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HomeMy WebLinkAboutD 8607010451 . p, KING COUNTY :. NO EXCISE TAX WHEN RECORDED RETURN TO: JUL 1 1986 Warren & Kellogg, P. S. g244429 Attorneys at Law ~-'"'"'"" /..7/01 #0451 C, P. O. Box 626 .ECG, F 5. 0n Renton, WA 98057 COCA-KU 444:4:9.rio STATUTORY WARRANTY DEED JOHN V. FARRELL and LEE ANN FARRELL, husband and wife , for and in consideration of Ten Dollars ( $10. 00) and other good and valuable • , ' consideration in hand paid, convey(s) and warrant(s) to the CITY OF RENTON , a Washington municipal corporation , the following described real estate , situated in King County , State of Washington: That portion of the west 1381 . 86 feet of the south half of LU the north half of the southeast quarter of Section 30, }_ CD C' Township 23 north, Range 5 east , W.M. , in King County, L 2 Washington, lying easterly of State Highway No . 5, except =)" " CD the south 194 feet thereof; � J: -J Also , the north 30 feet of the south 224 feet of said _ c0 subdivision lying westerly of 96th Avenue South and east t=- -J cp of a line 1381 . 86 feet east of the west line of the ` C. t cs, southeast quarter of said section . , "- -' Ci:: t1.1 L1J -`S SUBJECT TO Condemnation by the State of Washington of t.= !--' u� right of access to state highway and of lights , view and ,=- `-_ --- ,_.1 J '1 ' • air , by decree entered in King County Superior Court Cause F; 7 r-7 No . 576019 . r f' L-- ,-, vi / � . DATED : June .1 �rJ , 1986 . /'- --- `" �— ' • 5-64 HN . FARREL,- .,---1 t �, ' E ANN FARRELL STATE OF WASHINGTON ) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that JOHN V. FARRELL and LEE ANN FARRELL signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument . DATED : June t24( 1986 . — (: —)---e4,e-:.-- ' _ L1-3= aISTATEOF Eo Conveyance _ Notary Public „N` , `r the N iashIngt0n _ t Tax State of Wa hit t04.1.. e&iding W % _ "f8 °.='' 0. Q = at Renton . N:.�.�.; � `. -" DEPT. OF JELI-'36 / �' "• REVENUE r e•., = My appointmen fXp nes�: /-(-`T ''/". .'., STATUTORY WARRANTY DEED • • J TICOR TITLE INSURANCE Policy of Title Insurance SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, TICOR TITLE INSURANCE COMPANY OF CALIFORNIA(a Stock Company),a California corporation, herein called the Company, insures,as of Date of Policy shown in Schedule A,against loss or damage, not exceeding the amount of insurance stated in Schedule A,and costs,attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; 2. Any defect in or lien or encumbrance on such title; 3. Lack of a right of access to and from the land; or 4. Unmarketability of such title. This policy shall not be valid or binding until countersigned below by a validating signatory of the Company. TICOR TITLE INSURANCE COMPANY OF CALIFORNIA By �i ', p{, President Attest Secretary Countersign , r/ ,� 7 By Validating Signatory TO 2464(12-84)American Land Title Association Owner's Policy—Form B—1970(amended 10-17-70) CAT.NO NN01124 Schedule of Exclusions from Coverage The following matters are expressly excluded from the coverage of this policy: 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens,encumbrances,adverse claims,or other matters(a)created,suffered,assumed or agreed to by the insured claimant; (b)not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c)resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or(e) resulting in loss or damage which would not have been substained if the insured claimant had paid value for the estate or interest insured by this policy. Conditions and Stipulations 1. Definition of Terms estate or interest in said land, to the extent that such The following terms when used in this policy mean: litigation is founded upon an alleged defect, lien, encum- (a) "insured": the insured named in Schedule A, and, brance, or other matter insured against by this policy. subject to any rights or defenses the Company may have (b) The insured shall notify the Company promptly in writ- had against the named insured,those who succeed to the ing(i)in case any action or proceeding is begun or defense interest of such insured by operation of law as distin- is interposed as set forth in (a) above, (ii) in case knowl- guished from purchase including, but not limited to, heirs, edge shall come to an insured hereunder of any claim of distributees, devisees, survivors, personal representa- title or interest which is adverse to the title to the estate or tives, next of kin, or corporate or fiduciary successors. interest, as insured, and which might cause loss or dam- (b) "insured claimant": an insured claiming loss or age for which the Company may be liable by virtue of this damage hereunder. policy, or(iii) if title to the estate or interest, as insured, is (c) "knowledge": actual knowledge, not constructive rejected as unmarketable. If such prompt notice shall not knowledge or notice which may be imputed to an insured be given to the Company, then as to such insured all by reason of any public records. liability of the Company shall cease and terminate in regard (d) "land": the land described,specifically or by reference to the matter or matters for which such prompt notice is in Schedule A and improvements affixed thereto which by required; provided, however, that failure to notify shall in law constitute real property; provided, however, the term no case prejudice the rights of any such insured under this "land" does not include any property beyond the lines of policy unless the Company shall be prejudiced by such the area specifically described or referred to in Schedule A, failure and then only to the extent of such prejudice. nor any right, title, interest, estate or easement in abutting (c) The Company shall have the right at its own cost to streets, roads,avenues,alleys, lanes,ways or waterways, institute and without undue delay prosecute any action or but nothing herein shall modify or limit the extent to which proceeding or to do any other act which in its opinion may a right of access to and from the land is insured by this be necessary or desirable to establish the title to the estate policy. or interest as insured, and the Company may take any (e) "mortgage": mortgage, deed of trust, trust deed, or appropriate action under the terms of this policy,whether other security instrument. or not it shall be liable thereunder, and shall not thereby (f) "public records": those records which by law impart concede liability or waive any provision of this policy. constructive notice of matters relating to said land. (d) Whenever the Company shall have brought any action or interposed a defense as required or permitted by the 2. Continuation of lnsuranceafterConveyance of Title provisions of this policy, the Company may pursue any The coverage of this policy shall continue in force as of such litigation to final determination by a court of compe- Date of Policy in favor of an insured so long as such insured tent jurisdiction and expressly reserves the right, in its sole retains an estate or interest in the land, or holds an indebt- discretion,to appeal from any adverse judgment or order. edness secured by a purchase money mortgage given by a (e) In all cases where this policy permits or requires the purchaser from such insured, or so long as such insured Company to prosecute or provide for the defense of any shall have liability by reason of covenants of warranty action or proceeding, the insured hereunder shall secure made by such insured in any transfer or conveyance of to the Company the right to so prosecute or provide de- such estate or interest; provided, however, this policy fense in such action or proceeding,and all appeals therein, shall not continue in force in favor of any purchaser from and permit the Company to use, at its option, the name of such insured of either said estate or interest or the indebt- such irisured for such purpose. Whenever requested by edness secured by a purchase money mortgage given to the Company, such insured shall give the Company all such insured. reasonable aid in any such action or proceeding, in effect- 3. Defense and Prosecution of Actions — Notice of ing settlement, securing evidence, obtaining witnesses, Claim to be Given by an Insured Claimant or prosecuting or defending such action or proceeding, (a) The Company, at its own cost and without undue and the Company shall reimburse such insured for any delay, shall provide for the defense of an insured in all expense so incurred. litigation consisting of actions or proceedings commenced 4. Notice of Loss —Limitation of Action against such insured, or a defense interposed against an In addition to the notices required under paragraph 3(b) of insured in an action to enforce a contract for a sale of the these Conditions and Stipulations, a statement in writing (Conditions and Stipulations Continued and Concluded on Last Page of This Policy) r F 4 J Diskette number: H-28 PMM ALTA - B Number : A-349706 Date : JULY 2, 1986 at 8:00 A.M. Amount : $60,000.00 SCHEDULE A 1. Name of insured CITY OF RENTON, A MUNICIPAL CORPORATION 2. Title to the estate or interest covered by this policy at the date hereof is vested in: THE NAMED INSURED 3. The estate or interest in the land described or referred to in this schedule covered by this policy is: Fee Simple Estate 4. The land referred to in this policy is located in the County of King, State of Washington, and described as follows: THAT PORTION OF THE WEST 1381.86 FEET OF THE SOUTH HALF OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 30, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. , IN KING COUNTY, WASHINGTON, LYING EASTERLY OF STATE HIGHWAY NO. 5, EXCEPT THE SOUTH 194 FEET THEREOF; ALSO, THE NORTH 30 FEET OF THE SOUTH 224 FEET OF SAID SUBDIVISION LYING WESTERLY OF 96TH AVENUE SOUTH AND EAST OF A LINE 1381.86 FEET EAST OF THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION. A-349706 PAGE 1 SCHEDULE B Defects, liens, encumbrances and other matters against which the company does not insure: SPECIAL EXCEPTIONS 1. GENERAL TAXES, as follows, plus interest and/or penalties after delinquency: For year Amount billed Amount paid 1986 $615.36 $307.68 Being County Treasurer's parcel No. 302305-9062-08. NOTE: Said taxes as shown above include fire protection and/or drainage assessment. 2. CONDEMNATION by the State of Washington of right of access to state high- way and of light, view and air, by decree Entered .• FEBRUARY 7, 1962 Case No. : 576019 STANDARD EXCEPTIONS: A. Encroachments or questions of location, boundary and area, which an accurate survey may disclose. B. Public or private easements, streets, roads, alleys or highways, unless disclosed of record by recorded plat or conveyance, or decree of a court of record. C. Rights or claims of persons in possession, or claiming to be in pos- session, not disclosed by the public records. D. Material or labor liens, or liens under the Workmen's Compensation Act not disclosed by the public records. E. Water rights or matters relating thereto. F. Any service, installation or construction charges for sewer, water, electricity or garbage removal . G. Exceptions and reservations in United States patents. A-349706 PAGE 2 • H. General taxes not now payable; matters relating to special assess- ments and special levies, if any, preceding the same becoming a lien. I. Right of use, control or regulation by the United States of America in the exercise of powers over navigation. J. Any prohibition or limitation on the use, occupancy or improvement of the land resulting from the rights of the public or riparian owners to use any waters which may cover the land. . . .END OF SCHEDULE B. . . The terms of this policy are modified by the attached endorsement. NONE A-349706 PAGE 3 --- — • • (Conditions and Stipulations Continued and Concluded from Reverse Side of Policy Face) of any loss or damage for which it is claimed the Company shall have the option to apply to the payment of any such is liable under this policy shall be furnished to the Company mortgages any amount that otherwise would be payable within 90 days after such loss or damage shall have been hereunder to the insured owner of the estate or interest determined and no right of action shall accrue to an insured covered by this policy and the amount so paid shall be claimant until 30 days after such statement shall have deemed a payment under this policy to said insured been furnished. Failure to furnish such statement of loss owner. or damage shall terminate any liability of the Company 10. Apportionment under this policy as to such loss or damage. If the land described in Schedule A consists of two or more 5. Options to Pay or Otherwise Settle Claims parcels which are not used as a single site, and a loss is The Company shall have the option to pay or otherwise established affecting one or more of said parcels but not settle for or in the name of an insured claimant any claim all, the loss shall be computed and settled on a pro rata insured against or to terminate all liability and obligations of basis as if the amount of insurance under this policy was the Company hereunder by paying or tendering payment divided pro rata as to the value on Date of Policy of each of the amount of insurance under this policy together with separate parcel to the whole, exclusive of any improve- any costs,attorneys'fees and expenses incurred up to the ments made subsequent to Date of Policy,unless a liability time of such payment or tender of payment,by the insured or value has otherwise been agreed upon as to each such claimant and authorized by.the Company. parcel by the Company and the insured at the time of the 6. Determination and Payment of Loss issuance of this policy and shown by an express statement (a) The liability of the Company under this policy shall in no herein or by an endorsement attached hereto. case exceed the least of: 11. Subrogation upon Payment or Settlement (i) the actual loss of the insured claimant; or Whenever the Company shall have settled a claim under (ii) the amount of insurance stated in Schedule A. this policy, all right of subrogation shall vest in the Corn- (b) The Company will pay, in addition to any loss insured pany unaffected by any act of the insured claimant. The against by this policy,all costs imposed upon an insured in Company shall be subrogated to and be entitled to all litigation carried on by the Company for such insured, and rights and remedies which such insured claimant would all costs, attorneys' fees and expenses in litigation carried have had against any person or property in respect to such on by such insured with the written authorization of the claim had this policy not been issued, and if requested by Company. the Company, such insured claimant shall transfer to the (c) When liability has been definitely fixed in accordance Company all rights and remedies against any person or with the conditions of this policy, the loss or damage shall property necessary in order to perfect such right of subro- be payable within 30 days thereafter. gation and shall permit the Company to use the name of 7. Limitation of Liability such insured claimant in any transaction or litigation involv- No claim shall arise or be maintainable under this policy '.ng such rights or remedies. If the payment does not cover (a) if the Company, after having received notice of an the loss of such insured claimant, the Company shall be alleged defect, lien or encumbrance insured against here- subrogated to such rights and remedies in the proportion under,by litigation or otherwise, removes such defect,lien which said payment bears to the amount of said loss. If or encumbrance or establishes the title, as insured,within loss should result from any act of such insured claimant, a reasonable time after receipt of such notice; such act shall not void this policy,but the Company, in that (b) in the event of litigation until there has been a final event, shall be required to pay only that part of any losses determination by a court of competent jurisdiction, and insured against hereunder which shall exceed the amount, disposition of all appeals therefrom,adverse to the title,as if any, lost to the Company by reason of the impairment of insured, as provided in paragraph 3 hereof; or the right of subrogation. (c) for liability voluntarily assumed by an insured in settling 12. Liability Limited to this Policy any claim or suit without prior written consent of the This instrument together with all endorsements and other Company. instruments, if any,attached hereto by the Company is the 8. Reduction of Liability entire policy and contract between the insured and the All payments under this policy, except payments made for Company. Any claim of loss or damage, whether or not costs, attorneys' fees and expenses, shall reduce the based on negligence,and which arises out of the status of amount of the insurance pro tanto. No payment shall be the title to the estate or interest covered hereby or any made without producing this policy for endorsement of action asserting such claim, shall be restricted to the pro- such payment unless the policy be lost or destroyed, in visions and conditions and stipulations of this policy. No which case proof of such loss or destruction shall be amendment of or endorsement to this policy can be made furnished to the satisfaction of the Company. except by writing endorsed hereon or attached hereto 9. Liability Noncumulative signed by either the President, a Vice President, the ItSecretary, an Assistant Secretary, or validating officer is expressly understood that the amount of insurance or authorized signatory of the Company. under this policy shall be reduced by any amount the Company may pay under any policy insuring either 13. Notices, Where Sent (a) a mortgage shown or referred to in Schedule B hereof All notices required to be given the Company and any which is a lien on the estate or interest covered by this statement in writing required to be furnished the Company policy,or(b)a mortgage hereafter executed by an insured shall include the number of this policy and shall be which is a charge or lien on the estate or interest described addressed to its Principal Office, Claims Department, or referred to in Schedule A and the amount so paid shall 6300 Wilshire Boulevard, P.O. Box 92792, Los Angeles, be deemed a payment under this policy. The Company California 90009. TICOR TITLE g TICOR TITLE INSURANCE King County Office 1008 Western Avenue Suite 200 Seattle, Washington 98104 711 . , (206)223-7878 ; t (13 t•°"- 0 CX) .J u _--- Ticor Title Insurance Company of California 6300 Wilshire Boulevard P.O. Box 92792 Los Angeles, CA 90009 (213)852-6000 OF I? �� OFFICE OF THE CITY ATTORNEY • RENTON, WASHINGTON U %% 0 Z POST OFFICE BOX 626 100 S 2nd STREET • RENTON, WASHINGTON 98057 255-8678 o Q. LAWRENCE J. WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY '9.0 `O• ITDAVID M. DEAN, ASSISTANT CITY ATTORNEY 7q7,FD SEPIGAP MARK E. BARBER, ASSISTANT CITY ATTORNEY August 11, 19 8 6 ZANETTA L. FONTES, ASSISTANT CITY ATTORNEY MARTHA A. FRENCH,ASSISTANT CITY ATTORNEY TO: Maxine Motor, City Clerk FROM: Daniel Kellogg, Assistant City Attorney RE: Purchase from Farrell of Panther Creek Wetlands Dear Maxine: Enclosed please find the original Statutory Warranty Deed and Policy of Title Insurance in connection with the above entitled matter. Ve • yours , Daniel Kellogg DK/jw Encls. cc: Mayor Shinpoch I CI Y OF RENTerykt AUG i'i'Igisi iii^'1 n r K'.S l cTr^F n