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HomeMy WebLinkAbout05-13245.5-T-TITLE REPORT-First AM-2016-09-20 Form WA-5 (6/76) File No.: NCS-813067-OR1 Commitment Face Page First American Title Insurance Company COMMITMENT FOR TITLE INSURANCE Issued by FIRST AMERICAN TITLE INSURANCE COMPANY First American Title Insurance Company, herein called the Company, for valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagor of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of the Commitment or by subsequent endorsement. This Commitment if preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six (6) months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, the Company has caused this commitment to be signed, to become valid when countersigned by an authorized officer or agent of the Company, all in accordance with its By- Laws. This Commitment is effective as of the date shown in Schedule A as “Effective Date.” = Form WA-5 (6/76) File No.: NCS-813067-OR1 Commitment Page No. 1 First American Title Insurance Company = First American Title Company of Oregon National Commercial Services 200 SW Market Street, Suite 250, Portland, OR 97201 (503)795-7600 - FAX (866)678-0591 Rachael Rodgers Abigail Foglio (503)795-7608 (503)795-7647 rrodgers@firstam.com afoglio@firstam.com To: Fred Meyer Stores, Inc File No.: NCS-813067-OR1 3800 SE 22nd Avenue Your Ref No.: Renton, WA Portland , OR 97202 Attn: Kelly Stepetic SCHEDULE A 1. Commitment Date: September 07, 2016 at 7:30 A.M. 2. Policy or Policies to be issued: AMOUNT PREMIUM TAX Standard Owner’s Coverage $ To Be Determined $ To Be Determined $ To Be Determined Proposed Insured: To Be Determined 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: Fred Meyer Stores, Inc., a Delaware 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-813067-OR1 Commitment Page No. 2 First American Title Insurance Company EXHIBIT 'A' LEGAL DESCRIPTION: PARCEL F, CITY OF RENTON BOUNDARY LINE ADJUSTMENT NO. LUA-99-017-LLA, RECORDED APRIL 6, 1999 UNDER RECORDING NO. 9904069001, BEING A PORTION OF HENRY H. TOBIN DONATION LAND CLAIM NO. 37; GOVERNMENT LOTS 11, 13 AND 16 OF SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; AND TRACTS 1, 2, 3 AND 4 OF SUPPLEMENTAL MAP OF RENTON SHORELANDS; EXCEPT THAT PORTION CONVEYED TO THE CITY OF RENTON BY DEED RECORDED AUGUST 11, 2011 UNDER RECORDING NO. 20110811001002. Form WA-5 (6/76) File No.: NCS-813067-OR1 Commitment Page No. 3 First American Title Insurance Company SCHEDULE B - SECTION 1 REQUIREMENTS The following are the Requirements to be complied with: Item (A) Payment to or for the account of the Grantors or Mortgagors of the full consideration for the estate or interest to be insured. Item (B) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. Item (C) Pay us the premiums, fees and charges for the policy. Item (D) You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions SCHEDULE B - SECTION 2 GENERAL EXCEPTIONS The Policy or Policies to be issued will contain Exceptions to the following unless the same are disposed of to the satisfaction of the Company. A. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. B. Any facts, rights, interest, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of person in possession thereof. C. Easements, claims of easement or encumbrances which are not shown by the public records. D. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. E. (1) Unpatented mining claims; (2) reservations or exceptions in patents or in acts authorizing the issuance thereof; (3) Water rights, claims or title to water; whether or not the matters excepted under (1), (2) or (3) are shown by the public records; (4) Indian Tribal Codes or Regulations, Indian Treaty or Aboriginal Rights, including easements or equitable servitudes. F. Any lien, or right to a lien, for services, labor, materials or medical assistance heretofore or hereafter furnished, imposed by law and not shown by the public records. G. Any service, installation, connection, maintenance, construction, tap or reimbursement charges/costs for sewer, water, garbage or electricity. H. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgages thereon covered by this Commitment. = Form WA-5 (6/76) File No.: NCS-813067-OR1 Commitment Page No. 4 First American Title Insurance Company = SCHEDULE B - SECTION 2 (continued) SPECIAL EXCEPTIONS 1. Lien of the Real Estate Excise Sales Tax and Surcharge upon any sale of said premises, if unpaid. As of the date herein, the excise tax rate for the City of Renton is at 1.78%. Levy/Area Code: 2100 For all transactions recorded on or after July 1, 2005: • A fee of $10.00 will be charged on all exempt transactions; • A fee of $5.00 will be charged on all taxable transactions in addition to the excise tax due. 2. General Taxes for the year 2016. Tax Account No.: 000720-0209-08 Amount Billed: $ 76,171.59 Amount Paid: $ 38,085.80 Amount Due: $ 38,085.79 Assessed Land Value: $ 3,723,700.00 Assessed Improvement Value: $ 2,037,200.00 3. Potential charges, for the King County Sewage Treatment Capacity Charge, as authorized under RCW 35.58 and King County Code 28.84.050. Said charges could apply for any property that connected to the King County Sewer Service area on or after February 1, 1990. Note: Properties located in Snohomish County and Pierce County may be subject to the King County Sewage Treatment Capacity Charges. To verify charges contact: (206) 296-1450 or CapChargeEscrow@kingcounty.gov. 4. Easement, including terms and provisions contained therein: Recording Information: 355959 In Favor of: Seattle-Tacoma Power Company For: Power lines and poles 5. Easement, including terms and provisions contained therein: Recording Information: December 1, 1941 under Recording No. 3207080 In Favor of: United States of America For: Power line Affects: As described therein Said easement was conveyed to the City of Seattle by instrument recorded under Recording No. 3664559. The Northeasterly 60 feet of said easement was relinquished by the City of Seattle in King County Superior Court Cause Nos. 715585 and 705924. Form WA-5 (6/76) File No.: NCS-813067-OR1 Commitment Page No. 5 First American Title Insurance Company 6. Easement, including terms and provisions contained therein: Recording Information: 3664559 In Favor of: United States of America For: Electric power transmission line 7. Easement, including terms and provisions contained therein: Recording Information: 3664560 In Favor of: City of Seattle For: Double circuit transmission line 8. Reservations contained in Deed from the State of Washington recorded under Recording No. 5051341, reserving all oil, gases, coal, ores, minerals, fossils, etc., and the right of entry for opening, developing and working the same. 9. Easement, including terms and provisions contained therein: Recording Information: 5253593 In Favor of: City of Renton For: Sewer 10. Easement, including terms and provisions contained therein: Recording Information: 5820505 In Favor of: Puget Sound Power & Light Company For: Underground electric system 11. Covenants, conditions, restrictions and/or easements: Recorded: October 14, 1992 Recording No.: 9210140320 12. The terms, provisions and easement(s) contained in the document entitled "Fire Lane and Open Space Easement" recorded October 14, 1992 as Recording No. 9210140321 of Official Records. 13. Easement, including terms and provisions contained therein: Recording Information: November 24, 1992 under Recording No. 9211241168 In Favor of: Puget Sound Power and Light Company For: An underground electric transmission and/or distribution system Affects: As described therein 14. Easement, including terms and provisions contained therein: Recording Information: October 20, 1994 under Recording No. 9410201209 In Favor of: Puget Sound Power and Light Company For: An underground electric transmission and/or distribution system Affects: As described therein 15. Easement, including terms and provisions contained therein: Recording Information: October 9, 1995 under Recording No. 9510090749 In Favor of: City of Renton For: Public utilities (including water, waste water and surface water) Form WA-5 (6/76) File No.: NCS-813067-OR1 Commitment Page No. 6 First American Title Insurance Company with necessary appurtenances Affects: As described therein The terms and provisions contained in the document entitled "Partial Release of Easement" recorded June 5, 2000 as Recording No. 20000605000729 of Official Records. 16. Easement, including terms and provisions contained therein: Recording Information: October 9, 1995 under Recording No. 9510090750 In Favor of: City of Renton For: Public utilities 17. Easement, including terms and provisions contained therein: Recording Information: August 11, 1997 under Recording No. 9708110701 In Favor of: City of Renton For: Sanitary sewer 18. Terms, covenants, conditions and restrictions as contained in recorded Lot Line Adjustment (Boundary Line Revision) LUA-99-017-LLA : Recorded: April 6, 1999 Recording Information: 9904069001 19. Covenants, conditions, restrictions and/or easements: Recorded: April 6, 1999 Recording No.: 9904062560 Document(s) declaring modifications thereof recorded November 27, 2002, July 30, 2014 and September 19, 2014 as Recording Nos. 20021127003834, 20140730001283 and 20140919000586 of Official Records. Said document contains an erroneous legal description. 20. Easement, including terms and provisions contained therein: Recording Information: August 11, 2011 under Recording No. 20110811001003 In Favor of: City of Renton, Puget Sound Energy, Inc., Qwest Communications Corporation and Comcast of Washington, Inc. For: Utilities 21. Easement, including terms and provisions contained therein: Recording Information: April 11, 2013 under Recording No. 20130411001089 In Favor of: Puget Sound Energy, Inc., a Washington corporation For: Transmission, distribution and sale of gas 22. The terms and provisions contained in the document entitled "Declaration of Covenant for Inspection and Maintenance of Stormwater Facilities" recorded October 22, 2014 as Recording No. 20141022000930 of Official Records. 23. Title to vest in an incoming owner whose name is not disclosed. Such name must be furnished to us so that a name search may be made. Form WA-5 (6/76) File No.: NCS-813067-OR1 Commitment Page No. 7 First American Title Insurance Company 24. Any claim that the Title is subject to a trust or lien created under The Perishable Agricultural Commodities Act, 1930 (7 U.S.C. §§499a, et seq.) or the Packers and Stockyards Act (7 U.S.C. §§181 et seq.) or under similar state laws. 25. 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. 26. Prior to issuance of an extended coverage policy, the Company will require an Owner's Affidavit be completed and submitted to the Company for approval prior to closing. The Company reserves the right to make any additional requirement as warranted. Form WA-5 (6/76) File No.: NCS-813067-OR1 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 Parcel F, City of Renton BLA No. LUA-99-017-LLA, Rec. 9904069001 APN: 000720-0209-08 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-813067-OR1 Commitment Page No. 9 First American Title Insurance Company First American Title Company of Oregon National Commercial Services COMMITMENT Conditions and Stipulations 1. The term "mortgage" when used herein shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of a defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment, other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act or reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclosure such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option, may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of Policy or Policies committed for, and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the Policy or Policies committed for and such liability is subject to the Insuring provisions, exclusion from coverage, and the Conditions and Stipulations of the form of Policy or Policies committed for in favor of the proposed Insured which are hereby incorporated by references, and are made a part of this Commitment except as expressly modified herein. 4. Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest or the lien of the Insured mortgage covered hereby or any action asserting such claim, shall be restricted to the provisions and Conditions and Stipulations of this Commitment. Form WA-5 (6/76) File No.: NCS-813067-OR1 Commitment Page No. 10 First American Title Insurance Company The First American Corporation First American Title Company of Oregon 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