Loading...
HomeMy WebLinkAboutAD1987-0193 - Insurance Certificate - Chicago Title Insurance Company - Standard Owner Policy - White River Property - 08/18/1987 rea,nn AMERICAN LAND TITLE ASSOCIA TIO APR 111988 OWNER'S POLICY FORM B-1970 (Rev. 10-17-70 and 10-17-84) CITY OF KENT CITY CLERK CHICAGO TITLE INSURANCE COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, ry CHICAGO TITLE INSURANCE COMPANY, a Missouri corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; 2. Any defect in or Hen or encumbrance on such title; 3. Lack of a right of access to and from the land;or 4. Uninarketability of such title. In Witness Whereof, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as of the date of policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory. CHICAGO TITLE INSURANCE COMPANY By: Issued by: CHICAGO TITLE INSURANCE COMPANY 1800 Columbia Center 701 Fifth Avenue Seattle, Washington 98104 Presi�lt (206)628-5666 ATTEST: 4. Secretary. IMPORTANT This policy necessarily relates solely to the title as of the date of the policy. in order that a purchaser of the real estate described herein may be Insured against defects, liens or encumbrances, this policy should be reissued in the name of such purchaser. .k-1y ;i�7L."a3y2i.5 �Owljilh.i-.—' Copyright 1969 American Land Title Association EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: 1. (a) Governmental police power. (b) Any law, ordinance or governmental regulation relating to environmental protection. (c) Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character,dimensions or location of any improvement now or hereafter erected on the land,or prohibiting a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part. (d) The effect of any violation of the matters excluded under(a),(b)or(c)above,unless notice of a defect, lien or encumbrance resulting from a violation has been recorded at Date of Policy in those records in which under state statutes deeds, mortgages, lis pendens, liens or other title encumbrances must be recorded in order to impart constructive notice to purchasers of the land for value and without knowledge;provided,however,that without limitation,such records shall not be construed to include records in any of the offices of federal, state or local environmental protection, zoning, building, health or public safety authorities. 2. Rights of eminent domain unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder;(c) resulting in no loss or damage to the insured claimant;or(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. CONDITIONS AND STIPULATION) 1. Definition of Terms policy, the Company may pursue any such litigation to final determi- The following terms when used in this policy mean: nation by a court of competent jurisdiction and expressly reserves the (a) "insured": the insured named in Schedule A, and, subject to right, in its sole discretion, to appeal from any adverse judgment or any rights or defenses the Company may have had against the named order. insured, those who succeed to the interest of such insured by operation (e) In all cases where this policy permits or requires the Company of law as distinguished from purchase including, but not limited to, to prosecute or provide for the defense of any action or proceeding, heirs, distributees, devisees, survivors, personal representatives, next of the insured hereunder shall secure to the Company the right to so kin, or corporate or fiduciary successors. prosecute or provide defense in such action or proceeding, and all (b) "insured claimant": an insured claiming loss or damage here- appeals therein, and permit the Company to use,at its option,the name under. of such insured for such purpose. Whenever requested by the Com- pany, such insured shall give the Company all reasonable aid in any (c) "knowledge": actual knowledge, not constructive knowledge or such action or proceeding, in effecting settlement, securing evidence, notice which may be imputed to an insured by reason of any public obtaining witnesses, or prosecuting or defending such action or pro- records. ceeding, and the Company shall reimburse such insured for any (d) "land": the land described,specifically or by reference in Schedule expense so incurred. A, and improvements affixed thereto which by law constitute real prop- erty; provided, however, the term "land" does not include any property 4. Notice of Loss--Limitation of Action beyond the lines of the area specifically described or referred to in In addition to the notices required under paragraph 3(b) of these Schedule A, nor any right, title, interest, estate or easement in abutting Conditions and Stipulations, a statement in writing of any loss or dam- streets, roads, avenues, alleys, lanes, ways or waterways, but nothing age for which it is claimed the Company is liable under this policy herein shall modify or limit the extent to which a right of access to shall be furnished to the Company within 90 days after such loss or and from the land is insured by this policy. damage shall have been determined and no right of action shall accrue to an insured claimant until 30 days after such statement shall have (e) mortgage": mortgage,deed of trust, trust deed, or other security been furnished. Failure to furnish such statement of loss or damage instrument. shall terminate any liability of the Company under this policy as to (f) "public records": those records which by law impart constructive such loss or damage. notice of matters relating to said land. S. Options to Pay or Otherwise Settle Claims 4. Continuation of Insurance after Conveyance of Title The Company shall have the option to pay or otherwise settle for The coverage of this policy shall continue in force as of Date of or in the name of an insured claimant any claim insured against or to Policy in favor of an insured so long as such insured retains an estate terminate all liability and obligations of the Company hereunder by or interest in the land, or holds an indebtedness secured by a purchase paying or tendering payment of the amount of insurance under this money mortgage given by a purchaser from such insured, or so long policy together with any costs, attorneys' fees and expenses incurred as such insured shall have liability by reason of covenants of warranty up to the time of such payment or tender of payment, by the insured made by such insured in any transfer or conveyance of such estate or claimant and authorized by the Company. interest; provided, however, this policy shall not continue in force in favor of any purchaser from such insured of either said estate or 6. Determination and Payment of Loss interest or the indebtedness secured by a purchase money mortgage (a) The liability of the Company under this policy shall in no case given to such insured. exceed the least of: (i) the actual loss of the insured claimant; or Z. Dofense and Prosecution of Actions—Notice of Claim (ii) the amount of insurance stated in Schedule A. to be given by an Insured Claimant (a) The Company, at its own cost and without undue delay, shall (b) The Company will pay, in addition to arty loss insured against provide for the defense of an insured in all litigation consisting of by this policy, all costs imposed upon an insured in litigation carried actions or proceedings commenced against such insured, or a defense on by the Company for such insured, and all costs, attorneys' fees and interposed against an insured in an action to enforce a contract for a expenses in litigation carried on by such insured with the written sale of the estate or interest in said land, to the extent that such litiga- authorization of the Company. tion is founded upon an alleged defect, lien, encumbrance, or other (c) When liability has been definitely fixed in accordance with the matter insured against by this policy. conditions of this policy, the loss or damage shall be payable within (b) The insured shall notify the Company promptly in writing (i) in 30 days thereafter. case any action or proceeding is begun or defense is interposed as set 7. Limitation of Liability forth in (a) above, (ii) in case knowledge shall come to an insured No claim shall arise or be maintainable under this policy (a) if the hereunder of any claim of title or interest which is adverse to the Company, after having received notice of an alleged defect, lien or title to the estate or interest, as insured, and which might cause loss encumbrance insured against hereunder, by litigation or otherwise, or damage for which the Company may be liable by virtue of this removes such defect, lien or encumbrance or establishes the title, as policy, or (iii) if title to the estate or interest, as insured, is rejected as insured, within a reasonable time after receipt of such notice; (b) in unmarketable. If such prompt notice shall not be given to the Com- the event of litigation until there has been a final determination by a pany, then as to such insured all liability of the Company shall cease court of competent jurisdiction, and disposition of all appeals there- and terminate in regard to the matter or matters for which such from, adverse to the title, as insured, as provided in paragraph 3 prompt notice is required; provided, however, that failure to notify hereof; or (c) for liability voluntarily assumed by an insured in settling shall in no case prejudice the rights of any such insured under this any claim or suit without prior written consent of the Company. policy unless the Company shall be prejudiced by such failure and then only to the extent of such prejudice. 8. Reduction of Liability (c) The Company shall have the right at its own cost to institute All payments under this policy, except payments made for costs, and without undue delay prosecute any action or proceeding or to do attorneys' fees and expenses, shall reduce the amount of the insurance any other act which in its opinion may be necessary or desirable to pro tanto. No payment shall be made without producing this policy establish the title to the estate or interest as insured, and the Company for endorsement of such payment unless the policy be lost or destroyed, may take any appropriate action under the terms of this policy,whether in which case proof of such loss or destruction shall be furnished to or not it shall be liable thereunder, and shall not thereby concede the satisfaction of the Company. liability or waive any provision of this policy. 9. Liability Noncumulative (d) Whenever the Company shall have brought any action or inter- It is expressly understood that the amount of insurance under this posed a defense as required or permitted by the provisions of this policy shall be reduced by any amount the Company may pay undpr CONDITIONS AND STIPULATIONS (Continued on Reverse Side) CONDITIONS AND STIPULATIONS (Continued) any policy insuring either (a) a mortgage shown or referred to in and remedies against any person or property necessary in order to Schedule B hereof which is a lien on the estate or interest covered by perfect such right of subrogation and shall permit the Company to use this policy, or (b) a mortgage hereafter executed by an insured which the name of such insured claimant in any transaction or litigation is a charge or lien on the estate or interest described or referred to in involving such rights or remedies. If the payment does not cover the Schedule A, and the amount so paid shall be deemed a payment under loss of such insured claimant, the Company shall be subrogated to this policy. The Company shall have the option to apply to the pay- such rights and remedies in the proportion which said payment bears ment of any such mortgages any amount that otherwise would be pay- to the amount of said loss. If loss should result from any act of such able hereunder to the insured owner of the estate or interest covered insured claimant, such act shall not void this policy, but the Com- by this policy and the amount so paid shall be deemed a payment pany, in that event, shall be required to pay only that part of any losses under this policy to said insured owner. insured against hereunder which shall exceed the amount, if any, lost to the Company by reason of the impairment of the right of subrogation. 10. Apportionment If the land described in Schedule A consists of two or more parcels 12. Liability Limited to this Policy which are not used as a single site, and a loss is established affecting This instrument together with all endorsements and other instru- one or more of said parcels but not all, the loss shall be computed ments, if any, attached hereto by the Company is the entire policy and and settled on a pro rata basis as if the amount of insurance under contract between the insured and the Company. this policy was divided pro rata as to the value on Date of Policy of Any claim of loss or damage, whether or not based on negligence, each separate parcel to the whole, exclusive of any improvements made and which arises out of the status of the title to the estate or interest subsequent to Date of Policy, unless a liability or value has otherwise covered hereby or any action asserting such claim, shall restricted been agreed upon as to each such parcel by the Company and the to the provisions and conditions and stipulations of this policy. insured at the time of the issuance of this policy and shown by an express statement herein or by an endorsement attached hereto. No amendment of or endorsement to this policy can be made except by writing endorsed hereon or attached hereto signed by either the 11. Subre0atlon Upon Payment or Settlement President, a Vice President, the Secretary, an Assistant Secretary, or Whenever the Company shall have settled a claim under this policy, validating officer or authorized signatory of the Company. all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and 13. Notices,Where Sent be entitled to all rights and remedies which such insured claimant All notices required to be given the Company and any statement in would have had against any person or property in respect to such writing required to be furnished the Company shall be addressed to its claim had this policy not been issued, and if requested by the Com- principal office at 111 West Washington Street, Chicago, Illinois 60602, pany, such insured claimant shall transfer to the Company all rights or at any branch office of the Company. T -- o '_-.___._ �.'.._. �J�. :_.�_S4__;i1�'�_'�+Pi '�{_:._`_t•_L. �, I �:1.:''. '_F�'L _'_' . FNF!4J'' r: L _.__ _1fr��_:-� `.I_F tl-���_..__�. W ►+ �--� Z. .� n r O5NI C) -� r .t A '` > x $ ro � O NV c o y > r k o z Ny • ^ v e ll � +Q ' CHI,,riGO TITLE INSURANCE COMPAN\ STANDARD OWNER POLICY SCHEDULE A Policy No. 108919 Date of Policy Amount of August 18, 1987 Insurance: '$185, 000. 00 8: 3O A. M. 1, Name of Insured: CITY OF KENT 2 The estate or interest in the land herein and which is covered by this policy is: A Fee Simple 3. The estate or interest referred to herein is at Date of Policy vested in: CITY OF NENT - 4. The land referred to in this policy is described as follows: SEE SCHEDULE A (NEXT PAGE) ' ` This Policy valid only if Schedule 9 is attached. Page 1 ' CHl`.iAO TITLE INSURANCE COMPAN\ SCHEDULE A (Continued ) Policy No. 1O8919 THAT PORTION OF GOVERNMENT LOT 3, SECTION 22, TOWNSHIP 22 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINQTON, AND OF GOVERNMENT LOTS 2 AND 3, SECTION 23, TOWNSHIP 22 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINgTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT OF THE SECTION LINE BETWEEN SECTIONS 14 AND 23, TOWNSHIP 22 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINgTON, 3559. 9 FEET WEST OF THE CORNER COMMON TO SECTIONS 13, 14, 23 AND 24 OF SAID TOWNSHIP AND RANGE, SAID POINT BEING AT THE INTERSECTION OF SAID SECTION LINE AND THE WEST BOUNDARY LINE OF THE COUNTY ROAD RUNNING ALONG THE RIGHT BANK OF WHITE RIVER AND MARKED BY A ROUND CONCRETE MONUMENT 6 INCHES IN DIAMETER AND 2 FEET LONG, SET 2 FEET IN THE GROUND; RUNNING THENCE SOUTH 9 DEGREES 58' EAST ALONG THE WEST BOUNDARY LINE OF SAID ROAD, 257. 93 FEET TO A POINT MARKED BY A ROUND CONCRETE MONUMENT 6 INCHES IN DIAMETER AND 2 FEET LONG, SET 2 FEET IN THE GROUND; THENCE SOUTH 20 DEGREES 35 ' EAST ALONG THE WEST BOUNDARY LINE OF SAID ROAD 1287. 7 FEET TO A POINT MARKED BY A ROUND CONCRETE MONUMENT 6 INCHES IN DIAMETER AND 2 FEET LONG, SET 2 FEET IN THE GROUND AND 8EI14G THE NORTHEAST CORNER OF A TRACT OF LAND CONVEYED TO OLIVE V. STEWART BY DEED RECORDED IN VOLUME 713 OF DEEDS, PAGE 203, UNDER RECORDING NUMBER 6296141 IN KING COUNTY, WASHINGTON/ THENCE WEST 1967 FEET TO THE TRUE POINT' OF BEGINNING OF THE TRACT HEREIN DESCRIBED; THENCE CONTINUING WEST 235 FEET TO A POINT MARKED BY A ROUND CONCRETE MONUMENT 6 INCHES IN DIAMETER AND 2 FEET LONG, SET 2 FEET IN THE GROUND; THENCE CONTINUING WEST APPROXIMATELY 50 FEET TO THE BANK OF THE WHITE RIVER; THENCE IN A GENERALLY NORTHERLY AND EASTERLY DIRECTION ALONG THE BANK OF SAID RIVER, AND THE WEST BOUNDARY LINE OF GOVERNMENT LOT 3, IN SAID SECTION 22 AND THE NORTHWESTERLY BOUNDARY LINE OF GOVERNMENT LOT 2, IN SAID SECTION 23, OF SAID TOWNSHIP AND RANGE, 1100 FEET, MORE OR LESS, TO AN INTERSECTION WITH A LINE RUNNING NORTH FROM THE PLACE OF BEGINNING; THENCE SOUTH ALONG SAID LINE TO THE TRUE POINT OF BEGINNING; EXCEPT ROADS/ TOGETHER WITH AN EASEMENT FOR RIGHT OF WAY OVER A STRIP OF LAND 15 FEET WIDE, THE SOUTH BOUNDARY OF WHICH IS DESCRIBED AS FOLLOWS: ' BEGINNING AT THE TRUE POINT OF BEGINNING OF THE TRACT OF LAND HEREINABOVE DESCRIBED; THENCE EAST 1967 FEET TO THE NORTHEAST CORNER OF THE TRACT OF LAND CONVEYED TO OLIVE V. STEWART HEREINA8OVE REFERRED TO. ' ` This Policy valid only if Schedule 8 is attached. Page 2 CHI-.`gO TITLE INSURANCE COMPAN� SCHEDULE B Policy No. 1Q8919 This policy does not insure against loss or damage by reason of the following exceptions: ' GENERAL EXCEPTIONS: 1. Rights or claims of parties in possession not shown by the public records. 2. Encroachments, overlaps, boundary line disputes, and any other matters which mould be disclosed by an accurate survey and inspection of the premises. 3. Easements or claims of easements not shown by the public records. 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. 5. Liens under the Workmen 's Compensation Act not shown by the public records. 6. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity or garbage removal. 7. General taxes not now payable, matters relating to special assessments and special levies, if any, preceding the same becoming a lien. 8. (a ) Reservations or exceptions in patents or in Acts authorizing the issuance thereof/ (b ) water rights, claims or title to water. SPECIAL EXCEPTIONS: ( continued on following page) ` Page 3 . ^ CHl.^GO TITLE INSURANCE COMPAN\ SCHEDULE 8 (Continued ) Policy No. 108919 1. ANY QUESTION THAT MAY ARISE DUE TO SHIFTING AND CHA"NGING IN THE COURSE OF THE GREEN RIVER. 2. RIGHT OF THE STATE OF WASHINgTON IN AND TO THAT PORTION, IF ANY OF THE PROPERTY HEREIN DESCRIBED WHICH LIES BELOW THE LINE OF ORDINARY HIGH WATER OF THE GREEN RIVER. 3. ANY PROHIBITION OF OR LIMITATION OF USE, OCCUPANCY OR IMPROVEMENT OF THE LAN[) RESULTING FROM THE RIGHTS OF THE PUBLIC OR RIPARIAN OWNERS TO USE ANY PORTION WHICH IS NOW OR HAS BEEN FORMERLY COVERED BY WATER. 4. GENERAL TAXES: FIRST HALF DELINQUENT MAY 1, SECOND HALF DELINQUENT NOVEM8ER 1 : YEAR: 1987 AMOUNT BILLED: $ 754. 47 AMOUNT PAID: $ 475. 47 AMOUNT DUE: $ 279. 00 TAX ACCOUNT NUMBER: 232204-9035-86 LEVY CODE: 1525 AFFECTS: PORTION NOT PARTIALLY EXEMPT UNDER RCW 84. 36. 381 THROUGH . 389 5. GENERAL TAXES: FIRST HALF DELINQUENT MAY 1, SECOND HALF DELINQUENT NOVEM8ER 1 : YEAR: 1987 AMOUNT BILLED: $ 50. 16 AMOUNT PAID: $ 31. 60 AMOUNT DUE: $ 18. 56 TAX ACCOUNT NUMBER: 232204-9035-03 LEVY CODE: 1525 AFFECTS: PORTION NOT PARTIALLY EXEMPT UNDER RCW 84. 36. 381 THROUGH . 389 End of Schedule 8 Authorized Signatory ' ` Page 4 ` (*) C cago Title Insurance Compa. IMPORTANT:This is not a Plat of Survey. It is furnished as a convenience to locate the land indicated hereon with reference to streets and other land. No liability is assumed by reason of reliance hereon. .� ZZ_ --� ORDER NO. z " /00 o e, r � r0 \ f�,aoo t / R19l- �pfi 1G0 ti 42 � L VVV i � I r Ln — — -- _ — i a ' 1 I1•`'leyd <n o vJ — 3SS. G 26 7 Z�� ,s E'Srt