HomeMy WebLinkAboutPK18-260 - Original - YMCA - Morrill Meadows-Purchase and Sale Agreement - 06/29/2018 KENT Records Management Document
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CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to the City Clerk's Office. All portions are to be completed.
If you have questions, please contact the City Clerk's Office at 253-856-5725.
❑ Blue/Motion Sheet Attached
® Pink Sheet Attached
Vendor Name: YMCA of Greater Seattle
Vendor Number (JDE): _
Contract Number (City Clerk):
Category: Purchase and Sale Agreement
Sub-Category (if applicable): Other
Project Name: YMCA Property Transfer Escrow and Closing Documents
Contract Execution Date: 6/29/2018 Termination Date: N/A
Contract Manager: Hope Gibson Department: Parks
Contract Amount: $5,203.60 _
Approval Authority: ❑ Director ® Mayor ® City Council
Other Details: Escrow and closing documents for the transfer of property to the YMCA,
generally comprising the building footprint and parking area
Division Contract: #PPDN/A
American Land Title Association ALTA Settlement Statement- Combined
Adopted 05-01-2015
File No./Escrow No.: 723205RT Jennie Graddon
Officer/Escrow Officer:Jennie Graddon 20435 72nd Ave. S.
Bldg. 3 ..
Ste. 155 .�
Kent, 21 98032 I 1084iTT _E
(253) 216-1024
Property Address: VACANT LAND
KENT, WA 98032 (KING)
(202205-9101-04)
Borrower: THE YOUNG MEN'S CHRISTIAN ASSOCIATION,A WASHINGTON NONPROFIT CORPORATION
909 4th Avenue
Seattle, WA 98104
Seller: CITY OF KENT, A WASHINGTON MUNICIPAL CORPORATION
220 4th Avenue South
Kent, WA 98032
Settlement Date. 7/16/2018
Disbursement Date: 7/16/2018
From Closing Title - Lender's Title Insurance to Rainier Title, LLC $0.00
Disclosure: Title - Owner's Title Insurance (optional) to Rainier Title, LLC $0.00
(informational only)
Seller Description Borrower
Debit Credit Debit Credit
Title Charges
Title-Lender's Title Insurance to Rainier Title,LLC
Title-Owner's Title Insurance(optional)to Rainier Title,LLC
Title-Owner's Title Insurance(optional)to Rainier Title,LLC $1,926.00
Title-Settlement or closing fee to Rainier Title,LLC-Kent
Title-Owner's Premium Tax to Rainier Title,LLC $192.60
Title-Settlement or closing fee to Rainier Title,LLC-Kent $2,475.00
Government Recording and Transfer Charges
Recording fees Deed$150.00 $150.00
Excise Technology Fee to King County $10.00 $10.00
to $250.00 $250.00
to $200.00 $200.00
Seiler Borrower
Debit Credit Debit Credit
$0.00 $0.00 Subtotals $5,203.60 $0.00
Due From Borrower $5,203.60
$0.00 Due To Seller
$0.00 $0.00 Totals $5,203.60 $5,203.60
Acknowledgement
Well have carefully reviewed the ALTA Settlement Statement and find it to be a true and accurate statement of all receipts
and disbursements made on my account or by me in this transaction and further certify that I have received a copy of the
ALTA Settlement Statement.We/I authorize Jennie Graddon to cause the funds to be disbursed in
accordance with this statement.
BORROWER(S) SELLER(S) �/
SELLER'S AFFIDAVIT
STATE OF )
) ss.
COUNTY OF }
I, being duly sworn under oath hereby depose and
say as follows:
1. 1 am the fmftAA Lejc of the corporation, partnership or trust acting as _
the seller (Seller) o interest in real property (Property) described as the insured
land under title insurance commitment no. 723205RT (Commitment) issued by or
on behalf of Rainier Title (Title Company), and have full and proper authority to
make this affidavit. Furthermore, I have personal knowledge of the facts asserted
herein, or I have acquired such knowledge by due and diligent investigation of all
relevant records and inquiry of persons who I deem reliable who have such
personal knowledge.
2. There are no leases, tenancies, options or rights of first refusal to purchase the
Property, or any part thereof or interest therein that are not now shown on the
Commitment, except:
If none, please initial here:QD
3. There are no recently executed deeds, contracts, leases, easements, mortgages
or other security interests affecting the Property, or any part thereof or interest
therein, whether or not recorded, that are not now shown on the Commitment,
except:
If none, please initial here: )o D
4. No labor or materials have been furnished to the Property for improvements within
the last 120 days, nor have any contracts been entered into for such
improvements, except:
If none, please initial here �
5. Other than items to be paid at the closing, there are no taxes or assessments
which are due or about to become due, or which have attached, or about to
become attached, as a lien affecting the Property, that are not now shown on the
Commitment, except:
If none, please initial here.
6. There are no Judgments against the Seller that could claim any lien upon the
Property, or legal actions now proceeding in which the Seller is a party in any State
or Federal Court that could affect any interest in the Property, or claim any
objection to the proposed sale of the Property, that are not now shown on the
Commitment, except:
If none, please initial here:
7. The partnership or corporation that is the Seller is in good standing under
applicable laws, there are no actions for bankruptcy, receivership or insolvency
pending in any State or Federal Court affecting the Seller, and the contemplated
sale of the Property by said entity is pursuant to proper authority.
8. All service, installation, connection, maintenance or construction charges for
sewer, water, electricity or garbage collection or disposal, or other utilities which
are due or which accrue before the day of closing of the sale will be paid by Seller
directly either at the closing or upon subsequent notification by the purchaser.
I make this affidavit under penalties of perjury and for the purpose of inducing the Title
Company to issue a title insurance policy on the day of closing in conformance with the
Commitment, free and clear of any general exceptions for parties in possession or
unrecorded mechanic's lien claims. The Seller agrees to hold the Title Company harmless
from loss or claims based on title insurance policies issued in reliance upon this affidavit
and arising from inaccuracy in these assurances.
Dated:
SUBSCRIBED AND SWORN TO before me this I J day of VUN
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SELLER,S AFFIDAVIT Page 2
Rainier Title, LLC-Kent
20435 72nd Ave. S., Bldg. 3 Ste 155
F—4. 4ore Kent,WA 98032
RAI N I ERTIT�E ALTA ID#1083645
(253)216-0240 (P)P)
(425)329-2194(F)
kentescrow@rainiertitle.com
DISCLOSURES TO THE PARTIES
UNDER APR-12
July 13, 2018
Re: Escrow Number: 723205RT
Seller: City of Kent, a Washington municipal corporation
Purchaser: The Young Men's Christian Association,a Washington nonprofit corporation
Property Address: Vacant Land, Kent,WA 98032
THIS NOTICE IS GIVEN IN COMPLIANCE WITH LIMITED PRACTICE RULE
FOR LIMITED PRACTICE OFFICERS,KNOWN AS ADMISSION TO PRACTICE
RULE 12 OR APR 12 PROMULGATED BY ORDER OF THE SUPREME COURT
OF THE STATE OF WASHINGTON
In connection with the above transaction I, Jennie Graddon, an employee of Rainier Title, LLC, a lay person and not an attorney or
lawyer, am a Limited Practice Officer under APR 12 and licensed thereby to select, prepare and complete certain types of legal
documents incident to the closing of certain real estate and personal property transactions. Pursuant to said APR 12, you are advised
as follows:
1. Agreement of the Parties. I understand the written agreement delivered to Rainier Title, LLC for closing contains the basic
terms and conditions of the transaction and all the parties to the transaction have agreed thereto in writing.
2. Disclosure of the Parties. The scope of the service I am authorized to render to the parties pursuant to APR 12 is limited to
the selection, preparation and completion of documents in a form previously approved by the Limited Practice Board created
by said APR 12 for use in closing a loan, extension of credit, sale or other transfer of real or personal property. The parties
are further advised:
a) I am not acting as the advocate or representative of either or any of the parties;
b) The following documents will be selected, prepared or completed by me and will affect the legal rights of the parties:
LPO approved forms as identified in the Purchase and Sale Agreement and/or Lender instructions.
c) The parties' interest in the documents may differ;
d) The parties have a right to be represented by lawyers of their own selection; and
e) I cannot give any legal advice as to the manner in which the documents may affect the parties.
3. Advice to Consult Counsel. If any of the parties has any question whatsoever regarding such documents or instruments or
what affect they may have upon his, her,their or its rights and interest such party should consult an attorney or lawyer of such
party's choice, because neither I nor Rainier Title, LLC may lawfully advise any of the parties.
Jennie Graddon, LPO#2514
1 have received and read a copy of the Disclosure, and understand its contents.
Purchaser:
The Young Men's Christian Association, a Washington nonprofit corporation
By:
Marcia Isenberger, Senior Vice President and Co-COO
Seller:
Cit nt, a Washington munici al c rp ration
By:
Dana Ralph, Mayor U�
EXHIBIT "A"
Escrow File No.: 723205RT
Buyer(s): The Young Men's Christian Association, a Washington nonprofit corporation
Seller(s): City of Kent, a Washington municipal corporation
LIMITED PRACTICE BOARD FORMS
SECTION 1: MORTGAGE LENDING DOCUMENTS
All documents approved and designed for use by the Secondary Mortgage Market, including Notes,
deeds of trust and riders. The Secondary Mortgage Market is defined as federally related institutions such as
FNMA, FHLM, and GNMA except Regulation "Z".
SECTION 2: ESCROW DOCUMENTS
LPB No. 10 Statutory Warranty Deed
LPB No. 11 Statutory Warranty Deed (Fulfillment of REC)
LPB No. 12 Quit Claim Deed
LPB No. 13 Deed and Seller's Assignment of Contract
LPB No. 14 Deed and Purchaser's Assignment of Contract
LPB No. 15 Bargain and Sale Deed
LPB No. 16 Special Warranty Deed
LPB No. 20 Deed of Trust (Short Form)
LPB No. 21 Assignment of Deed of Trust
LPB No. 22 Deed of Trust
LPB No. 22A Deed of Trust (with due on sale)
LPB No. 23 Request for Full Reconveyance
LPB No. 24 Request for Partial Reconveyance
LPB No. 28A Promissory Note -
LPB No. 29 Request for Notice
LPB No. 30 Bill of Sale
LPB No. 35 Subordination Agreement
LPB No. 44 Real Estate Contract (Residential Short Form)
LPB No. 45 Real Estate Contract (Long Form)
LPB No. 50 Mortgage
LPB No. 51 Satisfaction of Mortgage
LPB No. 52 Partial Release of Mortgage
LPB No. 60 Satisfaction of Lien
LPB No. 61 Partial Release of Lien
LPB No. 62 Satisfaction of Judgment
LPB No, 63 Partial Release of Judgment
LPB No. 64 Waiver of Lien
LPB No. 65 Partial Waiver of Lien
LPB No. 70 Special Power of Attorney (Sale)
LPB No. 71 Special Power of Attorney (Purchase/Encumber)
LPB No. 72 Use Tax Form
LPB No. 73 Personal Property Security Agreement
LPB No. 74-16Personal Representative Deed
SECTION 3: U.C.C. FORMS
All U.C.C. filing forms accepted by Washington State Department of Licensing
SECTION 4:
x Excise Tax Affidavit Forms; Department of Licensing Forms; Auditor's Cover Sheet; Internally
approved Security Agreement Forms
SECTION 5: FARMERS HOME ADMINISTRATION FORMS
All documents approved and designated for use by the United States Department of Agriculture
Farmers Home Administration in connection with closing an FMHA loan on residential property.
INITIALS:
�av
Rainier Title, LLC - Kent
20435 72nd Ave. S., Bldg. 3 Ste 155
Kent,WA 98032
ALTA ID# 1083645
FMI N I E RTITLE
(253)216-0240 (P)
(425)329-2194(F)
kentescrow@rainiertitle.com
July 13, 2018
Re: Escrow Number: 723205RT
Seller: City of Kent, a Washington municipal corporation
Purchaser/ Borrower: The Young Men's Christian Association, a Washington nonprofit
corporation
Property Address: Vacant Land, Kent, WA 98032
The undersigned Purchaser(s) and Seller(s) certify that all conditions included within and/or added to that
certain JOINT ESCROW INSTRUCTIONS dated 6/28/2018 and ADDENDUM TO JOINT ESCROW
INSTRUCTIONS dated 7/13/2018, between the undersigned Purchaser(s) and Seller(s) has/have waived,
met or completed to their satisfaction.
The undersigned hereby agree to the closing of the transaction in accordance with the purchase and
sellers escrow instructions.
PURCHASERS:
The Young Men's Christian Association, a Washington nonprofit corporation
By:
Marcia Isenberger, Senior Vice President and Co-COO
SELLERS:
City of Kent, a Washington munici rporation
By:
Dana Ralph, Mayor
Rainier Title, LLC-Kent
20435 72nd Ave. S., Bldg.3 Ste 155
Kent,WA 98032
ALTA ID#1083645
RAI N I E RTITLE (253)216-0240 (P)
(425)329-2194(F)
kentescrow@rainiertitle.com
Escrow File No.: 723205RT
Purchasers(s): The Young Men's Christian Association, a Washington nonprofit corporation
Seller(s): City of Kent, a Washington municipal corporation
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 Rainier Title, LLC. (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. If the Purchase and Sale Agreement provides that a commission is due at
closing, the Company will require payment of the commission according to the broker's demand, which will
be furnished at the closing agent's request. 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 should obtain an addendum
setting forth the legal description as soon as possible and deliver it to the closing agent.
Closing Date. Unless otherwise described in the parties' agreement, the closing date shall be
considered to be the date on which the legal documents are recorded and the funds are available for
disbursement.
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 content 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
deposited with the closing agent shall be deposited in an escrow trust account with a bank doing business
in the State of Washington.
The parties hereby acknowledge that except as provided by Supreme Court Admission to Practice
Rule 12.1 and 12.1 (h) adopted in 1995, the money deposited with closing agent by them in connection
with this escrow will be further deposited into a non-interest bearing account with a financial institution
("the funds depository")whose deposits are covered by FDIC insurance. The parties further acknowledge
that in calculating the amount of available insurance, the FDIC will consolidate moneys deposited under
Page 1 of 6
this escrow with all other funds of the undersigned which are on deposit with the funds depository. The
parties do therefore release closing agent from any liability and assume all responsibility for any loss to
themselves which may result from a lack of FDIC insurance in excess of $250,000.00. The parties
acknowledge that the Closing Agent may receive incidental benefits from the financial institution based on
the existence of its escrow trust account deposits.
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. RCW 18.44.070 provides that
an escrow agent shall not make disbursements until the next business day after the business day on
which the funds are deposited unless the deposit is made in cash, by interbank electronic wire transfer, or
in a form that permits conversion of the deposit to cash on the same day the deposit is made. All
disbursements shall be made by the closing agent's check or, if the payee so instructs in writing, by
electronic wire transfer.
Funds will be disbursed as quickly as possible following closing. In many instances disbursement
will occur on the next business day. International wire transfers may not be disbursed until the second
business day following closing. Rainier Title will not be responsible for accrual of interest, late fees, or
other charges for which you are responsible in the interim.
Settlement Statement. The closing agent is instructed to prepare a preliminary, estimated
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, which
appear on the Title Report, shall be made on the basis of a 365 day year, unless the closing agent is
otherwise instructed in writing.
Title Insurance. The closing agent shall order or obtain copies and forward to the parties as
applicable, a Preliminary Commitment for the Title Insurance on the property (referred to herein as "the
title report"), together with copies of the exceptions noted thereon. The parties shall be responsible to
review these items for accuracy, a verification of the legal description, and to determine their acceptability
for purposes of closing.
Verification of Existing Encumbrances. The closing agent is permitted to request a written
statement from the holder of each existing encumbrance on the property, verifying 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. The
Closing Agent may further rely upon any verbal update to a written payoff statement provided by an
existing lender and the borrower agrees to indemnify Closing Agent for payoff amounts which may be
regarded as incomplete or inaccurate by the lender upon receipt.
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' designated attorneys, and to their real estate agent, the designated lender, loan broker and title
insurance company involved in the transaction.
Records Retention. Unless otherwise prescribed by law, the closing agent may destroy after six
(6) years from the closing date hereof, these and records, agreements and instruments relating to the
closing of this transaction, including all documentation and accounting information, excluding however,
any and all loan documents.
Closing Agent's Fees and Expenses. The closing agent's fee is intended as compensation for
the usual closing services as set forth in these instructions. If additional services are requested or
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
Page 2 of 6
costs and expenses incurred by it under these instructions, including but not limited to excessive fax
costs, electronic wire transfer costs and courier fees.
Cancellation. These instructions may be canceled by a written agreement, signed by all of 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, at 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.
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.
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 agents' 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.
Undisclosed Sewer Charges. Buyer and seller acknowledge that the subject property may be
located within one of those participating cities or sewer districts which have entered into a special
contractual relationship with the Metro Council which may allow Metro to levy a fee or charge an additional
service fee. Buyer and Seller agree that any adjustment shall be handled outside of closing and Escrow
Closer shall be held harmless with respect to any such"capacity charge".
Real Estate Disclosure. A Residential Real Estate Sales Disclosure may be required to be
furnished by the seller to the buyer before the closing of the sale of subject property in accordance with
Title 64 RCW, enacted 1994 and as amended. Escrow Closer has not advised either party as to the
scope of such disclosure or the parties' rights or duties thereunder, but has advised both parties to review
these matters with their real estate agent or an attorney of their choice. Escrow Closer is hereby assured
by the buyer that any disclosure required, including any disclosure relative to Farm and Timber, Asbestos
Page 3 of 6
or Lead Base Paint, has been received and the appropriate time has expired and Escrow Closer has no
duty to independently confirm such receipt and time expiration by buyer.
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 in writing, 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. If the Purchase and Sale Agreement lists the names and addresses of public utilities
which could claim a lien, the Closing Agent shall request statements for payment of final or estimated
billings and is instructed to pay the amounts demanded by such designated public utilities. In the event
such designated public utilities do not provide the payment information within the time allowances
prescribed by law, Closing Agent shall have no further responsibility to the parties for the payment of said
utilities, and shall not be required to pay them, and seller agrees to discharge said utilities outside of
escrow. All other orders, cancellations, transfers, payments and adjustment of accounts for installation or
service of water, sewer, garbage collection, electricity, gas, fuel oil, telephone, television cable and any
other utilities for public services, including installation fees, will be completed by the parties outside of
escrow. Unless specifically instructed in writing by one or more parties in accordance with State of
Washington RCW 60.80, all orders, cancellations, transfers, payments and adjustments 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 may 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, and will provide
evidence of the required insurance coverage to the closing agent before the closing date, together with a
paid premium receipt or an authorization to pay the premium through escrow.
Possession of the Property. The transfer of possession of the property shall be arranged
between the parties, or through their respective real estate agents, 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.
1099-S Reporting of Sellers Proceeds. In compliance with the Tax Reform Act of 1986, Internal
Revenue Code Sections 6045(e), 6676, 6722, 6723, and 7203 and as further amended, seller shall
provide all information necessary, including Seller's Taxpayer Identification Number (TIN), for the
preparation of a Form 1099-S as required by the Internal Revenue Service in connection with the closing
and completion of the transaction. Closing agent reserves the right not to close the escrow if adequate
information to complete Form 1099-S is not provided by the seller.
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 such act, unless directed by the parties
in writing. However, the closing agent may request additional information or documentation concerning
sellers' foreign status, and the parties agree to cooperate by providing such information and
documentation.
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
Page 4 of 6
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 rights and responsibilities, if any, under the Consumer Protection Act, Truth-in-Lending 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.
Additional Agreements, Instructions and Disclosures:
PURCHASER AND SELLER BOTH ACKNOWLED THAT ITEMS 16-40 AND ALL 2018 TAXES OF
TITLE REPORT(ATTACHED) WILL RUN WITH TITLE AND BE A PART OF THE TITLE INSURANCE
PROVIDED, EVEN THOUGH THEY ARE NOT ALL INCLUDED IN THE QUIT CLAIM DEED DEPOSTED
INTO ESCROW ON BEHALF OF THE CITY. THE QUIT CLAIM ONLY INCLUDED ITEMS 17-40
SHOWING AS ITEMS 1-25
Any additional instructions noted below or attached by addenda are hereby incorporated into these instructions and
made a part hereof.
Purchaser
The Young Men's Christian Association, a Washington nonprofit corporation
By:
Marcia Isenberger, Senior Vice President and Co-COO
Seller
City of ent, a Washington muni a poration
By:
Dana Ralph, Mayor
Accepted By:
Jennie Graddon
Rainier Title, LLC
Page 5 of 6
PRIVACY POLICY
We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with
certain information. We understand that you may be concerned about what we will do with such
information—particularly any personal or financial information. We agree that you have a right to
know how we will utilize the personal information you provide to us. Therefore,we have adopted
this Privacy Policy to govern the use and handling of your personal information.
Applicability
Depending upon which of our services you are utilizing, the types of nonpublic personal
information that we may collect include:
• Information we receive from you on applications, forms and in other communications to us,
whether in writing, in person, by telephone or any other means;
• Information about your transactions with us, our affiliated companies, or others, and
• Information we receive from a consumer reporting agency.
Use of Information
We request information from you for your own legitimate business purposes and not for the
benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated
parties except: (1) as necessary for us to provide the product or services you have requested of
us; or (2) as permitted by law. We may, however, store such information indefinitely, including
the period after which any customer relationship has ceased. Such information may be used for
any internal purpose, such as quality control efforts or customer analysis. We may also provide
all of the types of nonpublic personal information listed above to one or more of our affiliated
companies. Such affiliated companies include financial service providers, such as title insurers,
property and casualty insurers, and trust and investment advisory companies, or companies
involved in real estate services, such as appraisal companies, home warranty companies and
escrow companies.
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your
information. We restrict access to nonpublic personal information about you to those individuals
and entities who need to know that information to provide products or services to you. We will
use our best efforts to train and oversee our employees and agents to ensure that your
information will be handled responsibly and in accordance with this Privacy Policy. We currently
maintain physical, electronic, and procedural safeguards that comply with federal regulations to
guard your nonpublic personal information.
Page 6 of 6
Rainier Title, LLC-Kent
20435 72nd Ave. S., Bldg. 3 Ste 155
Kent,WA 98032
ALTA ID#1083645
RAI N I ERTITLE (253)216-02 (P)
(425)329-2194(F)
kentescrow@rainiertitle.com
Escrow File No.: 723205RT
Purchasers(s): The Young Men's Christian Association, a Washington nonprofit corporation
Seller(s): City of Kent, a Washington municipal corporation
Supplement To
AGREEMENT AND ESCROW INSTRUCTIONS
For Purchase and Sale Transaction
Including Instructions to Record Documents and Disburse Funds
This supplement is 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 OR WILL DEPOSIT THE FOLLOWING DOCUMENTS WITH THE CLOSING
AGENT UNDER THESE INSTRUCTIONS:
Statutory Warranty Deed
X Real Estate Excise Affidavit
X QUITCLAIM DEED
THE BUYER HAS OR WILL DEPOSIT THE FOLLOWING DOCUMENTS WITH THE CLOSING
AGENT UNDER THESE INSTRUCTIONS:
Promissory Note
Deed of Trust
Loan Documentation Required by Lender
X Real Estate Excise Tax Affidavit
X Sufficient Funds to Close
BY SIGNING THIS DOCUMENT, EACH PARTY ACKNOWLEDGES:
Conditions of Parties' Agreement Satisfied. All terms and conditions of the parties' Purchase
and Sale Agreement have been met to my satisfaction, or will be met, satisfied or complied with outside of
escrow, and closing agent shall not be further concerned.
Title Report Approved. The Preliminary Commitment for Title Insurance, including the legal
description of the property and all attachments and supplements to that report, issued by Rainier Title,
LLC under order number 723205RT are approved by me and made a part of these instructions by this
reference.
Settlement Statement Approved. The preliminary, estimated 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, the
Page 1 of 3
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 review the seller's written disclosure
statement, if any, and 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 and 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.
Assumed Encumbrances Approved. I have had adequate opportunity to review the terms of
payment, interest rates and conditions of any existing notes, deeds of trust, mortgages, contracts,
assessments, or other debts or obligations that I will assume and agree to pay in this transaction, and
hereby approve the same.
THE CLOSING AGENT IS INSTRUCTED TO PROCEED AS FOLLOWS:
Instructions 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 $0.00, to be disbursed according to the
settlement statement.
2. Loan proceeds for the buyer's account in the sum of, to be disbursed according to the
settlement statement.
3. A policy of title insurance issued pursuant to the Preliminary Commitment for Title Insurance
referred to above, insuring the buyer with ALTA Standard Coverage Owner's Policy
(06/2006)coverage with liability of not less than $0.00, 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: ALL 2018 TAXES (5 CURRENT PARCELS) 16-40
4. Such other policies of title insurance as may be required by any lenders that are providing
financing for the transaction, in accordance with instructions from them.
Completion or Correction of Documents. The closing agent is permitted to correct any obvious
or typographical errors found in any document deposited under these instructions, and to insert as
necessary the closing date, the date on which interest begins to accrue, and the dates on which payments
must be made, if such items are incomplete. If necessary, the closing agent is authorized to substitute the
vesting page of the executed conveyance deed to amend grantee's (buyer's) names and/or vesting in the
event the buyer or their lender uses a different variation for final closing.
Adjustments and Pro-rations. The closing agent is instructed to adjust and pro-rate as of the
closing date, real estate taxes for the current year, recurrent assessments if any.
E-mail Transmission. Escrow Agent will communicate to the parties using e-mail if that address
is provided by the parties on these instructions or on the P&SA given to the Escrow Agent, or if the parties
communicate directly with the Escrow Agent using e-mail. Email transmission of any signed original
document and retransmission of any signed email transmission, shall be the same as delivery of an
original.
Page 2 of 3
BY SIGNING THIS DOCUMENT, EACH PARTY ACKNOWLEDGES:
Standard of Care. It is agreed that closing agent, as escrow holder, shall be responsible only for
the exercise of ordinary care in following the instructions contained herein and is hereby released from any
further or additional liability. Seller agrees jointly and severally with buyer to indemnify and hold closing
agent harmless from and against any loss or damage that may result from closing agent completing this
transaction in accordance with these instructions, and to pay on demand all costs, damages, judgments,
attorneys' fees, expenses, obligations and liabilities of every kind and nature suffered or incurred in
connection with or arising out of this escrow except any liability founded upon failure to exercise ordinary
care in following the instructions contained herein.
Advice to Consult Counsel. It is understood by the parties signing these escrow instructions or
those instructions, which are attached or subsequent, hereto that such instructions constitute the whole
agreement between closing agent and you as principal to the escrow transaction. These instructions may
not include all the terms of the agreement, which is the subject of this escrow. Read these instructions
carefully and do not sign unless they are acceptable to you. Review all questions of a legal nature with
your own attorney.
By our signature below we hereby designate Rainier Title to be the closing agent.
Purchaser/Borrower:
The Young Men's Christian Association, a Washington nonprofit corporation
By:
Marcia Isenberger, Senior Vice President and Co-COO
Seller
City of Kent, a Washington mu al corporation
By:
Dana Ralph, Mayor
Page 3 of 3
O ;,tt tie tit rtyt
E'VelqtUe REAL ESTATE EXCISE TAX AFFIDAVIT
w�,hinrjeare ssasr This form is your receipt when
PLEASE TYPE OR PRINT CHAPTER 82.45 RCW-CHAPTER 458-61 A WAC stamped by cashier.
THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETED
(See back of last page for instructions)
❑ Check box if partial sale of property If multiple owners,list percentage of ownership next to name.
The Young Men's Christian Association,a Washington
Name 'City of Kent, a Washington municipal corporation Name nonprofit corporation
z Mailing Address 2204th Ave South Mailing Address 909 41h Avenue
ce City/State/Zip Kent,WA 98032 m City/State/7.ip Seattle,WA 98104
Phone No.(including area code) Phone No.(including area code)
Send all property tax correspondence to:XSame a Buyer/Grantee List all real and personal property tax parcel List assessed value(s)
aCCOLmt numbers—check box if personal property
The Young glen's Christian Association,a
Name Washington nonprofit corporation
202205-9101-04 $0.00❑
Mailing Address 909 4th Avenue
City/State/lip Seattle,WA 98104
Phone No.(including area code)
0 Street address of property: Vacant Land,Kent,WA 98032
This property is located in City of KENT
❑Check box if any of the listed parcels are being segregated from another parcel.are part of a boundary line adjustment or parcels being merged
Legal description of property: SEE ATTACHED EXHIBIT A
List all personal property(tangible and intangible)included in selling
Select Land Use Code(s): 11 price.
(See back of last page for instructions) YES No
Was the seller receiving a property tax exemption or deferral under
chapters 8436,8437,or 8438 RCW(nonprofit organization, I t l X)
senior citizen or disabled person,homeowner with limited
income)?
Yt:S No If claiming an exemption. list WAC number and reason for exemption:
is this property designated as forest land per chapter 84.33 RCW? ( I I X I WAC No.(Section/Subsection) 458-61A-205(2)
Is this property classified as current use(open space,farm and
agricultural,or timber)land per Chapter 84.34? I I I X] Reason for exemption:
Is this property receiving special valuation as historical property
per chapter 84.26 RCW? i t I X 1 Government Seller
If any answers are yes.complete as instructed below.
(1)NOTICE OF CONTINUANCE(FOREST LAND OR CURRENT USE) Type of Document Statutory Warranty Deed
NEW OWNER(S):To continue the current designation as forest land or
classification as current use(open space,farm and agriculture,or timber) Date of Document June 29th,2018
land.you must sign on(3)below. The county assessor must then Gross Selling Price $0.00
determine if the land transferred continues to qualify and will indicate by *Personal Property(deduct)
signing below.If the land no longer qualifies or you do not wish to Exemption Claimed(deduct)
continue the designation or classification.it will be removed and the
compensating or additional taxes will be due and payable by the seller or Taxable Selling Price $0.00
transferor at the time of sale. (RCW 84.33.140 or RCW 84.34.108).
Prior to signing(3)below.you may contact your local county assessor
Excise'Tax: State _ $0.00
for more information.
This land [ ] does [ ] does not qualify for continuance. �- 0.0000 Local $0.00
*Delinquent Interest: State
DEPUTY ASSESSOR DATE Local
(2)NOTICE OF COMPLIANCE(HISTORIC PROPERTY) *Delinquent Penalty
NEW OWNER(S): To continue special valuation as historic property. Subtotal $0.00
sign(3)below. If the new owner(s)do not wish to continue.all
additional tax calculated pursuant to chapter 84.26 RCW,shall be due *State Technology Fee $5.00
and payable by the seller or transferor at the time of sale. *Affidavit Processing Fee $5.00
Total Due $10.00
EXHIBIT A
That portion of the Southwest quarter of the Southwest quarter of the Northeast quarter in
Section 20,Township 22 North,Range 5 East,W.M.,and of Lot 25 of R.O.Smith's Orchard
Tracts Addition to Kent as recorded in Volume 12 of Plats,page 27,in King County,
Washington,and that portion of 108th Avenue Southeast,as vacated by City of Kent Ordinance
No.3766,under Recording No.20060110000426 more particularly described as follows:
COMMENCING at the East quarter corner of said Section 20,Township 22 North,Range 5 East,
W.M.;
THENCE North 88'43'15"West,along the South line of the North half of said Section,a
distance of 2,355.69 feet;
THENCE North 1°16'45"East,perpendicular to said South line,30.00 feet to the North margin of
Southeast 248th Street,and the Point of Beginning;
THENCE,continuing,North l°16'45"East,323.00 feet to the North line of the South 353.00 feet
of the North half of Section 20;
THENCE North 88043'15" West,along said North line,297.28 feet;
THENCE South 19645"West,perpendicular to said South line,213.00 feet,to the North line of
the South 140 feet of the North half of Section 20;
THENCE South 88'43'15"East,along said North line,252.28 feet;
THENCE South 1°16'45"West,perpendicular to said South line, 110.00 feet,to the North
margin of Southeast 248th Street;
THENCE South 88'43'15"East along said North margin 45.00 feet to the Point of Beginning;
(ALSO KNOWN AS Lot A,City of Kent Lot Line Adjustment No.LL-2018-2,recorded under
Recording No.20180613001395,being a correction of Recording No.20180601000444).
®r.
the FOR YOUTH DEVELOPMENT
FOR HEALTHY LIVING
FOR SOCIAL RESPONSIBILITY
July 13, 2018
Jennie Graddon
Rainier Title
1501 4th Ave., Suite 300
Seattle, WA 98101
RE: ADDENDUM to Joint Escrow Instructions—City of Kent and The Young
Men's Christian Association of Greater Seattle
Dear Ms. Graddon:
Please allow this letter to serve as an ADDENDUM to the Joint Escrow Instructions
dated June 28, 2018 that were provided to you by Pacifica Law Group, on behalf of The
Young Men's Christian Association ("YMCA") and the City of Kent ("City") concerning
the City's conveyance of the property described in the Rainier Title ALTA Commitment
for Title Insurance, No. 723205RT.
As stated in the Joint Escrow Instructions, the YMCA shall pay for all title insurance
premiums, recording fees, and other closing costs associated with the recording.
As a non-profit public benefit corporation, the YMCA is exempt from property taxes on
the parcels being conveyed (see WAC 458-16-210 and WAC 458-20-280). In the
event any property taxes are deemed to be owed in association with this transaction,
they will be the responsibility of the YMCA. Both parties are aware that the tax parcel
numbers associated with this transaction are not up-to-date due to all the activity
involved in creating the new parcel; there will be no pro-rations or collections of taxes
by escrow in this transaction.
On page 2 of the Joint Escrow Instructions, the parenthetical reference to deeds of
right in favor of"the State of Washington and its Recreation and Conservation Office"
specifically refer to paragraphs 31, 36, and 37 of the Title Report. Those paragraphs
will show on the title policy, but the YMCA will work with the City outside of the closing
process to get them removed from title in a timely manner. In the event they are not
removed, the YMCA will hold Rainier Title harmless.
The title insurance being provided by Rainier Title applies only to the parcel of land
being conveyed to the YMCA by the City in the Quit Claim Deed; the other Recordable
Agreements attached to the Joint Escrow Instructions describing other leased parcels
and improvements are being recorded by Rainier Title as a courtesy only.
YMCA OF GREATER SEATTLE
909 4th Avenue;Seattle,WA 98 104
P 206 382.5000 F 206 387. 7283 seattleymca.org
Page 2
The YMCA formally requests a closing date on or before Monday July 16, 2018, and will
remit any required funds at that time.
Once again, thank you for your assistance with this transaction. If there are any
questions concerning the above, please contact me at (206) 851-5084.
Sincerely,
Nathan D. Phillips
Regional VP
The City of Kent:
By: b
Date:
T 20&24S.1700
Avenue. 2000
PACIFICA Seattle,WA 98101-3404 LAW GROUP paciflcalawgroup.com
John S. De Lanoy
john.delanoy@pacificalawgroup.com
June 28, 2018
(VIA EMAIL jennieg@rainiertitle.com)
Jennie Graddon
1501 4tll Ave.
Suite 300
Seattle, Washington 98101
Re: Joint Escrow Instructions-City of Kent and The Young Men's Christian Association of
Greater Seattle
Dear Jennie:
This firm represents the City of Kent("City") in connection with the City's conveyance of the Property
(as defined below), for $0.00, to The Young Men's Christian Association of Greater Seattle ("YMCA").
Additionally, the City and the YMCA are entering into certain leases with respect to adjacent property
which will be evidenced by one or more memorandums of lease. The foregoing transaction is referred to
herein as the "Conveyance." This letter constitutes joint escrow instructions from the City and the
YMCA.
The real property("Property") is legally described in the Rainier Title ALTA Commitment for Title
Insurance,No. 723205RT. The City and the YMCA are requesting Rainier Title("Escrow")to act as
escrow agent for purposes of recording the documents referenced below and to issue an owner's policy to
the YMCA with respect to the Property. Other than recording fees,escrow fees and the premium
associated with the foregoing title policy, no other funds will flow through Escrow.
For purposes of closing the Conveyance,executed originals of the following documents have been or will
be delivered to you by the City and the YMCA(collectively, the"Conveyance Documents"):
A. Quit Claim Deed ("Deed")executed by the City;and
B. Real Estate Excise Tax Affidavit executed by the City("REETA");
C. Memorandum of Ground Lease("Ground Lease Memo");
D. Memorandum of Project Lease Agreement("Project Lease Memo").
The Deed,Ground Lease Memo and the Project Lease Memo shall be referred to herein as the
"Recordable Documents."
19003 99999 9ml5df23yz
Page 2
(Following closing of the Conveyance,the City will work to remove any deeds of right encumbering the
Property in favor of the State of Washington and its Recreation and Conservation Office and will work
with Rainier Title to have such releases recorded on title to the Property.)
You are authorized to record the Recordable Documents upon satisfaction of the following conditions:
a You have entail or telephonic confirmation to record from Tammy White,on behalf of
the City of Kent,and from Nathan Phillips,on behalf of the YMCA.
b, You have received from the YMCA sufficient funds to cover recording fees,escrow fees
and title policy premiums;
C. You are prepared to issue an Owner's PoKcy of Standard Coverage Title Insurance for
the Property in an amount separately identified by the YMCA showing the YMCA as the
insured.
Following recording of the Recordable Documents,please confine that recording has been completed via
email to iohn delanoXna.nacificalawgoun com.nphillipslalseattlexmca ora and TWhite@kentwa.gov.
Within twenty-four(24)hours after recording the foregoing documents,please deliver to the undersigned
a conformed copy of the recorded documents.
All title premiums,recording fees and title premiums relating to the Conveyance shall be paid by the
YMCA.
If there are any questions concerning the above,please contact me at(206)602-1205.
Very truly yours,
Pac, Ica w uLwf
3o S. De Lanoy, o e City V
YMCA:
The Young Men's Christian Association of Greater
Seattle
By:
its:
Consented to:
Rainier Title
By:
Its:
10003 99999 gm15df23yz
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Kent
Attn: Kent City Clerk
220 Fourth Avenue South
Kent, WA 98032
QUIT CLAIM DEED WITH GRANTEE COVENANTS,RELEASES AND INDEMNITY
Reference numbers of related documents: N/A
GRANTOR: CITY OF KENT, a Washington municipal corporation
GRANTEES: THE YOUNG MEN'S CHRISTIAN ASSOCIATION OF
GREATER SEATTLE, a Washington public benefit corporation
ABBREVIATED
LEGAL: Adjusted Lot A, City of Kent Lot Line Adjustment No. LL-2018-2,
recorded under Recording No. 20180613001395
Situate in the County of King, State of Washington.
ASSESSOR'S TAX
PARCEL NO(S): 202205-9101-04, 202205-9186-02, 202205-9211-01, 783080-0410-
08 and 202205-9239-09
I. Grant.
The Grantor, City of Kent, a Washington municipal corporation("Grantor"), for and in
consideration of Ten Dollars ($10.00), in hand paid, the covenants, releases and indemnity set
forth herein, other consideration in the form of Grantee's (as defined below) covenant to design
and construct a multi-purpose community facility consisting of a gymnasium,community meeting
rooms, and a six-lane, twenty-five yard swimming pool and to provide the Community Benefits
as defined and set forth in the Development Agreement dated of even date herewith between the
parties (the"Development Agreement"), and that certain Project Lease Agreement between the
Grantor and Grantee, hereby conveys and quit claims to The Young Men's Christian Association
of Greater Seattle, a Washington public benefit corporation ("Grantee"),that certain real
property located in King County, Washington, and legally described on Exhibit A attached
hereto ("Property"), subject to:
a. All agreements,covenants,encumbrances and restrictions of record including
without limitation,the exceptions described on Exhibit B attached hereto;
b. the condition that in the event the Grantee ceases to use the Property primarily for
the construction,operation and/or maintenance of a multi-purpose community
facility to be located thereon and consisting of,among other things, a gymnasium,
community meeting rooms,and swimming pool,then the Property shall revert to the
Grantor,or its assigns,free and clear of any claims of the Grantee;and
c. the terms and conditions set forth below.
Grantee's Covenants, Releases and Indemnity ("Covenant")
The Property is conveyed AS-IS, WHERE-IS, WITH ALL FAULTS, AND
WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR
IMPLIED, AS TO ITS CONDITION, ENVIRONMENTAL OR OTHERWISE, OR ITS
SUITABILITY OR SUFFICIENCY FOR THE GRANTEE'S INTENDED USES AND
PURPOSES. Grantee acknowledges that adverse physical, economic or other conditions
(including without limitation, adverse environmental soils and groundwater conditions), either
latent or patent, may exist on the Property and assumes Grantor's responsibility for all
environmental conditions of the Property, known or unknown, including but not limited to
responsibility, if any, for investigation, removal or remediation actions relating to the presence,
release or threatened release of any Hazardous Substance as defined in the Development
Agreement or other environmental contamination on, under, emanating from or otherwise
relating to the Property, except to the extent the Grantor has expressly agreed, in the event of a
Significant Unexpected Underground Conditions, to pay for the incremental increase in Project
Costs caused by the Significant Unexpected Underground Conditions in excess of ten percent of
the Project Budget all as defined and set forth in the Development Agreement.
Grantee also releases, covenants not to sue, and shall indemnify, defend, and hold
Grantor and its past, present and future officials, employees, and agents, harmless from and
against any and all claims,demands,penalties, fees, damages, losses, expenses (including but not
limited to fees and costs of regulatory agencies, attorneys, contractors and consultants), and
liabilities arising out of, or in any way connected with, the condition of the Property including
but not limited to any alleged or actual past, present or future presence, release or threatened
release of any Hazardous Substance in, on, under or emanating from the Property, or any portion
thereof or improvement thereon, from any cause whatsoever; it being intended that Grantee shall
so indemnify Grantor and such other persons without regard to any fault or responsibility of
Grantor, Grantee, or such other persons, except to the extent the Grantor has expressly agreed, in
the event of a Significant Unexpected Underground Conditions, to pay for the incremental
increase in Project Costs caused by the Significant Unexpected Underground Conditions in
excess of ten percent of the Project Budget all as defined and set forth in the Development
Agreement. Grantee is aware of the rights it might otherwise have to seek recovery from Grantor
for costs of remediation and cleanup of Hazardous Substances under applicable law, including
without limitation the Washington Model Toxics Control Act ("MTCA") and the federal
Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), and
Grantee hereby knowingly waives all such rights, now existing or hereafter arising, and
voluntarily relinquishes those rights and forever releases the Grantor from any such obligation.
Grantee's release and covenant not to sue shall include both claims by Grantee as
original plaintiff against Grantor and any cross-claims, third-party claims or counterclaims
claims against Grantor by Grantee related to claims made against Grantee by any parties,
including Grantor. This release and covenant not to sue mean that Grantee has no recourse
against Grantor or any of its officers, employees or agents for any claim or liability with respect
to the Property. The obligation to indemnify and defend shall include, but not be limited to, any
liability of Grantor to any and all federal, state or local regulatory agencies or other persons or
entities for remedial action costs and natural resources damages claims.
This Covenant shall apply regardless of whether or not Grantee is culpable, negligent
or in violation of any law, ordinance, rule or regulation, and whether or not Grantor or its
officials, employees or agents had as of the date hereof any information or documents related to
the condition of the Property not known to Grantee, any statement or omission in any other
document or disclosure form notwithstanding.
This Covenant is the entire agreement of the parties with respect to the subject matters
of this Covenant, and supersedes any prior agreements, understandings, representations ,or
warranties as to such matters; however, the release and indemnity herein are in addition to, and
shall neither impair nor be .affected by, any other release or indemnity by Grantee or its
successors now in effect or hereafter made for the benefit of Grantor.
This Covenant is not intended to, nor shall it release, discharge or affect any rights or
causes of action that Grantor or Grantee may have against any other person or entity, except as
otherwise expressly stated herein, and each of the parties reserves all such rights including, but
not limited to, claims for contribution or cost recovery relating to any Hazardous Substance in,
on, under or emanating from the Property.
II. Nondiscrimination.
Grantee further covenants that there shall be no discrimination upon the basis of race,
color, religion, sex, or national origin, in the sale, lease or rental, or in the use or occupancy, of
the Property or any improvements erected or to be erected thereon. This paragraph shall run
with the land and bind Grantee and Grantee's successors and assigns.
This document shall be construed and enforced in accordance with the laws of the State
of Washington as they apply to transactions between Washington residents wholly within such
State. If any provision hereof shall be held invalid or unenforceable in whole or in part then the
terms of this Covenant shall nonetheless remain in effect to the full extent permitted by
applicable law. Grantee irrevocably consents to the jurisdiction of the courts of the State of
Washington and agrees that venue of any action hereunder shall be in King County, Washington.
III. Miscellaneous.
Time is of the essence of all of the provisions hereof.
IV. Notices.
Any notice required or permitted to be given to the parties hereunder shall be in writing
and shall be deemed to have been given upon (i) hand delivery, (ii) one (1) business day after
being deposited with Federal Express or another reliable overnight courier service, with receipt
acknowledgment requested, (iii) upon receipt if transmitted by facsimile telecopy, with a copy
sent on the same day by one of the other permitted methods of delivery, or (iii) upon receipt or
refused delivery deposited in the United States mail,registered or certified mail, postage prepaid,
return receipt required, and addressed as follows:
Grantor's Address:
The City of Kent
Attn: City Attorney
220 Fourth Avenue South
Kent, WA 98032
Grantee's Address:
YMCA of Greater Seattle
Attention: SKC Regional Vice President
900 4th Avenue
Seattle, WA 98104
[Signatures appear on following page]
Signature page to Quit Claim Deed
This Quit Claim Deed is dated this day of�2018.
GRANTOR:
City of Kent, a Washington muni ' I corporation
By:
Name: Q
Its:
GRANTEE:
The Young Men's Christian Association of Greater
Seattle
By:
Name: D +-
Its:
•l 4_
STATE OF WASHINGTON )
ss.
COUNTY OF KING ) ,�} ®�J
On this daypersonally appeared before me .�A1>a- L1�-►' , to me known to be
Oy of the City of Kent, a Washington municipal
corporation,that executed the within and foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said company, for the uses and purposes
therein mentioned, and on oath stated that said individual is authorized to execute said
instrument.
GIV %%and and official seal this 29 day of June, 2018.
aaAg1qu
%Ll- Name( es
/�i/ O,r'�18„w,0r NOTARY PUBLIC in and for the State of
hl�t�ll'VASH;NG��•� Washington, residing at !�
My commission expires:
STATE OF WASHINGTON )
ss.
COUNTY OF KING ) /� �► "
On this day personally appeared before me 1�f"tJ-Gut��•� ,Jr,to me
known to be -f- - c{' 10�D of The Young Men's Christian Association of
Greater Seattle,a Washingt n public benefit corporation, that executed the within and
foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and
deed of said company, for the uses and purposes therein mentioned,and on oath stated that said
individual is authorized to execute said instrument.
GIVEN under my hand and official seal this day of 2018.
AN l illy// Name: WM
L I�(
Ne'l� //i� NOTARY PUBLIC m and forte State of
Res Z Washington, residing at
y ` • My commission expires: ?�
y N1 Avat�G s S
�I 7 4tip�5.29-19=C.
///N�tOPIWASN��•�.•
Exhibit A
Legal Description of Kent YMCA Land
That portion of the Southwest quarter of the Southwest quarter of the Northeast quarter in Section 20,
Township 22 North, Range 5 East, W.M., and of Lot 25 of R.O. Smith's Orchard Tracts Addition to Kent
as recorded in Volume 12 of Plats, page 27, in King County, Washington, and that portion of 108th
Avenue Southeast, as vacated by City of Kent Ordinance No. 3766, under Recording No.
20060110000426 more particularly described as follows:
COMMENCING at the East quarter corner of said Section 20, Township 22 North, Range 5 East, W.M.;
THENCE North 88°43'15" West, along the South line of the North half of said Section, a distance of
2,355.69 feet;
THENCE Northl°16'45" East, perpendicular to said South line, 30.00 feet to the North margin of
Southeast 248th Street, and the Point of Beginning;
THENCE, continuing, North 1°16'45" East, 323.00 feet to the North line of the South 353.00 feet of the
North half of Section 20;
THENCE North 88°43'15" West, along said North line,297.28 feet;
THENCE South 1°16'45" West, perpendicular to said South line, 213.00 feet, to the North line of the
South 140 feet of the North half of Section 20;
THENCE South 88'43'15" East, along said North line,252.28 feet;
THENCE South 1°16'45" West, perpendicular to said South line, 110.00 feet, to the North margin of
Southeast 248th Street;
THENCE South 88'43'15" East along said North margin 45.00 feet to the Point of Beginning;
(ALSO KNOWN AS Adjusted Lot A,City of Kent Lot Line Adjustment No. LL-2018-2, recorded under
Recording No. 20180613001395,being a correction of Recording No. 20180601000444).
Situate in the County of King, State of Washington.
Exhibit B
Title Exceptions
l. Right to make necessary slopes for cuts or fills upon the land herein described as granted
to King County by deed recorded under Recording No. 4755699.
2. Right to make necessary slopes for cuts or fills upon the land herein described as granted
to King County by deed recorded under Recording No. 5098728.
3. Easement and the terms and conditions thereof.
Purpose:Ingress, egress and utilities
As disclosed by:Deed
Area affected: a portion of said premises
Recording No.:6556168
4. Easement and the terms and conditions thereof.
Purpose:Ingress,egress and utilities
Area affected: a portion of said premises
As disclosed by:Deed
Recorded: April 24, 1972
Recording No.: 7204240341
5. Easement and the terms and conditions thereof:
Grantee:Puget Sound Power&Light Company
Purpose: Electric transmission and/or distribution line(s)
Area affected: a portion of said premises
Recorded:April 10, 1978
Recording No.: 7804100715
6. All covenants, conditions,restrictions,reservations, easements or other servitudes, if any,
but omitting restrictions,if any,based upon race, color,creed or national origin,disclosed
by the short plat recorded under Recording No. 7804190934.
7. City of Kent Notice of Sewer Connection Charges and the terms and conditions thereof:
Recorded:March 17, 1982
Recording No.: 8203170003
8. Easement and the terms and conditions thereof:
Grantee:Puget Sound Power&Light Company
Purpose: Electric transmission and/or distribution line(s)
Area affected:a portion of said premises
Recorded: July 7, 1986
Recording No.: 8607070302
9. All covenants,conditions,restrictions, reservations, easements or other servitudes, if any,
but omitting restrictions, if any,based upon race,color, creed or national origin,disclosed
by the lot line adjustment recorded under Recording No. 8705119001_
10. 26. Boundary Line Agreement and the terms and conditions thereof:
Recorded:June 2, 1987
Recording No.: 8706021214
Said instrument is a re-record of instrument recorded May 11, 1987, under Recording
No. 8705110435.
11. All covenants,conditions, restrictions,reservations, easements or other servitudes, if any,
but omitting restrictions, if any,based upon race,color,creed or national origin,disclosed
by the lot line adjustment recorded under Recording No. 8706029004.
12. Easement and the terms and conditions thereof:
Grantee: Washington Natural Gas Company
Purpose:Gas pipeline or pipelines
Area affected: a portion of said premises
Recorded: November 23, 1987
Recording No.: 8711230354
13. All covenants,conditions,restrictions,reservations, easements or other servitudes, if any,
but omitting restrictions, if any,based upon race,color,creed or national origin, disclosed
by the lot line adjustment recorded under Recording No.9005031225.
14. Easement and the terms and conditions thereof:
Grantee:Pacific Northwest Bell Telephone Company
Purpose: Underground communication lines and duct system
Area affected: a portion of said premises
Recorded: January 22, 1988
Recording No.: 8801220677
15. Deed of Right to Use Land for Public Recreation Purposes and the terms and conditions
thereof:
Recorded:June 25, 1997
Recording No.: 9706252035
16. Declaration of Stormwater Facility Maintenance Covenant and the terms and conditions
thereof.
Recorded: September 24, 1998
Recording No.:9809240714
17. Environmental Mitigation Agreement and the terms and conditions thereof:
Recorded: September 24, 1998
Recording No.: 9809240715
18. Matters set forth by survey:
Recorded:March 16, 1999
Recording No.: 9903169018
19. Matters set forth by survey:
Recorded:January 8,2002
Recording No.:20020108900001
20. Deed of Right to Use Land for Public Recreation Purposes and the terms and conditions
thereof:
Recorded:October 11,2004
Recording No.:20041011001941
21. Deed of Right to Use Land for Public Recreation Purposes and the terms and conditions
thereof:
Recorded:November 10,2005
Recording No.:20051110000431
22. City of Kent Ordinance No. 3766 and the terms and conditions thereof
Recorded:January 10,2006
Recording No.:20060110000426
Regarding:Vacation of street
23. Notice of On-Site Sewage System Operation and Maintenance Requirements, and any
terms and conditions thereof:
Recorded: January 9,2017
Recording No.:20170109001021
24. All covenants,conditions,restrictions,reservations,easements or other servitudes, if any,
but omitting restrictions,if any,based upon race,color, creed or national origin,disclosed
by the Lot Line Adjustment recorded under Recording No. 20180613001395. Said
instrument is a correction of original Lot Line Adjustment,recorded under Recording No.
20180601000444.
25. All real estate taxes relating to the Property.
When Recorded Return to:
Hope Gibson,Planning& Development Mgr
City of Kent Parks, Recreation, and Community
Services Department
220 4`h Avenue South
Kent, WA 98032
MEMORANDUM OF GROUND LEASE
Grantor(s): CITY OF KENT
Grantee(s): THE YOUNG MEN'S CHRISTIAN ASSOCIATION OF GREATER
SEATTLE
Legal Description (abbreviated):
X Complete legal on EXHIBIT A
Assessor's Tax Parcel Identification No(s): 783080-0410; 202205-9211;
202205-9186; 202205-9102;
202205-9240; 202205-9239;
202205-9101; and 202205-9241.
Reference No. of Related Documents: n/a
THIS MEMORANDUM OF GROUND LEASE ("Memorandum") is dated for reference
purposes June 29, 2018 and is made by and between CITY OF KENT, a Washington municipal
corporation ("Landlord"), and THE YOUNG MEN'S CHRISTIAN ASSOCIATION OF
GREATER SEATTLE, a Washington public benefit corporation ("Tenant").
1. Lease. Landlord has leased to Tenant the Premises described in Exhibit A and by
this reference incorporated in this Memorandum ("Premises")at a rent and on the terms and
conditions set forth in that certain Ground Lease dated June 29, 2018, by and between Landlord
and Tenant("Lease"). The Lease is for a term expiring on the earlier of the expiration of the full
term of the Project Lease,which is 20 years after the first day of the calendar month following
MEMORANDUM OF GROUND LEASE- 1
the Initial Occupancy Date as defined therein,or the Project Lease early termination date, if early
termination is exercised as provided for in the Project Lease.
2. Definition of Terms. All capitalized terms not otherwise defined in this
Memorandum shall have the same meaning as set forth in the Lease.
3. Tax Exemption. In accordance with RCW 35.42.090, the Lease shall be exempt
from any taxes imposed under the authority of Ch. 82.45 RCW, RCW 82.04.040 or RCW
82.08.090.
4. Lien Notice. Notice is given that Landlord will not be liable for any labor,
services, materials or equipment furnished or to be furnished to Tenant or anyone holding an
interest in the Premises (or any part of the Premises) through or under Tenant, and that no
construction or other liens for any such labor, services, materials or equipment shall attach to or
affect the interest of Landlord in the Premises.
5. Purpose of Memorandum. This Memorandum is prepared for purposes of
recordation only and does not set forth all of the terms and conditions set forth in the Lease. In
the event there is any conflict between the terms and conditions of the Lease and this
Memorandum,the Lease shall control.
DATED the date first above written.
APPROVED AS TO FORM: CITY OF KENT,
a Washington municipal corporation
By Tuaec
1
Name: Dana Ralph
I Title: Mayor
Da , 2018 Date: June 29,2018
TENANT:
THE YOUNG MEN'S CHRISTIAN
ASSOCIATION OF GREATER SEATTLE,
a Washington public benefit corporation
By: AA
Name:
Title: ��cs r.rl- Cx0
Date: June 29, 2018
MEMORANDUM OF GROUND LEASE-2
STATE OF WASHINGTON
COUNTY OF KING } ss.
I certify that I know or have satisfactory evidence that ► Qty ri r6i �� is the
person who appeared before me, and said person acknowledged that he signed this mstrwpent,,gn Ib
oath stated that he was authorized to execute the instrument and acknowledged it as the lJ
of THE YOUNG MEN'S CHRISTIAN ASSOCIATION OF GREATER SEATTLE, a
Washington public benefit corporation,to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
DATED this 9-� day of 2018.
Printed Name BUN 9
< I NOTARY PUBL1C in d for he State of Washington,
=yid►�AC�G residing at A E
i/ O� ?9.I9 = M Commission Expires
'
Y P
STATE OF IW� �N�rTON }
ss.
COUNTY OF KING
I certify that I know or have satisfactory evidence that Dana Ralph is the person who appeared
before me, and said person acknowledged that she signed this instrument, on oath stated that she was
authorized to execute the instrument and acknowledged it as the Mayor of CITY OF KENT,a
Washington municipal corporation,to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
DATED this day of 2018.
gyp. BR16 1//1
�r 11,E
So 10jV 4 / Printe Name H 5
r OPTA,*/. '� NOTARY PUBLIC in and for the State o Washington,
•• - residing at,
'yy 4�`�tr 02 _: My Commission E pires 7ZZ
"
is 21q
"410''P WAS
MEMORANDUM OF GROUND LEASE-3
Exhibit A to Memorandum of Ground Lease
"Premises
THAT PORTION OF LOTS 25 AND 26, R.O. SMITH'S ORCHARD TRACTS ADDITION TO
KENT,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 12 OF PLATS, PAGE
27, RECORDS OF KING COUNTY, WASHINGTON AND THAT PORTION OF THE SOUTH
HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER SECTION 20, TOWNSHIP 22
NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, BEING MORE
PARTICULARY DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 20,THENCE
N88°43'15"W ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION
1919.02 FEET;
THENCE LEAVING SAID SOUTH LINE N00°59'59"E, 30.00 FEET TO,THE'NORTH RIGHT OF
WAY LINE OF SOUTHEAST 248TH STREET, AND THE TRUE POINT OP,BEGINNNG-,
THENCE ALONG SAID NORTH RIGHT OF WAY LINE N88°43'15"W,.709 24 FEET;
THENCE N01°53'30"E, 1.50 FEET; x
THENCE N88°43'15"W, 98.04 FEET; "
THENCE LEAVING SAID NORTH RIGHT OF WAY LINE N13°0218"E, 58.74 FEET;
THENCE N64°33'29"W, 70.29 FEET;
THENCE S89°52'14"W,235.82 FEET;
THENCE N80°59'14"W, 155.87 FEET;
THENCE N09°00'46"E, 20.00 FEET;
THENCE N71°57'49"E, 256.71 FEET;
THENCE S34°27'34"E, 89.26 FEET;
THENCE S87°56'17"E, 118.54 FEET;
THENCE N70°40'05"E, 44.20 FEET;
THENCE N07°28'12"E, 202.72 FEET;
THENCE N64°30'41"W, 71.36 FEET;
THENCE N32°48'10"E, 80.77 FEET;
THENCE N61°14'38"E, 78.32 FEET;
THENCE N17°29'18"E, 147.42 FEET TO AN INTERSECTION WITH THE NORTH LINE OF THE
SOUTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF SAID SECTION 20,
THENCE ALONG SAID NORTH LINE S88°43'50"E, 681.60 FEET TO AN EXISTING FENCE
LINE;
THENCE ALONG THE EXISTING FENCE LINE S00°59'59"W, 629.71 TO THE TRUE POINT OF
BEGINNING;
EXCEPT THE FOLLOWING DESCRIBED TRACT OF LAND:
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 20, THENCE
N88°43'15"W ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION
2355.69 FEET;
THENCE N01°16'45"E, 30.00 FEET TO THE NORTH RIGHT OF WAY LINE OF SOUTHEAST
248T" STREET,AND THE TRUE POINT OF BEGINNING OF SAID EXCEPTION;
THENCE CONTINUING N01°16'45"E, 323.00 FEET,-
THENCE N88°43'15"W, 297.28 FEET;
THENCE S01°16'45"W, 213.00 FEET;
THENCE S88°43'15"E, 252.28 FEET,
THENCE S01°08'18"W, 110.00 FEET TO SAID NORTH RIGHT OF WAY LINE;
THENCE ALONG SAID RIGHT OF WAY LINE S88°43'15"E, 45.00 FEET TO THE TRUE POINT
OF BEGINNING OF SAID EXCEPTION.
CONTAINING 447,958 SQUARE FEET MORE OR LESS
June 12. 20188
RWA
o
32429
� IST �
�O'AL LAN-
I NORTH SINE
51/2. St/2,
HISTORICI LOT w NE1/a, SEC 20
LINES Q
ORCHARD TRACTS z7Yr :;; :< j ITT IRIC bT
ADDITION \6
VOL12, I PG 7V.
mz� ` `$ Sri 1"=300'
L11 r7+ I L20
cn r- I V`J L22 TPOB
L7 L6 �5� N se rf nstu, L25
—1919.02'
-j— L4 N88'43'15"W
BE 248TH ST L2 L24 n 2355.69'
POINT OF
COMMENCEMENT
E 1/4 SECTION 20
LINE TABLE LINE TABLE LINE TABLE
LINE # BEARING LENGTH LINE # BEARING LENGTH LINE # BEARING LENGTH
L1 N88'43'15"W 709.24' L10 S34'27'34"E 89.26' L19 S1*16'45"W 323.00'
1-2 N1'53'30"E 1.50' L11 S87'56'17"E 118,54' L20 S88'43'15"E 297,28'
L3 N88'43'15'W 98.04' L12 N70'40'05"E 44.20' L21 S1*16'45"W 213.00'
L4 N13'02'18"E 58.74' L13 N7'28'12"E 202.72' L22 S88'43'15"E 252.28'
L5 N64'33'29"W 70.29 L14 N64'30'4111W 71.36' L23 S1'08'18"W 110.00'
L6 S89'52'14"W 235.82' L15 N12'48'10"E 80.77' L24 S88'43'15"E 45.00'
L7 N80'59'14"W 155.87' L16 N61*14'38"E 78.32' L25 NO'59'59"E 30.00'
L8 N9'00'46"E 20.00' L17 N17'29'18"E 147.42'
L9 N71'57'49"E 256.71' L18 S1-16'45"W 30.00'
11255 Kirkland Way,Suite 300
Kirkland,WA 98033
p.425.827.2014 I F.425.827.5043
......................................................
Civil I Structural I Planning(Survey
An Engineering Services Company paceengrs.com
SCALE: 1"=300' FILE:14661A—CONSTRUCTION LIMIT.DWG DATE:06 07 18 JFS PROJ. NO.: 16441A
When Recorded Return to:
Hope Gibson,Planning&Development Mgr
City of Kent Parks,Recreation, and
Community Services Department
220 4`h Avenue South
Kent, WA 98032
MEMORANDUM OF PROJECT LEASE
Grantor(s): THE YOUNG MEN'S CHRISTIAN ASSOCIATION OF GREATER
SEATTLE
Grantee(s): CITY OF KENT
Legal Description (abbreviated):
X Complete legal on EXHIBIT A
Assessor's Tax Parcel Identification No(s): 783080-0410; 202205-9211;
202205-9186; 202205-9102;
202205-9240; 202205-9239;
202205-9101; and 202205-9241.
Reference No. of Related Documents: n/a
THIS MEMORANDUM OF PROJECT LEASE ("Memorandum") is dated for
reference purposes June 29, 2018 and is made by and between THE YOUNG MEN'S
CHRISTIAN ASSOCIATION OF GREATER SEATTLE,
a Washington public benefit corporation ("Landlord"), and CITY OF KENT, a
Washington municipal corporation("Tenant").
1. Lease. Landlord has leased to Tenant the Premises described in Exhibit A
and by this reference incorporated in this Memorandum ("Premises") at a rent and on the
terms and conditions set forth in that certain Project Lease Agreement dated June 29,
2018 by and between Landlord and Tenant ("Lease"). The Lease is for a term expiring
twenty (20) years after the first day of the calendar month following the Initial
Kent Memorandum of Project Lease-I
Occupancy Date unless sooner terminated pursuant to the terms of the Lease; provided,
however, that the Tenant's duty to pay Monthly Rent shall not commence until the
Commencement Date.
2. Definition of Terms. All capitalized terms not otherwise defined in this
Memorandum shall have the same meaning as set forth in the Lease.
3. Tax Exemption. In accordance with RCW 35.42.090, the Lease shall be
exempt from any taxes imposed under the authority of Ch. 82.45 RCW, RCW 82.04.040
or RCW 82.08.090.
4. Lien Notice. Notice is given that Tenant will not be liable for any labor,
services, materials or equipment furnished or to be furnished to Landlord or anyone
holding an interest in the Premises (or any part of the Premises) through or under
Landlord, and that no construction or other liens for any such labor, services, materials or
equipment shall attach to or affect the interest of Tenant in the Premises.
5. Purpose of Memorandum. This Memorandum is prepared for purposes
of recordation only and does not set forth all of the terms and conditions set forth in the
Lease. In the event there is any conflict between the terms and conditions of the Lease
and this Memorandum,the Lease shall control.
DATED the date first above written.
THE YOUNG MEN'S CHRISTIAN
ASSOCIATION OF GREATER
SEATTLE,
a Washm* n public benefit corporation
By:
Name: Robert B. Gilbertson, Jr.
Title: President/CEO
Date: June 29, 2018 , 2018
TENANT:
APPROVED AS TO FORM:
CITY OF KENT,
a Washington municipal corpo n
By: By:
Name: Dana Ralph
Dat : , 2018 Title: Mayor
Date: June 29,2018
Kent Memorandum of Project Lease-2
STATE OF WASHINGTON
COUNTY OF KING } ss. f
I certify that I know or have satisfactory evidence that
is the person who appeared before me, and said person acknowledged that he signed this
instrument,on oath stated at he was z to execute the instrument and
►
acknowledged it as the 6 of THE
YOUNG MEN'S CHRIS IAN ASSOC TION OF GREATER SEATTLE, a
Washington public benefit corporation,to be the free and voluntary act of such party for the
uses and purposes mentioned in the instrument.
DATED this Q of , 2018.
♦ uu��1
ZVV
•. .c Z y Printed Name ,
NOTARY PuBi,i W 'n an or the State of Washington,
residing at
y;'''►u+h9 � ' � My Commission Expires
STATE OF WASHINGTON
} ss.
COUNTY OF KING
I certify that I know or have satisfactory evidence that Dana Ralph is the person who
appeared before me, and said person acknowledged that she signed this instrument,on oath
stated that she was authorized to execute the instrument and acknowledged it as the Mayor
of CITY OF KENT, a Washington municipal corporation,to be the free and voluntary act of
such party for the uses and purposes mentioned in the instrument.
rI
DATED this� day of .// , 2018.
,� �E P• BRjI i�lll � -
s �Z� Prin d Name ri S
NOTARY PUSL c 'n and for the Stat of Washington,
residing at
i sy '\ 2 = My Commission Ex Tres
//lltl�`IWASt#t'♦���_
Kent Memorandum of Project Lease-3
Exhibit A
Premises
THAT PORTION OF LOTS 25 AND 26, R.O. SMITH'S ORCHARD TRACTS ADDITION TO
KENT,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 12 OF PLATS, PAGE
27, RECORDS OF KING COUNTY, WASHINGTON AND THAT PORTION OF THE SOUTH
HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER SECTION 20, TOWNSHIP 22
NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, BEING MORE
PARTICULARY DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION,20,.THENCE
N88°43'15"W ALONG THE SOUTH LINE OF THE NORTHEAST QUARTF—R,OF,SAID SECTION
1919.02 FEET;
THENCE LEAVING SAID SOUTH LINE N00059'59"E, 30.00 FEET TO TsHE'NORTH RIGHT OF
WAY LINE OF SOUTHEAST 248T"STREET,AND THE TRUE•PgINT OF•BEGINNING;
THENCE ALONG SAID NORTH RIGHT OF WAY LINE N88°43'16W 709.24 FEET; "
THENCE N01°53'30"E, 1.50 FEET;
THENCE N88°43'15"W, 98.04 FEET;
THENCE LEAVING SAID NORTH RIGHT OF WAY LINE N13°0218"f.;.58.74 FEET;
THENCE N64°33'29"W, 70.29 FEET;
THENCE S89°52'14"W, 235.82 FEET;
THENCE N80°59'14"W, 155.87 FEET;
THENCE N09°00'46"E, 20.00 FEET;
THENCE N71°57'49"E, 256.71 FEET;
THENCE S34°27'34"E, 89.26 FEET;
THENCE S87°56'17"E, 118.54 FEET,-
THENCE N70°40'05"E, 44.20 FEET;
THENCE N07°28'12"E, 202.72 FEET;
THENCE N64°30'41"W, 71.36 FEET;
THENCE N32°48'10"E, 80.77 FEET;
THENCE N61°14'38"E, 78.32 FEET;
THENCE N17°29'18"E, 147.42 FEET TO AN INTERSECTION WITH THE NORTH LINE OF THE
SOUTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF SAID SECTION 20;
THENCE ALONG SAID NORTH LINE S88°43'50"E, 681.60 FEET TO AN EXISTING FENCE
LINE;
THENCE ALONG THE EXISTING FENCE LINE S00°59'59"W,629.71 TO THE TRUE POINT OF
BEGINNING;
EXCEPT THE FOLLOWING DESCRIBED TRACT OF LAND:
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 20, THENCE
N88°43'15"W ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION
2355.69 FEET,-
THENCE N01°16'45"E, 30.00 FEET TO THE NORTH RIGHT OF WAY LINE OF SOUTHEAST
248T"STREET,AND THE TRUE POINT OF BEGINNING OF SAID EXCEPTION;
THENCE CONTINUING N01°16'45"E, 323.00 FEET;
THENCE N88°43'15"W, 297.28 FEET;
THENCE S01°16'45"W, 213.00 FEET,
THENCE S88°43'15"E, 252.28 FEET;
THENCE S01°08'18"W, 110.00 FEET TO SAID NORTH RIGHT OF WAY LINE;
THENCE ALONG SAID RIGHT OF WAY LINE S88°43'15"E, 45.00 FEET TO THE TRUE POINT
OF BEGINNING OF SAID EXCEPTION.
CONTAINING 447,958 SQUARE FEET MORE OR LESS
June 2 2018
Q�1 �p�A o
0
'I
32429
1!5
�'A'AL LAh'9
NORTH SINE
HISTORIC!LOT OD2/d.SSEC 20
LINES I
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POINT OF
COMMENCEMENT
I I E 1/4 SECTION 20
LINE TABLE LINE TABLE LINE TABLE
LINE # BEARING LENGTH LINE # BEARING LENGTH LINE # BEARING LENGTH
L1 N88'43'15"W 709.24' L10 S34'27'34"E 89.26' L19 S1*16'45"W 323.00'
L2 N1'53'30"E 1,50' L11 S87'56'17"E 118.54' L20 S88'43'15"E 297.28'
L3 N88'43'15"W 98.04' L12 N70'40'05"E 44.20' L21 S116'45"W 213.00'
L4 N13'02'18"E 58.74' L13 N7'28'12"E 202.72' L22 S88'43'15"E 252.28'
L5 N64'33'29"W 70.29' L14 N64'30'41"W 71.36' L23 S1'08'18"W 110.00'
L6 S89'52'14"W 235.82' L15 N32'48'10"E 80.77' L24 S88'43'15"E 45.00'
L7 N80'59'14"W 155.87' L16 N61'14'38"E 78.32' L25 NO'59'59"E 30.00'
L8 N9'00'46"E 20.00' L17 N17'29'18"E 147.42'
L9 N71'57'49"E 256.71 L18 S1'16'45"W 30.00'
11255 Kirkland Way,Suite 300
�I± Kirkland,WA 98033
p.425.827.201..I...425...-.5043
........................................ . ........
Civil I Structural I Planning I Survey
An Engineering Services Company paceengrs.com
SCALE: 1"=300' FILE:14661 A—CON STRUCTI ON LIMIT.DWG DATE:06 07 18 JFS PROJ. NO.: 16441A
Brenda McCoy, Executive Vice President of Title
Genevieve Tomberg, Senior Title Officer
Kathy Hickey,Senior Title Officer
Tonya Harris,Title Officer
Beth Fusaro,Title Officer
Ronda Mills,Title Officer
1501 411 Ave.,Suite 300
13AINIERTITLE Seattle,WA 98101 Toll Free:(888)929-1999
Ph: (425)551-5501
Fax (206)230-7779
Email:thetitletearriprainiertitle.com
SUPPLEMENTAL COMMITMENT NO. 3 TO SECOND REPORT
Order Number: 723205RT
Reference Number: PW2016-043Parks Project / City of Kent / P21019.64
Buyer/Borrower: The Young Men's Christian Association, a Washington nonprofit
corporation
Property Address: Vacant Land, Kent, WA 98032
Exception(s) No. 2 of the above referenced Commitment is (are) hereby amended to read as
follows:
General taxes and charges: 1st half delinquent May 1, if not paid; 2nd half delinquent
November 1, if not paid.
Year: 2018
Amount billed: $2,108.17
Amount paid: $11.01
Amount unpaid: $2,097.16
Tax Account No.: 202205-9101-04
Levy code: 1526
Assessed value of land: $169,000.00
Assessed value
of improvements: $0.00
Affects: Said premises and other property
Exception(s) No. 3 of the above referenced Commitment is (are) hereby amended to read as
follows:
General taxes and charges: 1st half delinquent May 1, if not paid; 2nd half delinquent
November 1, if not paid.
Year: 2018
Amount billed: $2,182.64
Amount paid: $11.02
Amount unpaid: $2,171.62
Tax Account No.: 202205-9186-02
Levy code: 1526
Assessed value of land: $175,000.00
Assessed value of improvements: $0.00 Affects: Said premises and other property
Exception(s) No. 4 of the above referenced Commitment is (are) hereby amended to read as
follows:
General taxes and charges: 1st half delinquent May 1, if not paid; 2nd half delinquent
November 1, if not paid.
Year: 2018
Amount billed: $2,964.68
Amount paid: $11.28
Amount unpaid: $2,953.40
Tax Account No.: 202205-9211-01
Levy code: 1526
Assessed value of land: $238,000.00
Assessed value
of improvements: $0.00
Affects: Said premises and other property
Exception(s) No. 5 of the above referenced Commitment is (are) hereby amended to read as
follows:
General taxes and charges: 1st half delinquent May 1, if not paid; 2nd half delinquent
November 1, if not paid.
Year: 2018
Amount billed: $10,364.41
Amount paid: $15.12
Amount unpaid: $10,349.29
Tax Account No.: 783080-0410-08
Levy code: 1526
Assessed value of land: $605,000.00
Assessed value
of improvements: $229,000.00
Affects: Said premises and other property
Exception(s) No. 6 of the above referenced Commitment is (are) hereby amended to read as
follows:
General taxes and charges: 1st half delinquent May 1, if not paid; 2nd half delinquent
November 1, if not paid.
Year: 2018
Amount billed: $5,100.58
Amount paid: $12.80
Amount unpaid: $5,087.78
Tax Account No.: 202205-9239-09
Levy code: 1526
Assessed value of land: $193,000.00
Assessed value
of improvements: $217,000.00
Affects. Said premises and other property
Rainier Title, Agent for Stewart Title Guaranty Company
By:
Brenda L. McCoy, Executive Vice President
Dated: July 12, 2018
Brenda McCoy, Executive Vice President of Title
Genevieve Tomberg,Senior Title Officer
Kathy Hickey,Senior Title Officer
Tonya Harris,Title Officer
Beth Fusaro,Title Officer
Ronda Mills,Title Officer
300
RAINIERTITLE Toll
F 4":Ave.,Suite 999
Seattle,WA 98101
Toll Free:(888)929-1999
Ph: (425)551-5501
Fax: (206)230-7779
Email:thetitleteam a@rainiertitle.com
SUPPLEMENTAL COMMITMENT NO. 2 TO SECOND REPORT
Order Number: 723205RT
Reference Number: PW2016-043Parks Project/ City of Kent/ P21019.64
Buyer/Borrower: The Young Men's Christian Association, a Washington nonprofit
corporation
Property Address: Vacant Land, Kent, WA 98032
Exception Number(s) 8, 9 & 12 (are) hereby deleted from the above referenced Commitment.
Rainier Title, Agent for Stewart Title Guaranty Company
By:
Brenda L. McCoy, Executive Vice President
Dated: June 29, 2018
Brenda McCoy, Executive Vice President of Title
Genevieve Tomberg, Senior Title Officer
Kathy Hickey,Senior Title Officer
Tonya Harris,Title Officer
Beth Fusaro,Title Officer
Ronda Mills,Title Officer
1501 41h Ave.,Suite 300
RAINIERTITLE Seattle,WA 9
Toll Free:(888)929-19991999
Ph:(425)551-5501
Fax:(206)230-7779
Email:thetitleteam(a)rainiertitle.com
SUPPLEMENTAL COMMITMENT NO. 1 TO SECOND REPORT
Order Number: 723205RT
Reference Number: PW2016-043Parks Project/ City of Kent / P21019.64
Buyer/Borrower: The Young Men's Christian Association, a Washington nonprofit
corporation
Property Address: Vacant Land, Kent, WA 98032
ALTA Standard Coverage Owner's Policy(06/2006) Amount: $1,000,000.00
ST-Owners Standard Premium: $1,926.00
Sales Tax: $192.60
Note: Premium Split for HUD-1: Underwriter portion: $192.60; Agent Portion: $1,926.00
The Legal Description set forth in the above referenced Commitment is hereby amended to
read as follows:
As set forth in Exhibit A attached hereto.
Exhibit A
That portion of the Southwest quarter of the Southwest quarter of the Northeast quarter in Section 20,
Township 22 North, Range 5 East, W.M., and of Lot 25 of R.O. Smith's Orchard Tracts Addition to Kent as
recorded in Volume 12 of Plats, page 27, in King County, Washington, and that portion of 108th Avenue
Southeast, as vacated by City of Kent Ordinance No. 3766, under Recording No. 20060110000426 more
particularly described as follows:
COMMENCING at the East quarter corner of said Section 20, Township 22 North, Range 5 East, W.M.;
THENCE North 88°43'15"West, along the South line of the North half of said Section, a distance of
2,355.69 feet;
THENCE North1°16'45" East, perpendicular to said South line, 30.00 feet to the North margin of
Southeast 248th Street, and the Point of Beginning;
THENCE, continuing, North 1°16'45" East, 323.00 feet to the North line of the South 353.00 feet of the
North half of Section 20;
THENCE North 88°43'15"West, along said North line, 297.28 feet;
THENCE South 1°16'45"West, perpendicular to said South line, 213.00 feet, to the North line of the South
140 feet of the North half of Section 20;
THENCE South 88°43'15" East, along said North line, 252.28 feet;
THENCE South 1°16'45"West, perpendicular to said South line, 110.00 feet, to the North margin of
Southeast 248th Street;
THENCE South 88'43'15" East along said North margin 45.00 feet to the Point of Beginning;
(ALSO KNOWN AS Lot A, City of Kent Lot Line Adjustment No. LL-2018-2, recorded under Recording No.
20180613001395, being a correction of Recording No. 20180601000444).
Situate in the County of King, State of Washington.
Rainier Title, Agent for Stewart Title Guaranty Company
By:
Brenda L. McCoy, Executive Vice President
Dated: June 28, 2018
Brenda McCoy, Unit Manager and Senior Vice President
Genevieve Tomberg,Senior Title Officer
Kathy Hickey,Senior Title Officer
Tonya Harris,Senior Title Officer
Ronda Mills,Title Officer
r ��_�_. .`cr�_,� Edwin Febus,Title Officer
1501 4"Ave., Suite 300
RAINIERTITLE Seattle, 92 98101
-1999
Toll Free:(888) 91999
Ph: (425)551-5501
Fax: (206)230-7779
Email:thetitleteam a@rainiertitle.com
SECOND REPORT
SCHEDULE A
Order Number: 723205RT
PW2016-043Parks Project /City of Kent/
P21019.64
1. Effective Date: June 6, 2018 at 8:00 A.M.
2. Policy or Policies to be issued:
ALTA Standard Coverage Owner's Policy (06/2006) Amount: To Be Determined
ST-Owners Standard Premium: To Be Determined
None
Sales Tax: To Be Determined
Proposed Insured: The Young Men's Christian Association, a Washington nonprofit corporation
ALTA Extended Coverage Loan Policy Amount: To Be Determined
(06/2006) Premium: To Be Determined
Rate:ST-Lenders Extended Sales Tax: To Be Determined
Discount:None
Proposed Insured: To Be Determined
3. The estate or interest in the land described or referred to in this commitment is:
FEE SIMPLE
4. Title to the FEE SIMPLE estate or interest in the land is at the Effective Date vested in:
City of Kent, a Washington municipal corporation
5. The land referred to in this Commitment is described in Exhibit A.
Rainier Title, Agent for Stewart Title Guaranty Company
By:
Brenda McCoy, Unit Manager
RAINIER TITLE, LLC
EXHIBIT A
LEGAL DESCRIPTION
That portion of the Southwest quarter of the Southwest quarter of the Northeast quarter in
Section 20, Township 22 North, Range 5 East, W.M., and of Lot 25 of R.O. Smith's
Orchard Tracts Addition to Kent as recorded in Volume 12 of Plats, page 27, in King
County, Washington, and that portion of 108th Avenue Southeast, as vacated by City of
Kent Ordinance No. 3766, under Recording No. 20060110000426 more particularly
described as follows:
COMMENCING at the East quarter corner of said Section 20, Township 22 North, Range 5
East, W.M.;
THENCE North 88'43'15"West, along the South line of the North half of said Section, a
distance of 2,355.69 feet;
THENCE North1 016'45" East, perpendicular to said South line, 30.00 feet to the North
margin of Southeast 348th Street, and the Point of Beginning;
THENCE, continuing, North 1°16'45" East, 323.00 feet to the North line of the South 353.00
feet of the North half of Section 20;
THENCE North 88'43'15"West, along said North line, 297.28 feet;
THENCE South 1°16'45"West, perpendicular to said South line, 213.00 feet, to the North
line of the South 140 feet of the North half of Section 20;
THENCE South 88°43'15" East, along said North line, 252.28 feet;
THENCE South 1°16'45"West, perpendicular to said South line, 110.00 feet, to the North
margin of Southeast 248th Street;
THENCE South 88°43'15" East along said North margin 45.00 feet to the Point of
Beginning;
(ALSO KNOWN AS Lot A, City of Kent Lot Line Adjustment No. LL-2018-2, recorded under
Recording No. 20180613001395, being a correction of Recording No. 20180601000444).
Situate in the County of King, State of Washington.
End of Schedule A
SCHEDULE B
PART
1. The following are the requirements to be complied with:
A. Payment to or for the account of the grantors or mortgagors of the full consideration for the estate
or interest to be insured.
B. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed
for record.
NOTE: Effective January 1, 1997, and pursuant to amendment of Washington state statutes relating
to standardization of recorded documents, the following format and content requirements must be met.
Failure to comply may result in rejection of the document by the recorder.
FORMAT:
• Margins to be 3" on top of first page, 1" on sides and bottom, 1" on top, sides and bottom of each
succeeding page.
• Font size of 8 points or larger and paper size of no more than 8 '/2" by 14".
• No attachments on pages such as stapled or taped notary seals, pressure seals must be
smudged.
INFORMATION WHICH MUST APPEAR ON THE FIRST PAGE:
• Title or titles of document. If assignment or reconveyance, reference to auditor's file number or
subject deed of trust.
• Names of grantor(s) and grantee(s) with reference to additional names on following page(s), if
any.
• Abbreviated legal description (lot, block, plat name or section, township, range and quarter
section for unplatted).
• Assessor's tax parcel number(s).
• Return address which may appear in the upper left hand 3" top margin.
II. Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless
the same are disposed of 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 of record for value the estate or interest or mortgage thereon covered
by this commitment.
B. Any policy issued pursuant hereto will contain the Exclusions From Coverage and, under Schedule
B, the standard exceptions as set forth and identified as to the type of policy on the attached
Schedules of Exclusions and Exceptions.
End of Schedule B Part I
Order Number: 723205RT
SCHEDULE B
PART II
General Exceptions:
Schedule B Exceptions appearing in ALTA Owner's Policy (6/17/06)—Standard Coverage and ALTA
Loan Policy(6/17/06)—Standard Coverage:
1. Taxes or assessments which are not shown as existing liens by the public records.
2. (i) Unpatented mining claims; (ii) reservations or exceptions in patents or in Acts authorizing the issuance
thereof; (iii) water rights, claims or title to water; whether or not the matters described in (i), (ii), & (iii) are
shown in the public records; (iv) Indian tribal codes or regulations, Indian treaty or aboriginal rights, including
easements or equitable servitudes.
3. Rights or claims of parties in possession not shown by the public records.
4. Easements, claims of easements or encumbrances which are not shown by the public records.
5. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate
survey and inspection of the premises and which are not shown by the public records.
6. 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.
7. Any service, installation, connection, maintenance, tap, capacity, construction or reimbursement charges for
sewer, water, electricity or other utilities, or for garbage collection and disposal.
8. Any titles or rights asserted by anyone, including but not limited to persons, corporations, governments, or
other entities, to tidelands, or lands comprising the shores or bottoms of navigable rivers, lakes, bays, ocean
or gulf, or lands beyond the line of the harbor or bulkhead lines as established or changed by the United
States Government, or riparian rights, if any.
9 Minerals of whatsoever kind, subsurface and surface substances, including but not limited to coal, lignite, oil,
gas, uranium, clay, rock, sand and gravel in, on, under and that may be produced from the Land, together
with all rights, privileges, and immunities relating thereto, whether or not appearing in the Public Records or
listed in Schedule B. The Company makes no representation as to the present ownership of any such
interests. There may be leases, grants, exceptions or reservations of interests that are not listed.
Schedule B Exceptions appearing in ALTA Owner's Policy (6117/06)—Extended Coverage:
1. Taxes or assessments which are not shown as existing liens by the public records.
2. (i) Unpatented mining claims; (ii) reservations or exceptions in patents or in Acts authorizing the issuance
thereof; (iii) water rights, claims or title to water; whether or not the matters described in (i), (ii), & (iii) are
shown in the public records; (iv) Indian tribal codes or regulations, Indian treaty or aboriginal rights, including
easements or equitable servitudes.
3. Any service, installation, connection, maintenance, tap, capacity, construction or reimbursement charges for
sewer, water, electricity or other utilities, or for garbage collection and disposal.
4. Any titles or rights asserted by anyone, including but not limited to persons, corporations, governments, or
other entities, to tidelands, or lands comprising the shores or bottoms of navigable rivers, lakes, bays, ocean
or gulf, or lands beyond the line of the harbor or bulkhead lines as established or changed by the Unites
States Government, or riparian rights, if any.
5 Minerals of whatsoever kind, subsurface and surface substances, including but not limited to coal, lignite, oil,
gas, uranium, clay, rock, sand and gravel in, on, under and that may be produced from the Land, together
with all rights, privileges, and immunities relating thereto, whether or not appearing in the Public Records or
listed in Schedule B. The Company makes no representation as to the present ownership of any such
interests. There may be leases, grants, exceptions or reservations of interests that are not listed.
Schedule B Exceptions appearing in ALTA Loan Policy (6/17/06) and ALTA Homeowner's Policy Of
Title Insurance (02/03/10)
1 Minerals of whatsoever kind, subsurface and surface substances, including but not limited to coal, lignite, oil,
gas, uranium, clay, rock, sand and gravel in, on, under and that may be produced from the Land, together
with all rights, privileges, and immunities relating thereto, whether or not appearing in the Public Records or
listed in Schedule B. The Company makes no representation as to the present ownership of any such
interests. There may be leases, grants, exceptions or reservations of interests that are not listed.
SCHEDULE B
PART II (continued)
Special Exceptions:
1. Payment of real estate excise tax, if required, pursuant to the authority of RCW Chapter
82.45, and subsequent amendments thereto.
The property described herein is situated within the boundaries of local taxing authority
of the City of Kent. As of the effective date herein, the real estate excise tax rate is
1.78%.
2. General taxes and charges for the year 2018, which have been paid.
Amount: $11.01
Tax Account No.: 202205-9101-04
Levy code: 1526
Assessed value of land: $0.00
Assessed value
of improvements: $0.00
Affects: Said premises and other property
3. General taxes and charges for the year 2018, which have been paid.
Amount: $11.02
Tax Account No.: 202205-9186-02
Levy code: 1526
Assessed value of land: $0.00
Assessed value
of improvements: $0.00
Affects: Said premises and other property
4. General taxes and charges for the year 2018, which have been paid.
Amount: $11.28
Tax Account No.: 202205-9211-01
Levy code: 1526
Assessed value of land: $0.00
Assessed value
of improvements: $0.00
5. General taxes and charges for the year 2018, which have been paid.
Amount: $15.12
Tax Account No.: 783080-0410-08
Levy code: 1526
Assessed value of land: $0.00
Assessed value
of improvements: $0.00
Affects: Said premises and other property
6. General taxes and charges for the year 2018, which have been paid.
Amount: $12.80
Tax Account No.: 202205-9239-09
Levy code: 1526
Assessed value of land: $0.00
Assessed value
of improvements: $0.00
Affects: Said premises and other property
7. The records of the King County Assessor indicate the premises herein described as
having an exemption for the calendar year 2018.
Tax Account No.: 202205-9101-04
Investigation should be made with the Assessor's office to determine the liability for any
past taxes plus interest and penalty which may be due and payable because of any
change in the tax status of said premises. Please contact the King County Assessor's
Office at 206-296-3920.
8. Liability, if any, for personal property taxes pursuant to R.C.W. 84.56.070 wherein no
conveyance can be made without prepayment of said tax, including advanced tax.
Any question should be directed to the Personal Property Tax Department of the County
wherein the property is located.
9. Matters relating to the questions of survey, rights of parties in possession, and
unrecorded lien rights for labor and material, if any, the disposition of which will be
furnished by supplemental report.
10. The legal description submitted has been modified to comply with the public records and
to reflect the parties presumed intent. Closing instructions must indicate that the legal
description has been reviewed and approved by all parties to this transaction.
11. Unrecorded leaseholds, if any; rights of vendors and holders of security interest on
personal property installed upon the land; and rights of tenants to remove trade fixtures
at the expiration of the term.
PLEASE FULLY COMPLETE AND RETURN THE ATTACHED AFFIDAVIT TO THE
COMPANY FOR REVIEW PRIOR TO CLOSING.
12. Matters affecting security interests in personal property which may be disclosed by a
search of the Uniform Commercial Code (UCC) records at the Washington State
Department of Licensing in Olympia.
13. We find no conveyances within the last 36 months.
NOTE: The Recording No. of the Deed under which title is held is: 20011205001669,
20050727003113 (re-record of 20050513000790), 9411220759 and 20170109001022.
14. Evidence should be submitted which shows that The Young Men's Christian Association,
a Washington non-profit Corporation is a duly authorized entity (e.g., a corporation, a
partnership or a joint venture), together with evidence of the identity and authority of the
parties who will execute the forthcoming instruments for the named entity.
15. According to the Application for Title Insurance, the Proposed Insured is The Young
Men's Christian Association, a Washington nonprofit corporation. We find no pertinent
matters of record against the name(s) of said party(ies).
16. Private easements rights, if any, of adjacent owners over vacated streets and alleys;
unrecorded, common law, private easement rights may persist despite cessation of
public easement by: 1) non-user statute, RCW 36.87.090; or 2) by vacation or release of
public interest.
17. Right to make necessary slopes for cuts or fills upon the land herein described as
granted to King County by deed recorded under Recording No. 4755699.
18. Right to make necessary slopes for cuts or fills upon the land herein described as
granted to King County by deed recorded under Recording No. 5098728.
19. Easement and the terms and conditions thereof:
Purpose: Ingress, egress and utilities
As disclosed by: Deed
Area affected: a portion of said premises
Recording No.: 6556168
Said easement contains a covenant to bear equal share of cost of construction,
maintenance or repair of same.
20. Easement and the terms and conditions thereof:
Purpose: Ingress, egress and utilities
Area affected: a portion of said premises
As disclosed by: Deed
Recorded: April 24, 1972
Recording No.: 7204240341
21. Easement and the terms and conditions thereof:
Grantee: Puget Sound Power& Light Company
Purpose: Electric transmission and/or distribution line(s)
Area affected: a portion of said premises
Recorded: April 10, 1978
Recording No.: 7804100715
22. All covenants, conditions, restrictions, reservations, easements or other servitudes, if
any, but omitting restrictions, if any, based upon race, color, creed or national origin,
disclosed by the short plat recorded under Recording No. 7804190934.
23. City of Kent Notice of Sewer Connection Charges and the terms and conditions thereof:
Recorded: March 17, 1982
Recording No.: 8203170003
24. Easement and the terms and conditions thereof:
Grantee: Puget Sound Power& Light Company
Purpose: Electric transmission and/or distribution line(s)
Area affected: a portion of said premises
Recorded: July 7, 1986
Recording No.: 8607070302
25. All covenants, conditions, restrictions, reservations, easements or other servitudes, if
any, but omitting restrictions, if any, based upon race, color, creed or national origin,
disclosed by the lot line adjustment recorded under Recording No. 8705119001.
26. Boundary Line Agreement and the terms and conditions thereof:
Recorded: June 2, 1987
Recording No.: 8706021214
Said instrument is a re-record of instrument recorded May 11, 1987, under Recording
No. 8705110435.
27. All covenants, conditions, restrictions, reservations, easements or other servitudes, if
any, but omitting restrictions, if any, based upon race, color, creed or national origin,
disclosed by the lot line adjustment recorded under Recording No. 8706029004.
28. Easement and the terms and conditions thereof:
Grantee: Washington Natural Gas Company
Purpose: Gas pipeline or pipelines
Area affected: a portion of said premises
Recorded: November 23, 1987
Recording No.: 8711230354
29. All covenants, conditions, restrictions, reservations, easements or other servitudes, if
any, but omitting restrictions, if any, based upon race, color, creed or national origin,
disclosed by the lot line adjustment recorded under Recording No. 9005031225.
30. Easement and the terms and conditions thereof:
Grantee: Pacific Northwest Bell Telephone Company
Purpose: Underground communication lines and duct system
Area affected: a portion of said premises
Recorded: January 22, 1988
Recording No.: 8801220677
31. Deed of Right to Use Land for Public Recreation Purposes and the terms and conditions
thereof:
Recorded: June 25, 1997
Recording No.: 9706252035
32. Declaration of Stormwater Facility Maintenance Covenant and the terms and conditions
thereof:
Recorded: September 24, 1998
Recording No.: 9809240714
33. Environmental Mitigation Agreement and the terms and conditions thereof:
Recorded: September 24, 1998
Recording No.: 9809240715
34. Matters set forth by survey:
Recorded: March 16, 1999
Recording No.: 9903169018
35. Matters set forth by survey:
Recorded: January 8, 2002
Recording No.: 20020108900001
36. Deed of Right to Use Land for Public Recreation Purposes and the terms and conditions
thereof:
Recorded: October 11, 2004
Recording No.: 20041011001941
37. Deed of Right to Use Land for Public Recreation Purposes and the terms and conditions
thereof:
Recorded: November 10, 2005
Recording No.: 20051110000431
38. City of Kent Ordinance No. 3766 and the terms and conditions thereof:
Recorded: January 10, 2006
Recording No.: 20060110000426
Regarding: Vacation of street
39. Notice of On-Site Sewage System Operation and Maintenance Requirements, and any
terms and conditions thereof:
Recorded: January 9, 2017
Recording No.: 20170109001021
40. All covenants, conditions, restrictions, reservations, easements or other servitudes, if
any, but omitting restrictions, if any, based upon race, color, creed or national origin,
disclosed by the Lot Line Adjustment recorded under Recording No. 20180613001395.
Said instrument is a correction of original Lot Line Adjustment, recorded under Recording
No. 20180601000444.
End of Schedule B Part II
Additional Notes:
A. Abbreviated Legal Description: Ptn S1/2 of NE1/4 and ptn S1/2 of NW1/4 of STIR 20-22-5, W.M.
B. Property Address: Vacant Land, Kent, WA 98032
C. Investigation should be made to determine if there are any service, installation, maintenance or
construction charges for sewer, water, telephone, gas, electricity or garbage and refuse collection.
D. To help conserve natural resources, we will automatically issue the forthcoming original policy(ies)
electronically. Please provide us with a current e-mail address for the new owner and/or lender prior to
closing or by emailing thetitleteam o-rainiertitle.com. A hard copy version may be issued upon request.
E. Unless otherwise requested, the forms of policy to be issued in connection with this commitment will be
ALTA 2006 policies, or in the case of standard lender's coverage, the CLTA Standard Coverage Policy
— 2006. The Owner's policy will automatically include the Additional Coverage Endorsement, when
applicable, at no additional charge. The Policy committed for or requested may be examined by inquiry
at the office which issued the commitment. A specimen copy of the policy form(s) referred to in this
commitment will be furnished promptly upon request.
F. In the event that the commitment jacket is not attached hereto, all of the terms, conditions and
provisions contained in said jacket are incorporated herein. The commitment jacket is available for
inspection at any company office.
G. The policy(s) of insurance may contain a clause permitting arbitration of claims at the request of either
the insured or the company. Upon request, the company will provide a copy of this clause and the
accompanying arbitration rules prior to the closing of the transaction.
STG Privacy Notice 2 (Rev 01/26/09) Independent Agencies and Unaffiliated Escrow Agents
WHAT DO/DOES THE RAINIER TITLE LLC AND STEWART TITLE GUARANTY COMPANY DO
WITH YOUR PERSONAL INFORMATION?
Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable
state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice
carefully to understand how we use your personal information. This privacy notice is distributed on behalf of Rainier Title LLC and
Stewart title Guaranty Company and its affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm-Leach-Bliley Act
(GLBA).
The types of personal information we collect and share depend on the product or service that you have sought through us.This
information can include social security numbers and driver's license number.
All financial companies, such as Rainier Title LLC and Stewart Title Guaranty Company, need to share customers' personal
information to run their everyday business—to process transactions and maintain customer accounts. In the section below, we list the
reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this
sharing.
For our everyday business purposes—to process your transactions and
maintain your account.This may include running the business and managing
customer accounts, such as processing transactions, mailing, and auditing Yes No
services,and responding to court orders and legal investigations. i_------____.------_-__- _ -__ —__--
For our marketing purposes—to offer our products and services to you. Yes i No
For joint marketing with other financial companies No ! We don't share
_. .. .... ............ .............. ...._..... _._. .-....... .............. ....._._...-._. ......_._..._ ...._... ._ ._......................... .. ._.... _... _ "'..._.._.._F
For our affiliates'everyday business purposes—information about your 11
I
transactions and experiences.Affiliates are companies related by common Yes No
ownership or control.They can be financial and nonfinancial companies.
_ _ _ .. ._ ... ..... ,.._ .. .. __.
For our affiliates'everyday business purposes--information about your No We don't share
creditworthiness.
For our affiliates to market to you Yes I No
For nonaffiliates to market to you. Nonaffiliates are companies not related by
No We don't share
common ownership or control.They can be financial and nonfinancial companies.
We may disclose your personal information to our affiliates or to nonaffiliates as permitted by law. If you request a transaction with a
nonaffiliate,such as a third party insurance company,we will disclose your personal information to that nonaffiliate.We do not control
their subsequent use of information, and suggest you refer to their privacy notices.
How often do/does Rainier Title LLC and We must notify you about our sharing practices when you request a transaction.
Stewart Title Guaranty Company notify me
about their practices?
How do/does Rainier Title LLC and Stewart To protect your personal information from unauthorized access and use, we use
Title Guaranty Company protect my security measures that comply with federal and state law. These measures include
personal information? computer, file, and building safeguards.
How do/does Rainier Title LLC and Stewart We collect your personal information,for example,when you
Title Guaranty Company collect my request insurance-related services
personal information? q
• provide such information to us
We also collect your personal information from others, such as the real estate
agent or lender involved in your transaction, credit reporting agencies, affiliates or
other companies,
What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in
certain instances,we do not share your Rersonal information in those instances.
If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty
Company, 1980 Post Oak Blvd., Privacy Officer, Houston, Texas 77056
Cam.
RAINIERTITLE
Order No. 723205RT
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This sketch is provided without charge, for your information. It is not intended to show all matters related to the
property including, but not limited to: area, dimensions, easements, encroachments or location of boundaries.
It is not a part of, nor does it modify, the commitment/policy to which it is attached. The Company assumes NO
LIABILITY for any matter related to this sketch. Reference should be made to an accurate survey for further
information.
COMMITMENT FOR TITLE INSURANCE
Issued By
RAINIERTITLE
Stewart Title Guaranty Company
stewart
Vetted and verified,
Form 1004-251D (Rev. 06/2006) ORIGINAL
Stewart Title Guaranty Company, herein called the Company, for a valuable consideration, commits
to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed
Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described
or referred to in Schedule A, upon payment of the premiums and charges and compliance with the
Requirements: all subject to the provisions of Schedules A and B and to the Conditions of this
Commitment.
This Commitment shall be effective only when the identity of the Proposed Insured and the amount of
the policy or policies committed for have been inserted in Schedule A by the Company.
All liability and obligation under this Commitment shall cease and terminate six months after the
Effective Date or when the policy or policies committed for shall issue, whichever first occurs,
provided that the failure to issue the policy or policies is not the fault of the Company.
The Company will provide a sample of the policy form upon request.
This Commitment shall not be valid or binding until countersigned by a validating officer or authorized
signatory.
Stewart Title Guaranty Company
NOTE: THE POLICY COMMITTED FOR MAY BE EXAMINED BY INQUIRY AT THE
OFFICE OF
RAINIER TITLE
AND A SPECIMEN COPY OF THE POLICY FORM (OR FORMS) REFERRED TO IN
THIS COMMITMENT WILL BE FURNISHED PROMPTLY UPON REQUEST.
RAINIER TITLE IS AN ISSUING AGENT FOR
Stewart Title Guaranty Company
COMMITMENT CONDITIONS AND STIPULATIONS
1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument.
2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other
matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in
Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be
relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is
prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the
Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse
claim or other manner, the Company at its option may amend Schedule B of this Commitment accordingly, but such
amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these
Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties
included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred
In reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate
exceptions shown in Schedule B: or(c)to acquire or create the estate or interest or mortgage thereon covered by this
Commitment In no event . shall such liability exceed the amount stated in Schedule A for the policy or policies
committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the
Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are
hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein.
4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of
the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against
the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon
covered by this Commitment must be based on and are subject to the provisions of this Commitment.
5. The policy to be issued contains an arbitration clause. All Arbitrable matters when the Amount of Insurance is
$2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of
the parties. You may review a copy of the arbitration rules at http://www.alta.org,
SCHEDULE OF EXCLUSIONS FROM COVERAGE
The matters listed below each policy form are expressly excluded from the coverage of that policy and the Company will not pay loss or damage,costs,attorneys'
fees or expenses which arise by reason thereof.
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY 6/17/06 (a) created, suffered, assumed, or agreed to by the Insured
( ) Claimant;
1. (a) Any law, ordinance, permit, or governmental regulation (b) not Known to the Company, not recorded in the Public
(including those relating to building and zoning) restricting, Records at Date of Policy, but Known to the Insured
regulating,prohibition,or relating to Claimant and not disclosed in writing to the Company by
(i) the occupancy,use,or enjoyment of the Land; the Insured Claimant prior to the date the Insured
(ii) the character, dimensions, or location of any Claimant became an Insured under this policy;
improvement erected on the Land; (c) resulting in no loss or damage to the Insured Claimant;
(iii) the subdivision of land;or (d) attaching or created subsequent to Date of Policy
(iv) environmental protection; (however, this does not modify or limit the coverage
or the effect of any violation of these laws, provided under Covered Risk 9 and 10:or
ordinances,or governmental regulations. This (e) resulting in loss or damage that would not have been
Exclusion 1(a)does not modify or limit the coverage sustained if the Insured Claimant had paid value for the
provided under Covered Risk 5. Title.
(b) Any governmental police power. This Exclusion 1(b)does 4. Any claim, by reason of the operation of federal bankruptcy,
not modify or limit the coverage provided under Covered Risk state insolvency, or similar creditors' rights laws, that the
6. transaction vesting the Title as shown in Schedule A, is
2. Rights of eminent domain. This Exclusion does not modify or (b) a fraudulent conveyance or fraudulent transfer;or
limit the coverage provided under Covered Risk 7 or 8. (c) a preferential transfer for any reason not stated in
3. Defects,liens,encumbrances,adverse claims,or other matters Covered Risk 9 of this policy.
(a) created, suffered, assumed, or agreed to by the Insured 5. Any lien on the Title for real estate taxes or assessments
Claimant; imposed by governmental authority and created or attaching
(b) not Known to the Company, not recorded in the Public between Date of Policy and the date of recording of the deed or
Records at Date of Policy, but Known to the Insured other instrument of transfer in the Public Records that vests
Claimant and not disclosed in writing to the Company by Title as shown in Schedule A.
the Insured Claimant prior to the date the Insured AMERICAN LAND TITLE ASSOCIATION HOMEOWNER'S
Claimant became an Insured under this policy; POLICY OF TITLE INSURANCE FOR A ONE-TO-FOUR FAMILY
(c) resulting in no loss or damage to the Insured Claimant; RESIDENCE(12/02113)
attaching or created subsequent to Date of Policy In addition to the Exceptions in Schedule B,You are not insured
(however, this does not modify or limit the coverage against loss,costs,attorneys'fees,and expenses resulting from:
provided under Covered Risk 11, 13, or 14); 1.Governmental police power,and the existence or violation of
or those portions of any law or government regulation concerning:
(d) resulting in loss or damage that would not have been a.building;
sustained if the Insured Claimant had paid value for the b.zoning;
Insured Mortgage. c.land use;
4. Unenforceability of the lien of the Insured Mortgage because of d. improvements on the Land;
the inability or failure of an Insured to comply with applicable e. land division;and
doing-business laws of the state where the Land is situated. f.environmental protection.
5. Invalidity or unenforceability in whole or in part of the lien of the This Exclusion does not limit the coverage described in Covered
Insured Mortgage that arises out of the transaction evidenced Risk 8.a., 14, 15, 16, 18. 19,20,23 or 27.
by the Insured Mortgage and is based upon usury or any 2.The failure of Your existing structures, or any part of them,to be
consumer credit protection or truth-in-lending law. constructed in accordance with applicable building codes.This
6. Any claim, by reason of the operation of federal bankruptcy, Exclusion does not limit the coverage described in Covered Risk
state insolvency, or similar creditors' rights laws, that the 14 or 15.
transaction creating the lien of the Insured Mortgage,is 3.The right to take the Land by condemning it.This Exclusion does
(a) a fraudulent conveyance or fraudulent transfer,or not limit the coverage described in Covered Risk 17.
(b) a preferential transfer for any reason not stated in Covered 4.Risks:
Risk 13(b)of this policy, a.that are created,allowed,or agreed to by You,
7. Any lien on the Title for real estate taxes or assessments whether or not they are recorded in the Public
imposed by governmental authority and created or attaching Records;
between Date of Policy and the date of recording of the Insured b.that are Known to You at the Policy Date,but not to
Mortgage in the Public Records. This Exclusion does not Us,unless they are recorded in the Public Records at
modify or limit the coverage provided under Covered Risk the Policy Date;
11(b). c.that result in no loss to You;or
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY d.that first occur after the Policy Date-this does not limit
(6/17/06) the coverage described in Covered Risk 7,8.e.,25,
1. (a) Any law, ordinance, permit, or governmental regulation 26,27 or 28.
(including those relating to building and zoning) restricting, 5.Failure to pay value for Your Title.
regulating,prohibiting,or relating to 6. Lack of a right:
(i) the occupancy,use or enjoyment of the Land; a to any land outside the area specifically described and
(ii) the character, dimensions, or location of any referred to in paragraph 3 of Schedule A;and
improvement erected on the Land; b. in streets,alleys,or waterways that touch the Land.
(iii) the subdivision of land,or This Exclusion does not limit the coverage described in Covered
(iv) environmental protection; Risk 11 or 21
or the effect of any violation of these laws,ordinances,or 7.The transfer of the Title to You is invalid as a preferential transfer
governmental regulations. This Exclusion 1(a)does not or as a fraudulent transfer or conveyance under federal
modify or limit the coverage provided under Covered Risk bankruptcy,state insolvency,or similar creditors'rights laws.
5. SCHEDULE B GENERAL EXCEPTIONS
(b) Any governmental police power. This Exclusion 1(b)does The matters listed below each policy form are expressly excepted
not modify or limit the coverage provided under Covered Risk from the coverage of that policy and that policy does not insure
6. against loss or damage (and the Company will not pay costs,
2. Rights of eminent domain. This Exclusion does not modify or attorneys'fees or expenses)which arise by reason thereof.
limit the coverage provided under Covered Risk 7 or 8.
3. Defects,liens,encumbrances,adverse claims,or other matters
SCHEDULE B EXCEPTIONS APPEARING IN ALTA OWNER'S
POLICY—STANDARD COVERAGE AND ALTA LOAN POLICY—
STANDARD COVERAGE
1. Taxes or assessments which are not shown as existing liens by
the public records.
2. (i) Unpatented mining claims; (ii) reservations or exceptions in
patents or in Acts authorizing the issuance thereof; (iii) water
rights, claims or title to water; whether or not the matters
described in (i), (ii), & (iii)are shown in the public records; (iv)
Indian tribal codes or regulations, Indian treaty or aboriginal
rights,including easements or equitable servitudes.
3, Rights or claims of parties in possession not shown by the
public records.
4. Easements, claims of easements or encumbrances which are
not shown by the public records.
5. Encroachments, overlaps, boundary line disputes, or other
matters which would be disclosed by an accurate survey and
inspection of the premises and which are not shown by the
public records.
6. 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.
7. Any service, installation, connection, maintenance, tap,
capacity, construction or reimbursement charges for sewer,
water,electricity or other utilities, or for garbage collection and
disposal.
8. Any titles or rights asserted by anyone, including but not limited
to persons, corporations, governments, or other entities, to
tidelands, or lands comprising the shores or bottoms of
navigable rivers, lakes, bays, ocean or gulf, or lands beyond
the line of the harbor or bulkhead lines as established or
changed by the Unites States Government, or riparian rights, if
any.
SCHEDULE B EXCEPTIONS APPEARING IN ALTA OWNER'S
POLICY—EXTENDED COVERAGE
1. Taxes or assessments which are not shown as existing liens by
the public records.
2. (i) Unpatented mining claims; (ii) reservations or exceptions in
patents or in Acts authorizing the issuance thereof; (iii) water
rights, claims or title to water; whether or not the matters
described in (i), (ii), &(iii)are shown in the public records; (iv)
Indian tribal codes or regulations, Indian treaty or aboriginal
rights,including easements or equitable servitudes.
3. Any service, installation, connection, maintenance, tap,
capacity, construction or reimbursement charges for sewer,
water, electricity or other utilities, or for garbage collection and
disposal.
4, Any titles or rights asserted by anyone, including but not limited
to persons, corporations, governments, or other entities, to
tidelands, or lands comprising the shores or bottoms of
navigable rivers, lakes, bays, ocean or gulf, or lands beyond
the line of the harbor or bulkhead lines as established or
changed by the Unites States Government, or riparian rights, if
any.
SCHEDULE B EXCEPTIONS APPEARING IN ALTA LOAN
POLICY(6/17/06)and ALTA HOMEOWNER'S POLICY OF TITLE
INSURANCE(12/02/13)
1. Minerals of whatsoever kind, subsurface and surface
substances, including but not limited to coal, lignite, oil, gas,
uranium,clay, rock,sand and gravel in,on, under and that may
be produced from the Land, together with all rights, privileges,
and immunities relating thereto,whether or not appearing in the
Public Records or listed in Schedule B. The Company makes
no representation as to the present ownership of any such
interests. There may be leases, grants, exceptions or
reservations of interests that are not listed
REQUEST FOR MAYOR'S SIGNATU t
KENT
%Routing Information:
(ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) PPD-.
Approved by Director
Originator: Hope Gibson Phone (Originator): x5112
Date Sent: 7/13/18 Date Required: 7/13/18
Return Signed Document to: Hope Gibson Contract Termination Date:
VENDOR NAME: Date Finance Notified:
YMCA of Greater Seattle (Only required on contracts of/A
20 000 and over or on any Grant
DATE OF COUNCIL APPROVAL: N/A Date Risk Manager Notified: N/A
(Required on Non-CityStandard Contracts/Agreements)
reements
Has this Document been Specificall Account Number: N/A
Authorized in the Budget? • YES 3 NO
Brief Explanation of Document
This set of documents pertains to the transfer of property to the YMCA and includes
agreements related to the development of the YMCA/Morrill Meadows project and
ongoing responsibilities related to the operation of the YMCA.
l
All Contracts Must Be Routed Through The Law Departme _ -=- --,- -
x
! ;S .
(Th' r o be om ted by the Law Department)
Received:
Approval of Law &pt.:
Law Dept. Comments:
Date Forwarded to Ma or: rj
Shaded Areas To Be Completed By Administration Staff
Received:
I
Recommendations and Comments:
Disposition: 3
"- '
�r-I d
Date Returne�
1Ci \r c�t r co ess ng1 equeat p� ayg'� atu[
CITY OF KI:'NT
CITY CLERK "
a
F 1CC4->( ( Ei 1 '.�V-r t �t't A�^ la s�:� �.�-�.i..�sr s rA.H?w P t.'�� .D .J�f� . ,
American Land Title Association ALTA Settlement Statement-Combined
Adopted 05-01-2015
File No./Escrow No. 723205RT Jennie Graddon
Officer/Escrow Officer:Jennie Graddon 20435 72nd Ave.S.
Bldg.3
Ste.155
Kent,WA 98032 RAINIERTiTLF
(253)21216-1024
Property Address VACANT LAND
KENT,WA 98032(KING)
(202205-9101-04)
Borrower THE YOUNG MEN'S CHRISTIAN ASSOCIATION OF GREATER SEATTLE,A WASHINGTON
NONPROFIT CORPORATION
909 4th Avenue
Seller Seattle,WA 98104
CITY OF KENT, A WASHINGTON MUNICIPAL CORPORATION
220 4th Avenue South
Kent,WA 98032
Settlement Date: 7/1 6120 1 8
Disbursement Date. 7/1612018
From Closing Title-Lender's Title Insurance to Rainier Title,LLC $0,00
Disclosure:(informational only) Title-Owner's Title Insurance(optional)to Rainier Title,LLC $0.00
Seller Description Borrower
Oelh C.0 Debit C"
Title Chir es
Title-Lender's Title Insurance to Rainier Title,LLC
Tile-Owner's T itle insurance tonal to Rainier Title,LLC
Title owners Title Insurance fo onal to Rainier Title,LLC $1.926 00
Tile-Seitlenrrmt or dosing fee to Rainer Title,LLC-Kent
Title-Ownet's Premium Tax to Rainier Title.LLC $192 60
Title-Settlement or dosing fee to Rainier Title.LLC-Kent $2.475.00
Govimment Rwording and Transfer Charges
Recording fees Deed$150 00 $150.00
Excise Technology Fee to King Count $10 00 S10 CO
to $250 00 $250 00
to $200 0C $200 OC
BeRsr Borrower
Debit I Credit Oebft Credit
$0.00 $0 00 Subtotrds $5.203 60 $0 00 i
Due From Borrower l-1203.60
SC o0{ Due To Seller
$0,00 $O.uC Touhl $5,203.60; $5.2D360
Acknowledgement
Well have carefully reviewed the ALTA Settlement Statement and find it to be a true and accurate statement of all receipts
and disbursements made on my account or by me in this transaction and further certify that I have received a copy of the
ALTA Settlement Statement.Well authorize Jennie Graddon to cause the funds to be disbursed in
accordance with this statement
i
BORROWER(S) SELLER(S)
The Young Men's Chri=ssociatof Greater Seattle,a Washington nonprofit corporation City of Kent,a Washington municipal corporation
i
BY—"t"a By:
Marcia Isenberger,Senior Viceidem and Co-COO Dana Ralph Mayor
i
1
SETTLEMENT COORDINATORr'� Y Vta✓���
i
Jennie Gradaon
Fite M 723205RT
Page 1 of 1
Protect on 7/1312018 at 10 49 AM
Rainier Title.LLC-Kent
�. 20435 72nd Ave.S,Bldg.3 Ste 155
Kent.WA 98032
RAI N I E RTITLE ALTA ID#1063845
(253)216-0240 (P)
(425)329-2194(F)
kentescrow@raintertitle com
DISCLOSURES TO THE PARTIES
UNDER APR-12
July 13,2018
Re, Escrow Number: 723205RT
Seller City of Kent a Washington municipal corporation
Purchaser The Young Men's Christian Association of Greater Seattle,a Washington nonprofit corporation
Property Address Vacant Land,Kent WA 98032
THIS NOTICE IS GIVEN IN COMPLIANCE WITH LIMITED PRACTICE RULE
FOR LIMITED PRACTICE OFFICERS,KNOWN AS ADMISSION TO PRACTICE
RULE 12 OR APR 12 PROMULGATED BY ORDER OF THE SUPREME COURT
OF THE STATE OF WASHINGTON
In connection with the above transaction 1,Jennie Graddon,an employee of Rainier Title,LLC,a lay person and not an attorney or
lawyer,am a Limited Practice Officer under APR 12 and licensed thereby to select,prepare and complete certain types of legal
documents incident to the closing of certain real estate and personal property transactions.Pursuant to said APR 12,you are advised
as follows.
1 Agreement of the Parties. I understand the written agreement delivered to Rainier Title,LLC for closing contains the basic
terms and conditions of the transaction and all the parties to the transaction have agreed thereto in writing.
2 Disclosure of the Parties.The scope of the service I am authorized to render to the parties pursuant to APR 12 is limited to
the selection,preparation and completion of documents in a form previously approved by the Limited Practice Board created
by said APR 12 for use in closing a loan,extension of credit,sale or other transfer of real or personal property. The parties
are further advised'
a) I am not acting as the advocate or representative of either or any of the parties,
b) The following documents will be selected,prepared or completed by me and will affect the legal rights of the parties
LPO approved forms as identified in the Purchase and Sale Agreement and/or Lender instructions
c) The parties'interest in the documents may differ:
d) The parties have a right to be represented by lawyers of their own selection,and
e) I cannot give any legal advice as to the manner in which the documents may affect the parties.
3. Advice to Consult Counsel-If any of the parties has any question whatsoever regarding such documents or instruments or
what affect they may have upon his,her,their or its rights and interest such party should consult an attorney or lawyer of such
party's choice,because neither I nor Rainier Title,LLC may lawfully advise any of the parties
JwucA�li*ft�/Y
i 1
Jennie Graddon,LPO p 2514
1 have received and read a copy of the Disclosure,and understand its contents.Purchaser:
The Young Men's Christian Association of Greater Seattle,a Washington nonprofit corporation
By, �*4 y
Marcia Isenberger,Senior V' President and Co-COO
Seller:
City of Kent, a Washington tclpat Corporation
By.
Dana Ralph.Mayor
EXHIBIT"A"
Escrow File No.: 723205RT
Buyer(s): The Young Men's Christian Association of Greater Seattle,a Washington nonprofit corporation
Seller(s): City of Kent, a Washington municipal corporation
LIMITED PRACTICE BOARD FORMS
SECTION 1: MORTGAGE LENDING DOCUMENTS
All documents approved and designed for use by the Secondary Mortgage Market, including Notes,
deeds of trust and riders. The Secondary Mortgage Market is defined as federally related institutions such as
FNMA, FHLM, and GNMA except Regulation"Z".
SECTION 2: ESCROW DOCUMENTS
LPB No. 10 Statutory Warranty Deed
LPB No. 11 Statutory Warranty Deed(Fulfillment of REC)
LPB No. 12 Quit Claim Deed
LPB No. 13 Deed and Seller's Assignment of Contract
LPB No. 14 Deed and Purchaser's Assignment of Contract
LPB No. 15 Bargain and Sale Deed
LPB No. 16 Special Warranty Deed
LPB No. 20 Deed of Trust(Short Form)
LPB No. 21 Assignment of Deed of Trust
LPB No. 22 Deed of Trust
LPB No. 22A Deed of Trust(with due on sale)
LPB No. 23 Request for Full Reconveyance
LPB No. 24 Request for Partial Reconveyance
LPB No. 28A Promissory Note-
LPB No. 29 Request for Notice
LPB No. 30 Bill of Sale
LPB No. 35 Subordination Agreement
LPB No. 44 Real Estate Contract(Residential Short Form)
LPB No.45 Real Estate Contract(Long Form)
LPB No. 50 Mortgage
LPB No. 51 Satisfaction of Mortgage
LPB No. 52 Partial Release of Mortgage
LPB No. 60 Satisfaction of Lien
LPB No. 61 Partial Release of Lien
LPB No. 62 Satisfaction of Judgment
LPB No.63 Partial Release of Judgment
LPB No. 64 Waiver of Lien
LPB No. 65 Partial Waiver of Lien
LPB No. 70 Special Power of Attorney(Sale)
LPB No. 71 Special Power of Attorney(Purchase/Encumber)
LPB No. 72 Use Tax Form
LPB No. 73 Personal Property Security Agreement
LPB No, 74-16Personal Representative Deed
i
SECTION 3: U.C.C.FORMS
All U.C.C. filing forms accepted by Washington State Department of Licensing
SECTION 4:
Excise Tax Affidavit Forms,Department of Licensing Forms,Auditor's Cover Sheet; Internally
approved Security Agreement Forms
SECTION 5: FARMERS HOME ADMINISTRATION FORMS
All documents approved and designated for use by the United States Department of Agriculture
Farmers Home Administration in connection with closing an FMHA loan on residential property.
INITIALS
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Rainier Title,LLC-Kent
20435 72nd Ave S.,Bldg 3 Ste 155
Kent,WA 98032
ALTA IDq 1083645
RAI N I E RTITL E
(253)216-0240 (P)P)
(425)329-2194(F)
kentescro.0ralnlertdle coal
July 13,2018
Re Escrow Number 723205RT
Seller City of Kent. a Washington municipal corporation
Purchaser/Borrower: The Young Men's Christian Association of Greater Seattle.a
Washington nonprofit corporation
Property Address. Vacant Land Kent.WA 98032
The undersigned Purchaser(s)and Seller(s)certify that all conditions included within and/or added to that
certain JOINT ESCROW INSTRUCTIONS dated 612812018 and ADDENDUM TO JOINT ESCROW
INSTRUCTIONS dated 711 312 01 8,between the undersigned Purchaser(s)and Seiler(s)has/have waived,
met or completed to their satisfaction
The undersigned hereby agree to the closing of the transaction in accordance with the purchase and
sellers escrow instructions
PURCHASERS:
The Young Men's C i tian Association of Greater Seattle,a Washington nonprofit corporation
By: t A",-(
uaraa Isen erger, 1 r Ice President anCo-Coo
SELLERS:
City of Kent, a Washington municipal corporation
By
Dana Ralph,Mayor
Rainier Title,LLC-Kent
Fi 20435 72nd Ave.S,Bldg.3 Ste 155
Kent.WA 98032
ALTA 10#108364
RAI N I E RTITLE
(253)216-0240 (P)
(425)329-2194(F)
kentescrow@rainiertitle.com
Escrow File No.: 723205RT
Purchasers(s): The Young Men's Christian Association of Greater Seattle,a Washington nonprofit corporation
Seller(s): City of Kent, a Washington municipal corporation
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 Rainier Title,LLC. (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. If the Purchase and Sale Agreement provides that a commission is due at
closing,the Company will require payment of the commission according to the broker's demand,which will
be furnished at the closing agent's request. 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 should obtain an addendum
setting forth the legal description as soon as possible and deliver it to the closing agent.
Closing Date. Unless otherwise described in the parties' agreement, the closing date shall be
considered to be the date on which the legal documents are recorded and the funds are available for
disbursement.
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 content 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
deposited with the closing agent shall be deposited in an escrow trust account with a bank doing business
in the State of Washington.
The parties hereby acknowledge that except as provided by Supreme Court Admission to Practice
Rule 12.1 and 12.1 (h) adopted in 1995, the money deposited with closing agent by them in connection
with this escrow will be further deposited into a non-interest bearing account with a financial institution
("the funds depository")whose deposits are covered by FDIC insurance. The parties further acknowledge
that in calculating the amount of available insurance, the FDIC will consolidate moneys deposited under
Page 1 of 6
this escrow with all other funds of the undersigned which are on deposit with the funds depository. The
parties do therefore release closing agent from any liability and assume all responsibility for any loss to
themselves which may result from a lack of FDIC insurance in excess of $250,000.00. The parties
acknowledge that the Closing Agent may receive incidental benefits from the financial institution based on
the existence of its escrow trust account deposits.
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 RCW 18.44.070 provides that
an escrow agent shall not make disbursements until the next business day after the business day on
which the funds are deposited unless the deposit is made in cash,by interbank electronic wire transfer,or
in a form that permits conversion of the deposit to cash on the same day the deposit is made. All
disbursements shall be made by the closing agent's check or, if the payee so instructs in writing.. by
electronic wire transfer.
Funds will be disbursed as quickly as possible following closing. In many instances disbursement
will occur on the next business day. International wire transfers may not be disbursed until the second
business day following closing. Rainier Title will not be responsible for accrual of interest.late fees,or
other charges for which you are responsible in the interim.
Settlement Statement. The closing agent is instructed to prepare a preliminary, estimated
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, which
appear on the Title Report, shall be made on the basis of a 365 day year.. unless the closing agent is
otherwise instructed in writing.
Title Insurance. The closing agent shall order or obtain copies and forward to the parties as
applicable, a Preliminary Commitment for the Title Insurance on the property(referred to herein as"the
title report"), together with copies of the exceptions noted thereon. The parties shall be responsible to
review these items for accuracy,a verification of the legal description,and to determine their acceptability
for purposes of closing.
Verification of Existing Encumbrances. The closing agent is permitted to request a written
statement from the holder of each existing encumbrance on the property, verifying 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. The
Closing Agent may further rely upon any verbal update to a written payoff statement provided by an
existing lender and the borrower agrees to indemnify Closing Agent for payoff amounts which may be
regarded as incomplete or inaccurate by the lender upon receipt.
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'designated attorneys, and to their real estate agent, the designated lender, loan broker and title
insurance company involved in the transaction.
Records Retention. Unless otherwise prescribed by law,the closing agent may destroy after six
(6) years from the closing date hereof, these and records. agreements and instruments relating to the
closing of this transaction, including all documentation and accounting information. excluding however,
any and all loan documents.
Closing Agent's Fees and Expenses. The closing agent's fee is intended as compensation for
the usual closing services as set forth in these instructions. If additional services are requested or
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
Page 2 of 6
costs and expenses incurred by it under these instructions, including but not limited to excessive fax
costs,electronic wire transfer costs and courier fees.
Cancellation. These instructions may be canceled by a written agreement, signed by all of 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, at 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.
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.
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 agents'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
Undisclosed Sewer Charges. Buyer and seller acknowledge that the subject property may be
located within one of those participating cities or sewer districts which have entered into a special
contractual relationship with the Metro Council which may allow Metro to levy a fee or charge an additional
service fee Buyer and Seller agree that any adjustment shall be handled outside of closing and Escrow
Closer shall be held harmless with respect to any such"capacity charge".
Real Estate Disclosure. A Residential Real Estate Sales Disclosure may be required to be
furnished by the seller to the buyer before the closing of the sale of subject property in accordance with
Title 64 RCW, enacted 1994 and as amended. Escrow Closer has not advised either party as to the
scope of such disclosure or the parties'rights or duties thereunder,but has advised both parties to review
these matters with their real estate agent or an attorney of their choice. Escrow Closer is hereby assured
by the buyer that any disclosure required, including any disclosure relative to Farm and Timber,Asbestos
Page 3 of 6
or Lead Base Paint, has been received and the appropriate time has expired and Escrow Closer has no
duty to independently confirm such receipt and time expiration by buyer.
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 in writing,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. If the Purchase and Sale Agreement lists the names and addresses of public utilities
which could claim a lien, the Closing Agent shall request statements for payment of final or estimated
billings and is instructed to pay the amounts demanded by such designated public utilities. In the event
such designated public utilities do not provide the payment information within the time allowances
prescribed by law.Closing Agent shall have no further responsibility to the parties for the payment of said
utilities, and shall not be required to pay them, and seller agrees to discharge said utilities outside of
escrow. All other orders,cancellations.transfers,payments and adjustment of accounts for installation or
service of water, sewer, garbage collection, electricity, gas, fuel oil, telephone, television cable and any
other utilities for public services, including installation fees, will be completed by the parties outside of
escrow. Unless specifically instructed in writing by one or more parties in accordance with State of
Washington RCW 60.80, all orders, cancellations, transfers, payments and adjustments 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 may 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, and will provide
evidence of the required insurance coverage to the closing agent before the closing date, together with a
paid premium receipt or an authorization to pay the premium through escrow.
Possession of the Property. The transfer of possession of the property shall be arranged
between the parties,or through their respective real estate agents,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
1099-S Reporting of Sellers Proceeds. In compliance with the Tax Reform Act of 1986,Internal
Revenue Code Sections 6045(e), 6676. 6722, 6723, and 7203 and as further amended, seller shall
provide all information necessary, including Seller's Taxpayer Identification Number (TIN), for the
preparation of a Form 1099-S as required by the Internal Revenue Service in connection with the closing
and completion of the transaction. Closing agent reserves the right not to close the escrow if adequate
information to complete Form 1099-S is not provided by the seller.
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 such act,unless directed by the parties
in writing. However, the closing agent may request additional information or documentation concerning
sellers' foreign status, and the parties agree to cooperate by providing such information and
documentation.
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
Page 4 of 6
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 rights and responsibilities, if any,under the Consumer Protection Act Truth-in-Lending 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
Additional Agreements,Instructions and Disclosures:
PURCHASER AND SELLER BOTH ACKNOWLED THAT ITEMS 16-40 AND ALL 2018 TAXES OF
TITLE REPORT(ATTACHED) WILL RUN WITH TITLE AND BE A PART OF THE TITLE INSURANCE
PROVIDED,EVEN THOUGH THEY ARE NOT ALL INCLUDED IN THE QUIT CLAIM DEED DEPOSTED
INTO ESCROW ON BEHALF OF THE CITY THE QUIT CLAIM ONLY INCLUDED ITEMS 17-40
SHOWING AS ITEMS 1-25
i
Any additional instructions noted below or attached by addenda are hereby incorporated into these instructions and
made a part hereof
Purchaser
The Young Men's Chn an A sociation of Greater Seattle,a Washington nonprofit corporation
By
Marcia Isenberger,Seniooe President and Co-COO
Seller
City of Kent, a Washington municipal corporation
By.
Dana Ralph.Mayor
Accepted By
t� ti
Jennie Graddon
Rainier Title.LLC
Page 5 of 6
PRIVACY POLICY
We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with
certain information. We understand that you may be concerned about what we will do with such
information—particularly any personal or financial information_ We agree that you have a right to
know how we will utilize the personal information you provide to us. Therefore,we have adopted
this Privacy Policy to govern the use and handling of your personal information
Applicability
Depending upon which of our services you are utilizing, the types of nonpublic personal
information that we may collect include:
• Information we receive from you on applications,forms and in other communications to us,
whether in writing,in person,by telephone or any other means:
• Information about your transactions with us,our affiliated companies,or others,and
• Information we receive from a consumer reporting agency
Use of Information
We request information from you for your own legitimate business purposes and not for the
benefit of any nonaffiliated party. Therefore,we will not release your information to nonaffiliated
parties except:(1)as necessary for us to provide the product or services you have requested of
us; or(2)as permitted by law. We may, however, store such information indefinitely, including
the period after which any customer relationship has ceased Such information may be used for
any internal purpose, such as quality control efforts or customer analysis. We may also provide
all of the types of nonpublic personal information listed above to one or more of our affiliated
companies. Such affiliated companies include financial service providers,such as title insurers,
property and casualty insurers, and trust and investment advisory companies, or companies
involved in real estate services, such as appraisal companies, home warranty companies and
escrow companies.
Former Customers
Even if you are no longer our customer,our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your
information. We restrict access to nonpublic personal information about you to those individuals
and entities who need to know that information to provide products or services to you We will
use our best efforts to train and oversee our employees and agents to ensure that your
information will be handled responsibly and in accordance with this Privacy Policy. We currently
maintain physical, electronic, and procedural safeguards that comply with federal regulations to
guard your nonpublic personal information
Page 6 of 6
16. Private easements rights, if any, of adjacent owners over vacated streets and alleys;
unrecorded, common law, private easement rights may persist despite cessation of
public easement by: 1) non-user statute, RCW 36.87.090; or 2) by vacation or release of
public interest.
17. Right to make necessary slopes for cuts or fills upon the land herein described as
granted to King County by deed recorded under Recording No. 4755699.
18. Right to make necessary slopes for cuts or fills upon the land herein described as
granted to King County by deed recorded under Recording No. 5098728.
19. Easement and the terms and conditions thereof:
Purpose: Ingress, egress and utilities
As disclosed by: Deed
Area affected: a portion of said premises
Recording No.: 6556168
Said easement contains a covenant to bear equal share of cost of construction,
maintenance or repair of same.
20. Easement and the terms and conditions thereof:
Purpose: Ingress, egress and utilities
Area affected: a portion of said premises
As disclosed by: Deed
Recorded: April 24, 1972
Recording No.: 7204240341
21. Easement and the terms and conditions thereof:
Grantee: Puget Sound Power& Light Company
Purpose: Electric transmission and/or distribution line(s)
Area affected: a portion of said premises
Recorded: April 10, 1978
Recording No.: 7804100715
22, All covenants, conditions, restrictions, reservations, easements or other servitudes, if
any, but omitting restrictions, if any, based upon race, color, creed or national origin,
disclosed by the short plat recorded under Recording No. 7804190934.
23. City of Kent Notice of Sewer Connection Charges and the terms and conditions thereof:
Recorded: March 17, 1982
Recording No.: 8203170003
24. Easement and the terms and conditions thereof:
Grantee: Puget Sound Power& Light Company
Purpose: Electric transmission and/or distribution line(s)
Area affected: a portion of said premises
Recorded: July 7, 1986
Recording No.: 8607070302
25. All covenants, conditions, restrictions, reservations, easements or other servitudes, if
any, but omitting restrictions, if any, based upon race, color, creed or national origin,
disclosed by the lot line adjustment recorded under Recording No. 8705119001.
26. Boundary Line Agreement and the terms and conditions thereof:
Recorded: June 2, 1987
Recording No.: 8706021214
Said instrument is a re-record of instrument recorded May 11, 1987, under Recording
No. 8705110435.
27. All covenants, conditions, restrictions, reservations, easements or other servitudes, if
any, but omitting restrictions, if any, based upon race, color, creed or national origin,
disclosed by the lot line adjustment recorded under Recording No. 8706029004.
28. Easement and the terms and conditions thereof:
Grantee: Washington Natural Gas Company
Purpose: Gas pipeline or pipelines
Area affected: a portion of said premises
Recorded: November 23, 1987
Recording No.: 8711230354
29. All covenants, conditions, restrictions, reservations, easements or other servitudes, if
any, but omitting restrictions, if any, based upon race, color, creed or national origin,
disclosed by the lot line adjustment recorded under Recording No. 9005031225.
30. Easement and the terms and conditions thereof:
Grantee: Pacific Northwest Bell Telephone Company
Purpose: Underground communication lines and duct system
Area affected: a portion of said premises
Recorded: January 22, 1988
Recording No.: 8801220677
31. Deed of Right to Use Land for Public Recreation Purposes and the terms and conditions
thereof.
Recorded: June 25, 1997
Recording No.: 9706252035
32. Declaration of Stormwater Facility Maintenance Covenant and the terms and conditions
thereof:
Recorded: September 24, 1998
Recording No.: 9809240714
33. Environmental Mitigation Agreement and the terms and conditions thereof:
Recorded: September 24, 1998
Recording No.: 9809240715
34. Matters set forth by survey:
Recorded: March 16, 1999
Recording No.: 9903169018
35. Matters set forth by survey:
Recorded: January 8, 2002
Recording No.: 20020108900001
36. Deed of Right to Use Land for Public Recreation Purposes and the terms and conditions
thereof:
Recorded: October 11, 2004
Recording No.: 20041011001941
37. Deed of Right to Use Land for Public Recreation Purposes and the terms and conditions
thereof:
Recorded: November 10, 2005
Recording No.: 20051110000431
38. City of Kent Ordinance No. 3766 and the terms and conditions thereof:
Recorded: January 10, 2006
Recording No.: 20060110000426
Regarding: Vacation of street
39. Notice of On-Site Sewage System Operation and Maintenance Requirements, and any
terms and conditions thereof:
Recorded: January 9, 2017
Recording No.: 20170109001021
40. All covenants, conditions, restrictions, reservations, easements or other servitudes, if
any, but omitting restrictions, if any, based upon race, color, creed or national origin,
disclosed by the Lot Line Adjustment recorded under Recording No. 20180613001395.
Said instrument is a correction of original Lot Line Adjustment, recorded under Recording
No. 20180601000444.
End of Schedule B Part II
Rainier Title,LLC-Kent
20435 72nd Ave.S,Bldg.3 Ste 155
Kent,WA 98032
RAIN 1 ERTITLE ALTA ID#1083645
(253)216-0240 (P)
(425)329-2194(F)
kentescrow@rainiertitle.com
Escrow File No. 723205RT
Purchasers(s): The Young Men's Christian Association of Greater Seattle,a Washington nonprofit corporation
Seller(s): City of Kent, a Washington municipal corporation
Supplement To
AGREEMENT AND ESCROW INSTRUCTIONS
For Purchase and Sale Transaction
Including Instructions to Record Documents and Disburse Funds
This supplement is 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 OR WILL DEPOSIT THE FOLLOWING DOCUMENTS WITH THE CLOSING
AGENT UNDER THESE INSTRUCTIONS:
Statutory Warranty Deed
X Real Estate Excise Affidavit
X QUITCLAIM DEED
THE BUYER HAS OR WILL DEPOSIT THE FOLLOWING DOCUMENTS WITH THE CLOSING
AGENT UNDER THESE INSTRUCTIONS:
Promissory Note
Deed of Trust
Loan Documentation Required by Lender
X Real Estate Excise Tax Affidavit
X Sufficient Funds to Close
BY SIGNING THIS DOCUMENT,EACH PARTY ACKNOWLEDGES:
Conditions of Parties'Agreement Satisfied. All terms and conditions of the parties'Purchase
and Sale Agreement have been met to my satisfaction,or will be met,satisfied or complied with outside of
escrow,and closing agent shall not be further concerned.
Title Report Approved. The Preliminary Commitment for Title Insurance,including the legal
description of the property and all attachments and supplements to that report,issued by Rainier Title,
LLC under order number 723205RT are approved by me and made a part of these instructions by this
reference.
Settlement Statement Approved. The preliminary, estimated 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,the
Page 1 of 3
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 review the seller's written disclosure
statement, if any, and 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 and physical condition of the property are my sole responsibility,and are not part
of the closing agent's duties and responsibilities. 1 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.
Assumed Encumbrances Approved. I have had adequate opportunity to review the terms of
payment, interest rates and conditions of any existing notes, deeds of trust, mortgages, contracts,
assessments, or other debts or obligations that I will assume and agree to pay in this transaction, and
hereby approve the same.
THE CLOSING AGENT IS INSTRUCTED TO PROCEED AS FOLLOWS:
Instructions 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$0.00, to be disbursed according to the
settlement statement.
2. Loan proceeds for the buyer's account in the sum of,to be disbursed according to the
settlement statement
3. A policy of title insurance issued pursuant to the Preliminary Commitment for Title Insurance
referred to above,insuring the buyer with ALTA Standard Coverage Owner's Policy
(0612006)coverage with liability of not less than$0.00,having the usual clauses,provisions and
stipulations customarily contained in the printed provisions and schedules of such policy forms,
insuring the buyer's title to the property against all defects or encumbrances except those set forth
in the printed exceptions and exclusions customarily contained in the printed provisions and
schedules of such policy forms,matters attaching by,through or under the buyer,taxes not yet
due,and the matters set forth in the following numbered paragraphs of Schedule B of the
Preliminary Commitment for Title Insurance:ALL 2018 TAXES(5 CURRENT PARCELS) 16-40
4. Such other policies of title insurance as may be required by any lenders that are providing
financing for the transaction,in accordance with instructions from them.
Completion or Correction of Documents. The closing agent is permitted to correct any obvious
or typographical errors found in any document deposited under these instructions, and to insert as
necessary the closing date,the date on which interest begins to accrue,and the dates on which payments
must be made, if such items are incomplete If necessary,the closing agent is authorized to substitute the
vesting page of the executed conveyance deed to amend grantee's(buyer's)names and/or vesting in the
event the buyer or their lender uses a different variation for final closing.
Adjustments and Pro-rations. The closing agent is instructed to adjust and pro-rate as of the
closing date, real estate taxes for the current year,recurrent assessments if any.
E-mail Transmission.Escrow Agent will communicate to the parties using e-mail if that address
is provided by the parties on these instructions or on the P$SA given to the Escrow Agent,or if the parties
communicate directly with the Escrow Agent using e-mail. Email transmission of any signed original
document and retransmission of any signed email transmission, shall be the same as delivery of an
original
Page 2 of 3
1
BY SIGNING THIS DOCUMENT,EACH PARTY ACKNOWLEDGES:
Standard of Care. It is agreed that closing agent,as escrow holder,shall be responsible only for
the exercise of ordinary care in following the instructions contained herein and is hereby released from any
further or additional liability. Seiler agrees jointly and severally with buyer to indemnify and hold closing
agent harmless from and against any loss or damage that may result from closing agent completing this
transaction in accordance with these instructions,and to pay on demand all costs,damages,judgments,
attorneys' fees, expenses, obligations and liabilities of every kind and nature suffered or incurred in
connection with or arising out of this escrow except any liability founded upon failure to exercise ordinary
care in following the instructions contained herein.
Advice to Consult Counsel. It is understood by the parties signing these escrow instructions or
those instructions,which are attached or subsequent, hereto that such instructions constitute the whole
agreement between closing agent and you as principal to the escrow transaction These instructions may
not include all the terms of the agreement,which is the subject of this escrow Read these instructions
carefully and do not sign unless they are acceptable to you Review all questions of a legal nature with
your own attorney
By our signature below we hereby designate Rainier Title to be the closing agent.
Purchaser/Borrower:
The Young Men's Chri an A sociation of Greater Seattle,a Washington nonprofit corporation
By �(aIZ4 :�, e,
Marcia sen erger. ern ice resident an Co-COO—
Seller
City of Kent, a Washingt nicipai corporation
By
Dana Ralph,Mayor
Page 3 of 3
rLwevenue REAL ESTATE EXCISE TAX AFFIDAVIT
wawhmmon Sbte This Point is your receipt.when
1111ASE TYPE(W PRINT CHAPTER 82.45 RC W---CHAPTER 458-61 A WAC stamped by cashier.
I IIIS AF'F'ID.AVIT WILL NO'I-BE AC(H11.:D I NLESS ALL AREAS ON ALt.PA(:F,S ARF Fi'LIA COMPLE I ED
(Sic Oa.of jnsl page for mstrucNnr,I
CI Check box if partial sale of projwns if multiple owners.list percentage of ourick-ship nest to name
The Voung Men's Christian Association,a Washington
Nance Citv of Kent, a Washington municipal corrwration Name nonoro0t cornoration
C� Y
as
ol hlaiiing Address 220411 Ave South 41
hooding Address 909 4'^Avenue
a`t CltyistateiLip Kent,WA 98032 m City:Slate/7{p Seattle,WA 98104
J
Yonne No Uncluding area coderPhone No(including area a.dej
Send all property tax correspondence to XSame as Ruyer/Orantee List all real and personal properh tax Parcel List assessed value(sl
account numbers cheek hex if personal property
I'Ike''uung Men's.Christian Association.a
Nmnc "ashin ton non rofit corporation
202209-9101-114 ❑ 50.00
ts)ailing Address 909 4th Avenue ❑
CNyrState;Lip Seattle,%'A 981114 ❑
Phone No.(including area code) ❑
Street address of property: Vacant Land,Kent,WA 98032
This pro(rerly is located in City of KENT
0 Check box it any of the listed parcels arc being segregated loom another parcel,are part of a houndark line adjustment or parcels being merged
Legal description of property: SEE ATTACHED EXEIISIT A
1 1st all personal property(tangible and uhiug,hie)rucluded in,clone
Select Land I ow Code(s): 11 price.
ISee back of Fast page for instructions) YES No
Was the setter receiving a property tax exemptiol or deferral under
chapters$436,8437,or 8438 RC'N(nooprotu organization. I ! (x I
senior cituen or disabled person homeowner oth Innned
incomct°
vI S No It claiming an exemption,list WAC number and reason Ion exemption
Is this property drsognatcd as forest land per chapter 84 33 RC'xt Y ( I I X) 'CA('No.f tieA ioNSuhsection) a58-6t A-209(2) _
Is this pntpeny classified as current use(open space,farm and agricultural,or umber)land per Chapter 84 34 X.' 1 1 1 I Reason for exemption:
Is this property receiving specal valuation as historical property I 1 1
per chapter 84 26 RC'%V' Government Seller
If any answers are ycs.complete as instructed below
(I)NOII('F.OFCON'fIN14\NCEIFORESILANDORCURREN7IISE) I'NpeofDocument Statutory Warranty Deed
NEW OWNLR(SY I continue the current designation as forest land or —
classitication as current use f optm space.farm and agriculture.or timber) Date of Document June 29th,2018
land,you must sign on(3)below l he county assessor must then Gross Selling Price $Q91t
determine Witte land transferred continues to qualify aid will indicate by 'Perumal Property(deduct)
signing below.If the land no longer qualifies or you do not wish In Exemption Claimed(deduct)
continue the designation or classification,it will he rerrRived and the
compensating or additional taxes will he due and payahle by the selleror taxable Selling Price sq,OU
transferor at the time of sale. (R(.'W 84,33.140 or RCS'84,34.108).
Prior to signing 131 below.you may contact your local county assessor
tot more information. Excise Tax: State ^_Sti.jN)
7-his land 1 ( does ( j does not qualify for continuance.
0.0000 Local sp.00
+Delinquent Interest- State
ULPLII-Y ASSESSOR PA)-I:: I.ocal
(2)NO'f1CF.OF COMPLIANCE(HISTORIC PROPERTV) *Delinquent Penalty
Nf W OWNP.R(S): .1 o continue special valuation as historic property. Subtotal sU 00
sign(3)below. IC the new uwner(s)do mot wish io continue.all
additional tax calculated pursuant to chapter 8426 RCW shall he due -State 1 ethnology Fee
and payzthle by the seller or transferor at the time ol'sale. 'Affidavit Processing Fee sSAo
1olal Due slojii
(3)OWNER(S)SIGNATURE.
A MINIMI'M FEE:OF YI0.00 IS DI'E IN FF,F(S)ANDIOR I AX
PRINT NAME 'Sljf INSI RUCIIONS
I CFRTIFI INDF.R PF:NALTN OF PFRJC RV TIIAI'FIIF FOREGOING,IS TRI F AND('ORRF;('
Signature ol'Grantor or Sigra to
nature of Gramee .1 µ
Grantor's Agent or G ntee's Agent
I he Young Men s Chrishan Assocoah t a wa,lungton
Name(print) City or Kent. a w'ashmctnn mumeipal corporauon Name(prom) non rofil corpora o i
Date&city,I mial utg. Date&cityorsrgning. 7'13—18 S6+t WT
Perjury:Perjury is a class C fekmy which is punishable by imprisonment in the state correctional msutution lira maximum term of Ihn more than live years or by a
line in an amount fiscd by the courl of Ixr more than five thousand dollars(SS,000AW,or by both imprisonment and fine IRCI'9A 20(121)1IC)).
RI VU-01 t7'LJ2i141 IIIISSPA(t_ rRIAS11Rr.R'SIISIONt.Y
the FOR YOUTH DEVELOPMENT
FOR HEALTHY LIVING
FOR SOCIAL RESPONSIBILITY
July 13, 2018
Jennie Graddon
Rainier Title
1501 4th Ave., Suite 300
Seattle, WA 98101
RE: ADDENDUM to Joint Escrow Instructions—City of Kent and The Young
Men's Christian Association of Greater Seattle
Dear Ms. Graddon:
Please allow this letter to serve as an ADDENDUM to the Joint Escrow Instructions
dated June 28, 2018 that were provided to you by Pacifica Law Group, on behalf of The
Young Men's Christian Association of Greater Seattle ("YMCA") and the City of Kent
("City") concerning the City's conveyance of the property described in the Rainier Title
ALTA Commitment for Title Insurance, No. 723205RT.
As stated in the Joint Escrow Instructions, the YMCA shall pay for all title insurance
premiums, recording fees, and other closing costs associated with the recording.
As a non-profit public benefit corporation, the YMCA is exempt from property taxes on
the parcels being conveyed (see WAC 458-16-210 and WAC 458-20-280). In the
event any property taxes are deemed to be owed in association with this transaction,
they will be the responsibility of the YMCA. Both parties are aware that the tax parcel
numbers associated with this transaction are not up-to-date due to all the activity
involved in creating the new parcel; there will be no pro-rations or collections of taxes
by escrow in this transaction.
On page 2 of the Joint Escrow Instructions, the parenthetical reference to deeds of
right in favor of"the State of Washington and its Recreation and Conservation Office"
specifically refer to paragraphs 31, 36, and 37 of the Title Report. Those paragraphs
will show on the title policy, but the YMCA will work with the City outside of the closing
process to get them removed from title in a timely manner. In the event they are not
removed, the YMCA will hold Rainier Title harmless.
The title insurance being provided by Rainier Title applies only to the parcel of land
being conveyed to the YMCA by the City in the Quit Claim Deed; the other Recordable
Agreements attached to the Joint Escrow Instructions describing other leased parcels
and improvements are being recorded by Rainier Title as a courtesy only.
YMCA OF GREATER SEATTLE
909 4th Avenue,Seattle,WA 98104
P 206 392 5000 F 206 382 7283 seattleymca.org
Page 2
The YMCA formally requests a closing date on or before Monday July 16, 2018, and will
remit any required funds at that time.
Once again, thank you for your assistance with this transaction. If there are any
questions concerning the above, please contact me at(206) 851-5084.
Sincerely,
Marcia Isenberger
COO/ Senior VP
The City of Kent:
By:
Date:
Jennie Graddon
From: Peter Lynch <plynch@seattleymca.org>
Sent: Friday, July 13, 2018 4:25 PM
To: Jennie Graddon
Cc: Nathan Phillips
Subject: RE: Signed Final Closing Documents -YMCA of Greater Seattle 723205RT
Attachments: Signed Excise Tax Affidavit.PDF; Re-signed Joint Escrow Instructions.PDF; Re-signed
Addendum to Joint Escrow Instructions.PDF
HI Jennie,
Attached please find what I think are the correct documents. Have a great weekend!
Pete
From:Jennie Graddon<jennieg@ rain iertitle.com>
Sent: Friday,July 13, 2018 3:52 PM
To: Peter Lynch<plynch@seattleymca.org>
Cc: Nathan Phillips<nphillips@seattleymca.org>
Subject: RE:Signed Final Closing Documents-YMCA of Greater Seattle 723205RT
Thanks
I am missing
1. The signed Excise Tax Affidavit
2, The Re signed 2 page Joint Escrow Instruction
3. The Re signed 2 page Addendum to Joint Escrow Instruction
Could you please send these 6 pages?
Thanks�
JENNIE GRADDON,LPO I Escrow Closer
iennieeC@rainiertitle.com 1 teamiennieA@rainiertitle.com
- f d 253 216-1024 1 f 253 216-0253 ( www.rainiertitle.com
RAINIER t(-ITL.._E 20435 72nd Ave.S., Bldg.3,Ste. 155, Kent,WA 98032
ALTA ID 1083645
LPO#2514
PLEASE SEND ALL LOAN DOCUMENTS TO
Rainierpocs@RainierTitle.com
1
John S. Dc Lanoy
john.delanoy(a.,pac ificalawgroup.com
June 2-11,2018
(VIA EMAIL jennieg@rainiertitle.com)
Jennie Graddon
1501 4th Ave.
Suite 300
Seattle,Washington 98101
Re: Joint Escrow Instructions-City of Kent and The Young Men's Christian Association of
Greater Seattle
Dear Jennie:
This firm represents the City of Kent ("City") in connection with the City's conveyance of the Property
(as defined below), for $0.00, to The Young Men's Christian Association of Greater Seattle ("YMCA").
Additionally, the City and the YMCA are entering into certain leases with respect to adjacent property
which will be evidenced by one or more memorandums of lease. The foregoing transaction is referred to
herein as the "Conveyance." This letter constitutes joint escrow instructions from the City and the
YMCA.
The real property("Property")is legally described in the Rainier Title ALTA Commitment for Title
Insurance,No. 723205RT. The City and the YMCA are requesting Rainier Title("Escrow")to act as
escrow agent for purposes of recording the documents referenced below and to issue an owner's policy to
the YMCA with respect to the Property. Other than recording fees,escrow fees and the premium
associated with the foregoing title policy,no other funds will flow through Escrow.
For purposes of closing the Conveyance,executed originals of the following documents have been or will
be delivered to you by the City and the YMCA(collectively,the"Conveyance Documents"):
A. Quit Claim Deed("Deed")executed by the City;and
B. Real Estate Excise Tax Affidavit executed by the City("REETA");
C. Memorandum of Ground Lease("Ground Lease Memo");
D_ Memorandum of Project Lease Agreement("Project Lease Memo").
The Deed,Ground Lease Memo and the Project Lease Memo shall be referred to herein as the
"Recordable Documents."
10003 99999 gml5df23yz
Page 2
(Following closing of the Conveyance,the City will work to remove any deeds of right encumbering the
Property in favor of the State of Washington and its Recreation and Conservation Office and will work
with Rainier Title to have such releases recorded on title to the Property.)
You are authorized to record the Recordable Documents upon satisfaction of the following conditions:
a. You have email or telephonic confirmation to record from Tammy White,on behalf of
the City of Kent,and from Nathan Phillips,on behalf of the YMCA.
b. You have received from the YMCA sufficient funds to cover recording fees, escrow fees
and title policy premiums;
C. You are prepared to issue an Owner's Policy of Standard Coverage Title Insurance for
the Property in an amount separately identified by the YMCA showing the YMCA as the
insured.
Following recording of the Recordable Documents,please confirm that recording has been completed via
email to john delanoy@pacificalawproup.com nphillipsnaseattleymca.org and TWhite(a�kentwa.gov.
Within twenty-four(24)hours after recording the foregoing documents,please deliver to the undersigned
a conformed copy of the recorded documents.
All title premiums, recording fees and title premiums relating to the Conveyance shall be paid by the
YMCA.
If there are any questions concerning the above,please contact me at(206)602-1205.
Very truly yours,
Pacifica Law Group LLP
John S. De Lanoy,on behalf of the City
YMCA:
The Young Men's Christian Association of Greater
Seattle p f
By. 1"tdln��
Its: 5 Coo
Consented to:
Rainier Title
By:
Its:
10003 99999 gm15df23yz
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Kent
Attn: Kent City Clerk
220 Fourth Avenue South
Kent, WA 98032
QUIT CLAIM DEED WITH GRANTEE COVENANTS, RELEASES AND INDEMNITY
Reference numbers of related documents: N/A
GRANTOR: CITY OF KENT,a Washington municipal corporation
GRANTEES: THE YOUNG MEN'S CHRISTIAN ASSOCIATION OF
GREATER SEATTLE,a Washington public benefit corporation
ABBREVIATED
LEGAL: Adjusted Lot A, City of Kent Lot Line Adjustment No.LL-2018-2,
recorded under Recording No. 20180613001395
Situate in the County of King, State of Washington.
ASSESSOR'S TAX
PARCEL NO(S): 202205-9101-04,202205-9186-02, 202205-9211-01, 783080-0410-
08 and 202205-9239-09
I. Grant.
The Grantor, City of Kent, a Washington municipal corporation("Grantor"),for and in
consideration of Ten Dollars($10.00), in hand paid,the covenants,releases and indemnity set
forth herein, other consideration in the form of Grantee's(as defined below) covenant to design
and construct a multi-purpose community facility consisting of a gymnasium, community meeting
rooms, and a six-lane,twenty-five yard swimming pool and to provide the Community Benefits
as defined and set forth in the Development Agreement dated of even date herewith between the
parties (the "Development Agreement"), and that certain Project Lease Agreement between the
Grantor and Grantee,hereby conveys and quit claims to The Young Men's Christian Association
of Greater Seattle,a Washington public benefit corporation ("Grantee"),that certain real
property located in King County, Washington,and legally described on Exhibit A attached
hereto("Property"), subject to:
a. All agreements,covenants, encumbrances and restrictions of record including
without limitation,the exceptions described on Exhibit B attached hereto,
b. the condition that in the event the Grantee ceases to use the Property primarily for
the construction,operation and/or maintenance of a multi-purpose community
facility to be located thereon and consisting of, among other things, a gymnasium,
community meeting rooms,and swimming pool,then the Property shall revert to the
Grantor,or its assigns, free and clear of any claims of the Grantee;and
c. the terms and conditions set forth below.
Grantee's Covenants,Releases and Indemnity("Covenant")
The Property is conveyed AS-IS, WHERE-IS, WITH ALL FAULTS, AND
WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR
IMPLIED, AS TO ITS CONDITION, ENVIRONMENTAL OR OTHERWISE, OR ITS
SUITABILITY OR SUFFICIENCY FOR THE GRANTEE'S INTENDED USES AND
PURPOSES. Grantee acknowledges that adverse physical, economic or other conditions
(including without limitation, adverse environmental soils and groundwater conditions), either
latent or patent, may exist on the Property and assumes Grantor's responsibility for all
environmental conditions of the Property, known or unknown, including but not limited to
responsibility, if any, for investigation, removal or remediation actions relating to the presence,
release or threatened release of any Hazardous Substance as defined in the Development
Agreement or other environmental contamination on, under, emanating from or otherwise
relating to the Property, except to the extent the Grantor has expressly agreed, in the event of a
Significant Unexpected Underground Conditions, to pay for the incremental increase in Project
Costs caused by the Significant Unexpected Underground Conditions in excess of ten percent of
the Project Budget all as defined and set forth in the Development Agreement.
Grantee also releases, covenants not to sue, and shall indemnify, defend, and hold
Grantor and its past, present and future officials, employees, and agents, harmless from and
against any and all claims,demands, penalties, fees, damages, losses,expenses(including but not
limited to fees and costs of regulatory agencies, attorneys, contractors and consultants), and
liabilities arising out of, or in any way connected with, the condition of the Property including
but not limited to any alleged or actual past, present or future presence, release or threatened
release of any Hazardous Substance in, on, under or emanating from the Property, or any portion
thereof or improvement thereon, from any cause whatsoever; it being intended that Grantee shall
so indemnify Grantor and such other persons without regard to any fault or responsibility of
Grantor, Grantee, or such other persons, except to the extent the Grantor has expressly agreed, in
the event of a Significant Unexpected Underground Conditions, to pay for the incremental
increase in Project Costs caused by the Significant Unexpected Underground Conditions in
excess of ten percent of the Project Budget all as defined and set forth in the Development
Agreement. Grantee is aware of the rights it might otherwise have to seek recovery from Grantor
for costs of remediation and cleanup of Hazardous Substances under applicable law, including
without limitation the Washington Model Toxics Control Act ("MTCA") and the federal
Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), and
Grantee hereby knowingly waives all such rights, now existing or hereafter arising, and
voluntarily relinquishes those rights and forever releases the Grantor from any such obligation.
Grantee's release and covenant not to sue shall include both claims by Grantee as
original plaintiff against Grantor and any cross-claims, third-party claims or counterclaims
claims against Grantor by Grantee related to claims made against Grantee by any parties,
including Grantor. This release and covenant not to sue mean that Grantee has no recourse
against Grantor or any of its officers, employees or agents for any claim or liability with respect
to the Property. The obligation to indemnify and defend shall include, but not be limited to,any
liability of Grantor to any and all federal, state or local regulatory agencies or other persons or
entities for remedial action costs and natural resources damages claims.
This Covenant shall apply regardless of whether or not Grantee is culpable, negligent
or in violation of any law, ordinance, rule or regulation, and whether or not Grantor or its
officials, employees or agents had as of the date hereof any information or documents related to
the condition of the Property not known to Grantee, any statement or omission in any other
document or disclosure form notwithstanding.
This Covenant is the entire agreement of the parties with respect to the subject matters
of this Covenant, and supersedes any prior agreements, understandings, representations ,or
warranties as to such matters; however, the release and indemnity herein are in addition to, and
shall neither impair nor be .affected by, any other release or indemnity by Grantee or its
successors now in effect or hereafter made for the benefit of Grantor.
This Covenant is not intended to, nor shall it release, discharge or affect any rights or
causes of action that Grantor or Grantee may have against any other person or entity, except as
otherwise expressly stated herein, and each of the parties reserves all such rights including, but
not limited to, claims for contribution or cost recovery relating to any Hazardous Substance in,
on, under or emanating from the Property.
II. Nondiscrimination.
Grantee further covenants that there shall be no discrimination upon the basis of race,
color, religion, sex, or national origin, in the sale, lease or rental, or in the use or occupancy, of
the Property or any improvements erected or to be erected thereon. This paragraph shall run
with the land and bind Grantee and Grantee's successors and assigns.
This document shall be construed and enforced in accordance with the laws of the State
of Washington as they apply to transactions between Washington residents wholly within such
State. If any provision hereof shall be held invalid or unenforceable in whole or in part then the
terms of this Covenant shall nonetheless remain in effect to the full extent permitted by
applicable law. Grantee irrevocably consents to the jurisdiction of the courts of the State of
Washington and agrees that venue of any action hereunder shall be in King County, Washington.
III. Miscellaneous.
Time is of the essence of all of the provisions hereof.
IV. Notices.
Any notice required or permitted to be given to the parties hereunder shall be in writing
and shall be deemed to have been given upon (i) hand delivery, (ii) one (1) business day after
being deposited with Federal Express or another reliable overnight courier service, with receipt
acknowledgment requested, (iii) upon receipt if transmitted by facsimile telecopy, with a copy
sent on the same day by one of the other permitted methods of delivery, or (iii) upon receipt or
refused delivery deposited in the United States mail, registered or certified mail,postage prepaid,
return receipt required, and addressed as follows:
Grantor's Address:
The City of Kent
Attn: City Attorney
220 Fourth Avenue South
Kent, WA 98032
Grantee's Address:
YMCA of Greater Seattle
Attention: SKC Regional Vice President
900 4th Avenue
Seattle, WA 98104
[Signatures appear on following page]
Signature page to Quit Claim Deed
This Quit Claim Deed is dated this day of 2018.
GRANTOR:
City of Kent,a Washington munic' 1 corporation
By:
Name: r1Q
Its:
GRANTEE:
The Young Men's Christian`Association of Greater
Seattle
By:
Name:
Its:
v!Y. sr t •,
.4 lr
ter`" t /. .0L
'fj,, j.
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
On this day personally appeared before me -AAI;MA4� ,tome known to be
Ot' of the City of Kent, a Washington municipal
corporation, that executed the within and foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said company, for the uses and purposes
therein mentioned, and on oath stated that said individual is authorized to execute said
instrument.
GIV, G rl4iha
j d and official seal this 01 day of June, 2018.
=rd�+0
COX
i
i 9�yy A L% Name'% ,G1r
,Q ; B.20 G�O�` NOTARY PUBLIC in and for the Statding at A�Z� e of
/II11IW�ISN`N ��� My commisoniexpires:
`Z+
STATE OF WASHINGTON )
ss.
COUNTY OF KING ) a
On this day personally appeared before me �-6 X�� 6ititax to me
known to be P A of The Young Men's Christian Association of
Greater Seattle, a Washingt n public benefit corporation,that executed the within and
foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and
deed of said company, for the uses and purposes therein mentioned, and on oath stated that said
individual is authorized to execute said instrument.
GIVEN under my hand and official seal this?19--day of 12018.
+``V, N1��/i� NOTARY PUBLIC in and forte State of
r#4poqA.' "'s Z Washington,residing at
` • - " My commission expires:re -
�1�4
// l� ���h►aaaaaa.�"� ��
i/llllo
Exhibit A
Legal Description of Kent YMCA Land
That portion of the Southwest quarter of the Southwest quarter of the Northeast quarter in Section 20,
Township 22 North,Range 5 East, W.M.,and of Lot 25 of R.O. Smith's Orchard Tracts Addition to Kent
as recorded in Volume 12 of Plats, page 27, in King County, Washington, and that portion of 108th
Avenue Southeast, as vacated by City of Kent Ordinance No. 3766, under Recording No.
20060110000426 more particularly described as follows:
COMMENCING at the East quarter corner of said Section 20,Township 22 North,Range 5 East,W.M.;
THENCE North 88043'15" West, along the South line of the North half of said Section, a distance of
2,355.69 feet;
THENCE North 1°16'45" East, perpendicular to said South line, 30.00 feet to the North margin of
Southeast 248th Street,and the Point of Beginning;
THENCE, continuing, North 1°16'45" East, 323.00 feet to the North line of the South 353.00 feet of the
North half of Section 20;
THENCE North 88'43'15" West,along said North line,297.28 feet;
THENCE South 1°16'45" West, perpendicular to said South line, 213.00 feet, to the North line of the
South 140 feet of the North half of Section 20;
THENCE South 88'43'15" East,along said North line,252.28 feet;
THENCE South 1°16'45" West, perpendicular to said South line, 110.00 feet, to the North margin of
Southeast 248th Street;
THENCE South 88°43'15"East along said North margin 45.00 feet to the Point of Beginning;
(ALSO KNOWN AS Adjusted Lot A, City of Kent Lot Line Adjustment No. LL-2018-2, recorded under
Recording No. 20180613001395,being a correction of Recording No. 20180601000444).
Situate in the County of King,State of Washington.
Exhibit B
Title Exceptions
1. Right to make necessary slopes for cuts or fills upon the land herein described as granted
to King County by deed recorded under Recording No. 4755699.
2. Right to make necessary slopes for cuts or fills upon the land herein described as granted
to King County by deed recorded under Recording No. 5098728.
3. Easement and the terms and conditions thereof:
Purpose: Ingress, egress and utilities
As disclosed by: Deed
Area affected: a portion of said premises
Recording No.:6556168
4. Easement and the terms and conditions thereof:
Purpose: Ingress,egress and utilities
Area affected: a portion of said premises
As disclosed by: Deed
Recorded:April 24, 1972
Recording No.: 7204240341
5. Easement and the terms and conditions thereof:
Grantee:Puget Sound Power&Light Company
Purpose: Electric transmission and/or distribution line(s)
Area affected: a portion of said premises
Recorded:April 10, 1978
Recording No.:7804100715
6. All covenants, conditions, restrictions,reservations, easements or other servitudes, if any,
but omitting restrictions, if any,based upon race,color, creed or national origin,disclosed
by the short plat recorded under Recording No. 7804190934.
7. City of Kent Notice of Sewer Connection Charges and the terms and conditions thereof:
Recorded:March 17, 1982
Recording No.: 8203170003
8. Easement and the terms and conditions thereof:
Grantee:Puget Sound Power&Light Company
Purpose: Electric transmission and/or distribution line(s)
Area affected: a portion of said premises
Recorded:July 7, 1986
Recording No.: 8607070302
9. All covenants,conditions,restrictions, reservations,easements or other servitudes, if any,
but omitting restrictions, if any,based upon race,color, creed or national origin,disclosed
by the lot line adjustment recorded under Recording No. 8705119001.
10. 26.Boundary Line Agreement and the terms and conditions thereof:
Recorded:June 2, 1987
Recording No.: 8706021214
Said instrument is a re-record of instrument recorded May 11, 1987, under Recording
No. 8705110435.
IL All covenants,conditions,restrictions,reservations,easements or other servitudes, if any,
but omitting restrictions,if any,based upon race,color,creed or national origin,disclosed
by the lot line adjustment recorded under Recording No.8706029004.
12. Easement and the terms and conditions thereof:
Grantee: Washington Natural Gas Company
Purpose:Gas pipeline or pipelines
Area affected:a portion of said premises
Recorded:November 23, 1987
Recording No.: 8711230354
13. All covenants,conditions,restrictions, reservations,easements or other servitudes, if any,
but omitting restrictions,if any,based upon race,color,creed or national origin,disclosed
by the lot line adjustment recorded under Recording No.9005031225.
14. Easement and the terms and conditions thereof:
Grantee: Pacific Northwest Bell Telephone Company
Purpose: Underground communication lines and duct system
Area affected:a portion of said premises
Recorded:January 22, 1988
Recording No.:8801220677
15. Deed of Right to Use Land for Public Recreation Purposes and the terms and conditions
thereof.
Recorded:June 25, 1997
Recording No.:9706252035
16. Declaration of Stormwater Facility Maintenance Covenant and the terms and conditions
thereof:
Recorded: September 24, 1998
Recording No.:9809240714
17. Environmental Mitigation Agreement and the terms and conditions thereof:
Recorded: September 24, 1998
Recording No.:9809240715
18. Matters set forth by survey:
Recorded:March 16, 1999
Recording No.:9903169018
19. Matters set forth by survey:
Recorded:January 8,2002
Recording No.:20020108900001
20. Deed of Right to Use Land for Public Recreation Purposes and the terms and conditions
thereof:
Recorded:October 11, 2004
Recording No.:2004101 1001941
21. Deed of Right to Use Land for Public Recreation Purposes and the terms and conditions
thereof:
Recorded:November 10,2005
Recording No.:20051110000431
22. City of Kent Ordinance No.3766 and the terms and conditions thereof.
Recorded:January 10,2006
Recording No.:20060110000426
Regarding: Vacation of street
23. Notice of On-Site Sewage System Operation and Maintenance Requirements, and any
terms and conditions thereof.
Recorded:January 9,2017
Recording No.:20170109001021
24. All covenants,conditions,restrictions,reservations, easements or other servitudes, if any,
but omitting restrictions,if any,based upon race,color, creed or national origin,disclosed
by the Lot Line Adjustment recorded under Recording No. 20180613001395. Said
instrument is a correction of original Lot Line Adjustment,recorded under Recording No.
20180601000444.
25. All real estate taxes relating to the Property.
When Recorded Return to:
Hope Gibson,Planning & Development Mgr
City of Kent Parks, Recreation,and Community
Services Department
220 41h Avenue South
Kent, WA 98032
MEMORANDUM OF GROUND LEASE
Grantor(s): CITY OF KENT
Grantee(s): THE YOUNG MEN'S CHRISTIAN ASSOCIATION OF GREATER
SEATTLE
Legal Description (abbreviated):
X.Complete legal on EXHIBIT A
Assessor's Tax Parcel Identification No(s): 783080-0410; 202205-9211;
202205-9186; 202205-9102;
202205-9240; 202205-9239;
202205-9101; and 202205-9241.
Reference No.of Related Documents: n/a
THIS MEMORANDUM OF GROUND LEASE ("Memorandum") is dated for reference
purposes June 29, 2018 and is made by and between CITY OF KENT, a Washington municipal
corporation ("Landlord"), and THE YOUNG MEN'S CHRISTIAN ASSOCIATION OF
GREATER SEATTLE, a Washington public benefit corporation ("Tenant").
1. Lease. Landlord has leased to Tenant the Premises described in Exhibit A and by
this reference incorporated in this Memorandum ("Premises") at a rent and on the terms and
conditions set forth in that certain Ground Lease dated June 29, 2018, by and between Landlord
and Tenant ("Lease"). The Lease is for a term expiring on the earlier of the expiration of the full
term of the Project Lease,which is 20 years after the first day of the calendar month following
MEMORANDUTM OF GROUND LEASE- 1
the Initial Occupancy Date as defined therein, or the Project Lease early termination date, if early
termination is exercised as provided for in the Project Lease.
2. Definition of Terms. All capitalized terms not otherwise defined in this
Memorandum shall have the same meaning as set forth in the Lease.
3. Tax Exemption. In accordance with RCW 35.42.090,the Lease shall be exempt
from any taxes imposed under the authority of Ch. 82.45 RCW, RCW 82.04.040 or RCW
82.08.090.
4. Lien Notice. Notice is given that Landlord will not be liable for any labor,
services, materials or equipment furnished or to be furnished to Tenant or anyone holding an
interest in the Premises (or any part of the Premises) through or under Tenant, and that no
construction or other liens for any such labor, services, materials or equipment shall attach to or
affect the interest of Landlord in the Premises.
5. Purpose of Memorandum. This Memorandum is prepared for purposes of
recordation only and does not set forth all of the terms and conditions set forth in the Lease. In
the event there is any conflict between the terms and conditions of the Lease and this
Memorandum,the Lease shall control.
DATED the date first above written.
APPROVED AS TO FORM: CITY OF KENT,
a Washington municipal corporation
-)a,,(\a 3Q(31-� —
By By;
Name: Dana Ralph
` Title: Mayor
Da �J� , 2018 Date: June 29, 2018
TENANT:
THE YOUNG MEN'S CHRISTIAN
ASSOCIATION OF GREATER SEATTLE,
a Washington public benefit corporation
By: w
Name: J'n
Title: Tccst rwrl- C,Go
Date: June 29,2018
MEMORANDUM OF GROUND LEASE-2
STATE OF WASHINGTON
COUNTY OF KING } ss.
I certify that I know or have satisfactory evidence that �r��� i 5r is the
person who appeared before me, and said person acknowledged that he signed this instr ent,,qn �{
oath stated that he was authorized to execute the instrument and acknowledged it as the (; 6
of THE YOUNG MEN'S CHRISTIAN ASSOCIATION OF GREATER SEATTLE, a
Washington public benefit corporation, to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
DATED this day of > 2018.
kit
lot
NOT �R�$� Printed Name
S j < ZWE NOTARY PUBI. in d for he State of Washington,
OS►GSI1C a S residing at �( e
O�'%,,�'9.I9 = My Commission Expires
STATE OF TON
} ss.
COUNTY OF KING
I certify that I know or have satisfactory evidence that Dana Ralph is the person who appeared
before me, and said person acknowledged that she signed this instrument,on oath stated that she was
authorized to execute the instrument and acknowledged it as the Mayor of CITY OF KENT, a
Washington municipal corporation, to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
DATED this day of �Ll./b� ,2018.
Plosv 'a, Zip Printe Name H s
0 SpTA,'`Afp� i NOTARY PUBLIC in and for the State of Washington,
o d0 G�f
•• - " s residing at
70 $�2 S My Commission Expires
Z
OP WAg�aG�
MEMORANDUM OF GROUND LEASE-3
Exhibit A to Memorandum of Ground Lease
"Premises
THAT PORTION OF LOTS 25 AND 26, R.O. SMITH'S ORCHARD TRACTS ADDITION TO
KENT, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 12 OF PLATS, PAGE
27, RECORDS OF KING COUNTY, WASHINGTON AND THAT PORTION OF THE SOUTH
HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER SECTION 20, TOWNSHIP 22
NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, BEING MORE
PARTICULARY DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 20, THENCE
N88°43'15"W ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION
1919.02 FEET, , .
THENCE LEAVING SAID SOUTH LINE N00°59'59"E, 30.00 FEET TO THE'NORTH RIGHT OF
WAY LINE OF SOUTHEAST 248T"STREET,AND THE TRUE POINT OF BEGINNNG,
THENCE ALONG SAID NORTH RIGHT OF WAY LINE N88°43'15"W, 70924 FEET;
THENCE N01°53'30"E, 1.50 FEET;
THENCE N88°43'15"W, 98.04 FEET,
THENCE LEAVING SAID NORTH RIGHT OF WAY LINE N13°02'18"E, 58.74 FEET,
THENCE N64°33'29"W, 70.29 FEET;
THENCE S89°52'14"W, 235.82 FEET;
THENCE N80°59'14"W, 155.87 FEET;
THENCE N09°00'46"E, 20.00 FEET;
THENCE N71°57'49"E, 256.71 FEET,
THENCE S34°27'34"E, 89.26 FEET,
THENCE S87°56'17"E, 118.54 FEET;
THENCE N70°40'05"E, 44.20 FEET;
THENCE N07°28'12"E, 202.72 FEET;
THENCE N64°30'41"W, 71.36 FEET,
THENCE N32°48'10"E, 80.77 FEET;
THENCE N61°14'38"E, 78.32 FEET;
THENCE N17°29'18"E, 147.42 FEET TO AN INTERSECTION WITH THE NORTH LINE OF THE
SOUTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF SAID SECTION 20;
THENCE ALONG SAID NORTH LINE S88°43'50"E, 681.60 FEET TO AN EXISTING FENCE
LINE;
THENCE ALONG THE EXISTING FENCE LINE S00°59'59"W, 629.71 TO THE TRUE POINT OF
BEGINNING;
EXCEPT THE FOLLOWING DESCRIBED TRACT OF LAND:
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 20, THENCE
N88°43'15"W ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION
2355.69 FEET,
THENCE N01°16'45"E, 30.00 FEET TO THE NORTH RIGHT OF WAY LINE OF SOUTHEAST
248T"STREET,AND THE TRUE POINT OF BEGINNING OF SAID EXCEPTION;
THENCE CONTINUING N01°16'45"E, 323.00 FEET;
THENCE N88°43'15"W, 297.28 FEET,
THENCE S01°16'45"W, 213.00 FEET,
THENCE S88°43'15"E, 252.28 FEET,-
THENCE S01°08'18"W, 110.00 FEET TO SAID NORTH RIGHT OF WAY LINE,
THENCE ALONG SAID RIGHT OF WAY LINE S88°43'15"E, 45.00 FEET TO THE TRUE POINT
OF BEGINNING OF SAID EXCEPTION.
CONTAINING 447,958 SQUARE FEET MORE OR LESS
June 12 2018
RSA
i
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_ STEg�
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—_JI —NORTH UNE
HISTORIC;LOT / S1/2, S1 2,
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ORCHARD' TRACTS a ,�x vTr1C LET
ADDIPION �6 /
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L11 n� I L20 MJ.
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L7 L6 4S1 04 sN_:_ L25
-L4 —1919.02'
N88'43'15'W
SE 248TH ST L2 L24 n 2355.69'
POINT OF
COMMENCEMENT
E 1/4 SECTION 20
u
LINE TABLE LINE TABLE LINE TABLE
LINE # BEARING LENGTH LINE # BEARING LENGTH LINE # BEARING LENGTH
Lt N88'43'15"W 709.24' L10 S34'27'34"E 89.26' L19 S1'16'45"W 323.00'
L2 N1'53'30"E 1.50' 1-11 S87'56'17"E 118.54' L20 S88'43'15"E 297.28'
L3 N88'43'15"W 98.04' L12 N70'40'05"E 44.20' L21 S1*16'45"W 213.00'
L4 N13'02'18"E 58.74 L13 N7"28'12"E 202-772' L22 S88'43'15"E 252.28'
L5 N64'33'29"W 70.29' L14 N64'30'41"W 71.36' L23 S1'08'18"W 110.00'
L6 S89'52'14"W 235.82' L15 N12'48'10"E 80.77' L24 S88'43'15"E 45.00'
L7 NBO'59'14"W 155.87' L16 N61'14'38"E 78.32 L25 I NO'59'59'E 30.00'
L8 N9'00'46"E 20.00' L17 N17'29'18"E 147.42'
L9 N71'57'49"E 256.71' L18 S1'16'45"W 30.00'
11255 Kirkland Way,Suite 300
Kirkland,WA 98033
E p.425,827.2014 I f 425.827,5043
......................................................
Civil(Structural I Planning I Survey
An Engineering Seances Company paceengrs.com
SCALE: 1"=300' FILE:14661A—CONSTRUCTION LIMIT.DWG DATE:06 07 18 JFS PROJ. NO.: 16441A
When Recorded Return to:
Hope Gibson, Planning& Development Mgr
City of Kent Parks,Recreation,and
Community Services Department
220 4�'Avenue South
Kent, WA 98032
MEMORANDUM OF PROJECT LEASE
Grantor(s): THE YOUNG MEN'S CHRISTIAN ASSOCIATION OF GREATER
SEATTLE
Grantee(s): CITY OF KENT
Legal Description (abbreviated):
X Complete legal on EXHIBIT A
Assessor's Tax Parcel Identification No(s): 783080-0410; 202205-9211;
202205-9186; 202205-9102;
202205-9240; 202205-9239;
202205-9101; and 202205-9241.
Reference No. of Related Documents: n/a
THIS MEMORANDUM OF PROJECT LEASE ("Memorandum") is dated for
reference purposes June 29, 2018 and is made by and between THE YOUNG MEN'S
CHRISTIAN ASSOCIATION OF GREATER SEATTLE,
a Washington public benefit corporation ("Landlord"), and CITY OF KENT, a
Washington municipal corporation ("Tenant").
1. Lease. Landlord has leased to Tenant the Premises described in Exhibit A
and by this reference incorporated in this Memorandum ("Premises") at a rent and on the
terms and conditions set forth in that certain Project Lease Agreement dated June 29,
2018 by and between Landlord and Tenant ("Lease"). The Lease is for a term expiring
twenty (20) years after the first day of the calendar month following the Initial
Kent Memorandum of Project Lease-1
Occupancy Date unless sooner terminated pursuant to the terms of the Lease; provided,
however, that the Tenant's duty to pay Monthly Rent shall not commence until the
Commencement Date.
2. Definition of Terms. All capitalized terms not otherwise defined in this
Memorandum shall have the same meaning as set forth in the Lease.
3. Tax Exemption. In accordance with RCW 35.42.090, the Lease shall be
exempt from any taxes imposed under the authority of Ch. 82.45 RCW, RCW 82.04.040
or RCW 82.08.090.
4. Lien Notice. Notice is given that Tenant will not be liable for any labor,
services, materials or equipment furnished or to be furnished to Landlord or anyone
holding an interest in the Premises (or any part of the Premises) through or under
Landlord, and that no construction or other liens for any such labor, services, materials or
equipment shall attach to or affect the interest of Tenant in the Premises.
5. Purpose of Memorandum. This Memorandum is prepared for purposes
of recordation only and does not set forth all of the terms and conditions set forth in the
Lease. In the event there is any conflict between the terms and conditions of the Lease
and this Memorandum,the Lease shall control.
DATED the date first above written.
THE YOUNG MEN'S CHRISTIAN
ASSOCIATION OF GREATER
SEATTLE,
a Washin n public benefit corporation
By:
Name: Robert B. Gilbertson, Jr.
Title: President/CEO
Date: June 29, 2018 , 2018
TENANT:
APPROVED AS TO FORM:
CITY OF KENT,
a Washington municipal corpor n
By: By:7p5j-tQ-
Name: Dana Ralih
Dat : , 2018 Title: Mayor
Date: June 29,2018
Kent Memorandum of Project Lease-2
STATE OF WASHINGTON
COUNTY OF KING } ss.
I certify that I know or have satisfactory evidence that
is the person who appeared before me, and said person acknowledged that he signed this
instrument, on oath stated "as t t't' to execute the instrument and
acknowledged it as the of THE
YOUNG MEN'S CHRIS IAN ASSOC ATION OF GREATER SEATTLE, a
Washington public benefit corporation,to be the free and voluntary act of such party for the
uses and purposes mentioned in the instrument.
DATED this �My of , 2018.
i
00
Printed Name .
NOTARY PUBLi 'n an or the State of Washington,
i ""If"e = residing at
�'� � '%lht 9 My Commission Expires
��lt
STATE OF WASHINGTON
} ss.
COUNTY OF KING
I certify that I know or have satisfactory evidence that Dana Ralph is the person who
appeared before me, and said person acknowledged that she signed this instrument, on oath
stated that she was authorized to execute the instrument and acknowledged it as the Mayor
of CITY OF KENT,a Washington municipal corporation, to be the free and voluntary act of
such party for the uses and purposes mentioned in the instrument.
DATED this day of . 2018.
slow` ; it a kP Z Prin d Name h S
s '�PT�W— NOTARY PUaL C;n and for the Stattyof Washington,
to o y residing at
i7.04 1��,0 €O My Commission Ex fires
tII1WA S1*0
Kent:lfemorandum of Project Lease-3
Exhibit A
Premises
THAT PORTION OF LOTS 25 AND 26, R.O. SMITH'S ORCHARD TRACTS ADDITION TO
KENT, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 12 OF PLATS, PAGE
27, RECORDS OF KING COUNTY, WASHINGTON AND THAT PORTION OF THE SOUTH
HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER SECTION 20, TOWNSHIP 22
NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, BEING MORE
PARTICULARY DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 20,-THENCE
N88°43'15"W ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF,SAID SECTION
1919.02 FEET,
THENCE LEAVING SAID SOUTH LINE N00°59'59"E, 30.00 FEET TO THE'NORTH RIGHT OF
WAY LINE OF SOUTHEAST 248TH STREET, AND THE TRUE•Pq OFBEGINNING;
THENCE ALONG SAID NORTH RIGHT OF WAY LINE N88°43'15"W*709.24 FEET;
THENCE N01'53'30"E, 1.50 FEET,
THENCE N88°43'15"W, 98.04 FEET;
THENCE LEAVING SAID NORTH RIGHT OF WAY LINE N13°02'18°�;.58.74 FEAT;
THENCE N64°33'29"W, 70.29 FEET;
THENCE S89°52'14"W, 235.82 FEET;
THENCE N80°59'14"W, 155.87 FEET;
THENCE N09°00'46"E, 20.00 FEET;
THENCE N71°57'49"E, 256.71 FEET,-
THENCE S34°27'34"E, 89.26 FEET;
THENCE S87°56'17"E, 11 8.54 FEET;
THENCE N70°40'05"E, 44.20 FEET;
THENCE N07°28'12"E, 202.72 FEET;
THENCE N64°30'41"W, 71.36 FEET,
THENCE N32°48'10"E, 80.77 FEET,
THENCE N61°14'38"E, 78.32 FEET,
THENCE N17°29'18"E, 147.42 FEET TO AN INTERSECTION WITH THE NORTH LINE OF THE
SOUTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF SAID SECTION 20;
THENCE ALONG SAID NORTH LINE S88°43'50"E, 681.60 FEET TO AN EXISTING FENCE
LINE;
THENCE ALONG THE EXISTING FENCE LINE S00°59'59"W, 629.71 TO THE TRUE POINT OF
BEGINNING;
EXCEPT THE FOLLOWING DESCRIBED TRACT OF LAND:
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 20, THENCE
N88°43'15"W ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION
2355.69 FEET;
THENCE N01°16'45"E, 30.00 FEET TO THE NORTH RIGHT OF WAY LINE OF SOUTHEAST
248T" STREET,AND THE TRUE POINT OF BEGINNING OF SAID EXCEPTION.-
THENCE CONTINUING N01'16'45"E, 323,00 FEET,
THENCE N88°43'15"W, 297.28 FEET,-
THENCE S01°16'45"W, 213.00 FEET;
THENCE S88°43'15"E, 252.28 FEET;
THENCE S01°08'18"W, 110.00 FEET TO SAID NORTH RIGHT OF WAY LINE:
THENCE ALONG SAID RIGHT OF WAY LINE S88°43'15"E, 45.00 FEET TO THE TRUE POINT
OF BEGINNING OF SAID EXCEPTION.
CONTAINING 447,958 SQUARE FEET MORE OR LESS
June1122 2018
10 R.1 FUL
wnsgj�c�fG
F.� o
� K
32429 ��
1� � rST �
��AL LA1v4
' NORTH LINE
I 51/2, Si/2,
HISTORIC,LOT coNE1/4, SEC 20
LINES
ORCHARD' TRACTS IR
K;"LOT
ADDITION �6
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1"=300'
> N
to
26 25 c� a,
Iqr r h K a :3 x c
INoos o
[L-
22 n..$� 5 in TPOB
L7 L6 5' �r L25
� �.
—1919.02'
48TH 3T N88'43'15"w
SE 2
L2J L24 n 2355.69'
POINT OF
COMMENCEMENT
E 1/4 SECTION 20
LINE TABLE LINE TABLE LINE TABLE
LINE # BEARING LENGTH LINE # BEARING LENGTH LINE # BEARING LENGTH
L1 N88'43'15"W 709.24' L10 S34'27'34"E 89.26' L19 S1*16'45"W 323.00'
L2 N1'53'30"E 1.50' L11 S87'56'17"E 118.54' L20 S88'43'15"E 297.28'
L3 N88'43'15"W 98.04' 1-12 N70'40'05"E 44.20' L21 S116'45"W 213.00'
L4 N13'02'18"E 58.74' L13 N7'28'12"E 202.72' L22 S88'43'15"E 252.28'
L5 N64'33'29"W 70.29' L14 N64'30'41"W 71,36' L23 S1'08'18'W 110.00'
L6 S89'52'14"W 235.82' L15 N32'48'10"E 80.77' L24 S88'43'15"E 45.00'
L7 N80'59'14"W 155.87' L16 N61*14'38"E 78.32' L25 NO'59'59"E 30.00'
L8 N9'00'46"E 20.00' L17 N17'29'18"E 147.42'
L9 N71'57'49"E 256.71' L18 St'16'45"W 30.00'
11255 Kirkland Way,Suite 300
Kirkland,WA 98033
p.425.827.2014 I f.425.827.5043
......................................................
Civil(Structural Planning I Survey
An Engineering Services Company paceengrs.conn
SCALE: 1"=300' FILE:14661 A-CONSTRUCTION LIMIT.DWG DATE:06 07 18 JFS PROJ. NO.: 16441A
Brenda McCoy, Executive Vice President of Title
Genevieve Tomberg, Senior Title Officer
Kathy Hickey Senior Title Officer
Tonya Harris. Title Officer
Beth Fusaro.Title Officer
Ronda Mills,Title Officer
1501 4'�Ave., Suite 300
RA INIERTITLE Seattle WA 98101
Toll Free: (888)929-1999
Ph: (425)551-5501
Fax: (206)230-7779
Email:thetitieteam(a�rain iertitle.com
SUPPLEMENTAL COMMITMENT NO. 3 TO SECOND REPORT
Order Number: 723205RT
Reference Number: PW2016-043Parks Project/ City of Kent / P21019.64
Buyer/Borrower: The Young Men's Christian Association, a Washington nonprofit
corporation
Property Address: Vacant Land, Kent, WA 98032
Exception(s) No. 2 of the above referenced Commitment is (are) hereby amended to read as
follows:
General taxes and charges: 1st half delinquent May 1, if not paid; 2nd half delinquent
November 1, if not paid.
Year: 2018
Amount billed: $2,108.17
Amount paid: $11.01
Amount unpaid: $2,097.16
Tax Account No.: 202205-9101-04
Levy code: 1526
Assessed value of land: $169,000.00
Assessed value
of improvements: $0.00
Affects: Said premises and other property
Exception(s) No. 3 of the above referenced Commitment is (are) hereby amended to read as
follows:
General taxes and charges: 1 st half delinquent May 1, if not paid; 2nd half delinquent
November 1, if not paid.
Year: 2018
Amount billed: $2,182.64
Amount paid: $11.02
Amount unpaid: $2,171,62
Tax Account No.: 202205-9186-02
Levy code: 1526
Assessed value of land: $175,000.00
Assessed value of improvements: $0.00 Affects: Said premises and other property
Exception(s) No 4 of the above referenced Commitment is (are) hereby amended to read as
follows:
General taxes and charges: 1 st half delinquent May 1, if not paid; 2nd half delinquent
November 1, if not paid.
Year: 2018
Amount billed: $2,964.68
Amount paid: $11.28
Amount unpaid: $2,953.40
Tax Account No.: 202205-9211-01
Levy code: 1526
Assessed value of land: $238,000.00
Assessed value
of improvements: $0.00
Affects: Said premises and other property
Exception(s) No. 5 of the above referenced Commitment is (are) hereby amended to read as
follows:
General taxes and charges: 1st half delinquent May 1, if not paid; 2nd half delinquent
November 1, if not paid.
Year: 2018
Amount billed. $10,364.41
Amount paid: $15.12
Amount unpaid: $10,349.29
Tax Account No.: 783080-0410-08
Levy code: 1526
Assessed value of land: $605,000.00
Assessed value
of improvements: $229,000.00
Affects: Said premises and other property
Exception(s) No. 6 of the above referenced Commitment is (are) hereby amended to read as
follows:
General taxes and charges: 1st half delinquent May 1, if not paid; 2nd half delinquent
November 1, if not paid.
Year: 2018
Amount billed: $5,100.58
Amount paid: $12.80
Amount unpaid: $5,087.78
Tax Account No.: 202205-9239-09
Levy code: 1526
Assessed value of land: $193,000.00
Assessed value
of improvements: $217,000.00
Affects: Said premises and other property
Rainier Title, Agent for Stewart Title Guaranty Company
By:
&X-a4A?�
Brenda L. McCoy, Executive Vice President
Dated: July 12, 2018
Brenda McCoy,Executive Vice President of Title
Genevieve Tomberg,Senior Title Officer
Kathy Hickey,Senior Title Officer
Tonya Harris,Title Officer
Beth Fusaro,Title Officer
Ronda Mills,Title Officer
1501 4v,Ave..Suite 300
RAINIERTITLE Seattle,WA 98101
Toll Free:(888)929-1999
Ph:(425)551-5501
Fax:(206)230-7779
Email:thetitieteamCa)rainiertitle.com
SUPPLEMENTAL COMMITMENT NO. 2 TO SECOND REPORT
Order Number: 723205RT
Reference Number: PW2016-043Parks Project/City of Kent/ P21019.64
Buyer/Borrower: The Young Men's Christian Association, a Washington nonprofit
corporation
Property Address: Vacant Land, Kent, WA 98032
Exception Number(s) 8, 9 & 12 (are) hereby deleted from the above referenced Commitment.
Rainier Title, Agent for Stewart Title Guaranty Company
By:
Brenda L. McCoy, Executive Vice President
Dated: June 29, 2018
Brenda McCoy, Executive Vice President of Title
Genevieve Tomberg, Senior Title Officer
Kathy Hickey,Senior Title Officer
Tonya Harris,Title Officer
Beth Fusaro,Title Officer
�_ •��_ Ronda Mills,Title Officer
1501 4th Ave. Suite 300
RAINIERTITLE Seattle, 92 98101
Toll Free: (888) 9-1999
Ph:(425)551-5501
Fax: (206)230-7779
Email:thetitleteame-rainiertitle.com
SUPPLEMENTAL COMMITMENT NO. 1 TO SECOND REPORT
Order Number: 723205RT
Reference Number: PW2016-043Parks Project / City of Kent/ P21019.64
Buyer/Borrower: The Young Men's Christian Association, a Washington nonprofit
corporation
Property Address: Vacant Land, Kent, WA 98032
ALTA Standard Coverage Owner's Policy (0612006) Amount: $1,000,000.00
ST-Owners Standard Premium: $1,926.00
Sales Tax: $192.60
Note: Premium Split for HUD-1: Underwriter portion: $192.60; Agent Portion: $1,926.00
The Legal Description set forth in the above referenced Commitment is hereby amended to
read as follows:
As set forth in Exhibit A attached hereto.
Exhibit A
That portion of the Southwest quarter of the Southwest quarter of the Northeast quarter in Section 20,
Township 22 North, Range 5 East, W.M., and of Lot 25 of R.O. Smith's Orchard Tracts Addition to Kent as
recorded in Volume 12 of Plats, page 27, in King County. Washington, and that portion of 108th Avenue
Southeast, as vacated by City of Kent Ordinance No. 3766, under Recording No. 20060110000426 more
particularly described as follows:
COMMENCING at the East quarter corner of said Section 20, Township 22 North, Range 5 East, W.M.;
THENCE North 88043'15"West, along the South line of the North half of said Section, a distance of
2,355.69 feet;
THENCE North1°16'45" East, perpendicular to said South line, 30.00 feet to the North margin of
Southeast 248th Street, and the Point of Beginning;
THENCE, continuing, North 1°16'45" East. 323.00 feet to the North line of the South 353.00 feet of the
North half of Section 20;
THENCE North 88°43'15"West, along said North line, 297.28 feet;
THENCE South 1°16'45"West, perpendicular to said South line, 213.00 feet, to the North line of the South
140 feet of the North half of Section 20;
THENCE South 88°43'15" East, along said North line, 252.28 feet;
THENCE South 1°16'45"West, perpendicular to said South line, 110.00 feet, to the North margin of
Southeast 248th Street;
THENCE South 88°43'1F East along said North margin 45.00 feet to the Point of Beginning;
(ALSO KNOWN AS Lot A, City of Kent Lot Line Adjustment No. LL-2018-2, recorded under Recording No.
20180613001395, being a correction of Recording No. 20180601000444).
Situate in the County of King, State of Washington.
Rainier Title, Agent for Stewart Title Guaranty Company
By:
Brenda L. McCoy, Executive Vice President
Dated: June 28, 2018
Brenda McCoy,Unit Manager and Senior Vice President
Genevieve Tomberg,Senior Title Officer
Kathy Hickey,Senior Title Officer
Tonya Harris,Senior Title Officer
Ronda Mills,Title Officer
Edwin Febus,Title Officer
1501 4"Ave.,Suite 300
RAINIERTITLE Seattle, 92 98101
-1999
Toll Free:(888) 91999
Ph (425)551-5501
Fax: (206)230-7779
Email:thetitleteam rainiertitle com
SECOND REPORT
SCHEDULE A
Order Number: 723205RT
PW2016-043Parks Project/ City of Kent/
P21019.64
1. Effective Date: June 6, 2018 at 8:00 A.M.
2. Policy or Policies to be issued:
ALTA Standard Coverage Owner's Policy(06/2006) Amount: To Be Determined
ST-Owners Standard Premium: To Be Determined
None Sales Tax: To Be Determined
Proposed Insured: The Young Men's Christian Association, a Washington nonprofit corporation
ALTA Extended Coverage Loan Policy Amount: To Be Determined
(06/2006) Premium: To Be Determined
Rate:ST-Lenders Extended Sales Tax: To Be Determined
Discount None
Proposed Insured: To Be Determined
3. The estate or interest in the land described or referred to in this commitment is:
FEE SIMPLE
4. Title to the FEE SIMPLE estate or interest in the land is at the Effective Date vested in:
City of Kent, a Washington municipal corporation
5. The land referred to in this Commitment is described in Exhibit A.
Rainier Title, Agent for Stewart Title Guaranty Company
By:
Brenda McCoy, Unit Manager
RAINIER TITLE, LLC
EXHIBIT A
LEGAL DESCRIPTION
That portion of the Southwest quarter of the Southwest quarter of the Northeast quarter in
Section 20, Township 22 North, Range 5 East, W.M., and of Lot 25 of R.O. Smith's
Orchard Tracts Addition to Kent as recorded in Volume 12 of Plats, page 27, in King
County, Washington, and that portion of 108th Avenue Southeast, as vacated by City of
Kent Ordinance No. 3766, under Recording No. 20060110000426 more particularly
described as follows:
COMMENCING at the East quarter corner of said Section 20, Township 22 North, Range 5
East, W.M.;
THENCE North 88'43'15"West, along the South line of the North half of said Section, a
distance of 2,355.69 feet;
THENCE North1°16'45" East, perpendicular to said South line, 30.00 feet to the North
margin of Southeast 348th Street, and the Point of Beginning;
THENCE, continuing, North 1°16'45" East, 323.00 feet to the North line of the South 353.00
feet of the North half of Section 20;
THENCE North 88043'15" West, along said North line, 297.28 feet;
THENCE South 1°16'45"West, perpendicular to said South line. 213.00 feet, to the North
line of the South 140 feet of the North half of Section 20,-
THENCE South 88°43'15" East, along said North line, 252.28 feet;
THENCE South 1°16'45"West, perpendicular to said South line, 110.00 feet, to the North
margin of Southeast 248th Street;
THENCE South 88'43'15" East along said North margin 45.00 feet to the Point of
Beginning;
(ALSO KNOWN AS Lot A, City of Kent Lot Line Adjustment No. LL-2018-2, recorded under
Recording No. 20180613001395, being a correction of Recording No. 20180601000444).
Situate in the County of King, State of Washington.
End of Schedule A
SCHEDULE B
PART
I. The following are the requirements to be complied with:
A. Payment to or for the account of the grantors or mortgagors of the full consideration for the estate
or interest to be insured.
B. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed
for record.
NOTE: Effective January 1, 1997, and pursuant to amendment of Washington state statutes relating
to standardization of recorded documents, the following format and content requirements must be met.
Failure to comply may result in rejection of the document by the recorder.
FORMAT:
• Margins to be 3" on top of first page, 1" on sides and bottom, 1" on top, sides and bottom of each
succeeding page.
• Font size of 8 points or larger and paper size of no more than 8 '/2" by 14".
• No attachments on pages such as stapled or taped notary seals, pressure seals must be
smudged.
INFORMATION WHICH MUST APPEAR ON THE FIRST PAGE:
• Title or titles of document. If assignment or reconveyance, reference to auditor's file number or
subject deed of trust.
• Names of grantor(s) and grantee(s) with reference to additional names on following page(s), if
any.
• Abbreviated legal description (lot, block, plat name or section, township, range and quarter
section for unplatted).
• Assessor's tax parcel number(s).
• Return address which may appear in the upper left hand 3" top margin.
11. Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless
the same are disposed of 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 of record for value the estate or interest or mortgage thereon covered
by this commitment.
B. Any policy issued pursuant hereto will contain the Exclusions From Coverage and, under Schedule
B, the standard exceptions as set forth and identified as to the type of policy on the attached
Schedules of Exclusions and Exceptions.
End of Schedule B Part I
Order Number: 723205RT
SCHEDULE B
PART 11
General Exceptions:
Schedule B Exceptions appearing in ALTA Owner's Policy (6/17/06)—Standard Coverage and ALTA
Loan Policy (6/17/06)—Standard Coverage:
1. Taxes or assessments which are not shown as existing liens by the public records.
2. (i) Unpatented mining claims; (ii) reservations or exceptions in patents or in Acts authorizing the issuance
thereof; (iii) water rights, claims or title to water; whether or not the matters described in (i), (ii), & (iii) are
shown in the public records; (iv) Indian tribal codes or regulations, Indian treaty or aboriginal rights, including
easements or equitable servitudes.
3. Rights or claims of parties in possession not shown by the public records.
4. Easements, claims of easements or encumbrances which are not shown by the public records.
5. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate
survey and inspection of the premises and which are not shown by the public records.
6. 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.
7. Any service, installation, connection, maintenance, tap, capacity, construction or reimbursement charges for
sewer, water, electricity or other utilities, or for garbage collection and disposal.
8. Any titles or rights asserted by anyone, including but not limited to persons, corporations, governments, or
other entities, to tidelands, or lands comprising the shores or bottoms of navigable rivers, lakes, bays, ocean
or gulf, or lands beyond the line of the harbor or bulkhead lines as established or changed by the United
States Government, or riparian rights, if any.
9 Minerals of whatsoever kind, subsurface and surface substances, including but not limited to coal, lignite, oil,
gas, uranium, clay, rock, sand and gravel in. on, under and that may be produced from the Land, together
with all rights, privileges, and immunities relating thereto, whether or not appearing in the Public Records or
listed in Schedule B. The Company makes no representation as to the present ownership of any such
interests. There may be leases, grants, exceptions or reservations of interests that are not listed.
Schedule B Exceptions appearing in ALTA Owner's Policy (6/17/06)—Extended Coverage:
1. Taxes or assessments which are not shown as existing liens by the public records.
2. (i) Unpatented mining claims; (ii) reservations or exceptions in patents or in Acts authorizing the issuance
thereof; (iii) water rights, claims or title to water; whether or not the matters described in (i), (ii), & (iii) are
shown in the public records; (iv) Indian tribal codes or regulations, Indian treaty or aboriginal rights, including
easements or equitable servitudes.
3. Any service, installation, connection, maintenance, tap, capacity, construction or reimbursement charges for
sewer, water, electricity or other utilities, or for garbage collection and disposal.
4. Any titles or rights asserted by anyone, including but not limited to persons, corporations, governments, or
other entities, to tidelands, or lands comprising the shores or bottoms of navigable rivers, lakes, bays, ocean
or gulf, or lands beyond the line of the harbor or bulkhead lines as established or changed by the Unites
States Government, or riparian rights, if any.
5 Minerals of whatsoever kind, subsurface and surface substances, including but not limited to coal, lignite, oil,
gas, uranium, clay, rock, sand and gravel in, on, under and that may be produced from the Land, together
with all rights, privileges, and immunities relating thereto, whether or not appearing in the Public Records or
listed in Schedule B. The Company makes no representation as to the present ownership of any such
interests. There may be leases, grants, exceptions or reservations of interests that are not listed.
Schedule B Exceptions appearing in ALTA Loan Policy (6117/06) and ALTA Homeowner's Policy Of
Title Insurance (02/03/10)
1 Minerals of whatsoever kind, subsurface and surface substances, including but not limited to coal, lignite, oil,
gas, uranium, clay, rock, sand and gravel in, on, under and that may be produced from the Land, together
with all rights, privileges, and immunities relating thereto, whether or not appearing in the Public Records or
listed in Schedule B. The Company makes no representation as to the present ownership of any such
interests. There may be leases, grants, exceptions or reservations of interests that are not listed.
SCHEDULE B
PART II (continued)
Special Exceptions:
1. Payment of real estate excise tax, if required, pursuant to the authority of RCW Chapter
82.45, and subsequent amendments thereto.
The property described herein is situated within the boundaries of local taxing authority
of the City of Kent. As of the effective date herein, the real estate excise tax rate is
1.78%.
2. General taxes and charges for the year 2018, which have been paid.
Amount: $11.01
Tax Account No.: 202205-9101-04
Levy code: 1526
Assessed value of land: $0.00
Assessed value
of improvements: $0.00
Affects: Said premises and other property
3. General taxes and charges for the year 2018, which have been paid.
Amount: $11.02
Tax Account No.: 202205-9186-02
Levy code: 1526
Assessed value of land: $0.00
Assessed value
of improvements: $0.00
Affects: Said premises and other property
4. General taxes and charges for the year 2018, which have been paid.
Amount: $11.28
Tax Account No.: 202205-9211-01
Levy code: 1526
Assessed value of land: $0.00
Assessed value
of improvements: $0.00
5. General taxes and charges for the year 2018, which have been paid.
Amount: $15.12
Tax Account No.: 783080-0410-08
Levy code: 1526
Assessed value of land. $0.00
Assessed value
of improvements: $0.00
Affects: Said premises and other property
6. General taxes and charges for the year 2018, which have been paid.
Amount: $12.80
Tax Account No.: 202205-9239-09
Levy code: 1526
Assessed value of land: $0.00
Assessed value
of improvements: $0.00
Affects: Said premises and other property
7. The records of the King County Assessor indicate the premises herein described as
having an exemption for the calendar year 2018.
Tax Account No.: 202205-9101-04
Investigation should be made with the Assessor's office to determine the liability for any
past taxes plus interest and penalty which may be due and payable because of any
change in the tax status of said premises. Please contact the King County Assessor's
Office at 206-296-3920.
8. Liability, if any, for personal property taxes pursuant to R.C.W. 84,56.070 wherein no
conveyance can be made without prepayment of said tax, including advanced tax.
Any question should be directed to the Personal Property Tax Department of the County
wherein the property is located.
9. Matters relating to the questions of survey, rights of parties in possession, and
unrecorded lien rights for labor and material, if any, the disposition of which will be
furnished by supplemental report.
10. The legal description submitted has been modified to comply with the public records and
to reflect the parties presumed intent. Closing instructions must indicate that the legal
description has been reviewed and approved by all parties to this transaction.
11. Unrecorded leaseholds, if any; rights of vendors and holders of security interest on
personal property installed upon the land; and rights of tenants to remove trade fixtures
at the expiration of the term.
PLEASE FULLY COMPLETE AND RETURN THE ATTACHED AFFIDAVIT TO THE
COMPANY FOR REVIEW PRIOR TO CLOSING.
12. Matters affecting security interests in personal property which may be disclosed by a
search of the Uniform Commercial Code (UCC) records at the Washington State
Department of Licensing in Olympia.
13. We find no conveyances within the last 36 months.
NOTE: The Recording No. of the Deed under which title is held is: 20011205001669,
20050727003113 (re-record of 20050513000790), 9411220759 and 20170109001022.
14. Evidence should be submitted which shows that The Young Men's Christian Association,
a Washington non-profit Corporation is a duly authorized entity(e.g., a corporation, a
partnership or a joint venture), together with evidence of the identity and authority of the
parties who will execute the forthcoming instruments for the named entity.
15. According to the Application for Title Insurance, the Proposed Insured is The Young
Men's Christian Association, a Washington nonprofit corporation. We find no pertinent
matters of record against the name(s) of said party(ies).
16. Private easements rights, if any, of adjacent owners over vacated streets and alleys;
unrecorded, common law, private easement rights may persist despite cessation of
public easement by: 1) non-user statute, RCW 36.87.090; or 2) by vacation or release of
public interest.
17. Right to make necessary slopes for cuts or fills upon the land herein described as
granted to King County by deed recorded under Recording No. 4755699.
18. Right to make necessary slopes for cuts or fills upon the land herein described as
granted to King County by deed recorded under Recording No. 5098728.
19. Easement and the terms and conditions thereof:
Purpose: Ingress, egress and utilities
As disclosed by: Deed
Area affected: a portion of said premises
Recording No.: 6556168
Said easement contains a covenant to bear equal share of cost of construction,
maintenance or repair of same.
20. Easement and the terms and conditions thereof:
Purpose: Ingress, egress and utilities
Area affected: a portion of said premises
As disclosed by: Deed
Recorded: April 24, 1972
Recording No.: 7204240341
21. Easement and the terms and conditions thereof:
Grantee: Puget Sound Power& Light Company
Purpose: Electric transmission and/or distribution line(s)
Area affected: a portion of said premises
Recorded: April 10, 1978
Recording No.: 7804100715
22. All covenants, conditions, restrictions, reservations, easements or other servitudes, if
any, but omitting restrictions, if any, based upon race, color, creed or national origin,
disclosed by the short plat recorded under Recording No. 7804190934.
23. City of Kent Notice of Sewer Connection Charges and the terms and conditions thereof:
Recorded: March 17, 1982
Recording No.: 8203170003
24. Easement and the terms and conditions thereof:
Grantee: Puget Sound Power& Light Company
Purpose: Electric transmission and/or distribution line(s)
Area affected: a portion of said premises
Recorded: July 7, 1986
Recording No.: 8607070302
25. All covenants, conditions, restrictions, reservations, easements or other servitudes, if
any, but omitting restrictions, if any, based upon race, color, creed or national origin,
disclosed by the lot line adjustment recorded under Recording No. 8705119001.
26. Boundary Line Agreement and the terms and conditions thereof:
Recorded: June 2, 1987
Recording No.: 8706021214
Said instrument is a re-record of instrument recorded May 11, 1987, under Recording
No. 8705110435.
27. All covenants, conditions, restrictions, reservations, easements or other servitudes, if
any, but omitting restrictions, if any, based upon race, color, creed or national origin,
disclosed by the lot line adjustment recorded under Recording No. 8706029004.
28. Easement and the terms and conditions thereof:
Grantee: Washington Natural Gas Company
Purpose: Gas pipeline or pipelines
Area affected: a portion of said premises
Recorded: November 23, 1987
Recording No.: 8711230354
29. All covenants, conditions, restrictions, reservations, easements or other servitudes, if
any, but omitting restrictions, if any, based upon race, color, creed or national origin,
disclosed by the lot line adjustment recorded under Recording No. 9005031225.
30. Easement and the terms and conditions thereof:
Grantee: Pacific Northwest Bell Telephone Company
Purpose: Underground communication lines and duct system
Area affected: a portion of said premises
Recorded: January 22, 1988
Recording No.: 8801220677
31. Deed of Right to Use Land for Public Recreation Purposes and the terms and conditions
thereof:
Recorded: June 25, 1997
Recording No.: 9706252035
32. Declaration of Stormwater Facility Maintenance Covenant and the terms and conditions
thereof:
Recorded: September 24, 1998
Recording No.: 9809240714
33. Environmental Mitigation Agreement and the terms and conditions thereof:
Recorded: September 24, 1998
Recording No.: 9809240715
34. Matters set forth by survey:
Recorded: March 16, 1999
Recording No.: 9903169018
35. Matters set forth by survey:
Recorded: January 8, 2002
Recording No.: 20020108900001
36. Deed of Right to Use Land for Public Recreation Purposes and the terms and conditions
thereof:
Recorded: October 11, 2004
Recording No.: 20041011001941
37. Deed of Right to Use Land for Public Recreation Purposes and the terms and conditions
thereof:
Recorded: November 10, 2005
Recording No.: 20051110000431
38. City of Kent Ordinance No. 3766 and the terms and conditions thereof:
Recorded: January 10, 2006
Recording No.: 20060110000426
Regarding: Vacation of street
39. Notice of On-Site Sewage System Operation and Maintenance Requirements, and any
terms and conditions thereof:
Recorded: January 9, 2017
Recording No.: 20170109001021
40. All covenants, conditions, restrictions, reservations, easements or other servitudes, if
any, but omitting restrictions, if any, based upon race, color, creed or national origin,
disclosed by the Lot Line Adjustment recorded under Recording No. 20180613001395.
Said instrument is a correction of original Lot Line Adjustment, recorded under Recording
No. 20180601000444.
End of Schedule B Part II
Additional Notes:
A. Abbreviated Legal Description: Ptn S1/2 of NE1/4 and ptn S1/2 of NW1/4 of STIR 20-22-5, W.M.
B. Property Address: Vacant Land, Kent, WA 98032
C. Investigation should be made to determine if there are any service, installation, maintenance or
construction charges for sewer, water, telephone, gas, electricity or garbage and refuse collection.
D. To help conserve natural resources, we will automatically issue the forthcoming original policy(ies)
electronically. Please provide us with a current e-mail address for the new owner and/or lender prior to
closing or by emailing thetitleteam(D_rainiertitle.com. A hard copy version may be issued upon request.
E. Unless otherwise requested, the forms of policy to be issued in connection with this commitment will be
ALTA 2006 policies, or in the case of standard lender's coverage, the CLTA Standard Coverage Policy
— 2006. The Owner's policy will automatically include the Additional Coverage Endorsement, when
applicable, at no additional charge. The Policy committed for or requested may be examined by inquiry
at the office which issued the commitment. A specimen copy of the policy form(s) referred to in this
commitment will be furnished promptly upon request.
F. In the event that the commitment jacket is not attached hereto, all of the terms, conditions and
provisions contained in said jacket are incorporated herein. The commitment jacket is available for
inspection at any company office.
G. The policy(s) of insurance may contain a clause permitting arbitration of claims at the request of either
the insured or the company. Upon request, the company will provide a copy of this clause and the
accompanying arbitration rules prior to the closing of the transaction.
STG Privacy Notice 2 (Rev 01/26/09) Independent Agencies and Unaffiliated Escrow Agents
WHAT DO/DOES THE RAINIER TITLE LLC AND STEWART TITLE GUARANTY COMPANY DO
WITH YOUR PERSONAL INFORMATION? E
Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable
state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice
carefully to understand how we use your personal information. This privacy notice is distributed on behalf of Rainier Title LLC and
Stewart title Guaranty Company and its affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm-Leach-Bliley Act
(GLBA).
The types of personal information we collect and share depend on the product or service that you have sought through us.This
information can include social security numbers and driver's license number. t
All financial companies, such as Rainier Title LLC and Stewart Title Guaranty Company, need to share customers' personal i
information to run their everyday business—to process transactions and maintain customer accounts. In the section below, we list the
reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this
sharin .
I
For our everyday business purposes—to process your transactions and
maintain your account.This may include running the business and managing Yes No
customer accounts, such as processing transactions, mailing,and auditing
services,and responding to court orders and legal investigations.
For our marketing purposes—to offer our products and services to you. Yes No
For joint marketing with other financial companies No We don't share
For our affiliates'everyday business purposes—information about your
transactions and experiences.Affiliates are companies related by common Yes No
ownership or control.They can be financial and nonfinancial companies.
For our affiliates'everyday business purposes—information about your No We don't share
creditworthiness.
For our affiliates to market to you Yes No
For nonaffiliates to market to you. Nonaffiliates are companies not related by No We don't share
common ownership or control.They can be financial and nonfinancial companies.
We may disclose your personal information to our affiliates or to nonaffiliates as permitted by law. If you request a transaction with a
nonaffiliate,such as a third party insurance company,we will disclose your personal information to that nonaffiliate.We do not control
their subsequent use of information, and suggest you refer to their privacy notices.
How often do/does Rainier Title LLC and We must notify you about our sharing practices when you request a transaction.
Stewart Title Guaranty Company notify me
about their practices?
How do/does Rainier Title LLC and Stewart To protect your personal information from unauthorized access and use, we use
Title Guaranty Company protect my security measures that comply with federal and state law. These measures include
personal information? computer,file, and building safeguards.
How do/does Rainier Title LLC and Stewart We collect your personal information,for example,when you
Title Guaranty Company collect my request insurance-related services
personal information? q
• provide such information to us ,
We also collect your personal information from others, such as the real estate
agent or lender involved in your transaction, credit reporting agencies, affiliates or
other companies.
What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in
certain instances,we do not share your personal information in those instances.
If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty
Company, 1980 Post Oak Blvd., Privacy Officer, Houston,Texas 77056
RAINIERTITLE
Order No. 723205RT
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This sketch is provided without charge, for your information. It is not intended to show all matters related to the
property including, but not limited to: area, dimensions, easements, encroachments or location of boundaries.
It is not a part of, nor does it modify, the commitment/policy to which it is attached. The Company assumes NO
LIABILITY for any matter related to this sketch. Reference should be made to an accurate survey for further
information.
COMMITMENT FOR TITLE INSURANCE
Issued By
RAINIERTITLE
Stewart Title Guaranty Company
stewart
Vetted and verified,
Form 1004-251D (Rev. 06/2006) ORIGINAL
Stewart Title Guaranty Company, herein called the Company, for a valuable consideration, commits
to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed
Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described
or referred to in Schedule A, upon payment of the premiums and charges and compliance with the
Requirements: all subject to the provisions of Schedules A and B and to the Conditions of this
Commitment.
This Commitment shall be effective only when the identity of the Proposed Insured and the amount of
the policy or policies committed for have been inserted in Schedule A by the Company.
All liability and obligation under this Commitment shall cease and terminate six months after the
Effective Date or when the policy or policies committed for shall issue, whichever first occurs,
provided that the failure to issue the policy or policies is not the fault of the Company.
The Company will provide a sample of the policy form upon request.
This Commitment shall not be valid or binding until countersigned by a validating officer or authorized
signatory.
Stewart Title Guaranty Company
NOTE: THE POLICY COMMITTED FOR MAY BE EXAMINED BY INQUIRY AT THE
OFFICE OF
RAINIER TITLE
AND A SPECIMEN COPY OF THE POLICY FORM (OR FORMS) REFERRED TO IN
THIS COMMITMENT WILL BE FURNISHED PROMPTLY UPON REQUEST.
RAINIER TITLE IS AN ISSUING AGENT FOR
Stewart Title Guaranty Company
COMMITMENT CONDITIONS AND STIPULATIONS
1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument.
2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other
matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in
Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be
relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is
prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the
Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse
claim or other manner, the Company at its option may amend Schedule B of this Commitment accordingly, but such
amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these
Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties
included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred
In reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate
exceptions shown in Schedule B: or(c)to acquire or create the estate or interest or mortgage thereon covered by this
Commitment In no event . shall such liability exceed the amount stated in Schedule A for the policy or policies
committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the
Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are
hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein.
4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of
the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against
the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon
covered by this Commitment must be based on and are subject to the provisions of this Commitment.
5. The policy to be issued contains an arbitration clause. All Arbitrable matters when the Amount of Insurance is
$2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of
the parties. You may review a copy of the arbitration rules at http://www.alta,org.
SCHEDULE OF EXCLUSIONS FROM COVERAGE
The matters listed below each policy form are expressly excluded from the coverage of that policy and the Company will not pay loss or damage,costs,attorneys'
fees or expenses which arise by reason thereof.
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY(6/17/06) (a) created, suffered, assumed, or agreed to by the Insured
Claimant;
1. (a) Any law, ordinance, permit, or governmental regulation (b) not Known to the Company. not recorded in the Public
(including those relating to building and zoning) restricting, Records at Date of Policy, but Known to the Insured
regulating,prohibition,or relating to Claimant and not disclosed in writing to the Company by
() the occupancy, use,or enjoyment of the Land; the Insured Claimant prior to the date the Insured
(ii) the character, dimensions, or location of any Claimant became an Insured under this policy;
improvement erected on the Land, (c) resulting in no loss or damage to the Insured Claimant;
(iii) the subdivision of land;or (d) attaching or created subsequent to Date of Policy
(iv) environmental protection; (however, this does not modify or limit the coverage
or the effect of any violation of these laws, provided under Covered Risk 9 and 10;or
ordinances,or governmental regulations. This (e) resulting in loss or damage that would not have been
Exclusion 1(a)does not modify or limit the coverage sustained if the Insured Claimant had paid value for the
provided under Covered Risk 5. Title.
(b) Any governmental police power. This Exclusion 1(b)does 4. Any claim, by reason of the operation of federal bankruptcy,
not modify or limit the coverage provided under Covered Risk state insolvency, or similar creditors' rights laws, that the
6. transaction vesting the Title as shown in Schedule A,is
2. Rights of eminent domain. This Exclusion does not modify or (b) a fraudulent conveyance or fraudulent transfer;or
limit the coverage provided under Covered Risk 7 or 8. (c) a preferential transfer for any reason not stated in
3. Defects,liens,encumbrances,adverse claims,or other matters Covered Risk 9 of this policy.
(a) created, suffered, assumed, or agreed to by the Insured 5. Any lien on the Title for real estate taxes or assessments
Claimant; imposed by governmental authority and created or attaching
(b) not Known to the Company, not recorded in the Public between Date of Policy and the date of recording of the deed or
Records at Date of Policy, but Known to the Insured other instrument of transfer in the Public Records that vests
Claimant and not disclosed in writing to the Company by Title as shown in Schedule A.
the Insured Claimant prior to the date the Insured AMERICAN LAND TITLE ASSOCIATION HOMEOWNER'S
Claimant became an Insured under this policy; POLICY OF TITLE INSURANCE FOR A ONE-TO-FOUR FAMILY
(c) resulting in no loss or damage to the Insured Claimant; RESIDENCE(12/02113)
attaching or created subsequent to Date of Policy In addition to the Exceptions in Schedule B,You are not insured
(however, this does not modify or limit the coverage against loss,costs,attorneys'fees,and expenses resulting from:
provided under Covered Risk 11, 13, or 14), 1.Governmental police power,and the existence or violation of
or those portions of any law or government regulation concerning:
(d) resulting in loss or damage that would not have been a.building;
sustained if the Insured Claimant had paid value for the b.zoning;
Insured Mortgage. c land use,
4. Unenforceability of the lien of the Insured Mortgage because of d. improvements on the Land,
the inability or failure of an Insured to comply with applicable e. land division;and
doing-business laws of the state where the Land is situated. f.environmental protection.
5. Invalidity or unenforceability in whole or in part of the lien of the This Exclusion does not limit the coverage described in Covered
Insured Mortgage that arises out of the transaction evidenced Risk 8.a., 14, 15, 16,18, 19,20,23 or 27.
by the Insured Mortgage and is based upon usury or any 2.The failure of Your existing structures,or any part of them,to be
consumer credit protection or truth-in-lending law. constructed in accordance with applicable building codes.This
6. Any claim, by reason of the operation of federal bankruptcy, Exclusion does not limit the coverage described in Covered Risk
state insolvency, or similar creditors' rights laws, that the 14 or 15.
transaction creating the lien of the Insured Mortgage,is 3.The right to take the Land by condemning it.This Exclusion does
(a) a fraudulent conveyance or fraudulent transfer,or not limit the coverage described in Covered Risk 17.
(b) a preferential transfer for any reason not stated in Covered 4. Risks:
Risk 13(b)of this policy. a.that are created,allowed,or agreed to by You,
7. Any lien on the Title for real estate taxes or assessments whether or not they are recorded in the Public
imposed by governmental authority and created or attaching Records;
between Date of Policy and the date of recording of the Insured b.that are Known to You at the Policy Date,but not to
Mortgage in the Public Records. This Exclusion does not Us, unless they are recorded in the Public Records at
modify or limit the coverage provided under Covered Risk the Policy Date;
11(b). c.that result in no loss to You;or
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY d.that first occur after the Policy Date-this does not limit
(6/17106) the coverage described in Covered Risk 7,8.e.,25,
1. (a) Any law, ordinance, permit, or governmental regulation 26, 27 or 28.
(including those relating to building and zoning) restricting, 5.Failure to pay value for Your Title.
regulating,prohibiting,or relating to 6. Lack of a right:
(i) the occupancy, use or enjoyment of the Land; a.to any land outside the area specifically described and
(ii) the character, dimensions, or location of any referred to in paragraph 3 of Schedule A;and
improvement erected on the Land; b.in streets,alleys,or waterways that touch the Land.
(iii) the subdivision of land;or This Exclusion does not limit the coverage described in Covered
(iv) environmental protection, Risk 11 or 21
or the effect of any violation of these laws,ordinances,or 7.The transfer of the Title to You is invalid as a preferential transfer
governmental regulations. This Exclusion 1(a)does not or as a fraudulent transfer or conveyance under federal
modify or limit the coverage provided under Covered Risk bankruptcy,state insolvency, or similar creditors'rights laws.
5. SCHEDULE B GENERAL EXCEPTIONS
(b) Any governmental police power. This Exclusion 1(b)does The matters listed below each policy form are expressly excepted
not modify or limit the coverage provided under Covered Risk from the coverage of that policy and that policy does not insure
6. against loss or damage (and the Company will not
2. Rights of eminent domain. This Exclusion does not modifyor P Y pay costs,
attorneys'fees or expenses)which arise by reason thereof.
limit the coverage provided under Covered Risk 7 or 8.
3. Defects,liens,encumbrances,adverse claims,or other matters
SCHEDULE B EXCEPTIONS APPEARING IN ALTA OWNER'S
POLICY—STANDARD COVERAGE AND ALTA LOAN POLICY—
STANDARD COVERAGE
1. Taxes or assessments which are not shown as existing liens by
the public records.
2. (i) Unpatented mining claims; (ii) reservations or exceptions in
patents or in Acts authorizing the issuance thereof; (iii) water
rights, claims or title to water; whether or not the matters
described in (i), (ii), &(iii)are shown in the public records; (iv)
Indian tribal codes or regulations, Indian treaty or aboriginal
rights,including easements or equitable servitudes.
3. Rights or claims of parties in possession not shown by the
public records.
4. Easements, claims of easements or encumbrances which are
not shown by the public records.
5. Encroachments, overlaps, boundary line disputes, or other
matters which would be disclosed by an accurate survey and
inspection of the premises and which are not shown by the
public records.
6. 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.
7. Any service, installation, connection, maintenance, tap,
capacity, construction or reimbursement charges for sewer,
water,electricity or other utilities, or for garbage collection and
disposal.
8. Any titles or rights asserted by anyone, including but not limited
to persons, corporations. governments, or other entities, to
tidelands, or lands comprising the shores or bottoms of
navigable rivers, lakes, bays, ocean or gulf, or lands beyond
the line of the harbor or bulkhead lines as established or
changed by the Unites States Government, or riparian rights, if
any.
SCHEDULE B EXCEPTIONS APPEARING IN ALTA OWNER'S
POLICY—EXTENDED COVERAGE
1. Taxes or assessments which are not shown as existing liens by
the public records.
2. (i) Unpatented mining claims; (ii) reservations or exceptions in
patents or in Acts authorizing the issuance thereof; (iii) water
rights, claims or title to water; whether or not the matters
described in (i), (ii), & (iii) are shown in the public records; (iv)
Indian tribal codes or regulations, Indian treaty or aboriginal
rights,including easements or equitable servitudes.
3. Any service, installation, connection, maintenance, tap,
capacity, construction or reimbursement charges for sewer,
water,electricity or other utilities, or for garbage collection and
disposal.
4. Any titles or rights asserted by anyone,including but not limited
to persons, corporations, governments, or other entities, to
tidelands, or lands comprising the shores or bottoms of
navigable rivers, lakes, bays, ocean or gulf, or lands beyond
the line of the harbor or bulkhead lines as established or
changed by the Unites States Government, or riparian rights, if
any.
SCHEDULE B EXCEPTIONS APPEARING IN ALTA LOAN
POLICY(6117/06)and ALTA HOMEOWNER'S POLICY OF TITLE
INSURANCE(12/02113)
1. Minerals of whatsoever kind, subsurface and surface
substances, including but not limited to coal, lignite, oil, gas,
uranium,clay, rock,sand and gravel in, on, under and that may
be produced from the Land, together with all rights, privileges,
and immunities relating thereto,whether or not appearing in the
Public Records or listed in Schedule B. The Company makes
no representation as to the present ownership of any such
interests. There may be leases, grants, exceptions or
reservations of interests that are not listed