawier ?,af;ged ,T11 i,-tind docrpany, a 'Pin oorp to (Aorge ';,a +nor, 0'r Kont , Fp f; b %nd nv to tip lifts ha. t170 i`cI& in caw J The 'u of ill of 111,,'i of 'lea 9 TI) p1 p` '' 0 Y!X., raoervin�, _ howover to the rp ito a frl.so t+t tt� ua�e t;1aG .;'ly 0 '"t tlaai' i*az� a wagon rontlq the tt hire, ayod oont 'PO 6a mrl saoo to tbo 1" Covt purvey cub j to any t'!!>,ti4frrb ntia-- .:: Tn have and to hold 19g❑ _«- Cov Cit oxocpt 11.4 „data n.ny rte l;i+°.no or eno croaated or parrnitte& tiny person nthar thnn the rp Pl-1320 andr�xaept ae r ¢hut the txx and itakit:l rt4 ;pfd:-amil w0h if any Up rt�ttuar.tl�3 to i,Ayp Weyerhaouser Taatrgwl Orf Land Comm Any �•. i ci LiF r '91 2 it )':arae Co Nn .cul int -k' �y "oa. :;,rang V �-g-e , of rite i'L 0 L G (of) baf } ifr,06 F.Fir�mi,n np for rw e62 (kt Tn-coma-I:sa Jan "4-27 '� (;Al op 11 3 Pox k06 Kant) 321. to 27 V1 �Citi��3 a •�� Jul. 31 --IND r?' `�liry.iro tt� ►11nr� '-.vni�,;a� ,r, rt vr�{1.0+ta 0 icca+t+ to '' �i'.�:'. xs ��.� s. }) a i :1 t i. Ork ?� 0 or p Or Ka w tilt) of � l.�)00. toethr with Lilt r.�oil to 7 nod t)bl on :'l,k 2,6 c1r `la].moR INV ;,arx a".Ad to tho C of -III AMI to Plitt rR�ci in Vol 4 of vlr�tsl :tt irk Ili of *iso rr3R or kow sit in krw "t ,•oz' k`kby wolves alli,,matd rtra snit ire event sof f01 rt{fr.aea to a,.ivQ !Prrr��li.��ttz f,nca}er►e,lan. !,Alen Y,own ,mt to 01 kctrr .'A by 11lizx0both f'llon Lfmirwito, ri wt.;arr 0f kaw bait .�;.;ti i,�s.n np !'sir taw 'i $-Atz rra �Pc4t► 11•R 6 (�'l rap S - � w .7.m J V4 V4 N GJ N T a --� WARRANTY DEED n A 0 0 State Route 18, S.E. 304th Street Interchange Vicinity m ru The Grantors, ALAN W. BOLLES and SALLY S. BOLLES, husband and wife, for and in consideration of the sum of TEN AND NO/100 (510.00) DOLLARS, and other valuable consideration, hereby convey and warrant to the STATE OF WASHINGTON, the following described real estate, situated in King County, in the State of Washington, to the same extent and purpose as if the rights herein granted had been acquired under Eminent Domain statutes of the State of Washington: See Exhibit A attached hereto and made a part hereof. It is understood and agreed that delivery of this deed is hereby tendered and that the terms and obligations hereof shall not b,:come binding upon the State of Washington unless and until accepted and approved hereon in writing for the State of Washington, Department of \ Transportation, by the Director of Real Estate Services. aink ur wAH mI ulVN g Department of Transportation J REAL ESTATE SERVICES OFFICE , Transportation Building P. 0. Box 4 7338 Olympls, Washington 98504-7338 a DOT 262-011 (wd) (1=6194) Page 1 of pages Dated: ivr /- ,r 0 1995 Bolles Sallys. Boll US -- F. A. No. F-018 () Parcel No. 1-15139 0 a e T Accepted and Approved: �- STATE OF WASHINGTON Department ofTTransp tion BY: oac him Pestinger, SR/WA Dtor, Real Estate Services Date: aink ur wAH mI ulVN g Department of Transportation J REAL ESTATE SERVICES OFFICE , Transportation Building P. 0. Box 4 7338 Olympls, Washington 98504-7338 a DOT 262-011 (wd) (1=6194) Page 1 of pages Dated: ivr /- ,r 0 1995 Bolles Sallys. Boll US -- F. A. No. F-018 () Parcel No. 1-15139 0 a e M= W4 rl GO N V) O I0 M WARRANTY DEED STATE OF WASHINGTON ) ss. County of King ) a On this �_ day of1445, before me personally appeared Alan W. me Bolles and Sally S. Bolles, to kno Io be the individuals described in and who executed the foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal the day and year last above written. N0TAR) pi+B Ltd DOT 262-011 (wd)(10/26194) Yom//i m or: /f �'7t �' �n ✓J c- r �!{'r. T r Notary Public Public in and for the State of Washington, residing at i� ,. ✓. //-� My Appointment expires 41-1-517-9 F. A. No. F -U18 { } Page 2 of 3 pages Parcci No. 1-15139 L1 . WARRANTY DEED 0 M EXHIBITA All that portion of the htreinefter described PARCEL "A" lying easterly of a line beginning at a point opposite Highway i;rtginecr's Station (hereinafter referred to as HES) C 137+751- an the C Cine survey of SR 18, S.E. 304th Street Interchange Vicinity, and 30 feet easterly therefrom; thence westerly to a point opposite HES C 137+76:k on said C Line survey and 30 feet westerly therefrom; thence continuing westerly to a point opposite said FIES C 137+76± and 42 feet westerly therefrom: thence northerly parallel with said C Line survey to a point opposite HES C 143+50 thereon and the end of this line description. PARCEL"A" The south half of the north half of the south half of the east half of the northeast quarter of the northeast quarter of Section 9, Township 21 North, Range 5 East W.M., in King County, Washington; EXCEPT that portion conveyed to icing County for road purposes by decd recorded under Recording Number 2680899. It is understood and agreed that the State of Washington will reconstruct the existing road approach on the westerly side of said Highway at or near Highway Engineer's Station C 142+45, which APPROACH shall be tnaintaincd between the right of way line and the shoulder line of said Highway by the Grantors, their heirs, successors or assigns. The Grantors herein further grant to the State of Washington, or its agents, the right to enter upon the Grantors' remaining lands where necessary to reconstruct said road approach. The lands herein described contain an area of 1,988 square feet, more or less, the specific details concerning all of which are to be found in that ceratin mag of drfinite location now of record on V4 file in the office of the Secretary of Tmnspartation at Olympia, and bearing date of approval W December 16, 1994. ca L� O Ili REVIEWED: V Date:. F. A. No. F -0I8 ( ) DOT 262-011 (wd) (10/26194) Page 3 ora pages Parcel No. 1- 15 139 rl go 0 ■ WARRANTY DEED State Route 18, S.E. 304th Street Interchange Vicinity The Grantors, NEEL A VIEN and VERONIKCA M. V1EN, husband and wife, for and in consideration of the sum of TEN AND NOIIOO <S10.00) DOLLARS, and other valuable consideration, hereby convey and warrant to the STATE OF WASHINGTON, the fallowing described real estate, situated in King County, in the State of Washington, to the same extent and purpose as if the rights herein granted had been acquired under Eminent Domain statutes of the State of Washington: See Exhibit A attached hereto and made a part hereof. It is understood and agreed that delivery of this deed is hereby tendered and that the terms and obligations hereof shall net become binding upon the State of Washington unless and until accepted and approved hereon in writing for the State of Washington, Department of Transportation, by the Director of Real Estate Services, Accepted and Approved: STATE OF WASHINGTON Department of Trane tion Joachim Pestinger, SRIWA Director, Real Estate Services DOT 262-011(wd)(l0/2 N) Page 1 of pages Dated: S//D _1995 IZE)L� VERONIKA M. MEN F. A. No. F -0I80 Parcel No. 1-15117 0 0 ft r 0 dh WARRANTY DEED n v STATE OF WASFUNGTON ) ss. o County of King ) On this /v ,Sh day of Il'i 1995, before me personally appeared Neil A. a Vien and Veronika Vien, aka Vero ca M. Vien, to me known to be the individuals described in and who executed the foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal the day and year last above written. l]7 Notary Public in and for the tote of Washington, residing at 5 •. " le - 44 G My Appointment expires i U CO �y �ptARpy ' r ��a �• tib � r F.A. No. 018( ) Page 2 of 3 pages parcel No. 1-15117 W Be 0 WARRANTY DEED �7 EXHIBIT A All that portion of the hereinafter described PARCEL "A" lying easterly of a line beginning at a ' point opposite Mghway Engineer's Station (hereinnfier referred to as HES) C 142+45 an the C Line survey of SR 18. S.E. 304th Street Interchange Vicinity, and 42 feet westerly therefrom; thence northerly parallel with said C Line survey to a point opposite HES C 143+50 thereon; s thence westerly to a point opposite said HES C 143+50 and 46 feet westerly therefrom; thence northerly parallel with said C Line survey to a point opposite HES C 144+68.63 P.C. thereon and the end of this Line description. 3 PARCEL "A" The north half of the north half of the south half of the east half of the northeast quarter of the.. northeast quarter of Section 9, 'township 21 North, Range 5 East, W.M., in King County, Washington; EXCEPT that portion conveyed to King County for road purposes by Deed recorded under- Recording Number 2680899. O The lands herein described contain an area of 2,343 square feet, more or less, the specific details UD concerning all of which are to be found in that certain map of definite location now of record and d on file in the office of the Secretary of Transportation at Olympia, and bearing date of approval 91-4 December 16, 1994, revised March 17, 1995, with revision pending to delineate this transaction. O CQ It is understood and agreed that the State of Washington will reconstruct the existing road approaches on the westerly side of said Highway at or near Highway Engineer's Stations C 142+99 and C 143+89, which APPROACHES shall be maintained between the tight of way lime and the shoulder line of said Highway by the Grantors, their heirs, successors or assigns. The Grantors herein further grant to the State of Washington, or its agents, the right to enter upon the Grantors' remaining lands where necessary to reconstruct said road approaches. Reviewed: Date:Iio�9y _ F. A. No. F-018( ) DOT 262-011(wd) 00/26194) Page 3 of 3 pages Parcel No. 1-15117 20070919002386.001 Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 i I i 20070919002386 PACIFIC NU TIT AG 47.00 PAG'E003 OF 908 09!39/2007 14;39 KING COUNTY, UA _ Above this line reserved for rQcording information. Nwww 1Q -��!'^ PAYBACK AGREEMENT #103 � DEVELOPER'S EXTENSION FAC04-0006 Reference # (if applicable): Grantor : City of Auburn Grantee : JPS Holdings LLC Legal Description / STR: NE 092105; NW 102105 SE 042105; SW 032105 Assessor's Tax Parcel ID#: See Exhibit A This Agreement made and entered into this day of _ 2007, by and between the City of Auburn, a municipal corporation of King County, Washington, hereinafter called the CITY and JPS Holdings LLC, 18124 Riveria Place SIMV, Seattle WA 98116, hereinafter referred to as DEVELOPER. WHEREAS, pursuant to Chapter 35.91 RCW et sed., the CITY has by Resolution No. L&32_ adopted by the City Council of the CITY on the day of 2007, approved the execution of this Payback Agreement with the D VELOPER above and referring to facilities described herein; and WHEREAS, the above-described DEVELOPER has offered and the CITY has agreed to accept a bill of sale, as part of the utility systems of the CITY; &Wdocument(s1yms fiipi fpr PAYBACK AGREEMENT #103 DEVELOPER'S EXTENSION PAGE 1 OF 8 rowel by Padfle Nmttwsat `i Me pr, - ---- --a1Wm nsot been uaftnsd as to properexa(vYkn or a9 to Its afflict 111-- "" 20070919002386.002 NOW THEREFORE, IN CONSIDERATION OF THE CONDITIONS AND COVENANTS HEREIN, THE PARTIES AGREE AS FOLLOWS: I. DEVELOPER The real property described is also known as the Plat of Marchini Meadows, King County, Washington. lI. FACILITIES The facilities which have been constructed by the DEVELOPER are a 1,800 gpm booster skid package at the Lea Hill Intertie Pump Station processed as Developer Public Facility Extension, Extension herein referenced as FAC04-0006, originals on file at the office of the City Engineer. The facilities have been constructed in accordance with the ordinances and requirements of the CITY governing the construction specifications for facilities of such type, and have been approved by the City Engineer. III:. AREA F FACILITY SERVICE BENEFIT The properties benefited by the facilities constructed by the DEVELOPER are shown on Exhibits A, which are by this reference incorporated herein as if fully set forth herein. Any owner of real estate legally described within the benefit boundary as shown on the attached Exhibit A, shall pay as a condition for connecting to the facilities, an amount as identified in Section V. All property within the benefit boundary shall be subject to the connection fee as provided in this agreement as a condition of issuance of the connection permit by the CITY. IV. TERMS For a period of 15 years from the date that the City formally accepts the developer's utility extension, any owner (latecomer) of real estate legally described in Section III, and which owner has not fully contributed their pro rata share to the original cost of the above-described facility, shall pay to the CITY the amounts shown in Exhibit A attached hereto. The charge herein represents the fair pro rata share of the cost of construction of said facilities payable by properties benefited. Such properties are shown in Exhibits A. Payment of the latecomers pro rata share is a condition of issuance of the connection permit by the CITY. PAYBACK AGREEMENT #103 DEVELOPER's EXTENSION PAGE 2 OF 8 20070919002386.003 The CITY shall reimburse the DEVELOPER at six (6) month intervals any such amounts collected. Upon the expiration of the 15 -year term any moneys collected by the CITY will not be reimbursed to the DEVELOPER. V. AMOUNT OF REIMBURSEMENT The DEVELOPER, his successors, heirs and assigns, agrees that the amounts which the DEVELOPER is reimbursed from the property owners as specified in Section III of this Agreement, represents a fair pro rata share reimbursement for the DEVELOPER'S construction of the facilities described in Section II of this Agreement. The amounts per parcel are separately itemized as shown in Exhibit B attached hereto, and totaling to not more than $205,075.16 in full amount. Prior to recordation by the DEVELOPER as described in Section X, the CITY, shall mail to the property owners, as reflected in the records of the King County Assessors Office, as specified in Section III, notification of the allocation of costs to be levied against the properties which are payable prior to connection to the systems. The property owner shall have the right to a review of the costs with the Director of Public Works within 21 days from the date of said notice for the purpose of requesting an adjustment in the allocation of the charge to the property. If the Director of Public Works, upon requested review by a notified property owner(s), does find cause for adjustment in the allocation of the charge to the benefited property(s), such adjustment will be made and the DEVELOPER will be notified of the adjusted amount(s) prior to recordation. The resulting adjusted Exhibit A shall govern reimbursement amounts to be received by the DEVELOPER. V:f. EFFECT OF AGREEMENT The provisions of this Agreement shall not be effective as to any owner of real estate not a party hereto unless this Agreement has been recorded in the office of the County Auditor of the County in which the real estate is located prior to the time such owner receives a permit to tap into or connect to said facilities. If for any reason, the CITY fails to secure a latecomer payment for Owner's fair pro rata share of the cost of the facilities, before connection to the extension, the CITY is not liable for payment to the DEVELOPER. The entire responsibility for notices, recordation and completion of this Agreement is upon the DEVELOPER, who agrees to do all and to hold the CITY harmless. VII. OWNERSHIP OF FACILITY PAYBACK AGREEMENT #103 - DEVELOPER'S 103DEVELOPER'S EXTENSION PAGE 3 OF 8 20070919002386.004 The DEVELOPER has constructed the facilities described in Section H of this Agreement, which facilities have been accepted by the CITY as satisfactory. The facilities have become a part of the municipal system of the CITY. _ All maintenance and operation costs of said facility shall be borne by the CITY, except as noted otherwise in FAC04-0006. VIII. UNAUTHORIZED CONNECTION Whenever any connection is made into the facilities described in Exhibit A under this Agreement which is not authorized by the CITY, the CITY shall have the absolute authority to remove or cause to be removed such unauthorized connections and all connecting lines or pipes located in the facility's right-of-way. The CITY shall incur no liability for any damage to any person or property resulting from removal of the unauthorized connection. D:. QURREN'T' ADDR FSS & TELEPH[7NE NIJMBER The DEVELOPER shall keep a current record of his/her address and telephone number on file with the Director of Public Works of the CITY, and shall within 30 days of any change of said address and/or telephone number, notify the Director of Public Works of the CITY in writing. If the DEVELOPER fails to do so, the parties agree that the CITY may authorize connections resulting therefrom and not incur any liability for the non -collection and/or non -reimbursement of charges to the DEVELOPER under this Agreement. X. C=OVENANT RUNNING WITH THE LAND This Agreement shall be binding on the DEVELOPER, its successors, heirs and assigns and shall so be binding on the legal owners of all properties described within the benefit boundary of the area as shown in the attached Exhibit A, their successors, heirs and assigns. The DEVELOPER agrees to pay all fees for recording this Agreement with the County Auditor. The DEVELOPER shall make the actual recording and provide the CITY with confirmation thereof, but such recordation shall only be made after expiration of review period specified in Section V. XI. HOLD HARMLESS The DEVELOPER will indemnify and save the CITY and the CITY'S officials and agents harmless from all claims and costs of defense, arising out of this agreement, as a result of DEVELOPER actions, misconduct or breach of contract, including but not limited to attorney's fees, expert witness fees, and the cost of the services of engineering and other personnel who's time is reasonably devoted to the preparation and attendance of depositions, hearings, arbitration proceedings, PAYBACK AGREEMENT 9103 DEVELOPER'S EXTENSION PAGE 4 OF 9 20070919002386.006 settlement conferences and trials growing out of the demands and/or actions of property owners incurred in the performance or completion of this Agreement. XI CONSTITUTIONALITY OR INVALIDITY If any section, subsection, clause or phrase of this Agreement is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Agreement, as it being hereby expressly declared that this Agreement and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, adopted and approved and ratified irrespective of the fact that any one or more section, subsection, sentence, clause or phrase be declared invalid or unconstitutional. ATTEST: Danielle Daskam, City Clerk S PAYBACK AGREEMENT #103 DEVELOPER'S EXTENSION PAGE 5 OF 8 ITY OF J -T Peter B. Lewis, Mayor 20070919002386.0 06 STATE OF WASHINGTON) County of King )ss.) I certify that I know or have satisfactory evidence that Peter B. Lewis and Danielle E. Daskam were the persons who appeared before me, and said persons acknowledged that they signed this instrument, on oath stated that they were authorized to execute the histrument and acknowledged it as the MAYOR and CITY CLERK of the CITY OF AUBURN to he the free and voluntary act of such parties for the uses and purposes mentioned in this instrument. D Q �l - d 3K. { L Notary Iyublic in and for the State of Washi o :�: ' t/ L\G My appointment expires z ej • xo h.. STATE OF WASHINGTON) )SS COUNTY OF KING ) I cel-tity I have know or have satisfactory evidence that Joe Singh is the person who appeared before me, and said person acknowledged that he signed this instrument on oath stated that he was authorized to execute the instrument and acknowledge as the Manager of JPS Holdings a limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated J -4-N, ti��11177F74` � �� rJO�~n`1� ' �" �� ��► �o r Notary Atlhlic-iq and for the SUM of Wa Kington Residing at - [ .A 0_ ~ My appointment expires '�►3�'• . C'�?a.pt PAYBACK AGREEMENT #103 DEVELOPER'S EXTENSION PAGE 6 OF 8 20070919002386,007 PAYBACK AGREEMENT #103 DEVELOPER'S EXTENSION PAGE 7 OF 8 Exhibit A Marchini Meadows Water Booster Pump Station Payback #103 Parcel Number Parcel Size I in SF Possible lots Total Possible Payback 102105-9007 1,243,202 75 $16,809.75 102105-9022 305,791 42 $9,413.46 .102105-9063 236,095 33 $7,396.29 102105-9044 253,955 35 $7,844.55 102105-9041 13,200 2 $448.26 102105-9074 12,206 2 $448.26 102105-9032 69,696 10 $2,241.30 102105-9006 486,130 67 $15,016.71 102105-9095 152,460 21 $4,706.73 10_2105-9059 43,560 6 $1,344.78 102105-9079 232,175 32 $7,172.16 1.02105-9058 155,945 21 $4,706.73 032105-9012 320,602 44 $9,861.72 032105-9148 108,900 .15 $3,361.95 032105-9145 108,900 15 $3,361.95 032105-9160 87,120 12 _ $2,689.56 032105-9191 43,560 6 $1,344.78 032105-9192 032105-9161 147,668 10 20- $2,241.30 $4,482.60 032905-9159 131,551 18 $4,034.34 032105-9157 85,813 12 $2,689.56 032105-9153 43,560 6 $1,344.78 032105-9147 582,397 80 $17,930.40 032105-9040 106,286 15 $3,361.95_ 032105-9044 199,505 27 _ $6,051.51 0321059144 21,200 3 $672.39 032105-9151 105,851 15 $3,361.95 032105-9136 108,900 15 $3,361.95 042105-9077 414,691 57 $12,775.41 042105-9015 894670-0210 042105-9053 356,321 35,747 30,480 49 5 4 $10,982.37 $1,120.65 $896.52 042105-9063 23,040 3 $672.39 092105-9078 181,645 25 $5,603.25 092105-9232 6,275 1 $224.13 092105-9158 139,8271 19 $4,258.47 092105-9159 43,5601 6 $1,344.78 092105-9160 58,806 8 $1,793.04 092105-9161 092105-9033 38,016: 64,033 j 5 9 $1,120.65 $2,017.17 092105-9162 38,016 5 $1,120.65 092105-9134 89,298 12 $2,689.56 092105-9136 87,120 12 $2,6_89.56 092105-9115 93,654 13 $2,913.69 0921059114 83,200 11 $2,465.43 092105-9154 87,991 12 $2,689.56 PAYBACK AGREEMENT #103 DEVELOPER'S EXTENSION PAGE 7 OF 8 20070919002386.008 MARCHN LEADONB PAYBACK MPFICH 2007 !I i RETURN ADDRESS Neil A. & Vero ika M. Vien 30605 132nd Ave SE Auburn. WA 98092 Please print neatly or type information Document Title: 1001214 22.09 King County Farm--SeIler's Notice of On -Site Sewage System Operation and Maintenance Requirements Reference Number(s) of Related Documents: 1 �_ Grantor(s) (Last, First, and Middle Initial) Vien. Neil A. Vien,Veronika M. Grantee(s) (Last, First, and Middle Initial) THE PUBLIC 20030311001214.001 ��\\A)\4___W - I \� Additional Reference #s on page�}.� Additional Grantors on page Legal Description (abbreviated form: lot, block, plat or section, township, range, quarter/quarter) STR 092105 Taxlot 158N 1/2 of N 1/2 Of S 1/2 of NE 1/4 Of NE 1/4 Lass Pc �� �I�-s► �� 4 CSG _� 1-�� Additional legal is on page Assessor's Property Tax Parcel/Account Number 0921059158 Additional parcel #s on page The Auditor/Recorder will rely on the information provided on this form. The staff will not read the documents to verify the accuracy or completeness of the indexing information provided herein. 20030311001214.002 NYVMLS Form 22U ®Copyright 2001 Seller's Notice of OSS Northwest Multiple Listing Service Rev 4101 ALL RIGHTS RESERVED Page 2 of KING COUNTY FORM - SELLER'S NOTICE OF ON-SITE SEWAGE SYSTEM OPERATION AND MAINTENANCE REQUIREMENTS Assessor's Tax Parcel ID#: 0921059158 1 Seller is the owner of real property within ling County, which is legally descnbed as follows 091105 Taxlot 1,58Ni 2 Of S12 of hk IM Of Ne 4 Less Bor- For St 2 The above-described real property is served by an on-site sewage system ("OSS"). 3 The Code of the King County Board of Health, Section 13 60 005 establishes certain respon- sibilities of the OSS owner with respect to the operation and maintenance of an On-site Sewage System, as follows A The OSS owner is responsible for the continuous proper operation and maintenance of the OSS, and shall. I Determine the level of solids and scum in the septic tank at least once every three (3) years for residential system with no garbage grinder and once every year If a garbage grinder is installed and, unless otherwise provided in writing by the health officer, once every year for commercial systems 2 Employ an approved pumper to remove the septage from the tank when the level of solids and scum indicates that removal is necessary 3 Cause preventive maintenance/system performance mondonng inspections to be conducted and any indicated service to be performed by an approved person at a minimum frequency in accordance with Table 13.60-1 unless otherwise established by the health officer or the sewage review committee 4 Operate and maintain all OSS in accordance with this title, with pertinent alternative system guidelines issued by the DOH [State of Washington Department of Health] and with the approved OSS owner's operating and maintenance Instruction manual 5 Protect the OSS area including the reserve area from a Cover by structures or impervious material, b Surface drainage, c Soil compaction, for example, by vehicular traffic or livestock; and d. Damage by soil removal and grade alteration 6 Maintain the flow of sewage to the OSS at or below the approved design both in quantity and waste strength 7 Direct drains, such as foofing of roof drains away from the area where the OSS is located 20030311001214.003 NUVMLS Form 22U "ynght 2001 Sellers Nobce of OSS Northwest Multrple Lisbng Sennee Rev 4101 ALL RIGHTS RESERVED Page 3 of 3 KING COUNTY FORM - SEL.L.ER'S NOTICE OF ONSITE SEWAGE SYSTEM OPERATION AND MAINTENANCE REQUIREMENTS B The owner shall riot allow 1 Use or Introduction of strong bases, strong acids or organic solvents Into an OSS for the purpose of system cleaning, 2 Use of a sewage system additives unless it is specifically approved by the DOH, or 3 Use of an OSS to dispose of waste components atypical of residential wastewater, for example, but not limited to, petroleum products, paints, solvents, or pesticides eller Date Seller Date STATE OF WASHINGTON ) ) ss COUNTY OF KING } On this �5 day of_ maIACIAL 0003 before me personally (month) (year) appear V Lu tr and to me known to he the individual(s) described herein and who executed the foregoing Instrument as hlslherltherr free and voluntary act and deed for the uses and purposes herein stated Given under my hand and official seat this 5 day of CLkP-0A,, a�3 (month) (year) NOTARY PUBLIC in and for the State of Washington, Residing at My Appointment Expires,� c,� O► I ! %LW5 ` 20030311001214.004 LEGAL DESCRIPTION The north half of the north half of the south half of the east half of the northeast quarter of the northeast quarter of Section 9, Township 21 Forth, Range 5 East, W.M , in King County, Washington; EXCEPT that portion conveyed to King County for road purposes by Deed recorded under Recording Number 2680899; AND EXCEPT that portion conveyed to the State of Washington for road purposes by Deed recorded under Recording Number 9506201489. 20040406000596.001 2004040600 596 SAIMA & HOLMDE AG 30 00 PAGE001 OF 012 04/06/2004 10 59 KING COUNTY, WA DEVELOPMENT AGREEMENT (PETITION FOR ANNEXATION, ANNEXATION AGREEMENT AND DECLARATION OF COVENANT) Return Address City_ of-\ubu_rn Planning Dept 25 West Main Street Auburn, WA 9800.1 WSC03-0019 �C c . �r.zv • r , a�r� �.� Parcel Number(s) 092105-9158 / 092105-9.159 Additional legal on page 12 The Agreement executed herein between the City of Auburn, Washington, a municipal corporation, hereinafter referred to as "CITY" and SWG Construction and the heirs, assigns, and/or successors in interest of certain property, hereinafter referred to as "OWNER", is for and in consideration of the furnishing of utility service by the CITY to certain property of the OWNER hereinafter referred to as "PROPERTY" The OWNER does hereby petition for and agree to annexation of the PROPERTY to the CITY, and does hereby agree to the conditions of annexation herein, and does hereby declare this covenant 1 ACKNOWLEDGMENTS AND REPRESENTATIONS The OWNER does hereby acknowledge and agree as follows: I.I. The OWNER is the owner of certain PROPERTY, which is located outside the corporate limits of the CITY WSC03-0019 02/18/04 Page 1 20040406000596.002 1 2 The OWNER is seeking Preliminary Plat approval from King County for the PROPERTY 1 3. The OWNER has requested the CITY to furnish water and sewer services to the PROPERTY, which the owner understands and agrees may be limited 'by issues including the Endangered Species Act (ESA) and other governmental agencies. 1 4 This Agreement to extend water and sewer services outside the corporate limits of the CITY is authorized by RCW 35.67.310 and RCW 35.92 170 and shall not be construed as a voluntary agreement pursuant to RCW 82 02 020 and therefore the provisions of RCW 82.02.020 shall not be applied hereto. 1.5. This Agreement does not preclude any evaluation and determination by the CITY that later development actions or proposals undertaken by the OWNER may require a determination of significance and environmental review under SEPA 1.6. The CITY'S Comprehensive Plan requires annexation or a commitment to future annexation and compliance with certain other conditions as a prerequisite for the extension of utility service outside the corporate limits of the CITY 1 7. Washington law recognizes a City's requirement of an annexation agreement or a commitment to future annexation as a condition of extending utility service outside the corporate limits of the CITY 1.8. Extension of utility services beyond CITY limits is subject to the authority of the King County Boundary Review Board, and said Board requires thaf such extensions be conditioned on annexation or efforts toward annexation 1.9. The PROPERTY is located within the CITY'S POTENTIAL ANNEXATION AREA or URBAN SERVICE AREA for annexation purposes as adopted by the CITY W 5CO3-0019 02/18/04 Page 2 20040406000596.003 in its Comprehensive Plan pursuant to the King County and Pierce County Countywide Planning Policies. 1.10. It is in the interest of the citizens of the CITY to insure that all developments which are or could be constructed within the corporate limits of the CITY or will be ultimately annexed into the CITY, are constructed in accordance with CITY development standards as defined by section 14.18.006(C) of the Auburn City Code. 1 11 The OWNER'S request for the extension of utility services was duly considered by the CITY, and it was determined that the furnishing of water and sewer services to the PROPERTY would be proper upon the fulfilling of all conditions and covenants herein 1.12. The OWNER does hereby acknowledge that in the event of violation or breach of the terms of this DEVELOPMENT AGREEMENT, or upon the invalidation of this AGREEMENT by judicial action, operation of law or otherwise, the CITY reserves the right at its sole discretion to immediately terminate the provision of utility service to the PROPERTY and in such case the Owner agrees to indemnify and hold the CITY harmless from any and all claims of any party. 2. PROPERTY DESCRIPTION The PROPERTY is hereby described as follows: 30605 -132nd Avenue SE The PROPERTY is legally described In Attachment A, attached hereto and represented by reference as if set forth in full. The OWNER warrants that Attachment A is correct as fully describing subject PROPERTY. 3. PETITION AND COVENANT FOR ANNEXATION The OWNER, in consideration of the CITY'S agreement to provide utility service to the PROPERTY, does hereby petition, agree and covenant as follows Wsc03-0019 02/18/04 Page 3 20040406000596.004 3 1. The OWNER does hereby apply for and petition for annexation of the PROPERTY to the CITY and thereby agrees, promises and covenants that if at any time the PROPERTY is included within any area which is being considered for annexation to the CITY, said OWNER does join in said annexation and by this PETITION does provide this NOTICE OF INTENT TO ANNEX and that the petition referred to herein is irrevocable. The OWNER recognizes and agrees that by signing this Agreement, the PROPERTY of the OWNER will automatically be included as a property to be annexed in the event the PROPERTY is within a proposed annexation area. 3.2. The OWNER agrees to execute all necessary documents such as applications, fetters, notices, petitions or other instruments initiating, furthering or accomplishing the annexation of the PROPERTY to the CITY, whether or not the annexation involves the assumption by the area to be annexed of existing CITY indebtedness, the application to the area to be annexed of the CITY Comprehensive Plan and land use controls, and such other conditions as the CITY may lawfully impose The OWNER, for him/her/themselves and for his/her/their heirs, successors and assigns, agrees and covenants with the CITY, and to the present and future owners of the PROPERTY to which this covenant relates, that this agreement is to constitute a covenant running with the land, and shall burden such land that he/she/they shall, whenever so requested, execute such letters, notices, petitions or other instruments. Owner agrees to immediately record this document and specifically advise future interests in the property 3.3. The OWNER recognizes that the laws of the State of Washington relating to the annexation of property by a city provides that property may be annexed to a city if property owners, equal to sixty percent of the assessed W SC03-0019 02/18/04 Page 4 20040406000596.005 value of property within the area proposed to be annexed, sign a petition for such an annexation 3 3.1 The OWNER further recognizes that other methods of annexation are allowed under the laws of the State of Washington, including the election method. 3.4. The OWNER understands that the OWNER'S signatures on this Agreement is an admission that the OWNER understands the certain rights which the OWNER has regarding the PROPERTY and that the OWNER is willingly waiving such rights in consideration of receiving the described utility services. 3 5. The OWNER understands and agrees that upon annexation by the CITY, the PROPERTY annexed shall be assessed and taxed at the same rate and on the same basis as property within the CITY is assessed and taxed to pay for any then outstanding indebtedness of the CITY which was contracted prior to, or existing at, the date of annexation 36 The undersigned OWNER of the PROPERTY, on behalf of himself/herself/themselves, his/her/their heirs, successors and assigns, hereby designate(s) the CITY as OWNER'S true and lawful attorney-in-fact for the purpose of signing any petition leading to the annexation of said PROPERTY to the CITY, with full power to do and perform any proper act which the OWNER may do with respect to the annexation of said real property The CITY may exercise this power through its City Clerk or otherwise as the CITY COUNCIL may direct This Special Power of Attorney is given for the valuable consideration of the furnishing of water and/or sewer service by the CITY, and this Special Power of Attorney is further given as security for performance of the annexation covenant obligation set forth herein This Special Power of Attorney is not revocable and shall not be affected by the disability of the principal. W sc03-0019 02/18/04 Page 5 20040406000696.006 37 The OWNER agrees on his/her/their behalf and on behalf of his/her/their heirs, successors and assigns that the OWNER will not protest the future formation of any local improvement district for any or all of the following domestic water, sewer service, streets, street lighting and storm water facilities, including regional detention and water quality facilities, for any district which includes the PROPERTY affected by this agreement. 4 AGREEM-ENT_OF CONDITIONS AND/OR MITIGATIONMEASURES OF APPROVAL The OWNER, in consideration of the CITY'S agreement to provide water and sewer utility services to the PROPERTY, and in recognition of the CITY'S conditions for annexation of the PROPERTY, does hereby agree to comply with the following - 4.1 Water and sewer service can be made available to the property. Water service will require construction of an eight -inch (8") minimum wafer line to serve all lots and to provide adequate fire protection. The waterline shall loop from 130th Ave SE to 132nd Ave SE, 4.2 Installation of sewer will require construction of an eight -inch (8") gravity sewer main to serve all lots The sewer main shall extend to and through the property in a location and with the appropriate easements to be determined at the time of the FAC (facility extension permit). 4.3. The internal road and cul-de-sac must be completed as a public street per Auburn City Standards. 4.4. Half -street requirements will be required on both 132nd Ave SE and 130th Ave SE, unless a delay is granted by the Auburn City Council 4.5. Sidewalk and roads on 130th shall be designed to match and meet the road design/sidewalk to the north 46 Fire hydrants shall be installed per Auburn City Standards at (ACC 13.16.060) W SC03-0019 02/18/04 Page 6 20040406000596.007 4.7. Any impact fees calculated and paid to King County for either transportation or park impacts shall be reported to the City of Auburn. 48 All other applicable City development standards shall be complied with. 5 GENERAL PROVISIONS The OWNER and the CITY do hereby acknowledge and agree to the following provisions, which apply to the entire Agreement herein 5 1. The OWNER agrees that all future land use and development on the PROPERTY will meet all land use and development standards of the CITY. In the event of a conflict between CITY standards and any app{icabie County standards, the more restrictive standards as determined by the CITY shall apply 5.2. Nothing in this agreement shall be construed to create any financial obligation on the part of the CITY with regard to annexation, construction of utility facilities and appurtenances, or any other matter The OWNER and the CITY hereby acknowledge that it is the OWNER'S responsibility to finance the design and construction of utility facilities needed to serve OWNER'S property consistent with CITY plans and specifications, unless otherwise agreed by the CITY. 5.3. The OWNER agrees to allow CITY, at CITY'S option, plan review and approval prior to construction, and CITY inspection during construction of all public improvements as they are built, regardless of the ownership of such improvements, and shall reimburse the CITY for any reasonable costs incurred in such plan review and inspection 5.4. No modifications of this Agreement shall be made unless mutually agreed upon by the parties in writing. 55. If for any reason of any default or breach on the part of either the OWNER or the CITY in the performance of any of the provisions of this Agreement wsc03-0019 02/18/04 Page 7 20040406000596.008 a legal action is instituted, the party not prevailing agrees to pay all reasonable costs and attorney fees and costs in connection therewith It is hereby agreed that the venue of any legal action brought under the terms of this Agreement shall be King County, Washington. The applicable laws, rules, and regulations of the State of Washington and the CITY shall govern this Agreement 5.6. The terms and provisions of this DEVELOPMENT AGREEMENT shall inure to the benefit and become binding upon the heirs, assigns and/or successors in interest of the parties hereto and is a covenant running with the land The OWNER agrees to indemnify and hold the CITY harmless from any claims that any subsequent purchaser may have as a result of this Agreement, including CITY's attorney fees and costs 5.7. Any notice or demand required or permitted to be given under this Agreement shall be sufficient if given in writing and sent by registered or certified mail, return receipt requested, to the address of the parties set forth below Any notice shall be deemed to have been given on the date it is deposited in the U.S Postal Service mail with postage prepaid 5 7.1 The OWNER warrants that the OWNER will undertake, and be responsible for, all notifications, including recording, to all parties of interest and future parties of interest. 58 In the event that any term, provision, condition, clause or other portion of this Agreement be held to be inoperative, invalid, void, or in conflict with applicable provision, condition, clause or other portion of this Agreement, and the remainder of this Agreement shall be effective as if such term, provision, condition or other portion had not been contained herein, and to this end, the terms of this Agreement are declared by the parties to be severable W SC03-0019 02/18/04 Page 8 20040406000596.009 5.9. Upon execution, this Agreement shall be recorded with the King County Auditor's office The OWNER shall be responsible for recording and shall provide evidence of such recording to the CITY IN WITNESS WHEREOF, the OW and the CITY hereto have executed this Agreement as of this -25 day o , 2004 7 CITY OF U N PETER B LEWIS MAYOR WSC03-0019 02/18/04 Page 9 20040406000696.010 ATTEST: Danielle Daskam City Clerk IL•►N Daniel B. Heb City Attorney STATE OF WASHINGTON j ss COUNTY OF KING j On this Z �a day of, 2004, before me, the undersigned, a Notary Public in and for the State Washington, duly commissioned and sworn, personally appeared PETER B. LEWIS and DANIELLE DASKAM, to me known as the Mayor and City Clerk, for the City of Auburn, the corporation who executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said City of Auburn, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute said instrument on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date hereinabove set forth Ft1GHp�1 + NRM� �O {� (P '4���9�• •. ?;g:�$' ti" NOTARY PUBLIC in and fqrjheAtate of 0F Washington, rending `t►tt,L►�1�� Y MY COMMISSION EXPIRES l4 WSC03-0019 02/18/04 Page 10 OWNER: SWG Construction BY REPRESENTATIVE: Y'kw " Shupe Holmberg, Balm & Holmberg, Inc. STATE OF WASHINGTON ) ss COUNTY OF KING 20040406000596.011 On this _ a, day of 2004, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Shupe Holmberg, Balma & Holmberg, Inc., the Agent of SWG Construction, the REPRESENTATIVE that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said OWNER, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute said instrument on behalf of said OWNER. IN WITNESS WHEREOF, l have hereunto set my hand and affixed my official seal on the date hereinabove set forth NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES SEPTEMBER 22, 2005 W SC03-0019 02/18104 Page 11 (Printed Name) NOTARY PUBLIC in and for the State of Washington, residing at MY COMMISSION EXPOES ATTACHMENT A LEGAL DESCRIPTION 20040406000596.012 TAX PARCEL 092105-9158. THE NORTH HALF OF THE NORTH HALF OF THE SOUTH HALF OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 5 EAST, W M , IN KING COUNTY, WASHINGTON; LESS COUNTY ROAD. TAX PARCEL 092105-9159 THE SOUTH HALF OF THE NORTH HALF OF THE SOUTH HALF OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 5 EAST, W M., IN KING COUNTY, WASHINGTON, LESS COUNTY ROAD WSC03-0019 02/18/04 Page 12