HomeMy WebLinkAbout16055-T-Title Report-2013-10-16-First American - SN
Form WA-5 (6/76) File No.: NCS-558970-WA1
Commitment Face Page
First American Title Insurance Company
COMMITMENT FOR TITLE INSURANCE
Issued by
FIRST AMERICAN TITLE INSURANCE COMPANY
First American Title Insurance Company, herein called the Company, for valuable consideration, hereby
commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the
proposed Insured named in Schedule A, as owner or mortgagor of the estate or interest covered
hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges
therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations
hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount
of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either
at the time of the issuance of the Commitment or by subsequent endorsement.
This Commitment if preliminary to the issuance of such policy or policies of title insurance and all
liability and obligations hereunder shall cease and terminate six (6) months after the effective date
hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that
the failure to issue such policy or policies is not the fault of the Company. This Commitment shall not
be valid or binding until countersigned by an authorized officer or agent.
IN WITNESS WHEREOF, the Company has caused this commitment to be signed and sealed, to
become valid when countersigned by an authorized officer or agent of the Company, all in accordance
with its By-Laws. This Commitment is effective as of the date shown in Schedule A as “Effective Date.”
First American Title Insurance Company
By: President
Attest: Secretary
By:
Countersigned
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Form WA-5 (6/76) File No.: NCS-558970-WA1
Commitment Page No. 1
First American Title Insurance Company
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First American Title Insurance Company
National Commercial Services
818 Stewart Street, Suite 800, Seattle, WA 98101
(206)728-0400 - (800)526-7544 FAX (206)448-6348
Chantale A. Stiller-Anderson Terri Nugent
(206)448-6286 (206)615-3041
cstiller@firstam.com tnugent@firstam.com
To: Colliers International File No.: NCS-558970-WA1
601 Union St., Suite 5300 Your Ref No.: Renton School District
Seattle , WA 98101
Attn: Arvin Vander Veen
FIFTH REPORT
SCHEDULE A
1. Commitment Date: October 16, 2013 at 7:30 A.M.
2. Policy or Policies to be issued:
AMOUNT PREMIUM TAX
ALTA Extended Owner Policy - 2006 $ 10,300,000.00 TBD TBD
Standard Portion $ 12,880.00 $ 1,223.60
Extended Portion $ 3,864.00 $ 367.08
Proposed Insured:
Henley USA LLC, a Washington limited liability company
3. The estate or interest in the land described on Page 2 herein is Fee Simple, and title thereto is
at the effective date hereof vested in:
Renton School District No. 403, a municipal corporation
4. The land referred to in this Commitment is described as follows:
The land referred to in this report is described in Exhibit "A" attached hereto.
Form WA-5 (6/76) File No.: NCS-558970-WA1
Commitment Page No. 2
First American Title Insurance Company
EXHIBIT 'A'
LEGAL DESCRIPTION:
PARCEL A:
BEGINNING AT A INTERSECTION OF NORTHERLY LINE OF CEDAR RIVER PIPE LINE RIGHT OF WAY WITH EAST
LINE OF WEST HALF OF SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M.,
KING COUNTY, WASHINGTON;
THENCE NORTH 123.74 FEET MORE OR LESS TO SOUTHERLY LINE OF MERCER ISLAND PIPE LINE RIGHT OF
WAY;
THENCE NORTH 31° 18' 16" WEST ALONG SAID RIGHT OF WAY 969.34 FEET TO POINT ON ARC OF CURVE
FROM WHICH POINT A RADIUS TO SAID CURVE BEARS SOUTH 31° 18' 16" EAST 1014.82 FEET;
THENCE SOUTHWESTERLY ALONG SAID ARC OF CURVE TO LEFT DISTANCE OF 831.63 FEET MORE OR LESS TO
POINT ON NORTHERLY RIGHT OF WAY LINE OF CEDAR RIVER PIPE LINE;
THENCE EASTERLY ALONG SAID LINE 1014.92 FEET MORE OR LESS TO POINT OF BEGINNING.
PARCEL B:
THAT PORTION OF NORTHWEST QUARTER OF SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 23 NORTH,
RANGE 5 EAST, W.M., KING COUNTY, WASHINGTON, LYING SOUTHWESTERLY OF SOUTHWESTERLY LINE OF
MERCER ISLAND PIPE LINE RIGHT OF WAY AND SOUTHEASTERLY OF LINE DESCRIBED AS FOLLOWS:
BEGINNING INTERSECTION OF SOUTHEAST CORNER OF LOT 8, TIFFANY PARK DIVISION NO. 3 WITH
NORTHERLY LINE OF CEDAR RIVER PIPE LINE RIGHT OF WAY;
THENCE EASTERLY ALONG SAID NORTHERLY LINE OF 60 FEET TO TRUE POINT OF BEGINNING OF SAID LINE;
THENCE NORTHEASTERLY ALONG CURVE TO RGT RADIUS OF 1014.82 FEET DISTANCE OF 831.63 FEET MORE
OR LESS TO SOUTHWESTERLY LINE OF MERCER ISLAND PIPE LINE RIGHT OF WAY AND TERMINUS OF SAID
LINE.
PARCEL C:
THAT PORTION OF SOUTHEAST QUARTER OF SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 23 NORTH,
RANGE 5 EAST, W.M., KING COUNTY, WASHINGTON, LYING NORTHERLY OF CEDAR RIVER PIPE LINE RIGHT OF
WAY AND SOUTHWESTERLY OF MERCER ISLAND PIPE LINE RIGHT OF WAY.
PARCEL D:
THAT PORTION OF SOUTH HALF OF SECTION 21, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., KING COUNTY,
WASHINGTON, DESCRIBER AS FOLLOWS:
BEGINNING INTERSECTION OF NORTHERLY RIGHT OF WAY MARGIN OF CEDAR RIVER PIPE LINE AND
EASTERLY LINE OF WEST HALF OF SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 23 NORTH, RANGE 5
EAST, W.M., KING COUNTY, WASHINGTON;
THENCE NORTHERLY SAID EASTERLY LINE 123.74 FEET MORE OR LESS TO A POINT ON SOUTHERLY RIGHT OF
WAY OF MARGIN OF MERCER ISLAND PIPE LINE;
THENCE NORTH 31° 18' 16" WEST ALONG SAID SOUTHERLY RIGHT OF WAY OF MARGIN 969.34 FEET TO A
POINT TO A POINT ON ARC OF CURVE FROM WHICH POINT A TANGENT TO SAID CURVE BEARS SOUTH 31° 18'
16" EAST 1014.82 FEET AND TRUE POINT OF BEGINNING;
THENCE NORTHWESTERLY ALONG SAID SOUTHERLY PIPE LINE RIGHT OF WAY 453.45 FEET;
Form WA-5 (6/76) File No.: NCS-558970-WA1
Commitment Page No. 3
First American Title Insurance Company
THENCE SOUTH 86° 32' 17" WEST 411.86 FEET MORE OR LESS TO A POINT ON EAST BOUNDARY OF LOT 6
BLOCK 3, TIFFANY PARK DIVISION NO. 2;
THENCE ALONG BOUNDARY OF SAID BLOCK 3 SOUTH 38° 11' 27" WEST 55.36 FEET;
THENCE ALONG BLOCK 3, SOUTH 60° 01' 54" WEST 222.76 FEET;
THENCE ALONG BLOCK 3, SOUTH 30° 52' 58" WEST 130.13 FEET;
THENCE SOUTH 79° 25' 15" EAST 50 FEET;
THENCE SOUTH 10°34'45" WEST 50 FEET;
THENCE SOUTH 22° 05' 56" EAST 785.69 FEET MORE OR LESS TO TAP ON NORTHERLY OF RIGHT OF WAY OF
MARGIN OF CEDAR RIVER PIPE LINE;
THENCE SOUTH 78° 56' 52" EAST ALONG SAID PIPE LINE RIGHT OF WAY 60 FEET;
THENCE NORTHEASTERLY ALONG SAID CURVE TO RIGHT HAVING A RADIUS OF 1014.82 FEET A DISTANCE OF
831.63 FEET MORE OR LESS TO TAP ON SOUTHERLY MARGIN OF MERCER ISLAND PIPE LINE AND TRUE POINT
OF BEGINNING;
EXCEPT THAT PORTION CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NO.
7809150816.
Form WA-5 (6/76) File No.: NCS-558970-WA1
Commitment Page No. 4
First American Title Insurance Company
SCHEDULE B - SECTION 1
REQUIREMENTS
The following are the Requirements to be complied with:
Item (A) Payment to or for the account of the Grantors or Mortgagors of the full consideration for the
estate or interest to be insured.
Item (B) Proper instrument(s) creating the estate or interest to be insured must be executed and duly
filed for record.
Item (C) Pay us the premiums, fees and charges for the policy.
Item (D) You must tell us in writing the name of anyone not referred to in this Commitment who will
get an interest in the land or who will make a loan on the land. We may then make
additional requirements or exceptions
SCHEDULE B - SECTION 2
GENERAL EXCEPTIONS
The Policy or Policies to be issued will contain Exceptions to the following unless the same are disposed
of to the satisfaction of the Company.
A. Taxes or assessments which are not shown as existing liens by the records of any taxing
authority that levies taxes or assessments on real property or by the public records.
B. Any facts, rights, interest, or claims which are not shown by the public records but which could
be ascertained by an inspection of said land or by making inquiry of person in possession thereof.
C. Easements, claims of easement or encumbrances which are not shown by the public records.
D. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts
which a correct survey would disclose, and which are not shown by public records.
E. (1) Unpatented mining claims; (2) reservations or exceptions in patents or in acts authorizing the
issuance thereof; (3) Water rights, claims or title to water; whether or not the matters excepted
under (1), (2) or (3) are shown by the public records; (4) Indian Tribal Codes or Regulations,
Indian Treaty or Aboriginal Rights, including easements or equitable servitudes.
F. Any lien, or right to a lien, for services, labor, materials or medical assistance theretofore or
hereafter furnished, imposed by law and not shown by the public records.
G. Any service, installation, connection, maintenance, construction, tap or reimbursement
charges/costs for sewer, water, garbage or electricity.
H. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in
the public records or attaching subsequent to the effective date hereof but prior to the date the
proposed insured acquires of record for value the estate or interest or mortgages thereon
covered by this Commitment.
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Form WA-5 (6/76) File No.: NCS-558970-WA1
Commitment Page No. 5
First American Title Insurance Company
= SCHEDULE B - SECTION 2
(continued)
SPECIAL EXCEPTIONS
1. This item has been intentionally deleted.
2. Liability, if any, for pro-rata portion of Real Property taxes which are carried on the
King County Tax Rolls, as tax account no. 212305-9044-02, are exempt.
We note Special Charges for the year 2013 in the amount of $8.32, of which $8.32 has been paid.
Balance due: $0.00.
(Affects Parcel No. A)
3. Liability, if any, for pro-rata portion of Real Property taxes which are carried on the
King County Tax Rolls, as tax account no. 212305-9051-02, are exempt.
We note Special Charges for the year 2013 in the amount of $6.82, of which $6.82 has been paid.
Balance due: $0.00.
(Affects Parcel No. B)
4. Liability, if any, for pro-rata portion of Real Property taxes which are carried on the
King County Tax Rolls, as tax account no. 212305-9054-09, are exempt.
We note Special Charges for the year 2013 in the amount of $6.82, of which $6.82 has been paid.
Balance due: $0.00.
(Affects Parcel No. C)
5. Liability, if any, for pro-rata portion of Real Property taxes which are carried on the
King County Tax Rolls, as tax account no. 212305-9061-00, are exempt.
We note Special Charges for the year 2013 in the amount of $8.62, of which $8.62 has been paid.
Balance due: $0.00.
(Affects Parcel No. D)
Form WA-5 (6/76) File No.: NCS-558970-WA1
Commitment Page No. 6
First American Title Insurance Company
6. Reservations and exceptions, including the terms and conditions thereof:
Reserving: Minerals
Reserved By: Northern Pacific Railway Company
Recorded: December 23, 1957
Recording Information: Book 3745, Page 294
No search has been done as to the current ownership of said mineral rights.
(Affects Parcels A, B and D)
7. This item has been intentionally deleted.
8. The terms and provisions contained in the document entitled "Drainage Release" recorded July
11, 1962 as Recording No. 5451046 of Official Records.
(Affects Parcel D)
9. This item has been intentionally deleted.
10. This item has been intentionally deleted.
11. This item has been intentionally deleted.
12. This item has been intentionally deleted.
13. Evidence of the authority of the individual(s) to execute the forthcoming document for Henley
USA LLC, a Washington limited liability company, copies of the current operating agreement
should be submitted prior to closing.
14. Unrecorded leaseholds, if any, rights of vendors and security agreement on personal property
and rights of tenants, and secured parties to remove trade fixtures at the expiration of the term.
15. This item has been intentionally deleted.
16. Matters of extended owner/purchaser coverage which are dependent upon an inspection and an
ALTA survey of the property for determination of insurability.
Please submit a copy of the ALTA Survey at your earliest convenience for review. Our inspection
will be held pending our review of the ALTA Survey and the result of said inspection will be
furnished by supplemental report.
17. Any facts, rights, interests or claims that may exist or arise by reason of the following matters
disclosed by an ALTA/ACSM survey made by Barghausen Consulting Engineers, Inc. on July 2,
2013, designated Job Number 16055:
(A) Fence meanders over the north and west boundary lines on and off the subject property;
ownership unknown; (B) Footpath is noted onto the subject property over the northeast and
Form WA-5 (6/76) File No.: NCS-558970-WA1
Commitment Page No. 7
First American Title Insurance Company
west boundary lines; (C) Log guard rail is onto the southeast corner of the subject property; (D)
Fence is onto the southeast corner of the subject property; (E) Edge of lawn is over the west
boundary line onto the subject property; (F) Keystone retaining wall is over the west boundary
line onto the subject property; (G) Edge of landscaping is over the north and east boundary lines
onto the subject property; (H) Shed is over the west boundary line onto the subject property;
ownership unknown; (I) Edge of gravel and asphalt are over the west boundary line onto the
subject property; (J) Water meter and sanitary sewer are onto the west side of the subject
property without benefit of easement.
Form WA-5 (6/76) File No.: NCS-558970-WA1
Commitment Page No. 8
First American Title Insurance Company
INFORMATIONAL NOTES
A. Effective January 1, 1997, and pursuant to amendment of Washington State Statutes relating to
standardization of recorded documents, the following format and content requirements must be
met. Failure to comply may result in rejection of the document by the recorder.
B. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment
or policy. It is furnished solely for the purpose of assisting in locating the premises and First
American expressly disclaims any liability which may result from reliance made upon it.
C. The description can be abbreviated as suggested below if necessary to meet standardization
requirements. The full text of the description must appear in the document(s) to be insured.
Ptn Sec 21 Twp 23 N Rge 5E, SE Qtr.
APN: 212305-9044-02
APN: 212305-9051-02
APN: 212305-9054-09
APN: 212305-9061-00
D. A fee will be charged upon the cancellation of this Commitment pursuant to the Washington
State Insurance Code and the filed Rate Schedule of the Company.
END OF SCHEDULE B
Form WA-5 (6/76) File No.: NCS-558970-WA1
Commitment Page No. 9
First American Title Insurance Company
First American Title Insurance Company
National Commercial Services
COMMITMENT
Conditions and Stipulations
1. The term "mortgage" when used herein shall include deed of trust, trust deed, or other security
instrument.
2. If the proposed Insured has or acquires actual knowledge of a defect, lien, encumbrance,
adverse claim or other matter affecting the estate or interest or mortgage thereon covered by
this Commitment, other than those shown in Schedule B hereof, and shall fail to disclose such
knowledge to the Company in writing, the Company shall be relieved from liability for any loss or
damage resulting from any act or reliance hereon to the extent the Company is prejudiced by
failure to so disclose such knowledge. If the proposed Insured shall disclosure such knowledge
to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien,
encumbrance, adverse claim or other matter, the Company at its option, may amend Schedule B
of this Commitment accordingly, but such amendment shall not relieve the Company from liability
previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured
a n d s u c h p a r t i e s i n c l u d e d u n d e r t h e d e f i n i t i o n o f I n s u r e d i n t h e f o r m o f P o l i c y o r P o l i c i e s
committed for, and only for actual loss incurred in reliance hereon in undertaking in good faith
(a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B,
or (c) to acquire or create the estate or interest or mortgage thereon covered by this
Commitment. In no event shall such liability exceed the amount stated in Schedule A for the
Policy or Policies committed for and such liability is subject to the Insuring provisions, exclusion
from coverage, and the Conditions and Stipulations of the form of Policy or Policies committed for
in favor of the proposed Insured which are hereby incorporated by references, and are made a
part of this Commitment except as expressly modified herein.
4. Any claim of loss or damage, whether or not based on negligence, and which arises out of the
status of the title to the estate or interest or the lien of the Insured mortgage covered hereby or
any action asserting such claim, shall be restricted to the provisions and Conditions and
Stipulations of this Commitment.
Form WA-5 (6/76) File No.: NCS-558970-WA1
Commitment Page No. 10
First American Title Insurance Company
The First American Corporation
First American Title Insurance Company
National Commercial Services
PRIVACY POLICY
We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be
concerned about what we will do with such information particularly any personal or financial information. We agree that you have a right to know how
we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have
adopted this Privacy Policy to govern the use and handling of your personal information.
Applicability
This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we
have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also
adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair
Information Values, a copy of which can be found on our website at www.firstam.com.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include:
• Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by
telephone or any other means;
• Information about your transactions with us, our affiliated companies, or others; and·
• Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not
release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as
permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such
information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of
nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers,
such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such
as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as
described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions
with whom we or our affiliated companies have joint marketing agreements.
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal
information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best
efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy
Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal
regulations to guard your nonpublic personal information.
c 2001 The First American Corporation - All Rights Reserved
PARCEL A
PARCEL B
PARCEL D
PARCEL C
This map may or may not be a survey of the land depicted hereon.You should not rely upon it for any purpose other than orientationto the general location of the parcel or parcels depicted. FirstAmerican Title expressly disclaims any liability for alleged loss ordamage which may result from reliance upon this map.
Reference No.: 558970
County: King
Tax ID: 212305-9044-02,212305-9051-02,212305-9054-09 & 212305-9061-00
Short Legal: A Portion of Section 21 T23N R5E Map NotTo Scale
Location Map
Legend
PARCEL A
PARCEL B
PARCEL C
PARCEL D
PARCEL A
PARCEL B
PARCEL D
PARCEL C
This map may or may not be a survey of the land depicted hereon.You should not rely upon it for any purpose other than orientationto the general location of the parcel or parcels depicted. FirstAmerican Title expressly disclaims any liability for alleged loss ordamage which may result from reliance upon this map.
Reference No.: 558970
County: King
Tax ID: 212305-9044-02,212305-9051-02,212305-9054-09 & 212305-9061-00
Short Legal: A Portion of Section 21 T23N R5E Map NotTo Scale
Location Map
Legend
PARCEL A
PARCEL B
PARCEL C
PARCEL D