Loading...
HomeMy WebLinkAboutD 9109101285 M r• 0 I- F.. at UI at WHEN RECORDED RETURN TO: Warren, Kellogg, Barber, Dean & Fontes, P. S. Attorneys at Law P.O. Box 626 Renton, WA 98057 STATUTORY WARRANTY DEED 04 S STANLEY A. HUSELAND as Trustee of THE AMOS HUSELAND EDUCATIONAL ;4 TRUST, which also appears of record as THE HUSELAND EDUCATIONAL TRUST, te=a for and in consideration of Ten Dollars ($10. 00) and other good and valuable consideration in hand paid, conveys and warrants to THE CITY r t-1 OF RENTON, a Washington municipal corporation, the following described fr) real estate, situated in King County, State of Washington: Parcel A: Tracts 379, 381 and 392 , C.D. Hillman's Lake Washington Garden of Eden Division No. 6, according to the plat thereof recorded in Volume 11 of Plats, page 84, in King County, Washington. DC Parcel B: 1 The north 1, 132 feet of the east 161.28 feet of the northwest quarter of the northwest quarter and the north 1, 132 feet of the west 208.72 feet of the northeast quarter of the 11" northwest quarter, all in Section 4, Township 23 North, Range 40 5 East, W.M. , in King County, Washington; EXCEPT county roads. Grantbr makes no representations or warranties regarding any physical encroachments upon the above-described parcels of real property. SUBJECT TO: (1) Easement and the terms and conditions thereof condemned in Cause Number 748, United Stated District Court, Seattle; (2) Easement and the terms and conditions thereof recorded under King County Recording No. 3471078; 1 ORIGINAL Ei2O?923 O9/iO/i99i .00 PH ALTA OWNER'S POLICY-4-6-90 J Le *))� POLICY OF TITLE INSURANCE ISSUED BYv v � v v � v � � v v � v � L $:, ,, STEWART TITLE ((;,,'� (i�';1)) GUARANTY COMPANY (�,,y) :'i) -(Iil",';$ SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN ((),fig,), SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, STEWART TITLE GUARANTY COMPANY,a Texas 0 , �� �� corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A,against loss or damage,not ,,1�;_�b. (h, "I) exceeding the Amount of Insurance stated in Schedule A,sustained or incurred by the insured by reason of: (( �)) ( . 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; (1- (i" 3'' 3. Unmarketability of the title; O 4. Lack of a right of access to and from the land. $ a''��. 0 The Company will also pay the costs,attorneys'fees and expenses incurred in defense of the title,as insured,but only ( '`)>> ((! ,$ to the extent provided in the Conditions and Stipulations. (G "`)))_ $ IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its ((I ))) (, A,))) duly authorized officers as of the Date of Policy shown in Schedule A. �;a)) )s'a STEWART TITLE (� ..)) v 4 �1. GUARANTY COMPANY (I„ . 0" .NNW/ d %�, (((- ���)) Chairman of the Boar (i ,)) 'JL,;, President ( ) (( ,�)) Counter>;figned: rn � �(,,"';;)) �. (( � Authorized Signatory �( ���)) � � 0 l). 0'.0., Stewart Stewart Title Company o V.'a., Inc , ((�; ":�)' Company Seattle, Washington * 1(� 'I(' ;))) (((�°��1,'"))) City,State ((I ,1)) .1.1;, EXCLUSIONS FROM COVERAGE V ((,' °, The followin matters are expressly excluded from the coverage (�'� ^))) 9 P y of this policy and the Company will not pay loss or damage, costs, attorneys' fees or - 4,1 expenses which arise by reason of: (i�„))) (�V„ 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, ' V))) regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or ;), :(j)) hereafter erected on the land;(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a (r; ;;i), part; or(iv) environmental protection, or the effect of any violation of these laws,ordinances or governmental regulations, except to the extent that a ((l> )) notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been (I ))' ((j )) recorded in the public records at Date of Policy. S rr ;r,, , l ,,,:Tt,, ' (b) Anygovernmentalpolicepower not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,lien (((,9)), P ((� ��i!), or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. ((��))) 0,,,�'\ 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from ((i;,iF))` 0,< coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. i)) 3. Defects,liens,encumbrances,adverse claims or other matters: (��,0 (� � (a) created,suffered,assumed or agreed to by the insured claimant; I'�',1 (b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to ( )-_ ((1'";;'i)) the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (i;°�„')� `' ” (c) resulting in no loss or damage to the insured claimant; k„'94 (d) attaching or created subsequent to Date of Policy;or (I-�4 (;'i) (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this ((i�;i) 9" policy. k )) 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of r(=. l, 41 federal bankruptcy,state insolvency,or similar creditors'rights laws. t\7 ,- =' — —"= Page 1 of . ._, ,6,,,7„J___. „..,,..., _ :_, ._, , ,..„ ._ __ .,....,. 6� a sa s s:a ,..„._ �. Serial No.0.9981- 115 9 4 8 .....----..---...-...-----....7. * 001 (Rev.4-6-90) CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. (d) In all cases where this policy permits or requires the Company to prose- The following terms when used in this policy mean: cute or provide for the defense of any action or proceeding, the insured shall (a) "insured': the insured named in Schedule A, and, subject to any rights secure to the Company the right to so prosecute or provide defense in the action or defenses the Company would have had against the named insured,those who or proceeding, and all appeals therein, and permit the Company to use, at its succeed to the interest of the named insured by operation of law as distinguished option, the name of the insured for this purpose. Whenever requested by the from purchase including,but not limited to,heirs,distributees,devisees,survivors, Company, the insured, at the Company's expense, shall give the Company all personal representatives, next of kin,or corporate or fiduciary successors. reasonable aid(i)in any action or proceeding,securing evidence,obtaining wit- (b) "insured claimant": an insured claiming loss or damage. nesses, prosecuting or defending the action or proceeding, or effecting settle- (c) "knowledge"or"known":actual knowledge,not constructive knowledge ment, and (ii)in any other lawful act which in the opinion of the Company may or notice which may be imputed to an insured by reason of the public records as be necessary or desirable to establish the title to the estate or interest as insured. defined in this policy or any other records which impart constructive notice of If the Company is prejudiced by the failure of the insured to furnish the required matters affecting the land. cooperation,the Company's obligations to the insured under the policy shall ter- (d) "land": the land described or referred to in Schedule A, and improve- minate,including any liability or obligation to defend,prosecute,or continue any ments affixed thereto which by law constitute real property. The term 'land" litigation, with regard to the matter or matters requiring such cooperation. does not include any property beyond the lines of the area described or referred 5. PROOF OF LOSS OR DAMAGE. to in Schedule A, nor any right, title, interest, estate or easement in abutting In addition to and after the notices required under Section 3 of these Condi- streets,roads,avenues,alleys,lanes,ways or waterways,but nothing herein shall tions and Stipulations have been provided the Company,a proof of loss or dam- modify or limit the extent to which a right of access to and from the land is age signed and sworn to by the insured claimant shall be furnished to the Com- insured by this policy. pany within 90 days after the insured claimant shall ascertain the facts giving rise (e) 'mortgage': mortgage, deed of trust, trust deed, or other security to the loss or damage. The proof of loss or damage shall describe the defect in, instrument. or lien or encumbrance on the title,or other matter insured against by this policy (f) "public records":records established under state statutes at Date of Pol- which constitutes the basis of loss or damage and shall state,to the extent possi- icy for the purpose of imparting constructive notice of matters relating to real ble,the basis of calculating the amount of the loss or damage.If the Company is property to purchasers for value and without knowledge.With respect to Section prejudiced by the failure of the insured claimant to provide the required proof of 1(a)(iv) of the Exclusions From Coverage, "public records" shall also include loss or damage,the Company's obligations to the insured under the policy shall environmental protection liens filed in the records of the clerk of the United States terminate, including any liability or obligation to defend, prosecute,or continue district court for the district in which the land is located. any litigation,with regard to the matter or matters requiring such proof of loss or (g) "unmarketability of the title": an alleged or apparent matter affecting damage. the title to the land,not excluded or excepted from coverage,which would entitle In addition,the insured claimant may reasonably be required to submit to a purchaser of the estate or interest described in Schedule A to be released from examination under oath by any authorized representative of the Company and the obligation to purchase by virtue of a contractual condition requiring the shall produce for examination, inspection and copying,at such reasonable times delivery of marketable title. and places as may be designated by any authorized representative of the Com- 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. pany, all records, books, ledgers, checks, correspondence and memoranda, The coverage of this policy shall continue in force as of Date of Policy in whether bearing a date before or after Date of Policy,which reasonably pertain favor of an insured only so long as the insured retains an estate or interest in the to the loss or damage.Further,if requested by any authorized representative of land,or holds an indebtedness secured by a purchase money mortgage given by the Company,the insured claimant shall grant its permission, in writing, for any a purchaser from the insured,or only so long as the insured shall have liability by authorized representative of the Company to examine, inspect and copy all reason of covenants of warranty made by the insured in any transfer or convey- records, books, ledgers,checks, correspondence and memoranda in the custody once of the estate or interest. This policy shall not continue in force in favor of or control of a third party, which reasonably pertain to the loss or damage.All any purchaser from the insured of either(i)an estate or interest in the land,or(ii) information designated as confidential by the insured claimant provided to the an indebtedness secured by a purchase money mortgage given to the insured. Company pursuant to this Section shall not be disclosed to others unless, in the 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. reasonable judgment of the Company,it is necessary in the administration of the The insured shall notify the Company promptly in writing (i)in case of any claim. Failure of the insured claimant to submit for examination under oath,pro- litigation as set forth in Section 4(a) below, (ii)in case knowledge shall come to duce other reasonably requested information or grant permission to secure rea- an insured hereunder of any claim of title or interest which is adverse to the title sonably necessary information from third parties as required in this paragraph to the estate or interest, as insured,and which might cause loss or damage for shall terminate any liability of the Company under this policy as to that claim. which the Company may be liable by virtue of this policy, or (iii) if title to the 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF estate or interest, as insured, is rejected as unmarketable.If prompt notice shall LIABILITY. not be given to the Company,then as to the insured all liability of the Company In case of a claim under this policy,the Company shall have the following shall terminate with regard to the matter or matters for which prompt notice is additional options: required;provided,however,that failure to notify the Company shall in no case (a) To Pay or Tender Payment of the Amount of Insurance. prejudice the rights of any insured under this policy unless the Company shall be To pay or tender payment of the amount of insurance under this policy prejudiced by the failure and then only to the extent of the prejudice. together with any costs, attorneys' fees and expenses incurred by the insured 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED claimant, which were authorized by the Company, up to the time of payment or CLAIMANT TO COOPERATE, tender of payment and which the Company is obligated to pay. (a) Upon written request by the insured and subject to the options contained Upon the exercise by the Company of this option,all liability and obligations in Section 6 of these Conditions and Stipulations, the Company, at its own cost to the insured under this policy,other than to make the payment required,shall and without unreasonable delay,shall provide for the defense of an insured in terminate, including any liability or obligation to defend, prosecute, or continue litigation in which any third party asserts a claim adverse to the title or interest as any litigation, and the policy shall be surrendered to the Company for insured, but only as to those stated causes of action alleging a defect, lien or cancellation. encumbrance or other matter insured against by this policy. The Company shall (b) To Pay or Otherwise Settle With Parties Other than the Insured or have the right to select counsel of its choice(subject to the right of the insured to With the Insured Claimant. object for reasonable cause)to represent the insured as to those stated causes of (i) to pay or otherwise settle with other parties for or in the name of an action and shall not be liable for and will not pay the fees of any other counsel. insured claimant any claim insured against under this policy, together with any The Company will not pay any fees,costs or expenses incurred by the insured in costs, attorneys'fees and expenses incurred by the insured claimant which were the defense of those causes of action which allege matters not insured against by authorized by the Company up to the time of payment and which the Company this policy. is obligated to pay; or (b) The Company shall have the right,at its own cost,to institute and prose- (ii) to pay or otherwise settle with the insured claimant the loss or dam- cute any action or proceeding or to do any other act which in its opinion may be age provided for under this policy,together with any costs, attorneys'fees and necessary or desirable to establish the title to the estate or interest,as insured,or expenses incurred by the insured claimant which were authorized by the Com- to prevent or reduce loss or damage to the insured.The Company may take any pony up to the time of payment and which the Company is obligated to pay. appropriate action under the terms of this policy,whether or not it shall be liable Upon the exercise by the Company of either of the options provided for in hereunder,and shall not thereby concede liability or waive any provision of this paragraphs(b)(i)or(ii),the Company's obligations to the insured under this pol- policy.If the Company shall exercise its rights under this paragraph,it shall do so icy for the claimed loss or damage, other than the payments required to be diligently. made, shall terminate, including any liability or obligation to defend, prosecute (c) Whenever the Company shall have brought an action or interposed a or continue any litigation. defense as required or permitted by the provisions of this policy, the Company 7. DETERMINATION,EXTENT OF LIABILITY AND COINSURANCE. may pursue any litigation to final determination by a court of competent junsdic- This policy is a contract of indemnity against actual monetary loss or dam- tion and expressly reserves the right, in its sole discretion, to appeal from any age sustained or incurred by the insured claimant who has suffered loss or dam- adverse judgment or order. , age by reason of matters insured against by this policy and only to the extent herein described. , (continued and concluded on last page of this policy) . J Nome '441111e Standard Coverage STEWART TITLE GUARANTY COMPANY A.L.T.A. OWNER' S POLICY SCHEDULE A Order No. : 151762 Policy No. : 9981-115948 Policy Date: September 10, 1991 Policy Amount: $150, 000. 00 at 2 : 15 p.m. 1. Name of Insured: THE CITY OF RENTON, a Washington municipal corporation 2 . The estate or interest in the land described herein and which is covered by this Policy is: FEE SIMPLE 3 . The estate or interest referred to herein is at date of Policy vested in: THE CITY OF RENTON, a Washington municipal corporation 4. The land referred to in this Policy is described as follows: PARCEL A: Tracts 379, 381 and 392, C.D. Hillman' s Lake Washington Garden of Eden Division Number 6, according to the plat thereof recorded in Volume 11 of Plats, page 84, in King County, Washington. PARCEL B: The north 1, 132 feet of the east 161 .28 feet of the northwest quarter of the northwest quarter and the north 1, 132 feet of the west 208. 72 feet of the northeast quarter of the northwest quarter, all in Section 4, Township 23 North, Range 5 East, W.M. , in King County, Washington; EXCEPT county roads. 6 %rue *Nue Standard Coverage STEWART TITLE GUARANTY COMPANY A.L.T.A. OWNER' S POLICY SCHEDULE B Policy No. : 9981-115948 This policy does not insure against loss or damage by reason of the following: GENERAL EXCEPTIONS: 1. Rights or claims of parties in possession not shown by the public records. 2 . Easements, or claims of easements, not shown by the public record. 3 . Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey or inspection of the premises. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records, or liens under the Workmen' s Compensation Act not shown by the public records. 5. Any title or rights asserted by anyone including but not limited to persons corporations, governments or other entities, to tide lands, or lands comprising the shores or bottoms of navigable rivers, lakes, bays, ocean or sound, or lands beyond the line of the harbor lines as established or changed by the United States Government. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 7. Taxes or special assessments which are not shown as existing liens by the public records. 8. Any service, installation, connection, maintenance, capacity, or construction charges for sewer, water, electricity or garbage removal. 9 . Indian tribal codes or regulations, Indian treaty or aboriginal rights, including, but not limited to, easements or equitable servitudes. SPECIAL EXCEPTIONS: As on Schedule B, attached. (continued) 'tr✓` Policy No. : 9981-115948 A. L.T.A. OWNER' S POLICY SCHEDULE B Page 2 SPECIAL EXCEPTIONS: 1. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: IN FAVOR OF: The United States of America CONDEMNED IN CAUSE NUMBER: 748 UNITED STATES DISTRICT COURT HOLDING TERMS AT SEATTLE PURPOSE: Electric power transmission lines AREA AFFECTED: A portion of Tract 392 of Parcel A and other property 2 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: Boy Scouts of America, Troop Number 454 PURPOSE: Access to the clubhouse AREA AFFECTED: That portion of Parcel B in the south 20 feet of the north half of the northwest quarter of the northwest quarter of Section 4, Township 23 North, Range 5 East, W.M. , in King County, Washington RECORDED: May 16, 1945 RECORDING NUMBER: 3471078 3 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: Pacific Northwest Bell Telephone Company, a Washington corporation PURPOSE: A pole line AREA AFFECTED: A strip of land 10 feet wide in Parcel B RECORDED: August 9, 1967 RECORDING NUMBER: 6216303 The description contained therein is not sufficient to determine its exact location within the property herein described. (continued) • w . Policy No. : 9981-115948 SCHEDULE B Page 3 4. TERMS AND CONDITIONS OF CITY OF RENTON ORDINANCE NUMBER 4025: DATED: November 17, 1986 RECORDED: December 3, 1986 RECORDING NUMBER: 8612031455 REGARDING: Establishing a proposed assessment district for sanitary sewer service AFFECTS: The subject premises and other property 5. GENERAL TAXES: FIRST HALF DELINQUENT MAY 1; SECOND HALF DELINQUENT NOVEMBER 1: YEAR: 1991 AMOUNT BILLED: $366. 90 AMOUNT PAID: $183 . 45 AMOUNT DUE: $183 . 45 TAX ACCOUNT NUMBER: 334510-0210-02 LEVY CODE: 4145 AFFECTS: Tract 379 of Parcel A CURRENT ASSESSED VALUE: Land: $34, 100. 00 Improvements: None NOTE: If the taxes cannot be divided equally by 2, the higher amount must be paid for the first half payment. 6. GENERAL TAXES: FIRST HALF DELINQUENT MAY 1; SECOND HALF DELINQUENT NOVEMBER 1 : YEAR: 1991 AMOUNT BILLED: $188.29 AMOUNT PAID: $ 94. 15 AMOUNT DUE: $ 94. 14 TAX ACCOUNT NUMBER: 334510-0230-08 LEVY CODE: 4145 AFFECTS: Tract 381 of Parcel A CURRENT ASSESSED VALUE: Land: $17,500. 00 Improvements: None NOTE: If the taxes cannot be divided equally by 2, the higher amount must be paid for the first half payment. (continued) • • • 'tori ,40000 Policy No. 9981-115948 SCHEDULE B Page 4 7 . GENERAL TAXES: FIRST HALF DELINQUENT MAY 1; SECOND HALF DELINQUENT NOVEMBER 1: YEAR: 1991 AMOUNT BILLED: $124.81 AMOUNT PAID: $ 62 .41 AMOUNT DUE: $ 62 .40 TAX ACCOUNT NUMBER: 334510-0360-00 LEVY CODE: 4360 AFFECTS: Tract 392 of Parcel A CURRENT ASSESSED VALUE: Land: $11, 600. 00 Improvements: None NOTE: If the taxes cannot be divided equally by 2, the higher amount must be paid for the first half payment. 8. GENERAL TAXES: FIRST HALF DELINQUENT MAY 1; SECOND HALF DELINQUENT NOVEMBER 1 : YEAR: 1991 AMOUNT BILLED: $223 . 08 AMOUNT PAID: $111 . 54 AMOUNT DUE: $111 . 54 TAX ACCOUNT NUMBER: 042305-9331-05 LEVY CODE: 2100 AFFECTS: A portion of Parcel B CURRENT ASSESSED VALUE: Land: $19, 400. 00 Improvements: None NOTE: If the taxes cannot be divided equally by 2, the higher amount must be paid for the first half payment. 9. GENERAL TAXES: FIRST HALF DELINQUENT MAY 1; SECOND HALF DELINQUENT NOVEMBER 1: YEAR: 1991 AMOUNT BILLED: $56.34 AMOUNT PAID: $28. 17 AMOUNT DUE: $28. 17 TAX ACCOUNT NUMBER: 042305-9330-06 LEVY CODE: 2100 AFFECTS: A portion of Parcel B CURRENT ASSESSED VALUE: Land: $4, 900. 00 Improvements: None NOTE: If the taxes cannot be divided equally by 2, the higher amount must be paid for the first half payment. (continued) • Nue Noe Policy No. : 9981-115948 SCHEDULE B Page 5 10. GENERAL TAXES: FIRST HALF DELINQUENT MAY 1; SECOND HALF DELINQUENT NOVEMBER 1 : YEAR: 1991 AMOUNT BILLED: $78. 19 AMOUNT PAID: $39. 10 AMOUNT DUE: $39.09 TAX ACCOUNT NUMBER: 042305-9015-08 LEVY CODE: 2100 AFFECTS: The remainder of Parcel B CURRENT ASSESSED VALUE: Land: $6, 800. 00 Improvements: None NOTE: If the taxes cannot be divided equally by 2, the higher amount must be paid for the first half payment. END OF SCHEDULE B GB/sle/1358v a a 1 a • HOMEOWNER'S INFLATION PROTECTION ENDORSEMENT ATTACHED TO POLICY SERIAL NUMBER 9981-115948 ISSUED BY STEWART TITLE GUARANTY COMPANY The Company, recognizing the current effect of inflation on real property valuation and intending to provide additional monetary protection to the Insured Owner named in said Policy, hereby modifies said Policy, as follows: 1. Notwithstanding anything contained in said Policy to the contrary, the amount of insurance provided by said Policy, as stated in Schedule A thereof, is subject to cumulative annual upward adjustment in the manner and to the extent hereinafter specified. 2. "Adjustment Date" is defined, for the purpose of this Endorsement, to 12:01 a.m. on the first January 1 which occurs more than six months after the date of Policy, as shown in Schedule A of the Policy to which the Endorsement is attached, and on each succeeding January 1. 3. An upward adjustment will be made on each of the Adjustment Dates, as defined above, by increasing the maximum amount of insurance provided by said policy (as said amount may have been increased theretofore under the terms of this Endorsement) by the same percentage, if any, by which the United States Department of Commerce Composite Construction Cost Index (base period 1967) for the month of September immediately preceding extends such Index for the month of September one year earlier; provided, however, that the maximum amount of insurance in force shall never exceed 150% of the amount of insurance stated in Schedule A of said Policy, less the amount of any claim paid under said Policy which, under the terms of the Conditions and Stipulations, reduces the amount of insurance in force. There shall be no annual adjustment in the amount of insurance for years in which there is no increase in said Construction Cost Index. 4. In the settlement of any claim against the Company under said Policy, the amount of insurance in force shall be deemed to be the amount which is in force as of the date on which the insured claimant first learned of the assertion or possible assertion of such claim, or as of the date of receipt by the Company of the first notice of such claim, whichever shall first occur. PROVIDED, HOWEVER, this Endorsement shall be effective only if one of the following conditions exists at Date of Policy: a. The land described in this Policy is a parcel on which there is only a one-to-four family residential structure, including all improvements on the land related to residential use, in which the Insured Owner resides or intends to reside; or, b. The land consists of a residential condominium unit, together with common elements appurtenant thereto and related to residential use thereof, in which the Insured Owner resides or intends to reside. This Endorsement is made a part of the Policy or Commitment and is subject to all the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modified any of the terms and provisions of the Policy or Commitment and prior endorsements, if any, nor does it extend the effective date of the Policy or Commitment and prior endorsements or increase the face amount thereof. Signed under seal for the Company, but this Endorsement is to be valid only when it bears an authorized countersignature. Issued by: STEWART TITLE GUARANTY COMPANY Stewart Title Company Countersigned of Washington, Inc. la 1201 Third Avenue, Suite 3800 �? Seattle, Washington 98101 - \uJ (206) 622-1040 Authorized Signat y NOTE: In connection with a future application for title insurance covering said land, reissue credit on premium charges (if applicable at all) will be allowed only upon the original face amount of insurance as stated in Schedule A of said Policy. Inflation Endorsement Nome HOMEOWNERS ENDORSEMENT ATTACHED TO AND MADE A PART OF POLICY OF TITLE INSURANCE SERIAL NUMBER 9981-115948 ISSUED BY STEWART TITLE GUARANTY COMPANY Herein called the Company 1. This Endorsement shall be effective only if at date of Policy there is located on the land a structure designed for and used as a residence of not more than four families. The Term "structure" includes the principal dwelling structure on the land and all other improvements related to residential use, except lawns, shrubbery or lawns, shrubbery or trees and except perimeter fences and perimeter walls. 2. The Company insures the Insured, as of date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which Company may become obligated to pay hereunder, sustained or incurred by said Insured by reason of: a. The existence of any of the following matters: (1) Lack of a right of access from the land to a public street; (2) Taxes or assessments that are not excepted from the coverage of this Policy in Schedule B; (3) Unrecorded statutory liens for labor or material arising from a work of improvement on the land completed at date of Policy, except liens arising from a work of improvement for which the Insured has agreed to pay or for which the Insured, at date of Policy, knows payment has not been made. b. The enforced removal of said structure or the interference with the use thereof for ordinary residential purposes based upon the existence of: (1) The encroachment of said structure onto adjoining lands or onto any easement referred to in Schedule B or onto any unrecorded subsurface easement; (2) The violation of any enforceable covenants, conditions and restrictions; (3) The violation of any zoning ordinance, but this Endorsement does not insure compliance with building codes, housing codes or other exercise of governmental police power. c. Damage to said structure resulting from the exercise of any right to use the surface of the land for the extraction or development of minerals. This Endorsement is made a part of said Policy and is subject to the Schedule, Conditions and Stipulations thereof except that General Exceptions paragraphs 2, 3, 4 and 7 of Schedule B shall not limit or exclude the insurance otherwise provided by this Endorsement. Signed under seal for the Company, but this Endorsement is to be valid only when it bears an authorized countersignature. Issued by: STEWART TITLE GU_ARANTY COMPANY Stewart Title Company Countersigned of Washington Inc. I 1201 Third Avenue, Suite 3800 Seattle, Washington 98101 (206) 622-1040 Authorized Sign tory Homeowners Endorsement • iJ '�`.-%i ' `" STEWART TITLE COMPANY a of Washington, Inc. ORDER NO. ' IMPORTANT:This is not a Plat of Survey. It is furnished as a convenience to locate the land indicated hereon with reference to streets and other land. No liability is assumed by reason of reliance hereon. TRc5'7? az. L i►Lrn J�>`J �K� 6 RIDEW P E u _D►V / ;i,-- ; 1 .e, k p 0, ...v Q'N�s;;N 931.-' .. it. I w 12 — !.yT �.1r 24.401, .. t. lj a ~ /IS l/) .'S//•0. JOC • ill ; 1 •J.t• - 65.fZ. t �1♦•4 j D. 1S 93RD ,r- ST. �sos r `�4 'tS s . • 9.11E N°° .'` 1° ,1.N� Mi rr, I_ J lig' .. . •/1l5, ‘.6 1°1/ oil Xti! 1 0 7 .40 v �, 27 ~ :I.''z' ��+14; • e41° 7.1 e. •t s." �� 26 o vi I'.; ate° °�.�• .. _� /� • �,�y4i a �r ¢� ��� too f'244° ✓ J eis• o K•� .4 -- 11. : a• , At'' tet- ,idi.) . J '; mei 1. O / - ^ nor._dr I ► t t 1 PIE' 379 \5 /o \' / 1: "' -Nee- 1a�ss w 2 SE. 9 TH WAY t ' 11 \!� "iSTEWART TITLE COMPANY of Washington, Inc. • ORDER NO. _______/.52.7_ 1.9 IMPORTANT:This is not a Plat of Survey. It is furnished as a convenience to locate the land indicated hereon with reference to streets and other land. No liability is assumed by reason of reliance hereon. PO 1Alej- v a.D. dZ 1Lrn ilt\ii /fir.- ilk_ r GORDEN a c DE lei _Div a 1 10 0 lrr .�• • /i �., �0 -,tJr 41 1441 ., t•is i�l/ a Nnsw.•�rl.+ ' awr .vaN.J••as• ! i 1 s .,oz. I-.'410 4.40)0111.� rra•+ 'c �• ,�w ► fly • 1jj° ; Ip v v �t --� ^` 10 . I� ,°°.l Jar i ' 4 ' M�' ��•�., eye °:• , .'" — 00NEp F I� J ( ABA N 1.01...!1';:::( � �1 ~�✓��, Or �. '/ i a —J� __ J ', r0 r .y ' / • tuba;, . •9640 i11 L" ',to r: t0 z 041r° if.a • ',OS r•° '` •r° g.i., ,,tar w5 0 S ' o r, •`ss . f" t'E = o : 1 � . 381 ° ' 1. ,..../ ,°° / /., •.6 e ge '3150,,,, I t ri• e� 4: 380 ,,'a :0-16 I . ty,r5 • -':.::::Cc---; .'.:-:.1,..'.:-:. STEWART TITLE COMPANY t 1' of Washington, Inc. ORDER NO. /S—j ____ 1\1[\ IMPORTANT:This is not a Plat of Survey. It is furnished as a convenience to locate the land indicated hereon with reference to streets and other land. No liability is assumed by reason of reliance hereon. PD1 --Tkilei , a.D. diLLMINi Liiii.:-. \A/Acki,Nr-,7-61,i �4RDE.t c F r7)E/J D v tor" 0,5 4,.. .i., :.41----*-----"--'----b--- 1"03 / .......,... b_ 4 P _ 1 ; r z=,t.. — 1 r J o 'vo �' oa �� 1‘, Oa \ C. 392 rr =mss)' • / ' i t', ` s 1 1 1 pi S_:-- \ 396 GeSSI - 's 1 It f / 1 L ....".i ` ` • c.' v• ' • • rn • v 4. • _,./. r /a'r " I 391 I, / ::: 1 388 '2J I _o Z , 1 1 iI I LA .:i ` - STEWART TITLE COMPANY Jof Washington, Inc. ,+ y ;:: ORDER NO. / /. `/�i�2 IMPORTANT: This is not a Plat of Survey. It is furnished as a convenience to locate the land indicated hereon with reference to streets and other land. No liability is assumed by reason of reliance hereon. �— AL /J� /may{� //-_ PD1 5.--- LC— A/VP, 2 / 1l_/L , i ! fr- timmtly ; .r.. . ._.. .- :-...-•,;-,--;;;:—.....1:......)) SE. 95TH WAY • •7•f .7q 7J rI NI ; I ' s - CONDITIONS AND STIPULATIONS Continued • (continued and concluded from reverse side of Policy Face) (a) The liability of the Company under this policy shall not exceed the least 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. of: (a) The Company's Right of Subrogation. (i) the Amount of Insurance stated in Schedule A;or, Whenever the Company shall have settled and paid a claim under this pol- (ii) the difference between the value of the insured estate or interest as icy, all right of subrogation shall vest in the Company unaffected by any act of insured and the value of the insured estate or interest subject to the defect, lien the insured claimant. or encumbrance insured against by this policy. The Company shall be subrogated to and be entitled to all rights and reme- (b) In the event the Amount of Insurance stated in Schedule A at the Date of dies which the insured claimant would have had against any person or property Policy is less than 80 percent of the value of the insured estate or interest or the in respect to the claim had this policy not been issued. If requested by the Com- full consideration paid for the land,whichever is less,or if subsequent to the Date pany,the insured claimant shall transfer to the Company all rights and remedies of Policy an improvement is erected on the land which increases the value of the against any person or property necessary in order to perfect this right of subro- insured estate or interest by at least 20 percent over the Amount of Insurance gation. The insured claimant shall permit the Company to sue, compromise or stated in Schedule A,then this Policy is subject to the following: settle in the name of the insured claimant and to use the name of the insured (i) where no subsequent improvement has been made, as to any par- claimant in any transaction or litigation involving these rights or remedies. tial loss, the Company shall only pay the loss pro rata in the proportion that the If a payment on account of a claim does not fully cover the loss of the amount of insurance at Date of Policy bears to the total value of the insured insured claimant,the Company shall be subrogated to these rights and remedies estate or interest at Date of Policy;or in the proportion which the Company's payment bears to the whole amount of (ii) where a subsequent improvement has been made,as to any partial the loss. loss, the Company shall only pay the loss pro rata in the proportion that 120 If loss should result from any act of the insured claimant, as stated above, percent of the Amount of Insurance stated in Schedule A bears to the sum of the that act shall not void this policy, but the Company, in that event, shall be Amount of Insurance stated in Schedule A and the amount expended for the required toay only that part of any losses insured against by this policy which improvement. shall exceedtheamount, if any, lost to the Company by reason of the impair- The provisions of this paragraph shall not apply to costs,attorneys'fees and ment by the insured claimant of the Company's right of subrogation. expenses for which the Company is liable under this policy,and shall only apply (b) The Company's Rights Against Non-insured Obligors. to that portion of any loss which exceeds, in the aggregate, 10 percent of the The Company's right of subrogation against non-insured obligors shall exist Amount of Insurance stated in Schedule A. and shall include,without limitation,the rights of the insured to indemnities,gua- (c) The Company will pay only those costs, attorneys' fees and expenses ranties,other policies of insurance or bonds,notwithstanding any terms or condi- incurred in accordance with Section 4 of these Conditions and Stipulations. tions contained in those instruments which provide for subrogation rights by rea- 8. APPORTIONMENT, son of this policy. If the land described in Schedule A consists of two or more parcels which are 14. ARBITRATION not used as a single site, and a loss is established affecting one or more of the Unless prohibited by applicable law,either the Company or the insured may parcels but not all,the loss shall be computed and settled on a pro rata basis as demand arbitration pursuant to the Title Insurance Arbitration Rules of the Ameri- if the amount of insurance under this policy was divided pro rata as to the value can Arbitration Association. Arbitrable matters may include, but are not limited on Date of Policy of each separate parcel to the whole, exclusive of any to,any controversy or claim between the Company and the insured arising out of improvements made subsequent to Date of Policy, unless a liability or value has or relating to this policy, any service of the Company in connection with its issu- otherwise been agreed upon as to each parcel by the Company and the insured once or the breach of a policy provision or other obligation. All arbitrable mat- at the time of the issuance of this policy and shown by an express statement or by ters when the Amount of Insurance is$1,000,000 or less shall be arbitrated at the an endorsement attached to this policy. option of either the Company or the insured. All arbitrable matters when the 9. LIMITATION OF LIABILITY. Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when (a) If the Company establishes the title,or removes the alleged defect, lien agreed to by both the Companyand the insured. Arbitration pursuant to this or encumbrance, or cures the lack of a right of access to or from the land, or policy and under the Rules in efect on the date the demand for arbitration is cures the claim of unmarketability of title,all as insured,in a reasonably diligent made or, at the option of the insured,the Rules in effect at Date of Policy shall manner by any method, including litigation and the completion of any appeals be binding upon the parties. The award may include attorneys'fees only if the therefrom,it shall have fully performed its obligations with respect to that matter laws of the state in which the land is located permit a court to award attorneys' and shall not be liable for any loss or damage caused thereby. fees to a prevailing party. Judgment upon the award rendered by the Arbitra- (b) In the event of any litigation,including litigation by the Company or with tor(s)may be entered in any court having jurisdiction thereof. the Company's consent,the Company shall have no liability for loss or damage The law of the situs of the land shall apply to an arbitration under the Title until there has been a final determination by a court of competent jurisdiction, Insurance Arbitration Rules. and disposition of all appeals therefrom, adverse to the title as insured. A copy of the Rules may be obtained from the Company upon request. (c) The Company shall not be liable for loss or damage to any insured for 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. liability voluntarily assumed by the insured in settling any claim or suit without the (a) This policy together with all endorsements, if any, attached hereto by prior written consent of the Company. the Company is the entire policy and contract between the insured and the Com- 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF pany.In interpreting any provision of this policy,this policy shall be construed as LIABILITY. a whole. All payments under this policy, except payments made for costs, attorneys' (b) Any claim of loss or damage, whether or not based on negligence, and fees and expenses,shall reduce the amount of the insurance pro tanto. which arises out of the status of the title to the estate or interest covered hereby or 11. LIABILITY NONCUMULATIVE. by any action asserting such claim, shall be restricted to this policy. It is expressly understood that the amount of insurance under this policy (c) No amendment of or endorsement to this policy can be made except by shall be reduced by any amount the Company may pay under any policy insuring a writing endorsed hereon or attached hereto signed by either the President, a a mortgage to which exception is taken in Schedule B or to which the insured Vice President, the Secretary, an Assistant Secretary, or validating officer or has agreed, assumed, or taken subject, or which is hereafter executed by an authorized signatory of the Company. insured and which is a charge or lien on the estate or interest described or 16. SEVERABILITY. referred to in Schedule A,and the amount so paid shall be deemed a payment In the event any provision of the policy is held invalid or unenforceable under under'this policy to the insured owner. applicable law,the policy shall be deemed not to include that provision and all 12. PAYMENT OF LOSS. other provisions shall remain in full force and effect. (a) No payment shall be made without producing this policy for endorse- 17. NOTICES,WHERE SENT. ment of the payment unless the policy has been lost or destroyed,in which case All notices required to be given the Company and any statement in writing proof of loss or destruction shall be furnished to the satisfaction of the Company. required to be furnished the Company shall include the number of this policy and (b) When liability and the extent of loss or damage has been definitely shall be addressed to the Company at P.O. Box 2029,Houston, Texas 77252. fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. STEWART TITLE GUARANTY COMPANY .{ e , n..` •:•�•�. ... .^�.=�'". �. ,,.7 r e(a .�,,, . � C..,.',...,e ',;1'1' 'fir:41, 1" t^.�.:,�,.�+�"• �:.4 : (1a�a') (la0.,)) (I�0,, (1e��;')) (1,t�,i1)) ('oY�;') ((1aY„�)� ((1 1)) ((1 .1) ((( ,1) (' ,I)) (1,, a��). (� i) STEWART TITLE ti°�;)) (�fii• .4 (p�i) (� ;;) >,.0,:., 4t .3 GUARANTY COMPANY ( /)l) �('qA}�l) (( J (' ��) \\ `..% (' ;4 ((' �) (' Y�) (1 j) �I 1) ((I �4 1 � 1 �tl) 1 .�)�,� 1 1 ESTABLISHED 1896 I. (� ij INCORPORATED 1908 ((c ) (i¢`i)) r4 tv4 (i i) (i$'i)) 044 (i 4 ( ( (I 4 (( :!)) (I ,i) (I '?)) (' 3 A NAME ra �',' '�` �'' di; - ((� i) (i A) (i ;1) ((i )) ((1 1)) (i ,i) f (g,',1 FOR MORE THAN 80 YEARS ((`, RECOGNIZED NATIONALLY Ar ,t(�1n ;) (,¢„i)) (1�µ�) POLICY ( ",�) (1," ¢)) (01." (�' (t'ai) OF ( ) • 4 )) AS BEING I N G (� �) (+ )� g i t ;i} qf, j SYNONYMOUS WITH ((, �) ((i j) (1�,) (1¢i)) TITLE (('�''�)' (, Q',;,) SAFETY (';0 j (;��') ((, ;) ('N¢' INSURANCE ((,$;;) 44 111 ((�V;,�)) ((�,;i) (((k ))) ((�,;) ((' `) 0: 4 ((1 A;l) (1 .1) ((1°A,1)) ( 4 ('a �� 3 a•' �+ q' .ti<r,zttiit of(orrir•:r<r ((1�'-i) (,'�,j) (� �,;) STEWART TITLE GUARANTY COMPANY ) (�„�.� (i;0• (1,a„)) (1;o 41,,)) P. 0. Box 2029 0,,ka)) (.a+.!) \ ` Houston,Texas 7-7252.ti - C (;-,,� )) ii.i \- . I � �1711 — z � U4!! e�_�•6+ _ r .s .. . Vicis„- J -i � .}mo :. . �,, . ,..+3.y y ----A----:',.- jj y. :� �"�".�. ti S. h.c:`.� -, , ,= `/ . - — ` ` 1 1 • • cow ,% CITY OF RENTON "'1 Office of the City Attorney Earl Clymer, Mayor Lawrence J. Warren CITY OF RENTON NOV 2 1991 RECEIVED CITY CLERK'S OFFICE November 22, 1991 Ms. Marilyn J. Petersen City of Renton 200 Mill Avenue South Renton, WA 98055 Re: Huseland Trust to City of Renton Real Estate Transaction Dear Marilyn: I am pleased to enclose to you the original of the Statutory Warranty Deed which has been recorded under King County Recording No. 9109101285, as well as the original Policy of Title Insurance, Stewart Title Policy No. 151762 . You should retain these documents in the City's file on this matter. It has been my pleasure to have been of assistance to you with respect to this transaction. If there is any question, please feel free to contact me. Very tr ours, r• Daniel Kel ogg DK: ldm Enclosures cc: Leslie Betlach (w/enclosures ) L8. 62/74 Post Office Box 626- 100 S 2nd Street-Renton, Washington 98057- (206) 255-8678