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HomeMy WebLinkAboutACQ1996-102 - Original - George C & Katherine Armstrong - PSA for Parcel #3422059098 & 3422059220 - 05/10/1996 REAL ESTATE PURCHASE AND SALE AGREEMENT WITH EARNEST MONEY PROVISION GEORGE AND KATHERINE ARMSTRONG This contract controls the terms of the sale of real property. (Please read carefully before siQnina. ) Agreement between the City of Kent , a Washington municipal corporation, whose mailing address is 220 4th Ave . S, Kent, Washington 98032 , ( "Buyer" ) , and George C. Armstrong and Katherine A Armstrong husband and wife , whose mailing address is 22702 NE 16th Street Redmond Washington 98053-6850 , ( "Seller" ) entered into in Kent, Washington, this day of 1996 . Received from Buyer, Twenty Five Thousand and no/100 dollars ($25 , 000 . 00) in the form of a City of Kent purchase order, as earnest money and part payment on the purchase price of the following described real estate, commonly known to be located at 14806 SE 288th Street Kent , WA 98042 (the "Property" ) , which Buyer agrees to buy and Seller agrees to sell, and which Property is legally described in Exhibit A, attached hereto and incorporated herein by this reference . A map indicating the location of the Property is also attached as exhibit B, incorporated herein by this reference . Said purchase order will be converted to cash at closing. PURCHASE PRICE The total purchase price for the Property is Six hundred thousand and no/100 dollars ($600 , 000 . 00) payable by City check on closing. Page 1 Armstrong, George and Katherine [X] CONTINGENCIES : This agreement is contingent upon acceptance of its terms by the Kent City Council by May 22 , 1996 and upon Seller' s performance of all inspection requirements listed under Item 9-J, with the results to the satisfaction of the Buyer. This sale is also contingent upon settlement of any lawsuits affecting the property including the lawsuit between Gabriel and Kathryn Cordi, Plaintiffs under King County Superior Court Case #95-2-04168 and George C . and Katherine A. , Armstrong, Defendants, prior to closing. This agreement is further contingent upon final review an acceptance of Title Report by Buyer on or before May 22 , 1996 . If any of the above contingencies are not met, then the Earnest Money will be refunded in full . 1 . SELLER' S REPRESENTATIONS : Seller represents : (1) [X ] that the property is connected to a : [ ] public/community water main [X ] well [ ] public sewer [X ] septic tank [ ] cesspool [ ] gas main [X ] electrical power [X ] telephone [ ] cable t .v. [ ] none of the foregoing. (IF WELL OR SEPTIC TANK IS CHECKED, THE WELL OR SEPTIC TANK PROVISIONS , ITEMS 9 (G) and 9 (H) BELOW, ARE PART OF THIS AGREEMENT) , (2) [ ] that there is a condominium or Home Owner' s fee, Page 2 Armstrong, George and Katherine (3) [ ] that the property contains lease or encumbered items identified as [ ] hot water tank (s) [ ] heating system [ ] other (4) [X ] that all electrical wiring, heating, cooling, and plumbing systems will be in normal working order at the time Buyer is entitled to possession, (5) [X ] that he/she knows of no material structural defects, (6) [X ] that he/she will maintain the property and yard in present or better condition until time of agreed possession, (7) [ ] that shares in light and/or water companies and associations, if any, shall be included in the sale, unless noted, (8) [X ] that he/she has no knowledge or notice from any governmental agency of any violation of laws relating to the subject property except :_ 2 . TITLE: Seller to provide title insurance at closing, to be issued by Stewart Title 1201 Third Avenue Suite 3800 Seattle Washington 98101 Title to the property is to be free from all encumbrances or defects except Special exceptions 1 2 3 4 5 6 identified in Stewart Title Report 280200 dated April 22 1996 and except the easement for ingress/egress and utilities ( including water line) recorded under King County recording number 8810210769 and maintenance agreement in connection therewith and the requirements of King County Short Plat number 1086045 and any wetland restrictions . Encumbrances to be discharged by Seller shall Page 3 Armstrong, George and Katherine be paid from Seller' s funds at the date of closing. The following shall not be deemed encumbrances or defects : Rights reserved in federal patents or state deeds ; building or use restrictions consistent with current zoning, other than government platting and subdivision requirements; utility easements ; other easements not inconsistent with Buyer' s intended use; and, reserved oil and/or mineral rights . 3 . CLOSING COSTS AND PRO-RATIONS : The cost of escrow shall be shared equally between Buyer and Seller, except those fees which are expressly limited by Federal Regulation. Seller shall pay for excise tax and revenue stamps . Taxes for the current year, rents, interest, Association, Condominium and/or Homeowner ' s fees , water and other utility charges, if any, shall be pro-rated as of date of closing unless otherwise agreed. 4 . CLOSING OF THE SALE: WITH THE UNDERSTANDING THAT TIME IS OF THE ESSENCE FOR THIS AGREEMENT, this sale shall be closed on or before July 19 . 1996 , which shah also be the termination date of this agreement . When notified, the Buyer and Seller will deposit, without delay, in escrow with Accountable Escrow, 1048 West James Suite 102 , Kent , WA 98032 , all instruments and monies required to complete the transaction in accordance with this agreement . Closing, for the purpose of this agreement , is defined as the date that all documents are executed and the sale proceeds are available for disbursement to the Seller. Page 4 Armstrong, George and Katherine 5 . POSSESSION: Buyer shall be entitled to possession on [XI closing, or [ Seller agrees to pay the Buyer the sum of $ N/A for each day of possession beyond the date of agreed possession. (Said payment shall be the sole responsibility of the Seller, due on demand. ) 6 . PERSONAL PROPERTY: Seller agrees to remove all personal property located on the Property prior to city possession. Seller agrees that his or her "personal property" shall include all items, whether considered of value or not by Seller, not classified as fixtures . Seller and Buyer expressly agree that Buyer shall have the right to inspect the Property prior to closing for the purpose of determining that all personal property has been removed. 7 . SELLER' S ENVIRONMENTAL REPRESENTATIONS : Seller represents that to the best of his/her knowledge, he/she has complied with all matters arising out of al- federal , state, foreign and local laws or administrative orders with respect to environmental conditions existing on the closing date including, without limitation, the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act, the Superfund Amendments Reauthorization Act , the Model Toxics Control Act , the Spill Compensation and Control Act , and the Environmental Cleanup Responsibility Act , with respect to the purchased property. Such representation, and any liability that Seller may have Page 5 Armstrong, George and Katherine for any breach thereof, shall survive the closing. In the event Buyer discovers or determines or is notified about existence of any environmental condition (including, without limitation, a spill, discharge or contamination) that existed as of and/or prior to the closing date or any act or omission occurring prior to the closing date, the result of which may require remedial action pursuant to any law or may be the basis for the assertion of any third party claims, including claims of governmental entities, Buyer shall promptly notify Seller thereof and Seller shall , at its sole cost and expense, proceed with due diligence and in good faith to take the appropriate action in response thereto . In the event that Seller fails to so proceed with due diligence and good faith, the Buyer may, at its option, terminate this agreement without prior notice . 8 . SELLER' S INDEMNITIES : Seller agrees to indemnify and hold harmless the Buyer, against and in respect of, any and all damages , claims, losses, liabilities, judgments, demands, fees , obligations, assessments, and expenses and costs, including, without limitation, reasonable legal , accounting, consulting, engineering and other expenses which may be imposed upon or incurred by Buyer, or asserted against Buyer, by any other party or parties (including, without limitation, a governmental entity) , arising out of or in connection with any environmental condition existing as of and/or prior to the closing date, including the exposure of any person to any such Page 6 Armstrong, George and Katherine environmental condition, regardless of whether such environmental condition or exposure resulted from activities of Seller or Seller' s predecessors in interest . This indemnity shall survive the closing and be in addition to Seller' s obligation for breach of a representation or warranty as may be set forth herein. 9 . ADDITIONAL PROVISIONS : This agreement is subject to the following additional provisions : (A) CONVEYANCE (1) If this is for conveyance of fee title, title shall be by Warranty Deed free of encumbrances except those noted in Paragraph 2 above . (2) If this agreement provides for a sale by real estate contract , Seller and Buyer agree to execute a real estate contract for the balance of the purchase price on Real Estate Contract Form N/A, a copy of which is hereby tendered to the parties hereto, or such other form as attached hereto, and the terms of which are incorporated herein by reference . Said contract shall provide that title by conveyed by Warranty Deed. (3) If said property is subject to an existing contract, mortgage , deed of trust or other encumbrance which Seller is to continue to pay, Seller agrees to pay said contract, mortgage, deed of trust or other encumbrance in accordance with its terms, and upon default, Buyer shall have the right to make any payments necessary to remove the default , and any payments so made, shall be applied to the payments next Page 7 Armstrong, George and Katherine falling due on the contract between Seller and Buyer herein. (4) If this agreement is for sale and transfer of vendee ' s interest under existing real estate contract, the transfer shall be by Buyer' s assignment of contract and deed sufficient in form to convey after title is acquired. (B) TITLE INSURANCE Buyer is authorized to apply for a preliminary commitment for a standard form Buyer' s policy of title insurance to be issued by such title insurance company as the Buyer may designate . Said preliminary commitment , and the title policy to be issued shall contain no exceptions other than those provided for in such standard form and encumbrances or defects noted in paragraph 2 hereof . If title cannot be made so insurable prior to the closing date called for herein, unless Buyer elects to waive such defects or encumbrances, this agreement shall be terminated. (C) GENERAL PROVISIONS SQUARE FOOTAGE: Unless otherwise expressly stated to the contrary on the reverse hereof, any square footage as to the building or lot used by Seller or any real estate agent in marketing said property are understood to be approximations and are not intended to be relied upon to determine the fitness or value of the property . Buyer has personally observed the property and has reached its own conclusion as to the adequacy and acceptability of the size of property based upon said personal inspection. Page 8 Armstrong, George and Katherine (D) ENTIRE AGREEMENT THIS AGREEMENT, INCLUDING ALL INCORPORATED EXHIBITS, CONSTITUTES THE FULL UNDERSTANDING BETWEEN SELLER AND BUYER (and AGENT, if applicable) . THERE HAVE BEEN NO VERBAL OR OTHER AGREEMENTS THAT MODIFY THIS AGREEMENT. (E) CONTINGENCY CLAUSE If CONTINGENCIES paragraph on page two herein has been filled in, it is agreed that Seller may keep the property on the market and continue to show it until the contingency has been met or waived by Buyer. If prior to that time, Seller receives another acceptable offer to purchase the property, he shall give Buyer written notice of his intent to accept the new offer . Seller' s written notice shall be personally delivered to Buyer, or sent by certified mail to Buyer' s address on the front side of this agreement . The specified number of days shall commence on the day after delivery or, if mailed, then on the third day following its deposit into the mail . In either case, said specified days shall expire at midnight of the last day unless that day is a Saturday, Sunday or legal holiday, in which event, it shall expire at midnight the next business day. If within said specified days, written notice from Buyer that said contingency has been met or waived is actually received by Seller or Listing Agent , or is delivered to Seller' s address on the front side of this agreement, Buyer ' s right to purchase hereunder shall continue in accordance herewith. In the event that Seller does not receive such notice from Buyer within the specified number of Page 9 Armstrong, George and Kathe—ne days , then this agreement shall be terminated. BUYER' S CONTINGENCY MAY ONLY BE WAIVED BY WRITTEN NOTIFICATION TO SELLER THAT BUYER HAS REMOVED THE CONTINGENCY. (F) DEFAULT AND ATTORNEY ' S FEES If the Seller defaults in his or her contractual performance herein, the Buyer may seek specific performance pursuant to the terms of this agreement , damages, or recision. If the Buyer seeks damages or recision, the earnest money, upon demand, shall be returned in full to the Buyer . If the Buyer defaults in its contractual performance herein, the earnest money, upon demand, shall be forfeited to the Seller as liquidated damages, and shall be the sole and exclusive remedy for default available to the Seller . The parties acknowledge in the event of default , actual damages would be impractical or impossible to ascertain, but that the amount of liquidated damages is a fair and reasonable estimate thereof . In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney' s fees . (F) INCLUDED ITEMS The following items are included in the sale unless noted otherwise : linoleum, window screens , screen doors, plumbing and light fixtures (except floor, standing and swag lamps) , attached cabinets and drawers, attached television antennas, attached carpeting, trees, plants and shrubs in the yard, built-in appliances, shades , Venetian blinds, curtain rods, Page 10 Armstrong, George and Katherine all attached bathroom fixtures , attached apparatus and fixtures, awnings, ventilating, heating and cooling systems, all outbuildings , barns, garages and their attached fixtures, shelving and other appurtenances , attached irrigation equipment , and any oil or other fuel on hand at time of possession, unless otherwise specified. (G) CONDITION OF WELL (if applicable) Seller warrants that : (1) The private well serving the property has always provided an adequate supply of household and yard water, meeting State Department of Social and Health purity standards; and (2) continued use of the well is authorized by a governmental permit or other established and existing water right, if required. (H) CONDITION OF SEPTIC TANK 'if applicable) Seller warrants that the septic tank serving the property is in apparent working order and Seller has no knowledge of any needed repairs . (I) CASUALTY LOSS If prior to closing, improvemen s on said premises shall be destroyed or materially damaged by fire or other casualty, this agreement at option of the Buyer shall become null and void. Page 11 Armstrong, George and Katherine (J) INSPECTIONS Seller understands that BUYER MAY REQUIRE THAT THE PROPERTY COMPLY WITH THE HOUSING CODE and other governmental requirements of the city or county in which it is located. BUYER MAY ALSO REQUIRE THE FOLLOWING INSPECTIONS : [ ] Pest [ ] Electrical [ ] Heating [X] Septic Tank [ ] Plumbing [ ] Soil Survey [ ] Roof [X] Well Water [ ] Structural [ ] Asbestos COST OF INSPECTION: Seller agrees to pay, in advance, costs of any of the above inspections . OBLIGATIONS TO MAKE REPAIRS : Seller understands that as a result of any city, county or other inspections, he/she may be required to make repairs to the property in order to comply with the housing code whether or not a sale is completed under this agreement . (K) NOTICE TO SELLER, BUYER, AND AGENT/BROKER This form contains customary provisions for an agreement for the purchase and sale of residential real estate . The Buyer makes NO WARRANTY OR REPRESENTATION OF ANY KIND that this form, or any of its provisions , is intended to meet the factual and legal requirements of a particular transaction, or that it accurately reflects that laws of the State of Washington at the time you enter the agreement . THIS AGREEMENT HAS SIGNIFICANT LEGAL AND FINANCIAL CONSEQUENCES AND YOU ARE ADVISED TO SEEK INDEPENDENT LEGAL AND FINANCIAL Page 12 Armstrong, George and Katherine COUNSEL REGARDING THESE CONSEQUENCES . (If you do not understand the effect of any part , consult your Attorney before signing. Federal law may impose certain duties upon Brokers or Signatories when any of the signatories receive certain amounts of U. S . currency in connection with a real estate closing. ) 10 . SELLER' S OBLIGATION CONTINGENT ON CLOSING OF SALE OF ADJACENT PARCELS OF REAL PROPERTY. Notwithstanding any other provisions to this agreement to the contrary, Buyer and Seller understand, acknowledge and agree that Seller' s obligations to sell the Real Property pursuant to this Agreement are contingent and conditioned upon the closing of the sale to Buyer of certain adjacent real properties identified as follows : (i) Kirby Property Owner: Kenneth G. Kirby, Trustee of the Kenneth G. Kirby Revocable Trust Parcel No. 342205-9052-07 ; Q-S-T-R- ; S .E . 34-22-05 . (ii) Forner Property Owner : Arnold E . and Elmira Forner Property Address : 14420 S .E . 228th Street, Kent, Washington 98042 Parcel No . : 342205-9106 -031 Q-S-T-R- ; S . E . 34-22-05 . Armstrong, George and Katherine Page 13 11 . AGREEMENT TO PURCHASE: Seller hereby acknowledges receipt of copy of this agreement . Buyer offers to purchase the above property on the above terms and conditions . Seller shall have until 5 : 0 0 p.m. , May 7 1996 to accept this offer by delivering a signed opy thereof to Buyer. r Jim hite, Mayor Date 11 . SELLER' S ACCEPTANCE: 1996 , Seller agrees to sell the property cn the terms and conditions specified herein. Seller acknowledges receipt of a copy of this agreement , signed by both parties . (SELLER) (SELLER) Seller' s Address : Armstrong, George and Katherine Page 14 APPROVED AS TO FORM: ROGER A. LUBOVICH CITY ATTORNEY Page 15 Armstrong, George and Katherine Attachment A Order No . 280200 A.L.T.A. COMMITMENT SCHEDULE A Page 2 The land referred to in this commitment is situated in the county of King, state of Washington, and described as follows : PARCEL A: The south 250 feet of the east half of that portion of the southeast quarter of the southeast quarter of Section 34 , Township 22 North, Range 5 East, W.M. , in King County, Washington, lying east of a line drawn parallel to and 30 feet east of the west line of said southeast quarter of the southeast quarter; EXCEPT that portion lying southeasterly of the northwesterly margin of Primary State Highway No. 2 ; AND EXCEPT that portion conveyed to the State of Washington by deed recorded under Recording Number 5185917 . PARCEL S : The east half of that portion of the southeast quarter of the southeast quarter of Section 34 , Township 22 North, Range 5 East, W.M. , in King County, Washington, lying east of a line drawn parallel to and 30 feet east of the west line of said southeast quarter of the southeast quarter; EXCEPT that portion lying southeasterly of the northwesterly margin of Primary State Highway No . 2 ; AND EXCEPT the south 250 feet thereof . END OF SCHEDULE A Attachment B ffl..• 5 • LOT � i01 2 �,`, LOT ` 't= LO'• f• � .t KC TS;0030l64 c�`, • ry,' I=� SP6?7095R �. y..., ir► t �iJ i r J13•t•r�� u. n_� ,w 132r 2 �w sr r.�'�''� OF s�r sr aad�s'C 04 r w I � r 1 t, 0. �v Y'' ay I AAP Q ram. : PAIL Q.� ,.;:. A Q -0 ' w ..r-.s ..•� SE.2lOTH 97rau.4s allow AA fa STEWART TITLE COMPANY OE,WASHINGTON, INC. NORTH "A Tradition Order No. 'Z5 a c---�ou of Excellence" 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 ,SOUTH reliance hereon. STEWART TITLE COMPANY OF WASHINGTON, INC. 1201 Third Avenue, Suite 3800 Seattle, Washington 98101 Senior Title Officer, Mike Sharkey Title Officer, Diana L. Cardenas-Ryland Unit No. 12 FAX Number 206-343-1330 Telephone Number 206-343-1327 City of Kent Parks Department 220 South 4th, 4th Floor Title Order No. : 280200 Kent, Washington 98032 Attention: Helen Wickstrom Customer Ref . : Armstrong SECOND REPORT A. L. T. A. COMMITMENT SCHEDULE A Effective Date : April 22 , 1996 , at 8 : 00 a.m. 1 . Pacific Northwest Title Insurance Company Policy(ies) to be issued: A. ALTA Owner ' s Policy Amount $600 , 000 . 00 Standard (X) Extended ( ) Premium $ 1 , 550 . 00 Tax $ 127 . 10 Proposed Insured: CITY OF KENT B . WORK CHARGES Amount $250 . 00 Tax $ 20 . 50 * Please note the Work Charge initially billed and paid ($250 . 00 plus $20 . 50 tax) will be credited towards the policy premium. The remaining balance will be paid at the time of closing. The final balance to be paid will be $1, 406 . 60 . 2 . The estate or interest in the land described herein and which is covered by this commitment is fee simple . 3 . The estate or interest referred to herein is at Date of Commitment vested in: GEORGE C. ARMSTRONG and KATHERINE A. ARMSTRONG, husband and wife 4 . The land referred to in this commitment is situated in the County of King, State of Washington, and described as follows : As on Schedule A, page 2 , attached. Order No . 280200 A.L.T.A. COMMITMENT SCHEDULE A Page 2 The land referred to in this commitment is situated in the county of King, state of Washington, and described as follows : PARCEL A: The south 250 feet of the east half of that portion of the southeast quarter of the southeast quarter of Section 34 , Township 22 North, Range 5 East, W.M. , in King County, Washington, lying east of a line drawn parallel to and 30 feet east of the west line of said southeast quarter of the southeast quarter; EXCEPT that portion lying southeasterly of the northwesterly margin of Primary State Highway No. 2 ; AND EXCEPT that portion conveyed to the State of Washington by deed recorded under Recording Number 5185917 . PARCEL B : The east half of that portion of the southeast quarter of the southeast quarter of Section 34 , Township 22 North, Range 5 East, W.M. , in King County, Washington, lying east of a line drawn parallel to and 30 feet east of the west line of said southeast quarter Of the southeast quarter; EXCEPT that portion lying southeasterly of the northwesterly margin of Primary State Highway No. 2 ; AND EXCEPT the south 250 feet thereof . END OF SCHEDULE A STEWART TITLE COMPANY OF WASHINGTON, INC. A.L.T.A. COMMITMENT Schedule B Order No. 280200 I . The following are the requirements to be complied with: A. Instruments necessary to create the estate or interest to be insured must be properly executed, delivered and duly filed for record. S . Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. II . Schedule B of the Policy or Policies to be issued (as set forth in Schedule A) will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: A. Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment . B . GENERAL EXCEPTIONS : 1 . Rights or claims of parties in possession not shown by the public records . 2 . Public or private 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 alien, 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 authorizina the issuance thereof; (c) water rights, claims or title to water. 7 . Any service, installation, connection, maintenance, capacity, or construction charges for sewer, water, electricity or garbage removal . 8 . General taxes not now payable or matters relating to special assessments and special levies , if any, preceding the same becoming a lien. 9 . Indian tribal codes or regulations, Indian treaty or aboriginal rights, including, but not limited to, easements or equitable servitudes . C. SPECIAL EXCEPTIONS : As on Schedule B, attached. Order No. 280200 A.L.T.A. COMMITMENT SCHEDULE B Page 2 SPECIAL EXCEPTIONS : 1 . EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING BUT NOT LIMITED TO, THE FOLLOWING: GRANTEE: Puget Sound Power & Light Company, a Washington corporation PURPOSE: An underground electric distribution system AREA AFFECTED: A portion of said premises DATED : April 20 , 1989 RECORDED: May 1, 1989 RECORDING NUMBER: 8905010451 2 . EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING BUT NOT LIMITED TO, THE FOLLOWING: GRANTEE : Pacific Northwest Bell Telephone Company PURPOSE: Underground communication facilities , conduit and above ground cabinets AREA AFFECTED: A portion of said premises RECORDED: July 13 , 1990 RECORDING NUMBER: 9007131294 3 . RELINQUISHMENT OF ACCESS TO STATE HIGHWAY AND OF LIGHT, VIEW AND AIR BY DEED TO STATE OF WASHINGTON: RECORDED: July 28 , 1960 RECORDING NUMBER: 5185917 4 . EXCEPTIONS AND RESERVATIONS CONTAINED IN DEED : FROM: Robert L. Schuck and June E. Schuck, husband and wife DATED: May 6 , 1960 RECORDED : January 18 , 1961 RECORDING NUMBER: 5242874 AS FOLLOWS : Reserving unto the grantors herein all coal , oil and minerals and the right to explore for and mine same NOTE : No examination has been made to determine the present record owner of the above minerals, or mineral lands and appurtenant rights thereto, or to determine matters which may affect the lands or rights so reserved. (continued) Order No. 280200 A.L.T.A. COMMITMENT SCHEDULE B Page 3 ASSIGNMENT OF SAID RESERVATIONS : ASSIGNEE: Robert L. Schuck and June K. Schuck, Trustees of the Berrydale Trust and successors DATED: April 20 , 1988 RECORDED : May 6 , 1988 RECORDING NUMBER: 8805060739 5 . Restrictions limiting the use of that portion of the property herein described lying within 100 feet from a water well as imposed by instrument recorded under Recording Number 8903070302 . 6 . AGREEMENT AND THE TERMS AND CONDITIONS THEREOF : BY AND BETWEEN: Owners DATED : February 7 , 1989 RECORDED: March 7, 1989 and March 27, 1989 RECORDING NUMBERS : 8903070301 and 8903270232 REGARDING: The operation, ownership and maintenance of a well and water distribution system 7 . GENERAL AND SPECIAL TAXES AND CHARGES : FIRST HALF DELINQUENT MAY 11 IF UNPAID: SECOND HALF DELINQUENT NOVEMBER 1 , IF UNPAID: YEAR: 1996 TAX ACCOUNT NUMBER: 342205-9098-03 LEVY CODE: 5040 AFFECTS : Parcel A CURRENT ASSESSED VALUE : Land: $ 14 , 600 . 00 Improvements : $101, 000 . 00 GENERAL TAXES : AMOUNT BILLED: $1, 844 . 16 AMOUNT PAID: $ 922 . 08 AMOUNT DUE : $ 922 . 08 (continued) Order No. 280200 A.L.T.A. COMMITMENT SCHEDULE B Page 4 SPECIAL DISTRICT : AMOUNT BILLED: $6 . 89 AMOUNT PAID: $3 . 45 AMOUNT DUE: $3 . 44 SPECIAL DISTRICT: AMOUNT BILLED: $1 . 25 AMOUNT PAID: $ . 62 AMOUNT DUE: $ . 63 NOTE: IF THE TAXES AND CHARGES CANNOT BE DIVIDED EQUALLY BY 2 , THE HIGHER AMOUNT MUST BE PAID FOR THE FIRST HALF PAYMENT. 8 . GENERAL AND SPECIAL TAXES AND CHARGES : FIRST HALF DELINQUENT MAY 1, IF UNPAID : SECOND HALF DELINQUENT NOVEMBER 1, IF UNPAID : YEAR: 1996 TAX ACCOUNT NUMBER: 342205-9220-04 LEVY CODE: 5040 AFFECTS : Parcel B CURRENT ASSESSED VALUE : Land: $183 , 800 . 00 Improvements : $ 0 . 00 GENERAL TAXES : AMOUNT BILLED: $2 , 932 . 16 AMOUNT PAID: $1 , 466 . 08 AMOUNT DUE : $1, 466 . 08 NOTE : IF THE TAXES AND CHARGES CANNOT BE DIVIDED EQUALLY BY 2 , THE HIGHER AMOUNT MUST BE PAID FOR THE FIRST HALF PAYMENT. 9 . NOTICE OF DEFERRED PROPERTY TAXES AND/OR SPECIAL ASSESSMENTS AND THE TERMS AND CONDITIONS THEREOF : BY AND BETWEEN: State of Washington and George C. Armstrong, et ux DATED: March 18 , 1992 RECORDED: May 12 , 1992 RECORDING NUMBER: 9205120281 (continued) Order No. 280200 A.L.T.A. COMMITMENT SCHEDULE B Page 5 10 . MEMORANDUM OF LEASE: LESSOR: George C. Armstrong LESSEE : Chicago Title Insurance Co. , Agent DATED: January 29, 1982 RECORDED : March 3 , 1982 RECORDING NUMBER: 8203030049 LESSEE ' S INTEREST IN SAID LEASE IS NOW HELD OF RECORD BY: ASSIGNEE: Seattle SMSA Limited Partnership, a Delaware limited partnership ASSIGNMENT RECORDED: April 2 , 1985 RECORDING NUMBER: 8504020118 11 . Unrecorded leaseholds, if any; rights of vendors and holders of security interests on personal property installed upon said property and rights of tenants to remove trade fixtures at the expiration of the term. 12 . Payment of Real Estate Excise Tax, if required. The property described herein is situated within the boundaries of local taxing authority of unincorporated King County. Present Rate of Real Estate Excise Tax as of the date herein is 1 . 78% . 13 . The work charge as shown under paragraph 1, Schedule A has been paid and upon recordation of this transaction must be reimbursed to the City of Kent Parks Department . END OF SCHEDULE B Title to this property was examined by: Diana Cardenas Any inquiries should be directed to one of the title officers set forth in Schedule A. DLC/pja/4960X M LOT 2 LO LOT . ' LO'f k : �k t i n 76t0030964 f i 6?7095 R49 l� f. _ J!f•a _ �... r� `e ` ` 1 N � i 1 t Uj a PAIL SE.211 7"ST 'mEa w.ira+Lw,. STEWART TITLE COMPANY OF WASHINGTON, INC. NORTH "A Tradition Order No. 'Z�'6 0--)c:>v of Exceiience" IMPORTANNT: 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 ,SOUTH reliance hereon. AIM ET r:,A:iFtL(r VT YOR I!NDERGRt)UNI)l'J"l(:l'll((:SYSTEM M �,tE zYri; err. i.ti comi.doratxon of Ono �tll:sr `(SI-0;POIck-Cwltd�NOd�C!ur i values?c C')Mideration, tlx: rtrcc,ipt of whit l't is Iu rfJ�y fe .... — TjfK F L'. A1�SSTILOLiG AfII� {•n9'ItLPTbT: n N4'L�;TLiOt+1G. u rM1rYl --- __• _ -..- ._.___..... .. _- ._ _. f r)hSpAr�1 a tVtrd,�nKt!,rl l;,l•. f tR,llor•IIO Nir I. Pt l( I,f:filltt9 ronvtwa nn,l Avnrr tit.[ «, i','(I[ NO I't)WI �` n•,,1I t I (•, ,cr,.(Ur,} . 1,•nr.nt ta.1 f 1.r, nrreCs and over Iht� InI- lx,rativn (''f•rnntclr' htn•r•atl,Foy Ihr lun'prsm nrr,inaltr.r�,ti<11q tl I,...L,.... c'niflh•, WRs1161)(Ittn, 1a,vinSt demAl',od t,•„1 propvty (ihc"ht'q,nrly lu+nthll __ Ft4F+CFZ 71: The w��•".0 half F�CFX'T h-Lt portion ).y.i.rr) �wd�rlre�tstnr)-Y of t2te North— halt was rly margin of PYirwry 5tsaLe fliyhwaY I��. 2., of t3,at Mrt.L of elk Soutlu��st cp;Artc� of. t1 i<: .:c�uthry+st crux-ter of Sc�tit r+ .Za, nYT.m ip '22 IJJ1t.Il, 12.tttge 5 F:st:t, W.M., in Ki_rsrJ :ounty. V;as`ttrxl tn, 11�in4 Sh La&r o.`- .s line drawn �lrallel to a le 30 `feet rn-it '•he Yk3�} Iine �a0t artc3r of llse ua :nts'�'tegst ? rtCl:, r?:CSS'•r rcxtd.' cf Si1.La :�Uth- �'' atxl M,, FPr the South 250 fl t there�Oi: r u."r. quarter. YTItCFS B: ;7te S QL 330 fcx t ui t1le ,outhwe4r quxrtr:r of the nAs'h — -- of. Section 35, ^jti'n•:•hip 22 Mrth, Range 5 3 t, W1..., in King Crzntyr Rxsh_NtOn, lyinq 2brtivpsterly Ot- Pri;lYr;j State ttiglsra;r ro. ?, roads ant zx=7 ritV rdt ricPube. (Stlsa S:?tc7+rn 3S lJropo eEx1 syvrt Pl.it. ,x>. 10360� •? t Rx,:cpt,t>,ltay t::e!hp•,vee:r.net forth hr.-c;n Crnn+r•r s rleltic;:hail!tn nxnrr:is,'d upon 11cd i�r,rhnr.:+f the pr„pt`;t,•(tl,r"'.tight- . of 1Nev"h••rrinl desrriln:,l n�Iniimis: _..--�r•��f••v�MAwlfkb•„v..,�nlrlraf-:►as•nub'• +1�k1gt'tzrt`�N;17'=^.__.Y�..___.._..�fi.frm-n•irltk;rt�ifi..-.._�......-_��. aq�+an�r,l 3; IZErc� F 7.00 SET: A,1.7p;} a�11ri?IT "Fl f_q:1H51- *w,• 7.00 55 1% EXCISE TAX NOT REQUIRED g Cn.fReco d ,r t)n73� '{in r s Ci risiar i r.' . ,;C"y _�is_ By 1. f'uzpuae.Cr;In!isCshallli:rveih,:rivhtloran1n Cvind<:r,IlrC Right_oL�Vn 1[u4•rhrruw611fadlnr rss C,t�tnrrcnnvenin,t np• f; Irin,stni,slon an,I/or tl'tiirilttition.vilelro All purU!ar,nrrt lhrrolnr,lvhlrh m:,A.include i:ut arr•.rnl Urnitrtd+a trio tollmv;nQ,undrrumurai rnnduiu.colder.can ithil Coll- I v:n,•1)arir l nr Rra:ind inountnrl faedillrt T nllitwintt IhC tnit!111 Cott- hnnr,vaults,monhc;;t*s. w;trl eo.nrd trf rlsfnrmer� ant err. atnul;un of ins f:er..litlrtr..f:ranttec may.rum tins:to t±mr ronsirsttl such Rdili,ional fur:Ihies na it m:n rrtqu a,g xr10.Crantr a shall h ve ti.r R ht of ncee'+to[ho Rit:ht�i[-WAy over t+nd.1CYe]s fhr I'tapern to rnnble Crrr.+ec!u exrr• ci+r a3 T;ghs her^tt-v{cr,phN'dexL IhHI f.r:,cnru ahnll ramp•.+nsntr C�reninr far nnv rinmaCe In thn F'rnperty coast((Uy;he cxrr- '., . G15n of s'lid right a. O69tn1Rttnnb,Landnt:upinR-r:rantrr m:,v fr.T;imM.to tiro( rt mnv, tree.:;,b.tshre,nr o her nbt trupinro wfiidn rho Right �[a^Jnc u1x{7,a,•A•v r', i.ocl ct;,•fr 1h r•RS,!i11_nf.tV:q'm 1h,•c,rtrnt tcesrnnhly nrd•99nTv:r Cnrry enI Ilk,pUT(foer!V let forth in i nrugtnph 1 ltcrarl', ex provitl,•d.Iha(rnl';uw!^11 nnv,uch were,<:rnnlrc shnli.In il„`k1e tnatnhniiuniof Gly r�ntre�n underrground Ktq:,l-of-w„ a,!h„crndit'mo i1.,;1s immr:tGmup;prior o such work,hallowing' fac±llth,..f;rar.:.>r r,Rv undcrta;at nry nrdinnr ,m1,rm rrnl:rts to in,-landsCnp,n of the R;Al1t-nf-ttiny.ltrosddc and rl thni no Mom rr ;ai fur CrAiller to rorleve other pi,,nrs east(hl• pl:lrerl i;u:n:i,u 1,hirh n'i+aid he unMas,ut;lhly(:xpcnSivC rr antrnCl t. tRbtnnr. a. Grantor's t tt of liLRht-af.W--v,Oranlor re r+,,+'the r1glil to,tie ihr.RiKil-dAv-for any p+r pose nu:,nrnmlaterf with the r4,ld,her,:bl t tooled,i,rnvidrd:that Grantor!halt nut(tngn,irt nr innirlmn nov building or n:hrr olrualn.n:nn Iho Right- ef_,Nav Wh,fkl xTrldfl mn:rfen,,ci:h 1l:;•e,xrrfIsc,d il,.e t•tyhts ilerotn(,•runlCth ttlnl n0 diRl;inu.IUMRIInR or aaPlrr form tl:.n r ` s(rttr;inn Retivity!11:111 lie dnna r,r he 3'topartv,.hlC ,vndd dlsnirh:no curnnacuhnil heon or�donnwt hlr.15ferl OfltltretRighi-of- l fG ht-nfNJuy ;rnflnnRat:hr In G,rM1i slrpper'.to said.[nctll!1eA:and 111A1 no LlnsttnR 7• f 1Vuy, nd rrt ordtn tiiLs a+strmenl,tinmtee sxr<rs to Indcmn,ty and hull harme ll Grantor from all :. Lndc,nnln.EIv oca pttnat n R unJ?II tilninst for inlurig,.ow/or GtaiaKge6 surf„ids ty any pdreoa whi,:h ntny lrr mused by o$ c'rentett•omosen 10 nv c M }tr;rr(n g:•isnG,d:provided,that('iantee skull not be raspomiblc to Gro:unr for any iu:.and/or,idmat; P c ti:u•^,i l,v act1,or onlimione of Grantor. perlaxl Gf livn 13J vurCMstive vrarl In which event his ent;nTnrnt stink inrminnto vll all rild"N hrmunder'hall revert to Crnn- •er,I,rm•;did Orat Ir Rhnndnn7ctCn(shall he dt•e1nr,1 to h:tvo occvrrctl I,v rnMr.!t of!',raniv,t•s f+11111M to Initially InAlAII IIS is •'t f�r prm lli yl^t•r_,lin-In �cdoll of!I,nr. frnm Iho dot,hrrr•nf. '+ '•.). 7. Surxsson And AmlRnh.The ttphb nrd nhlif;r.Gnns of ihn parlwa t<l,ril intlre 6,d1f,',ern:( of and he LindinR upon!heir ?>lr respr»ttivr uiC^C.ysnrs,+nd nssiRns• �'• •l D-4541-1 8902226 KT_IACOOl 22S-136/139 1: 1� r, r. 1 R r A"-K' a,lnnnL nr`•n nn•- ._-1'11 1 1 i\tRu'11r 1 hfl-!''T r'�f7- - ' - , � n^rEom*-����_ Inv� . ^""~^. . ny. ._---_- - � � / � �mznorW^vnw�n�w ) . SS \ cCuwTYor ) � `^'---- '������a��«�-/�o��*�mmu�n"=ox�~,--'~'~'�- ^ ���n�nmv o�vun �=o �� � ��'��w ��mm���� ma����=mm ��� _- � � Ixon . ` . . ' cz -_ ' . /nwr=�*mu "~"=,°~x�""` on.w"*:.`�* ~'~- -' ���� *om*°'�'�*m��om� �,°o >,o°/���po o�cwr" a�m°»"�"�"� '-� �,��vm,mo,�« | p"° m -' - o����m°u�mm��= ~^-'' -'-'- w=mm�kmu�o� ^�" ommm �------ . «nvxw under up,=*/=mnom�,^o 'm^_ :^/w / _ ___'__-_---------------- r � � .^rom,o/�^�i^mu . � � °"'m"^-1 --- - � ! s�^r�cFwxs�wTou ' SS ` cuoxr'or /m.u ^� mnm�^=and ~----' i ymo�o°"�w�°�x�ool «e��� mm=`�'='^` --- »"/�,�m=*rmv�w*°��m,mw"^� ' m^=="� ��=a.amx�'"u°m"�" . C,,Vr.,,j om/vr~')-~/mw"x^ 'l"u */"__-_'^=a um^rp"ua'n And,~ .l.^s','rof Wmmrtph* mixxw'' ___-----'----------� \ ` / . � ` mm�orw^SHs(:T'm ` CORPORATE ACKNOWLEDGMENT � xx .� � � conwr'n+ ne°on" ,"ppe"�l o"chi,___""," °"1 �vxn "~ mv *m °""° ~~,~~ '----' ' um^ � -�_--- ^~�p=� �� ~`— m�n � �"*�"�r�"o��x"m°��""^vmo�" "/~'w''"°^"^`"'""~'r^~^'^'`^����=^� ���^~,=" ""+that the ' . ,'~~-^^ ,~/."~.� ,.^.,^ ^., ` �,m,�rnr"-/ ofmw"°Om"n" a�� `�+ +".�u���o����m rl my�� "� Notary Public in",./ rot?Ile State ww"�»nJttv . m __'----_----------------- -- ^ |NVIA-4.|q } ARMSTRONG U-4541-1 S 6902226 i EXflIAIT "A" gAgR.MLNT NO. l: All .grreet .and goad Rightn'of-Way as now or hereafter dtoz'tI�I plaltCdr ,end/or Constr�Ctec within the above QesCr.iaed pco' P clause hs(when r—tid I)t7: oto null and dvo �d-! dedicate,; to the public, this EASEMliN7 iVO. 2: i A sLrip of land ten ( 10) feet in width, located witAin acid i pzopQrty, lying parallel with and adjoining all public and priv8te street and road Right•:--of-Way. 3ASEKpNT g._3 S feet • in width htiv i.ng five (5) feet of such "v A Right-of-Way ten (].!I) ft w;df h on each side of a centerline dcsctil�ed es fol.l.ows; i The centerline of Grantee's facilities as constructed or 1 t nrI`a vz :ciccztcu �7�.~f A V.{ikl i the North 250 feet of tht3 above desc:ibed Parcel A. i7` n + LO � • 1 1 1 k � I I i i. y 1 M 57 DC 3507 tO:C1 r:zs1U n,I'i+r EASEMENT ga_8-774t Jolr 11W 17101e1ence� '•�.�Cj� KNOW ALL MEN BY THESE PRESENTS: Mutual [3cnefitsIhounderlenad.het0lnniterfelerrod10 nor anA in consWerotiotl of--_._...•_-_---- --- n nn Comoeny,a Was!lr+9tnn Carpt+retlon• :rR Ct,antOrl::} nerehY yraMa.I nnthClll61 o@SRrrenl t0 r'arnc�No Iwo nN1 TCICp 0 and muthOMY tO Place, ConSlrucl. qs succtacoi-and Dssigns, noroin[1ner r,rterled In:!x t3ntnfon��lac as clr.a'Iroln+C inleC'e rocld[Ips Iona at,r�o1_._- I nimnlaln.Irsnocl,reconstruct.ropalr,rrpinca.romrn�nendMer:p do-duit and-abovn 9rnulld COJMO-tS.. _underground tuun,lunicatlon-ft[cj_liticj C - t _—__ ------ ---- -- - - uiry ova On dc'O",uD an0 under[ne neroinallC'On@Crihnd ll fnd nu,t r a:nhrlrrancaa as thn Gmmeo say from 1-3 1n WaSh 1 n!Lt�n --am s descn?r+d as tdl;owa "- pqx..:nrtVsltuplafirl,_,..hi-�r1 -S;aurty.5fa[cn[.... Township 22 North, Range 5 Cast, Section 34,r •V The east half of thaL portion we of the SE'a of t- SE'a }yinr cast of the line �0 feet east of thst lino of said Sf.'n of the SE ':; LLSS that portion of the SouUleastorly of the northwesterly line of Prinfary 'f- ;tale Fpyy #? 2 LESS Cnunty Roads- cm Said easement Acing a ten fuut strip alone' the northeasterly driveway he northerly SE 284t.h Street {prival:e drive) to lath Ave SE theme alase'placcd and and easterly portions of the cu',de sac AKA 148' Ave L, r v as shown on Attached fXlll[31T "A" o RE CD F 6.4tr {9 TAX -� s to Dnd ogre;''rim said property dtScrlZed shove,will,lho i7 QGfdn�l 0 sJlltlLn[a!I pines Haut 171C right of foil and irnr nS,as b undor,.idndinq Ihal Grantee 9nall be responsible Ier aC o,rnsge caused tr.Grenlcr a+,:+ng from Grantee's o prrisr.of the rlrnlS 3 Intl pr,vilc nm mmm grantcj r nor.04C:a!1Cnn a-not iocot,4cicnl-In not an ImoderOnCn wdn the rrrynhp,n-,,•runs 1nr fVen110+,So file CISrgRrli nr ay'. - -a w riQnlS 9rIIntCO C,r:,nl PP nc'r r,•^ !'y, Pm2nl Ghall inure 1C the OCnnpt rl Inc to Olyd-j u000 the her?! eRCClllor:. ,.� ' 1 The n�his. ccnditrnns ono prov1610nS of TI6 ass (s ngrel; 1 Successors and assi0nsm tno rescecuva partq. j (L,� In wd nF1S5 whC!C01 thr-undOr3i�ndd nD:tprrtCulOd this in,!rumen'n�e__ ..._ Ry C. Arinstronl; i • --------- K�tthCrin,• A. Armgl:r•JnR { 'A t (IndividuM Aclrnev iodpamenl) Corpoule AetenawtedperreM) r .. 4/�l pn;nos nnv por:�nouy nnnourd torero ma i �,n,nl:ddy Mrsnrnply nnpsnr,iQ(Lil-h �_. ' LL'-.•1. �Y�' -'-• ----�-- - wni,nrn s fr nd?.me I:'Iro—_... -- �" /1\+„�--..___-who,1•nrutrU YntTYn r0 n,n•a Cc Ihr,nthap • l I^n+nR•eC•ntl rnstur tnl.afr66cMrewlCdgad tn107-- ---•--- the IOlB Cin MSUtrRlant. ivirnc the anme iz"i_ .�. ne and.clunt]ry Oct nn1 0l lnp<.n•0='rn%) Ira1 d 1A,16 O 9 I fr• and end ncrrcwknJnd card In men+ 10 oa the d nrM.'Or,rn o110110 nn nurCQ40+nnrern mgrllemed.y{� vo,unlnN nc,and dn40 Cr dtOrpdritlen,tOr lne ufe9 lend C aaY nwpoeca rmm�rn mcnun e.erd a aam s,alMs ITat,.— ,;,vM,rnc.•-,n,y tnnno nnr,nn.cm:nN in s-_�- Hid ln4Irkr' 1 on pertell [, nll�•�-=- -�— C,- •�oslwBre au•Mrr.td 6mcate i C vnn uMl!r my iiII06 and 04ti411 innt It'll 0 of (/ r mnr tot CSlate O1 ._ 010,y M•Nie io and for me Stale 0f_ Vt` Knrory n,0l'r- le �� •rtxrd;nD it--- 4 Uq cOrtxv+aS,On 00109 .t 1 I 1 l q� -•1 r ^ ZJ44.)i � 11 (. ` •r �n f�� � .b�cn p.y If+, 'C' ^x'�Ka� N I y ; � �v 1. � :f- � •V.f ' n1� ��`k.[!�] � ' ,�ij. YI Lp v i - �i, nc,.io•IQO c 4 Z � co tp op ol 144;TN AVEAVr—� _`ram.. --_�.. .�......--. �• � w✓ ` 1 L o �,cnnf- r_co on;- -a1II1 INVUa 1C c(T ��T qf;-Q -c lST I\'�C i A r Y ,1 •aM.;... vg a _ Second r t TM III'"TCR ' unary ,. 5-A. •— �, ,,. bhways Xrno , i Gal 1[a 1Lef R!$' r I � ,ashirgt.n, being 'LraL dul }I acJ real, - 1 That the Sate c[ 'AashinR xa rigt„r'• a 'p"r situated in King COUnty. th.,rrta, :.x°.ii • strip of :and 2(1C all That portion cf the ro:.l ,w •'� ,.Ir La.a HIM- .ion in width, being 1C0 fret vide. e '.a si''r +-` �,.��•- Lec!n of Primary S r, _ ., �,;, l:wa�� t:ngiaeer's St■cSon 556{DC :,ay Nn. 2, Auburn t1Y Jet. H *b .. {,r 'and sha:.l ac 300 Cent in to the Sa•t a •f sa t ^x sa i h., B 1l 0 fea w d ;ioteh being e widt ` ' H kPARCEL "A'•' ctc�eaac: tIoarzer of the The Cast Half Of I1` that. poctlrn ct:c sauthaast Quartcr of section �•, 1'ownohip 2 Nort'.''• Rinac 5 f Gast, 4.H.. lying F-nac of a Ltnt orsvn para:lc'. to and 3U Sect j ` cne Southeast East of the Weer Line of sai� Sou.h°es ' G«aCTrr ° ¢ t`uAtcer; tD(CY.PT Fonda. 4 , the specific The lands boing described nertLn concaln an aroma of J.�� acres, more or ofdefinite location j 4 details conr_orhing all of which are to borfo Ad within thaL}{ccrt a mill of and bearing I now Of raccei dt+d on file to the offer. -,u, a�ti2 the center line of which dote of approval December 17, 19Si, ro '^^^-d Ja'"'�rY 21, �corda 0f King County. is also shown of record in Volume 1 of highway Flats, all existing, future or potential Together with all rights of ingressss and ogre (inctudina %L nasamenta or Accasa, U&Lt, view and air) to, from and "VwPen PrfmarY Stets yiiKhway No. 2, i Auburn to Jcc. SSH No. 5-A, and the reyYainder of said Patcci '•A". A'ix i l warranty deed, attached hereto and All es fully set forth in the copy of the origina made a port hereof, designated ae ExhlbLt "A". , and properry rights. Affiant further states thae the fuliononwaseracelved for s•,dsaid ac•eptedrby Robert L. sc'nuck and June as tendered by the State of Mashing , ■a evidenced by thin ' x. Sehuck, husband and +.•tie, the grantors shown in satJ pihibit "A"• signed original voucher and warrant in the files of the State Of Washington_ f� s lost after its tlelivery, approval and Affiant further states that the original deed wa y j f the acceptance by himself as Chief Right of Way Asia recorded for rFa DepafrtOYont of Highways o [ is retarded co confers the title of she State State of Washington, and that this affidavit i of Washington to the land and access rights described hercin. DATED/ Chief Right of May Age" Department of Higbwaya � State of Washington � Subeeri.,^,, .•,a sworn to before me this _day of ;ul^ 1��• is %�• F I Y� Notery Public %mead fox he State of ;ieshinnr,•Jn, residing at lymGia, Wash. I J l 1 additional sheets 1 f7 ,u JUL281M rr�...+:^w,nrr.Yti•ww�•f..,:?!WJ:e�1MMM}ISK• :L:K. .. 1 *,cnnt Qcq qn�( -,Tii I l IWTI Iq qO QT qR-q -c Mac I. � t t..IJ Intl, cif rdecjam ■m, t. K'%(0W A1,f,Aih'N 't':' T}lf:Sx PI .+ s(II�Ctr t�t1 wa wife ,IGw: n k s j•x and to C"+M r.ot4,n '4 rht 31,11, and Qtber .aZuD1a aacsld.ratl0n nI rial )MrrlYf/r"n`��ef nKd te°'rnnf In Ll. ..• ;.,,`� ^ aI t . oifd in XS.Lrf c� 1.�, . ■ +f;to 11 ILClf Of 1"d ` ll ties ar the c,a A as 6incr•I>aa f`-"4 ► ?71°l o �- 'Lu t.4at p+r °-•■ Ste lea 5Sb•� belaL 100 feet w16A M cash a?•1u'at frca E14b"7 • - riOLLeet 1a I tyt ;-LdAelran to Jet. Z71'H Ho• 'j-ti LiCEF' , shall be iwrt]se+ ly to the Last 1SAa ad[ said Panel •4' ew1� •taiP e � ' ridtl, >as 1qj fat 6Aa M each "a o- eatd cedar I,,—. {f; goutb.aat :vwrt4r P�R� a�'t tba LssC Ralf of that parttoa of tba a Sect`- }L Tnetfshlp J1rrt7, j SOVT�teaat QtMr1eT of a:a].let. ' Last, V_M., �T1»e �rast. of t 111>. dram P n( t7v, .-O%Vaawt ! ' said "cuthe+at (�wrriar r � u' ,U&% of th4 kaet 11 e. I 7ZaTl WIT Reads. i._c } • of7.9 ac= a. ,o a !•ar., the rP►t The lends t'okct4 pp od tasr�y c.rg to m ota w�thla %'it' c*'*- u a4 •f definite laatloa whioh ars to t+ found a at �17wpia, wed Dastiat deWilt eori0ar,^,the all Of aftYe• n! t`. DSs+t� :ty reIItAr :1>� of �lah cf rseord and ou fi, Sa me rtr►l� :artnarT 21, 1, �, t r—or" Caen 7- i�+ pOr' v ye,eamMr li, l95'', of k1nQ l�r a110 sta4At& of � rseoiti Sn Qe1wa 1 n1 HSaA+�7 P1i�a� pace li5r all ti6hti of iriKTaos to tt,. Etab oL 1Peshiad�' tba ❑reaure bervLa OOUTOY r►rrrn'- tt of aoeae, li�tr TiR +� all edatL M, f%t4r$ or patantial eelaa� fA agrees aMixdiat m�7 hats ff1�� )1°. 2,.XabW% k J<t. SIIii 60. �-� end ttlr air) te, from wd betpo" Portal, et Laid Por . ••• tl Imo WWII r— e1 to V - jvt ded that "ete ew'rdmata, i�a cr aeaiFp s. Tt is dup aidtl fos 'er D1:td the ;Tranturo. their } . t JUL 26 Imu 1524T q:' e s 0 4+,Winn;. 0e0 on7 I 1 I NVkA7I C `- /f1�C'T QR-0 -C I❑ f�7C r ' P P. if l�l 1, ..i,i i, •, � ;f flrrrnl•'d ui': �,,qr,n•,it ,/• .� .,•f••� i,V • :���fs, �,r �4•.1'�IIIN is fi.l1 \ .I � • f� f',ht+lt�U( SjnR 1 , i aLl,• .. lu�l L.; '.1.,.L, r,).r-,Ird r,u,�'; [h.,:.�n tins !, tht und•••n,lnry(• : ,�,,�r o 1 TtA r1;t., .; Ipr1J., i P.nber4 L 3ohxalr End .lam i • I t_ nw kvirwO ' '.r 11,, nd., ut ::•r!! „1 •, ,.i•t li,. ?•,.r,�.�:a,! ,nnt.r,rnt•and n, ktrnrlM9Cf if.•7 �r ii,t:u-,! uud srrl!r•d (lit turns �.. '.-�p r,,., •.•{ .„{,lnrnry act and dctd.J,,. 1 tAI u.xl(InA p%rjn.fe0 th�r.,n r,.ntin•n {aqP" W-4- nyi lien,?qnd nr(rinl y,v:l tht Rn!f nr+fl VfOr lit i1t•,.:•r ,:•1,:h t �17 I Mf4�ory}lt,uc in.ad fm Ole SMt, Ph • 1 ' l , I , l ! 1 ' j Der I J U L 2 a 1SO T K lu 16 r- /L'In7'�u58tIXl. �.q�•.r-._....�.._.......,....._. J k, cow w t r u. I VV t it iu ;Vf and In hlnsldrtntiV,t of I�. � 'x1� :, fo„vfy at„1 quit clniu, to i the fallcmirkr d.cc,ribed real tAmo, in th. v 5 ' St,cc V) Washinyfnn,m,^,crh r ,vich .A c ':'IU• :a.,. :il ) :.Celt .I i.'..-C ,•u'. ..- ., 7 J y, i ,@.... I ..,lA It I:l• i r _„i 1 -. jll 1 - ''' . .. ` :.!�'�. . i Fa°:#4'a'•XitU(!f ' I : lll t f. f e', c hr• : ,,,, ;n,, .. -. ji lnu .tu�,:t •, ('tj oft lie •rt t ta,r•. '.plc .t.g!` li f .,•. t.hr, .. ,'.:,r.:_ - 1...tc.. �C ;C,7,..d'. .. r•:: ..�.. _ :�. ..._ .. :a:.'.. L;, 'r'i v..yt Y t, t. yMhs RI 1 R�. baled tl,19 �' — (i ci'.1 c! .19 i,',] rm__ p�err} F r 'r )4e I Sf•AIT iaN WASHINC ON, ++ County of r r r ikt thia'Jay petynally L"4 rjr"i bttwc R'f tili��C: I. a..'..-- G(;kl'Ci;, hill tai, , i <u nu lnnwu t0 tx lix Indiridsul dcsriixYi fo nnrf xh, .� ,ci nbn •,�? f�rftCl"1( iastrvmenr, and �+ 1 atkt:nvr1c+t){rv1 tlgt C:ro•; nillnai the same.ns e•+a.ulunury na nm1 JM.i,for the 1 i r uxn and purla.y lheteln mentlnt,cd. i W 1 ; _ Glv1,,N v,•.kr my h-3 nd of!,.11 Tcal thb i y-, ( I J�•- ' i+!M�' " 14 i fBtY LAfr ..r! J rAi SJctr or li rtrF,n.ton, of i y 1A 4 LLB' - t ��� ��A �nz RO:P t : qF-q 4�4iI�:' SHU STACS TypvtOED rot AECOODWS Utl' ' Chlca� Insurance Company �iN4wu�n t,a 11�� , qms TAX /1LID PtQkt RvCollo AY MOCIUtaT AR WHEN*ECOe DED se?v"Wto _- ]vtL'Ornt? ZPhber9 r _. rt -� 00 So. , H;n. 4 ,{I 19415 pacific liwY ............. . •. 818Ei -----••____•• Seattle r ................. w Quit Claim Deed - RCf3ERT L. SCHU and JTJNF. K• SCHU^`.:r husLand and wife i pTHE GRANTOR for and in eonsidelntion of One dollar ($1••00) znd other val.uaUt-e Con�idexatinn m i cCHleCi( r1t?i: •IV"lE K. SCuIJr^F. 'PF.[1tiTr.r'S Or TfiF � cA11vt�;zn(;(ltFit d;i n^to njJRRY- LL TRUST, AND 5UCCE5S0}:S 4tato of WnxhinBton, 1�SARY.AA "ing l the following dncrihcd real eetnte,aitnatef!i zantor 3) heroin: tol(etherwith all Aftcroct•,uirod thlo of ills 9 dnC� minerals, and the right ; An undivide;3 intercct in all. coal, oil, he found to exist within, lore for and mine samo, which Y 1 2 i a explore ,,, tltt., go.lth 250 feet, of the Fast one'hwes ( / }'roar in upon, or lino - the northwesterly S upon, that portion lying southeaste ly p State ItiyhwaY IVo. 2, of that portion of the $ouch^qst of pr-imarY z 4 oY SeC:i�n 34, one-quarter (1,,4) of the southeast one'ly3ngeE<st/of a line drawn Township 22 Nor xanGe S >;a°tt t Est Line of, said Sout:zeast plr.allel to and 30 feet E;tt-'t of he 1,- 1 of the Southeast one-qu3rtnr (1/4) • vne quarter (1/4 ) upon encuaber• 17 'tees power and authoritY arc hcr.�by conrencanci other- to Protect, conserver Seil, ltof wise to manage and ro dispose of the above desCrired vropertY. as ` A r,it 20 19,............. f? .... Uatc77d...... / _...__...... i / f*l �rF�_•(/_� f-- Y - IPreil nil .. - K A .. ae MJ14 Y _........ ....._.- ----- t5eerwary7 i RTATF Or 'NASISING TON a.. COLT rTX or_...•......_-•-dsr of...........�..,� s9............. 'rnTri OF tvAti j ' (•A On th;adPv Pc•r.n'a1C............._........1 ....._...,........-,.•,...._...........ate - On thin raOrU Y Rnrtd........................aR�- nnl1Y nit�ered nniorn mt i,n/orR nte.tbo underatRnttl,w Notary FvbUe in anJ for il+w State pl - ll apo "• i lif7ber L. SCt11lCk and �lqn,duly cow°a'or"`t and worn,Pa SunsK. Schitck _............_. ..._ - .._..... _......._...._•,.•.....__.... . .. ... to tnd ... - - t (' lA mr known to br the tnJtvrduai dnrenbMt .._................. , who ozeCtrted tl,c rilkin Rnd foroCemr, anJ... >•LAiS _ prlatdent R11d_........................gecreury. they.... y act AJawtns to ao• _........arRRAinR Inatmoroa dRad�•.•...•.••.•,•.•....•. and achnnwlnilt.'rl thnl,........... ,u/. �''io�1 �........................•..........._.... acN+tA IRriR r , unt&ry tlltli f. .,fr,r,r And vnbinfntY aet RAJ rinn,l, tr odt,• •' of awl corm• , no.. t M a� d ift M*nU*act se t tAaoa ihnrHh rttonl101Md. tt��►n n ne Mfn nunUOAaI.and ton aat1+autul lhat fnT the oxen nntl Oufl dtVaMlot Lha t��wrl pur l that It+A swat CCC444jjj n„r�e^a� ecerta the awid ln►kn+mcnt Rn l 17_' ^"�Ra;.1�iw, rort+Atadon. CIVSI` o n;.r mY hand and nrNctal Rent 'bla a +„ yY t wool b rtt.a4t: the A Y n y r fin ?O th Apr i 1 ..,t9-g�.. a �Worl 4 h1' t Rd ... •. .......•.... R a _ ...,,Fay _. . . �� � ..,... ._.........__.__......... ... ,.,. a�,. laq PubU�to And for t1+o state of WwaAlniton. G'eah' ............ . �'. �- Puhik to en d for thQ State o rpaidinR at ...•................_. �lntary sent . .............. 6-90. ,�i t iA^• ex arcs •• V Appoi.:terlent p :.Y, t At.,. TT-_4'QA }i; FQR Qf)7. a"TI.1I I?1V,ugIq -C iSl I�!ac DECI.LUTION 07 COVE[U4 Public Supply Xnov aU men by these preennts t4at I (we) the ustdersigned, owatr,L,,4-n fee slmplo of tha land dasorlbed herein, hereby daolare this covenant used piada same on record. I (:re), the ,grantors herein, is (axe) the awnnrs_in fat aimplo of (an interest in) the roLloving dascribed real entats situated in Kin__n,_�..,,. county, state or h1ashin�on, to wit! SLe Exitihit A attachMereto and 1rrcorpoeoted herein by reference; on w41oh the grnntor.L_owns and oporates a wall sad waterJorxs AupplylAl w+6ter for public use located on said real estate, to wits Sep Ahibit A attached hereto and incorporated herein by referenct; and aralrtora Sat are requixeu to cep tho wa'tur auppltad isrom oat.d well ryes lxrom impuriti,bs .vhiah might be lnj=iouo to tlis ps!hlio health. It is the,purpoea of theist granta a.-td covenants to prevent cortaih praeticos hers- Oinsftar enumerated ir. the uoe of said grnhtora lead whic." Might eoAtaminate said M water supply. o NOW, THEREFORE, the grantors agree and covenant that said grantors ,XYXx ,- J�Mr so (their) hoirs, succesrs and assIgnst wlII not construct, mslntaTn, o r suffer to be constructad� or malntained upon the safd 'an4 of the prsntorS and 0 within 100 (one hundred! fact of the well hercln described, ;ta long as t}ie saran Is operatad to (wrnish water for public consumption, %n), of thn following: T11a ust or application Af liquid or dry chtmlcals, herl'icldes or Insecticides on or around household fuunrtatlons or any eider strurtura: foundations. Fuel storage tanks, cesspools, sewers, prl•r;es, septic t'ankc, dralnflelds, manure pilos, garbage of any kind or description, loafing sheds, anlmai feeding stutlonx, barns, rhlcken houses, rabblt hutches, pigpens, or Other unclosures or structurac Fnr the kenepiny or malntenoncc of fowls or anima's. or storage of liquid or dry chemical,. her.'cides, or insecticides. These covenants AsuJ.I. run with the land and eha1.1 be birrling on.a.11 parties having or acquiring any right, title, or iAterast in the lead described harsl.A or any ;art thereat, arfd ahal: inlrs.to the beaafit of each owner thsreor. WTTI=S rY hand this �y deg of FNbrudrr L.__. (seal} Geer Armstrpn Orantorj_ Katherine A. A &gV7907 il03CE In FECC• F 6.C0 State of Wasb ngton ) CASN5L -w*«6.00 County o. King }as SS I, the undnrsxgnnd, a Notary Pu`>lio is and for the above ramed County o,rc' Ststa, do hereby oertily that on this 'L `� _day of Fp.bruaU persur�l f appeared before me _2Qfjyf, and 66Tj ZRWF ''ARM-]QQ r to inn known to 1.- t.iw iadividualt aoocribed iG errs web oxacut�,11 tilts Within M� indtr�ent, and ael=uledge that (ahoy) signed and soaled the same ae their frog and volumtaz7 act arA dead, for the uase sad purposes therein meptioned. GI1FB:7 tinder rq hand and official deal the day and year laot above written. (!votary C:1ic in uud for the :Mato of I.ashia¢ton, roaidiag at J My commission expires, � y r ILTYi, i ILLY.—FE'3: DopnrtM60, of Reco-'s and !lactionn $1.00 for 1st page (copy vi.l.l ba•st=pod fr9o; 13-04 311 County U.00 _ur anoll addi.tlornl page. 1 4 t!y.& James Soattlo, ilaokington 98104 �+a, a . M 1 7T-?,cnni> uc-o nnT —Wil 1 1 Ivf11'31c nT -OT OC_O _G ICl astTc EXHIBIT A TO DECLARATION OF COVENAN" The Legal description of the property owner; I?y GrarLorp is as follows: i The cast ha3•f EXCEPT chat portion lying southeasterly 1 of the northwesterly margin of Pri:jinry State Highway No. 2, of that portion of the southeast quarter of the ! southeast quarter of Section ?4, Township 22 North, Range 5 F.W.M., in K ne County, WQZI n(,-ton, lying east of a line drawn tt) anc; 30 feet east of the west line of said southeast quarter of the southeast quarter, £Y,CEPT roads and EXCEPT t;)e ;youth 250 feet thereof; The location of the well and watcrworke, supplying water for public use jocated on sai6 real eetate is f.ollOws: 1.92. •feet North of the ,outherly boundary of the a'vove-described real property (measured along the westerly boundary thereof? , and 100 feet due Eaut of the westerly bound,r;, of saici real Pro1)erty. C� O a a I r UPIP tI#`soot 629 90Z 96-9 pr 4 4 C7 a t i i HLED •for Record at, Request of 7-p- 01#!900f 629 90Z -33.11.E . NVM31S 01:ST 96-9 -S :fig VGS { ( [..J Cl) T x.-x ^v en a J,•I � •p S •'" ,r n cn WELL l5&t AGR?i,EP+RNT AND EASEr1 11 s -�1 CP This AGREEMENT made and entered into this day of February, 1969, by GFORGE C. ARMSTRONG and XATHERINr A. ARMSTRONG, husband and wife, hereinafter referred to as "ARMSTRONG". 89.•01,0; M0301 1 R 1"l=.1xVjA RECC F 8.O0 CASHSt- ***-*8.DO T.prAl neacrinr.ion: �`� e4 whereas ARMSTRONG hereby owns the following described real property, to wit: The east half EXCEPT that portion lying couthe""rly C of the northweeterlyy margin of Primary State Highway M No. 2, of that portion of. the --out:helst quarter of the 0 southeast quarter of Section 34, Township 22 Korth, Range 5 c.W.M., in King County, Washir.gtun, lying east of a line drawn parallel to and 30 feet east of the Wu3t line of Baia Southe3n t quarter of the noutheant cuart,-ire f•,XC2?T roam, and EXCEPT Lhe south 250 feet thereof; ALSO, Lots 1, 2, and 3 of King County r3hort Plat No. 1O8645, covering the following i propertyt the +gent 33C feet of the southwest quarter OE the southwest quarter of Section 35; Township 22 North, Range 5 E.W.I•t., in icing County, Washington, Lying northwesterly of Primary State Highwa•: No. 2, EXCEPT roads and EXCEPT mineral rights. Pornese of Agroa F� nt: t•n:creas the partics hereto desire to Cnter into an ncIrcoment to provide for the operation, ownership, and maintenance. of a Weil- acid watt.. ui8tribution �iystew in accordance with the laws of the State of Washington an4 the Rules and Regulations as establinbec: by tiie King County Board of Hea.lt.1, for and on behalf of the above legally described Property. NOW, THEREFORE, in connid,zration of Mutual Covenants hereinafter contained and Mutual Benefits derived in each of the parties hereto, it ?s aSr.ced ac follows: Qwner=hip of W4 1. It is njrec3 by the part;.ei hereto CAjat the owncrship of Lot-z i, 2, and 3 of King County Short. Plat NO. 1O86045, :3(--scribed above, shall each be granted an undivided one-ninth (1/9) interest in and to the use of the well and water system to be constructed, as described herein, and that tht_ ownership of- the remaining d-tncribed property shall hr., granted the remaining six-ninthn (G/9) interest in and to the use of nail well and water tyntca:--paid remaining intercat to be divided among lots derived fro„ Fvenr:ela subci:i::iu^ or G.1iu cem�iltiinq property. SLnn,z t r.uct iQil Cost:e/ Qnnf'ct. Ol nn.. •7 2. The ownern or the above-described property at their owr t expense will rru,ide a well and distribution rvstem, including, but not li!�iited to, well-site approval, well ccnsi:ruction, - 'tF y AD2:OR z c �V purl , lb eTlilcnni1 Rep Qn7 -71111 1?IVAlIq TT :QT QR-Q -e 1ST fVIC llliLlal, well-water quality :sects, design of the water System for approval by the health Officer, and construction and/or inAta.11atihn of the waterworks equipment., the pump house and water distribution pi.iies, to furnish a reasonable supply of water for domestic purposes to the. property lines of each leq ally created building .Lot within the above pccperty being Lerved. kt411 Site Lellation. 3. The well. site location shall be az follows: One hundred ninety-two (1.52) fens_ north of tht- southerly b-::nuary (measured along th? westerly bounctary thereof) and one hundred (100; feet due east of L-he weaL•erly boundary of the fallowing real property: The east half EXCEPT Lhat portion lying ::0ut11Laatur1Y of the northwesterly marSin of Primary State Highway No. 2, of that portion of the southeast quarter of the southeast quarter of Section 34, Township 27. North, Range 5 E.V.M., in King County, Washington, p lying oast: of a line drawn pars:lcl to and 30 feet east of the west line of raid southeast quarter of thq southeast quarter, EXCEPT roar]^ and rXCL•'PT the south 250 feet thereof. C � �_yp_y,Or CA1 Pc�i nn/,[�,�si�or.;,,,ibility• . � t 4. The ownerL of the above lots Ehall jointly elect a water purveyor to opera a and manage the water system. Should said owners fail to agree on the selection of a water purveyor, the owner who has held an ownership interest for the tnngeet period of time shall become the water purveyor. The purveyor Shall be responsible for arranging submission of all necessary water satnples as required in the Washington Administrative Coae and Rules and Regulations as established by the King County Board of Rzalth, and the handling of routine maintenance and emergencies such Zs system shutdown and repair. The purveyor shall provide hir,/her nnme, addresc-, and telephcnc ::umbor to the 2ealth Officer and shall serve as a contact person to the Health Officer, The purveyor ftk2%11 nrn r.ip•e r.,.ainta-,n t!,e wpter system reCOrd2 and notify the Health�bifice and all parties, service connections, and lots that s,re incli;drd in this Agreement of the results of the water quality teats that are required by WAC 246--34-165 and as required by the Health officer. Water system records shall be :i.lable for revlaw and inspection by all parties in this Agreement and the Health Officer. i t_L1E Lr L rj efts 11_1 e. t u. 5. There shall he an casement for the right to inntaal., iaintain, replace, and repair a wal:cr pipeline over, under, and across a 10-foot strip of ground, the centcr.l,;ne of which ir, described as follows. neginning at the well site d,ncribe{1 in paragraph 3, above, thence, northwesthrly to a 110irit on the center line of that certain casement for ingress, egress, s.nd �:tilities (includitty water line) as described .in an instrument dated October 20, 1998, and recorded under King County Recording Nu. ge 021C7G^; said poinL on said center line being that: point hic:i its 6115 feet measurotl saiu ccrntrr line from the true point of beginning of 4aid center line as described in the I above-described instrument recorded under 'sang County Recording No, 8810210765 . In addition, the easement describes: in said instrument recorded under King County Recoc,iing No. 8810210769 � includes the right to install, maintain, replace, and repair a (E t' G29 90 Z —31111. INVM313 99-9 -2 :,lg LABS water lima over, under, and aczous the real property daa3cribed therain. Maint ReD lr C_o c G, E&ch Seater User st,a11. pay a prorates share of the rperat•ion and maintenance costs of the water system when actually using water from Raid system for domestic Purposes. Maintenance of said water system shall include, but not bo li.^.aitod to the maintenance of all pipelines in the water systeni no that there wi).] be no leakage, spepage, or other ,lefect: whi-ch may cause contamination of the water, or injury or damage to persors or propF.ty. Pipe material uued in repairs shall meet the approval of the tEealth Ufficcr. tack in-1ividual Water Ja,er a3hall be ze>ajrensible for the maintenance, repair, and/oa. cujt la cement of pipe supplying water from the common water distribution piping to their own particular dwelling and property. Non-Cnnforminq Partien. 7. Management authority ahall be Duch as is necessary or desirable to provide at: adequate cleperuiable water -upply at rea=nonablp. casts, including without reservation the right to make rea3onable regulation for the operation of the system. 11 any ?arty to thin Agrpe cent or their heirs, a1cce=—o c, or asc;innv fails to comply with the terms of this As~eement, including 07 nonpayment of water bills within 45 days of the clue date, the remaining parties and/or the management authority for the water eyStem may cause corrective actioct to be taken, Corrective action may include a lien against the lot in which the non-complying party has an ownership interest, termination of water fervice, and aocncsment of charges for attorney fees, rdieConnection, and reconnection, etc. Prot i ite Pract7CSY���S,JY.:���1.9��,ns. R. The parties herein, thrrir heirs, successnr,, and or ansi-gr!q, will not construct, maintain, or suffer to be constructcsi or maintained upon the said land and within 100 feet of the well herein dc?&cr.ibed, so long as tht same is operated to furnish water for public Consumption, tiny of the following- fuel storage tanks;, cesspools, sewtrc, j riviec, --crti.c tanks, d:�irficld�, manure piles, residential foundations, garbage of any kind or description, barns, loafing, sheds, chicken houses, rabbit hutches, c:og kennel , pigpens, or other enclosures or structures for the keeping or maintaining or towls, or animals, or storage of liquid or dry chemicals, herbini.de£ or inSecti.Cide.S. The pariies will not cross-connect any portion or seelnaent of the water ;system with any other water sourco without prior written apProval of: the Seattle-King County Department of Public Health and/or other appropriate governmental agencies. It is further agreed by the partie, iaerein, that water from the well and water system herein, described shall not be supplied to any other perssonln property or dwellings without prior written consent and/or 0[-.?reval as may he required from the affected parties herein and without written approval from the Seattle-King County Department of Public health, Also, it is Agreed that water pipolinoG shall not ns inntalice within 10 feet of a septic tank or within 10 feet of sewage ,disposal draini:ield lines;. f i l 3 ` 1 I, i j� 628 90Z 96-9 -2 9r—Fire-aurue}�.ac...zha�I•-ciain+a-ire b n}}ii.i���uu �:rrc ch3trir:r: residual. of-i�:�2-rilmr xr, all parts; of t}1e sc.st(-m. &A. Water servir b, Rezitrictions,L 10. The wall and water =,y_t.er,i is to raniain in continuous s(:rviee, in accordance with F)ub) is water rec,ui r.c-11ents of th^ State of Washington and I(.iurj County. St jhall be the reSporiSibility of: the purveyor to scheuul.. maintenance of the pump and water. syr-tem 11141 to notify "1,211 ll ,ystenI z to be shut down.. The :yr,tnm `.c not t:o remain shut down for more than 24 hours. The water sy^ter Canurit be tetminated unless ar. v4 alternative .^.ounce of vlater, appruveu :�y ri e Seattle-ni.nr, County C� tjcpartnent of public health, i;q ?vai_;ol?. in rile ('7!t the ='3 contact per:on de.ignatcd hercir, it cbar•.)cu, ti•,e owner:: of c11e i-,ove lots stial.l. jointly sclt�ct a person for ',:hi:: and notify the ^cattlE-}:incl County l,._:,l.r_i) De arta112±lt o' the new person's n•;ime and :iddresf. In t!:c event the gjarit ity Of tits' d water froia thc.• wc],). becomcc un:,atirjiactary arl 0,�', rri inc:o by t_h<< He:c?th Officer, th, pnrt•in.c r.hall 6c•velop a new ?30orec• of Cr, Pricr to developincnt of or conn:--ction to a new source of water, the parties shall obtain wti.t,^n ap,roval from the Health Officer. Each unuividcn ircter^_:t anci/or party small share equally in the cost of czeveloping the new <:ounce of water and installing the necessary fquipnicnt: asroclateci witio the new Bounce. These Covenants anci A,�reenoents shall run with the land a.c sliall. be hJ.nding on all parties: having or acquirinn any right, title, or interest in tl;i:: lanri ciereribrd herein or any part thereof, and it shall ,sac<s to and bo for the benefit of each owner ther-Fof. AATEA this; day of Gaorae C. Armstrong Y..citherine A. Arrar,tr'.nic, STATE. OF '.°ASHINGTON ) Cnurty of King On this day prrrsunal,ly appeared GEOF.GC C. ARMSTRONG and KATEFRINE A. ARMSTRONG to me known as the individuals tioncri-I-ed in and who executed the within and `nregring instrument anQ acknnwle3�ted to me that they signed the same as their tree and volkjntary act and deed for the purpo:••es therein mentioned. Given under my hand and cbffi.ci.;:l seal this I " day of Ncsta Puta,tic in anci for C1�e StAtr of waSt,_igton, residing at /S„h-• . �'• My eomminsion expizer, w. 4 f' 1 r�. 81#1500t 9S8 9K 96-9 -S :A0 . N33 d - C d d riLEU for Record at Request u i Gi#`S00V GS8 90Z -31111 INVM313 Gt:Si 9G-9 -2 :A9 INIS nNn WF,T,L :3 This AGREEMENT made and entered into this day of rJnrcl,, J.qSq, by CEORCr C. ARMS,-zoiqC. and KM'HERINE A. AIIA:TRONG, hLj3ban,'9 and wife, 1,1roinafter referred 1.0 &1 "P_MSTRONG". Whereas PPMSTRONG hereby Owns the following described real property, to wit: , The east half EXCETT that portion lying sot theassterly' of the nc%rtjjwE-sterly margin of Primary Stnt'e Hi5h-W.5v No. 2, of that for{ ion of t:jt 8�uticast quI--er of ihe nout:ieast quarter of Section 34, Township 22 North, RanqA 5 F.W.M., in King County, Washington,'lYinel east of a line drawrl Parallel tc wad 30 f1_1_- cast of the we-St line Q.,,* said southeast quarter of the noutheast. quarter, FXCFPT roads and EXCEPT the south t}tArpoft ALSO. Lots 1 . 2. and a of Kind County Shnrt Plat NO. 108645, Covering the f,,Jiowir4 property; the west 330 feet of the southwest quarte'e of the southwest qvattvr Of Section 35- Township 72 North, Range 5 E.W.M., in King County, Washington, z. lyiz; northwesterly Gf PriTMO:Y State F--*,.;hway No. EXCEPT-roads and EXCEPT mineral rights. Pu==t-9 Whereas the parties hereto desire to enter into an agreement to provide for t'-,e operation, ownership, and maintenance of a well and water distribution system in accordance with the laws of the state of waabin,3ton and the Rules and Regulations as established by the King County Board Of Health, for and on behalf of the above legally deHnrtbed property. NOW, THEREFORE, in consideration of Mutual Covenants brurpinafter container' and Mutual Benefits derived in each of the parties hereto, j.t in agreed as followZ: 1. It J6 agroo.,1 by the parties hereto that the ownership of Lots 1, 2, and 3 of King County short Plat No. JOB6045, described ah�ve, shall. each be granted an tnaj.vided one-ninth (1/9) interest in and to the use of the well and water system to be I conjttut.ted, ae described herein, and that the ownership of the remaining denl:ribed property sha).j be aranted the -emaining six-ri,tnthr, 16/9) interest in and to the urne of said well and ,;.,2tcr. remaininS ;-+­­1 bedividdividedarvcnq .tote derived from eventual subdivision of saki remaining property. 2. The owners of the above-described property at their own cxpensc, ,rjjl provide a well and distribution system, incluSing, but not limiter; to, W011-8ite aPPrO­A1, well construction, for Remd L.L n7­r-nn;- cr-o nn- _-1-1 I I I Ivy AA,3 I C OT -OT r)r-n -c ICY [�-Jc initial well-wager quality tests, design of the water system for approv:jl by the Tiealti, officer, and consCruction anoouye and insta?lration of the waterwOLkv egLipm nt, P P water distrib uL-ion pipes• to furnish a reaaonable suppJ.} of water for domestic purposes to the property _i.nes of; each legally created btii,l.dinj J.ot within the above Pa:opeL'Ly be4n9 served. y,�j SiL-e LO�•ation. 3. The well Llte location shall be an follows: one hundred ninety-two (192) feet port.}, of the southerly boundary (measur,ad along the westerly boundary thereof) aril one hundred (3.00) feet due east of the westerly boundaz}' of the following r^al property: The east half RXCEPT that porti.on(m i,-,g tatth asterly of tbcr northwesterJ.y margin of. 3• y No. 2, of t2aaL portion of the scuthear-,t cuarter of the southeast quarter of Sect.ion 34, Township 22 North, Range 5 c:.W.M., in King County, Washington, .i..T if.� Ens".. O` i+ I�%e i.4.". r.z:Llic! tc .:.n :v feet :'S east of. the west line Of laic] coutheas[ quarter of the southea€rt V alter, EXCEPT roads and EXCEPT the ncuth 250 feet thereof. Mpurvevax SPt a't��.i szn/R�,oS2n3tiz�.itY. j 4. The owners of the above lots shall jointly select a water all purveyor to operate and manage one water sy;telt:. Snoald said owners fail to agree on the selection of: a water purveyor, the owner who has held an ownership i:ttecest for the longest period of time shall become the water purveyor. 'rho: purveyor shall be responsible for arranging submission of all necessary water samples as required in the Washington Administrative Code and Ruleu and Regulations as catahlished by the King County Board of Health, and the handling of routine rnAintenanee ano emergencies i cucn as system shutdown and repair. The purveyor chail provide his/her name, address, and telephone number to the wealth Officer and shall serve as a contact person, to the Health Officer. The purveyoL chall cryani;ze and maintain the w.1ter system __cords and notify the Health Off ire and , - parties, service connections, and lots that are included in this Arrtement of the recruits of the water quality tent:5 tbmt are required by WAC 248--54-165 and tau recjuir�-.d by the );i�-alth oftl'cer. water system recorde ahnil be av!ti.lAble ' lr review and .inspection by all partier3 in this Aareement and the Itetalth Officer- S. There ahnll be an easement for the right to invtoll, n,afntairl, repldoe, and repair a water pipelinc over, under, and across .a 10-foot strip of viround, tee centerline of which is described as follows: Becinitinq at the Well Bite described in paragraph 2, t'>>Q'7Cr r-►+enCf', ns.rrhen!!•+ rly tee n nOint nn t:tP center line of that certain casement for ingress, egress, and utilities, (inc.iudinn °,rate line) au der.cribe6 in an instrument dated 'October 20, 19aP, and recorded urnde= Iiri5 CLunty Recording Atp. 8810210769; sa:' point on said center line being that point LrY,j..:h is 61s feet neasurod along eaid center line from the true of j -f f�zid cf-^ter linc ac dczcribed in the anove•-describeW instrument recorded under Ki.nq County Record±^; No. 8810210769. In addition, tie sosement described in lair; instrument recorded under King county Recording} No. 0810210769 includos the right to install, maintain, replace, and repair a 2 E4*`.500 t 929 90c —111 11. .L2IV:AOIS wager line over, under, and acrocs the• _.(133. pr.operf-y described therein. .There shall also be .an easement for the purposes Of maanta-ring and/car repairi nq the wr)3. ;iicl al-purtancL:n thereto, within a 30-foot radian of the well Site. Sal ^e- "s.t "iall. allow for the installation of a well hot',re, pumps, storage tanks, and anything necessary for t-11e operation of An easement for electrical trainsmission and/or dietributiln lines for sale wel_ -hall he provid7tl ;11'. i.n nets-^try for the operation of said system. 6. Each water User shall pay a pror.t?d share of the operation and s., intenonce costs of the %-F-ter System when actuo'111, tic i no water from said s9vstc.ra for d.omec-tic ;urpoves, uaintenanco of said water system shall .include, but not be limited to the maintenanco of all pipelines in the watts s7st-O'm so that tha:re will be no ?rnka:,e, seeVayp, or other defects which may cause contamination of the wAtOr, or iniury or damage to persons or property. pipe material axed in repairs shall meet : he z;rproval of the Health Officer, Each individual Water User shall be CAI respun8 ible for the maintenance, repi.ir, and/or rep3.4cement of pipe supplying water from the common water listributian piping to btheir own particular dwellinn and property. � I�4,i1'�t2 f�riS r'SLties. 7. Management authority shall be such as it necessary or desirable to provide an adequo: a dependable water supply at able eostn, including without reservation the riSht to make reasonable regulation for the operation of the system. If any party to this Agreement or their heirs, successors, or assigns fails to comply Witt, toe terms of thin Agreement, including nonpayment of water bills within 45 day- of the due date, the r : Gi>^.in^ ri _ zrc%:• tp:e management authority for the wate. system may icause�corrective action to be taken. Corrective action may incluiSc a lien against they lot in which the non-complying party has an ownership interest, termination of water tetvice, and 3toesnment of charges for attorney fees, disconnection, and reconnection, etc. saians.- f3. The partirL; n.er^in, their heirs, successors, a:,d/or assigns, will not construct, maintain, ::r su`.lfez to :e ccnstruc,ed or � maintained upon the laid stand and within 100 feet of the well herFln described, so long as the same is operated to furnish Water Lot PLIblic consumption, any of the following: fuel. storage tanks, cetspools, severs, privies, se;-sic tanks, cirainfielcrt, manure piles, .residential foundations, garhage of any kind or description, barns, loafing sheds, chicken h3uv3•�-9, rabbit hutches, dog kennel.,, piapenn, or other .,nclos•urec of nrructurcl for the kcvpinc. nr Eintaining of fowls, or zninal::, or storaaE- of liquid or airy chemicals, hitbicidos or innectic'_den. The parties will not cr.oro-connect any portinr, of rzf,amont of the water system w::ch any other water source without prior written approval of the Seattle-Fing County D-2partment cf 12uvlic Pnalth and/or other anpropriate governnental agencies. 7t is Cur.ther agreed 'by she pArties herein, t;hst water frog the well and water sye.�m herein, described shall no" be supplied to my otlnar ljersoalri property or dwellings without prior written ^.orsent and/or approval as may be :squired from the affected porties herein anti without written zaproval from the Seattle--Klnq County 3 a ZZ#'500� 6S,8 w -11L I I ,LNVAG,LS i : T q6-9 - Deper.t.ment r,�f eublic I?ealth. A110i it is agreed that water pipelin•ac, shal..l not be installed within 1.0 feet aL a septic tank or within lb feet of nevfuye cli posal drainf.ield l.j.nPs. 4aa t e r_5ex.}�,�,C.f�•.�r%t r is tio�.,. 9. The well and watet system is to rpm&in in continuous rierv.i.ce, in ar_cordanc� wits, puulic .:scar ,;Lpaly reguirPmtnr.s of the state of Washington and sling County. it shall he the responsibility of the purveyor to ,.chedule mai.ntenanck� of tt;e pturp and water system :. and to notify consumers when the s;ysi-R�tn Q to be shut dow: The system, ir not to remain shut down +-or more than 24 hours. The water sv r st:rm cannot be ter.ran;+ited unless an :,ltcrn,)tj.vesoourc`roF water, approved by the Seattle.-King County �enaro-.ifo Sealth, is avaiilable. In the event the contact person designate%3 herein is changed, thr_ owner:, of the above .Lots shall jointly sel.ec� a person fcr thi; responsibility, and notify the Seattle-King County I:er�lth ::_P:a,-^c— r th3 ;•. rcrc7n��t name and address. In the event the ivantity of the water from the well become: unsatisfactory ate determined by the Health Officer, the parties shall develop a new source of water. Prior t() development of or connection to a new source of water, tihe parties shall obtain written approval from the health Jf.ficer. Each undivided interest anti/or party shall share ec;valiy in the cost of dr_veloping the new source of water and installing the necessary equipment associated with the new source. NThese Covenants ano AgreenentS shall run with ehe lane r,nd M shall be binding on all parties having or acquiring any right, 0 title, or interest in this land described herein or any part M thereof, and it shall pass to and be for the benefit of each Q owner thereof. Thi Well t15e. AtIrq.nenent and Fasnrent Eupersedes and r9^1aCC� that Well Use Agreement and EaEc-rent of the parties hereto dated February 7, 1989 ,And record•_d under King County Recording No. 8903070301. DATED this ('Y ih . day of __1�Y:LJ��-�--- �r 1989.GeorgEi�( , Arm�stror,g • 1,atherinc A. AzP1r.tr0n,0 r , Si'ATP OF WASOIaGT'ON ? Cou:lty of King 1 On this d.,y pccsorially appeared GORGE C. ARMSTP.ON3 and A.'IIERINE A. ARMS'rRoNc to Te known an the individuals described >.n ,rd whoF;ec:utee" the within. and ferr;oi.s i:7�3t:,-,:%cnt and acknC!e(2gCd to nie that they signed the name an their free and voluntary act and deed £^.r the purposes th,'rein mentioned. l! e,i.von unCer rly hand and official seal `his = day e)f •. � , 1959. r Natar`y Pudic in and for ti:e. State of Washington, residinq at My commission expires i A AECE►vto i ills pAY '1 ' 3 SHORE" PLAT NO. 45 �r(.�1� Y l!♦t, 'r'' KING COUNTY, WASHIN 'CAN r3 31 I If 89 RY f•kl{:, Di'�'i;''10144 of MAY 4 196', RECI KINt C �.Lf I I(1r�$I gi,rrett)r ( U�I; I•Y APP11OVALS DEPARTMENT OF ASSESSMENTS PARKS, Pi_ANNING & RESOURCES day of DEPARTMENT Examined and approved this ,p Examined and approved this day of Age Assessor "ndpme Division � Assessor f~xemined and approv day of Deputy 19 Account N►}mbar y 5 � 22 a . SW114 of sW 1/4. S. 35 T. LIDngineer 1L DESCRIPTION of the Southwest i of That portion of the WeSt of the eWest ehi 22 North , Range 5 East the Southwest I of Mection 35 , W .M . hying Northwesterly of Primary State Ifighway No . 2 as described under recording No . 49656e7o1' Washington . Situate in the County of King, 'Together with and subject to an easement for j-ngress , egress and utilities as- recorded under King County recording No , 8810210769. Subject to relinquishment of access to P . S .3{ . No .2 as re4o>^dad under King County recording No . /i,898725 •and 4965627 . ;object to reservations for m9745►�8,ineral r557g�o�hts eandc�3o7060533r King (county recording Subject to declaration of conditions, covenants and restr.ietions as recorded under King County Recording No. 8810210771 . RECD F . 00 CNSMSL ++-***.UU ' $5 r Page 1 o! > SrACE R!_SEFIVED FUR RECORDER'S USE QNI.Y CFI"I;�RCFEF 1 . T11 0 0 t;llF1' r�'!II 0 rl`•p18 i11� IIh1U� f41!l�} �~II11 ' yin A 304 . 17 IOTESt to builds improve, WARNING t King County has Ito responsibility ,aintain or otherwise serve the pry-s4e reddincthisi short iPlat,or )roviding service to the property des, act "X" and the offsite road eseement thavingalegeailnaccess repaired therefrom Tr the owners of the paroell end/or rebuilt by less and until such roads are and their heirs, assigns or successbrs0"dedicated. .to Kin County standards and '' and accepted by King improved g 3. county for maintenance. n w � 3 "No building permit will be B.S.B.L.= issued until a well and distribution ,� � coos_ . building system has been installed and setback line . i gpproved by the Health Department �.���� y,w+f♦, V1v C.bp to serve all lots within this 1.3.1E-\•�to '1��"w, �►� short plat . " C.'s � 4 . Direct vehicular access to S.P • 1d �\ 1,a . d6 ho' MVLr.vg_ cLRoWtM •$ In 2 ) from lot 1 ig �\ prtbrac�NoN .F 1,rohiUited . Q 't�f\.b�MR•N�'�N.4.P.�� f I Oat wo^ta5 "The storm drainage system shall U be constructed according to the o G et�\ ct, . s.-t' a� "' �► lane which are on file o f� �'� 4; `��;Ztb o 0 A approved p { :in the Department of Public Works � � � e+�`' V' '�'� '$ e Central Records , (DWG No .!"•_�?��_--� , p Any deviation from the approved plans will require written , approval from the proper agencyl currently King County Building aiid Land Development Division. p rbv(hloul c.v...ue-arc.- \ � 6 . All driveway crossings of the � \\ o drainage course in the N .G .P .E. on lets 1 ,2 or 3 will require a Minimum ` �,cT`���. � �,, • ���� 12 " concretes or cmp culvert at a plinuinumslope of 1 .4%. The culvert(s moo' d�ti4Ma�� o N 4 8 and driveways) shall be in pl ace , �oK �v�s,R�.#S�tdxM.vloO � s �o prior to an construction activity d �����`� '� t � on the portion of the lot(s) lying northeasterly of the N .G .P .E. . { 7 , Note that pressure distribution or mound � C septic systems may be required for Lots 1-3. winter perc tests may also be required �+ a� • ti.�C/x b Contact the K.C. Health Dept. for further information. l0 9N 's• "i t,eo' a46ILM1.LWT *-OIL �►a�aksa• r � 1e.t1.V<l,.�ab � V�1��'CtE.'!•�wKcvaTx1j�'��,,,. tea. ®0�o'L�4��� - r ,_. / J / CAter 4�w.«.t� MAN f M on in vault .arid Sul v0!)0r's Cart tf t •44, c.0W- .� 's tLt•. ' 4 ,Ills short plat correctly represents a rurvey wde by me or under my dire,-tion Direction: --- n conformance with the re(luirAwrts of appropriate state ar)d county statute and )xdinanpe. scale: \" a �a4 r,�_ tap %Sb 'Lao fc y k+ C .ert.ificats ' Page of ;hart plat No. BUILDING SETBACKS & NATIVE GROWTH PROTECTION EASEMENTS Structures , fill & obstructions (including but not limited to decks , patios, outbuildings , or overhangs beyond 18 inches) are prohibited beyond the buildin setback line, and within 25 year flood plains ( if aPPITcable I an� within the Native Growth Protection EasementsW as shown . Dedication of a Native Growth Protection Easement (MOPE) conveys to the public a beneficial interest in the land within the easement. This interest includes the preser- vation of native vegetation for all purposes' that benefit the public health, safety and welfare , including control of surface water and erosion, maintenance of slope stability , visual and aural buffering, and protection of plant and animal habitat . The NGPF imposes upon all present and future owners and occupiers of land subject to. the easement the obligation, enforceable on behalf of thepublic by King County , to leaVe undisturbed all trees and other vegetation within the easement. The vegetation within the easement may not be out , pruned, covered by fill, removed or damaged without express permission from King County, which permission must bra obtained in writing from the King County. Building and 'Land Development Division or its successor agency. ► Before beginning and during -the course of any grading, build- ing construction, or other development activity on a lot sublect to the NGPE, the common boundary between the ease- ment and the area of development activity must be fenced or otherwise marked to the satisfaction of Kl.ng County. COVENANTS , CONOI.TIONS , AND RESTRICTIONS RUNNING WITA THE LAND: 41 Tract (s) , deoignated upon the plat as a private road and thorough are, s escr bed in the King County Comprehensive Plan as a " local access street or road" and in accordance with the stan- dards therein , may be required ,for ,future County street, road, or thor- oughfare . 1 . . The owner , his grantees and assigns, hereby agree to dedicate Tract (s) If X 0to King County 'for right-of-way an street purposes , at such time as ciaid Tract (s) X" is/are needed for those purposes . A Dee conveying `Tract (s) �' X to King County shall be executed by the owner , his grantees and assigns , and shall be deli- vered to King County upon demand . 2 . The owner, his grantees and assigns , hereby agree (s) � to participate in , and/or not oppose or protest, the formation of a County Road Improvement District (CHIV) pursuant to RCW 36 . 88 or any Road Improvement project sanctioned by Ding County which is designed to improve Tract (s) and the immediate street sys- tem of wh ci h it is a part. ,riininj of the formation of said CRIU or other road improvement e pro'Sct shall be determined by Kind County . The street improvement authorized by the CItID or other road improvement project shall tali. for the improvement of Tract (s)(s) x and its immediate street system to at least the min�mulii King County road standards ap- plicable to the CRID or other road project is formed; provided that , in situations where there is a multiple ownership of properties par- ticipating in the formation of the CRID, or other road improvement project , if a majority of the property owners want a higher standard , i . e . , curbs , clutters , underground drainage , etc . , that standard shall prevail , Short Plat No. \0Z 04r5 Par! of S F-209-4a 12/83 Description of offsite easement for King County Short Plat No . 10860451 utilities The easement shall be for ingress-egress o��ction 34 T . 22 N . , uccesors, of any he any benefit of owners , their hairs, assigns property within the S.E.* of the S. E.1 of Se Count Washington and for the benefit of R . 5 E. W.M. in King y+ of anproperownerst within assigns or guccesors, Y the W. 1/2tof iw.1/2 of that portionr heirs , of the S.W .* of the S .W° of Section 35 T . 22 N . , R. 5 E. W.M. in King County, Washington lying Northwesterly of P . S . No . 2 ( Hw'Y. Description: of Section 34 T . 22 N • + That portion of the S.E.} of the S.E.* R. 5 E► W.M. in King foinnv' lWashing-ton donceachdeidefoflthe� es A 60 ft . wide strip o following described centerline: Be inning at the Southeast corner of said Section 341 thence to the true N .99 1$ 00 W. slang the South line thereof 541 •48 ft . thence point of beginning of the herein described centerlines the radius of 2995.00 ft . , along a curve to the right having o a + 0 "E. 2995 ►00 ft - from the radial center of which bears 5 .61 39 9 last mentioned point , said curve being rtheBNorthwesteolyt • ( as measured radially ) Northwesterly of � 'through a centre]. rightofway line of P .S.H. No .2 (Rw'Y• 18) g thence angl8 of 7008 ' 54" , an arc distance of 373 .6b ft. ; N . 1 12112"E. parallel to the East line of the S,E.a of the S,E.J of said Section 34 234.73 ft . to the point of curvature of a curve to the right having a dadius of 120 .00 ft . , the radial center of which bears 5.88 4? 48 E. 120 .00 ft , from the last mentioned points thence aongsaid of 1curve througheacentral angle of 50°14' 50" nce , an are distance curve N . 1 27 02 E. 1?8 .26 ft . to the point of curtheure of radialacenter to the right havin a radius of 180 .46 ft . , of which bears S .39°3z ' 58"E• 180 .46 ft . from the las emoft� oned point ; thence along said curve through a central agle reverse 39 45 10 an are distance of 125 .21 ft . to a point curvature ; thence along cacurvea�glehof190�00a00ng aanraare distance of 55 .00 ft , through a of the of 86 .39 ft • to a point on the East line of the S.E. S .E. a of said Section 34; thence N . 1°12' 12„E. alongft�1fromne 276 .2? ft . to a point which is S. �.°12 ' 12 'W • the Northeast corner of the S .E.j of the centerline . Except Section 34 and the terminus of the herein described Except any portion thereof lying Within Sithin .E. 288on 35 Tt22and R °5 E•W•M except any portion thereof lying TQc;ETNER WITH; The area enclosed by a dircle having a radius of 40 ft . , the center of which is the terminus othe e described main traat the abobv described nng. Except any portion within TOGETHER WITH; That portion of th28SSd►St . and aeNorthwesterlYdotea lane3concentric Northerly of S .E. to "and 60 ft, Northwesterly of the Northwesterly line of P .S .11 , No . (Hw'y. 18) and Southeasterly of a curve having a 2ad�Hs of 25ft • , and said arc being tangent tothe North pline of S on said concentric line . t running Northeasterly a tangent Short Plat No. \o%to0r Pape of .5f F-209-A UE01CA ? ION tprtKNOW ALL PEOPLE By THESE PRESENTS that we, the undersigned owners of interest in the land hereby short subdivided, hereby declare this short plat to be the graphic rthe , n:b• tion of the short subdivision made hereby, and do hereby dedicatee to the ushepublic, forever All streets and Avenue e the use the , not shown as private hereon and thereof for all public purposes not inconsistent with the use thereof for publlc 'highway purposes , and also the right to make all necessary slopes for cuts tstand fills upon the lots shown r4dedicat� thereon in the original reasonable grading of said st Plat for all to the use of the public all the easa�r►ents and tracts shown or► this short c en space, public purposes as indicated thereon, including but not limited to parks;ndPntified on this utilities and drainage unless such easements or tracts are specifically short plat as being dedicated or conveyed to a person ar entity other than the public• Further, the undersigned owners of the land hereby short subdivided waive for themselves , their heirs and assigns and any person or entity deriving title from the undersigned, any and all claims for damages against King County, its successors and assigns which may be occasioned by the establishment, construction, or maintenance of roads and/or drainage systems within this short subdivision other than claims resulting from inadequate mainte- nance by King County, Further, the undersigned owners of the land hereby short subdivided 42r2e for themselves , their heirs and assigns to indemnify and hold King County, its successors and assigns , harmless from any damage, including any costs of defense, claimed by persons within or %fj,& cuat this short subdivision to have been caused by alterations of the ground surface, •Z!;etation, drainage, or surface or sub-surface water flows within this short subdivision or by establishment, construction or maintenance of the roads within this short subdivi- sion. Provided, this waiver and indemnification shall not be construed as releasing King County, its successors or assigns, from liability for damages, including the cost of defense, resulting in whole or in part from the negligence of King County, its successors , or assigns. This subdivision, dedication, waiver of claims and a reement to hold harmless is made with the free ton=ant anal in accordance with the desires of said owners. IN WITNESS 'WHEREOF we set. ouir hands and seals. asae / ame ii:24�lu la!lame Hams , amen ;TaTI Of NIiSHI24=N ) � ss . 'aunty of On this day personally appeared before � / Yl 5 i e �Utl o ©e known to a in ivy, ua .r escri in an r o execute tie r�tyin nd foregoing instrument, and acknowledged that r 4.e. ,, signed "0 •=e as free and voluntary .act a.nd deed , 'tor uses snd purposes .herein mentioned. GIVEN under soy hand and official seal this day of , 9 ` . ,�• �` otary Pub is n an r • State of Washington # residing , r C) wQwnzF ZU-st!;=.. Ua QQ= O'Nd t4 ,, — yO Coco S 7 S�a�Ow-�O�LN S T NtNac I s �TT—TTIII �T`TTTI j TTI�i li I --T� I I-- CDTQ C) w0ry CD J N�Uo Q V CD IS 4) + EW ao o-It o oa < a cr, v Woa Q1=1 ca LU cvd �TvQ-j _o=LO j U - U) c nw' ) O '0 5V Woxa CD c w c u ¢ ccvsi a��2 ow w rL W >o=ow0 6zLL = KSIJ z rnis Q C Zuz waI LL W=G a o I-�O L 'm e +T zO �-ons a OzZxw N I - Z �.0 m JU z CL _ cc,� 0 c4pa woza dOo� n W z ft ¢oW77w�OZ¢Z~ OWw �N— , 0 p0>O�Z sw a C-D o 20 z + c z cn(n y WWj C, sWoz wa S- Y wiio CD oELO ooCO o coNh OC 00 OD LO 70ZIMnQW ZZ QQz oOvO0C o- LU `° N rr M I • UNY �Q Ob d d> N 1_ 1 cee' e o sell at: Additional Instructions: Buyer(s) and Selle#(s) advise escro� agent that all the terms and ; conditions ; df their iurchase And sale agreement and anyladdendums have been met Ond satisfied and! instruct escrow agent to close, record and d+sburse funds upon receipt �f buyers funds into escrow, and the simultanious closing of the Armstrong and Kirby property, as stated in the purchase and sale agreement. Fity of Rent advises escrow that Acdountable Escrow is not to order+ hazard insurance on the property because the City will dbtain and pay for its, own insurance on th6 subject �roperty outside of the closing of this transaction. ! he City of Kent, as a Municipal Corporation, does not pay prl�perty taxes. King County oes not accept any partial payment of property taxes by thelseller from the 1/l/96 to he date of the recordation of the 4eed. King County will therefore require the; entire nd half paid in full at closing and will refund directly to �he sellers the overpayment f the 2nd half taxes from the dateof recordation of the dee through 12/31/96. The eller can follow for this refund directly if they wish by ca�ling ' King County Abstact apt. at (266) 296-5141, Bryon, and referring to the tax parcel number 3422g5L9106-03. III �--,---•-,�._--�-.._.--------✓". ' j BUYERS AND SELLERS ADVISE ESCROW AGENT THAT THE SEPTIC PUMP OUT HAGS BEEN COMPLETED TO BUYERS SATISFACTION. "RS AND SELLERS ADVISE ESCROW AGE�T THAT THE WELL WATER HAS BEEN, TESTED AND MEETS WITH lyERS APPROVAL. BUYERS AND SELLERS ADVISE ESCROW AGENT THAT THE CONTINGENCY! "upoh settlement; of any lawsuits affecting the property inchding the lawsuit betweenjGabri�l and Kathryn Cordi, PlIaintiffs under King Co. Superior C�Ourt Case # 95-2-04168 and George C and Katherine A. Armstrong, Defendants" HAVE BEEN REMOVED AND CLEARED. t i I BY SIGNING THIS DOCUMENT, EACH PARTY ACKNOWLEDGES: The closing agent has not offeredlany legal advice or referred me to a;ny named a torney, but has clearly requested hat I seek independent 1 gal c6unsel if I ;have any d ubt concerning the transaction or these instructions. I have had adequate time and oppo)rtunity to read and understand these instructions and a 1 other documents referred to in these instructions. I City =ent,,, Mun' i atioo George/C. Armstrong B Katherine A. Arm1rong D TE: .-- ,� DATE: dF S PPLEMENT TO ESCROW INSTRUCTIONS LOO/Escrow Form 2E (10/89) 81989 F.B. Phillips i i i 0 16-1996 07:35AM i I rl ACCOVNTABLE ESCROW, C. 10461W• James, Suite 102 ; Kent, WA 98032 scroa File No. 96,144 ale Nimet City of Kent / ARNSTRONm S plement To CI.0SIN6 AGREEMENT ESCROW INSTRUCTIONS For Purch se and Sale Transaction Including instructions to Record Documents and Disburse Fynds This is a part of the Closing Agz{eemant and Escrow Th Instructtions +signed by the : parties ndTh the Closing Agent's escrow fine number set forth abo e. Except as epcpressly aodified, changed or amended by thief supplement, all terms an condjitions of the - Closing greement and Escrow Instructions, And any previous supplements, ad}3itions or amendments thereto, shall remain in effect. I THE SELLER HAS APPROV$D, SIGNED y4ND DEPOSITED THE FOLLOWINfi DOCU�4zNTS WITH THE! CLOSING > GENT UNDER THESE INSTRUCTIONS: Statutory Warranty Deed Real Estate Exciee Tax Return i Sy SIGNING THIS DOCUMENT, EACH P � ACRNOWLEDGESz I Conditions of Parties' Agreement Satisfied. All terms and conditions of the parties' greament have been met to my satin action, or will be met, s tiefied or complied with outside of escrow. the Title Report Approved. The Prel"Inary Commitment for Title Ins4ance, including ]legal description of the property a all attoachments, supsupple ants ' under enorder,me number ntts o STEWART TITI. hat report, issued by this :reference. 78898, are approved by me and made part of these at pruparedl by Settlement Statsmeat Approvad. This settlement statement pr�pared by the closing agent its approved by me, made a part of these instructions by thisafere}Ice, and I agree to pjay my costs, expanses and other obl''gationo itemized on thatlstatedtent. I ynderstand that any estimated amounts will be a�3justed to reflect the ex ct amounts required when t�tze funds are disbursed, that the suptlement statement contin:es to; be subject tv audit -It any time, and if any monetary error is found, that amount a{rill be paid by the party 1'iable for such payment to the partyeentitled to receive it. BY SIGNING THIS DOCUMENT, THE SUYOR FURTHER ACKNOWLEDGES; Property Approvad. I have had adequate opportunity to ina�ect the property and to ' determine the exact location of its }�oundaries. The location nd physical cond!it-ion of the property and any buildings, improvements, plumbing, heat; g, cooling, electrical or �ptic systems on the .property are }approved. i understand that all inspect;ionasoled eZprovals of the location any phYsical condition of tide property are My responsibility, and are not part of the closing agent' s duties and; responsibilities. I hbreby release and agree to hold thelclosing agent harmless frtom any and all clAims of 1'iability for loss or damage arisin91or resulting from any ph sical condition or defect oh the property, or from the location of its boundaries. THE CLOSING, AGENTIS INSTRUCTED To PROCEED AS FOLLOWS: Instruction to Close. The closinglagent is instructed to p rform ;its customary closing d ties under these instructions, to sliver and record documental according to these ement statement, adjusting i structions, and to disburse the finds according to the sett]� estimated amounts, when the closing I! agent has the documentls required to cldse the t ansaction in its possession and hap, or will obtain when the documents have been d livered and recorded: 1. Sale proceeds for the seller's account in the Oam ofi $ 600000.00, to be disbursed according to the settlement statement, and I, i 2. A policy of title insurance ;¢sued pursuant to the Prelizz�inary Commove eer1a foor a Title Insurance referred to bove, insuring the buyer w&,th [ x] rc standard or [ ] extended Coverage with liability [ ] purchaser's [ 7 of $ 600.000.00, having the! usual clauses, provisions : and stipulations customarily contained in the printed provisions and schedules of : such policy ' forms, + I ainat all def cts or encumbrances; except- insuring the buyer s title to thalproparty ag those eat forth in the printed exceptions and exclusions cu tomarily contained In the printed provisions and ,schadules �f such policy forms, mattlOrs attaching by' 9 or under the buyer, ta4cas not yet ?due, and the matters salt forth in the ' following number d ara aph f c$edule Slof t e Preliminary Co it�en�\',for Title rvsurance: a4d �N ITiA-L- J1 �� Complat r bUEM Documents. The closing agent 18lnstzjucted to correct any rots found in any "d cum®nt depositied under these instructions, and to ii2sert as cessary the closing at , Adjustments and Pro-rations. he closing agent is instructed; to adjust and prp-'sate as o CLOSE OF ESCROW. cater-c eck: Seller will pick up proceeds check. Page 1 02 ACCOUNTABLE ESCROW 206 854 6183 gar; :LE# JO� 14 ;:�,! ACCOUNTJABLE ESCitROW9 INC. 104 W �ant� VA 98032 Escrow File No. 21 OM File mass: �g -- Addendum To CLOSING 71GA81 MNT AND ESCROW INSTRUCTIONS This is a part of the closing agreement and tscrow Instructions signed by the parties under the Closing Agent's escrow file number gthisorth addenabovedum,•aEllcept termseandpressly conditions of supplemented, modified, changed or amended by and any previous addenda thereto, shall the Closing Agreement and Escrow Instructions, remain in effect. The buyers and sellers direct escrow to prepare the statutory warranty Deed with the '•suBJECT TO. as folllowss suBJECT To: Easements under King County Recording Numbers; 8905020451, 900'/133.294, Relinquishment of access to state highway and of light, view, and air and 8810210769; Exception:: and by deed under King County Rec. #5185917 recorded on July 28, 1960; y 196].; Reservations in deed under King nty RCounty 89030705242874 recorded Agreement under JKingnuarCounty Rec. 4's Restrictions under King 8903070301 & 8903270232; buyers and sellers covenant that paragraph #2 TITLE of the purchass and sale agreement shall survive closing. Cit ante a Mu rporation Y George C. Armstron g By: Katherine A. Armstrong ADDENDUM TO EBCNOW INSTRUCTIONS A Form 10 ) 01999 F.B. Ph Phllllpa s �asf 9�; Escrow No. 96244 Estimated Close Date: July 16, 1996 Reference: 14806 SE 288th Street Report Print Date: July 12, 1996 Kent, WA 98042 Page 1 Buyer ESTIMATED CLOSING STATEMENT BUYER: City of Kent 220 S. 4th, 4th F1./Parks Dept. Kent, WA 98032 DEBITS - - - - CREDITS - - CONSIDERATION: Total Consideration 600,000.00 TITLE CHARGES: Owners Title Policy 270.50 Record Statutory Warranty Deed 9.45 ESCROW FEES: Escrow Fees 650.00 Sales Tax 32.80 Credit for all-cash closing 250.00 Balance Due Escrow 600,171.75 Totals $ 600,692.25 $ 600f692.25 NOTICE: This estimated closing statement is subject to changes, corrections or additions a the t' f final computation of closing escrow statement. Cit f Kent July 10, 1996 Escrow No. 96244 NOTICE OF COMPLIANCE WITH A.P.R. 12 IN ACCORDANCE WITH THE REQUIREMENTS OF A.P.R. 12 OF THE SUPREME COURT OF THE STATE OF WASHINGTON, ACCOUNTABLE ESCROW, INC. AND THE LIMITED PRACTICE OFFICER SPECIFIED BELOW MUST INFORM YOU OF THE FOLLOWING: 1. The Limited Practice Officer is not acting as the advocate or representative of either of the parties; 2. That the documents prepared by the Limited Practice Officer will affect the legal rights of the parties; 3. The parties interests in the documents may differ; 4. The parties have the right to be represented by lawyers of their own selection; 5. The Limited Practice officer cannot give legal advice as to the manner in which the documents affect the parties. The Limited Practice Officer is permitted to select, prepare and complete documents which have been approved by the Limited Practice Board for use in closing a loan, extension of credit, sale or other transfer of real or personal property. IF YOU HAVE ANY QUESTIONS REGARDING ANY DOCUMENT OR INSTRUMENT TO BE USED OR RELIED UPON IN THE CLOSING OF THIS TRANSACTION OR ANY QUESTIONS REGARDING YOUR RIGHTS, YOU SHOULD NOT SIGN BEFORE CONSULTING AN ATTORNEY OF YOUR CHOICE. IN THIS TRANSACTION, YOUR LIMITED PRACTICE OFFICER IS: SHERIAN GRIMES, LPO# 84. THE DOCUMENTS PREPARED IN THIS ESCROW ARE: STATUTORY WARRANTY DEED, EXCISE TAX AFFIDAVIT BUYER(S) : SELLER(S) : City K ntr- a Mun' o ation George C. Armstrong By: Katherine A. Armstrong 7,4_ DATE DATE I� �s ��sf ACCOUNTABLE ESCROW, INC. 1048 W. James, Suite 102 Rent, WA 98032 Escrow File No. 96244 File Name: City of Rent / ARMSTRONG CLOSING AGREEMENT AND ESCROW INSTRUCTIONS For Purchase and Sale Transaction The undersigned buyer and seller (referred to herein as "the parties") hereby designate and appoint ACCOUNTABLE ESCROW, INC. (referred to herein as "the closing agent" ) to act as their closing and escrow agent according to the following agreements and instructions. IT IS AGREED, AND THE CLOSING AGENT IS INSTRUCTED, AS FOLLOWS: Terms of Sale. The terms and conditions of the transaction which is the subject of these instructions (referred to herein as "the transaction") are set forth in the parties' Purchase and Sale Agreement, Earnest Money Agreement, or other written agreement, and any attachments, amendments or addenda to that agreement (referred to herein as "the parties' agreement") , which is made a part of these instructions by this reference. Any changes to the parties' agreement will be made a part of these instructions, without further reference, when signed by the parties and delivered to the closing agent. These instructions are not intended to amend, modify or supersede the terms and conditions of the parties' agreement and if there is any conflict or inconsistency between these instructions and the parties' agreement, the terms and conditions of the parties' agreement shall control. Description of Real Property. The real property which is the subject of the transaction (referred to herein as "the property" ) is identified in the parties' agreement. The documents required to close the transaction must contain the "legal description" of the property. If the parties' agreement does not yet contain the correct legal description, the parties or the real estate agent shall obtain an addendum setting forth the legal description as soon as possible and deliver it to the closing agent. Closing Date. The date on which the documents required to close the transaction are filed for record (referred to herein as "the closing date") shall be on or before the date for closing of the transaction specified in the parties' agreement or in an addendum extending that date. Documents. The closing agent is instructed to select, prepare, complete, correct, receive, hold, record and deliver documents as necessary to close the transaction. The closing agent may request that certain documents be prepared or obtained by the parties or their attorneys, in which case the parties shall deliver the requested documents to the closing agent before the closing date. Execution of any document will be considered approval of its form and contents by each party signing such document. Deposits and Disbursements of Funds. Before the closing date, each party shall deposit with the closing agent all funds required to be paid by such party to close the transaction, less any earnest money previously deposited with the real estate agent. The closing agent is authorized, but not required, to consider a lending institution's written commitment to deposit funds as the equivalent of a deposit of such funds, if all conditions of the commitment will be met on or before the closing date. All funds received by the closing agent shall be deposited in one or more of its general escrow or trust accounts with any bank doing business in the State of Washington and may be transferred to any other such accounts. The closing agent shall not be required to disburse any funds deposited by check or draft until it has been advised by its bank that such check or draft has been honored. All disbursements shall be made by the closing agent's check. Settlement Statement. The closing agent is instructed to prepare a settlement statement showing all funds deposited for the account of each of the parties and the proposed disbursements from such funds. No funds shall be disbursed until the parties have examined and approved the settlement statement. Some items may be estimated, and the final amount of each estimated item will be adjusted to the exact amount required to be paid at the time of disbursement. The settlement statement will be subject to audit and any errors or omissions may be corrected at any time. If any monetary error is found, the amount will be immediately paid by the party liable for such payment to the party entitled to receive it. Pro-rations. Adjustments or pro-rations of real estate taxes, and other charges if any, shall be made on a per-diem basis using a 365 day year, unless the closing agent is otherwise instructed. Title Insurance. The closing agent is instructed to obtain and forward to the parties a preliminary commitment for title insurance on the property and on any other parcel of real property that will be used to secure payment of any obligation created in the transaction (referred to herein as "the title report") . The closing agent is authorized to rely on the title report in the performance of its duties and shall have no responsibility or liability for any title defects or encumbrances which are not disclosed in the title report. Verification of Existing Encumbrances. The closing agent is instructed to request a written statement from the holder of each existing encumbrance on the property, verifying Page 1 its status, terms, balance owing and, if it will not be removed at closing, the requirements that must be met to obtain a waiver of any due-on-sale provision. The closing agent is authorized to rely upon such written statements in the performance of its duties, without liability or responsibility for their accuracy or completeness. Instructions From Third Parties. If any written instructions necessary to close the transaction according to the parties' agreement are given to the closing agent by anyone other than the parties or their attorneys, including but not limited to lenders, such instructions are accepted and agreed to by the parties. Disclosure of Information to Third Parties. The closing agent is authorized to furnish, upon request, copies of any closing documents, agreements or instructions concerning the transaction to the parties' attorneys, and to any real estate agent, lender or title insurance company involved in the transaction. Other papers or documents containing personal or financial information concerning any party may not be released to anyone other than the party's attorney or lender, without prior written approval. Potential Legal Problems. If the closing agent becomes aware of any facts, circumstances or potential problems which in the closing agent' s opinion should be reviewed by any of the parties' attorneys, the closing agent is authorized, in its sole discretion, to advise the parties of such facts, circumstances or potential problems and recommend that legal counsel be sought. Closing Agent's Fees and Expenses. The closing agent's fee is intended as compensation for the services set forth in these instructions. If additional services are required to comply with any change or addition to the parties' agreement or these instructions, or as a result of any party's assignment of interest or delay in performance, the parties agree to pay a reasonable additional fee for such services. The parties shall also reimburse the closing agent for any out-of-pocket costs and expenses incurred by it under these instructions. The closing agent's fees, costs and expenses shall be due and payable on the closing date or other termination of the closing agent's duties and responsibilities under these instructions, and shall be paid one-half by the buyer and one-half by the seller unless otherwise provided in the parties' agreement. Cancellation. These instructions may be canceled by a written agreement, signed by all the parties, and payment of the closing agent's fees, costs and expenses. Upon receipt of such agreement and payment, the closing agent shall return any money or documents then held by it to the parties that deposited the same, and shall have no further duties or responsibilities under these instructions. Inability to Comply With Instructions. If the closing agent receives conflicting instructions or determines, for any reason, that it cannot comply with these instructions by the date for closing specified in the parties' agreement or in any written extension of that date, it shall notify the parties, request further instructions, and in its discretion: (1) continue to perform its duties and close the transaction as soon as possible after receiving further instructions, or (2) if no conflicting instructions have been received, return any money or documents then held by it to the parties that deposited the same, less any fees and expenses chargeable to such party, or (3) commence a court action, deposit the money and documents held by it into the registry of the court, and ask the court to determine the rights of the parties. When the money and documents have been returned to the parties or deposited into the registry of the court, the closing agent shall have no further duties or responsibilities under these instructions. Disputes. Should any dispute arise between the parties, or any of them, and/or any other party, concerning the property or funds involved in the transaction, the closing agent may, in its sole discretion, hold all documents and funds in their existing status pending resolution of the dispute, or join or commence a court action, deposit the money and documents held by it with the court, and ask the court to determine the rights of the parties. Upon depositing said funds and documents with the court, the closing agent shall have no further duties or responsibilities under these instructions. The parties jointly and severally agree to pay the closing agent's costs, expenses and reasonable attorney' s fees incurred in any lawsuit arising out of or in connection with the transaction or these instructions, whether such lawsuit is instituted by the closing agent, the parties, or any other person. Notices. Any notice, declaration or request made under these instructions shall be in writing, signed by the party giving such notice or making such declaration or request, and personally delivered or mailed to the closing agent and other parties at their addresses set forth in these instructions. Amendments. Any amendment, addition or supplement to these instructions must be in writing, signed by the appropriate parties and delivered to the closing agent. Counterparts. These instructions may be executed in one or more counterparts with like effect as if all signatures appeared on one copy. Effect. These instructions shall bind and benefit the parties, the closing agent, and their successors in interest. Definitions. When used herein or in any amendment, addition or supplement hereto, words and phrases are defined and are to be construed as follows: The words "buyer" and "seller" refer to all persons and entities identified as such by their signatures on this document, jointly and severally unless otherwise indicated, and shall be construed interchangeably with other similar terms such as "purchaser", "vendee", "vendor", "grantee" or "grantor" as may be appropriate in the context and circumstances to which such words apply. The word "lender" refers to any lending institution or other party, including the Page 2 seller if appropriate, that has agreed to provide all or part of the financing for the transaction or to which the buyer has made a loan application. The phrase "these instructions" refers to the agreements, instructions and provisions set forth in this document and all amendments, additions and supplements to this document. The phrase "the property" refers to the real property identified in the parties' agreement, including any other parcel of real property that will be used to secure payment of any obligation created in the transaction, and does not include any items of personal property unless otherwise specifically stated in these instructions. The phrase "outside of escrow" refers to any duty, obligation or other matter which is the sole responsibility of the parties or of any party, and for which the closing agent shall have no responsibility or liability. In these instructions, singular and plural words, and masculine, feminine and neuter words, shall be construed interchangeably as may be appropriate in the context and circumstances to which such words apply. MATTERS TO BE COMPLETED BY THE BUYER AND SELLER IMPORTANT - READ CAREFULLY The following items must be completed by the parties, outside of escrow, and are not part of the closing agent' s duties under these instructions. Inspection and Approval of the Property. Any required inspections or approvals of the property or of improvements, additions or repairs to the property will be arranged and completed by the parties, outside of escrow. The closing agent shall have no liability with respect to the physical condition of the property, or any buildings, improvements, plumbing, heating, cooling, electrical, septic or other systems on the property, and no responsibility to inspect the property, or to otherwise determine its physical condition, or to determine whether any required improvements, additions or repairs have been satisfactorily completed. Personal Property. Any required inspections, approvals or transfers of possession of any owned or leased fixtures, equipment or other items of personal property included in the transaction, and payment of any personal property, sales or use taxes, will be completed by the parties outside of escrow. Unless otherwise instructed, the closing agent shall have no responsibility with respect to such personal property and shall not be required to determine the status or condition of the title to, encumbrances upon, ownership, or physical condition of such personal property, nor to calculate, pro-rate, collect, prepare returns for or pay any personal property tax, sales tax or use tax arising from the transaction. Utilities. All orders, cancellations, transfers, payments and adjustment of accounts for water, sewer, garbage collection, electricity, gas, fuel oil, telephone, television cable and any other utilities or public services will be completed by the parties outside of escrow. Unless otherwise instructed, the closing agent shall have no responsibility to determine, collect, pay, pro-rate or adjust charges for installation or service for any utilities or public services, except to pro-rate existing recurrent assessments for public improvements, if any, which appear on the title report. Fire or Casualty Insurance. If a new policy of fire, hazard or casualty insurance on the property is necessary to close the transaction, the buyer will arrange for the policy to be issued, outside of escrow, and will provide evidence of the required insurance coverage to the closing agent before the closing date. Unless otherwise instructed, the closing agent shall have no responsibility to contract for or obtain any policy of fire, hazard or casualty insurance on the property, or any assignment of such policy. Possession of the Property. The transfer of possession of the property shall be arranged directly between the parties outside of escrow and shall not be the responsibility of the closing agent. Collection Account. If any financing for the transaction will be provided by a private party, the parties are advised to open a collection account at a financial institution to receive and disburse payments to be made under the private promissory note or contract. The collection account shall be established by the parties outside of escrow and shall not be the responsibility of the closing agent. Payment of Omitted Taxes. If any additional real property taxes are assessed for recent improvements made to the property and not added to the tax rolls before the closing date, the parties shall pay their respective shares of such omitted taxes, pro-rated as of the closing date, within 30 days after receipt of notification that such taxes have been assessed. The closing agent shall not be responsible or liable for any assessment, collection or payment of omitted taxes. Individual Taxes. The parties are advised to consult with their attorneys to determine whether they must report income, deduct expenses or losses, or withhold or pay any income or business taxes as result of the transaction. The closing agent shall have no responsibility for the parties' individual tax consequences arising from the transaction. Foreign Investment in Real Property Tax Act. If any seller is, or may be, a non-resident alien or a foreign corporation, partnership, trust or estate for the purposes of United States income taxation, the parties are advised to consult with their attorneys before the closing date to determine their responsibilities and liabilities, if any, under the Foreign Investment in Real Property Tax Act (Section 1445 et seq. of the Internal Revenue Code) . The closing agent is not required to verify the nationality or foreign status of any of the sellers, or to withhold, report or pay any amounts due under Page 3 such act. Approvals and Permits. The parties are advised to consult with their attorneys to determine whether any building, zoning, subdivision, septic system, or other construction or land use permits or approvals will be required, either before or after the closing date. The closing agent shall have no responsibility with respect to any such permit or approval, and shall have no liability arising from the failure of any party to obtain, or from the refusal of any governmental authority to grant, any such permit or approval. Compliance With Certain Laws. The parties are advised to consult with their attorneys to determine their responsibilities, if any, under the Consumer Protection Act, Truth-in-Lending Act, Interstate Land Sales Act or other similar laws. The closing agent shall have no responsibility for the parties' compliance, nor any liability arising from the failure of any party to comply, with any such law. City of Ken , a Muni C ation George C. Armstrong By: Katherine A. Armstrong Accept d: C UN A E ESCROW, INC. BY: Sherian Grime Escrow Office , LPO, V.P. ESCROW INSTRUCTIONS LPO/Escrow Form 1E (10/89) @1989 F.B. Phillips Page 4 ACCOUNTABLE ESCROW, INC. 1048 W. James, Suite 102 Rent, WA 98032 Escrow File No. 96244 File Name: City of Kent / ARMSTRONG Supplement To CLOSING AGREEMENT AND ESCROW INSTRUCTIONS For Purchase and Sale Transaction Including Instructions to Record Documents and Disburse Funds This is a part of the Closing Agreement and Escrow Instructions signed by the parties under the Closing Agent's escrow file number set forth above. Except as expressly modified, changed or amended by this supplement, all terms and conditions of the Closing Agreement and Escrow Instructions, and any previous supplements, additions or amendments thereto, shall remain in effect. THE SELLER HAS APPROVED, SIGNED AND DEPOSITED THE FOLLOWING DOCUMENTS WITH THE CLOSING AGENT UNDER THESE INSTRUCTIONS: Statutory Warranty Deed Real Estate Excise Tax Return BY SIGNING THIS DOCUMENT, EACH PARTY ACKNOWLEDGES: Conditions of Parties' Agreement Satisfied. All terms and conditions of the parties' agreement have been met to my satisfaction, or will be met, satisfied or complied with outside of escrow. Title Report Approved. The Preliminary Commitment for Title Insurance, including the legal description of the property and all attachments, supplements and endorsements to that report, issued by STEWART TITLE COMPANY OF WASHINGTON, INC. under order number 278898, are approved by me and made a part of these instructions by this reference. Settlement Statement Approved. The settlement statement prepared by the closing agent is approved by me, made a part of these instructions by this reference, and I agree to pay my costs, expenses and other obligations itemized on that statement. I understand that any estimated amounts will be adjusted to reflect the exact amounts required when the funds are disbursed, that the settlement statement continues to be subject to audit at any time, and if any monetary error is found, that amount will be paid by the party liable for such payment to the party entitled to receive it. BY SIGNING THIS DOCUMENT, THE BUYER FURTHER ACKNOWLEDGES: Property Approved. I have had adequate opportunity to inspect the property and to determine the exact location of its boundaries. The location and physical condition of the property and any buildings, improvements, plumbing, heating, cooling, electrical or septic systems on the property are approved. I understand that all inspections and approvals of the location any physical condition of the property are my sole responsibility, and are not part of the closing agent's duties and responsibilities. I hereby release and agree to hold the closing agent harmless from any and all claims of liability for loss or damage arising or resulting from any physical condition or defect on the property, or from the location of its boundaries. THE CLOSING AGENT IS INSTRUCTED TO PROCEED AS FOLLOWS: Instruction to Close. The closing agent is instructed to perform its customary closing duties under these instructions, to deliver and record documents according to these instructions, and to disburse the funds according to the settlement statement, adjusting estimated amounts, when the closing agent has the documents required to close the transaction in its possession and has, or will obtain when the documents have been delivered and recorded: 1. Sale proceeds for the seller's account in the sum of $ 600000.00, to be disbursed according to the settlement statement, and 2. A policy of title insurance issued pursuant to the Preliminary Commitment for Title Insurance referred to above, insuring the buyer with [ x] owner's or [ ] purchaser's [ x] standard or [ ] extended coverage with liability of $ 600,000.00, having the usual clauses, provisions and stipulations customarily contained in the printed provisions and schedules of such policy forms, insuring the buyer's title to the property against all defects or encumbrances except those set forth in the printed exceptions and exclusions customarily contained in the printed provisions and schedules of such policy forms, matters attaching by, through or under the buyer, taxes not yet due, and the matters set forth in the following numbered paragraphs of Schedule B of the Preliminary Commitment for Title Insurance: none , and Completion or Correction of Documents. The closing agent is instructed to correct any errors found in any document deposited under these instructions, and to insert as necessary the closing date. Adjustments and Pro-rations. The closing agent is instructed to adjust and pro-rate as of CLOSE OF ESCROW. Proceeds Check: Seller will pick up proceeds check. or or Page 1 Mail proceeds check to seller at: Additional Instructions: Buyer(s) and Seller(s) advise escrow agent that all the terms and conditions of their purchase and sale agreement and any addendums have been met and satisfied and instruct escrow agent to close, record and disburse funds upon receipt of buyers funds into escrow, and the simultanious closing of the Armstrong and Kirby property, as stated in the purchase and sale agreement. City of Kent advises escrow that Accountable Escrow is not to order hazard insurance on the property because the City will obtain and pay for its' own insurance on the subject property outside of the closing of this transaction. The City of Kent, as a Municipal Corporation, does not pay property taxes. King County does not accept any partial payments of property taxes by the seller from the 7/1/96 to the date of the recordation of the deed. King County will therefore require the entire 2nd half paid in full at closing and will refund directly to the sellers the overpayment of the 2nd half taxes from the date of recordation of the deed through 12/31/96. The seller can follow for this refund directly if they wish by calling King County Abstact Dept. at (206) 296-5141, Bryon, and referring to the tax parcel number 342205-9106-03. BUYERS AND SELLERS ADVISE ESCROW AGENT THAT THE SEPTIC PUMP OUT HAS BEEN COMPLETED TO BUYERS SATISFACTION. BUYERS AND SELLERS ADVISE ESCROW AGENT THAT THE WELL WATER HAS BEEN TESTED AND MEETS WITH BUYERS APPROVAL. BUYERS AND SELLERS ADVISE ESCROW AGENT THAT THE CONTINGENCY "upon settlement of any lawsuits affecting the property including the lawsuit between Gabriel and Kathryn Cordi, Plaintiffs under King Co. Superior Court Case # 95-2-04168 and George C and Katherine A. Armstrong, Defendants" HAVE BEEN REMOVED AND CLEARED. BY SIGNING THIS DOCUMENT, EACH PARTY ACKNOWLEDGES: The closing agent has not offered any legal advice or referred me to any named attorney, but has clearly requested that I seek independent legal counsel if I have any doubt concerning the transaction or these instructions. I have had adequate time and opportunity to read and understand these instructions and all other documents referred to in these instructions. City f ent,�a Mun' a o poration George C. Armstrong By: Katherine A. Armstrong DATE: DATE: SUPPLEMENT TO ESCROW INSTRUCTIONS LPO/Escrow Form 2E (10/89) #16 �VN,l� @1989 F.B. Phillips ��ar 7Ac Page 2 ACCOUNTABLE ESCROW, INC. 1048 W. James, Suite 102 Kent, WA 98032 Escrow File No. 96244 File Name: / ARMSTRONG Addendum To CLOSING AGREEMENT AND ESCROW INSTRUCTIONS This is a part of the closing agreement and Escrow Instructions signed by the parties under the Closing Agent's escrow file number set forth above. Except as expressly supplemented, modified, changed or amended by this addendum, all terms and conditions of the Closing Agreement and Escrow Instructions, and any previous addenda thereto, shall remain in effect. The parties direct accountable escrow to hold one and one-half the estimated cost for the moving of the electrical line from the house to a separate pole. The sellers advises escrow that his contractor estimated the cost to be $3700.00 for the movement of the electrical wires. Escrow to holdback from sellers proceeds the sum of $5,550.00 to ensure payment in full for the movement of the electrical wire. When sellers provide escrow the contractors bill after the work is completed escrow is authorized to pay the bill and any funds remaining to be reimbursed to the seller. If the cost of the movement of the electrical wires is in excess of the holdback, sellers upon demand agree to pay the overage of the cost for the movement of the electrical wire within 15 days up said demand for payment. Sellers advise all parties that the contractor for the wire move hopes to be completed by July 19, 1996. Sellers advises all parties that seller has had the septic tank pumped and paid said bill. Sellers advises all parties that seller has had the well tested and the bacteriological analysis and it passed its inspection. City f ent, a M poration George C. Armstrong By: Katherine A. Armstrong ADDENDUM TO ESCROW INSTRUCTIONS Form 10 (10/89) @1989 F.B. Phillips PLEASE TYPE OR PRINT REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt when stamlW 1111EASE SEE REVERSE by cashier. CHAPTER 82.45 RCW - CHAPTER 458-61, WAC For Use at County Treasurer's Office (Use Form No. 84-0001B for Reporting Transfers of Controlling Interest of Entity Ownership to the Department of Revenue) 96244 THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS 1--7 ARE FULLY COMPLETED Name George C. Armstrong Name City of Kent x Katherine A-. Armstrong a� Street 22702 H.E. 16th Street Street 220 S. 4th, 4th F1. /Parks Dept. City/State/zip Redmond, WA 98042 City/State/zip Kent, .WA 98032 ADDRESS TO SEND ALL PROPERTY TAX RFLATFD CORRESPONDENCE ALL"TAX PARCEL NUMBERS (3�ftJTS:TREA$r3RSR PE At T AS$ S]I3 VAL UE iF.TAX.t Name City of Kent 342205-9098-03 i _ _ . Street 220 S. 4th, 4th,.F1. /Parks Dept. 342205-9220-04 City/State/Zip Kent, WA 98032_ i LEGAL DESCRIPTION OF PROPERTY SITUATED 1N ❑ UNINCORPORATED King COUNTY ❑ OR IN CITY OF-Kent---- Street Address (if property is improved): 14806 SE 288th Street, Kent, WA 98042 LEGAL DESCRIPTION AS DESCRIBED ON ATTACHED EXHIBIT "A" AND BY THIS REFERENCE MADE A PART HEREOF. I. i Is this property currently: YES NO Description of tangible personal property if included in sale (furniture, appliances, etc.) Classified or designated as forest land? ❑ ❑ Chapter 84.33 RCW Classified as current use land (open space, farm ❑ ❑ and agricultural, or timber)? Chapter 84.34 RCW Exempt from property tax as a nonprofit 1-1 ❑ If exemption claimed, list WAC number and explanation. organization? Chapter 84.36 RCW Seller's Exempt Reg. No. __—__— ——— WAC No. (Sec/Sub) Receiving special valuation as historic ❑ ❑ Explanation property? Chapter 84.26 RCW Property Type: ❑ land only ❑ land with new building ❑ land with previously used building ❑ land with mobile home P Y g Type of Document Statutory Warranty Deed ❑ timber only ❑ building only Date of Document July 10, 1996 Principal Use: ❑ Apt. (4 + unit) ❑ residential ❑ timber ❑ agricultural ❑ commercial/industrial Gross Sale Price $ 600,000.00 ❑ other Personal Property (deduct) $ © (1) NOTICE OF CONTINUANCE (RCW 84.33 or RCW 84.34) Taxable Sale Price $ 600,000.00 Excise Tax: State $ If the new owner(s)of land that is classified or designated as current use Local $ or forest land wish to continue the classification or designation of such land,the new owner(s)must sign below. If the new owner(s)do not desire Delinquent Interest.: State $ to continue such classification or designation, all compensating or addi- I ocal $ tional tax calculated pursuant to RCW 84.33.120 and 140 or RCW Delinquent Penalty: State $ 84.34.108 shall be due and payable by the seller or transferor at the time 10,680.00 of sale.The county assessor must determine if the land transferred qualifies Total Due $ to continue classification or designation and must so indicate below. THERE IS A $2.00 FEE FOR PROCESSING THIS FORM 1F NO TAX IS DUE Signatures do not necessarily mean the land will remain in classification or designation. If it no longer qualifies, it will be removed and the com- AFFIDAVIT pensating taxes will be applied. All new owners must sign. I certify under penalty of perjury under the laws of the state of ]'his land ❑ does ❑ does not qualify for continuance. Washington that the foregoing is true and correct (See back of this form). Date Signature of DEPUTY ASSESSOR Grantor/Agent _— (2) NOTICE OF COMPLIANCE (Chapter 84.26 RCW) George C. Armstrong Name (print) If the new owner(s)of property with special valuation as historic property wish to continue this special valuation the new owner(s)must sign below. Date & Place of Sig _ If the new owner(s)do not desire to continue such special valuation, all additional tax calculated pursuant to Chapter 84.26 RCW, shall be due Signature of and payable by the seller or transferor at the time of sale. Grantee/Agent (3) OWNER(S) SIGNATURE Nance (print) C of IKjent�p�.� Date & Place of Signing Perjury: Perjury is a class C felony which is punishable by imprisonment in a state correctional institution for a maximum tern of not more than five years, or by a fine in an amount fixed by the court of not more than live thousand dollars($5,000.00),or by both imprisonment and fine (RCW 9A.20.020 (1C)). 1Zev84000ta(6-1695)t111) 11f?9'95) FOR TREASURER'S USG ONLY ( i 1:'i I i !;i 1; C "A Tradition of Excellence" STEWART TITLE COMPANY 1201 Third Avenue OF WASHINGTON,INC. Suite 3800 Seattle,Washington 98101-3055 (206)622-1040 Fax.(206)343-1358 http://pnwt.com City of Kent Parks Department 220 South 4th Street, 4th Floor Kent, Washington 98032 Attention: Helen Wickstrom Order No . : 280200 Your Ref . : ARMSTRONG Enclosed is your Policy for Title Insurance on the above-referenced transaction. Thank you for the opportunity of serving you. We look forward to working with you again. Mike Sharkey Senior Title Officer Unit 12 114, 6—j JFFICE NORTHGATE OFFICE uou i main street 116 Washington Ave.N. Northgate Executive Building It Suite 115 Kent,Washington 98032 9725 3rd Avenue NE Bellevue.Washington 98004-6366 (206)520-0805 Suite 204 1206)646-4155 Fax.(206)520-0864 Seattle,Washington 98115-2024 Fax.(206)646.4164 (206)522-9490 Fax.(206)522-9526 POLICY OF TITLE INSURANCE ISSUED BY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, PACIFIC NORTHWEST TITLE INSURANCE COMPANY, INC., a Washington corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, 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; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. 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. IN WITNESS WHEREOF, Pacific Northwest Title Insurance Company, Inc. has caused this policy to be signed and sealed by its duly authorized officers as of the Date of Policy shown in Schedule A. A0� 4�� PACIFIC NORTHWEST TITLE President Insurance Company, Inc. Countersigned-b �N-JLE INSpq k '!� St r• .. ..qNC �J`: �Qppppq :�o Authorized Signatory SEAL tgwart i 1;a C.oinpa;y Cf Wa., Inc. vy i•.• k'4SNINGtG� Company Sw a le, alasNnoton City,State EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs. attorneys'fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (h) the character, dimensions or location of any improvement now or 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 part;or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a 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 recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in*,he public records at Date of Policy, but not excluding from 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. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created,suffered,assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy. but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the Insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant: (d) attaching or created subsequent to Date of Policy:or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 0.1093- 008602 ALTA OWNER'S POLICY—10-17-92 EXCLI ISIOnIS inOYYN i +;ru'f=1"-1i1ia';_ '.;asrr is ri e,c (continued and concluded from front side of Policy Face) 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 federal bankruptcy, state insolvency,or similar creditors'rights laws,that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer;or (b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure' (i) to timely record the instrument of transfer:or (ii) of such recordation to impart notice to a purchaser for value or a judgement or lien creditor. CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS, may take any appropriate action under the terms of this policy, whether or not it The following terms when used in this policy mean: shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy.If the Company shall exercise its rights under this paragraph, (a) "insured":the insured named in Schedule A,and, subject to any rights or it shall do so diligently. defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of law as distinguished (c) Whenever the Company shall have brought action or interposed a from purchase including, but not limited to,heirs,distributees,devices,survivors, defense as required or permitted the provisions thiss policy,the Company may personal representatives,next of kin,or corporate or fiduciary successors. pursue any litigation final determination s courrtt of competent jurisdiction and r expressly reserves the right, in its sole discretion, to appeal from any adverse (b) "insured claimant":an insured claiming loss or damage. judgment or order. (c) "knowledge" or"known": actual knowledge, not constructive knowledge (d) In all cases where this policy permits or requires the Company to prosecute or notice which may be imputed to an insured by reason of the public records as or provide for the defense of any action or proceeding,the insured shall secure to defined in this policy or any other records which impart constructive notice of matters the Company the right to so prosecute or provide defense in the action or affecting the land. proceeding,and all appeals therein,and permit the Company to use,at its option, (d) "land":the land described or referred to in Schedule A,and improvements the name of the insured for this purpose.Whenever requested by the Company,the affixed thereto which by law constitute real property. The term "land" does not insured,at the Company's expense,shall give the Company all reasonable aid(i)in include any property beyond the lines of the area described or referred to in Schedule any action or proceeding, securing evidence, obtaining witnesses, prosecuting or A,nor any right,title,interest,estate or easement in abutting streets,roads,avenues, defending the action or proceeding, or effecting settlement, and Ili) in any other alleys,lanes,ways or waterways,but nothing herein shall modify or limit the extent lawful act which in the opinion of the Company may be necessary or desirable to to which a right of access to and from the land is insured by this policy. establish the title to the estate or interest as insured.If the Company is prejudiced by the failure of the insured to furnish the required cooperation, the Company's (e) "mortgage": mortgage, deed of trust, trust deed, or other security obligations to the insured under the policy shall terminate,including any liability or instrument. obligation to defend,prosecute,or continue any litigation,with regard to the matter (f) "public records":records established under state statutes at Date of Policy or matters requiring such cooperation. for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge.With respect to Section 1(a)(iv)of 5. PROOF OF LOSS OR DAMAGE. the Exclusions From Coverage, "public records" shall also include environmental In addition to and after the notices required under Section 3 of these Conditions protection liens filed in the records of the clerk of the United States district court and Stipulations have been provided the Company,a proof of loss or damage signed for the district in which the land is located. and sworn to by the insured claimant shall be furnished to the Company within 90 (g) "unmarketability of the title": an alleged or apparent matter affecting the days after the insured claimant shall ascertain the facts giving rise to the loss or title to the land, not excluded or excepted from coverage, which would entitle a damage. The proof of loss or damage shall describe the defect in, or lien or purchaser of the estate or interest described in Schedule A to be released from the encumbrance on the title, or other matter insured against by this policy which obligation to purchase by virtue of a contractual condition requiring the delivery of constitutes the basis of loss or damage and shall state,to the extent possible,the marketable title. basis of calculating the amount of the loss or damage.If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. the Company's obligations to the insured under the policy shall terminate,including The coverage of this policy shall continue in force as of Date of Policy in favor any liability or obligation to defend,prosecute,or continue any litigation,with regard of an insured only so long as the insured retains an estate or interest in the land,or to the matter or matters requiring such proof of loss or damage. holds an indebtedness secured by a purchase money mortgage given by a purchaser In addition, the insured claimant may reasonably be required to submit to form the insured, or only so long as the insured shall have liability by reason of examination under oath by any authorized representative of the Company and shall covenants of warranty made by the insured in any transfer of conveyance of the produce for examination, inspection and copying, at such reasonable times and estate or interest.This policy shall not continue in force in favor of any purchaser places as may be designated by any authorized representative of the Company,all from the insured of either(i)and estate or interest in the land,or(ii)an indebtedness records,books,ledgers,checks,correspondence and memoranda,whether bearing secured by a purchase money mortgage given to the insured. a date before or after Date of Policy,which reasonably pertain to the loss or damage. Further,if requested by any authorized representative of the Company,the insured 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. claimant shall grant its permission, in writing,for any authorized representative of The insured shall notify the Company promptly in writing (i) in case of any the Company to examine, inspect and copy all records, books, ledgers, checks, litigation as set forth in Section 4(a)below,(ii)in case knowledge shall come to an correspondence and memoranda in the custody or control of a third party, which insured hereunder of any claim of title or interest which is adverse to the title to the reasonably pertain to the loss or damage.All information designated as confidential estate or interest,as insured,and which might cause loss or damage for which the by the insured claimant provided to the Company pursuant to this Section shall not Company may liable by virtue of this policy,or(iii)if title to the estate or interest, be disclosed to others unless, in the reasonable judgment of the Company, it is as insured, is rejected as unmarketable. If prompt notice shall not be given to the necessary in the administration of the claim.Failure of the insured claimant to submit Company, then as to the insured all liability of the Company shall terminate with for examination under oath,produce other reasonably requested information or grant regard to the matter or matters for which prompt notice is required; provided, permission to secure reasonably necessary information from third parties as required however,that failure to notify the Company shall in no case prejudice the rights of in this paragraph shall terminate any liability of the Company under this policy as any insured under this policy unless the Company shall be prejudiced by the failure to that claim. and then only to the extent of the prejudice. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS:TERMINATION OF 4. DEFENSE AND PROSECUTION OF ACTIONS:DUTY OF INSURED LIABILITY. CLAIMANT TO COOPERATE. In case of a claim under this policy, the Company shall have the following (a) Upon written request by the insured and subject to the options contained additional options: in Section 6 of these Conditions and Stipulations, the Company, at its own cost (a) To Pay or Tender Payment of the Amount of Insurance. and without unreasonable delay, shall provide for the defense of an insured in To pay or tender payment of the amount of insurance under this policy together litigation in which any third party asserts a claim adverse to the title or interest as with any cost,attorneys'fees and expenses incurred by the insured claimant,which insured, but only as to those stated causes of action alleging a defect, lien or e were authorized by the Company, up to the time of payment or tender of payment encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its choice(subject to the right of the insured to and which the Company is obligated to pay. object for reasonable cause)to represent the insured as to those stated causes of Upon the exercise by the Company of this option, all liability and obligations action and shall not be liable for and will not pay the fees of any other counsel.The to the insured under this policy, other than to make the payment required, shall Company will not pay any fees, costs or expenses incurred by the insured in the terminate, including any liability or obligation to defend, prosecute, or continue defense of those causes of action which allege matters not insured against by this any litigation,and the policy shall be surrendered to the Company for cancellation. policy. (b) To Pay or Otherwise Settle With Parties Other than the Insured or With (b) The Company shall have the right,at its own cost,to institute and prosecute the Insured Claimant. any action or proceeding or to do any other act which in its opinion may be necessary (i) to pay or otherwise settle with other parties for or in the name of an or desirable to establish the title to the estate or interest,as insured.The Company insured claimant any claim insured against under this policy,together with any costs, (continued and concluded on last page of this policy) Standard Coverage PACIFIC NORTHWEST TITLE INSURANCE COMPANY, INC. A.L.T.A. OWNER' S POLICY SCHEDULE A Order No. : 280200 Policy No. : 1093-008602 Policy Date : July 19, 1996 Policy Amount : $600, 000 . 00 at 2 : 27 p.m. 1 . Name of Insured: CITY OF KENT, a 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: CITY OF KENT, a municipal corporation 4 . The land referred to in this Policy is described as follows : PARCEL A: The south 250 feet of the east half of that portion of the southeast quarter of the southeast quarter of Section 34 , Township 22 North, Range 5 East, W.M. , in King County, Washington, lying east of a line drawn parallel to and 30 feet east of the west line of said southeast quarter of the southeast quarter; EXCEPT that portion lying southeasterly of the northwesterly margin of Primary State Highway No. 2 ; AND EXCEPT that portion conveyed to the State of Washington by deed recorded under Recording Number 5185917 . PARCEL B : The east half of that portion of the southeast quarter of the southeast quarter of Section 34 , Township 22 North, Range 5 East, W.M. , in King County, Washington, lying east of a line drawn parallel to and 30 feet east of the west line of said southeast quarter of the southeast quarter; EXCEPT that portion lying southeasterly of the northwesterly margin of Primary State Highway No. 2 ; AND EXCEPT the south 250 feet thereof . Standard Coverage PACIFIC NORTHWEST TITLE INSURANCE COMPANY, INC. A.L.T.A. OWNER ' S POLICY SCHEDULE B Policy No . : 1093-008602 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) Policy No. : 1093 -008602 A.L.T.A. OWNER' S POLICY SCHEDULE B Page 2 SPECIAL EXCEPTIONS : 1 . EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING BUT NOT LIMITED TO, THE FOLLOWING: GRANTEE : Puget Sound Power & Light Company, a Washington corporation PURPOSE : An underground electric distribution system AREA AFFECTED: A portion of said premises DATED: April 20, 1989 RECORDED: May 1, 1989 RECORDING NUMBER: 8905010451 2 . EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING BUT NOT LIMITED TO, THE FOLLOWING: GRANTEE : Pacific Northwest Bell Telephone Company PURPOSE : Underground communication facilities, conduit and above ground cabinets AREA AFFECTED: A portion of said premises RECORDED: July 13 , 1990 RECORDING NUMBER: 9007131294 3 . RELINQUISHMENT OF ACCESS TO STATE HIGHWAY AND OF LIGHT, VIEW AND AIR BY DEED TO STATE OF WASHINGTON: RECORDED: July 28 , 1960 RECORDING NUMBER: 5185917 4 . EXCEPTIONS AND RESERVATIONS CONTAINED IN DEED: FROM: Robert L. Schuck and June E. Schuck, husband and wife DATED: May 6 , 1960 RECORDED: January 18 , 1961 RECORDING NUMBER: 5242874 (continued) Policy No . : 1093-008602 SCHEDULE B Page 3 - AS FOLLOWS : Reserving unto the grantors herein all coal, oil and minerals and the right to explore for and mine same NOTE : No examination has been made to determine the present record owner of the above minerals, or mineral lands and appurtenant rights thereto, or to determine matters which may affect the lands or rights so reserved. ASSIGNMENT OF SAID RESERVATIONS : ASSIGNEE : Robert L. Schuck and June K. Schuck, Trustees of the Berrydale Trust and successors DATED: April 20 , 1988 RECORDED: May 6 , 1988 RECORDING NUMBER: 8805060739 5 . Restrictions limiting the use of that portion of the property herein described lying within 100 feet from a water well as imposed by instrument recorded under Recording Number 8903070302 . 6 . AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BY AND BETWEEN: Owners DATED: February 7 , 1989 RECORDED : March 7, 1989 and March 27, 1989 RECORDING NUMBERS : 8903070301 and 8903270232 REGARDING: The operation, ownership and maintenance of a well and water distribution system 7 . EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: GRANTEE : King County, Washington PURPOSE: Construct, improve, repair and maintain that certain road for ingress, egress and utilities (including water line) AREA AFFECTED : A portion of Parcels A and B RECORDED : October 21, 1988 RECORDING NUMBER: 8810210769 END OF SCHEDULE B RL/sih/4960X 1•f• il• I' .II, •OI.a• �1E, LOT I LOT 2 L0T? �+ LD�� •• • { ,r 4 V a wJ1-fZ7_ 1 . ._: •ram +32, 2 ea•• -32L .. 4 • � f J �) ® w.4" 1 n I � AS w 0 ♦ A! my ,4. i : PILL r a 00 li wl ff4N —�—�— ar ss•Ir,..v SE.2WTM"I i ��. 6 �9rr .. STEWART TITLE COMPANY OF WASHINGTON, INC. NORTH "A Tradition Order No. 'Z)Q v a ou of Excellence" IMPORTANT: This is not a PIat 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 SOUTH reliance hereon. CONDITIONS AND STIPULATIONS Continued • (continued and concluded from reverse side of Policy Face) attorneys'fees and expenses incurred by the insured claimant which were authorized 12. PAYMENT OF LOSS. by the Company up to the time of payment and which the Company is obligated to (a)No payment shall be made without producing this policy for endorsement pay;or of the payment unless the policy has been lost or destroyed,in which case proof of (h) to pay or otherwise settle with the insured claimant the loss or damage loss or destruction shall be furnished to the satisfaction of the Company. provided for under this policy,together with any costs,attorneys'fees and expenses (b)When liability and the extent of loss or damage has been definitely fixed in incurred by the insured claimant which were authorized by the Company up to the accordance with these Conditions and Stipulations, the loss or damage shall be time of payment and which the Company is obligated to pay. payable within 30 days thereafter. Upon the exercise by the Company of either of the options provided for in paragraphs b(i) or(ii),the Company's obligations to the insured under this policy 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. for the claimed loss or damage,other than the payments required to be made,shall (a) The Company's Right of Subrogation. terminate,including any liability or obligation to defend,prosecute or continue any Whenever the Company shall have settled and paid a claim under this policy, litigation. all right of subrogation shall vest in the Company unaffected by any act of the 7. DETERMINATION,EXTENT OF LIABILITY AND COINSURANCE. insured claimant. This policy is a contract of indemnity against actual monetary loss or damage The Company shall be subrogated to and be entitled to all rights and remedies sustained or incurred by the insured claimant who has suffered loss or damage by which the insured claimant would have had against any person or property in respect reason of matters insured against by this policy and only to the extent herein to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any described. person or property necessary in order to perfect this right of subrogation.The insured (a) The liability of the Company under this policy shall not exceed the least of: claimant shall permit the Company to sue,compromise or settle in the name of the (i) the Amount of Insurance stated in Schedule A;or, insured claimant and to use the name of the insured claimant in any transaction or (ii) the difference between the value of the insured estate or interest as litigation involving these rights or remedies. insured and the value of the insured estate or interest subject to the defect lien or If a payment on account of a claim does not fully cover the loss of the insured encumbrance insured against by this policy. claimant, the Company shall be subrogated to these rights and remedies of the (b) In the event the Amount of Insurance stated in Schedule A at the Date of proportion which the Company's payment bears to the whole amount of the loss. Policy is less than 80 percent of the value of the insured estate or interest or if If loss should result from any act of the insured claimant, as stated above, subsequent to the Date of Policy an improvement is erected on the land which that act shall not void this policy,but the Company,in that event, shall be required increases the value of the insured estate or interest by at least 20 percent over the to pay only that part of any losses insured against by this policy which shall exceed Amount of Insurance stated Schedule A,then this Policy is subject to the following: the amount,if any,lost to the Company by reason of the impairment by the insured (i) where no subsequent improvement has been made, as to any partial claimant of the Company's right of subrogation. loss,the Company shall only pay the loss pro rata in the proportion that the amount (b) The Company's Rights Against Non-insured Obligors. of insurance at Date of Policy bears to the total value of the insured estate or interest The Company's right of subrogation against non-insured obligors shall exist at Date of Policy;or and shall include, without limitation, the rights of the insured to indemnities, (ii) where a subsequent improvement has been made, as to any partial guaranties, other policies of insurance or bonds, notwithstanding any terms or loss,the Company shall only pay the loss pro rata in the proportion that 120 percent conditions contained in those instruments which provide for subrogation rights by of the Amount of Insurance stated in Schedule A bears to the sum of the Amount of reason of this policy. Insurance stated in Schedule A and the amount expended for the improvement. The provisions of this paragraph shall not apply to costs,attorneys'fees and 14. ARBITRATION. expenses for which the Company is liable under this policy,and shall only apply to Unless prohibited by applicable law, either the Company or the insured may that portion of any loss which exceeds,in the aggregate,10 percent of the Amount demand arbitration pursuant to the Title Insurance Arbitration Rules of the American of Insurance stated in Schedule A. Arbitration Association.Arbitrable matters may include,but are not limited to,any controversy or claim between the Company and the insured arising out of or relating (c) The Company will pay only those costs, attorneys' fees and expenses to this policy, any service of the Company in connection with its issuance or the incurred in accordance with Section 4 of these Conditions and Stipulations. breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is$1,000,000 or less shall be arbitrated at the option of either 8. APPORTIONMENT. the Company or the insured.All arbitrable matters when the Amount of Insurance is If the land described in Schedule A consists of two or more parcels which are in excess of S1,000,000 shall be arbitrated only when agreed to by both the Company not used as a single site, and a loss is established affecting one or more of the and the insured.Arbitration pursuant to this policy and under the Rules in effect on parcels but not all,the loss shall be computed and settled on a pro rate basis as if the date the demand for arbitration is made or, at the option of the insured, the the amount of insurance under this policy was divided pro rata as to the value on Rules in effect at Date of Policy shall be binding upon the parties.The award may Date of Policy of each separate parcel to the whole,exclusive of any improvements include attorneys' fees only if the laws of the state in which the land is located made subsequent to Date of Policy, unless a liability or value has otherwise been permit a court to award attorneys' fees to a prevailing party. Judgment upon the agreed upon as to each parcel by the Company and the insured at the time of the award rendered by the Arbitrator(s)may be entered in any court having jurisdiction issuance of this policy and shown by an express statement or by an endorsement thereof. attached to this policy. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. 9. LIMITATION OF LIABILITY. (a) If the Company establishes the title,or removes the alleged defect,lien or A copy of the Rules may be obtained from the Company upon request. encumbrance, or cures the lack of a right of access to or from the land, or cures 15. LIABILITY LIMITED TO THIS POLICY:POLICY ENTIRE CONTRACT. the claim of unmarketability of title,all as insured,in a reasonably diligent manner by any method,including litigation and the completion of any appeals therefrom,it (a) This policy together with all endorsements, if any, attached hereto by the shall have fully performed its obligations with respect to that matter and shall not Company is the entire policy and contract between the insured and the Company. be liable for any loss or damage caused thereby. In interpreting any provision of this policy,this policy shall be construed as a whole. (b) In the event of any litigation, including litigation by the Company or with (b) Any claim of loss or damage, whether or not based on negligence, and the Company's consent, the Company shall have no liability for loss or damage which arises out of the status of the title to the estate or interest covered hereby or until there has been a final determination by a court of competent jurisdiction,and by any action asserting such claim,shall be restricted to this policy. disposition of all appeals therefrom, adverse to the title as insured. (c) No amendment of or endorsement to this policy can be made except by a (c) The Company shall not be liable for loss or damage to any insured for writing endorsed hereon or attached hereto signed by either the President, a Vice liability voluntarily assumed by the insured in settling any claim or suit without the President,the Secretary,an Assistant Secretary,or validating officer or authorized prior written consent of the Company. signatory of the Company. 10. REDUCTION OF INSURANCE: REDUCTION OR TERMINATION OF 16. SEVERABILITY. LIABILITY. In the event any provision of this policy is held invalid or unenforceable under All payments under this policy, except payments made for costs, attorneys' applicable law, the policy shall be deemed not to include that provision and all fees and expenses,shall reduce the amount of the insurance pro tanto. other provisions shall remain in full force and effect. 11. LIABILITY NONCUMULATIVE. 17. NOTICES,WHERE SENT. It is expressly understood that the amount of insurance under this policy shall All notices required to be given the Company and any statement in writing be reduced by any amount the Company may pay under any policy insuring a required to be furnished the Company shall include the number of this policy and mortgage to which exception is taken in Schedule B or to which the insured has shall be addressed to the Company at 1201 Third Avenue,Suite 3800,Seattle,WA agreed, assumed, or taken subject, or which is hereafter executed by an insured 98101. and which is a charge or lien on the estate or interest described or referred to in Schedule A,and the amount so paid shall be deemed a payment under this policy to the insured owner. ALTA OWNER'S POLICY—10-17-9. �b n � N Q �n 7 7 C O C O (D j W r, O O O O .-y `J s . a