Title Insurance.pdfForm WA -5 (6/76) File No.: NCS-753319-ONT1
Commitment Face Page
4
R Eiiiiun '
OCT o
DEVROPMENT' SERVICES
COUN'T'ER
COMMITMENT FOR TITLE INSURANCE
Issued by
FIRST AMERICAN TITLE INSURANCE COMPANY
First American Title Insurance Company, herein called the Company, for valuable consideration, hereby
commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the
proposed Insured named in Schedule A, as owner or mortgagor of the estate or interest covered
hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges
therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations
hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount
of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either
at the time of the issuance of the Commitment or by subsequent endorsement.
This Commitment if preliminary to the issuance of such policy or policies of title insurance and all
liability and obligations hereunder shall cease and terminate six (6) months after the effective date
hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that
the failure to issue such policy or policies is not the fault of the Company. This Commitment shall not
be valid or binding until countersigned by an authorized officer or agent.
IN WITNESS WHEREOF, the Company has caused this commitment to be signed, to become valid
when countersigned by an authorized officer or agent of the Company, all in accordance with its By -
Laws. This Commitment is effective as of the date shown in Schedule A as "Effective Date."
First American Title Insurance Company
oorl s J Gain' ofo
r sident
;" �p At4��
Jeffrey 3, Robinson
Secretary
First American Title Insurance Company
Form WA -5 (6/76)
Commitment
File No.: NCS-753319-ONTI
Page No. 1
.p1
First American Title Company
National Commercial Services
3281 E Guasti Road, Suite 440, Ontario, CA 91761
(909)510-6200 - FAX (877)461-2088
Wendy Hagen Bowen Diane Nesbit
(909)510-6225 (909)510-6200
whagen@firstam.com dnesbit@firstam.com
To: Glaser Weil File No.: NCS-753319-ONTI
10250 Constellation Blvd FI 19 Your Ref No.: 21900 Highway 99,
Edmonds, WA 98026
Los Angeles, CA 90067
Attn: Karen Ahearn
SCHEDULE A
1, Commitment Date: September 11, 2015 at 7:30 AX
2. Policy or Policies to be issued:
AMOUNT PREMIUM TAX
ALTA Standard Owner Policy $ To follow $ $
Proposed Insured:
To follow
3. The estate or interest in the land described on Page 2 herein is Fee Simple, and title thereto is
at the effective date hereof vested in:
MGP X Properties, LLC, a California limited liability company
4. The land referred to in this Commitment is described as follows:
The land referred to in this report is described in Exhibit "A" attached hereto.
FirstAmencan Title lnsnrance Company
Form WA -5 (6/76)
Commitment
EXHIBIT 'A'
LEGAL DESCRIPTION:
PARCEL ONE:
File No.: NCS-753319-ONTI
Page No. 2
LOT 1, CITY OF EDMONDS SHORT PLAT RECORDED JULY 29, 2003 UNDER RECORDING NO. 200307295008
RECORDS OF SNOHOMISH COUNTY, WASHINGTON, BEING A PORTION OF TRACTS 40, 41 AND 42, SOLNER'S
FIVE ACRE TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 7 OF PLATS, PAGE 25,
RECORDS OF SNOHOMISH COUNTY, WASHINGTON, LOTS 4 THROUGH 9, BLOCK 1 AND LOTS 6 THROUGH 11,
BLOCK 2, PINE -LAND ADDITION, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 13 OF PLATS,
P_AGE_S__ 50 AND 51, RECORDS OF SAID COUNTY, LOTS 6 THROUGH 11, WILLERS ADDITION, ACCORDING TO
THE PLAT THEREOF RECORDED IN VOLUME
, _ _m 14
. OF PLATS, PACE 1 , RECORDS OF SAID COUNTY, AND
PORTIONS OF VACATED 219TH STREET S.W. AND VACATED 218TH STREET S.W.
PARCEL TWO:
THAT PORTION OF TRACTS 40 AND 41, SOLNER'S FIVE ACRE TRACTS, ACCORDING TO THE PLAT THEREOF,
RECORDED IN VOLUME 7 OF
PLATS PAGE 25, RECORDS OF SNOHOMISH COUNTY, WASHINGTON, DESCRIBED
AS FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE NORTH LINE OF SAID TRACT 41 AND WESTERLY RIGHT
OF WAY LINE OF STATE ROAD NO. 1;
THENCE SOUTHWESTERLY ALONG THE RIGHT OF WAY LINE OF STATE ROAD NO. 1, 16.47 FEET TO POINT OF
BEGINNING;
THENCE NORTHWESTERLY AT RIGHT ANGLES TO SAID RIGHT OF WAY LINE 35.86 FEET TO A POINT OF
INTERSECTION WITH THE NORTH LINE OF TRACT 41;
CONTINUE ON SAME COURSE 23.02 FEET;
THENCE SOUTHERLY 9.77 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF SAID TRACT 41;
THENCE CONTINUE IN SAME DIRECTION 56.40 FEET;
THENCE SOUTHEASTERLY 35.53 FEET TO A POINT ON THE WESTERLY LINE OF STATE ROAD NO. 1, 61.91 FEET
SOUTHERLY OF TRUE POINT OF BEGINNING;
THENCE NORTHERLY ALONG SAID WESTERLY LINE OF STATE ROAD TO THE TRUE POINT OF BEGINNING.
First American Title Insurance Company
Form WA -5 (6/76)
Commitment
SCHEDULE B - SECTION 1
REQUIREMENTS
The following are the Requirements to be complied with:
File No.: NCS-753319-ONTI
Page No. 3
Item (A) Payment to or for the account of the Grantors or Mortgagors of the full consideration for the
estate or interest to be insured.
Item (B) Proper instrument(s) creating the estate or interest to be insured must be executed and duly
filed for record.
Item (C) Pay us the premiums, fees and charges for the policy..
Item (D) You must tell us in writing the name of anyone not referred to in this Commitment who will
get an interest in the land or who will make a loan on the land. We may then make
additional requirements or exceptions
SCHEDULE B - SECTION 2
GENERAL EXCEPTIONS
The Policy or Policies to be issued will contain Exceptions to the following unless the same are disposed
of to the satisfaction of the Company.
A. Taxes or assessments which are not shown as existing liens by the records of any taxing
authority that levies taxes or assessments on real property or by the public records.
B. Any facts, rights, interest, or claims which are not shown by the public records but which could
be ascertained by an inspection of said land or by making inquiry of person in possession thereof.
C. Easements, claims of easement or encumbrances which are not shown by the public records.
D. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts
which a correct survey would disclose, and which are not shown by public records.
E. (1) Unpatented mining claims; (2) reservations or exceptions in patents or in acts authorizing the
issuance thereof; (3) Water rights, claims or title to water; whether or not the matters excepted
under (1), (2) or (3) are shown by the public records; (4) Indian Tribal Codes or Regulations,
Indian Treaty or Aboriginal Rights, including easements or equitable servitudes.
F. Any lien, or right to a lien, for services, labor, materials or medical assistance theretofore or
hereafter furnished, imposed by law and not shown by the public records.
G Any service, installation, connection, maintenance, construction, tap or reimbursement
charges/costs for sewer, water, garbage or electricity.
K Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in
the public records or attaching subsequent to the effective date hereof but prior to the date the
proposed insured acquires of record for value the estate or interest or mortgages thereon
covered by this Commitment.
First American Tit/e Insurance Company
Form WA -5 (6/76) File No.: NCS-753319-ONTI
Commitment Page No. 4
SCHEDULE B - SECTION 2
(continued)
SPECIAL EXCEPTIONS
1. Lien of the Real Estate Excise Sales Tax and Surcharge upon any sale of said premises, if
unpaid. As of the date herein, the excise tax rate for the City of Edmonds is at 1.78%.
Levy/Area Code: 00217
For all transactions recorded on or after July 1, 2005:
• A fee of $10.00 will be charged on all exempt transactions;
• A fee of $5.00 will be charged on all taxable transactions in addition to
the excise tax due.
2. General Taxes for the year 2015.
Tax Account No.:
005807-000-040-07
Amount Billed:
$
140,828.26
Amount Paid:
$
70,414.13
Amount Due:
$
70,414.13
Assessed Land Value:
$
9,780,500.00
Assessed Improvement Value:
$
3,145,500.00
(Affects Parcel 1)
3. General Taxes for the year 2015.
Tax Account No.:
Amount Billed:
Amount Paid:
Amount Due:
Assessed Land Value:
Assessed Improvement Value:
(Affects Parcel 2)
005807-000-040-06
$ 729.48
$ 364.74
$ 364.74
$ 66,500.00
$ 0.00
4. Liability, if any, for personal property taxes pursuant to RCW 84.56.070 wherein no sale can be
made without prepayment of said tax, including advance tax. For further information, please call
the Snohomish County Treasurer's office at (425) 388-3307.
5. Easement, including terms and provisions contained therein:
Recording Information: December 9, 1949 under Recording No, 937394
In Favor of: Public Utility District No. i of Snohomish County
For: Electric transmission and distribution line
Affects: Parcel I.
6.. The terms and provisions contained in the document entitled "Declaration of Restrictive
81I„0202
Covenant” recorded July 8, 1981 as Icorit�g No of Official Records. w p r
(Affects Parcel 1)
First American Tit/e Insurance Company
Form WA -5 (6/76) File No.: NCS-753319-ONT1
Commitment Page No. 5
7. The terms and provisions contained in the document entitled "Agreement and Covenants"
recorded July 22, 1991 as Recoudilrig_No. 9107220021 of Official Records.
(Affects Parcel 1)
8,. The terms and provisions contained in the document entitled "Easement for Slopes and
Landscaping" recorded November 12, 1991 as Recording_N_o. 9111120156 of Official Records.
(Affects Parcels 1 and 2)
9. Easement, including terms and provisions contained therein:
Recording Information: February 26, 1992 under Recordinq No 9202260202
In Favor of: Public Utility District No. 1 of Snohomish County
For: Electric distribution line facilities
Affects: Parcel 1
10. Easement, including terms and provisions contained therein:
Recording Information: February 8, 1993 under Recordinq No 9302080161
In Favor of: City of Edmonds, a municipal corporation
For: Installation, construction, reconstruction, operation and
maintenance of an underground water line
Affects: Parcel 1
11. Lease made by Briar Development Company, a general partnership, lessor, to Haggen, Inc., a
Washington corporation, lessee, for a term of Undisclosed, and the covenants and conditions as
therein contained, as disclosed by Memorandum of Lease dated August 17, 1994, and
recorded August 23, 1994 as document no. 9408230213.
No rights of first refusal, rights of first offer or rights to purchase the property contained therein.
O g Recording No.
Documents declaring modifications thereof recorded December 20 2010 as
201012200101 of Official Records.
(Affects Parcel 1)
12. Easement, including terms and provisions contained therein:
Recording Information: May 5, 1997 under Recordiq No. 9705050148
...........
In Favor of: Public Utility District No. 1 of Snohomish County and GTE
Northwest, Inc.
For: Electric transmission and/or distribution line
Affects: Parcel 2
13. Easement, including terms and provisions contained therein:
Recording Information: October 2, 1997 under Recording No 10020196
In Favor of: Public Utility District No. 1 of Snohomish County and GTE
Northwest Incorporated
For: Electric distribution facilities and communication wires
Affects: Parcel 1
First American Title Insurance Company
Form WA -5 (6/76) File No.: NCS-753319-ONT1
Commitment Page No. 6
14. Restrictions, conditions, dedications, notes, easements and provisions, if any, as contained
and/or delineated on the face of the Short Plat recorded July 29, 2003 under Recording No.
2.00307295008, in Snohomish County, Washington.
...._ ---
(Affects Parcel 1)
15. Easement, including terms and provisions contained therein:
Recording Information: December 16, 2005 under 'Record-ing No,, 20051216005,
In Favor of: City of Edmonds, a municipal corporation
For: Storm conveyance pipe
Affects: Pa rcel 1
16. A document entitled "Reciprocal Easement Agreement", executed by and between Briar
Development Company LLP, Haggen, Inc. and Dick's Drive -Ins, LTD, LP recorded May 17, 2011,
as Instrument No. 201105170588 of Official Records.
(Affects Parcel 1)
17. Easement, including terms and provisions contained therein:.
Recording Information: 201108170365
In Favor of: Public Utility District No. 1 of Snohomish County and Frontier
Communication Northwest, Inc.
For: Electric distribution line facilities
Affects: That portion of the Land as shown on the Survey.
(Affects Parcel 1)
18. A document entitled "Parking Easement Agreement", executed by and between Briar
Development Company LLP, Haggen, Inc. and Dick's Drive -Ins, LTD, LP recorded October 13,
2011, as Instrument No 201110130510 of Official Records.
---------------------
(Affects Parcel 1)
19, A document entitled "Waterline Easement Agreement", executed by and between Briar
Development Company LLP, Haggen, Inc., Dick's Drive -Ins, LTD, LP and City of
Edmonds recorded October 24, 2011, as Instrument No. 201110240649 of Official Records.
(Affects Parcel 1)
20, Lease made by MGP X Properties, LLC, a California limited liability company, lessor, to Winco
Foods, LLC, a Delaware limited liability company, lessee, for a term of 20 years, and the
covenants and conditions as therein contained, as disclosed by Memorandum of Lease dated May
29, 2015, and recorded June 10, 2015 as document no 201506100613.
Said lease, among other things provides for an option to renew for a period of four 5 -year terms.
(Affects Parcels 1 and 2)
First American Tit/e Insurance Company
Form WA -5 (6/76) File No.: NCS-753319-ONT1
Commitment Page No. 7
21. Matters of extended owner/purchaser coverage which are dependent upon an inspection and_ar
ALTA stem of the property for determination of insurability.
Please submit a copy of the ALTA Survey at your earliest convenience for review. Our inspection
will be held pending our review of the ALTA Survey and the result of said inspection will be
furnished by supplemental report.
22. Evidence of the authority of the individual(s) to execute the forthcoming document for MGP X
Properties, LLC, a California limited liability company, copies of the current operating agreement
should be submitted ipri'or to clo..itg.
23. Title to vest in an incoming owner whose name is not disclosed. Such name must be furnished
to us so that a name search may be made.
24. Prior to issuance of an extended coverage policy, the Company will require an Owner's Affidavit
be completed and submitted to the Company for approval prior to closing. The Company
reserves the right to make any additional requirement as warranted.
25. Unrecorded leaseholds, if any, rights of vendors and security agreement on personal property
and rights of tenants, and secured parties to remove trade fixtures at the expiration of the term,.
FirstAlmerican Title nsirrance Company
Form WA -5 (6/76) File No.: NCS-753319-ONT1
Commitment Page No. 8
m..
INFORMATIONAL NOTES
A. Effective January 1, 1997, and pursuant to amendment of Washington State Statutes relating to
standardization of recorded documents, the following format and content requirements must be
met. Failure to comply may result in rejection of the document by the recorder.
B. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment
or policy. It is furnished solely for the purpose of assisting in locating the premises and First
American expressly disclaims any liability which may result from reliance made upon it.
C, The description can be abbreviated as suggested below if necessary to meet standardization
requirements. The full text of the description must appear in the document(s) to be insured.
Lot 1, SP, Rec. 200307'2950'0
Tracts 40-41, Solner's Five Acre Tracts, V. 7, P. 25
APN: 005807-000-040-07
APN: 005807-000-040-06
D. A fee will be charged upon the cancellation of this Commitment pursuant to the Washington
State Insurance Code and the filed Rate Schedule of the Company.
END OF SCHEDULE B
First American Title Insurance Company
Form WA -5 (6/76)
Commitment
First American Title Company
National Commercial Services
COMMITMENT
Conditions and Stipulations
File No.: NCS-753319-ONT1
Page No. 9
1. The term "mortgage" when used herein shall include deed of trust, trust deed, or other security
instrument.
2. If the proposed Insured has or acquires actual knowledge of a defect, lien, encumbrance,
adverse claim or other matter affecting the estate or interest or mortgage thereon covered by
this Commitment, other than those shown in Schedule B hereof, and shall fail to disclose such
knowledge to the Company in writing, the Company shall be relieved from liability for any loss or
damage resulting from any act or reliance hereon to the extent the Company is prejudiced by
failure to so disclose such knowledge. If the proposed Insured shall disclosure such knowledge
to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien,
encumbrance, adverse claim or other matter, the Company at its option, may amend Schedule B
of this Commitment accordingly, but such amendment shall not relieve the Company from liability
previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured
and such parties included under the definition of Insured in the form of Policy or Policies
committed for, and only for actual loss incurred in reliance hereon in undertaking in good faith
(a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B,
or (c) to acquire or create the estate or interest or mortgage thereon covered by this
Commitment. In no event shall such liability exceed the amount stated in Schedule A for the
Policy or Policies committed for and such liability is subject to the Insuring provisions, exclusion
from coverage, and the Conditions and Stipulations of the form of Policy or Policies committed for
in favor of the proposed Insured which are hereby incorporated by references, and are made a
part of this Commitment except as expressly modified herein.
4. Any claim of loss or damage, whether or not based on negligence, and which arises out of the
status of the title to the estate or interest or the lien of the Insured mortgage covered hereby or
any action asserting such claim, shall be restricted to the provisions and Conditions and
Stipulations of this Commitment.
First American Title .insurance Company
Form WA -5 (6/76)
Commitment
The First American Corporation
First American Title Company
National Commercial Services
PRIVACY POLICY
We Are Committed to Safeguarding Customer Information
File No.: NCS-753319-ONT1
Page No. 10
In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be
concerned about what we will do with such information particularly any personal or financial information. We agree that you have a right to know how
we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have
adopted this Privacy Policy to govern the use and handling of your personal information.
Applicability
This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we
have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also
adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair
Information Values, a copy of which can be found on our website at www.firstam.com.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include:
Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by
telephone or any other means;
Information about your transactions with us, our affiliated companies, or others; and,
Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not
release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as
permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such
information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of
nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers,
such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such
as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as
described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions
with whom we or our affiliated companies have joint marketing agreements.
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal
information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best
efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy
Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal
regulations to guard your nonpublic personal information.
c 2001 The First American Corporation - All Rights Reserved
First American Title Insurance Company