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623 6TH AVE S.PDF111111111111 5441 623 6TH AVE S S�re-a- F. I& GXa� - Ave- S t:!) 1---dr Lot-V A-t.� S Pr(�V" cled bx;Ta� KW le ,y o, VIc/;10(0 T T LINVILLE URSICH -PLLC -For- , 11 U APIMITS's1t)NALI 1\41111) 9'1r90-%e,% oc-,Iy- GREGORY L. URSICH DIRECT LUNE: (206)515-0640 EMAIL: GURSICH@LULEGAL.COM November 30, 2007 John Keenan Kelley 710-7 1h Ave. S. Edmonds, WA 98020-4012 Re: Legal Opinion as to scope and existence of ingress, egress and utility easement servicing the western side of the property located at 710 - 7 1h Ave. S., Edmonds, WA 98020 Dear Mr. Kelley: . You have asked for a legal opinion regarding the scope and extent of your easement rights related to the property you own located at 710 - 7 th Ave. S., Edmonds, WA 98020. The easement road in question services the western boundary of your property, which is your backyard area. MAP OF EASEMENT AREA Attached as Exhibit A is a tax parcel map of your neighborhood. Your property, located 710-7 1h Ave. S., Edmonds, WA 98020, is identified under this tax parcel map as tax parcel 2- 050 with its front yard facing 7 1h Avenue S. Marked on the map in yellow highlighter is the location of the easement area which is the subject matter of this legal opinion. The shape of this easement is "L" shaped starting at the southwest comer of your property and headin,� due north for 253 feet and then directly west for a distance of 325 feet to the eastern edge of 6' Street South in Edmonds. The easement area which adjoins the western edge of your property is actually located just to the west of your western boundary line. Although, the portion of the easement along the western edge of your property has never been used as an actual roadway and is now incorporated into the yard area for the property with a tax parcel number of 2-052, which is just west of your property. ORIGINAL GRANT OF EASEMENT Attached as Exhibit B is a copy of the original easement document that created this easement road in 1955. The attached easement was recorded under Snohomish County Recording No. 1131685 on February 14, 1955. The easement was granted in favor of a property owner by the name of Evangeline Schwehm. The same day or a few days after this easement was recorded, Evangeline C. Schwehm signed a Warranty Deed conveying her entire property, 800 Fifth Avenue Suite 3850 SeattleWA98104 Phone: 206.515.0640 Fax: 206.515.0646 www.lulegal.com together with the easement described above in the attached Exhibit B, to Harold and Rozell Brown. This Warranty Deed is attached as Exhibit C. YOUR DEED TO THE PROPERTY AT 710 — 7 TH AVENUESOUTH In September 2004, you and your ex-wife purchased the Property loc a*ted at 710 — 7 Ih Avenue South and received a Warranty Deed from Jennifer and Jens Steinhagen which contained the legal description for your lot located on 7 th Avenue South, together with the legal description for the same easement described in the. attached Exhibit A, Easement Agreement. The Warranty Deed you and your ex-wife received in 2004 for the Property is attached as Exhibit D. After your divorce, the Property was quit claimed to you in September 2006 by your ex-wife, Christina Kelley. A copy of this Quit Claim Deed to you for the Property is attached as Exhibit E. Furthermore, your Property was surveyed by the previous owner in June 1983. The Record of Survey for the Property shows reference to your lot labeled as Parcel A on the survey map with the easement labeled as Parcel B. As you can see from this survey map, a portion of the easement is located west of your Property on Tax Parcel No. 2-052 as shown on the Exhibit A map. This Record of Survey was recorded under Snohomish County Recording No. 8306095028 and is attached as Exhibit F. THE OTHER PROPERTIES WITH RIGHTS TO THIS EASEMENT At least three other properties adjacent to this easement road have rights to the easement road. As shown on the attached Exhibit A Tax Assessor map, Tax Parcel No. 2-047 borders the easement road immediately to the north and west of your property. Tax Parcel No. 2-047 is currently owned by Alexander and Erin Stephen, who purchased the property in May 2006 from Burt and Teresa Copstead. Attached as Exhibit G is a Warranty Deed that the Stephens received for their property from the Copsteads in May 2006. A review of the legal description for the Stephen property shows that this property actually includes in its legal description the entire portion of the easement road extending from the northwest comer of your property all the way up to the right angle turn in the easement road north of your property and extending all the way westerly to 6 Ih Avenue S. In other words, Tax Parcel No. 2-047 owns the panhandle piece of land consisting of the road easement all the way out to the public street known as 6 Ih Avenue. South. However, this land owned by the Stephens is still subject to the road and utility easements of record that benefits your property and which is attached as Exhibit B to this letter. Attached as Exhibit H is a copy of the recorded survey done of the Stephen property when it was owned by the Copsteads. This survey was performed in 1981 and is recorded under Snohomish County Recording No. 8110125005. This easement shows the boundaries of Tax Parcel 2-047 and shows the location of the easement road that surrounds this tax parcel on both its east and north sides and extends all the way out to 6h Street South. The next piece of property that lies to the west along the easement road heading towards 6."' Avenue South is Tax Parcel 2-046. This property is currently owned by Carolyn Carman and Keith Okeson. Ms. Carman and Mr. Okeson acquired the property on June 20, 2007. Their Deed describes on page 2 easement rights that they have that extend westerly from their property out to 6 th Avenue South along the same easement road that services your property. A copy of this Deed is attached as Exhibit 1. The next property to the west along the easement road is Tax Parcel 2-045 as identified on the Assessor map attached as Exhibit A to this letter. This property is owned by Jeffrey and Karen Everson, husband and wife, and Archie and Marie Peterson, husband and wife. The Eversons and the Petersons acquired this property in September 2004. Their legal description for this parcel includes the easement road extending from the eastern edge of their property westerly out along the existing easement road to 6 1h Avenue South as shown in their legal description as "Parcel 13". Their Deed also shows that their easement rights are subject to your easement rights that were originally granted in favor of Evangeline C. Schewm in 1955. A copy of the Deed to the Eversons and Petersons is attached as Exhibit J. The final property that borders the road easement before it reaches Oh Avenue South is Tax Parcel 2-044. This property is currently owned by Mark and Jeanine Jansen, husband and wife. The Jansens acquired this property in December. 2006. The legal description in their Deed does not reference at all the easement road area that benefits your Property located at 710 — 7 1h Avenue S., Edmonds, WA. A copy of the Jansen Deed is attached as Exhibit K. A survey has been performed of the Jansen property back in August 1998 which is recorded under Snohomish County Recording No. 9808115004. This survey clearly shows that the Jansen property ends at the southern edge of this easement road leading from your property out to 6 th Avenue South and does not include easement rights in this road. The Jansens could not claim any easement rights in this road since their property fronts on a public street, 6 th Avenue South in Edmonds. A copy of the survey performed in 1998 of the Jansen property is attached as Exhibit L. On this survey the Jansen property is identified as the "Hacker property". It is also clear that Tax Parcel No. 2-052 located directly to the west of the backyard of your property at 710- 7 th Avenue S., Edmonds, WA also has rights to use this easement road. However, it is clear that the portion of this easement road located on the eastern edge of this tax parcel has not been used as a roadway for quite some time. This would not prevent this owner from making use of the easement road in the ftiture. This use, however, would not impact or affect the ability of you or a subsequent owner of your property to continue using the easement road. SCOPE AND EXTENT OF EASEMENT ROAD The original grant of this easement in Snohomish County Recording No. 1131685 (attached as Exhibit B) is as an easement "for ingress, egress, and utilities." The legal description in the original easement grant matches the easement road that presently exists between the northwest comer of your property and 6 1h Avenue South in Edmonds, WA. When an express easement defines the scope and use of that easement to include ingress, egress and utilities it has been interpreted by the courts in Washington State to include vehicular and pedestrian access and for any utility lines needed such as water, electrical, cable television, and sewer. An ingress and egress easement will always be interpreted to include travel by any type of moton*zed vehicle. See, Logany. Broderick, 29 Wn.App. 796, 631 P.2d 429 (1981). In conclusion, your road easement serving the rear of your 'property at 710 — 7 th Avenue S., Edmonds, WA allows for vehicular and pedestrian access to and from your Property along this easement road and for utility access as well. This right cannot be blocked or impeded by your neighbors by them parking on the roadway or placing other items in the road to block access to the road. However, the property owner of Tax Parcel No. 2-047, since he owns the underlying fee simple interest in the roadway on its western portion before its joins 6h Avenue South, may choose to install a gate. If a gate is installed, he must provide the same type of keys or entry devices to all owners that access their property through this easement road including you and any buyers of your property in the future. 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AMMM and bar succoo hereby gr&nt to RVIMELTIM a. .3G%IPN;4z ease== or 19tiliti" v6r and along the fo�loiii� d.ascribad proporty joc&W in tze CM-nty of SUC-hogdghl, St--te of Washington, All- thar- Portion Of the Wi ef thO 'A4 of' Section 25P Towmahip 27 North, W Ranga 3 East, H.H.x described as: .%ginning &t a Point Which is 903 feet north and 840 feet east of the 03uthweat corner of sadd bVif'of the Wil then" North 13 frztr thence, East 325 feet; ' +21enco South 253 feet I C- a *PoInt 663 fevt North !ind 3a65 feet Last of QTor0:;_-'d douthwest corner; thence West 10 feet; tl-,ence North 220-feet to a point of curvatur6; thence along an exc to the left of. a 20 foot radlii6 oiJrve a diatanc-3 of 31,42 C015t to a point Op ttmgeacy; thence Weat to -the point �f.beglnniyag. . A Dated February 5, 1955. 5z_-T- Al Mo SAL -ES TAX REQUIRF-D STATE oF wAsHimm) COUN"ry OF SNO110KISH) On this day personally appeared bafor-_ me WJUJM AIMMS011 and Br_LIE MDERS wbi his wife, to me known to be t.%e irxIlviduals described in &nd vho oxecuted the within and forigoing instrument* and acknowledged that they signed tha sme u3 their free amd voluntary, act and deeds for the us6s --d th- ei!! Men. CLISU Or tj(,nAj.j.. Giver under. -q '.-I=d and orrici'al asal this 5th day of Foban2ary 1955. e-ft S. --A QP M Not=7 Public in azd for tho State or Washington# residing at Edwrds. ., 4i " VOL Mq� S LATE OF WASHINGTON,) Ott this :Lntjj day of Febrtetry 1955 befort me pers!usially appearrd He-rry M. Stronf: to nie known to be the A —,1 --X :-jA- respectivclv, of the corporation that executed the foregoing instrument, ar-1 acknoMedged ;aid iris! rumel" t"' d of s�!iti carpomtion, for tint usts an,; pl.--noscs thereir. Mell! loned. and 1.)c File free: and voluntary act and dee on ontli stated that ho 18 authorized to e-xecutt! sa'id instrurn,-nt and that tht �fai affixed is the corpor.-ric scat of said corporation. (;Ii.en under my hand and official sea] the fty and year last above writtcn. -lotary Public it. aad f�,r the St o" att IL riesiding at EdmoW a 0 C> 10A j, - 1. 11 � j - 1—K, 11! 3 Staftitory Wancmity Dead ARMLI 4 :7 er rCAU LUM TIIK GRANTOR EVANGELM C� SCHWIM, as her sapar."�e astatc for and in crinsideratium of Tan and no/lop Dollars. ($10.00) in K:tnd paid. c,onvrvg and warrarts it, MOLD W. BRMand RMLL E. BIMN, his wife, I hv G41tiwing drwrihed reall rmate, situafed in the Cjtjn:y qti. Silohozish S!atz a! All that Portion of northve3t quarter of northwast quarter of Section 25, Torn. -hip 27 north, Range 3 Mst, described as follinirst Beginning at a Point 663 feet wrtfi and 1165 ietsi� VC.L 7_ L 01 �'r of Lhe 8cuthwz,�:'. .1 corner of said morthaest quarter of northwest quarters thence norLh 100 feet; thence east 155 feet, more or lose, to east linp of said aubdivisionz thknce trouth 100 feet; thenoe west 155 Caet, more or leas, to po-Int of b ginning. Together with easement for ingressso'grose and utillitiao over o and along the following: Beginning at a point vibich is 903 feat north and 81t0. fact east of tho so Il- weat corner of. northvri;st quarter of.northimat qztrter of ScIction 22, ro-mr,91—sip 27 north, Range 3 cast, W.IJ.p thence noAh 13 f . .petj thence cast 32� feet; vEn. thence'a6uth 253 fast to z'point 6'.) feet north and 1165 feet east of store - said auuthueat cornarj.thanca vast 10 feet; thence-dorth 220 fact; to a point or curvature; thence along an arc 'to th�s left of a 20 foot radiuz curve a distance of 31-42 feet to*'& point. of tangencylthance west to the poLlt of Dalcd this Ilth Fab ruar3r, 19.55 OL jsFAI.) 'STATE OF WASIHNGTO.' County of King On this day r4numally appeared Itefcre Me 3vanpliw 0. Schwohm in ry Lnown in he the Indivi'dwil described In and irbu a.wuied AN within and forv-ping Insirm"ni. and gcknawlNigrd that she olpined the (ice anti vultintary act and deed; for the ut" and purpuwa theMn rnntiorted., AM- 4; -7, .. ... ..... 4&: 0 -i,. 3e $59,� 000 29078Y 040911302154.001 TE AFTER RECORDING MAIL TO % 200409160264 2 PGS 4 Name JOHN KELLEY 09-1 6-2004 11:41am $20 00 Address 710 7TH AVENUE SOUTH SNOHOMISH COUNTY. WASHiNGTON City. State, Zip EDMONDS, WA 98020 FIRST AMERICAN �--202-54- Statutory Warranty Deed THE GRANTOR JENNIFER STEINHAGEN and JENS STEINHAGEN, WIFE AND HUSBAND for and an consideration of Five Hundred Ninety -Six Thousand And 00/100 in hand paid, conveys and warrants to JOHN KELLEY and CHRISTINA KELLEY, HUSBAND AND WIFE the following described real estate, situated in the County of SNOHOMISH, State of Washington THE ATTACHED LEGAL DESCRIPTION IS INCORPORATED HEREIN BY THIS REFERENCE. - / --r / ra - 215 , 2--7 N , ?, I - SUBJECT TO THE ATTACHED SPECIAL EXCEPTIONS Assessor's Property Tax Parcel Account Number(s) 270325-002-050-00 Dated this 14th day ofSepteniber, 2004 � A��Wgm JFN IF2XGEN J STEINH)oEli STATE OF WASHrNGTON COUNTY OF SNOHOMISH ss I cerlify that I know or have satisfactory evidence that JENNIFER STEINHAGEN and JENS STEINHAGEN are the persons who appeared before me, and said persons acknowledged that they signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in this instrument Dated 4t 1�, MESUSAN J EARLING NotaryPubli u4m(dd for, the State of WAhington -o" t, Z _.." NOTARY PUBLIC Residing a &Z.-leo STATE OF WASHINGTON My appol �tnicnte pares COMMISSION EXPIRES APRIL 29, 2005 2004091602; Parcel A: All that portion of the Northwest Quarter of the Northwest Quarter of Section 25, Township 27 North, Range 3 East, W.M., Records of Snohomish County, Washington, described as follows: Beginning at a point 663 feet North and 1165 feet East of the Southwest corner of said Northwest Quarter of the Northwest Quarter; thence North 100 feet; thence East 155 feet, more or less, the East line of said Subdivision, thence South 100 feet, thence West 155 feet, more or less to the point of beginning. Situate in the County of Snohomish, State of Washington. Parcel B: A non-excJusive easement for Ingress and egress over and along the following: Beginning at a point which is 903 feet Nortti and 840 feet East of the Southwest comer of the Northwest Quarter of the Northwest Quarter, thence North 13 feet, thence East 325 feet, thence South 253 feet to a point 663 feet North and 1165 feet East of aforesaid Southwest corner, thence West 10 feet, thence North 220 feet to a point of curvature, thence along an arc to the left of a 20 foot radius curve, a distance of 31.42 feet to a point tangency, thence West to the point of beginning. Situate in the County of Snohomish, State of Washington. , 4 '/ 0 Easement, Including terms and provisions contained therein: Recording Information: 1109422- In Favor of: The City of Edmonds For: Sewerlines Right to make necessary Slopes for cuts or flits upon property herein described as granted by deed recorded under recording no. i829156. i 200609140548.001 302137 PGS Z 13 f4 Z SNOROMI 4 ci 0 RETURN ADDRESS: John Keenan Kelley 710 7h Ave. S. Edmonds, WA 98020 QUIT CLAIM DEED Reference No. THE GRANTOR Christina Kelley for and in consideration of Decree of Dissolution Snohomish County Cause # C)L,- -3�- conveys and quit Claims to John Keenan Kelley the following described real estate situated in the County of Snohomish, State of Washington, together with all after acquired title of the grantor(s) therein: Legal: SEC 25 `TWP 27 RGE 03 RT-4B) BEG 663FT N & 1165FT E OF SW COR NWI/4 NW1/4 TH N 10OFT TH E 155FT M/L TOE LN SD SUB TH S 10OFF TH W 155FT M/L TPB Address: 710 7TH Ave. S Lurnonds, VVA VOU4U Parcel ID, 27032500205000 19596 DnSolul%on hg07M4 fly) 200609140548.002 :11 - 1%; Dated: 8j, /Z/, Z'�'a� 1�� - -1111� STATE OF WASHINGTON ) )Ss. COUNTY OF KING Christ na"' Kelley On this day personally appeared before me Christina Kelley to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that she signed the same as her free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this /eday of 2006. O-A�'dl 0, *n:;�Zt S'icp Sep 19M D=olufmn hgOl 1504 (ty) PF4�d na m-e-:'6VL— Vj�sU— F0J--t)L NOTARY PUBLIC in and for the State of Washington, residing at MMOD-b - Commission expires N 89*37'03" F 325' :�7 N....... LEGAL DESCRIPTIQN PARCEL A H ALL THAT PORTION OF NORTHWEST QUARTER OF NO T -CST 6 RR QUARTER OF SECTION 25, TOWNSHIP 2T NORTH, ANGE 3 EAST. W.M., DESCRIBED AS FOLLOWS - BEGINNING AT A POINT 663 FEET NORTHRAND it 65 FEET EAST 19i .AT 514" PIK,\ W OF THE SOUTHWEST CORNER OF SAID NO THWEST QUARTER 37,03, W HE MORT" 100 FEET; T.E�Cr CF NORTHWEST QUART� R LI ME 0 S Al D UB - EAST 155 F MORE 06 TLESS7TO EAST EETJCE 142.84' 9.12.: E 155 E CIVISICIM� THE SOUTH 100 ftET; THENC WEST FSET, 155'M/L(Ddl % MORE OR LESS, TO POINT OF BEOINNING. > PARCEL 9 LEGEND TOGETHER WITH EASEMENT FOR INGRESS, EGRESS AND UTIL 0 SET [RON PIN W1 ITIES OVER AND ALONG THE FOLLOWING, BEGINNIN AT A - PL-ASTIC CAP NOrD. 4561 ....... POINT WHICH IS 905 FEET NORTH AND 040 FEETO'EAST OF THE SOUTHWEST CORNER OF NORTHWEST QUARTER F NORTH - BASIS OF BEARMIG, ASSUMED ... .... .. . WEST QUARTER; THENCE NORTH 13 FEETA THENCE EAST 325 FEET THENCE SOUTH 253 FEET TO POINT 663 FEET ;D .. ... ...... NOR TH AN OF AFORESAID SO THWEST COR- 1165 FEET EAST U FEET . ....... . ................ NER; THENCE WEST 10 FEET; THENCE NORTH 220 TO A POINT OF CURVA REA61 NCE ALONG AN ARC TO THE LEFT OF A 20 FOOTF R US CURVEAEACr"S'A CE OF 31.42 0 FEET To A Pol NT 0 TANGENC Y; T N WEST TO THE 0 ..... ... .. 0 POINT OF BEGINNING. g ALL SITUATED IN SNOHOMISH COUNTY, WASHINGTON ........... .............. 155'M/L(Dftd) 0 143.05' M 89.3T,os, E ... .... 0 -tiEmLb . CK..Gr.* PLA-r—OF SURVEY '8 FOR W0950 C 11E i'-_ SW COR_ NW4 MW4 Y3 . 4 - sl I :'ILALUE ..... . BROCK PINE STREET IN 89137,05" E IN NWI/4 OF NWI I�Vbl` S4Cf4()N..;25, T 27N., R.4E., W.M. 846 FO MAN. i MID FO. Vi COR. PIK EDMONDS, SNOHOIWISH -'C0Ljf4Ti WASHINGTON. RECORDING CERTIFICIILT�E F. 5MVEYORS CERTIFlCATE 'A LEROY MIDDLETON A JUNE AT UP... MY, 4D R-61dM)ddlecon-&illo'�i6tes, Inc. 1-4-14 SNOHOMISH TIC 011— RZ-0-0 — ArTM. mvtsTcP__VALLIE_ABQrX_ Y 25 AT MAY 3qLl YA Q69W IDIO. Ed—d�._YA'Q69W itc cr �UNTY. maTbm. Y R= �' , 4561 tilt R.R.S 1 L j- 'z' At. J." K8 _0 !6 3 7S AUU�A I. .. . .. ........ _F. . .- L-7 ,:5716- 1 o 5 4CW65221491.001 , e-,7V. CM AFTER RECORDING MAIL TO: Alexander D, Stephen and Erin M Stephen r 623 6th Avenue South Edmonds, WA 98020 CU .V CL 0:1 C8 F.- I IN 11111 Ul IN 111111111111111111111111111111111111111111111 " = J21�05221491 2 PGS WM1JS1H11C4.22 Filed for Record at Request of First American Title 2;ff 2 First American Title Insurance Company rnsurance Company STATUTORY WARRANTY DEED File No: 4226-814841 (SP) Grantor(s), Burt Copstead and Teresa Copstead Grantee(s)- Alexander D. Stephen and Erin M. Stephen Abbreviated Legal: Portion NW NW S25-T27N-R3E Additional Legal on page Assessor's Tax Parcel No(s). 270325-002-047-00 Dat 8,2006 10( THE GRANTOR(S) Burt Copstead and Teresa Copstead, husband and wife for and in consideration of Ten Dollars and other Good and Valuable Consideration, in hand paid, conveys, and warrants to Alexander D. Stephen and Erin M. Stephen, husband and wife, the following described real estate, situated in the County of Snohomish, State of Washington That portion of the Northwest quarter of the Northwest quarter of Section 25, Township 27 North, Range 3 East, W.M., In Snohomish County, Washington, described as follows: Commencing at a point 903 feet North and 840 feet East of the Southwest corner of said Northwest quarter of the Northwest quarter; THENCE North 13 feet; THENCE East 325 feet, THENCE South 163 feet; OLDREPUBUCTITILEUD THENCE West 120 feet; THENCE North 150 feet; 133 THENCE West 205 feet to the point of beginning Situate in the County of Snohomish, State of Washington. Subject To- This conveyance is subject to covenants, conditions, restrictions and easements, if any, affecting title, which may appear in the public record, including those shown on any recorded plat or survey, Page I of 2 LPB 10-05 200605221491.002 APN 270325-002-G47-00 Statutory Warranty Deed File No 4226-814941 (BP) -continued Date 05/18/2006 Burt Co�steacG,"— Teresa GjWtead STATE OF Washington )-SS COUNTY OF Snohomish I certify that I know or have satisfactory evidence that Burt Copistead and Teresa Copstead, i, ,�rDe the person(s) who appeared before me, and sao-pi;Tson(s) acknowledged It lshe� t is LeDsigned t is instrument and acknowledged it to be his/her/(b.2jlr Jree and voluntary a r the ses and purposes she r the S mentioned in this instrument Dated. Brenn K. Pope Not Public in and for the State of Washington 'i 4esiding at. Edmonds My appointment expires 05 16 2007 -- -SI P% %S%0Np. Itp 'S V", 0 /z 0 U lo" Page 2 of 2 LPB 10-05 :J sd ( poi6r. Vcuta- .......... ddlt Y.' —Ad- SCALE: 30' I- 015sclello Al. PINE 5 T 311012500� age r- 3 Avksl� W. N., 1% Aft'z --AA't C7Afo-*, .4".0 �rdtf; -eh"'rur -50-A lk., 0 Alale "a &10' ... .... .. . X.-*-xe "Ye ............. Afi".ouN a4m, -L4r a- 110HELAW -4,00/r/dAt Al& Z ...... Ar Aw- V/t/ Ty xzc�zw A'a rm"iry SNITUDIl CnTlIKITI Thil " —ldt, '"--ft —4 IT . . ..*. " MEYP-ING & ASSOC., INC. k- I.... ' .' I .. — . TIM10- M'd 1. d.— olk tm 4 11, S."., Z34z3 ffiJAWAY 99 leow a 2.1.4-0 Im q..l .4 il:V Ad A fkl -d -I. le, CO�'. �.. ........... tfYnw*,6� WK '98OZO cap IT J..pit - fl. 0. Bov 3Z LynAwoa,6 WA 9W36 77&-3161 toll AT SEP7.-8,19al. "LSVI-11D D-7-vd'dy Wit. U'lifue., ........ 200706200677.001 212980 When Recorded Return To CAROLYN CARMAN 111111111111 W111111111H 11111111 IN UH INURE 1111 KEITH OKESON 629 6TH AVE S 001011 59�a F4 010 "1 EDMONDS, WA 98020 SNOHOMISH COUNT , ASH10TON Escrow No 07-2329JP 2 lci� STATUTORY WARRANTY DEED CORDEDBY RAINIER TITLE THE GRANTOR(S) CATHY A. WHITAKER, also appearing of record as CATHY WHITAKER, who acquired title as a Single Person, and MICHAEL DEERING, Wife and Husband for and in consideration of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION in hand paid, convoys and wanants to CAROLYN CARMAN and KEITH OKESON, Wife and Husband the following described reaJ estate. situated in the County of SNOHOMISH, State of WASHINGTON. S-2-5 LEGAL DESCRIPTION ATTACHED HERETO AS 'EXHIBIT A' AND MADE A PART HEREOF BY THIS REFERENCE Tax Parcel Number(s) 270325-002-046-00 Subject to: THE FOLLOWING EXCEPTIONS ATTACHED HERETO AS "EXHIBIT B" AND MADE A PART HEREOF BY THIS REFERENCE. Dated this Eleventh day or june, 2007 State of WASHINGTON County of KING ss 0,11% M tt' �SkON 1A 0 50 I DEERING istare the person(s) who appeared fore me, and said person(s) acknowledged that THEY signed this instrument and acknowledged it Ion I =freeand volun p Wifor the uses and purposes mentioned in this instrumeal DATED;'�'.V�?, C7— 1 J LEE V Notary Public in and for the State of WASHINGTON, residing at REDONDO, WA My appointment expires MAY 19, 2010 LPB IM5(i-1) - t -6 442 200706200677.002 Exhibit "All THE WEST 60 FEET OF THE SOUTH 150 FEET OF THE FOLLOWING DESCRIBED TRACT BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 27 NORTH, RANGE 3 EAST, W M , IN SNOHOMISH COUNTY, WASHINGTON, THENCE EAST 840 FEET, THENCE NORTH 903 FEET TO THE TRUE POINT OF BEGINNING, THENCE EAST 145 FEET. THENCE SOUTH 150 FEET, THENCE NORTH 163 FEET, THENCE WEST 325 FEET, THENCE SOUTH 13 FEET TO THE TRUE POINT OF BEGINNING, TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER ALL THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 27 NORTH, RANGE 3 EAST, W M , IN SNOHOMISH COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS BEGINNING AT A POINT 840 FEET EAST AND 903 FEET NORTH OF THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 25, THENCE EAST 205 FEET; THENCE NORTH 13 FEET, THENCE WEST 205 FEET, THENCE SOUTH 13 FEET TO THE POINT OF BEGINNING SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON . 'A 200706200677.003 Exhibit "B" SUBJECT TO: Second Half Real Property Taxes for the year 2007. RESTRICTIONS IMPOSED BY INSTRUMENT RECORDED OCTOBER 24, 196 1, UNDER RECORDING NO. 1491550, 1 AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED. JANUARY 11, 1962 RECORDING NO 1506791 REGARDING: ROAD MAINTENANCE a AFTER RECORDING MAIL TO Name JEFFERY EVERSON Address 625 6TH AVENUE SOUTH City, State, Zip EDMONDS, WA 98020 '�& � - et-� - 18 90"0072.001 200409240072 2 PGS 09-24-2004 09:54am $20.00 SNOHOMISH COUNTY. WASHINGTON Statutory Warranty Deed THE GRANTOR BRADY J FILIPIAK and GAYLENE EVA FILIPIAK, HUSBAND AND WIFE for and in COnSLdcration of Four Hundred Sixty -One Thousand And 00/100 in hand paid, conveys and waffants to JEFFERY EVERSON and KAREN M EVERSON, HUSBAND AND WIFE and ARCHIE L PETERSON and MARIE E PETERSON, HUSBAND AND WIFE the following descnbed real estate, situated in the County orSNOHOMISH, State of Washington THE ATTACHED LEGAL DESCRIPTION IS INCORPORATED HEREIN BY THIS REFERENCE. SUBJECT TO THE ATTACHED SPECIAL EXCEPTIONS. GRANTORS HEREIN ASSIGN ALL RIGHTS, TITLE AND INTEREST TO GRANTEES HEREIN UNDER THAT CERTAIN "CERTIFICATE OF SURFACE WATER RIGHTS PERMIT NO. 7475, ISSUED BY THE STATE SUPERVISOR OF WATER RESOURCES, OLYMPIA, WASHINGTON, AS RECORDED IN BOOK NO. 13 OF WATER RIGHT CERTIFICATE ON PACE 6322 ON THE 11TH DAY OF OCTOBER 1955 AND RECORDED IN VOLUME 577 OF DEEDS, PAGE 512, RECORDS OF SNOHO[SH.COU`NTY, WASHINGTON. Al1II':fjGP.' N n, V n"". '21?D Assessor's Property Tax Parcel Account Number(s) 270325-002-045-00, 270325-002-052-00 Dated this 20th day ofSeptember, 2004 STATE OF WASHINGTON COUNTY OF SNOHOMISH Is �'5'C44 a:'z4, �.(- BRADY 3 FILIPIAK GA'.VLd&9VA FILIPIAK I certify that I know or have satisfactory evidence that BRADY J FILIPIAK and GAYLENE EVA FILIPIAK arc the persons who appeared before me, and said persons acknowledged that they signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in this instniment J_ -ffA ANO EARLING Notary Public,,in andTor the State of WashYngton _IC NOTARY PUBLIC Residing at 4.01�1 'MN ES My appointmcntexpircs 0_'5� commissION EXPJIRS APRIL 29. 2005 9" Vs- F� SODDIWA Ry 1=9M LPB-10 200409240072.002 The land referred to in this Commitment Is descrltx�d as fbIlows: Real property in the County of Snohomish, State of Washingtun, described as follows; Parcel A: That portion of the Northwest Quarter of the Northwest Quarter of Section 2.5, Township 27 North, Range 3 EAM., In Snohomish County, Washington, desooritied as follows; Beginning at a point 960 feet East and 663 feet North of the Southwest comer of said Northwest Quarter of the Northwest Quarter; thence East 205 feet; thence North 90 feet, thence West IGO feet; thence North 150 feet� thence West 25 feet, thence South 240 feet to the point of beginning. Parcel B' A non-exclusive easement for Ingress and egress over that portion of the Northwest Quarter Of the Northwest Quarter of Section 25, Township 27 North, Range 3 E.W.M., In Snohomish County, Washington, described as follows: Beginning at a point 840 feet East and 903 feet North of the Southwest comer of the Northwest Quarter of the Northwest Quarter of said Section; thence East 145 feet; thence North 13 feet; thence West 15 feet; thence North 3 feet; thence West 130 feet; thence South 16 feet to the true point of beginning. Except any pardon lying within the Plat of Seawood Homes, John R. Yates Addition, according to Plat recorded in Volume 50 of Plats at Pages 195-196, In Snohomish County, Washington. Easement, Including terims and provisions contained therein: Recording information: 1109422 In Favor of. City of Edmonds For: sewerflne Easerrient; including terms and provisions contained therein: Recording Information: 1131685 In Favor of. Evangeline C. Schwehm For: Ingress, egress and ublities Conditions, notes, easements, provisions contained and/or delineated on the face of the survey recorded under Snohomish County Recording No. 9BOSI 15004. 200612041006.001 209265 M AFrER RECORDING MAIL TO: Mr. and Mrs. Mark Jansen PMB 502, 23632 Hwy 99, Suite F Edmonds, WA 98D26 PGS 21 0 SNOHANHMOUN'TF, NOVO Filed for Record at Request of Escrow Professionals of Washington Escrow Number: 3-3426-HBcj uvF'uj� CD CHICAGO- Statutory Warranty Deed C L 1'q1CACn ')-ko 70,5-1 THE GRANTOR John P. Hacker and Julie Hacker, husband and wife for and in consideration of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION in hand paid, conveys and warrants to Mark A. Jansen and Jeanine D. Jansen, husband and wife the following described real estate, situated in the County of Snohonush, State of Washington LEGAL DESCRIPTION IS ATTACHED HERETO, AS EXHIBIT -A-, AND BY THIS REFERENCE MADE A PART HEREOF Abbreviated Legal Portion Northwest Quarter 25-27-3 Additional legal(s) on page 3 c-,? 12 o,5 d::S' o cx;t, v V SUBJECTTO, SEE ATTAC14ED EXHIBIT "B" The covenants implied in this Statutory Warranty Deed are limited as follows: Title to the Property shall be marke'a "o me of this conveyance. The following shall not cause the title to be unmarketable rights, reserv2-n1,a',,,,,'.'n ts. conditions and restrictions, presently of record and general to the area; easements and I encroa M nts, not materially affecting the value of or unduly Interfering with Grantee's reasonable use of the Prope y. Zil reserved oil and/or mining rights, Grantee does not take title subject to any monetary encumbrances of Gra4r,;4ich Grantee has not expressly assumed in this deed er 22. 2006 John Julie Hacker Page I of2 J LPB-10 10 CU Id =E9 200612041006-002 STATE OF Washington COUNTY OF C��Ow:�'s SS I ��y that I know or have satisfactory evidence that John P. Hacker and Julle Hacker is&U,4he person(s) who appeared before me, and said perso�!Qs acknowledged that he/sheolz� signed this instrument and acknowledge it to be hisllieKLOS112 - free and voluntary act for the uses ar Dated I \ \\'\N\ %I It I I I fill Notary Public in and for the S a of Washington t�' �� k\\ P .44� Residing at My appointment expires 0 Z PU LPU 10 200612041006.003 EXHIBIT A THE NORTH 70 FEET OF THE FOLLOWING DESCRIBED TRACT THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 27 NORTH. RANGE 3 EAST, W M , RECORDS OF SNOHOMISH COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 840 FEET EAST AND 783 FEET NORTH OF THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE NORTH 120 FEET, THENCE EAST 120 FEET; THENCE SOUTH 120 FEET, THENCE WEST 120 FEET TO THE POINT OF BEGINNING. SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON. I j i cqv Lpa 10 200612041006.004 3-3426-HBcj Exhibit "B" Sobiect to: EASEMENT AND THE TERMS AND CONDITIONS THEREOF GRANTEE GENERAL TELEPHONE COMPANY OF THE NORTHWEST INC PURPOSE DISTRIBUTION LINE MATTERS DISCLOSED BY SURVEY RECORDED UNDER RECORDING NUMBER 9606115004, AS FOLLOWS. LOCATION OF FENCES DO NOT APPEAR TO BE LOCATED ON PROPERTY LINES a - ----- .... .. JID .............. EX. -_X -" C�CRETE - CII .. 9XISS TH '.' W'D . C.S.0 M A G N 0 L I A L A N E ..5 E�.A W 'p 0 D H 0 AT E S� J 0 M N A A I E . A I -I I T 1 0 N (V 1- 0. G S. 1 0 a T V 7) 3 4 89'M 01" E 6 . Vb CN.—; HACKER . .......... FEICE 1200D 13 5T. 0 -*S -.--S 8SCHOR A'-, POW 11— 1 1 1 — ----- w3a'W E �EI`Ct COX` 2.-E. KNIGHT -T F*. I T* -C . S F` . ......... LEGEND & - SET �� P01 .. PLASTIC CAP I,Uo 12055/22.1 (SH) RErERS TO PLAT OF -SCIPOOD IIS AVOTTW (M. K PCS 195-197) f—I TT(TCn TO PLAT OF 'PESIT"'S PARI ADDID,,' 1— 16 . Pc 20 ECUIPMENT LiErZ SCT I ELECTIto,oc Iolm srATIM METHOD : FIELD IPAWM ACCURACY C�OXTIS 10 I-C 312-1�(KK, MONUMENTS VISITED : AXL,. Xa,, As A,— BASIS OF BEARINGS x OF— _ 1. PCIA u, 'sTA— IIT).ES-� 'L Y�InS AECX�' m'. I— I.,) LEGAL DESCRIPT10N HO"' To FEE' OF THE F�- .�O ACT PCX OF W 'OPTHWST " —�ST PL,ATTE1 a, �C� 25, TDIXHSHTP 27 AICXtTH. R� 3 EAST. ..., . SA-1 C�" "A`H�TM D"CX`WED IS ICXLLOM� EICOAA-4 AT A P-1 AID 1EE1 EA S, ._ '33 ICTJ IAOXIVT V � —XIEST COPWR OF THE _THWSj WAR " OF THE AICIDTHIIIEST WWER. THEHCE —TH 120 FEET tK�CE CAST IM FEET, --CE SCLIDI I" FEE. DICHM — 120 FEET To � M,t � a GIAI—c. --.T ... .... .. . �Af PCPfDD" Or THE MWTWWST QUARTER OF THE ,ICPTH ST CF'�C� 2� 1 � 27 NOPTH R—a 3 AST IIA ;N � IV "IS .113eo" E I- —TT. A�T�- MSCXT0IICD AS T`OLLO� ;E-0 .1 A I.., 1�' TAI � LEAD ILIC rUT EASIrAIID 7113 FEET NOPTH OF THE %�Sl C-K. � �E s 0.3' E. OF E. FACE OF ST— IT OF THE WAXIIEX; ,�;M r�CE EA FEET; THENCE �N SO FEET: DHC� KST 120 1EE1 TO THE i—ETE rwnNc rm OF EE__ "ALL 2' S, EZAS 1. QHT PRO'"n ........... ALL THAT POPTOI,, OF W DXHWSt M W THE ,j DUATITUR O� SECTT� 75. IOM�SHIIP 21 . ITA� JI IAIT. . I SHOHOMTSH COLI �SHI�TOH. DESCXTDCD AS FOL � KCC A, A POIHI �63 FEET ORTH A- 6AD FEE' E.ST C� THE C�-EP OT` NE I,IOPTHAEST CLI&ITTEIT OF THE NORUTTIICST WARTER: THENCE NMN- 120 H fLOCK YEET; TkE�Cf EAST IN FEET: W� SOLIN 120 rCrT T.ENCE WST 120 FEET -WAY "TO THE P�T V BEO4� EXCEPT 7HEREFROI, THE SWnq 6C FEET. SL%,CCt TO EASLI,IENtS. WSTRICTLOAS I'D REStQ� OF PECOPT) CASE. CONCRETE MONUMENT WTH INVERTED NAIL .. ...... PLAT -OF-S1JRVE:Y NW/4. SEC. 25-2?-3 I-, C",ck " "' t— .—E.1 IRON PIPE MTN , P� LEA. PLUG AND TACK IN FORZ 70(iZS E:X D/2' (�AS pl� ITIT 12D E CON RE TE I TED: V90) HA(Xtk--_�KC�YDR ... ANL? KNIGH T E STREET IN NW1/4,NW1/"4"bF�-SEC310"--,'��.'T.27'-N..R.3 E..W.M Cso C1 ty OF-, ` U _EDMONDS 180� 115004 T. SNOHOMISH'_'-GCLVNjY, %V.�&H rN G TON:'-.-.. RECORDE14C CCIMIFICATE SURY XXC—D 81 W�-SAACRIA.D IT A—. THIS jj�!DAI OF !�ER'S CERtLFICATE THIS �Clll ITEPITESEWTS A S��' �AOC 81 -E M -DE. Lovell -S;�'erftihd -Wsl� Im AD -1 PAST 2- va—P-. Y O"E"'TOII III -CC — rK *EQUXWTS OF THC SL,R RE—C ACT -7 THE REMEST a Ea4m/S.,.y OF "WYS. � FA" REC�5 Or S�CM,SH LEE VC. THIS NO 01, V LtWS, , I"a 1940D 33,d A-, W.. SiLe 2W- LIDTIVI-1. VA 9WW -,CjO6)?75-j53I- (205 TERAXLLKz. IUDITW AT so. O� El �1 71. 1 1 � - .. .— 1 1. — p S *-�.CET FILE TU �zt BALLANU L!jGKUW,j INU. SUNSET 4-9600 2401 N.W. MARKET STREET SEATTLE, WASHINGTON. 98107 December 28, 1966 776, 6 RECEIVED SEP 02 1981 Dit. Of Pubjiic Wurks Mr. Vallie Brock, Sr. 710 7th Avenue South Edmonds, Washington Hot Escrow No* 55-�7941 We have completed the above numbered escrows in accordance witIr your instructiones and enclose the following instrumentst • Title Insurance Policy • Deed be aring Auditor's File No, 1917061 Escrow statement Contract bearing Auditorts File No, Assignment of Contract bearing Auditor's, File No* Fire Insurance Policy Check in the amount of S We trust that this transaction has been handled to your entire satisfaction., and that we may have the pleasure of serving you again* BALLARD ESCROW INC 201 WASHINGTON LAND TITLE ASSOCIATION STANDARD FORM POLICY OF TITLE INSURANCE Pioneer National Title Insurance Company. WASHINGTON, TITLE DIVISION 719 SECOND AVENUE SEATTLE, WASHINGTON 98104 hereinafter called the C ' ompany, a California corporation, for valuable consideration, and subject to the conditions and stipulations of this policy, does hereby insure the person or persons named in item 1 of Schedule A, together with the persons and corporations included in the definition of "the insured" as. set forth in the conditions and stipulations, against loss or damage sustained by reason of: 1. Title to the estate, lien or interest defined in items 3 and 4 of Schedule A being vested, at the date hereof, otherwise than as stated in item 2 of Schedule A; or 2. Any defect in, or hen or encumbrance on, said title existing at the date hereof, not shown in Schedule B; or 3. Any defect in the execution.of any instrument shown in item 3 of Sched- ule A, or priqrity, at the date hereof, over any such instrument, of any- lien.or encumbrance not shown in Schedule B; provided, however, the Company shall not be liable for any loss, damage or expense re- sulting from the refusal of any person to enter into, or perform, any contract respecting the estate, hen or interest insured. The total liability is limited to the amount shown in Schedule A, exclusive of costs in- curred by the Company as an incident to defense or settlement. of claims hereunder. In witness whereof, Pioneer National Title Insurance Company has caused this policy to be authenticated by the facsimile signature of its President and Secretary but this policy is not valid unless attested by an authorized signatory. Pioneer National Title Insurance Company By 6, 06 PRESIDENT 40 r 0 SECRETARY S Attest: Al, '4� TO Y AUTHORIZED S as SCHEDULE A NO. F-131797 AMOUNT$ 21.,500. 00' YATE. December 7, 1966 at 9:00 a.m. PREMIUM $ 124.75 1. INSURED VALLIE E. BROCK and HAZEL A. BROCK, his wife. 2. TITLE TO THE ESTATE, LIEN OR INTEREST INSURED BY THIS POLICY I S VESTED IN The named insured. I 3. ESTATE, LIEN OR INTEREST INSURED Fee simple estate. 4. DESCRIPTION OF THE REAL ESTATE WITH RESPECT TO WHICH THIS POLICY IS ISSUED As -per attached copy. SCHEDULE B I -DEFECTS, LIENS, ENCUMBRANCES AND OTHER MATTERS AGAINST WHICH THE COMPANY DORA NOT TNqTTR'P.- F- 131797 DESCRIPTIO14: Parcel A All that ti 'ection �or,,,Oon of Northwest quarter of Northwest quarter of 1 2 P wnship 27 North, Range 3 East, W.M., described as f ollows: Beginning at a point 663 feet North and 1165 feet East of the Southwest corner of said Northwest quarter of Northwest quarter; thence North 100 feet; thence East 155 feet, more or less, to East line of said subdivision; thence'South 100 feet; thence West 155 feet, more or less, to point of beginning. Parcel B Together with easement for ingress, egress andCu�t-il.ities -over and along the following: Beginh-fr-ig dt a point which is 903 feet North and 40 feet East.of the Southwest corner of Northwest quarter of Northwest quarter; thence North 13 feet ' ; thence East 325 feet; thence South 253 feet -to a point 663 feet North and 1165 feet East of aforesaid Southwest corner; thence West 10 feet;thence North 220 feet to a point of curvature; thence along an are to the left of a 20 foot radius curve, a distance of 31.42 feet,to a point of tangency; thence West to the point of beginninr,. I ALL situated in Snohomish County, Washington. 1, Mortgage to secure payment of $17j,500.00 and any other amounts payable under terms thereof and interest; dated June 4s 1963s recorded June 10, 1963 in volume 691 of Mortgages, page 528...under auditor's file No. 1618851, records of Snohomish County, Washington; executed by Wayne W. Bertsch and Pearl H. Bertsch., his wife, to Seattle Federal Savings and Loan Associationo a corporation, 2. Easement for sewer recorded under auditor's file No. 1109442., granted to City of Edmonds an easement for the installationo operation and maintenance of a sewer line across., through and below the South 20'feet of the following described property: Beginning at a point 660 feet South of the Northwest corner of said Section-25; thence East 380 feet; thence South 6058, West 40.1 feet; thence South 92-30 feet; thence West 375.2 feet; thence North to the point of beginning; Less road. (Affects Parcel B) 3. Easement for the installation and maintenance of a slope for cuts or fills over the East 11 feet of Parcel Ap and the further right to remove treeso bushes and other obstrutions interfering with the construction and maintenance of said slopess as granted by instrument recorded December 6o 1965 under auditor's file No. 1829156 to the City of Edmonds. GENERAL EXCEPTIONS 1. Encroachments or questions of location, boundary and area, which an accurate survey may disclose; public or private easements not disclosed by the public records; rights or claims of persons in possession, or cWming to be in possession, not disclosed by the public records; material or any labor liens or liens under the Workmen's Compensation Act not disclosed by the public records; water rights or matters relating thereto; service, installation or construction charges for sewer, water or electricity. 2. Exceptions, and reservations in United States Patents; right of use, control or regulation by the United States of America in the exercise of powers over navigation; limitation by law or governmental regulation with respect to subdivision, use, enjoyment or oc- cupancy; defects, -liens, encumbrances, or other matters created or suffered by the insured; rights or claims based upon instruments or upon facts not disclosed by the public. records but of which rights, claims, instruments or facts the insured has knowledge. 3. General taxes not now payable; matters relating to special assessments and special levies, if any, preceding the same becoming a lien. (End of Schedule B) R-2 CONDITIONS AND STIPULATIONS 1. The Company shall have the right to, and will, at its own expense, defend the insured with respect -to all demands and legal proceedings founded upon a claim of title, encumbrance or defect which existed or is claimed to have'existed prior to the date hereof and is not set forth or excepted herein; reserving, however, the option at any time of settling the claim or paying the amount of this policy in full. In case any such demand shall be asserted or any such legal proceedings shall be instituted the in- sured shall at once give notice thereof in writing to the Company at its home office and, if the insured is a party to such legal proceedings, secure to the Company, within ten days after service of first process upon the insured, the right to defend such legal proceedings in the name of the insured so far as necessary to protect the in ured, and the insured shall render all reasonable 's' assistance in such defense. If such notice shall not be given, or the right to defend secured, as above provided, then -all liability of the Company with regard to the subject matter of such demand or legal proceedings, and any expense incident thereto, shall terminate; provided, however, that failure to give such notice shall in no case prejudice the claim of the insured unless the Com- pany shall be actually prejudiced by such failure and then only to the extent of such prejudice. 2. In the event of final judicial determination by a court of competent jurisdiction, under which the estate, lien or interest in- sured is defeated or impaired by reason of any adverse interest, lien or encumbrance not set forth or excepted herein, claim may be made as herein provided. A statement in writing of any loss or damage, for which it is claimed the Company is liable, shall be furnished to the Company at its home office within sixty days after such loss or damage shall have been ascertained. No right of action shall accrue with respect thereto until thirty days after such statement shall have been furnished and no recovery shall be had unless an action shall have been commenced thereon within one year after the expiration of said thirty days. Any rights or defenses of the Company against a named insured shall be equally available against any person or corporation who shall become an insured hereunder as successor of such named insured. 3. The Company may at any time pay this policy in full, whereupon all liability of the Company shall terminate. Uvery pay- ment made by the Company, exclusive of costs incurred by the Company as an incident to defense or settlement of claims hereunder, shall reduce the liability of the Company by the amount paid. The liability of the Company shall in no case exceed the actual loss of the insured and costs which the Company is obligated'to pay. When the Company shall have paid a claim here- under it shall be subrogated to all rights and remedies which the insured may have against any person or property with respect to such claim, or would have if this policy had not been issued, and the insured shall transfer all such rights to the Company. If the payment made by the Company does not cover the loss of the insured, such subrogation shall be'proportionate. Whenever the Company shall be obl ' igated to pay a claim under the terms of this policy by reason of a defect in the title to a portion of the area described herein, liability shall be limited to the proportion of the face amount of this Policy which the value of the defective portion bears to the value of the whole at the time of the discovery of the defect, unless liability is otherxise specifi- cally segregated herein. If this policy insures the lien of a mortgage, and claim is made hereunder, the Company may pay the entire indebtedness and thereupon the insured shall assign to the Company the mortgage and the indebtedness secured thereby, with all instruments evidencing or securing the same, and shall convey to the Company any property acquired in full or partial satisfaction of the indebtedness, and all liability of the Company shall thereupon terminate. If a policy insuring the lien of a mortgage is issued simultaneously with this policy and for simultaneous issue premium as provided in rate schedule, any payment by the Company on said mortgage policy with respect to the real estate described in Schedule A hereof shall reduce pro tanto the liability under this policy. All actions or proceedings against the Company must be based on the provisions of this policy.. Any other action or actions or rights of action that the insured may have or may bring against the Company With respect to serv- ices rendered in connection with the issuance of this policy, are merged herein and shall be enforceable only under the terms, condi- tions and limitations of this policy. 4. The following terms when used in this policy mean: (a) "named insured": the persons and corporations named as insured in Schedule A of this Policy; (b) "the insured": such named insured together with (1) each successor in ownership of any in-' debtedness secured by any mortgage shown in Item 3 of Schedule A, (2) any owner or successor in ownership of any such indebt- edness who acquires title to the real estate described in- Item 4 of Schedule A, or any part thereof, by lawful means in satisfaction of said indebtedness.or any part thereof, (3) any governmental agency or instrumentality which, insures'or guarantees said indebtedness or any part thereof, and (4) any person or corporation deriving an estate or interest in said real estate as an heir or devisee of a named insured or by reason of the dissolution, merger, or consolidation of a corporate named insured; (c) "date hereof": the exact day, hour and minute specified in Schedule A;. (d) "public records": records which, under the recording laws, impart constructive notice with respect to said real estate- (e) "home office": the office of the Company at the address shown herein; (f) "mortgage": mortgage, deed of trust, trust d;;Jl or other security instrument described in Schedule A. 0 U) 00 > 0 7Z _a CA z z , i �-. C:c x �4 Cd > CM3 C.2 U) 0 -4� Z LO - < 1��- LLJ 4) 0 Cd 9: 7� Cd 0 J:� X Ld z U) ;A� < i'll, 0 z 0 LLI Cd E-4 �: NA — = 8: M. 0 L'i z 0 'IF LIJ Lu APPLICATION for The City of Edmonds SIDE SEWER PERMT EASEMENT No . .......................................... NEW CONSTRUCTION El REPAIRS E] 105-06200 OWNER ........ RJ.Ck ... W,....SChvjemm .. ..... ... ................................................................................ CONTRACTOR -------------------------------------------------------------------------------------------------- PERMIT No . ...................... ADDRESS .... j623-.�H.-fatft--Aveaue ... S. . .................... E ..................... LEGAL DESCRIPTION: LOT No . .............................................. BLOCK No . ...... ..................................... NAME OF ADDITION ................................ DYE TESTED OiN SEUER JUILY, 1972 Approved: DATE............ ................................... By ...................................... 4) >4 D tj t: t% 0 0-1, 'I 6 L 3e a 4 C.3 L r.5 (a LAJ Mc .J Clrnj > M -n rn 60 0, d;-' C-.) C3 > --< rn = . M 0 C-j rM 0 M F2 C12 rn rn 0 z zo Statutory Wckuqnty Deed THE GRANTOR WAYNE We - BERTSCH AND PEARL He BERTSCH, his wif e I MAO for and in consideration of $10.00) ten dollars and other good and valuable consideration N L11) in hand paid, conveys and warrants to VALUE E. BROCK AND HAZEL A. BROCK, his wif e REALS&W'6JE SALES I the following described real estate, situated in the County of Snohomish AMbUNT PAID... �2 OL Washington: Parcel A All that portion of Northwest quarter of 11orthwest quartqr 2ectioii 25, "ilo-vinship 27 North,.Range 3 East, W.M., described 6 Deput f ollows: U BcG.innJnf�, at a point 663 feet North and 1-165 fect Fast of the ,,out"Ivwest corner of said North�.,est quart,�r of ilortiiwest quarter; theLlce 1-`turth,100 feet; thence East 155 feet, more or.less, to Last 1i ne of said subdivision; thencie South 100 feet; thence West 155 feet, more or.less, to point of be,,inni.nL. Lj Pal-cel 13 IoL;etlaer witi'l casement for ingress, eLi.ress and utilities over and !> alon� the following: LeCinning at a point which is 903 feet North and Q.;10 feet i�,ist of the �3outhwest corner of Northwest quarter of' L I Northwes'- quLir'er; thence North 13 'eet.; u ' 'o thence East 325 feet; tlnei,,ce &`jOuth 253 feet to a point 663 feet North and 1165 feet East of' aforesald Southwest corner ; thence !:test 10 feet; thence 1-Jorth 220 feet to a point of curvature; thence along an are to the left *of a '20 i'oot radius curve, a distance of 31-1:2 feet to. a point o.f tan,;ency; theLICe 14'eSt to the point of be6ii _L -in-* ne-. CD -ed in Snohomish County, Washin6ton. ALL situat. STATE OF WASHNGTON, �ss. County of KING' On this day personally appeared before me OFFICIAL RMORDS &A Vou 75 17 a i A. J WAYNE We BERTSCH AND PEARL He BERTSCH to me known to be the individual 9 described in and who execu.ted- the within and foregoing instrument, and acknowledged that they signed. the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this 3rd S sto 4/ day of Decem er, 1966. Notary Public in and for the State of Washington, residing at 1;� P �le - OFFICJAL RECORDS ov"07 7 5 PPAP "U-E 3 6