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Map Correction at 821 and 825 Sprague St.pdf_ _ ,.. �IW - v 7 21 ---Y 717 720 � 72Q 729 �'. �� a '•h? o C7 723 �725 728 �4 m 72M _ 473.� -I`742 73173 �.738 73�736 7277417412 ' _ 741 T36 73fl 750 ( n 755 746 750 745 �, 747 754 _�r.` CAA 59 221 � W _ 7;51 757 756 761 OAM AVE i! 804 206 220 301 3a4 U o — Ul TV 812 803co 306 ^_ 818 t�21 18i 0 co 1 _ N -- ! B24 � � 81 n 820 827 — �Nq _ 831 836 33 823 ` /Co 831 840 -b 835 825 544 N -- - �. 837 844 r 841 �..�862 p 843 84,E 843 ` I (� 849 � 0 841 �..� . 12 5 31 1 CD o ____ — dJ ` 221 _ N. 865 856 W 8 3 a i n9 001 910 909 3 22 416 506 '- 0 —� __----- . Inc. 1Boo CITY OF EDMONDS MIKE COOPER MAYOR 121 5TH AVENUE NORTH • EDMONDS, WA 98020 • 425-771-0220 • FAX 425-771-0221 Website: www.d.edmonds.wa.us PUBLIC WORKS DEPARTMENT Engineering Division February 28, 2011 Ms. Libby Lewis 821 Sprague St. Edmonds, WA 98020 Dear Libby, I am glad to say that the property is yours and I have found some documentation to prove it finally. With the help of the City Clerk's office, the approval by the City Council to sell the property was found in the Council minutes dated a June 7,1983. James Bonnell, owner of the property, offered the City $200 for the 4,330 sf in question. Once the council understood that part of the property was a steep slope, they agreed to sell. I located a Quit Claim Deed on the Snohomish County Property Information Website that is dated July, 1, 1983. There was not a copy available online but you could order one from Sno County for your records. The recording number is QCD 8307010183. I have sent out a map correction to the City and to Snohomish County. I will check back online in a month or so to make sure the correction has been made. I have attached a copy of map correction and the council minutes for your records. Sorry that it took so long to get this all sorted out. I am glad that documentation was located that confirming that you have been the owner of the property all along. Please let me know if you have any questions about this and I will be happy to answer them. Sincerely, f JoA�r�e ulauf Engine ring Divi ion Public Works De ment 425-771-0220 X1324 cc: Street File • Incorporated August 11, 1890 Sister City - Hekinan, Japan Zulauf, JoAnne From: Zulauf, JoAnne Sent: Tuesday, July 05, 2011 12:44 PM To: 'tlw@traciewalllaw.com' Subject: Libby Lewis 821 Sprague Ms Wall, After reviewing the information I sent Ms Lewis on February 28, 2011, 1 had noted that a Quit Claim deed from 1983 was the record that reflected the City of Edmonds sale of the portion of Lot 33 and 34 in question. As I stated previously the recording number for the document is QCD 8307010183. The Snohomish County Property Information shows the QCD but does not have an image available. Ms. Lewis will need to work with Snohomish County to determine how a copy can be obtained. The City, as a courtesy, provided the information to Snohomish County to make the correction to their assessor's map. I checked the site today and the map is still showing the parcel incorrectly. Ms. Lewis will need to contact Snohomish County to follow up with the request to correct the map. To view her property information on the Snohomish County website go to www.snoco.orq/proptax/, enter the address or the parcel tax id number and hit enter. Once in the Property Account Summary, click on "Other Property Data" then "View This Property On Interactive Map", you will see the tax id number in yellow and red over the Lewis property. I hope this answers all of your questions. Thank you JoAnne Zulauf Engineering Technician City of Edmonds (425) 771-0220 x1324 zulauf@ci.edmonds.wa.us Jun 08 2011 4:22PM TRACIE L WALL LAW OFFICE 4256701570 P.2 Track L. Wall www.traciewallluw. corn d,.v@traciewaIDaw.com VIA FAX: 425-771-0221 June 8, 2011 JoAnne Zulauf City of Edmonds 121 5th Ave. N Edmonds, WA 98020 Re: Libby Lewis 821 Sprague Street Edmonds, WA 98020 Parcel No. 00434208103300 Dear Ms. Zulauf: Law Office of Tracxe L. Wall, P.S. . 51 West Daymn Street, Suite 305, Edmowls, Washington 98020 Telephone; 425-670-1560 • Fax: 425-361-1512 I represent Libby Lewis. This letter is a follow up to your letter dated February 28, 2011 regarding correcting the recorded deed on the above referenced property, Were you able to confirm that the map correction has been recorded with the county? Please provide us with confirmation of the change. Thank you. If you have any questions or concerns please do not hesitate to contact us. Very truly yours, By Tracie L. Wall Enclosure(s) cc; Libby Lewis Jun 08 2011 4:22PM TRRCIE L WRLL LRW'OFFICE 4256701570 p.1 Law Of&e of Tracie L. Wall, P.S. 51 West Dayton Strcct, Suite 305, Edmonds, Washington 98020 Telephone: 425-670-1560 • Fax; 425-361-1512 FAX COVER SHEET Privileged and Confidential Transmission Date: Wednesday, June 8, 2011 From: Tracie L. Wall Pages: 2, including this coves sheet Original Document to be mailed?: No Receiving Party Fax Number Phone Number JoAnne Zulauf, City of 425-771-0221 Edmonds 4 Comments: 41 If you do not receive all of the above described material, please telephone immediately to the Law Office of Tracie L. Wall P. S., at (425) 670-1560. The lafomadon contained in this transmission is privileged and confidential. It is intended for the use of dw individual or entity named abovt If the reader of the message is not the intended addressee, the reader is hereby noNficd that any cmulderation, dissemination or duplication of this communioation is strictly prohibited. If the addressee has received this communication in error, please return this transmission to us at the above address by mail, We will reimburse you for postage, In additlon, plcaec notify us immediately by phone, (Cell ooilect) Thank- you, For Office Use only: Client Matter 4 - Time: Zulauf, JoAnne From: Zulauf, JoAnne Sent: Monday, February 28, 2011 12:29 PM To: Thornquist, Linda Subject: Map Correction Linda, I have been doing some research on a couple of lots, 821 and 825 Sprague St. I finally found the documentation that shows the City quit claimed portions of these properties to the original homeowners back in 1983. Both the mapbooks and Sno Co need to be updated. I don't have the comprehensive list anymore, would you mind sending this around? I've attached the mapbook pages showing the changes and the quit claim numbers that Sno Co may need. Thank you for your help! l=J c2i� l'�J 2011022809002513 825 Sprague.pdf 821 Sprague.pdf 9.pdf (845 KB)... (530 KB) (587 KB) JoAnne Zulauf Engineering Technician City of Edmonds (425) 771-0220 x1324 zulauf@ci.edmonds.wa.us O C14 00Vm 0 CC) 0 0 (N ELECTRONICALLY RECORDED 200808120610 - 9 08/12/2008 04:18 PM 51.00 SNOHOMISH COUNTY WASHINGTON ....Aeft;.r-Recarding Return To: .HomeStrget Bank Hoine Equitylending-... 0: " ..2Wwo Union'Square 60J..Uqi6n.Street Seattle;IkA 981D1:-*`"'--' -�a A-dcount,Nu m er: 004342-081-033-00 Assessor'!� rcel'�r b Abbreviated-tegaf bescr'iption: LOTS 33-34, BLOCK 81, CITY OF EDMONDS, VOL. 2, P. 39, R-. SNOHOMISCOUN*i.y*"*"--,. Full legal description)bcated-op-p'*age•.2'- Trustee: Pacific Northwesi-TiSk'Orof - snoho'roish County, Inc., a Washington Corporation ----- — ---------- [Spacb Abqvi Thii line:For Recording Data]--------_______ __ — ------ DOC ID N: Dtgi) OF TRUST-"-. PNWT of Credit .Trus'ti'Deed).. Additional signatures on pg: THIS DEED OF TRUST, dated 08/07/2008, iS::ketweien'Libby X. Uw*is, a married individual, as her sole and seperaie estate, residing at 821 Sprague Str&c.t, E"ds,.WA*' 98020, the person or persons signing as "Grantor(s)" below and hereinafter referred to a's-'-'=" Northwest Title Co. of Snohomish County, Inc., a Washington Corporation, as trustee nd-herdinafter referred to as the "Trustee," with an address at 3224 Wetmore Ave, Everet5, WA 98.201 The beneficiary of "Mortgage Electronic Registration S y%stems,_ Jiic- . 9S.") (solely as nominee for Lender, as hereinafter defined and Lender's successors and assk6s)..--NMRS .is organized and existing under the laws of Delaware and has an address of PO Box .- - 2026,-*- Xljht, MI 48501-2026, tel. (888)679-MERS. HomeStreet Bank ("Lender") is organized and..exi5fiilg under the laws of the state of NVA and has an address -of 2000-Two Union Square; 601-Union*Straef,.s6anle--VVA,-gilol. CONVEYANCE AND GRANT. For valuable consideration, including the.Joai1 hereinafter described, Grantor conveys to Trustee in trust with power of sale, right of entry and Possessi fo;*.Ihe benefit of MERS, (as nominee for Lender and Lender's successors and assigns), as%..eriefici6y, all'6f..Grantor's right, title, and interest in and to the following described real property, toge er.with...-ill existing or subsequently erected or affixed buildings, improvements and fixtures; all easei-q0r6s,.1-1jhts ofwiy, and ditch i appurtenances; all water, water rights and ditch rights (including stock in utilities 'W"Ith di - 1i pr irrigation rights); and all other rights, royalties, and profits relating to the real property;-'in.Oikain;.-.without limitation all minerals, oil, gas, geothermal and similar matters, (the "Prernfses-).,-f SNOHOMISH County, Washington: 004 WA HELOC Deed of Trust—vt (0607) 1 0F8 500610 .. A�rarktor understands and agrees that MERS holds only legal title to the interests granted by Grantor in this Deed of Trust; but, if necessary to comply with law or custom, MERS (as nominee for Lender and -'"iAe er's successors and assigns) has the right: to exercise any or all of those interests, including, but not :'limited tb, the right to foreclose and sell the Premises; and to take any action required of Lender, including, bp'!.mt•Ifmifed to, releasing or canceling this Deed of Trust. "`I7ie premises are located• at: 821 Sprague Street, Edmonds"SNOHOMISH County, Washington 98020 (the "Premises"). and further descfilSed`as''L'O''S'33 AND 34, BLOCK 81, CITY OF EDMONDS, ACCORDING TO THE PLAT TA.FZOF.R£CO$DED IN VOLUME 2 OF PLATS, PAGE 39 IN SNOHOMISH COUNTY, WASHINGTQ.N. The Premises include all-buildingsand other improvements now or in.the future on the Premises and all rights and interests which derive l'rQin our ownership, use or possession of the Premises and all appurtenances therefb� The .l?remises are not used principally for agricultural or farming purposes. TERM: The maximum term of the Note is 25%years, including any renewals or extensions thereof. LOAN: The Deed of Trust will se6 e:a loan Jn the•priiicipal amount of $450,000.00 or so mirch thereof as may be advanced and readwahcc l­firom time•tti•time-461' ibby A Lewis , the Borrower(s) under the Home Equity Line of Credit Agreement 'and.•Disclosure Statement (the "Note") dated 08/0712008, plus interest and costs, late charges and all other cbdTges related to the loanr.all of which sums are repayable according to the Note. This Deed of Trust will also secure the perf3finatic� of all of the promises and agreements made by us and each Borrower and Co -Signer in the-Note,all of our promises and agreements in this Deed of Trust, any extensions, renewals, amendments, supplements and other modifications of the Note, and any amounts advanced by you under the' terms•tif the.4ectio0 of this Deed of Trust entitled "Our Authority To You." Loans under the Note 'tnay be..at'ade, ropaid and remade from time to time in accordance with the terms of the Note and subjec't•jo the Credit:umil.set forth in the Note. OWNERSHIP: We are the sole owner(s) of the Premises' We-5vd the legal right to mortgage, grant and convey the Premises to the Trustee. IMPORTANT OBLIGATIONS: (a) PAYMENT AND PERFORMANCE: If we have signed'the NW., we.•Will•pay to you all amounts secured by this Deed of Trust as they become due, and shall stricttyperfoitn our obligations. (b) TAXES: We will pay all real estate taxes, assessments, water ChargCS anci'sewer, rents relating to the Premises when they become due. We will not claim any credit on, or make dedacti9n'from, the loan under the Note because we pay these taxes and charges. We will provide ydu wiEH'praof of. under upon request. (c) MAINTENANCE: We will maintain the building(s) on the Premises iri'good condititm. We will not make major changes in the building(s) except for normal repairs. We agreh.to.nbtify'you dt least fifteen (15) days before any work is commenced, any services are furnished, or any rQer als gre,suppl4ed to the Premises, if any mechanic's lien, materialmen's lien or other lien could be asserte$i*6n*account of .. the work, services, or materials. We will not tear down any of the building(s) on the Premises without fast 004 WA HELOC Dccd of Trust_vl (0607) 2 of 8 500610 " tlur prgmises in this Deed of Trust. Any replacement insurance that you obtain to cover loss or damages to =1 tfte 1remises may be limited to the amount owing on the Note plus the amount of any Prior Deeds of PWOR DEED OF TRUST: If the Premises is subject to any prior deeds of trust that have not been subordrnate&iomt is -Dew of Trust ("Prior Deeds of Trust"), we have disclosed the material terms of the `Prior DeeA9 of Trust to ygii, and we agree that we shall not increase, amend or modify any Prior Deed of ;trust without your prior.%vnUen consent and shall upon receipt of any written notice from the holder of the Prior Deed of Trust, promptly deliver a copy of such notice to you. We shall pay and perform all of our otilig .6ns.wiaer the: fb` i heeds of Trust as and when required thereunder. 0) WAR1510US•SANCES: We shall not cause or permit the presence, use, disposal, storage, or release of any fiazarddus•.Substances on or in the Premises. We shall not do, nor allow anyone else to do, anything affegtirPg .tlie Premises that is in violation of any Environmental Law. The preceding two sentences shall not apply t6*&-.presence, use, or storage on the Premises of small quantities of Hazardous Substances that are gendrally iecognized.to be appropriate to normal residential uses and to maintenance of the Premises. As used i this paaagraph;'`'Hazardous Substances" are those substances defined as toxic or hazardous substanc�s••by-Eno'ironindntal Law and the following substances: gasoline, kerosene, other flammable or toxic petroWC m ,produdj(s, i'oxic pesticides and herbicides, volatile solvents, materials containing asbestos or For-rliaJdtb)fde;•••and•., radioactive materials. As used in this paragraph, "Environmental Law" means Jaws of th.p jurisdiction where the Premises are located that relate to health, safety or envirortmendal�proteelion-. (k) DUE ON SALE — CONSEN-f j4UPt6: We will not sell, transfer ownership of, mortgage, lease, grant an easement, or otherwi§e dispose of our intere4.1p the Premises, in whole or in part, or permit any other lien or claim against the Premises without your *prior written consent. We agree that in the event of any such transfer you may, at your option, (unl:es"s-..prohibited by federal or Washington law), either (a) declare immediately due and payable.all sunw•securod byAbis Deed of Trust or (b) increase the interest rate and impose such other conditioris�as yQu deerti appropriate and which are consistent with applicable law. (1) INSPECTION: We will permit you to inspect the Premises at any reasonable time. (m) AGREEMENTS THAT APPLY TO CONDOMII`IIUMS AND PUDS: If the Premises is a unit in a Condominium Project or in a PUD, we will fulfill all of our -obligations under the declaration, bylaws, regulations and other documents that create or govern the Condoininiufn'•Psojext or PUD (including but not limited to the payment of any common expenses or special a;;sessm pts), we will not divide the Premises into smaller parts that may be owned separately, and•: we will no(consent to certain actions unless we have first given you notice and obtained your consent i'tr-wratit}g:' These actions are: (i) the abandonment or termination of the Condominium Project or PUD, unless; in the cas1b`og.A condominium, the abandonment or termination is required by law; (ii) any change to'•the'•declaration, bylaws or regulations of the Owners' Association, trust agreement, articles of incorli ation, or'otlxrrr documents that create or govern the Condominium Project or PUD, including, for example,' cliang>' in the'pert entage of ownership rights held by unit owners in the Condominium Project or in the cominort.ateas'or facilities of the PUD; (iii) a decision by the Owners' Association to terminate professional 14atiageriient gpa io'•begin self -management of the Condominium Project or PUD; (iv) the transfer, release, creation of ; iens, partition or subdivision of all or part of the common areas and facilities of the PUIj. ,: (However, this provision does not apply to the transfer by the Owners' Association of rights to use thfise cp#imcsn•areas•• and facilities for utilities and other similar or related purposes.) 004 WA HELOC Dccd ofTrust _v1 (0607) 4 of 500610�" NQ •T OSS OF RIGHTS: The Note and this Deed of Trust may be negotiated or assigned by you without Teleasing'ii5-or the Premises. You may add or release any person or property obligated under the Note and AisPeed ,of Trust without losing your rights in the Premises. l Dl FAULTJ"T'tiei a will be a default under this Deed of Trust if any of the following happen: (A) There is 'fraud or"aRlaterial'mrsrepresentation is made to you at any time in connection with the Note. This can include; -for exaitmlZle;'alse statement about an obligor's income, assets, liabilities, or any other aspects of an obligor'§ finaiicial conditigtt. (B) The repayment terms of the Note are not met. (C) Our action or inacticb adversely aflecti,.d collateral or your rights in the collateral. This can include, for example, failure to 1i aintatn regtftred:irisurance, waste or destructive use of the Premises, creation of a senior lien on the Preibi-99 wi6ut•y6ar prior written consent, failure to pay taxes, death of all persons liable on the Note, transfer pi`titl�-di.sttle dlhg! Premises, foreclosure by the holder of another lien, or the use of funds or the Premises•for`p;Ohibited•purppses. RIGHTS AND REM-EDXES.,ON'D'EFA--VL'>;; if at any time any event of default occurs under this Deed of Trust, you or Trusted-inay +exercise any one or more of the following rights and remedies. All of your rights and remedies will b c'6m, ulaat'ive,and may be exercised alone or together. An election by you to choose any one remedy will not -bar, yoo. from using any other remedy. If you decide to spend money or to perform any of our obligati mi -s uitcler fiis Lieeti of Trust. after we fail to do so, that decision by you will not affect your right to declare us iia defau'tian'd toexercise any or all of your remedies. (a) ACCELERATE INDE(3TEou shall have the right at your option to declare the entire amount owed under the Note iinmediately'due and payalaje. (b) FORECLOSURE. With respect to all or atiy part of the Premises, the Trustee shall have the right to exercise its power of sale and to foreclose -by notes 'arid sale, and you shall additionally have the right to foreclose by judicial foreclosure, in either r caswfn accddande with and to the full extent provided by applicable law. "I (c) UCC REMEDIES. To the extent the -Note' �is •sectired by... property which is subject to the Uniform Commercial Code, you shall have all the rights axid remedies of a secured party thereunder. (d) COLLECT RENTS. You shall have the right, wifhout nritice-ta.us, to take possession of and manage the Premises and collect the rents, including amottats'-pasf'due and'Ztnpaid, and apply the net proceeds, over and above your costs, against the amount owed.under'ihe:•Note. In furtherance of this right, you may require any tenant or other user of the Premises td: mpke'patymcnts of rent or use fees directly to you. If you collect the rents, then we irrevocably designate you••tis oar attorney -in -fact to endorse instruments received in payment thereof in our name and't'n'riegotiate th6*• ame and collect the proceeds. Payments by tenants or other users to you in response td your• deimand'shall satisfy the obligations for which the payments are made, whether or not any proper•.gromids'for tht: demand existed. You may exercise your rights under this subparagraph either in person, by i&nt, pr'throiigh:a;receiver. (e) APPOINT RECEIVER. You shall have the right to have a 4cceiver'•aRpt*)inted to take possession of all or any part of the Premises, with the power to protect and preserve the .Premises, to operate the Premises preceding or pending foreclosure or sale, and to collect the rents 1Fotn tl* Pr§inises and apply the proceeds, over and above the cost of the receivership, against the atnoai t..oGved under the Note. The receiver may serve without bond if permitted by law. Your right to appoint a tecsi'ver shall exist whether or not the apparent value of the Premises exceeds the amount owed undet"the Not;a 004 WA HEIAC Deed ofl'rust_v] (0607) 5 of S 500610 ti ....-qubstantial amount. & .-M TENANCY AT SUFFERANCE. If we remain in possession of the Premises after it is sold as -�JbVi d a6ye or after you otherwise become entitled to possession after our default, we shall become a ...tcn,vrf -iiAuff&ance and shall, at your option, either pay a reasonable rent for use of the Premises or vacate ft PreMiscs,1rPrt*iitd1y upon your demand. 6�15DTES. You or Trustee shall have any other right or remedy provided under (h)-SALF,,0rz-ti%.'FR0P*ERTY. To the extent permitted by law, we hereby waive any and all right we n hai�e to-111ave th� property securing the Note marshaled. (i) FEIES IAWNI? EX'­P*`ENS-ES. You shall be entitled to collect all reasonable fees and costs actually incurred by you in` ppoiccedftf,�* to fbieclosure, to public sale, or in exercising any of your other rights upon our default, includin, bift not limii�d to,-*,ir*u�1ce's fees, reasonable attorneys' fees (whether or not there is a judicial proceedini),ana'C"O'Sts �tdc;6��-ihfailry evidence, abstracts and title reports'. WAIVERS: To the extent. O�rmw�d" h;y'­a­p­p1icable law, we waive and release any error or defects in proceedings to enforce thi§--,D6ed-b*f-T-imst-.a�d. hereby waive the benefit of any present or future laws providing for stay of executio . n, exteji�10� oe timq,-'�Yemption from attachment, levy and sale and homestead exemption. BINDING EFFECT: Each of us shMr �e- fli - Ily �os'p'onsible for all of the promises and agreements in this Deed of Trust. Until the Note has bee� p��id`i'n full and yqw--ali.gation to make further advances under the Note has been terminated, the pr6VIsions of this Dd�d of Trmst will be binding on. us, our legal representatives, our heirs and all future owners of tho-P�ierni.qes:'.' This�-Deed of Trust is for your benefit and for the benefit of anyone to whom you may as�*6 it. gon p;ymen; in full of all amounts owing to you under the Note and this Deed of Trust, and previded:��ny--obfijati.oii to make further advances under the Note has terminated, this Deed of Trust and your'16ights*'M­ the Fre'rises shall end. NOTICE: Except for any notice required. under applicab!e*. law.-to-*�e g iven in another manner, (a) any notice to us provided for in this Deed of Trust shall be gilen b� de.li4erip - g it or by mailing such notice by regular first class mail addressed to -us at the last addrblss a'pV�aring'*in..Wur records or at such other address as we may designate by notice to you as provided libminv-stiao') any r�b;ice to you shall be given by certified mail, return receipt requested, to your address at 200Q-*Tw9-UM�n S4uare, 601 Union Street, Seattle, WA 98101 or to such other address as you may designate by rxbtice tb-us.21* Apy notice provided for in this Deed of Trust shall be deemed to have been given to *u.s oi**�Ou w, en given in the manner designated herein. RELEASE: Upon payment of all sums secured by this Deed ofTrust andprovi8od-i�ur, obfi;gation to make further advances under the Note has terminated, the Trustee shall dischar&1his Doed qf'tru�sl-. We shall pay reasonable trustee fees and recording costs for obtaining a reconveyance kthfi'Pd�d qf..Ti�;k% SEVERABILITY: If any provision in this Deed of Trust is held invalid or unen]W6eaLM�, the-remaming provisions shall continue in full force and effect. GENERAL: You or the Trustee can waive or delay enforcing any of your rights under this P.ee�'o*Vfr**u"sti without losing them. Any waiver by you ofany provisions of this Deed ofTrust will not be-a�'�va&er of�W�i ...... 'or any.other provision on any other occasion. S.i BUITUTE TRUSTEE: Beneficiary may, from time to time, appoint a successor trustee by an %"insiTument Executed and acknowledged by Beneficiary and recorded in the county in which this Deed of Trust1i xecorded, and upon such recordation the successor trustee shall become vested with the same power-;• righis,•duties and authority of the Trustee with the same effect as if originally made Trustee .hereundexa" ORAL': AG EMiNTS,OR`:ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR T.0' FQRBEA6M ENFORCING REPAYMENTS OF A DEBT ARE NOT ENFORCE -"LE- ER.WASHINGTON LAW. MERGER: ,There' ihall bi �o•merger of the interest or estate created by this Deed of Trust with any other estate or interest iryciie•Piemises Al.;ny time held by you or for your benefit without your written consent. 004 WA HELOC Deed orTrust_v] (0607) 7 of8 50061.0 r� ti f i THIS DEED OF TRUST has been signed by each of us wider seal on the date first above written. V. :X 4.VYA L,evyi The urideisignodexecuted tHis"Degd of Trust To evidence his / her acknowledgment that he / she: (A) Acknowledges that'he`I s ke i fe'ceive a direct benefit from the loan secured hereby, (B) Consent to such loan, and()Qgiee tti a interest or claim that he / she may have in the Property subject hereto, including any itaftia ghts•therein is, and will be, subject and subordinate to beneficiary's rights under th' ee Tr X i Paul D Lewis . I I 004 WA HELOC Deed offrust (0607) 8 of 8 500610 ti I ' STATE OF ...-COUNTY OF appeared before me to me kn0 ol;e divlaual(s) described in an who executed the within and foregoing -ing 'e" nt ,-,a6d acknowledged signed the same as r act and deed, for the uses and purposes therein mentioned. GIVEN under my h d official seak`this ol day of 11 6 'F F qt ".Pub for the State of ary HUG A isiinA ��? 6, WE �*P' .. ....My (;orfnrfission expires 9-Z5 -2dfl W t4olltsvf %P O OF VAILN RECORDED RMRN TO ..AIBBY A. LEWIS .....9192 EDMONDS WAY, SUITE 257 EDMONDS, WA 98020 Attn: CHIC' 13 I 111111111111111111111111111 oil III H] 1111 2 i PG st, H M, WINGTON Reference NO.: Recon 9053'$... FULL RECONWYANCE The undersignVs'as Vtls't*cd . un - der.,that certain Deed of Trust, dated January 4 2001.inwhich LIBBY A. LEWiS".."'A" MARRIED WOMAN, AS HER SEPARATE ESTATE is grantor and LIBBY A. LEWIS, TRiJSTEt..0V..T-,HP nSTAVMTARY TRUST OF WAYNE MILLER is beneficiary, recorded on June zg' 2001, as Auditor's File No. 200106260080,in Volume of Mortga^ at page. , records of SNOHOMISH County, Washington, having received ' .. *ihe bencfici xhdce%aid Decd of Trust, a written request to rcconvcy, reciting that the obligations secured by the De6d of T ' - n fully satisfied, does hereby reconvey, without warranty, to the per (s) entill.. -iiercko- all of the right, title and interest now held by said trustee in and to the property described id said Dof Trust, situated in SNOH014ISH County, Washington, as follows: AS SET FORTH ON SAID DEED OF TRUST ... ......... ........... CHIA'_GOTMY SWS CIE QOMPAUNY (Trustee) Tax Account Number: By: Dated AUGUST E., 2008 DON MEDEMA AUTHORIZED SIGNATORY STATE OF WASHINGTON COUNTY OF I certify that I know or have satisfactory evidence that DON MEDEMA. is the person who appeared before me, and said person acknowledged that he/sht sjtpd thirinstrimcnt, on oath, stated that he/she was authorized to execute the instrument and acknowledged it -as AUTHORIZED SIGNATORY GOT] TLEINSURANCE COMPANY -" an urposesn)eition in ufe:n�t,.,* .. edi h i I*s the free and voluntary act of 'NIS VO;V DATED AUGUST 6, 240 ';Pa $ My appointment �0 expires f -INO '4'fj- "xy !; got�Public in for rt t 0 Was*g; 50 wt- -9 _rcsA4 a 56, (jav-x, F0 Z -e' WHEN RECORDED RETURN! TO ` L113AY-A LEWIS ...821.8praiige Street ` Edmonds, WA 98020 Q 00 0 O CO G�2 t+� .. o ' Recorded at the rgquest of VAtit responsibility for the tegal'Qescnptior 11111111{Uil 11111UIl 1I1a14 " 200106260080 P602R5AM Snohomish 003ECORDEDCony DEED OF TRUST WET;, JACOBSON & BISHOP, PLLC The draftsman assumes no 1. Stated title owner(s) herein, which were supplied by the parties hereto THIS DEED OF TRUST, made''this 0day73Pdanuary, 2001, between LIBBY A LEWIS, a marred woman as her separate property, GRANTOR, whose•.adaras is 821 Sprague Street, Edmonds, Washington 98020, CHICAGO TITLE INSURANCE COMPAi`IY;'TRUS fE, wl;ose address is 701 -- 5�' Avenue, Suite 1800, Seattle, Washington 98104, and LIBBY A LEWIS, ;Trustee; or her supcessot in trust, under the TESTAMENTARY TRUST OF WAYNE A MILLER, dated Septei•10, 1993,.BENEJzICIARY, whose address is 821 Sprague Street, Edmonds, Washington 98020 WITNESSETH Grantor hereby bargaih.s,•'sells aitd conveys to Trlistee in Trust, with power of sale, the following described real property in Snohomish County,Vashmgton LOTS 33 AND 34, BLOCK 81, PLAT OF.-CITY.0P..EDMONDS, RECORDED IN VOLUME 2 OF PLATS, PAGES 38 AND 39, RECORDS•(jF SNGHOMISH COUNTY, WASHINGTON •t4 Assessor's Tax Parcel Number 4342 081 033 00`00 " Which real property is not used principally for agricultural of farming purposes, together with all the tenements, hereditaments, and appurtenances now or hereafter thereuntb belongiur'g or in any wise appertaining, and the rents, issues and profits thereof This deed is for the purposes of securing performance of each agreement of•grantnr herein contained, and payment of the sum of FORTY-THREE THOUSAND DOLLARS AND NO/ I00 ($43;000f 00) with interest, in accordance with the terms of a promissory note of even date herewith, payabM. to 13.eAefrc'iary or•arder, and made by Grantor, and all renewals, modifications and extensions thereof, and also sucli•further.$urns'as may be advanced or loaned by Beneficiary to Grantor, or any of their successors or assigns, together wffi )Fderest.tlierem at such rate as shall be agreed upon To protect the security of the Deed of Trust, Grantor covenants and agrees ,y. 1 To keep the property in good condition and repair, to permit no waste thereof;•to.ebmplete any building, structure or improvement being built or about to be built thereon, to restore pro'mp'tly.•aiiy buildmg,.structure or improvement thereon which may be damaged or destroyed, and to comply with a11;Caws vTdulance;; regulations, covenants, conditions and restrictions affecting the property 2 To pay before delinquent all lawful taxes and assessments upon the property, to keep $ie pro¢erfree and clear of all other charges, liens or encumbrances impairing the security of this Deed of Trust .. 3' To keep all buildings now or hereafter erected on the property described herein continuously insured .' agaifisrioss by fire or other hazards in an amount not less than the total debt secured by this Deed of Trust All •: PbTities stall be held by the Beneficiary, and be in such companies as the Beneficiary may approve and have loss pdyableAirst to the Beneficiary, as its interest may appear, and then to the Grantor The amount collected under any insura ce•policy may be applied upon any indebtedness hereby secured in such order as the Beneficiary shall .deicrinine Such application by the Beneficiary shall not cause discontinuance of any proceedings to foreclose this Deed of'Tryfit fit the event of foreclosure, all rights of the Grantor in insurance policies then in force shall pass to the p>rchaser afthe feiteclo'sure sale 4 rfefenc an}?. acttvrts :or proceeding purporting to affect the security hereof or the rights or powers of Beneficia6. or Tiiist" r6, and to apply all costs and expenses, including cost of title search and attorney's fees in a reasonable aniountem- any siiclt:`aC'tion or proceeding, and in any suit brought by Beneficiary to foreclose this Deed of Trust ; 5 To paf*all costs, fees and expenses in connection with this Deed of Trust, including the expenses of the Trustee incurred ii erifotcuig'this **'+ligation secured hereby and Trustee's and attorney's fees actually incurred, as provided by statute.-- 6 Should Grantor f&A.ta.pay--irtten,ffne.any taxes, assessments, insurance premiums, liens, encumbrances or other charges against tlkRroperty:beieui iiove described, Beneficiary may pay the same and the amount so paid, with interest at the rate set forth.iti'the n6ie,secured hereby, shall be added to and become part of the debt secured in this Deed of Trust IT IS MUTUALLY AGREED THAT • -••. '' 1 In the event any portion of the propetty'is takdh or damaged in an eminent domain proceeding, the entire amount of the award or such portion as •4fray 6e ne_cetiary to fully satisfy the obligation secured hereby, shall be paid to Beneficiary to be applied to said obligation 2 By accepting payment of any sum secured herrbyf aft -its due -date Beneficiary does not waive its right to require prompt payment when due of all sums so seemed orA6 declare *fault for failure to so pay 3 The Trustee shall reconvey all or any part of'the 'propeerty covered by this Deed of Trust to the person entitled thereto on written request of the Grantor and•ihe Benefitclary, •or• upon satisfaction of the obligation secured and written request for reconveyance made by the Beneficiary or th person entitled thereto 4 Upon default by Grantor m the payment of any iniebtt4cs' 'seciired hereby or in the performance of any agreement contained herein, all sums secured hereby shall iri;mediately. b'cam re•due and payable at the option of the Beneficiary In such event and upon written request of Beneficiary, TMtee...shall sell the trust property, in accordance with the Deed of Trust Act of the State of Washingtoi , at p6&hc auction to the highest bidder Any person except Trustee may bid at Trustee's sale Trustee shall apply tlfe proceeds` of.the sale as follows (1) to the expense of the sale, including a reasonable Trustee's fee and attom' ey's fee, (21.6 the. obligation secured by this Deed of Trust, (3) the surplus, if any, shall be distributed to the persons`rrirttled,giereto` 5 Trustee shall deliver to the purchaser at the sale its deed, witheut warFafity, wliicja shall convey to the purchaser the interest in the property which Grantor had or had the power td - onvey.af tlur rime. of his execution of this Deed of Trust, and such as he may have acquired thereafter, Trustee's deid.sfialllecite tiie •facts showing that the sale was conducted in compliance with all the requirements of law and of this,Uied of t jyst, M;hich recital shall be prima facie evidence of such compliance and conclusive evidence thereof in favor of -bona fi&-purchaser and encumbrances for value 6 The power of sale conferred by this Deed of Trust and by the Deed of Trust Act o€the Safe af'Wdsliington in not an exclusive remedy, Beneficiary may cause this Deed of Trust to be foreclosed as a tnoftgage 7 In the event of the death, incapacity, disability or resignation of Trustee, Beneficiary inky appouit,in venting a successor trustee, and upon the recording of such appointment in the mortgage records of the iounty.dL whicfl thtS 2001002 ' .. 6008P., P6d'Qf Trust is recorded, the successor trustee shall be vested with all powers of the onginal trustee The trustee is not 65tigated to notify any party hereto of the pending sale under any other Deed of Trust or of any action or .....-proceedi59 in which Grantor, Trustee of Beneficiary shall be a party unless such action or proceeding is brought by •thi*Trustee Pjs Dftd of Trust applies to, inures to, the benefit of, and is binding not only on the parties hereto, but on thrrir heii-s, devispes, legatees, administrators, executors and assigns The term Beneficiary shall mean the holder 'd o' r*of hereby, whether or not named as Beneficiary herein Date an LIBBY A LWIS;-Graptiii .......... STATE OF WASHM. fON' COUNTY OF KING On this day personally appe�rettt;Aqm'me P13BY A LEWIS. to me know to be the individual de§&ibqd-16 and wWho-pxecuted the within and foregoing instrum=-,-'and--eckr'iowledicd that she signed the same as her free and vq36tar *' ' _y act qid d&d, for the uses and purposes therein mentionkd GIVEN under my hand and official seal this anuqz;yr,' RIAh NOTARY."I'LIBVC in and for the State of Washington Residing at 156AQ&* My Commission Expires PLACE NOTARY SEAL HERE HEIDI LAWSON STATE OF WASHINGTON NOTARY PUBLIC CMISSIC, CSIC 200106260 M038 ...WHEN RECORDED RETURN TO . LIBIWA LEWIS -•3`2I:Spradge Street ..: :Edmonds WA 98020 O _ ' o O REC4� �H�S pCiS 1N�• Q ARE .. a as I I i iii III y��Nllllilfll�llll �IHI�I.IIIIINII� u I� I 200101090332 _. 01/09/2001 03:48 PM Snohomish P.0001 RECORDED County QUIT CLAIM DEED Recorded at the request of VANDER-'WEL, JACOBSON & BISHOP, PLLC The draftsman assumes no responsibility for the'}gga['descriptiort anzi`stated title owner(s) herein, which were supplied by the parties hereto The undersigned grantor, ..1IBB.Y"*A,--LEWIS (formerly known as LIBBY A MILLER), Trustee, TESTAMENTARY TRUST'OE•'WA-Y-KP,A. MILLER, does hereby grant, convey and quit claim to LIBBY A LEWIS, a mamed woman as lier,separate property, the Following described real property situated in the County of Snohim ish, State of Washington,' lti. ir' * any iinterest thergan which Grantor may hereafter acquire Legal Description LOTS 33 AND�34,,BLO.EK 81•.PLAT OF CITY OF EDMONDS, RECORDED IN VOLUME 2 OF PLATS, PAGES 38 AND 39, R9i pQRDS RF'SNOHOMISU-.POUNTY, WASNINGTON Assessor's Tax Parcel Number 4342 081 033 00 00 Including and subject to all matters of record. Dated LIBBY A LE IS f/k/a LIBBY A MILLER, Trustee STATE OF WASHINGTON ) ))SS COUNTY O } On this day personally appeared before me LIBBY A LEWIS, to me know 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 hand and official seal this day of letftt�ry, 200), /%� ARY PUBLIC in and fbylhe State of shington csiding at My Commission fxpires olaow PEACE NOTARY SEAL HERE w-1'��:�oM�•.Fx 9y •s. F . e�atARy ' Nam•;' AUBLIGi..'• ¢ *1%2.....+''`R r - WaN RECORDED RETURN TO f + LIB8Y'A LEWIS 01Z' .•521:SpraugeStreet Edmonds WA 98020 O _ O Vet©�S 0601 r--t O �NOU�`��v.-�R p0� ARE C� .. 161038 a ci 200101090332 _. 01/09/2001 03.48 PM Snohomish P.0001 RECORDED County QUIT CLAIM DEED Recorded at the request of VANDER WEI, JACOBSON & BISHOP, PLLC The draftsman assumes no responsibility for the 2ggal'descnphori anti1`stated title owner(s) herein, which were supplied by the parries hereto The undersigned grantor, .--LIBB.Y"'A-. 1 WIS (formerly known as LIBBY A MILLER), Trustee, TESTAMENTARY TRUST* OE•'WA-Y-NR.A, ?vULLER, does hereby grant, convey and quit claim to LIBBY A LEWIS, a married woman as iierseparate prppe4, the following described real property situated in the County of Snohimish, State of Washington, :icleding any inierast'iherein which Grantor may hereafter acquire Legal Description LOTS 33 AND 34,,B-LW-K 81,•PLAT OF CITY OF EDMONDS, RECORDED IN VOLUME 2 OF PLATS, PAGES 38 AND 39, RECORDS Of-SNOHOMISII,COUNTY, WASHINGTON Assessor's Tax Parcel Number 4342 081 033 00 00 Including and subject to all matters of record. Dated LIBBY A LE IS Fk/a LIBBY A MILLER, Trustee STATE OF WASHINGTON ) ' , � )SS COUNTY O _ W � On this day personally appeared before me LIBBY A LEWIS, to me know 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 underrfiY)hand and fficial seal this 4/4 day of JeTM4ry, 2001/ / � 7fi¢O �TARY PUBLIC in and he State of shington csiding atIu My Commission ifxpires olaow PEACE NpTARY SEAL HERE Jerry Lovell of Lovell-Sauerland and Associates, Inc., represented Don Finnegan. He said the former owner dedicated the 5' with the short plat with no compensation, and it has been the City's policy to allow -this which he thought was a good policy on the basis of density. He said they are willing to accept all the engineering requirements. No one else !dished to speak, and the hearing was closed. COUNCILMEMBER NAUGHTEN MOVED, SECONDED BY COU"CILMEMBER KASPER, TO APPROVE P-1-83, BASED ON THE FINDINGS AND RECOMMENDATIONS OF THE HEARING EXAMINER. MOTION CARRIED. REPORT ON OFFERS TO PURCHASE SURPLUS PROPERTIES ON SPPAGUE ST. BY NEGOTIATED SALE Property Manager Jim Jessel reported that James Bonnell had offered $200 for portions of Lots 33 and 34 on Sprague St. which he needs to build a residence. At 4,330+ sq. ft., his offer would equal approximately 22¢ per sq. ft. Similar surrounding residential lots have assessed values of $2.00 - $3.34 per sq. ft. Mr. Jessell said the lot is highly sloped but it is buildable. He recommended a price of $2.50 per sq. ft. Also, Al Bailey was interested in buying the adjoining City property which is a small corner and would square off his property. Mr. Jessel recommended a $2.50 per sq. ft. value on that property also, but he recommended selling it at 50% of that value because the City can do nothing with it and because it has sold other surrounding buffer areas at lower rates. A nearby alley had been sold for $1.00 per sq. ft. Councilmember Kasper thought they should decline Mr. Bonnell's offer and have the property appraised in light of the fact that the offer was so low. Mr. Bonnell said he had researched the Swanson property and found that they bought all four of their parcels for a total of $105 so he assumed a $200 figure was not unreal on that basis. He then discovered that they had purchased a buffer zone, not a lot. Councilmember Kasper said the value of his building lot was being created with the addition of this property, and the Council's job is to get value for value, at least to a reasonable point. COUNCILMEMBER NAUGHTEN MOVED, SECONDED BY COUNCILMEi,13ER GOULD, TO SELL T'IE PROPERTY FOR $1.25 PER SQ. FT. AND TO DETERM NE HOW MA^IY SQUARE FEET THERE ARE. Councilmember Kasper said the appraised value would be much higher, and this additional property creates the value of the building lot. Councilmember Jaech said she considers the Council trustees for the public and the public expects them to get the most for their money and to manage their money properly. She said they wer_ not deeding back a small oart of an alleyway, but were creating a full building lot. Councilmember Naughten argued that the purchaser will obviously build a home and contribute to the tax base and this figure was based on a precedent in a nearby area. Councilmember Gould thought the offer was reasonable and that they should disnose of this piece of property. COUNCILMEMBER KASPER MOVED TO AMEND THE MOTION TO SELL THE PROPERTY .AT THE MIDPOI14T BETWEEN $2.00 AND 3.34. MOTION FAILED FOR LACK OF A SECOND. Mr. Bonnell added that this property is on a 30% slope and building on it -will be difficult. THE 110TION CARRIED, WITH COUNCILMEMBERS KASPER AND JAECH VOTING NO. G CZ>3;k: '9-3 0-70 10 19 3 Regarding the second property, Mrs. Al Bailey said for years they assumed there was an easement across the corner of their property and they maintained and landscaped that portion of the property along with the rest of their property. Mr. Bailey said they made an offer on May 11, 1983 to pay for legal fees and transfer of the property. He said it can be of no value to anyone else and he only wanted to make his property a four -cornered lot. The area involved is approximately 500 sq. ft. He said they maintained the end of the street and.created a:veritable park, and they have cleaned the drain because the City could not do it. COUNCILMEMBER GOULD MOVED, SECONDED BY COUNCIL - MEMBER KASPER, TO ACCEPT THE OFFER OF MR. AND MRS. BAILEY. MOTION CARRIED. AUTHORIZATION FOR MAYOR TO SIGN AGREEMENT PUBLIC WORKS BUILDING NG YNNWOOD City Attorney Wayne Tanaka said he had talked with the Lynnwood City .Attorney regarding Edmonds' concerns and they agreed Lynnwood and Mountlake Terrace would not take part in the selection of the arbitrator if there were any concerns as far as SNOCOM is concerned. He said the other concerns about the contract which he had brought up were not major. COUNCILMEMBER NAUGHTEN MOVED, SECONDED BY COUNCILMEMBER ALLEN, TO AUTHORIZE THE MAYOR TO SIGN THE AGREEMENT WITH THAT MODIFICATION. Lockheed Reader, Director of the SNOCOM Board, said the document will not be changed but the SNOCOM Board will write a resolution to that effect. THE MOTION CARRIED. COUNCIL Councilmember Hall. reocrted that she had attended the Firefighters' Benefit Dance, along ikith Councilmembers Naughten and Nordquist and the Mayor. Council President Jaech noted that the next School Board meeting will be on the same night as the City Council meeting next week and several Councilmembers will attend the School Board meeting because of the issue of closing Edmonds High School. She said the full Council is needed for the personnel actions on that Council agenda. The Council meeting had been changed to that night because of the AWC Conference beginning tine following night. After discussing the o-Ptions, C'UNCILt117515ER HALL MOVED, SECONDED BY COUNCILMEMBER ALLEN, TO CANCEL THE JUNE 13, 1983 COUNCIL MEETING. MOTION CARRIED, WITH COUNCILMEMBER NORDQUIST VOTING NO. COUNCILMEMBER ALLEN THEN MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, THAT ALL THE ITEMS ON THE JUNE 13 AGENDA BE MOVED TO JUNE 28 AND ALL THE JUNE 28 ITEMS BE MOVED TO JULY 12. MOTION CARRIED. Council President Jaech referred to a letter from Mr. and Mrs. Kefgens of 16205 N. Meadowdale Rd., requesting to purchase some City property. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER GOULD, THAT THIS REQUEST BE RESEARCHED BY THE STAFF AND PLACED ON THE JULY 5 AGENDA. MOTION CARRIED. Council President Jaech had a request from Parks and Recreation Director Steve Simpson regarding promotion costs for fund-raising events for the fire/rescue boat, suggesting that they be funded from the Council's professional services fund in the amount of $500 - $600. COUNCILMEMBER NAUGHTEN MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, THAT SUCH COSTS BE PAID FROM THE FIREBOAT FUND WHICH THE COUNCIL ESTABLISHED. MOTION CARRIED.