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HomeMy WebLinkAboutMiscWHFN RFCOT�OEO RET RN M Office of the c:t} +-rk ]canton b, ,iiding 200 hi Venui $Guth Rento>A 9U rr �I 4 M L= LU y CEffM E 1, the U . , _1 Clerk of the City of -Eaton, W.-sr@ngton, ce tbattbls is a true alid correct copy of / Subscribed and Seal L11 CITY OF RENTON, WASHINGTON ORDINANCE NO, 4612 AN ORD1294CE OF THE CITY OF RENTON, WASHINGTON, ESTABLISHING AN ASSESSMENT DISTRICT FOR SANITARY Ste& SRRVTCE I!Q A POH'_ 10N OF THE SOUTH HyMMkM9, HEA7MM DOWNS, AIM MAPLEWOOD SDH-BASINS AND EeSTABLISHING THE AMOMff OF THE CHARGE UPON CONNECTION TO THE FACILITIES. THE CITY COUNCIL OF HE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS; SECTION 1, There is hereby created a Sanitary Sewer Service Special Assessment District rOr the area served by, the Bast Renton Sanitary Sewer Tntercep;.or in the northeast quadrant of the City of Renton and a. port -on of its urban growth area within unincorporated 1(ing County, which area 4-8 more particularly described in Uxhibit "A" attached hereto. A trap of the service area is attached as P-xhih7 t "13." The recording of this document. 4-S to provide ratification of Potential connection acid interest changes. While this connection charge may be paid -at any time, the City does not require paymen4 anti). such time as the parcel is connected to and thus benefiting from the sewer facilities. The property Vlay be sold or in any other way change hands without triggering the requirement, by the City, of payment of the charges associated with this district. s=10 TI _ Persons connecting to the sanitary sever facilities in thin special Assessment District and which properties O i ORDINANCE 4612 have nct been charged or assessed with all costs of the East Renten Sanitary Sewer Interceptor, as deGai.led in this ordinance, shall pay, in addition to the payment of the connection permit fee and in addition to the EyStem development charge, the following additional fees: A. Fer r�i�E3. -New connections of residential dwelling units or equivalents shall pay a fee of $224.52 per dwelling unit and all other uses shall pay a Lmit charge of $0.069 per square foot of property. Those properties included within this Special ASSessment District and which may be assessed a charge thereunder are included within the boundary legally described in Exhibit "A" and which boundary is shown on the T.p attached as Exhibit "H," SECTkON IZI_ In addition -�o. the aforestated charges, there shall be a charge of 4.11t per annum added to the Per Unit Charge, The . interest charge shall accrue for no more than ten (10) years from the date this ordinance becomes effective. Interest charges will be simple interest and nct compound interest. EmeTIgA IUD This ordinance shall be effective upon its passage, approval, and thirty (30" days after publication`_ PASSED BY THE CITY COUNCILS t-ii.s 19h day of June t 1996. Marilyn J ete�sen; City Clerk 2 ORDLNANCE 4 612 APPROVED BY THE MAYOR this 10th day Of June .A w...� Jee a Tanner, Mayor Approve as to f arm: Lawrence J, Warren, City Attorney Date of Publication: 6/Id/95 {)RD.576 :5/2Q/96 :as. 1996. i xhEhit A LEGAL DESCRIPTION OF THE SPECIAL ASSESSMENT DISTRICT FOR THE CITY OF RENTON - EAST RENTON INTERCEPTOR Portions of Sections 8. 9. 10, 11, 14, 15, 16, 17, 21 and 22 all in Township 23N, Range 5E W_Nf. is King County, Washington Section B, Township 23N, Range 5E W.M. All of that portion of Section 8, 'Township 23N, Range 5E W_M. lying East of the East right-of-way line of SR-405 and South of the following described line: Begin at the intemeet�ion of the East Line of said Section 8 with the centerline of NE 7th Street: thence Wesiedy along said centerline of NE 7th Street W its intersection with the centerline of Sunset Boulevard NE; thence Northerly along the centerline of Sunset Boulevard NF to the North line of the Southeast V4 of said Section S; thence West along said North line to the East right-of-way line of Slt 4-05 and the terminus of said ]irie. Section 9, Township 23N, Range 5E W.M. All of that portion of Section 9, Township 23N, Range 5E W.M. lying South and East of the following described. line: - Beginning on the centerline of NE 7th Street at its intersection vnth the centerline of Edmonds Avenue NE; thence Easterly along the centerline of NE 7th Street to its Intersection with the centerline of Monroe Avenue NE; thence North along said centerline to the South line of the Northeast 1/4 of said Section 9; thence East along said South Line to its intersection with the centerline of Redmond Avenue NE; theme Northerly along said centerline to its intersection with the centerline of NE 1Oth Strnet; thence East along said centerline to the East line of said Section 9 and the terminus of said lime. Section 10, Township 23N, Range 5E W.M. All of that portion of Section 10, Tcwashtp 23N, Range 5F, W.M. lying Southerly and Westerly of the following describcd line: Beginning on the West line of Section 10 at its intersection with the North line of the South ;,� of the North 112 of said Section 10; theiace East along said North line to its intersection with the centerline of 142nd Avenue SE; thence Southerly along said centerline to its intersect o-n with the North line of the Southeast 1/4 of said Section 10: thence East along saki Forth line to its intersection with the East line of said Section 10 and the terTninus of said line. F-.ZATAV: E#6lsZ-o7s"ZWMEDSADLE 3ALCx � LandAmerita Commonwealth Camwest Development 9720 NE 120th PI., #100 Kirkland, WA 98034 REFERENCE NO: /Camwest West Coast LLC Order No.: 40005979 Liability: $10,000.00 Charge: $ 350.00 Tax: $ 31.15 Total: $ 381.15 THIRD SUBDIVISION GUARANTEE Subject to the Exclusions from Coverage, the limits of liability and other provisions of the Conditions and Stipulations hereto annexed and made a part of this Guarantee, and subject to the further exclusion and limitation that 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. Commonwealth Land Title Insurance Company a corporation herein called the Company, GUARANTEES the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated herein which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. Dated: June 23, 2008 Commonwealth Land Title Insurance Company By- . �2�� Authorized Si n ture Subdivision Guarantee GNT004 Page 1 of 5 Order No.: 40005979 SCHEDULE A 1. Name of Assured: Camwest Development 2. Date of Guarantee: June 23, 2008 3. The assurances referred to on the face page hereof are: a. That according to those public records which, under the recording laws, impart constructive notice of matters affecting title to the following described land: See Exhibit A attached hereto. b. Title to the estate or interest in the land is vested in: Camwest West Coast LLC, a Washington limited liability company C. The estate or interest in the land which is covered by this Guarantee is: A fee simple estate Subject to the Exceptions shown below, which are not necessarily shown in order of their priority. EXCEPTIONS: 1. (A) UNPATENTED MINING CLAIMS; (B) RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF; (C) INDIAN TREATY OR ABORIGINAL RIGHTS, INCLUDING, BUT NOT LIMITED TO, EASEMENTS OR EQUITABLE SERVITUDES; OR, (D) WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT THE MATTERS EXCEPTED UNDER (A), (B), (C) OR (D) ARE SHOWN BY THE PUBLIC RECORDS. 2. REAL ESTATE EXCISE TAX PURSUANT TO THE AUTHORITY OF RCW CHAPTER 82.45 AND SUBSEQUENT AMENDMENTS THERETO. AS OF THE DATE HEREIN, THE TAX RATE FOR SAID PROPERTY IS 1.78% 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; 3. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 1523059099 YEAR BILLED PAID BALANCE 2008 $3,015.47 $1,507.74 $1,507.73 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $1,507.73. LEVY CODE: 2146 ASSESSED VALUE LAND: $126,000 ASSESSED VALUE IMPROVEMENTS: $179,000 Subdivision Guarantee Page 2 of 5 G NT004 OrderNo40005979 4. RESERVATIONS AND EXCEPTIONS EXPRESSED IN CONVEYANCE. GRANTOR: NORTHERN PACIFIC RAILWAY COMPANY RECORDING NO.: 73503 AS FOLLOWS: EXCEPTING AND RESERVING UNTO THE GRANTOR, ITS SUCCESSORS AND ASSIGNS, FOREVER, ALL COAL OR IRON UPON OR IN SAID LAND; TOGETHER WITH THE USE OF SUCH OF THE SURFACE AS MAY BE NECESSARY FOR EXPLORING FOR AND MINING OR OTHERWISE EXTRACTING AND CARRYING AWAY THE SAME; BUT THE GRANTOR, ITS SUCCESSORS AND ASSIGNS, SHALL PAY TO THE PRESENT LEGAL OWNER OR TO THEIR HEIRS, SUCCESSORS OR ASSIGNS, THE MARKET VALUE AT THE TIME MINING OPERATIONS ARE COMMENCED OF SUCH PORTION OF THE SURFACE AS MAY BE USED FOR SUCH OPERATIONS OR INJURED THEREBY INCLUDING ANY IMPROVEMENTS THEREON. 5. AN ORDINANCE OF THE CITY OF RENTON, ESTABLISHING AN ASSESSMENT DISTRICT FOR SANITARY SEWER SERVICE IN A PORTION OF THE SOUTH HIGHLANDS, HEATHER DOWNS AND MAPLEWOOD SUB -BASINS AND ESTABLISHING THE AMOUNT OF THE CHARGE UPON CONNECTION TO THE FACILITIES IMPOSED BY INSTRUMENT RECORDED ON JUNE 21, 1996, UNDER RECORDING NO. 9606210966. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: CAMWEST WEST COAST LLC, A WASHINGTON LIMITED LIABILITY COMPANY TRUSTEE: COMMONWEALTH LAND TITLE COMPANY OF PUGET SOUND, LLC BENEFICIARY: CHARTER BANK ORIGINAL AMOUNT: $340,000.00 DATED: DECEMBER 14, 2007 RECORDED: DECEMBER 14, 2007 RECORDING NO.: 20071214002252 COVERS: A PORTION OF SAID PREMISES (EXCEPT THE WEST 30 FEET). NOTE 1: BASED ON INFORMATION PROVIDED TO THE COMPANY, ON THE DATE OF THIS COMMITMENT IT APPEARS THAT THERE IS LOCATED ON THE LAND: A SINGLE FAMILY RESIDENCE KNOWN AS: 5100NE3RDST RENTON, WA 98059 NOTE 2: THE FOLLOWING MAY BE USED AS AN ABBREVIATED LEGAL DESCRIPTION ON THE DOCUMENTS TO BE RECORDED, PER AMENDED RCW 65.04. SAID ABBREVIATED LEGAL DESCRIPTION IS NOT A SUBSTITUTE FOR A COMPLETE LEGAL DESCRIPTION WITHIN THE BODY OF THE DOCUMENT. PTN OF NE1/4 OF STR 15-23N-05E Subdivision Guarantee Page 3 of 5 GNT004 OrderNo40005979 NOTE 3: WHEN SENDING DOCUMENTS FOR RECORDING, VIA U.S. MAIL OR SPECIAL COURIER SERVICE, PLEASE SEND TO THE FOLLOWING ADDRESS, UNLESS SPECIFIC ARRANGEMENTS HAVE BEEN MADE WITH YOUR TITLE UNIT: COMMONWEALTH LAND TITLE COMPANY OF PUGET SOUND 1501 - 4TH AVENUE, SUITE 308 SEATTLE, WA 98101 ATTN : RECORDING DEPT. COMMONWEALTH PRE -ADDRESSED ENVELOPES MAY STILL BE USED WHEN SENDING DOCUMENTS VIA TDS (TITLE DELIVERY SERVICE) TO THE ADDRESS ON THE FACE OF THE COMMITMENT COVER PAGE OR TO THE ABOVE ADDRESS. DWB/CSS Enclosures: Sketch Vesting Deed Paragraphs Subdivision Guarantee Page 4 of 5 GNT004 Order No.: 40005979 EXHIBIT "A" THAT PORTION OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W. M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SUBDIVISION; THENCE SOUTH 145.00 FEET; THENCE EAST 120.00 FEET; THENCE NORTH 145.00 FEET; THENCE WEST 120.00 FEET TO THE POINT OF BEGINNING; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE Except to the exlent that specific assurances are provided In Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse daims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patenls or in Acis authorizing the issuance thereof; (3) water rights, claims or title to water, whetter or not the matters excluded under (1), (2) or (3) are shown by the public records. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps ar any structure or improvements, or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, lions, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any Judicial or non -judicial proceeding which is within the scope and purpose of the assurances provided, (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS Definition of Terms. Thefollowing terms when used in the Guarantee mean: (a) the "Assured': the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land`, the land described or referred to in Schedule (A), (C) or in Part 2. and improvements affixed thereto which by law canstitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A), (C) or in Part 2. nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage" mortgage, deed of truss, trust deed. or other security instrument. (d) "public records": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (a) "date": the effective date. 2. Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly in writing in case knowledge shall came to an Assured hereunder of any claim of file or interest which is adverse to the Lille to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then alf liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided. however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3- No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above; (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), of to do any other act which in its opinion may be necessary or desirable tc establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it steal{ be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(aj the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, no. will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which Wage matters not covered by this Guarantee_ (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue ary litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) in all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at i:s option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion CLTA Guarantee Conditions and Stipulations (Revised 12/15/95) of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to tumish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. Proof of Loss or Damage, In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such assured under the Guarantee shall terminate_ In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers. checks, correspondence and memoranda, whether hearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, 0 requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, It is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, Its Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any liligation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation (b) To Pay or Otherwise Settle With Parties other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties far or in the name of an Assured claimant any claim assured against under this Guarantee, together with any casts, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. Determination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extant herein described, and subject to the Exclusions From Coverage of This Guarantee. The liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance assured against by this Guarantee. 8. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including lifigabon and the completion of any appeals therefrom, h shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby_ CONDITIONS AND STIPULATIONS CONTINUED (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has beer. a Final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. {c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company_ 9. Reduction of Liability or Termination of Liability - All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro lanto_ 10- Payment of Loss, (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Campany_ (b) When liability and the extent of Koss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shag transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited 10, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1.000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000.000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only rf the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof_ The law of the situs of the land shall apply to an arbitration under the Title insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability limited to This Guarantee, Guarantee Entire Contract - (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a white.' (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee_ (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed riereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company_ 14. Notices, Where Sent All notices required to be given the Company and any statement in writing required to he furnished the Company shall include the number of this Guarantee and shall be addressed to: Consumer Affairs Department, P.O. Box 27567, Richmond, Virginia 23261-7567. CLTA Guarantee Conditions and Stipulations (Revised 12/15/93) 0 0 CITY OF Y ENTON # Department of Community and .� Economic Development a Denis Law, Mayor Alex Pietsch, Administrator August 4, 200$ ,, tr IN&. Bruce Knowlton f Camwest Development, Inc.' 9720 NE 20'h Place Kirkland WA 98034 SUBJECT: LEE SHORT PT,AT L 1JA 08-052-SHPr Dear Mr. Knowlton: The review submittal on the above -mentioned short plat has been completed and the following comments have been returned. Please review these comments and make the necessary changes. Once changes have been completed please resubmit three copies of the short plat drawings and three copies of any other related documents. SHORT PLAT REVIEW COMMENTS: (These items are required to be com rleted rio to recordin of the short plat.) 4c1 eaJS.f; Z. •4�5<lS77 • Contact'Jan Eliati, Phk Reviewer, at 425-43.0-7216, for requirements to be completed on'the civil construction portion of our iroj ect including ins 'ectioh and sign -off of permits. • Note the City of Renton land record number, LND-20-0523, on both short plat drawing sheets, preferably under the "LUA" number that is currently shown. Note that the type size used for said "LND" number should be smaller than that used for the Iand use action number. • The dimension between City of Renton Mon #1852 and the intersection of SE 128"' St and 142 Ave SE needs to be provided, and/or the dimension between said Mori # 1852 and the S 1/a of' Section 10 needs to be provided. A data file cannot be created to check the 'geometty for the subject short plat until,one of these numbers is provided: Note the Basis of B an g on the short plat submittal: s� �.0 -� • - Do. note. encroachments, if any.'- • Those properties adjoining tie subject short plat property, which are not platted, should be identified as UNPLATTED (east of the short plat property). Do not note tax parcel numbers. • The addresses for the new lots are: Lot 1 is 5104 NE P Street, Lot 2 is 51NE 3 street and Lot 3 is .316 Hoauiam Ave NE. Note said addresses on the short plat submittal, t • The City of Renton approvals block needs to be revised to reflect new title of the Administrator: Citv of Renton Administrator of Public Works. Revise said block accordingly. • Include "KING COUNTY" in the title of the Dept. of Assessments approvals block. I:1P1anReviewlCOLSON1.Shortplats 200Mee SUPL 03L Change RegiiestStop.doc R I M 5 South Grady Way - Renton, Washington 98057 1 t E N T O N 02% ---_ AHEAD OF THE CURVE r Page 2 August 4, 2008 4 Change the title of the declaration block (currently noted as "DEDICATION" on Sheet 1 of 2) to OWNERS' DECLARATION - Add a reference to "KING COUNTY REC. NO. " to the note concerning the conveyance of pro e�rty to the city for public road purposes (Sheet 2 of 2). • Add a scale to the vicinity map (Sheet l of 2). A large number of the words included in said vicinity reap do not co farm to WAC 332-130-050 (B)(d)(iii) for type size. • The "CURVE TABLE" on Sheet 2 of 2 does not include data for "C4" (the west line of Lot 2 and east line of the dedication parcel). • See the attachments for circled items that need to be corrected. Comments concerning the Deed of Dedication docutnent: Add "in the City of Renton" to the indexing information on Pages I and 2. Add "in the City of Renton, King County, Washington" to the indexing information on Page 3.- • The Map Exhibit (Page 3) does not include a curve table for "C3"and "C4", or a line table for "L I "and M2„ * Provide a revised eed�o�ev on 8-1/2" X I " paper. Also; a REETA form is also required to recor,a Should you need to discuss any portion of this letter please contact me at (425) 430-7235. + Sincerely, Carrie K. Olson Development Services, Plan Review FAXED TO: Meed Gilman & Assoc: 425-486-6108. Cc: Yellow File ❑ ----------------------------------�-� Parcel name: TOTAL❑ North: 1678438.7522 East : 1"l7433.6404 ❑ Line Course: S 88-22-10 E Length: 120.02 ❑ North: 1678435.3370 ?ast 177553.6118 Line Course: S 00-28-32 W Length: 1455_00 North: 1678290.3420 Faso 177552.4084 ❑ Line Course: N BB-22-10 W Length: 120.02 North: 1678293.7572 East 177432.4370 G Line Course: N 00-28-32 E Length: 145.00 ❑ North: 1678438.7522 East 177433,6404 D Line Course: S 00-28-32 W Length: 0.00 ❑ North: 1678438.7522 East 177433.6404 ❑ Perimeter: 530.05 Area: 17,399. sq.tt. D.39 acres❑ FI Mapcheck Closure - (Uses listed courses, radii, and deltas)❑ Error Closure: 0.0000 Course: S 90-00-00 E❑ Error North: 0.00000 Fas : 0.00000 Precision 1: 530,040,000.00 ❑ J ❑ ---❑ Parcel name: 1❑ 17 North: 1676216.3799 East : 177B96.9950 ❑ Line Course: N 88-22-10 W Length: 57.01 ❑ North: 1676218.0021 East : 177830.0080 ❑ Line Course: S 00-28-32 W Length: 89.99 North: 1676128.0152 East : 177829.2611 Line Course: S 88-22-10 E Length: 57.01 ❑ North: 1676126.3930 East : --77886.248D ❑ Line Course: N 00-2B-32 E Length: 89.99 North: 1676216.3799 East : 177886.9950 11 Perimeter: 294.00 Area: 5,129. sq.ft. 0.11 acres[] Mapcheck Closure - (Uses listed courses, radii, and deltas)❑ Error Closure: 0.0000 Course: S 90-00-00 Eft Error North: 0.00000 East : 0.00000 7 Precision 1: 294,000,000.00 Q ❑ ---------------------------------------------------------------------------❑ Parcel name: 2❑ North: 1676218.0023 Line Course: N 88-22-10 W North: 1676219.5724 Line Course: S 10-28-32 W North: 1676203.3671 Curve Length: 22.59 Delta: B-08-21 Chord: 22.57 Course In: S 79-31-28 E RP North: 1676174.4584 End North: 1676180.9402 Line Course: S 02-20-11 W North: 1676150.0159 Curve Length: 31.66 Delta: 90-42-21 Chord: 28.46 Course In: S 87-39-49 E RP North: 1676149.2006 End North: 1676129.2087 Line Course: S 88-22-10 E North: 1676128.0196 Line Course: N 00-28-32 E North: 1676218.0065 11 East : 1"17830.0065 Length: 55.18 East : 177774.8488 ❑ Length: 16.48 ❑ East 177771.8525 ❑ Radius: 159.00 C. Tangent: 11.31 ❑ Course: S 06-24-22 WU Course Out: N 87-39-49 W❑ East : 177928.2023 ❑ East : 177769.3345 Length: 30.95 ❑ East : 177768.0728 ❑ Radius: 20.00 ❑ Tangent: 20.25 ❑ Course: S 43-00-59 E❑ Course Out: S 01-37-50 W❑ Fast :.77788.0562 Fast 177787.4871 Length: 41.79 ❑ .Fast : 177629.2602 ❑ Length: 89.99 ❑ East : 177830.0071 ❑ Perimeter: 288.63 Area: 5,304. sq.ft. 0.12 acres❑ 11 Mapcheck Closure -- (Uses listed courses, radii, and deltas)❑ Error Closure: 0.0042 Course: N 08-22-16 E❑ Error North: 0.00420 Fast : 0.00062 11 Precision 1: 68,723.81 ❑ s ❑ ----------------------------------------------------------------------------❑ Parcel name: 3❑ North: 1676274.3067 East : 177784.9690 ❑ Line Course: S 86-22-10 E Length: 102.52 ❑ North: 1676271.3895 East 177887.4475 ❑ Line Course: S 00-28-32 W Length: 55.01 ❑ North: 1676216.3814 East 177886.9909 Line Course: N 88-22-10 W Length: 112.19 ❑ North: 1676219.5738 East 177774.8463 Line Course: N 10-25-32 E Length: 55.66 ❑ North: 1676274.3061 East 177784.9662 Perimeter: 325.39 Area: 5,904. sq_ft. 0.13 acres[] C Magcheck Closure - (Uses listed courses, radii, and deltas)❑ Error Closure: 0.0029 Course: S 76-42-39 W❑ Error North: -0.00066 East : -0.00278 ❑ Precision 1: 112,200.00 ❑ 1 ❑ ❑ ------------------------------------- ------------------------------❑ Parcel name: ROW DEDICATIONC North: 1676228.7658 East : 178995.2332 0 Line Course: N 88-22-10 W Length: 17.50 ❑ North: 1676229.2637 East 179977.7423 11 Line Course: S 00-28-32 W Length: 143.O0 ❑ North: 1676084.2687 East 178976.5388 ❑ Line Course: S 88-22-10 E Length: 21.22 North: 1676083.6649 East 178997.7502 ❑ Curve Length: 31.66 Radius: 20.00 ❑ Delta: 90-42-21 Tangent: 20.25 ❑ Chord: 28.46 Course: N 43-00-59 W❑ Course In: N 01-37-50 E Course Out: N 87-39-49 W❑ RP North: 1676103.6568 East 178998.3193 11 End North: 1676104.4721 East 178978.3359 11 Line Course: N 02-20-11 E Length: 30.95 ❑ North: 1676135.3964 East 178979.5976 -.1 Curve Length: 22.59 Radius: 159.00 ❑ Delta: 8-08-21 Tange=: 11.31 ❑ Chord: 22.57 Ccurse: N 06-24-22 E❑ Course In: 5 87-39-49 E Course OUt: N 79-31-28 WF1 RP North: 1676128.9145 East : 179138.4654 ❑ End North: 1676157.8233 East 178982.1156 ❑ Line Course: N 10-28-32 E Length: 72.14 ❑ North: 1676228.7609 East 178995.2318 ❑ 11 Perimeter: 341.06 Area: 1,061. sq.ft. 0.02 acres❑ 11 Mapcheck Closure - (Uses Listed cou-ses, radii, and deltas)D Error Closure: 0.0059 Course: 5 35-01-19 W❑ Error North:-0.00485 east-0.00340 ❑ Precision 1: 57,806.78 ❑ rLR PUBLIC WORKS DEPARTMENT M E M O R A. N D U M DATE: July 9, 2008 TO: Ion Arai FROM: Sonja J. i"esser SUBJECT: Lee Short Plat, LUA-08-052-SUPL Format and Legal Description Review Bob Mac Onie and I have reviewed the above referenced preliminary short plat submittal and have the following comments: Cornments for the A_pplicar�t: The dedication of land for street purposes on short plats requires approval by the City Council, Said dedication is achieved via a recorded City of Renton Dedication Deed document (form is provided by the city).. If the dedication is to be recorded with the short plat, the dedication process needs to be timed in such a way that Council approval and all other matters pertaining to the dedication have been addressed and resolved, and said document is ready to record The Deed of Dedication document includes both a legal description exhibit and a map exhibit. The legal description exhibit should be prepared, , stamped, dated and signed by the applicant's surveyor The surveyor should also prepare the map exhibit. The dedication process requires an updated title report, to be dated within the 45 days time frame prior to Council action on said dedication Talk to the Project Manager if there are questions or further inforrnation is needed UP-C)AZ"iff FX0V?0i5.0 AJI7H T1'—IDS ,Co5SU,,&t�1-r7AL, P� (TQ,!- � JO L-J raj Gr�� � Try ' � In mat AZeRor final short olat approv� aTrnc?ud� es`be fo1 ng: �� �-' ���T�� ` Note the City of Renton land use action number and land record number, LUA-OM52-SHPL and LND-20-0523, respectively, on the drawing the type size used for the land record number should be smaller than that used for the land use action number-. Show two ties to the City of Renton Survey Control Network with published values The geometry will be checked by the city when the ties have been provided AD -« - � 1S1�i54 7— 2— Provide sufficient information to determine how the short plat boundary was established.. /J 0/-J6 , z /-/, -r -Z. . Include a statement of equipment and procedures used, per WAC .332-130-100- &5J , 0L.,) , s C> lj 1H TUr. 5ys\LM - Land Subdivision &c Surroying RwordslLNI-20 - Short P1ata1QS231RVf M27 doe July 9, 2009 Page 2 Notte^tthe date%the exist monume�ntts/yw eer-e-Jv`i .sited, per WAC/�3/�►3�)2--�11330fj• , an/J wefts/ Note research resouzc on short p at ubmittal 4940 1 Provide short tat and lot closure culatr s./� !mil CL,LQ Z-0 � rJr7 Indicate what has been, or is to be, set at the corners of the proposed Iots, Note discrepancies between bearings aid distances of record and those measured or calculated, if ' any �45,!;� �' b 7-Z5,t,-? ��7— -Z. . Note all easements, covenants and a eernents of record on the dra'� Note the plat name and tract name of the property to the north of the subject prple�Tty, and note that the ro rty the .east of the. subject pro erty is unplatted. Sp y cs� 74 -F -,-7 . The addresses for the proposed lots are as follows: Lot 1 is 5104 NE 3`d Street, Lot 2 is 5102 NE 3;d Street and Lot 3 is 316 Hoquiam Ave NE Note said addresses on the short plat drawing C�GcJd Oh! JH62S Z, Remove the building setback lines noted on the short plat lots Setbacks will be determined at the time that building permits are issued.. Dolvo• Provide a "LEGEND" for the short plat drawing, detailing the symbols used therein. The City of Renton Administrator of Public Works is the only city official who signs this short plat. Provide an appropriate approval block and signature line. Note that the title for the Administrator is new JDC>/,i,5 A pertinent King County approval block, separate from the city's block, also needs to be noted on the drawing. P id e signature lines as needed. All vested owner(s) off the subject short plat, at the time of recording, need to sign the final short plat submitt Include appropriate notary blocks as needed.. Include a declaration block on the drawing, titled "OWNER'S DECLARATION". i:�D1%Jt Do not include "OWNERIAPPLICANI" "SURVEYOR" and "ENGINEER" blocks on the final subttrittal.. �r .4�� , 6il,[ o V4 Do not include any references to `� oning of density nsity on the final short plat submittal. Note that if there are easements, restr active covenants or agreements to others {City of Renton, etc.) as part of this subdivision, they can be recorded concurrently with the short plat. The short plat submittal and the associated document(s) are to be given to the Project Manager as a package. The associated document(s) are to be referenced on the short plat drawing, with spaces provided for the recording numbers thereof rDOIN4-42j� FIAJ le 5ys1LND -rand Subdivision & Surveying ReconisV-ND-20 • Short FWA0523LRV080627 dockor N .July 9, 2008 Page 3 Fee Review Comments: The Fee Review Sheet for this review of the preliminary short plat is pxovided for your use and information.. ITARC SySaND - Iand Subdivision & Surveying Remds\L.ND-20 - Shcrt Plats%052ARV080627 docker PROPERIY SERVICES FEE RE VIEW No. 2008- ._ [7 ❑ 45 � "«..�..iT � 5 ,ej�'4 APPLICANT: RECEIVED FROM: JOBADDRESs: NATURE OF I'ir . r LND No. SUBfECTPROPERTY FAR&'gTPID NOW.- � :. f,� _C�j�G�Q ..77. ua PQ DIST. NO. PARCEL No. METHOD OFASSESSMENT No di ITNiTS AMOUNT $AT) ❑ LATECOMER Q X ❑ oGX?Z $31G.�X Ul~1t"}'1•a a $q5ci.•.q.o Q SAE) LATECoiv1ER ❑ ❑ ElElSAL) ❑ LATECOMER❑ ❑ ❑ ❑ SAD ❑ I. ATECOMER 1 ❑ ❑ 0 ❑ SAD ❑ LATECOMER Q ❑ ❑ JOINT USE AGREEMENT (METRO) ❑ Q ❑ WATERa Xj i'�. -'.r^'""Lir5';.y WASIEWAiI R- METER SIZE Water Service Fee Amount Fiie Service Fee Amount'c Wastewater Fee Amount 5/8" x 3/a' $2,236 $292 $1,591 1" $5,589 $729 $3,977 it/2" 1 $11,179 $1,458 $7,954 — 2" $17,886 $2,332 $12,726 3" $35,711 $4,665 $25,4.52 4" $55,893 $7,288 $39,768 6" $111,786 $14,577 $79,537 8" $178,857 $23,323 1 $127,259 a Actual fee will be based on total of new meters minus total credit of existing meters b Based upon the size of the fire service (NOT detector bypass meter) c Unless a sepazate fire service is provided the System Development Charges) shall be based upon the size of the meter installed and a separate fire service fee will not be charged. 'gnat c of Reviewing Authority Date • It is the intent of this development fee analysis to put the developer/owner on notioe that the quoted fees may be applicable to the subject site upon developrntnt of the property All quoted fees art. potcrttiaJ Charges that may be due and payable at the time the construction permit is issued to install the on -site and off -site impro--em(nts (i E underground utilities; street improvements, etc) Triggering mechanisms for the SDC fees will be based on current City ordinances and determined by the applicable Utility Section • the quoted fees do NO include inspection fees; side sewer permits, r/w permit fees: the cost of water meters, or traffic benefit fees If subject property is within an 1 D, it is the developer's responsibility to check with the Finance Dept for paid/un-paid status Please note that these fees are subject to change without notice Final fees will be based on rates in effect at time of requirement to pay iper Ordinance. EFFEcrivE: January 14, 2008 P:\Administrative\Forms%FeeReviewt2p0&FeeRvw doc n c QC I tr R Vs - PUBLIC WORKS DEPARTMENT ♦ M E M 0 R A. N D U M DATE: July 9, 2008 TO: Ion Arai FROM: Sonja.1, Fesser SUBJECT: Lee Short Plat, LUA-08-052-SHPL Format and Legal Description Review Bob Mac Onie and I have reviewed the above referenced preliminary short plat submittal and have the following comments: Comments for the Applicant: The dedication of lazed for street purposes on short plats requires approval by the City Council. Said dedication is achieved via a recorded City of Renton Dedication Deed -- document (foim is provided by the city). If the dedication is to be recorded with the short plat, the dedication process needs to be tinned in such a way that Council approval and all other, matters pertaining to the dedication have been addressed and resolved, and said document is ready to record The Deed of Dedication document includes both a legal description exhibit and a map exhibit. The legal description exhibit should be prepared, stamped, dated and signed by the applicant's surveyor The surveyor should also plepare the neap exhibit.. The dedication process requires an updated title report, to be dated within .the 45 days time flame ntiot to Council action on said dedication Talk to the Project Manager if there are questions or further information is needed UP,C A-7t S r' !-J! 7-H 77-11S yC r[141L�1-T'rAL , 7-0 In Iron nRre, or fin s aTinclud- e`sihe following A4 � rJ 0 Note the City of' Renton land use action number and land record number, LUA-08-052-SH.PL and LND-20-0523, respectively, on the drawing The type size used for the land record number should be smaller than that used for the land use action number Show two ties to thebty of Renton Survey Control Network with published values, the geometry will be checked by the city when the ties have been provided 0 olr JE7 . 2—, Provide sufficient information to determine how the short plat boundary was established. Include a statement of equipment and procedures used, per WAC 3.32-130-100.. 566 R?0-0e 17LfeeS � G o f Vi.) a Sys\LND - Land Su"vision & Surveying Reeordsl ND-20 -short P1atsW=\RV084627 sloe July 9, 2008 Page 2 Note the date the exis#in monuments were visited, per WAC 332-130- 0, an vv a r�l ,plc All Note research resources gn�th,iisho rt p at ubrnitP �� Provide short lat and lot closure culati s . 9,-:fCAi C--1 r— > � el JA 6� Y) -r -rA � Indicate what has been, or is to be, set at the corners of the, proposed lots. Note discrepancies between bearings artd distances of record and those measured or calculated, if any /?Y45S� XK6 ^/0 72ZI.t2 tom" S?-16ET Z, Note all easements, covenants and a eemerrts of record on the dra 677�74 Note the plat name and tract name of the property to the north of the subject property, and note that the ro erty t the east of the subject property is unplatted. O�3-�-r2'. The addresses for the proposed lots are as follows., Lot 1 is 5104 NE 3ra Street. Lot 2 is 5102 NE P Street and Lot 3 is 316 Hoauiam Ave NE Note said addresses on the short plat drawing. - CV4,)1V O hl s H '� Z. Remove the building setback lines noted on the short plat lots Setbacks will be detennined at the time that building permits are issued. ,C)OIV5, Provide a "LEGEND" for' the short plat drawing, detailing the symbols used therein. I -Dot, .E The City of Renton Administrator of Public Works is the only city official who signs this short plat.. Provide an appropriate approval block and signature line. Note that the title for the Administrator is new A pertinent King County approval block, separate from the city's block, also needs to be noted on the drawing. rovde serrature lines as needed All vested owner(s) ooff'the subject short plat, at the time of recording, need to sign the final short plat submittal Include appropriate notary blocks as needed. oot'j2E,r Include a declaration on the drawing, titled "OWNER'S DECLARATION". JEOr Do not include "OWNER/APPLICANT", "SURVEYOR" and "ENGINEER" blocks on the final submittal,. Do not inclu p any references ;o zoning or density on the final short plat submittal. Note that if there are easements, restrictive covenants or agreements to others (City of Renton, etc) as }watt of this subdivision, they can be recorded concurrently with the short plat. The short plat submittal and the associated document(s) are to be given to the Project Manager as a package. The associated document(s) are to be referenced on the short plat drawing, with spaces provided for the recording numbers thereof �DOlwllgl-n� HAFile 5ysUND - Land Subdivision &. Surveying ltecorJslL.ND-20 - Short Platsi0523aVO80627 dockor Ak ^7� 01,y -a I 12, July 9, 2008 Page 3 Pee Review Comments: The Fee Review Sheet fox, this review of the preliminary short plat is provided foc your use and inflotmation.. HAHc Sys1LND - band Subdivision & Surveying Records\L.ND-20 - Short Plats10523\RV080627 dock -or PROPERI"Y SERVICES FEE REVIEW No. 2008- _---t? ❑ V5�'altid��a''a�a ',,�,y�,�R'q.t` ''L:tsg p- .. APPLICANT. RECEIVED FROM: LND No. .— p5,-2 -3 —1 Dlsi. PARCEL No.. OF ' to NO, NO. METHODOFASSESSMENT UNITS AmoUNI SAD ❑ LATECOMER ❑ x ❑ oc6 ❑ SAD ❑ LATECOMER ❑ ❑ ❑ ❑ SAD © LATECOMER ❑ ❑ ❑ ❑ SAD ❑ LATECOMER © ❑ ❑ ❑ SAD ❑ LATECOMER ❑ ❑ ❑ JOINT USE AGRFumENT (METRO) D ❑ ❑ "ignatof Reviewing Authozity Da e It is the intent of this development fee analysis to put the developer/owner on notice. that the quoted fecs may be applicable to the subject site upon development of the property All quoted fees arc potential charges that may be clue• and payable at the time the construction permit is issued to instatl the on -site and off -site improvements (i a underground utilities; street improvements, etc) Triggering mechanisms for the SDC fees will be based on current City ordinances and determined by the applicable Utility Section the quoted fens do NOT include inspection fees: side sewer permits. rlw permit fees; the cost of water meters, or traffic benefit fees If subject property is within an LID, it is the developer's responsibility to check with the Finance Dept for paid/un-pald status. Please note that these kes are subject to change without notice Final fees will be based on rates in effect at time of requirement to pay per Ordinance. EFFECIIVE: Januazy 14, 2008 P:1 Administrative NForms\FeeReview`2(*SFeeRvw doc 0. PUBLIC WORKS DEPARTMENT M E M O R A N D U M DATE: July 9, 2008 TO: Ton Arai FROM: Sonja.J.. Fesser SUBJECT: Lee Short Plat, LUA-03-052-SHPL Foitmat and Legal Description Review Bob Mac Onie and I have reviewed the above referenced preliminaty short plat subrnittal and have the following comments: Comments for the AmAicant: The dedication of land for street purposes on short plats requires approval by the City Council.. Said dedication is achieved via a recorded City of Renton Dedication Deed document (form is provided by the city).. If the dedication is to be recorded with the short plat, the dedication process needs to be timed in such a way that Council approval and all other matters pettaining to the dedication have been addressed and resolved, and said document is ready to record The Deed of Dedication document includes both a legal description exhibit and a map exhibit The legal description exhibit should be prepared, stamped, dated and signed by the applicant's surveyot The surveyor should also prepare the wrap exhibit.. The dedication, process requires an updated title report, to be dated within .the 45 days time flame tior to Council action on said dedication Talk to the Project Manager if there are questions or finthei information is needed Tn xitation 2 e�d`i or finaF"sTrort p�approvaTinc?des a fbI%wing dLJEL Note the City of Renton land use action number and land record number, LUA-08-052-SHPL and LND-20-0523, respectively, on the drawing The type size used for the land record number should be smaller than that used for the land use action number � Shorn two ties to thebty of Renton Survey Control Network with published values. The geometry will be checked by the city when the ties have been provided LDol Je, C2�'7- 2-, Provide sufficient information to determine how the short plat boundary was established„ fJ 0 1,4 ,5A=,E 5/-65-E-T z, . Include a statement of equipment and procedures used, per WAC 332-130-100.. 11•I:1k:le SysV-ND - Land Subdivision & Suryoying ReeordslL ND-2Q - Short F1atsM2 1RV084b27 doe ~ July 9, 2008 Page 2 Note the date the existing monuments were visited, per WAC 332-130- MA 0, and w u l Note research resource on *short p at •ubmittal. ��"'� Provide sho"lat and lot closure galculatigrts. [-0! Indicate what has been, or is to be, set at the corners of the proposed lots_ � ` A- FT7�4e-� Note discrepancies between bearings and distances of record and those measured or calculated, if any 5;�� �' A,-07�t0 Oho ?� L, . Note all easements, covenants and qgieements of record on the draw' Ili -lr:ro Note the plat name and tract name of the property to the north of the subject property, and note that the ro erty t the east of the subject property is unplatted.. The addresses for the proposed lots areas follows: Lot 1 is 5104 NE 3`d Street, Lot 2 is 5102 NE P Street and Lot 3 is 316 Hoguiarn Ave NT Note said addresses on the short plat drawing 5 01t) QA.1 v[ Z, Remove the building setback lines noted on the short plat lots Setbacks will be determined at the time that building permits are issued. tife,,!F, Provide a "LEGEND" for the short plat drawing, detailing the symbols used therein. I-Dot,L, The City of Renton Administrator of Public Works is the only city official who signs this short plat. Provide an appropriate approval block and signature line. Note that the title for the Administrator is new A pertinent Ding County approval block, separate from the city's block, also needs to be noted on the drawing Provide signature lines as needed. All vested owneifs) off the subject short plat, at the time of recording, need to sign the final short plat submittal Include a propriate notary blocks as needed- Include a d0lai;t-io�n block on the drawing, titled "OWNER'S DECLARATION". r Do not include "OWNERIAPPLICANI" "SURVEYOR" and "ENGWEER" blocks on the final submittal.. - -�J H f l,�l Q , /50 . Do not include any references to zoning or density on the final short plat submittal. Note that if there ate easements, restrictive covenants or agreements to others (City of Renton, etc ) as part of this subdivision, they can be recorded concurrently with the short plat. The short plat submittal and the associated document(s) are to be given to the Project Manager as a package. The associated document(s) are to be referenced on the short plat drawing, with spaces provided for the recording numbers thereof 100/1q-11-016, HAFile SyALND - Land Subdivision & surveying RecordAL.ND-20 • Short P1ats\052MV0$0627 docicor .July 9, 2008 Page 3 Fee Review Comments. The Fee Review Sheet for this review of the preliminary short plat is ptovided f'or your use and information. HARe SyslND - land Subdivision & SurveyingRecordslLND-20 - Short Plats105231RV0$0527 doelcor PROPERTY SERVICES FEE REvrEw No.. 2008- - 1'7 pLS�eOR'e�Peeaccanc ef.. etgto,�X. 'ottaes°i}� APPLICANT.GCrA: i1.G1 RECECVED F&aht:��, J013AX)DRESS: 1 NATURE OF WORic: ; µ — LND No. [''..Cf — D52 ^ ..� SUBJECT PROPERTY PARENT P[DNO(s): �5, OS_ ,.: DIST No. FARCE[ N0. METHOD dFA55ESStvfEN'i No.. of UNITS AMOUNT SAD Q LATECOMER ❑t YY i 7 �j a is -sox 0"1 3 ❑ SAD 0 LATECOMER © ❑ ❑ ❑ SAD ❑ LATECOMER 0 ❑ ❑ ❑ SAD ❑ LATEcomm ❑ ❑ ❑ ❑ SAD ❑ [.AT9cOMEtJ ❑ ❑ JOINT USE AGREEMEt+IT (METRO) ❑ ❑ G ..uRE1��dKh"S&r%� .A.n��ilf C-� 1 rvrh: rN"i. - WASIEWAIER- WAIER3 METER STzE Water Seivice Fee Amount 'Fite Sec vice Fee Amountb� Wastewater Fee Amount 5i8" x s/a" $2,236 $292 $1,591 1" $5,589 $729 $3,977 i V2" $11,179 $1,458 $7,954 2" $17,886 $2,332 $12,726 3" $35,711 $4,665 $25,452 4" $55,893 $7,288 $39,768 6" $111,786 $14,577 $79,537 8" $178,857 $23,323 $127,258 a Actual fee will a based on total of new meters minus total credit of existing meters b Based upon the size of the fire set vice (NOT detector bypass meter) c Unless a separate fire service is provided, the System Development Charges) shall be based upon the size of the meter installed and a separate: fire service fee will not be charged. gnat a of Reviewing Author ity Da e It is the intent of this development fee analysis to put the developer/owner on notice,that the quoted fees may be applicable to the � N subject site upon development of the property All quoted fees are potential charges that may be due and payable at the time the p .-. o0 construction permit is issued to install the on -site and off -site improc'eraf nis (it underground utilities,. street improvements, etc) , Triggering mechanisms for the SDC fees will be based on current City ordinances and determined by the applicable Utility Section • The quoted fees do NOT include inspection fees; side sewer permits. i/w permit fees; the, cost of water meters, or traffic benefit fees If subject property is within an LID, it is the developer's responsibility to check with the Finance Dept. for paid/un-paid status Please note that these fees are subject to change without notice Final fees will be based on rates in effect at time of requirement to pay ei per Ordinance 11 EFFECTIVE: January 14, 2008 P:\AdministrativeUorms\FeeReview12008FeeRvw doc a L-67 6�W— o k4E 70 TA D,,o ------------------ ___------------------------------❑ Parcel name: TOTALQ ❑ North: 1678438.7522 East : 177433.6404 ❑.¢Ff Line Course: S 88-22-10 E Length: 120.02 ❑ C',r;e,.: North: 1678435.3370 East : 177553.6118 ❑ "-Line Course: 9 Oa-28-32 W Length: 145.00 ❑ North: i Course: 167$290.3420 N 88-22-10 W Length: East 120. 177552.4089 Cl � I n e 02 ❑,1 C'?, North: 1678293.7572 East : 177432,4370 11 � Line Course: N 00-28-32 E Length: 145.00 ❑ North: 1678438.7522 East 177433.6404 ❑ Line Course: 5 00-28-32 W Length: 0.00 ❑ North: 1678438.7522 East 177433.6409 ❑ Perimeter: 530.05 Area: 17,399. sq.ft. 0.39 acres❑ Mapcheck Closure - (Uses listed courses, radii, and deltas)❑ Error Closure: 0.0000 Course: 5 90-00-00 E❑ Error North: 0.00000 East : 0.00000 ❑ Precision 1: 530,040,000.00 ❑ z_o- 1 0 ❑ ------------------------------ Parcel name: 1❑ Cl North: 1676216.3799 East 177886.9950 ❑ Line Course: N 88-22-10 W Length: 57.01 ❑ North: 1676218.0021 East 177830.0080 ❑ "',Line Course: S 00-28-32 W Length: 89.99 ❑ North: 1676128.0152 East 177829.2611 0 -"Nine Course: S 88-22-10 E Length: 57.01. ❑ North: 1676126.3930 East 177886.2480 11 Line Course: N 00--28-32 E Length: 89.99 ❑ North: 1676216.3799 East 177886.9950 Cl Perimeter: 294.00 Area: 5,129. sq_ft. 0.11 acres❑ Mapcheck Closure - (Uses listed courses, radii, and deltas)[] Error Closure: 0.0000 Course: 5 90-00-00 E❑ Error North: 0.00000 East : D.00000 ❑ Precision 1: 294,000,000.00 ❑ -----------------------------------------------❑ Parcel name: 2❑ North: 1676218.0023 Line Course: N 88-22-10 W North: 1676219.5724 Line Course: S 10-28-32 W North: 1676203.3671 Cury Length: 22.59� Delta: 8--08-21 Chord: 22.57 Course In: S 79-31-28 E RQ North: 1676174.4584 End North: 1676160.9402 Line Course: S 02-20-11 W North: 1676150.0159 Curve Length: 31.6 Delta: 90-42-21 Chord: 28.46 Course In: S 87-39-49 E RP North: 1676149,2006 End North: 1676129.2087 Line Course: S 88--22-10 E North: 1676128.0196 Line Course: N 00-28-32 E North: 1676218.0065 East : 177830.0065 ❑ Length: 55.18 . ❑ East 177774.8488 Length: 16.48 ❑ East : 177771.8525 Radius: 159.00 ❑ Tangent: 11.31 Course: S 06-24-22 W❑ Course Out: N 87-39-49 W❑ East : ".77928.2023 East 177769.3345 Length: 30..95 ❑ East 177768.0728 Radius: 20.00 ❑ Tangent: 20.25 Course: S 43-00-59 E❑ Course Out: S 01-37-50 W❑ East 1.77788.0562 East 177787.4871 Length: 41.79 ❑ East 177829.2602 Length: 89.99 ❑ East 177830.0071 Perimeter: 288.63 Area: 5,304. sq.=t. 0.12 acres❑ Mapcheck Closure - (Uses listed courses, radii, and deltas)❑ Error Closure: 0.0042 Course: N 08-22-16 E❑ Error North: 0.00420 East : 0.00062' ❑ Precision 1: 68,723.81 ❑ ❑ ---------------- - µ-------------❑ Parcel name: 311 11 North: 1676274.3067 East : 177"784.9690 ❑ Line Course: S 88-22-10 E Length: 102,52 ❑ North: 1676271.3895 Fast : 177887.4475 U Line Course: S 00-28-32 W Length: 55.01 ❑ North: 1676216.3814 East : 177886.9909 ❑ '�-lLine Course: N 88-22-10 W Length: 112.19 [J North: 1676219.5738 East : 177774.8463 ❑ "*jLine Course: N 10-28-32 E Length: 55.66 Cl North: 1676274.3061 East : 177384.9662 Perimeter: 325.39 Area: 5,9,04. sq.ft. C_13 acres[] Hapcheck Closure - (Uses listed courses, radii, and deltas)❑ Error Closure: 0.0029 Course: 5 76-42-39 W❑ Error North: -0.00066 East : -0.00278 ❑ Precision 1: 112,200.00 ❑ � LandAmerica Commonwealth Camwest Development 9720 NE 120th Pl., #100 Kirkland, WA 98034 REFERENCE NO: /Cam West West Coast LLC Order No.: 40005979 Liability: Charge: Tax: Total: FOURTH SUBDIVISION GUARANTEE F-,�fp ry $10,000.00 $ 350.00 $ 31.15 $ 381.15 Subject to the Exclusions from Coverage, the limits of liability and other provisions of the Conditions and Stipulations hereto annexed and made a part of this Guarantee, and subject to the further exclusion and limitation that 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. Commonwealth Land Title Insurance Company a corporation herein called the Company, GUARANTEES the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated herein which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. Dated: August 6, 2008 Commonwealth Land Title Insurance Company By Authorized Si n Cure Subdivision Guarantee G NT004 Page 1 of 5 Order No.: 40005979 SCHEDULE A 1. Name of Assured: Camwest Development 2, Date of Guarantee: August 6, 2008 3. The assurances referred to on the face page hereof are: a. That according to those public records which, under the recording laws, impart constructive notice of matters affecting title to the following described land: See Exhibit A attached hereto. b. Title to the estate or interest in the land is vested in: CamWest West Coast LLC, a Washington limited liability company C. The estate or interest in the land which is covered by this Guarantee is: A fee simple estate Subject to the Exceptions shown below, which are not necessarily shown in order of their priority. EXCEPTIONS: 1. (A) UNPATENTED MINING CLAIMS; (B) RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF; (C) INDIAN TREATY OR ABORIGINAL RIGHTS, INCLUDING, BUT NOT LIMITED TO, EASEMENTS OR EQUITABLE SERVITUDES; OR, (D) WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT THE MATTERS EXCEPTED UNDER (A), (B), (C) OR (D) ARE SHOWN BY THE PUBLIC RECORDS. 2. REAL ESTATE EXCISE TAX PURSUANT TO THE AUTHORITY OF RCW CHAPTER 82.45 AND SUBSEQUENT AMENDMENTS THERETO. AS OF THE DATE HEREIN, THE TAX RATE FOR SAID PROPERTY IS 1.78% 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; 3. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 1523059099 YEAR BILLED PAID BALANCE 2008 $3,015.47 $1,507.74 $1,507.73 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $1,507.73. LEVY CODE: 2146 ASSESSED VALUE LAND: $126,000 ASSESSED VALUE IMPROVEMENTS: $179,000 Subdivision Guarantee Page 2 of 5 GNT004 OrderNo40005979 4. RESERVATIONS AND EXCEPTIONS EXPRESSED IN CONVEYANCE. GRANTOR: NORTHERN PACIFIC RAILWAY COMPANY RECORDING NO.: 73503 AS FOLLOWS: EXCEPTING AND RESERVING UNTO THE GRANTOR, ITS SUCCESSORS AND ASSIGNS, FOREVER, ALL COAL OR IRON UPON OR IN SAID LAND; TOGETHER WITH THE USE OF SUCH OF THE SURFACE AS MAY BE NECESSARY FOR EXPLORING FOR AND MINING OR OTHERWISE EXTRACTING AND CARRYING AWAY THE SAME; BUT THE GRANTOR, ITS SUCCESSORS AND ASSIGNS, SHALL PAY TO THE PRESENT LEGAL OWNER OR TO THEIR HEIRS, SUCCESSORS OR ASSIGNS, THE MARKET VALUE AT THE TIME MINING OPERATIONS ARE COMMENCED OF SUCH PORTION OF THE SURFACE AS MAY BE USED FOR SUCH OPERATIONS OR INJURED THEREBY INCLUDING ANY IMPROVEMENTS THEREON. 5. AN ORDINANCE OF THE CITY OF RENTON, ESTABLISHING AN ASSESSMENT DISTRICT FOR SANITARY SEWER SERVICE IN A PORTION OF THE SOUTH HIGHLANDS, HEATHER DOWNS AND MAPLEWOOD SUB -BASINS AND ESTABLISHING THE AMOUNT OF THE CHARGE UPON CONNECTION TO THE FACILITIES IMPOSED BY INSTRUMENT RECORDED ON JUNE 21, 1996, UNDER RECORDING NO. 9606210966. 6. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: CAMWEST WEST COAST LLC, A WASHINGTON LIMITED LIABILITY COMPANY TRUSTEE: COMMONWEALTH LAND TITLE COMPANY OF PUGET SOUND, LLC BENEFICIARY: CHARTER BANK ORIGINAL AMOUNT: $340,000.00 DATED: DECEMBER 14, 2007 RECORDED: DECEMBER 14, 2007 RECORDING NO.: 20071214002252 COVERS: A PORTION OF SAID PREMISES (EXCEPT THE WEST 30 FEET). NOTE 1: BASED ON INFORMATION PROVIDED TO THE COMPANY, ON THE DATE OF THIS COMMITMENT IT APPEARS THAT THERE IS LOCATED ON THE LAND: A SINGLE FAMILY RESIDENCE KNOWN AS: 5100 NE 3RD ST RENTON, WA 98059 NOTE 2: THE FOLLOWING MAY BE USED AS AN ABBREVIATED LEGAL DESCRIPTION ON THE DOCUMENTS TO BE RECORDED, PER AMENDED RCW 65.04. SAID ABBREVIATED LEGAL DESCRIPTION IS NOT A SUBSTITUTE FOR A COMPLETE LEGAL DESCRIPTION WITHIN THE BODY OF THE DOCUMENT. PTN OF NE1/4 OF STR 15-23N-05E Subdivision Guarantee Page 3 of 5 GNT004 Order No40005979 NOTE 3: WHEN SENDING DOCUMENTS FOR RECORDING, VIA U.S. MAIL OR SPECIAL COURIER SERVICE, PLEASE SEND TO THE FOLLOWING ADDRESS, UNLESS SPECIFIC ARRANGEMENTS HAVE BEEN MADE WITH YOUR TITLE UNIT: COMMONWEALTH LAND TITLE COMPANY OF PUGET SOUND 1501 - 4TH AVENUE, SUITE 308 SEATTLE, WA 98101 ATTN: RECORDING DEPT. COMMONWEALTH PRE -ADDRESSED ENVELOPES MAY STILL BE USED WHEN SENDING ❑OCUMENTS VIA TDS (TITLE DELIVERY SERVICE) TO THE ADDRESS ON THE FACE OF THE COMMITMENT COVER PAGE OR TO THE ABOVE ADDRESS. DWB/CSS Enclosures: Sketch Vesting Deed Paragraphs Subdivision Guarantee Page 4 of 5 GNT004 Order No.: 40005979 EXHIBIT "A" THAT PORTION OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W. M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SUBDIVISION; THENCE SOUTH 145.00 FEET; THENCE EAST 120.00 FEET; THENCE NORTH 145.00 FEET; THENCE WEST 120.00 FEET TO THE POINT OF BEGINNING; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE Except to the extent that specific assurances are provided In Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or titre to water, whether or rat the matters excluded under (1), (2) or (3) are shorn by the public records. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the Tines of the land expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any structure or improvements, or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or nut shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any Judicial or non7udicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Tents. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or an a supplemental writing executed by the Company, (b) "land": the land described or referred to in Schedule (A), (C) or in Part 2, and improvements affixed thereto which by law constitute real properly. The term "land" does not include any properly beyond the lines of the area described or referred to In Schedule (A), (C) or in Part 2. nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of husk trust deed. or other security instrument. (d) "public records": records established under state statutes a1 Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (a) "date': the effectve date. 2 Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly in writing in rase knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which Erie Company may be liable by virtue of this Guarantee. if prompt notice shall not be given to the Company, then air liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice, 3, No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4_ Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate_ Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at rts sole option and cost, to institute and prosecute any action of proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shrali be liable hereunder, and shalt not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) in all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, searing evidence, nbta ring witnesses, prosecuting or defending the action or lawful act which in the opinion CLTA Guarantee Conditions and Stipulations (Revised 12/15/95) of the Company may be necessary or desirable to establish the We to the estate or interest as stated herein, or to establish the lien rights of the Assured. 1f the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the fai[ure of the Assured to provide the required proof of loss or damage, the Company's obligation to such assured under the Guarantee shall terminate, In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shalt produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers. checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all retards, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 9. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness, The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, ar to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a iienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Companys obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together with any costs, attomeys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed less or damage, other than to make the payment required in that paragraph shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 7. Determination and Extent of Liability_ This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The liability of the Company under this Guarantee to the Assured shall not exceed the least of (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance assured against by this Guarantee. a. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the romplation of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. ' CONDITIONS AND STIPULATIONS CONTINUED (b) In the event of any litigation by the Company or with the Companys consent the Company shall have no liability for loss or damage until there has been a Final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for Ilability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. Reduction of liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, atlomeys fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro Canto. 10. Payment of Loss. (a) No payment shall be made without producing [his Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in Ahich case proof of loss or destruction shall be fumished to the satisfaction of the Company. (h) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Sbpulatons, the loss or damage shall be payable within thirty (30) days thereafter, 11. Subrogation Upon Payment or Settlement Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant The Company shall be subrogated to and be entitled to all rights and rer i❑s which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies_ If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection_ 12. Arbitration. Unless prohibited by applicable law, either the Comparry or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1.000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000.000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include aftomeys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdictior thereof. The law of the sites of the land shall apply to an arbitration under the Tide Insurance Arbitration Rules. A copy of the Rules may be obtained "in the Company upon request 13. Liability Limited to This Guarantee; Guarantee Entire Contract (a) This Guarantee together with all endorsements, t any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole: (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where Sent All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to Consumer Affairs Department, F.O. Sox 27567, Richmond, Virginia 2a261-7567. CLTA Guarantee Conditions and Stipulations (Revised 12115/95) rEgaI Description ojfhe Sped Assessment District or the City of Renton - East Renton In terc to Fa Le 2 a Section 11, Township 23N, Range 5E W.M, All of the Southwest V4 of Section 11, Township 23N, Range 5E WAL. Section 14, Township 23K Range 5E W.M. All of that portion of Section 14, Township 2,9N, Range 5E. W.M. described as follows: All of the Northwest V4 of said secLiori, together with the Southwest 1/4 of said section, except the South Ih of the Southeast 1/4 of said Southwest 14 and emept the plat of McIntire Homesites and I/2 of streets adjacent as recorded in the Book of Plats, Volume 58, Page 82, Rwords of King County, WashhVton, and except the South 151.55 feet of the East 239.435 feet of Tract 6, Block 1 of Cedar River Five Acre Tracts as recorded in the Book of Plats, Volume 16, Page 52, Records of King County, Washington, less i/2 of the street abutting said portion of Tract 6, Block 1, and less Tract 6, Block 2 of said Cedar River Five Acxe Tracts, less 1r2 of the street adjacent to said Tract 6, Block 2, and except the South 82.785 feet of the East 156 feet of Tract 5, Block 2 of said Cedar River Five Acre Tracts and less 'A the street adjacent to said portion of Tract 5, Block 2. �-f t� Section 15, Township 23N, Range 5E W.M. ai All of that portion of Section 15, Township 23N, Range 5E. W.M., except the Southwest Va of the Southwest 1/,. of the Southwest V4 of said section. Section 16, Township 23N, Range 5E W.M. All of that portion of Section 16, Township 23N, Range 5E W.M., exxept that portion of the Southeast'/4 flf the Southeast x/4 of the said Section 16 lying East of the East lime of the Plat of Maplewood Division No. 2 as recorded in the Book of Plats Volume 39, page 39, Records of Fling County WashingWn and its Northerly extension to the ?forth Itne of said Southeast K of the Smitheast 1/4 of the said Section 16 and kept that portion of said section lying Southerly of the Northerly right-of-way line of SR-169 (Maple Valley Highway). Section 17, Township 23N, Range 5E W.M. All of that portion of Section 27, Township 23N, Range 5E W.M., lying Northeasterly of the Northca4tcrly right-of-way of SR 169 (Maple Vaiiey Highway) and Easterly of the East right-of-way line of SR-405 less that portion lying generally West of the East and Southeasterly line of Bronson Way NE lying �nxrx�r++rsta�E'VEsensw���..cc�: