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Public Works Property - 2nd and DaytonEVERETT, WA$HINGTON Macaulay & Associates, Ltd. 2927 Colby Avenue, Suite 100 Everett, WA 98201 (206) 258-2611-Everett (206) 382-9711-Seattle (206) 252-1210-Fax Charles R. Macaulay, MA1 Robert J. Macaulay, MAI Jim E. Dodge Yvonne Alexander -Smith August 24, 1995 LIMITED RESTRICTED APPRAISAL REPORT Mr. Noel Miller City of Edmonds Department of Public Works 7110 2101h Street SW Edmonds, WA 98026 Paul C. Bird, CPA Richard J. DeFrancesco Christy Owens -Gibson Re: 53,100 SF of land improved with an officc/warehouse building, located on the southeast corner of 2nd Avenue S. and Dayton Street, Edmonds, WA. Dear Mr. Miller: As requested, a personal inspection has been made of the above -referenced property, together with a study of current market data, for the purpose of providing an estimate of the market value of the fee simple interest in the subject property. This report is presented in a restricted formal and is intended to comply with the reporting requirements set forth under Standards Rule 2 of the Uniform Standards of Professional Appraisal Practice (USPAP) for a restricted format report. As such, it presents minimal discussion of the data, reasoning and analyses that were used in the valuation process; supporting documentation is retained in the appraiser's file. The depth of discussion contained in this report is specific to the needs of the client and for the intended use stated herein. The appraiser is not responsible for unauthorized use of this report. Furthermore, in accordance with prior agreement. this report is the result of a limited valuation process in that certain allowable departures from specific guidelines of the Uniform Standards of Professional Appraisal Practice were invoked. The intended user of this report is warned that the reliability of the value conclusion provided may be impacted to the degree that there is departure from specific guidelines of USPAP. Based on the investigation and analyses described herein, l have formed the opinion that the market value of the fee simple interest in the subject properly, as of July 31, 1995, is concluded to be: ONE MILLION FIFTY THOUSAND DOLLARS (S1,050,000) Respectfully submitted, MACAULAY & ASSOCIATES, LTD V Paul C. Bird, CPA, Associate Appraiser WA Stale License No 210-11 UI-RD-'P-C406RZ Table of Contents Vicinity Map .............................. ............... 1 Subject Property Photographs ................................. . ..... . .......... 2 Introduction.............................................................. 5 Summary of Facts and Conclusions .............................................. 8 PlatMap................................................................ 10l Highest and Best Use ................ . .. .. ........................... 11 Property Valuation........................................................ 14 Land Value - Direct Comparison .............................................. 14 Reconciliation and Final Estimate of Value . . . .. 17 Certification ................................. 18 Assumptions and/or Limiting Conditions .............. ..... .................... 19 Qualifications ............................. 20 Engagement Letter .............................. ..... .... 22 MACAULAY & ASSOCIATES, LTD. EVERETT, WA$HINGTON Vicinity Map BROWNS BAY PL 7 FREBERI[![ �-- SNOCIYISH'� � rfj�',",,F7iRA1�h'�'.',44 9TN FL >•ra v OYFALLL'ICAK C, 1. �.� .. ■T �� 11I �� T &'� B5rN RUNa'w �• Mf17 �� f a� ^ �?, PX " R 3am 1B7 PL SN ST .mom 15fnf OL 21 iBB711 L E9r11 W iII.1nY Y n w i eS c gg s w\\\V\] R E kKE �psm !ny s 190n[ f 5V tiiERR ST ffF - e K 146TH ST 5W i RINOLLY - r [1tiANfl BIUCKETTS ASP R ST x sl •. 1 $ 1 q4$; rnvovr _ __-- i t BEACN A 1.[v r n i10° Y•� rl fl r 2001H Sl SIR 11'� �°° s.lrx Nr C rt •5 UEBPA' ici f mo o% v PA RK GLEN _ST o sl r u ❑ 0 sic- , Z. �sr A) n m BELL x.•5�Q' Ar 1 c -k- K o5T --_'L . ` g R AAIN I' a ol,�y2orT�g S7 sNMIN PL Subject rr++rev , Y � C, Z3 1 . vl u YA • .iR71�": �i A( iF � 21rnf �� r � PILDLIFE CEDAk 1A1 _ FE%PEEE �, PK4k Sl c SANCTUARY - I •avaLeC :+sl N �rt»a v a ': 17:1i ' an MEKN'iR a M4! 214Tx Pl Sw TM n L AN"'•^ 1Yi ,+ i x C hk R00Lr • . Il lil Si Arm 51 -N 1 " i[rnlr """ nssw i15IH 3 P } a< EDM7N05 N ia.l ��, .., d• W9r _ x a ' rlsl� K$ -APT BEACN n winos N !t y N _ $ $ ly 717TH ST Sil Alsry p 26 1 v'c N rl� r F R~ S1 M a' '' IY N 1 21GTN _ 91 1 u s +ypqp m 19 $ U '' 1 rf41N BELU CBOU I °' ,• a [IR 51 E ST ELH T ' 22OTH STm O MIL FIN n iTY' MACAULAY & ASSOCIATES. LTD. EVERETT. WA$HINGTON Subject Property Photographs •y.,. .�.'; •ter_ - nr. �. N ti Looking east along Dayton Street �IWP ZT-t> Looking south along 2nd Avenue S. 4 MACAULAY & ASSOCIATES, LTD. EVERETT, W.4$HINGTON Subject Property Photographs Office building, looking south across Dayton Office building and parking lot, looking east MACAULAY & ASSOCIATES, LTD. EVERETT, WA$HINGTON Subject Pivpeity Photographs Warehouse building Truck garage MACAULAY & ASSOCIATES, LTD. EVERETT. NA$HINGTON 4 Introduction Definition of an Appraisal An appraisal is an unbiased estimate of the nature, quality, value, or utility of an interest in, or aspect of, identified real estate and related personalty. Appraisal involves selective research into appropriate market areas; the assemblage of pertinent data; the application of appropriate analytical techniques; and the use of knowledge, experience and professional judgement to develop an appropriate solution to the appraisal problem. Washington State Definition of Market Value "Fair market value" is the amount in cash which a well-informed buyer willing, but not obliged to buy the property, would pay, and which a well-informed seller willing, but not obligated to sell it, would accept, taking into consideration all uses to which the property is adapted and might in reason be applied. (Washington State definition of "Fair Market Value", Washington State Department of Transportation Right -of -Way Manual, August, 1991) Purpose of the Appraisal/Appraisal Problem The 53,100 SF parcel is improved with a 3,666 SF office building, attached 9,120 SF warehouse (plus 1,320 SF second floor), 2,550 SF truck garage and concrete pump island with 576 SF canopy and 1,000- gallon and 10,000-gallon underground fuel storage tanks. The purpose of the appraisal is to estimate the market value of the fee simple interest in the subject property. Zoning is currently Public Use by the City of Edmonds, and there are no market -based sales of property with this designation; therefore, the market value estimate assumes that rezoning to BC (Community Business) or RM-1.5 (Multi -family Residential) is reasonably probable if the property were placed for sale on the open market. The city intends to remove the underground storage tanks and perform soil remediation as necessary. For purposes of this analysis, it is assumed that the property is free of soil contamination and hazardous materials. 5 MACAULAY&ASSOCIATES, LTD. EVERETT, WASHINGTON Due to the relationship between land value and market value under the current use, highest and best use of the property is to redevelop into some form of commercial or multi -family residential or mixed use. As such, the market data investigation conducted for this analysis primarily focused on land value. Intended Use of the Appraisal Because of personnel relocations, use of the buildings by the city has been significantly reduced. Public Works Department representatives intend to use the estimated market value contained herein in the event that the property is placed on the market for sale. Marketing eriod Marketing period is an estimate of the time it would take to sell an interest in real property at market value during the period immediately following the effective date of appraisal. It accounts for the anticipated time to expose the property to a pool of prospective purchasers and to allow appropriate time for negotiation, due diligence and consummation at a price supportable by current market conditions. Marketing period differs from exposure period in that exposure period is historical in nature and precedes the effective appraisal date. Based on review of comparable sales in Snohomish County, and discussions with brokers and investors knowledgeable of this property type, a reasonable marketing period for property similar to the subject is 6 months at market value. Scope of the Appraisal The following steps were taken in preparing this appraisal. (I) Inspected the exterior of the subject property on July 31, 1995. No interior inspection was made; (2) Gathered information on comparable land and improved sales, rental rates, operating expenses and overall capitalization rates; (3) Confirmed and analyzed data and applied the Income and Sales Comparison Approaches. In the Income Approach, market value was estimated utilizing direct capitalization. In the Sales Comparison Approach, market value was estimated using direct comparison of pertinent attributes. (4) Estimated current market value of the property in its current condition. 1.1 MACAULAY & ASSOCIATES, LTD. EVERETT, WA$HINGTON Per prior agreement with the client, the appraiser did not consider all information available in forming the market value estimate. The appraisal process therefore involved departure from Standards Rule 1. This restricted report is a brief recapitulation of the appraiser's data, analyses and conclusions. Supporting documentation is retained in the appraiser's file. Date of Valuation July 31, 1995 Date of Report August 24, 1995 Legal Description The property is briefly described as a portion of the Southeast Quarter of Section 23, Township 27 North, Range 3 East, W.M., Snohomish County, WA. It is that portion of Snohomish County Tax Parcel No. 232703-4-091-0001 east of 2nd Avenue S. in the City of Edmonds. Five -Year Ownership History No sales have taken place in the last five years. The owner reports that the property is not listed for sale nor is it under purchase and sale agreement. MACAULAY & ASSOCIATES, LTD. EVERETT, WA$HINGTON 7 Summary of Facts and Conclusions Ostensible Ownei- City of Edmonds Pmyedy L.oca(ion: Mailing address is 200 Dayton Street, Edmonds, Washington, 98020. The property is on the southeast corner of 2nd Avenue S. and Dayton Street, one block east of Edmonds Way (State Route 104) in downtown Edmonds. A wastewater treatment plant is to the west, commercial and residential uses are to the north and east and multi -family residential uses are to the south. At the second story level of the building, there are good westerly water and mountain views. Although visually attractive, the wastewater treatment plant across the street to the west is an adverse influence. Land Anea/Size: Based on review of Kroll Company maps, total land area of the generally level, rectangular shaped site is 53,100 SF (1.22 acres), with 180' of frontage on Dayton Street and 295' on 2nd Avenue S. Site lniymyenients: According to county records, there are 19,460 SF of asphalt -surfaced parking area, 625 lineal feet of chain link fencing, minimal landscaping, concrete island with 576 SF metal canopy and 1,000-gallon and 10,000- gallon underground fuel storage tanks. The owner intends to remove the underground tanks, and it is assumed that there is no measurable soil contamination or presence of other hazardous materials. Building Improvements: (1) Average quality 3,666 SF office building of metal frame construction, built in 1967 and in average condition. The exterior is prefabricated metal and brick veneer. The interior is average quality office space with electric forced air heating. (2) Attached to the office is a 9,120 SF metal warehouse with metal - clad siding and roof, also built in 1967. Wall height is 16' and there is an additional 1,320 SF on the second floor. (3) 2,550 SF truck garage of metal construction prefabricated metal on the exterior (three walls), built in 1974 and in average condition. Date of Inspection: July 31, 1995 Lend Use Rep-ulations_: Zoning is Public Use by the City of Edmonds. Zoning of surrounding properties is BC (Community Business) to the north and RM-1.5 (Multi -family Residential) to the south and east. Because there are no market -based sales of Public Use -zoned property, it is assumed that rezoning to BC (Community Business) or RM-1.5 8 MACAULAY & ASSOCIATES, LTD. EVERETT, WA$HINGTON (Multi -family Residential) is reasonably probable if the property were placed for sale on the open market. Highest tnd Best Use: As iwcanl - Market value of the property in its current use is significantly less than current land value for more intensive use, indicating that the existing improvements contribute minimal or no value to the land. The subject property is therefore appraised as if vacant. Highest and best use of the site is for some form of commercial, multi -family residential or mixed use. Date of Re roll: August 24, 1995 Date of V,-iluatiou: July 31, 1995 Final Estimate of V,-due: 53,100 SF site @ $20.00/SF $1,062,000 (R) $1,050,000 6 MACAULAY & ASSOCIATES, LTD. EVERETT, WASHINGTON Plat Map O Cr v7 E.Cor. Gov. Lot 3 1-059 4 -090 DAYTON CITY OF EDMONDS r I 1s�',Indai 4 SEWAGE 210 3,d y TREATMENT PLANT A-o97 4-091 ✓sI.SPER SUN"N- (6505) Et 4 (iO ' oo J O d' b2 , a Is /o+ S 03 r i Jo C o+ s r pL B t 3 O1 d7n+ 4-051 4-04d dL _ 4 4-�41 '� - �4-052` '4 G4) - - • oS7 4 4L - - - - - -- c 4-o3B 4-053 4-c4G` 4? 4-039" 9-05q-p 4 9 0q4 U�V �p L4 O a 4-L4.5 4-o90 ST. � d 070 �` 4 I a •c57 - - - - L _ 4-o7/ _ - - 4 c 77 I 14•047 4-072 4-059 1 - y - — F. 4-oao f---- 4-o79 1073 q-O&F 4-062 j 4-07& HARBOR - GATE `D q - /z 6 -. - 24�-41 (Condol � �T �a 4 -//7 4.12 7 ALDER ST. T suvsEr d (78) Ci�n nirm 4/ 2 o 4 118 - - — — - — I b on 5 MAYFIE 4-I45 �-Itv ni � /O Q1 6- 4-)z1 ' q- o 9 7 4to m (6796) cater&Nffl 4 -130 9 b 41 7 325 3rd 4-/ 4 L !e1/71 4-131 ` - ^ T (Condo) PC., 4-157 1 4-09a (81191 q-112 4-137 4-111 4 099 �y U� IyCIT WIN 4_ilB 4 -1z3 7I 4-147 4-10 0 I,� (7195) I - - - WALNUT ST. 4-l01 4-111 1 01 01 -IJ [4 4-103 I 4-/p2 4-//L� 4439 q /98 q/l4 _ 0 4-1 o4 NOTE: RAM., ✓u/y, '73 This is not a survey, it is a parcel map used for location of property only MACAULAY & ASSOCIATES, LTD. EVERETT. WA$HINGTON 10 Flighest and Best Use Highest and best use is the most fundamental premise upon which estimations of market value are based. According to "The Appraisal of Real Estate", (Tenth Edition, 1992), highest and best use is defined as: "The reasonably probable legal use of vacant land or an improved properly, which is physically possible, approprialely supported, financially feasible, and That results in the highest value." Highest and best use analysis is a highly relevant consideration in the appraisal process. This analysis forms the basis upon which property is appraised, whether it is vacant land or land plus existing improvements. To this end, it is necessary to do two tests: 1) Highest and best use of land as though vacant, and 2) Highest and best use of the property as improved. The primary reason for estimating the highest and best use of land as though vacant is to estimate land value. If there is an existing improvement on the site, the land is viewed as though vacant. A conclusion is then reached as to what use creates the highest residual to the land or the highest land value. It is then possible to identify comparable sales of vacant land. Highest and best use of property as improved considers the existing improvements and estimates whether they represent the maximally productive use or create the highest market value. If not, a decision must be made as to whether the improvements should be expanded, renovated, converted or razed to make way for that use which produces the highest return to an investor. Improved properties comparable to the subject which have sold can then be identified and used in the valuation process. Legally Permissible Zoning is Public Use by the City of Edmonds, and zoning of surrounding parcels is BC (Community Business) or RM-1.5 (Multi -family Residential). The RM-1.5 zone permits one dwelling for every 1,500 SF of land area, or 29 units per acre Based on discussions with city officials, it is reasonably probable that the property can be rezoned to BC or RM-1.5 in the event that it were placed for sale on the open market. The BC zone allows mixed commercial and multi -family uses, as evidenced by projects such as Third Avenue Plaza, Mariner Square and Harbor Plaza. MACAULAY & ASSOCIATES, LTD. EVERETT, WA$HINGTON Physically Possible The site is generally level and at street grade. Drainage is adequate and all utilities are available. Soils have sufficient bearing capacity for building construction. In short, there are no constraints which would inhibit new construction. The site has 180' of frontage on Dayton Street and 295' on 2nd Avenue S. There are good westerly sound and mountain views beginning at the second -story level. Financials Feasible The subject property is reasonably well located on the southeast corner of 2nd Avenue S. and Dayton Street. Location next to a wastewater treatment plant is an adverse influence, although not enough to discourage development or to have a significant detrimental effect on market value. As evidence, the wastewater treatment facility in the Alki Beach area of West Seattle (on Beach Drive) has not adversely impacted values of nearby properties. Market conditions for office space are strengthening, partially due to the city's purchase of Edmonds Financial Center. The market for retail and restaurant property is stable and, although there are no other retail establishments in the vicinity, these uses are viable for a site of this size. Condominium sales have fallen off in 1995, especially in the high -end market. Units in the $160,000 to $250,000 price range are experiencing the best results, selling at a similar pace as in 1993 and 1994 (23 to 24 units per year, within a one mile radius of the subject site). Considering those uses which are legally and physically possible, several are financially feasible; retail, office, multi -family residential or some form of mixed use. Maximally Productive In the following discussion, raw land value is compared to market value of the existing improvements. The higher value is an indication of highest and best use. Below is an analysis of the existing improvements and their resulting market value estimate. MACAULAY & ASSOCIATES, LTD. EVERETT. WA$HINGTON 12 � Ciljli ,'lIF Office space - 3,666 SF L $13-0ti/SF $47,658 Warehouse space - 9,120 SF a) $0.45/SF $49,248 Truck garage - 2,550 SF tr $0.20/SF $6,120 Potential gross income $103,026 Less: Vacancy/credit allowance a 5.0% $5,151 Effective gross income $97,875 ageincill rce %d! 4.0% of EGI $0.26 $3,915 ;e operating expenses tin, $4.00/SF $0.96 $14,664 aural maintenance $0.20 $3,067 1 operating expenses $1.41 $21,646 operating income $76,229 rail rate 9.50"/o mated Market Value by the Income Approach $802,405 (R) $800,000 In comparison, land value of the site, based on review of comparable sales, is estimated at $1,050,000. Because the land in its raw state provides a higher value than the existing improvements, the subject site is appraised as vacant land. The existing improvements are considered an interim use, where income derived from rents can be used to offset demolition costs. In light of current market conditions, together with corner location, proximity to the downtown core and other factors, it is concluded that highest and best use of the site is for removal of the existing improvements and developing some form of office, retail, multi -family residential or mixed use. 13 MACAULAY & ASSOCIATES, LTD. EVERETT, WASHINGTON Property Valuation The value of the subject property is estimated by relating the basic economic, environmental, governmental, and social forces to the subject property, with particular emphasis on the interaction of supply and demand as analyzed in the marketplace. Three basic approaches to valuation are typically utilized to derive estimates of the subject property's value when market data is available to provide a reliable indication of value by each approach. These are the Cost, Income and Sales Comparison Approaches. All three approaches are typically used for valuing improved properties when reliable market data is available. Because the subject property is essentially unimproved (see prior section) and does not typically sell on the basis of its ability to generate income, the Cost and Income Approaches are not utilized herein. Lwid Valise - Direct Coninadson To estimate the most probable market value of the subject excess land, as if vacant, direct comparison is made with sales of property having similar characteristics. This direct comparison approach is based on the principle that a prudent purchaser/investor would pay no more for a given property than the cost of acquiring an alternative property with the same utility. The first adjustment is for cash equivalency, that is, to adjust the sale price for terms of the sale (i.e. real estate contract, assumption of existing loan or secondary financing etc.), to the cash equivalent. The comparable sale prices (per unit of comparison) are adjusted for differences from the subject property for factors such as increasing or decreasing value trends since the date of sale, location, zoning, and physical characteristics. Each adjusted sale price represents an indication of the market value of the subject property. The comparative weight accorded each transaction in arriving at a final value conclusion for the subject property is based on reliability of the data and similarity of the sale property to the subject property. Adjustments to the sale price for time of sale reflect the value trend occurring between the date of sale and date of valuation of the subject property. Based on paired sales analysis, commercial land in downtown Edmonds has appreciated at a rate of 0.4% per month over the last four years. This is 14 MACAULAY & ASSOCIATES, LTD. EVERETT. WA$HINGTON evidenced by Land Sale No. I, which sold in June 1990 for $400,000 and again in April 1994 for $475,000. Adjustments for location include such factors as relative development trends, intensity of use, locational amenities and character of surrounding properties. Adjustments made for zoning relate to the difference in allowable intensity of use for the land, if supported by demand. Adjustments for physical characteristics include such factors as usable land area, topography, size, land configuration, access, ratio of street frontage to depth, soil characteristics, available utilities and existing older depreciated improvements which may have been located on the land at the time of sale. Below is a summary and discussion of the land sales used in this analysis. Land Sales Tabulation .... - :. . Sale Sa■,c s•tcc #I 1,i1C ltIl1IS I)a(e 7t�«iii = Price (SF) 5F Subj. Southeast corner of Dayton N/A Public N/A 53,100 N/A Street & 2nd Avenue S.. Use Edmonds I Northwest corner of Main Apr-94 BC $475.000 14.400 $32.99 Street & 2nd Avenue N., Edmonds 2 West side of 3rd Avenue S.. Aug-93 BC $325,000 12,480 $26.04 between Main & Jamcs Streets, Edmonds 3 Northwest corner of Dayton Oct-91 BC $305,000 16.500 $18.48 Sheet & 6th Avenue S.. Edmonds 4 613-617 5th Avenue S.. Nov-94 RM-1.5 $325.000 14.040 $23.15 Edmonds (1) 5 232 4lh Avenue S.. Jan 94 RM-1.5 $400.000 20,908 $19.13 Edmonds 6 705 5th Avenue S., Jul-93 RM-1.5 $350.000 10.019 $34.93 Edmonds (2) (1) Document price of $425.000 less $100,000 contributory value of improvements. (2) Document price of $400,000 less value of plans and permits. 15 MACAULAY & ASSOCIATES, LTD. EVERETT, WA$HINGTON Land Value Summary and Conclusion In addition to the above transactions, there is a pending sale on a 76,750 SF tract on the northwest corner of 2nd Avenue S. and Dayton Street. Closing is scheduled for October 16, 1995. According to the seller, the purchase price of the land is $25.00/SF, with no value given to the 14,500 SF warehouse structure. The buyers will furnish 34 parking spaces on the site to the seller for the seller's adjoining building (which is not included in the sale). The buyer intends to construct a three-story office building, and is able to do so without a variance from the city. Downward adjustments are made for superior commercial exposure and ability to construct a three-story structure. As shown in the above tabulation, the comparable sale prices range from $19.13 to $32.99/SF. Most emphasis is placed on Sale Nos. I and 3 due to corner influence. Tile remaining sales are given secondary consideration but are also reasonable indicators of value. After adjustments for date of sale, size, location and other pertinent characteristics, market value of the subject land is concluded to be $20.00/SF, as follows. Estimated land value - 53,100 SF @ $20.00/SF $1,062,000 (R) $1,050,000 16 MACAULAY & ASSOCIATES. LTD. EVERETT. WA$HINGTON Reconciliation and Final Estimate of Value In developing the land valuation estimate, the appraiser utilized all pertinent market data available. Using appraisal techniques best suited to the data presented and placing greater weight on the most reliable data (i.e. that which has greatest similarity to the subject property), the probable market value range of the subject land is resolved into a conclusion of most probable market value. Because the subject property is viewed as unimproved land (nominal contribution of existing improvements), market value is estimated by direct comparison with recent sales of similar unimproved property. After consideration of all pertinent elements reasonably affecting value, the most probable market value of the subject land, as of July 31, 1995 for this appraisal dated August 24, 1995, is concluded to be: ONE MILLION FIFTY THOUSAND DOLLARS ($1,050,000) 17 MACAULAY & ASSOCIATES, LTD. EVERETT. WA$HINGTON Certification I, the undersigned appraiser, do hereby certify that, except as otherwise noted in this report: 1. Exterior inspection was made on July 31, 1995. 2. I certify that, to the best of my knowledge and belief, the statements of fact contained in the report are true and correct. 3. I further certify that the reported analyses, opinions and conclusions are limited only by the reported qualifying conditions and are my personal unbiased, professional analyses, opinions and conclusions. No one provided significant assistance to me in the preparation of this report. 4. I further certify that I have no specified present or prospective interest in the subject property and I have no personal interest or bias with respect to the properties involved. My compensation is not contingent on any action or event resulting from the analyses, opinions or conclusions in, or the use of, this report. 5 The assignment was not based on a requested minimum valuation, a specific valuation, or the approval of a loan. 6 The analyses, opinions and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics of the Appraisal Institute and the Uniform Standards of Professional Appraisal Practice of the Appraisal Foundation. 7. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. 8. I do not authorize the out -of -context quoting from or partial reprinting of this report. 9. Further, neither all nor any part of this report shall be disseminated to the general public by use of the media for public communication, without the prior written consent of the appraiser signing this report. Respectfully submitted, MACAULAY & ASSOCIATES, LTD. Paul C. Bird, CPA, Associate Appraiser WA State License No 270-11 131-RI)-*1'-('406RZ MACAULAY & ASSOCIATES- LTD EVERETT, WA$HINGTON 18 Assumptions and/or Limiting Conditions 1. As agreed upon with the client prior to the preparation of this report, this is a limited appraisal because it invokes the Departure Provision of the Uniform Standards of Professional Appraisal Practice. As such, some information pertinent to the appraisal has not been considered and the full valuation process has not been applied. Depending on the type and degree of limitations, the reliability of the value conclusion herein may be reduced. 2. This report is presented in a restricted format which is intended to comply with the reporting requirements set forth under Standards Rule 2 of the Uniform Standards of Professional Appraisal Practice. It does not include discussions of the data, reasoning and analyses that were used in the valuation process to develop an opinion of use value. Supporting documentation is retained in the appraiser's files. The depth of discussion contained in this report is specific to the client and for the intended use stated herein. The appraiser is not responsible for unauthorized use of this report. 3. That the title to the property appraised in this report is good in that no liability is assumed on account of matters of legal character affecting the property such as title defect, encroachments, liens, or overlapping property lines, etc. 4. That the report is to be used only in its entirety. Distribution of the total value estimate between land and improvements applies only under the proposed conditions of utilization and reflects their estimated contribution to the overall value of the property. 5. That there are no hidden or unapparent conditions of the property subsoil or structures which would render it more or less valuable. No responsibility is assumed for such conditions, including hazardous waste or asbestos materials, or for engineering and other investigations which might be required to discover such conditions. 6. Any information in this report furnished by others is believed to be reliable; however, the appraiser assumes no responsibility for its accuracy. 7. The omission or change of any part of this report without the written authorization of the appraiser invalidates the entire report. 8. No requirements shall be made of the appraiser for testifying or attending in court by reason of this report with reference to the property in question. 9. Rezoning from Public Use to BC (Community Business) or RM-1.5 (Multi -family Residential) is reasonably probable in the event the property is placed for sale on the open market. 19 MACAULAY & ASSOCIATES. LTD. EVERETT. WA$HINGTON PA U L CHA RLES B IRD, CPA ASSOCIATE APPRAISER EDUCATION 1984 ` B.A. Business and Accounting, University of Washington 1986-1995 Obtained CPA designation in 1986; 40 hours of continuing education per year (including four hours per year of accounting and auditing) At lmaisa! Instifule Cowscs 1987 Basic Income Capitalization (Course 310) 1988 ` Advanced Income Capitalization (Course 420) 1990 1 Advanced Applications (Course 550) 1992 Standards of Professional Practice: Part A (Course 410) ` An Introduction to Appraising Real Property (Course 101) 1993 Report Writing (Course 540) Standards of Professional Practice: Part B (Course 410) 1994 1 Seminar - Understanding Limited Appraisals EXPERIENCE May 1991 to present - Macaulay & Associates, Ltd., Everett, WA Appraisal assignments have included commercial, industrial and residential properties such as office buildings, community and strip retail shopping centers, grocery stores, restaurants, retail buildings, multi -family residential complexes, trailer- parks, mobile home parks, condominiums, industrial warehouses, automotive repair, service stations, automobile dealerships, medical offices, residential subdivisions, hotels/motels, wetlands, tidelands and special purpose properties. Many assignments have involved appraisal of problem assets for banks. Local Improvement District (LID) special benefit study experience includes Lake Stevens ULID No. 7 Sewer Interceptor project for the Lake Stevens Sewer District (1993), Holmes Harbor LID No. 3 involving construction of a sewage treatment plant and extension of sewer lines for the Holmes Harbor Water District on Whidbey Island (1993) and City of Bellevue LID No. 277 involving widening of NE 4th Street (1995). Ongoing projects include special benefit studies for the City of Bothell 1-5/NE 195th Street interchange LID, City of Lynnwood I-5/196th Street SW LID project and City of Issaquah Newport Way LID. These studies involved a variety of commercial, industrial, residential and special purpose properties. Other valuation assignments have covered right-of-way acquisition appraisal, rental valuations and real estate counseling with private individuals. 20 MACAULAY & ASSOCIATES, LTD. EVERETT. WA$HINGTON EXPERIENCE (continued) Febivaiy 1987 to May 1991 - Washington Mutual Savings Bank, Seattle, WA Commercial Real Estate Division, Portfolio Management - Managed a department of five professionals, inspected and evaluated commercial properties in the bank's portfolio, liaised with regulators and auditors, participated in merger and acquisition due diligence, performed review appraisal, appraised problem assets (using primarily the Income and Direct Sales Comparison approaches), performed discounted cash flow analyses using PRO-JECT and Lotus spreadsheets, analyzed borrower credit and conducted special projects for senior management. June 1984 to Febmaiy 1987 - Washington Mutual Savings Bank, Seattle, WA Internal Auditor - Performed operational and financial audits of various departments and subsidiaries within the bank. BUSINESS AND PROFESSIONAL AFFILIATIONS Appraiser, Macaulay & Associates, Ltd., Real Estate Appraisers and Consultants Certified General Real Estate Appraiser - State of Washington, (No. 270-11 BI-RD-*P-C406RZ) Certified Public Accountant, continuing education completed Candidate for the MAI designation of the Appraisal Institute APPRAISAL CLIENTS SERVED AEGON USA Realty Advisors General Services Administration American First National Bank Holmes Harbor Water District Burlington Northern Railroad Housing Authority of Island County Cascade Savings Bank Housing Authority of Snohomish County City of Arlington Interwest Savings Bank City of Bellevue Lake Stevens School District City of Bothell Lake Stevens Sewer District City of Edmonds Northwest Life Assurance Company of Canada City of Everett Port of Everett City of Issaquah Seafirst National Bank City of Lynnwood Seattle Funding Group City of Stanwood State of Washington Department of the U.S. Navy Tulalip Tribes of Washington Everett Mutual Savings Bank U.S. Army Corps of Engineers Farmer's Bank of China U.S. Postal Service First Heritage Bank U.S. Bancorp First Interstate Bank of Washington Washington Mutual Savings Bank Frontier Bank Whidbey Island Bank 21 MACAULAY & ASSOCIATES, LTD. EVERETT, WA$HINGTON II V-1 IULI II — 1"IJJVI-. a LIL. IU t 44l uY ( H . jlaC Macaulay & Associates, Ltd. 2927 Colby Avenue, Suite 100 Everett, WA 98201 (206) 258-2611-Everett (206) 382-9711-Seattle (206) 252-1210-Fax Charles R. Macaulay, MAI Robert J. Macaulay, MAI Jim E. Dodge Yvonne Alexander -Smith July 19, 1995 Mr. Noel Miller City of Edmonds Department of Public Works 7110 210th Street SW Edmonds, WA 98026 Paul C. Bird, CPA Richard J. DeFrancesco Christy Owens -Gibson RE: Land and office/shop building located on the southeast corner of 2nd Avenue S. and Dayton Street, Edmonds, WA, Dear Mr. Miller: This letter is to confirm our telephone conversation of July 18, 1995 and serve as our authorization to proceed with the appraisal assignment of the above -referenced property. The purpose of the appraisal is to estimate the market value of the fee simple interest in the subject property. The appraisal will be developed and prepared in accordance with, and subject to, the requirements of the Code of Professional Ethics of the Appraisal Institute and the Uniform Standards of Professional Appraisal Practice of the Appraisal Foundation (USPAP). As requested, the appraisal will involve a limited valuation process in that certain allowable departures from USPAP will be invoked. Furthermore, the report will be prepared in a restricted format. A restricted report presents minimal discussions of the data, reasoning and analyses used in the valuation process; supporting documentation is retained in the appraiser's file. Our proposed fee of $1,000 is based on the estimated time and expense required to complete the assignment, together with consideration of complexity of the assignment and the responsibility involved. The estimated time to completion, upon receiving your authorization to proceed, is August 4, 1995. We normally provide the client two (2) copies of the finished product. If you desire additional copies, please so indicate in the space provided and our office coordinator will get in touch with you to provide the current charges for each additional copy. Work will commence upon your approval to proceed; please sign and return the enclosed copy of this letter. We're looking forward to assisting you in this matter and, if you have any questions, please feel free to call. Sincerely, MACAULAY & AS OCIATES, LTD. Paul C. Bird, CPA, Associate Appraiser WA Stale License No. 270-11 B1-R1)-1P•C406RZ -7- v Authorization Date Total Number of Copies Desired: 2 TOTAL P.02 22 CITY OF EDMONDS CIVIC CENTER • EDMONDS, WA 98020 • (206) 775-2525 a p) - 8 g 0 1 9 April 11, 1994 Linda Hjelle Segregations Dept. Snohomish County Assessor's Office 3000 Rockefeller MS-510 Everett, WA 98201-4056 Dear Ms. Hjelle: LAURA M. HALL MAYOR It is my understanding that the former Alice Wolfe property located at 7114 212th Street S.W. in Edmonds has not been removed from the tax rolls. This property was acquired by the City of Edmonds by Stipulation and Agreed Judgment and Decree of Appropriation No. 90-2-01698-4. Enclosed is a copy of the Judgment for your information. If you need any additional information, please contact me at 771-0245. Sincerely, _v honda J. Larch Edmonds City Clerk c: Rebecca Young, Co. Treasurer's Office Incorporated August 11, 1890 IR (TiDEN QPIHiy Q l �, 7 1�3a LACEE ATTORNEYS AT LAW MEMORANDUM OF TRANSMITTAL DATE: October 16, 1990 TO: Peter Hahn City of Edmonds RE: City of Edmonds v. Wolfe, et al ENCLOSED: Enclosed you will find the receipt for the payment of the monies into the Registry of the Court on the above -noted case, together with a copy of the Stipulation and Agreed Judgment and Decree of Appropriation. This Stipulation and Agreed Judgment and Decree of Appropriation and receipt should be made a permanent part of the City's records. JDWnaa cc: Jackie Parrett, City Clerk cc: Bobby Mills OGDEN MURPHY WALLACE BY John D— n7c-illace ❑ Seattle Office. 2100 Westlake Center Tower, 1601 Fifth Avenue, Seattle, WA 98101-1686, (206) 447-7000, FAX (206) 447-0215 0 Wenatchee Office: 1 South Chelan Street, P.O. Box 1606, Wenatchee, WA 98807, (509) 662-1954, FAX (509) 663-1553 WAA nt�rlC�.._ TTrni - - -r: .r _ _ACC 1 _j I�=I : EIS T : SL VT --- • hii _: `ej� --- _�. Y. }Y:' _ •• •R{ [ r 14Ey i0'"t r--�!Y._ I.3f EI •i�T r 0 ti - µ:se. - •':�ti^ .v - - .. S�i_i l•� JLI—`� 1 si7F1 _ ✓1"iL`� ' _ — F` ccDtrAk,IT 1 fr• _ _ T' ST IRT a ta: nC nMr!t.=rer +.?t=. '{.fi='+l�; CSC`• !=1� : ~•:. ._ .� .. TOTPL ---------- i�. .-r Kwi�frJ,+�' �•;: , 1••r INIC UE- j_:lti.i_L- iz�iL -- 1 2 3 4, 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 _-CURTESY _Copy ,T 'f7 F�l I:AY D. ANDERSON COUNTY rrCLER11K IN THE SUPERIOR COURT OF THE STATE 0jSjVXWfljjnn0N1ASN_ IN AND FOR THE COUNTY OF SNOHOMISH IN THE MATTER OF THE PETITION OF ) THE CITY OF EDMONDS, WASHINGTON, ) TO ACQUIRE BY CONDEMNATION ) REAL PROPERTY FOR PUBLIC USE ) AS AUTHORIZED BY ORDINANCE NO. ) 2761 OF SAID CITY, ) Petitioner, ) V. ) ALFRED T. WOLFE and ALICE L. ) WOLFE, husband and wife, and ) the marital community composed ) thereof; unknown others and all ) other persons or parties known ) or unknown or unknown heirs ) claiming any rights, title, ) estate, lien or interest in the ) real estate described herein, ) ) Respondents. ) 3 NO. 90-2-01698-4 STIPULATION AND AGREED JUDGMENT AND DECREE OF APPROPRIATION (CLERK'S ACTION REQUIRED) 'SACTION. The Clerk is directed to establish a Judgment against the City of Edmonds, and in favor of the below stated respondent in the amount of $116,000 as just compensation for the property and property rights appropriated in this action, and, upon payment of the sum of $116,000 by the City of Edmonds into the registry of the Court, of which $88,015 has as of the date of this Stipulation already been paid into the Court, leaving a balance of $27,985 which must now be paid into the registry of the Court, to satisfy said judgment and hold said sum of money for Stipulation/Agreed Judgment/Decree of LAW OFFICES OF DEN` Appropriation TDWO0962P/0006-.050.120 - 1 2100W..14k.C.n1.rT.�..r Y r��l�t� r I601 Fifth M.m. 'lJl � �1/ W..6i.St— 96101-1666 E (206) 447-7000 / FAX (206) 447.0215 1 distribution among the respondent and other persons claiming an 2 - interest in said real property as shall be directed by further 3 order of the Court. 4 I. STIPULATION s IT IS HEREBY STIPULATED AND REPRESENTED by respondent that 6 Alice L. Wolfe owns the subject property free and clear as her 7 separate property. It is represented that Alfred T. Wolfe, 8 husband of Alice L. Wolfe, passed away on October 23, 1978. 9 IT IS FURTHER REPRESENTED by Alice L. Wolfe that Alfred T. 10 Wolfe and Alice L. Wolfe had entered into a community property 11 agreement executed on August 26, 1967, which agreement was not 12 revoked or modified prior to the death of Alfred T. Wolfe. 13 Alice L. Wolfe further represents that said community 14 property agreement was recorded under Snohomish County Recording No. 1984789 and that Alice L. Wolfe is the sole owner of the real is 16 property that is the subject matter of this lawsuit, which 17 property is free of any and all encumbrances or liens. 18 IT IS HEREBY STIPULATED AND AGREED TO by and between the 19 respondent/owner, Alice L. Wolfe, and the City of Edmonds, 20 Washington, an optional municipal code city, by and through their 21 undersigned attorneys of record, that a judgment and decree of 22 appropriation in favor of the City of Edmonds may be entered 23 confirming fee title in the City of Edmonds for the real property 24 located at 7114 - 210th Street S. W., Edmonds, Snohomish County, 25 Washington, legally described as follows: The west 104 feet of the east 208 feet of Lots 9 and 26 10, Block 6, Seattle Heights Division No. 4, records Stipulation/Agreed Judgment/Decree of LAW OFFICES OF �LDENAppropriation JDWO0962P/0006.050.120 - 2 2100 801FJh."....o�or B..tt1. W..6i.e(a99101.1 sea rLr(206) 447-7000/ FAX (206) 4:7-0215y 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 of Snohomish County, Washington, all situate in the City of Edmonds, Snohomish County, Washington. IT IS HEREBY FURTHER STIPULATED that a judgment and decree of appropriation in the form subjoined shall be entered in favor of the Petitioner, the City of Edmonds, and against the respondent and all other persons otherwise indicated in the petition as having an interest in the property which is the subject of this action, as follows: 1. The Petitioner, the City of Edmonds, an optional j municipal code city, shall be ordered to pay into the registry of the Court for the benefit of the above -named respondent and all other persons or parties having an interest in the property described herein, the total sum of $116,000, $88,015 of which has already been paid into the registry of the Court, leaving a balance of $27,985 to be paid as just compensation for fee title to the real property described herein. Said compensation is in full and complete payment of any claims of taking or damage to respondent's property, including all costs of this action and including, but not limited to, appraisal and attorney fees. 2. That immediately upon payment into the registry of the Court of the additional amount of $27,985, the City of Edmonds shall be and become the owner of the lands, real estate, premises and appurtenances of the property and property rights sought to be appropriated herein. 3. Each party herein shall pay their own fees and costs. IT IS HEREBY FURTHER STIPULATED by and between the Stipulation/Agreed Judgment/Decree of LAW OFFICES OF DEN Appropriation TDWO0962P/0006.050.120 - 3 110UW..l4ifthAvCat",7ow.. r {Y j)HY 160i Fifth Arenu. VLI.�'"7, &.W., W..Nn,w.YB101.1686 (204) 447-7000 / FAX: (206) 447-021E 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Iundersigned parties that the Court may enter the judgment and decree of appropriation subjoined hereinafter. DATED this �- day of September, 1990. OGDEN MURPHY WALLACE By: -!:). John DV Wallace, attorneys for Petitioner City of Edmonds HUTCHISON & FOSTER By: R.Scott Hutchison, attorneys for Respondent Alice L. Wolfe II. JUDGMENT AND DECREE OF APPROPRIATION THIS MATTER having come on regularly for hearing before the undersigned Judge/Court Commissioner of the above -entitled Court, and it appearing that the petitioner and the respondent -owner of the property and property rights sought to be appropriated by the City of Edmonds herein, have, by and through the respective attorneys of record on behalf of herself and other persons claiming an interest in said property, reached an agreement in all respects, and the Court having considered the written stipulation filed herein concerning the lands, real estate, premises and other, property sought to be appropriated and used by the City of Edmonds, the petitioner herein, for a public works building site and related improvements, and having found therefrom that the just compensation including the value of the real property and property rights appropriated resulting to all persons and parties interested herein by reason of such appropriation of lands, real Stipulation/Agreed Judgment/Decree of lAwoPPICE90P DEk V Appropriation JDW00962P/0006.050.120 - 4 =10060;`�;hA;-. AUk��++� S..W., W..Ain4tm08101-1664 (206) 447-70001 FAX (206) 447.0216 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 estate, premises and - other property rights herein described, and including the respondent's costs, are, in accordance with the findings of the Court, in the total sum of $116,000, $88,015 of which has been paid into the registry of the Court, leaving a balance to be paid of $27,985, is in full and complete payment for the property legally described as follows: The west 104 feet of the east 208 feet of Lots 9 and 10, Block 6, Seattle Heights Division No. 4, records of Snohomish County, Washington, all situate in the City of Edmonds, Snohomish County, Washington, and The Court further being advised in the premises that Alfred T. Wolfe passed away on October 23, 1978, leaving a community property agreement valid and in effect as of the date of his death, which community property agreement was recorded under Snohomish County Recording No. 1984789, and the Court finding that Alice L. Wolfe is record owner of said property, NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that compensation be made in money in the total sum of $116,000, $88,015 of which has already been paid into the registry of the Court, leaving a balance owing of $27,985 as just compensation to all owners, encumbrancers and all other persons interested in the appropriation and use by the petitioner, the City of Edmonds, of fee title to that certain real property legally described as follows: The west 104 feet of the east 208 feet of Lots 9 and 10, Block 6, Seattle Heights Division No. 4, records of 'Snohomish County, Washington, all situate in the City of Edmonds, Snohomish County, Washington, Stipulation/Agreed Judgment/Decree of LAW OFFICES OF DEN Appropriation JDW00962P/0006.050.120 - 5 51006UIFJAA.nu.ower UkPHY S..u1.. W";&I" 9B101.1666 (206) 417-7000/ FAK(2061 417.0215 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 and it is further ORDERED, ADJUDGED AND DECREED that upon payment into the registry of the Court of the additional sum of $27,985, with respect to the property and property rights appropriated herein, the petitioner, the City of Edmonds, shall be and become the owner in fee title of the lands, real estate, premises and appurtenances of the real property legally described as follows: The west 104 feet of the east 208 feet of Lots 9 and 10, Block 6, Seattle Heights Division No. 4, records of Snohomish County, Washington, all situate in the City of Edmonds, Snohomish County, Washington, and shall be entitled to enter into possession thereof and to take, hold, own and at all times thereafter use and possess the same according to its title, and that such payment shall be full and just compensation for the taking, condemnation and appropriation and use of the same, and it is further ORDERED, ADJUDGED AND DECREED that on payment, award and judgment herein into the registry of the Court in this cause of the additional sum of $27,985, the Clerk of the Court be, and the Clerk hereby is, directed and ordered to satisfy said judgment and to hold said money for distribution among the respondents and other persons claiming an interest in said real property as shall be directed by further order of the Court. DONE in open court this I':yr day of September, 1990. J-tzclTe/ Commi s s lone r Stipulation/Agreed Judgment/Decree of Appropriation JDW00962P/0006.050.120 - 6 LAW OFFICES OF DE T 2100 WuWk• Ga•r Tor•r Fih4 Avwo• �i�1601 S..td., W..h4gU g6101.1666 UUkjl'fHY E (206) 147-7000 / FAX--(2061 447-0215 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Presented by: OGDEN MURPHY WALLACE By: Jo n D. Wallace, Attorneys for Petitioner City of Edmonds Copies Received, Approved as to form and Notice of Presentation Waived: HUTCHISON & FOSTER BY: �//? Z��_ R. Scott Hutchison, Attorneys for Respondent Alice L. Wolfe Stipulation/Agreed Judgment/Decree of Appropriation JDW00962P/0006.050.120 - 7 LAW OFFICESOF DE T 2100 We.dk. FL(th A br 7'or.r 1601 FI(th Awnu. �, r ry �LlHY U �J■\ S..ttl., W..h1nct. "101-lees (206) 447.7000/ FAX (106) 447-0716 "OGJ >4--t, CITY OF EDMONDS LARRY S. NAUGHTEN MAYOR CIVIC CENTER • EDMONDS, WA 98020 • (206) 775-2525 _. 8g0_1g September 4, 1991 Ms. Doreen Amam Snohomish County Treasurer's Office P.O. Box 568 Everett, WA 98206 Dear Ms. Amam: As we discussed today, I am forwarding to you a copy of a recent judgment conveying property from Delbert and Maureen V. Dern and Jack and Irene Achttien to the City of Edmonds. This judgment and decree of appropriation confirms fee title in the City of Edmonds for property located at 7122 210th St. S.W., Edmonds, Washington, legally described in Exhibit A to the judgment. The City of Edmonds requests that this property immediately be removed from the tax roll, and in our conversation today you indicated you would take the appropriate action. Would you please confirm that this has been done to either me or to Art Housler, Finance Director for the City of Edmonds. Thank you very much for your assistance. Very truly yours, JACQUELINE G. PARRETT, CMC Edmonds City Clerk Encl: Judgment • Incorporated August 11, 1890 ■ C;ctor C;tioc Tntornatinnal — T-iokinan AAnan 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 F I I F F" AUG 2 7 1991 KAY D. ANUEKSui, COUNTY CLERK SNOHOMISH CO. WASH IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF SNOHOMISH IN THE MATTER OF THE PETITION OF THE CITY OF EDMONDS, WASHINGTON, TO ACQUIRE BY CONDEMNATION REAL PROPERTY FOR PUBLIC USE AS AUTHORIZED BY ORDINANCE NUMBER 2803 OF SAID CITY, Petitioner, V. DELBERT DERN and MAUREEN V. DERN, husband and wife, and the marital community composed thereof, and JACK ACHTTIEN and IRENE ACHTTIEN, husband and wife, and the marital community composed thereof; unknown others and all other persons or parties known or unknown or unknown heirs claiming any rights, title, estate, lien, or interest in -the real estate described herein, Respondents. NO. 90-2-06963-8 STIPULATION AND AGREED JUDGMENT AND DECREE OF APPROPRIATION I. STIPULATION IT IS HEREBY stipulated and agreed to by and between the respondents, Delbert Dern and Maureen V. Dern, husband and wife, and Jack Achttien and Irene Achttien, husband and wife, by and through their undersigned attorney of record, Thomas R. Buchmeier, and the petitioner, the City of Edmonds, Washington, an optional Stipulation, Agreed Judgment, Decree of Appropriation - 1 LAW OFFICES OF JDW01258P:0006.050.132 tLAT T EN 2100 W..k. Gnt.r Tows -OMEN �1 �. 1601 Fifth Awme S..td W..hiu,tm 98101.1686 T .A�'F (2061 447-7000 / FAX- 19M AA7_M, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 municipal code city, by and through its attorneys of record Ogden Murphy Wallace and John D. Wallace, that a judgment and decree of appropriation in favor of the City of Edmonds be entered confirming fee title in the City of Edmonds for the real property described in Exhibit A attached hereto and incorporated herein by this reference as if set forth in full, together with the two mobile homes located upon said property. It is hereby further stipulated that a judgment and decree of appropriation as to the real property, mobile homes and appurtenances as described in Exhibit A, shall be entered in favor of the petitioner, the City of Edmonds, and against the respondents and all persons otherwise indicated in the petition as having any interest in said parcel as follows: 1. A jury having been impaneled and having determined that the just compensation to be paid by the City of Edmonds to the respondents is in the sum of $175,000, it is hereby stipulated and agreed that an order shall be entered ordering the City to pay into the Registry of the Court for the benefit of the above -named respondents and all other persons or parties having an interest in said parcel, the sum of $175,000 to be paid as just compensation, including all other fees or costs to which respondents might otherwise have been entitled for fee title to said parcel, including the two mobile homes located thereon, subject to the deductions set forth hereinafter. 2. That the respondents shall turn over all deposits which Stipulation, Agreed Judgment, Decree of Appropriation - 2 LAW OFFICES OF n� JDW01258P:0006.050.132 2100Westlake Center Tower r TLn�7T nr 1601 Fifth Avenue LJ I`i j J, � Seattle. Washington 96101-1666 . .AF /2061 4A7.700n / FAX- 0.1;1 AA7.M1 a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 they are holding for existing tenants for units A, B and D, unit C being vacant at the time of the trial of this matter. Respondents represent that the only deposits currently being held by them are for and on behalf of Mr. Tom Smyre in the amount of $300. 3. There shall be deducted from the above set forth $175,000 the sum of $261.04, representing respondents share of the second half of real property taxes due through August 27, 1991. 4. The sum of $159.99 shall be deducted from the $175,000 to be paid by the City to the respondents, said sum representing the proration of the rental monies for the month of August through August 27, 1991. 5. There shall be deducted from the $175,000 to be paid by the City to the respondents the sum of $24.92, representing proration through August 27, 1991, of the personal property taxes payable on the 1977 mobile home. There shall also be deducted from the $175,000 to be paid by the City to the respondents the sum of $9.28 representing proration of the personal property taxes due through August 27, 1991, on the 1964 mobile home. 6. The real property described in Exhibit A is subject to a Local Improvement District assessment No. 206-75 in the principal amount of $4,405.16, together with interest in the amount of $671.79, for a total of $5,076.95. Said sum shall be deducted from the $175,000 to otherwise be paid by the City to the respondents. 7. Respondents shall endorse the certificates of title and Stipulation, Agreed Judgment, Decree of Appropriation - 3 LAW OFFICES OF EN JDW01258P: 0006. 050. 132 2 100 Wesdake Center To. attler ;nn 1601 Fifth Avenue U k S) 447- WeehiFAX (2061 4 7-0 1-JACF 12061 �17-7000 /FAX (2061 147-0215 � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ownership for the 1964 and 1977 mobile homes, transferring title I and ownership of said mobile homes free and clear of all encumbrances to the City of Edmonds. In the event the title documents cannot be found, respondents shall execute all necessary paperwork to immediately effectuate the transfer of title to the City in accordance with this stipulation and judgment. 8. The sum set forth hereinabove to be paid by the City to the respondents is full and complete compensation of any and all claims for just compensation, fees or costs which might otherwise be permitted by law. 9. Immediately upon payment into the Registry of the Court of the $175,000, minus the sum of $5,532.18 representing the sums to be deducted pursuant to this stipulation from the gross amount of the payment, the City of Edmonds shall be and become the owner of the lands, real estate, premises and appurtenances, including the 1964 and 1977 mobile homes located on said property. THE COURT may enter the judgment and decree of appropriation set forth hereinafter containing the terms and conditions of this stipulation. DATED this 27th day of August, 1991. Stipulation, Agreed Judgment, Decree of Appropriation - 4 JDW01258P:0006.050.132 OGDEN MURPHY WALLACE By.k,-7b, J D.Wallace, WSBA #3290 Attorneys for Petitioner City of Edmonds LAW OFFICES OF DEN To..r 2100 W01 � Tj�}�l� jY )' 1601 Filth Avenu. Fitt Aver U —R\lY 1-%-1�1` 1 ■F S..td., Washington 96101-1686 T Al{ 12M AA7.7nnn t rAY-!9l 1 ..9.no1c .T 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 THOMAS R. BUCHMEIER, P.S. V7- 2 P Thomas R. Buchmeier, WSBA #5557 Attorney for Respondents Delbert Dern and Maureen V. Dern and Jack Achttien and Irene Achttien II. JUDGMENT AND DECREE OF APPROPRIATION This matter having come on regularly before the undersigned, Judge of the above -entitled court, and it appearing that the petitioner and respondents have, by and through their respective attorneys of record, on behalf of themselves and other persons claiming an interest in said real property, pursuant to a verdict entered by a jury on August 14, 1991, have reached an agreement in all respects, and the court, after considering the written stipulation filed herein concerning the lands, real estate, premises and other property, including the 1964 and 1977 mobile homes sought to be appropriated and used by the City of Edmonds, the petitioner herein, and having found therefrom that the just compensation, includinq the value of the land annronriatAd together with all appurtenances and the two mobile homes, is, in accordance with the findings of the jury, in the sum of $175,000 for the real property described in Exhibit A, together with the 1964 and 1977 mobile homes, and that such is a proper amount and award to be paid by the petitioner herein, NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that compensation be made in Stipulation, Agreed Judgment, Decree of Appropriation - 5 LAW OFFICES OF DEN ve JDW01258P:0006.050.132 2100We.tl.keCenter Tower r TbE 1601 Fifth Anue U 1� Se.ttl.. Wuhington98101-1666 T T A�'.F 42061 u7.7nnn / FAY. I9MJ a.9.n9I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 money in the sum of $175,000 to all owners, encumbrances and other persons interested therein for the appropriation and use by the petitioner, the City of Edmonds, of the lands, real estate, premises and other property, including the 1964 and 1977 mobile homes acquired herein from the respondents, said property described in Exhibit A, attached hereto and hereby incorporated in full by this reference, and it is further ORDERED, ADJUDGED AND DECREED that there shall be deducted from said $175,000 the sum of $159.99 for proration of rents through August 27, 1991, the sum of $261.04 representing proration of second half real property taxes through August 27, 1991, the sum of $24.92 representing proration of personal property taxes on the 1977 mobile home through August 27, 1991, the sum of $9.28 representing proration of the personal property taxes due on the 1964 mobile home through August 27, 1991, and the sum of $5,076.95 representing the payment of principal and interest due on LID No. 206, assessment number 75, leaving a total after said deductions of $169,467.82 to be paid into the Registry of the Court by the petitioner, and it is further ORDERED, ADJUDGED AND DECREED that the respondents shall immediately endorse the certificates of ownership and title to the 1964 and 1977 mobile homes and deliver the same to the City in order to immediately effectuate transfer of ownership from respondents to the City and, in the event said title and ownership certificates cannot be found, respondents are ordered to execute Stipulation, Agreed Judgment, Decree of Appropriation - 6 LAW OFFICES OF Q13DEN J DW 012 5 8 P: 0 0 0 6. 0 5 0. 13 2 210o Westlake Center Tower 41-1 .r�n� 1601 Fifth Avenue JI ,[f 8eettle. Washington 98 10 1- 1686 �f�r?(206) 447-7000 / FAX: (206) 447.0215 l 'F 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 all documents necessary to effectuate the transfer of title to the two mobile homes to the City of Edmonds, and it is further ORDERED, ADJUDGED AND DECREED that upon payment into the Registry of the Court of the sum of $169,467.82 the petitioner, the City of Edmonds, shall be and become the owner of the lands, real estate, premises and appurtenances, including the 1964 and 1977 mobile homes located on said property, which property was sought to be appropriated herein, and the City shall be entitled to enter into possession thereof and take, hold, own and at all times thereafter use and possess the same, and that such payment shall be full and just compensation for the taking, condemnation and appropriation and use of the same, including any fees or costs that might otherwise be claimed, and it is further ORDERED, ADJUDGED AND DECREED that the stipulation set forth herein above is hereby incorporated in full by this reference, ratified and made a part of this judgment and decree of appropriate, and it is further ORDERED, ADJUDGED AND DECREED that upon submission of a check by the City of Edmonds in the amount of $169,467.82 to the Clerk, that the Clerk is hereby ordered and instructed to endorse said check payable to Thomas R. Buchmeier, P.S., attorney -at -law, Trust Account, attorney for the respondents, and that said Thomas R. Buchmeier, who represents all of the respondents in this action, shall disburse said monies from his Trust Account in accordance with the respondents respective ownership interests, and it is Stipulation, Agreed Judgment, Decree of Appropriation -- 7 LAW OFFICES OF n�,� J DW 012 5 8 P: 0 0 0 6. 0 5 0. 13 2 2100 Westlake Center Tower UL�1�1 V 1601 Fifth Avenue Seattle. Washington (9 101-1686 T ,T AWF 12061 117-7lN1l1 / FAY- l711F1 117,A911 1 2 3 4 5 6 7 8 91 I 10 11 i 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 f further ORDERED, ADJUDGED AND DECREED that upon said payment of said award and judgment into the Registry of the Court in this cause, the Clerk thereof be and the Clerk is hereby directed and ordered to satisfy said judgment. rL DONE IN OPEN COURT this �7 day August, 1991. Sao �QV-- ' C o i-e- /COURT COMMISSIONER Presented by: OGDEN MUz WALLACE By: J4A D. Wallace WSBA #3290 Attorneys for Petitioner City of Edmonds Copy Received: Approved as to Form: Notice of Presentation Waived: THOMAS R. BUCHMEIER, P.S. S ( -I,-- R.7�. Thomas R. Buchmeier, WSBA #5557 Attorney for Respondents Delbert Dern and Maureen V. Dern and Jack Achttien and Irene Achttien Stipulation, Agreed Judgment, Decree of Appropriation - 8 JDW01258P:0006.050.132 LAW OFFICES OF 2100 Westlake Center To- 1601 Fifth Avenue S..ttle,_Wuhinaton 98101-1666 DEN Nn OF P EXHIBIT A The real property located at 7122 210th Street S. W., Edmonds, Washington, legally described as: Lots 9 and 10, Block 6, Seattle Heights Division 4, according to the'plat thereof recorded in Volume 9 of Plats, page 11, records of Snohomish County, Washington. EXCEPT the East 208.0 feet thereof Situated in Snohomish County, Washington DEN 1 C, IE i V L. �_, URPHY OCT 1 ■1t L CE ATTORNEYS AT LAW MEMORANDUM OF TRANSMITTAL l4ECENFn AUG 4-1 1991 FdmnTos City crens DATE: October 16, 1990 TO: Peter Hahn City of Edmonds RE: City of Edmonds v. Wolfe, et al ENCLOSED: Enclosed you will find the receipt for the payment of the monies into the Registry of the Court on the above -noted case, together with a copy of the Stipulation and Agreed Judgment and Decree of Appropriation. This Stipulation and Agreed Judgment and Decree of Appropriation and receipt should be made a permanent part of the City's records. JDWnaa cc: Jackie Parrett, City Clerk cc: Bobby Mills OGDEN MURPHY WALLACE BY John D. Wallace ❑ Seattle Office: 2100 Westlake Center Tower, 1601 Fifth Avenue, Seattle, WA 98101-1686, (206) 447-7000, FAX (206) 447-0215 0 Wenatchee Office: 1 South Chelan Street, P.O. Boa 1606, Wenatchee, WA 98807, (509) 662-1954, FAX (509) 663-1553 won, 54 &Y'l? 5010 lot 4! yo 04�!Q! Vol --N SUPERIOR CCU7 EVERET& WASHINGTON 3820.1 KAY I). ANDERSON SNOB-11i'll!" '--,LERK CURR. PATE: 09114190 ACCT. DATE: 09/14/9C REG/RCPT: 01-08740-001 CASHIER 1E: SL TIME, 3:01 P.M. AMOUNT M-08740-001 REGREC. I di CASE NUM: 90-2-01698-4 $25985=00 CITY OF EEMONDS VS WOLFE 3150 TRUST RECEIVED-7ENUER- $TR7 TOTAL DUE S27 x 9SE . &-7,' FROM; CITY OF EDMOND.':- $27:985.00 ------------- TOTAL TENDERE-11. ------------y is - CHANCE DUIE SE . 02 TGURTEST :COPY 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 rr F .9 ni. 1-V D. ANDERSON COUNTY �Ci1LERK IN THE SUPERIOR COURT OF THE STATE OISVX � %&i ONIA'51- IN AND FOR THE COUNTY OF SNOHOMISH IN THE MATTER OF THE PETITION OF ) THE CITY OF EDMONDS, WASHINGTON, ) TO ACQUIRE BY CONDEMNATION ) REAL PROPERTY FOR PUBLIC USE ) AS AUTHORIZED BY ORDINANCE NO. ) 2761 OF SAID CITY, ) Petitioner, ) V. ) ALFRED T. WOLFE and ALICE L. ) WOLFE, husband and wife, and ) the marital community composed j thereof; unknown others and all ) other persons or parties known ) or unknown or unknown heirs ) claiming any rights, title, ) estate, lien or interest in the ) real estate described herein, ) Respondents. ) NO. 90-2-01698-4 STIPULATION AND AGREED JUDGMENT AND DECREE OF APPROPRIATION (CLERK'S ACTION REQUIRED) CLE3.IL,' &gTTO3. The Clerk is directed to establish a Judgment against the City of Edmonds, and in favor of the below stated respondent in the amount of $116,000 as just compensation_ for the property and property rights appropriated in this action, and, upon payment of the sum of $116,000 by the City of Edmonds into the registry of the Court, of which $88,015 has as of the date of this Stipulation already been paid into the Court, leaving a balance of $27,985 which must now be paid into the registry of the Court, to satisfy said judgment and hold said sum of money for Stipulation/Agreed Judgment/Decree of Appropriation JDWO0962P/0006.050.120 - 1 LAW OFFICES OF 2100 W..tl.k. Cents Tower 1601 Fifth Avenue S..tll., WuAin`to. 96101-19118 (206) 447.7000 / FAX (206) 417.0215 1 11 distribution among the respondent and other persons claiming an 2 interest in said real property as shall be directed by further 3 order of the Court. 4 I. STIPULATION 5 IT IS HEREBY STIPULATED AND REPRESENTED by respondent that 6 Alice L. Wolfe owns the subject property free and clear as her 7 separate property. It is represented that Alfred T. Wolfe, 8 husband of Alice L. Wolfe, passed away on October 23, 1978. 9 IT IS FURTHER REPRESENTED by Alice L. Wolfe that Alfred T. 10 Wolfe and Alice L. Wolfe had entered into a community property 11 agreement executed on August 26, 1967, which agreement was not 12 revoked or modified prior to the death of Alfred T. Wolfe. 13 Alice L. Wolfe further represents that said community 14 property agreement was recorded under Snohomish County Recording 15 No. 1984789 and that Alice L. Wolfe is the sole owner of the real 16 property that is the subject matter of this lawsuit, which 17 property is free of any and all encumbrances or liens. 18 IT IS HEREBY STIPULATED AND AGREED TO by and between the 19 respondent/owner, Alice L. Wolfe, and the City of Edmonds, 20 Washington, an optional municipal code city, by and through their 21 undersigned attorneys of record, that a judgment and decree of 22 appropriation in favor of the City of Edmonds may be entered 23 confirming fee title in the City of Edmonds for the real property 24 located at 7114 - 210th Street S. We, Edmonds, Snohomish County, 25 Washington, legally described as follows: The west 104 feet of the east 208 feet of Lots 9 and 26 10, Block 6, Seattle Heights Division No. 4, records Stipulation/Agreed Judgment/Decree of "WOFFICES OF Appropriation JDW00962P/0006.050.120 - 2 Z100 601Fi11AAvviweOWer&DEN RPHY Seattle, Washing" 88101•I888 (206) 447.7000 / FAX (206) 447-0215 Y 1 2 3 4 5 6 7 8 9 10 i 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 26 of Snohomish County, Washington, all situate in the City of Edmonds, Snohomish County, Washington. IT IS HEREBY FURTHER STIPULATED that a judgment and decree of appropriation in the form subjoined shall be entered in favor of the Petitioner, the City of Edmonds, and against the respondent and all other persons otherwise indicated in the petition as having an interest in the property which is the subject of this action, as follows: 1. The Petitioner, the City of Edmonds, an optional municipal code city, shall be ordered to pay into the registry of the Court for the benefit of the above -named respondent and all other persons or parties having an interest in the property described herein, the total sum of $116,000, $88,015 of which has already been paid into the registry of the Court, leaving a balance of $27,985 to be paid as just compensation for fee title to the real property described herein. Said compensation is in full and complete payment of any claims of taking or damage to respondent's property, including all costs of this action and including, but not limited to, appraisal and attorney fees. 2. That immediately upon payment into the registry of the Court of the additional amount of $27,985, the City of Edmonds shall be and become the owner of the lands, real estate, premises and appurtenances of the property and property rights sought to be appropriated herein. 3. Each party herein shall pay their own fees and costs. IT IS HEREBY FURTHER STIPULATED by and between the Stipulation/Agreed Judgment/Decree of IAWOFFICES OF DEN Appropriation JDW00962P/0006.050.120 - 3 2100 W..16k. C.n1.r T.wer r i��u[J 1601 FJ1k Mews U �[LLi H r BO&W.. WuNn;w 66101.1666 1 r A �� (206) 447.7000 / FAX: (206) 4{7-0216 I .� A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 undersigned parties that the Court may enter the judgment and decree of appropriation subjoined hereinafter. DATED this �- day of September, 1990. OGDEN MURPHY WALLACE By:�a_'D. John DV Wallace, attorneys for Petitioner City of Edmonds HUTCHISON & FOSTER By: R.Scott Hutchison, attorneys for Respondent Alice L. Wolfe II. JUDGMENT AND DECREE OF APPROPRIATION THIS MATTER having come on regularly for hearing before the undersigned Judge/Court Commissioner of the above -entitled Court, and it appearing that the petitioner and the respondent -owner of the property and property rights sought to be appropriated by the City of Edmonds herein, have, by and through the respective attorneys of record on behalf of herself and other persons claiming an interest in said property, reached an agreement in all respects, and the Court having considered the written stipulation filed herein concerning the lands, real estate, premises and other property sought to be appropriated and used by the City of Edmonds, the petitioner herein, for a public works building site and related improvements, and having found therefrom that the just compensation including the value of the real property and property rights appropriated resulting to all persons and parties interested herein by reason of such appropriation of lands, real Stipulation/Agreed Judgment/Decree of LAW OFFICES OF LDENN - 21o6r7war APproppriation JDW00962P 0006.050.120 - 4 1601 VdthAven. HY Sestdo w..hinpou06101.1686E (206) 1477000/ PAX (206) 447.0215E 1 2 3I 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 estate, premises and other property rights herein described, and including the respondent's costs, are, in accordance with the findings of the Court, in the total sum of $116,000, $88,015 of which has been paid into the registry of the Court, leaving a balance to be paid of $27,985, is in full and complete payment for the property legally described as follows: The west 104 feet of the east 208 feet of Lots 9 and 10, Block 6, Seattle Heights Division No. 4, records of Snohomish County, Washington, all situate in the City of Edmonds, Snohomish County, Washington, and The Court further being advised in the premises that Alfred T. Wolfe passed away on October 23, 1978, leaving a community property agreement valid and in effect as of the date of his death, which community property agreement was recorded under Snohomish County Recording No. 1984789, and the Court finding that Alice L. Wolfe is record owner of said property, NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that compensation be made in money in the total sum of $116,000, $88,015 of which has already been paid into the registry of the Court, leaving a balance owing of $27,985 as just compensation to all owners, encumbrancers and all other persons interested in the appropriation and use by the petitioner, the City of Edmonds, of fee title to that certain real property legally described as follows: The west 104 feet of the east 208 feet of Lots 9 and 10, Block 6, Seattle Heights Division No. 4, records of Snohomish County, Washington, all situate in the City of Edmonds, Snohomish County, Washington, Stipulation/Agreed Judgment/Decree of LAW OFFICES OFLDE VAppropriation JDW00962P/0006.050.120 - 5 21ooWestlake 1601FdthAvenue terTow�rPHY I601Filth enterSeattle W..Wn6lou 66101.1686CE (206) 117.7000 / FAX (206) 447-0215 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 and it is further ORDERED, ADJUDGED AND DECREED that upon payment into the registry of the Court of the additional sum of $27,985, with respect to the property and property rights appropriated herein, the petitioner, the City of Edmonds, shall be and become the owner in fee title of the lands, real estate, premises and appurtenances of the real property legally described as follows: The west 104 feet of the east 208 feet of Lots 9 and 10, Block 6, Seattle Heights Division No. 4, records of Snohomish County, Washington, all situate in the City of Edmonds, Snohomish County, Washington, and shall be entitled to enter into possession thereof and to take, hold, own and at all times thereafter use and possess the same according to its title, and that such payment shall be full and just compensation for the takinar. nnnaAmnat-inn Ann appropriation and use of the same, and it is further ORDERED, ADJUDGED AND DECREED that on payment, award and Judgment herein into the registry of the Court in this cause of the additional sum of $27,985, the Clerk of the Court be, and the Clerk hereby is, directed and ordered to satisfy said judgment and to hold said money for distribution among the respondents and other persons claiming an interest in said real property as shall be directed by further order of the Court. DONE in open court this �yT day of September, 1990. 3ttdTe/ Commi s s lone r Stipulation/Agreed Judgment/Decree of LAW OFFICES OF LDENAppropriation JDW00962P/0006.050.120 - 6 2100 601Fi.C.w.r7ow.r HY 1601 Fihh Av.au. B..IU., W..hi.gW8gBI01•IBBBCE (206) 417-7000 / FAX (206) 447-0216 1 2 3 4 5 6 7 8I 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Presented by: OGDEN MURPHY WALLACE By: � Tn tkw z), w " o Jn D. Wallace, Attorneys for Petitioner City of Edmonds Copies Received, Approved as to form and Notice of Presentation Waived: HUTCHISON & FOSTER BY: R. Scott Hutchison, Attorneys for Respondent Alice L. Wolfe Stipulation/Agreed Judgment/Decree of I.AwOFFICES OF &DENAppropriation JDW00962P/0006.050.120 - 7 t1�16001tFifthAvem:....HY 8..tu.'W..hington96101.1l89C� (209) 447.7000 / FAX:1209) 447-0216 DEN PHY E"NWAT ■ i ,LA(nE ATTORNEYS AT L A W MEMORANDUM DATE. October 24, 1990 RECEIVED TO Jackie Parrett, City Clerk; City of Edmonds QCT 2 J.1990 FROM: John D. Wallace; Office of the CityAttorney Y Comnn,4- ncftf Mark RE: Lot 8, Block 6, Seattle Heights Division Four Property Purchase for Public Works Building Jackie - I came across the original title insurance policy on the Gordon property in the file. John said you should have this as part of your permanent records for this purchase. P] ❑ Seattle Office: 2100 Westlake Center Tower, 1601 Fifth Avenue, Seattle, WA 98101-1686, (206) 447-7000, FAX (206) 447-0215 0 Wenatchee Office: 1 South Chelan Street, P.O. Box 1606, Wenatchee, WA 98507, (509) 662-1954, FAX (509) 663-1553 Issued with policy No. COMMONWEALTH LAND TITLE INSURANCE COMPANY A Reliance Group Holdings Company SCHEDULE A POLICY OF TITLE INSURANCE POLICY NUMBER 11S-S1b4S4 Amount of Insurance: $ 142, 207.50 File No. 015445 Premium: $571.00 Date of Policy: November 3, 1988 , at 9 ; 35 A.m. 1. Name of Insured: City of Edmonds, a Washington municipal corporation 2. The estate or interest in the land described herein and which is covered by this policy is FEE SIMPLE and is at Date of Policy vested in: The named insured 3. The land referred to in this policy is described in the said instrument, is situated in the County of SNOHOMISH State of WASHINGTON and is identified as follows: Lot 8, Block 6, Seattle Heights Division Four, According to the plat thereof recorded in Volume 9 of Plats, page 11, recofds of Snohomish County, Washington. Countersigned: Authorized Officer or PA 10 American Land Title Association Owner's Policy - 1970 - Form B (Rev. 10-17-70 and 10-17-84) Form 1005-6 Schedule A ORIGINAL COMMONWEALTH LAND TITLE INSURANCE COMPANY A Reliance Group Holdings Company OWNER'S POLICY OF TITLE INSURANCE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania corporation, herein called the company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and cost, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; 2. Any defect m or lien or encumbrance on such title; 3. Lack of a right of access to and from the land; or 4. Unmarketability of such title. IN WITNESS WHEREOF, the Commonwealth Land Title Insurance Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers, the Policy to become valid when Schedule A is countersigned by an authorized officer or agent Of the Company. COMMONWEALTH LAND TITLE INSURANCE COMPANY Attest: �j ZY� 'A secretary By � President EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: (a) Governmental police power. (b) Any law, ordinance or governmental regulation relating to environmental protection. (c) Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part. (d) The effect of any violation of the matters excluded under (a), (b) or (c) above, unless notice of a defect, lien or encumbrance resulting from a violation has been recorded at Date of Policy in those records in which under state statutes deeds, mortgages, lis pendens, liens or other title encumbrances must be recorded in order to impart constructive notice to purchasers of the land for value and without knowledge; provided, however, that without limitation, such records shall not be construed to include records in any of the offices of federal, state or local environmental protection, zoning, building, health or public safety authorities. 2. Rights of eminent domain unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in' writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. American Land Title Association Owner's Pr"-v — 1970 — Form B (Rev. 10-17-70 and 10-17-84) B 1005-6 Policy No. 115-516454 SCHEDULE B File No. 015445 This policy does not insure against loss or damage by reason of the following: Encroachments or questions of location, boundary and area, which an accurate survey may disclose; public or private easements, streets, roads, alleys or highways, unless disclosed of record by recorded Plat or conveyance, or decree of a Court of record; rights or claims of persons in possession, or claiming to be in possession, not disclosed by the public records; material or labor liens or liens under the Workmen's Compensation Act not disclosed by the public records; water rights or matters relating thereto; any service, installation or construction charges for sewer, water, electricity, or garbage collection and disposal. 2. Reservations and exceptions in United States Patents or in Acts authorizing the issuance thereof, right of use, control or regulation by the United States of America in the exercise of powers over navigation; any prohibition or limitation on the use, occupancy or improvement of the land resulting from the rights of the public or riparian owners to use any waters which may cover the land or to use any portion of the land which is now or may formerly have been covered by water. 3. General taxes not now payable; matters relating to special assessments and special levies, if any, preceding the same becoming a lien. 4. For additional easements, covenants, restrictions and reservations of record, see attached Exhibit B. sla American Land Title Association Owner's Policy — Form B Form 1005-34 Schedule B - Washington ORIGINAL CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company may have had against the named insured, those who succeed to the interest of such insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal represen- tatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant": an insured claiming loss or damage hereunder. (c) "knowledge": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of any public records. (d) "land": the land described, specifically or by reference in Schedule A, and improvements affixed thereto which by law constitute real property; provided, however, the term "land" does not include any property beyond the lines of the area specifically described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (f) "public records": those records which by law impart con- structive notice of matters relating to said land. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE The coverage of this policy shall continue in force as of Date of Policy in favor of an insured so long as such insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from such insured, or so long as such insured shall have liability by reason of covenants of warranty made by such insured in any transfer or conveyance of such estate -or interest; provided, however, this policy shall not continue in force in favor of any purchaser from such insured of either said estate or interest or the indebtedness secured by a pur- chase money mortgage given to such insured. DEFENSE AND PROSECUTION OF ACTIONS — NOTICE OF CLAIM TO BE GIVEN BY AN INSURED CLAIMANT (a) The Company, at its own cost and without undue delay, shall provide for the defense of an insured in all litigation consisting of actions or proceedings commenced against such insured, or a defense interposed against an insured in an action to enforce a contract for a sale of the estate or interest in said land, to the extent that such litigation is founded upon an alleged defect, lien, encumbrance, or other matter insured against by this policy. (b) The insured shall notify the Company promptly in writing (i) in case any action or proceeding is begun or defense is inter- posed as set forth in (a) above, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is ad- verse to the title to the estate or interest, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is rejected as unmarketable. If such prompt notice shall not be given to the Company, then as to such insured all liability of the Company shall cease and terminate in regard to the matter or matters for which such prompt notice is required; provided, however, that failure to notify shall in no case prejudice the rights of any such insured under this policy unless the Company shall be prejudiced by such failure and then only to the extent of such prejudice. (c) The Company shall have the right at its own cost to institute and without undue delay prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as insured, and the Company may take any appropriate action under the terms of this policy, whether or not it shall be liable thereunder, and shall not thereby concede liability or waive any provision of this policy. (d) Whenever the Company shall have brought any action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any such litigation to final deter- mination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judg- ment or order. (e) In all cases where this policy permits or requires the Com- pany to prosecute or provide for the :defense of any action or pro- ceeding, the insured hereunder shall secure to the Company the right to so prosecute or provide defense in such action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such insured for such purpose. Whenever requested by the Company, such insured shall give the Company all reasonable aid in any such action or proceeding, in effecting settlement, securing evidence, obtaining witnesses, or prosecuting or defending such action or proceeding, and the Company shall reimburse such insured for any expense so incurred. 4. NOTICE OF LOSS — LIMITATION OF ACTION In addition to the notices required under paragraph 3(b) of these Conditions and Stipulations, a statement in writing of any loss or damage for which it is claimed the Company is liable under this policy shall be furnished to the Company within 90 days after such loss or damage shall have been determined and no right of action shall accrue to an insured claimant until 30 days after such statement shall have been furnished. Failure to furnish such statement of loss or damage shall terminate any liability of the Company under this policy as to such loss or damage. 5. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS The Company shall have the option to pay or otherwise settle for or in the name of an insured claimant any claim insured against or to terminate all liability and obligations of the Company hereunder by paying or tendering payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses in- curred up to the time of such payment or tender of payment, by the insured claimant and authorized by the Company. 6. DETERMINATION AND PAYMENT OF LOSS (a) The liability of the Company under this policy shall in no case exceed the least of: ( i) the actual loss of the insured claimant; or ( ii) the amount of insurance stated in Schedule A. (b) The Company will pay, in addition to any loss insured against by this policy, all costs imposed upon an insured in litigation carried on by the Company for such insured, and all costs, attorneys' fees and expenses in litigation carried on by such insured with the written authorization of the Company. (c) When liability has been definitely fixed in accordance with the conditions of this policy, the loss or damage shall be payable within 30 days thereafter. Conditions and Stipulations Continued Inside Cover B 1005-7 Commitment No. 015445 EXHIBIT B 1. EASEMENT provisions disclosed by instrument. Purpose: Slopes, cuts and fills Affects: Portion of the premises adjoining the street or road Recording No: 2036735 END OF EXHIBIT B COMMONWEALTHThis sketch is provided as a courtesy for the sole purpose of L assisting in locating the subject property and no liability is assumed LAND TITLE COMPANY for inaccuracies within the sketch. Reference should be made to Of Snohomish County a survey for further information. ORDER NO. IS 15- CUSTOMER NO. VOL. _ _ PAGE PLAT �� 11 _ LOT , . <6 BLOCK QUARTER/QUARTER SEC. TWP. RANGE LOT SIZE OF SAID PREMISES IS, COMMENCING ON THE NORTH LINE k,4-,5 C , I X /off x ,36,a,_(o CONDITIONS AND STIPULATIONS (Continued) 7. LIMITATION OF LIABILITY No claim shall arise or be maintainable under this policy (a) if the Com[iarty, after having received notice of an alleged defect, lien or encumbrance insured against hereunder, by litigation or otherwise, removes such defect, lien or encumbrance or establishes the title, as insured, within a reasonable time after receipt of such notice; (b) in the event of litigation until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as insured, as provided in paragraph 3 hereof; or (c) for liability voluntarily assumed by an insured in settling any claim or suit without prior written consent of the Company. 8. REDUCTION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. No payment shall be made without producing this policy for endorsement of such puyment unless the policy be lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company. 9. LIABILITY NONCUMULATIVE It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring either (a) a mortgage shown or referred to to Schedule B hereof which is a lien on the estate or interest covered by this policy, or (b) a mortgage hereafter executed by an insured which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy. The Company shall have the option to apply to the payment of any such mortgages any amount that otherwise would be payable hereunder to the insured owner of the estate or interest covered by this policy and the amount so paid shall be deemed a payment under this policy to said insured owner. 10. APPORTIONMENT If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of said parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date or Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each such parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement herein or by an endorsement attached hereto. 11. SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Company shall have settled a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which such insured claimant would have had against any person or property in respect to such claim had this policy not been issued, and if requested by the Company. such insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation and shall permit the Company to use the name of such insured claimant in any transaction or litigation involving such rights or remedies. If the payment does not cover the loss of such insured claimant, the Company shall be subrogated to such rights and remedies in the proportion which said payment bears to the amount of said loss. If loss should result from any act of such insured claimant, such act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against hereunder which shall exceed the amount, if any, lost to the Company by reason of the impairment of the right of subrogation. 12. LIABILITY LIMITED TO THIS POLICY This instrument together with all endorsements and other instruments, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. 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 covered hereby or any action asserting such claim, shall be restricted to the provisions and conditions and stipulations of this policy. No amendement of or endorsement to this policy can be made except by writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 13. NOTICES, WHERE SENT All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to Commonwealth Land Title Insurance Company, Eight Penn Center, Philadelphia, Pennsylvania 19103. NM 1 American Land Title Association Owner's Policy - 1970 - Form B (Rev. 10-17-70 and 10-17-84) Cover Page Valid Only If Schedules A and B Are Attached Form 1005-8 O z I� W �o ono u , w W CD r, W z$ w H W � �i b y „ U- p va Z a q I O 0 �"4 h /Z�� N 0 L w 6W J z- y Cc Q 3v ° 0IOF usQ o _(IDEN MH A T T O R N E Y S AT L A W MEMORANDUM OF TRANSMITTAL DATE: January 25, 1990 TO: Jackie Parrett, City Clerk City of Edmonds RE: Title Insurance for Lindbloom property acquisition for Public Works site. ENCLOSED: The above -noted title insurance policy to be kept with your records OGDEN MURPHY WALLACE BY Nancy Appleby Secretary to John D. Wallace ❑ Seattle Office: 2100 Westlake Center Tower, 1601 Fifth Avenue, Seattle, WA 98101-1686, (206) 447-7000, FAX (206) 447-0215 0 Wenatchee Office: 1 South Chelan Street, P.O. Boa 1606, Wenatchee, WA 98807, (609) 662-1954, FAX (509) 663-1553 Issued with policy No. POLICY OF TITLE INSURANCE COMMONWEALTH LAND TITLE INSURANCE COMPANY A Reliance Group Holdings Company SCHEDULE A Amount of Insurance: $ 175, 000.00 Premium: $650.00 Date of Policy: 14th day of August, 1989 1. Name of Insured: City of Edmonds, a Washington municipal corporation POLICY NUMBER 115-516254 File No. 020119 , at 4:45 P. M. 2. The estate or interest in the land described herein and which is covered by this policy is FEE SIMPLE and is at Date of Policy vested in: The named insured 3. The land referred to in this policy is described in the said instrument, is situated in the County of Snohomish State of Washington and is identified as follows: Lot 7, Block 6, Seattle Heights, Division No. 4, According to the plat thereof recorded in Volume 9 of Plats, page 11, Records of Snohomish County, Washington. Countersigned: Authorized Officer Agent— ��Ll. American Land Title Association Owner's Policy — 1970 — Form B (Rev. 10-17-70 and 10-17-84) Form 1005-6 Schedule A ORIGINAL COMMONWEALTH LAND TITLE INSURANCE COMPANY A Reliance Group Holdings Company OWNER'S POLICY OF TITLE INSURANCE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania corporation, herein called the company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A,.and cost, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; 2. Any defect in or lien or encumbrance on such title; 3. Lack of a right of access to and from the land; or 4. Unmarketability of such title. IN WITNESS WHEREOF, the Commonwealth Land Title Insurance Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers, the Policy to become valid when Schedule A is countersigned by an authorized officer or agent of the Company. COMMONWEALTH LAND TITLE INSURANCE COMPANY Attest: � G Secretary By President EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: (a) Governmental police power. (b) Any law, ordinance or governmental regulation relating to environmental protection. (c) Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part. (d) The effect of any violation of the matters excluded under (a), (b) or (c) above, unless notice of a defect, lien or encumbrance resulting from a violation has been recorded at Date of Policy in those records in which under state statutes deeds, mortgages, lis pendens, liens or other title encumbrances must be recorded in order to impart constructive notice to purchasers of the land for value and without knowledge; provided, however, that without limitation, such records shall not be construed to include records in any of the offices of federal, state or local environmental protection, zoning, building, health or public safety authorities. Rights of eminent domain unless notice of the exercise of such rights appears in the public records at Date of Policy. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in' writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. American Land Title Association Owner's cy — 1970 — Form B (Rev. 10-17-70 and 10-17-84 B 1005-6 Policy No. 115-516254 SCHEDULE B File No. 020119 This policy does not insure against loss or damage by reason of the following: Encroachments or questions of location, boundary and area, which an accurate survey may disclose; public or private easements, streets, roads, alleys or highways, unless disclosed of record by recorded Plat or conveyance, or decree of a Court of record; rights or claims of persons in possession, or claiming to be in possession, not disclosed by the public records; material or labor liens or liens under the Workmen's Compensation Act not disclosed by the public records; water rights or matters relating thereto; any service, installation or construction charges for sewer, water, electricity, or garbage collection and disposal. 2. Reservations and exceptions in United States Patents or in Acts authorizing the issuance thereof, right of use, control or regulation by the United States of America in the exercise of powers over navigation; any prohibition or limitation on the use, occupancy or improvement of the land resulting from the rights of the public or riparian owners'to use any waters which may cover the land or to use any portion of the land which is now or may formerly have been covered by water. 3. General taxes not now payable; matters relating to special assessments and special levies, if any, preceding the same becoming a lien. None eh END OF SCHEDULE B American Land Title Association Owner's Policy — Form B Form 1005-34 Schedule B - Washington ORIGINAL CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company may have had against the named insured, those who succeed to the interest of such insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal represen- tatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant": an insured claiming loss or damage hereunder. (c) "knowledge": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of any public records. (d) `land": the land described, specifically or by reference in Schedule A, and improvements affixed thereto which by law constitute real properly; provided, however, the term "land" does not include any property beyond the lines of the area specifically described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. but nothing herein shall modify or limit the extent to which a right of access to and from the land is 'insured by this policy. (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (f) "public records": those records which by law impart con- structive notice of matters relating to said land. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE The coverage of this policy shall continue in forth as of Date of Policy in favor of an insured so long as such insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from such insured, or so long as such insured shall have liability by reason of covenants of warranty made by such insured in any transfer or conveyance Of such estate or interest; provided, however, this policy shall not continue in force in favor of any purchaser from such insured of either said estate or interest or the indebtedness secured by a pur- chase money mortgage given to such insured. DEFENSE AND PROSECUTION OF ACTIONS —NOTICE OF CLAIM TO BE GIVEN BY AN INSURED CLAIMANT (a) The Company, at its own cost and without undue delay, shall provide for the defense of an insured in all litigation consisting of actions or proceedings commenced against such insured, or a defense interposed against an insured in an action to enforce a contract for a sale of the estate or interest in said land, to the extent that such litigation is founded upon an alleged defect, lien, encumbrance, or other matter insured against by this policy. (b) The insures[ shall notify the Company promptly in writing (i) in cast any action or proceeding is begun or defense is inter- posed as set forth in (a) above, 00 in case knowledge shall come to an insured hereunder of any claim of title or interest which is ad- verse to the title to the estate or interest, as insured, and which might cause loss or damage for which the .Company may be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is rejected as unmarketable. If such prompt notice shall not be given to the Company, then as to such insured all liability of the Company shall cease and terminate in regard to the matter or matters for which such prompt notice is required; provided, however, that failure to notify shall in no case prejudice the rights of any such insured under this policy unless the Company shall be prejudiced by such failure and then only to the extent of such prejudice. (c) The Company shall have the right at its own cost to institute and without undue delay prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as insured, and the Company may take any appropriate action under the terms of this policy, whether or not it shall be liable thereunder, and shall not thereby concede liability or waive any provision of this policy. (d) Whenever the Company shall have brought any action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any such litigation to final deter- mination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judg- ment or order. (e) In all cases where this policy permits or requires the Com- pany to prosecute or provide for the defense of any action or pro- ceeding, the insured hereunder shall secure to the Company the right to so prosecute or provide defense in such action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such insured for such purpose. Whenever requested by the Company, such insured shall give the Company all reasonable aid in any such action or proceeding, in effecting settlement, securing evidence, obtaining witnesses, or prosecuting or defending such action or proceeding, and the Company shall reimburse such insured for any expense so incurred. 4. NOTICE OF LOSS — LIMITATION OF ACTION In addition to the notices required under paragraph 3(b) of these Conditions and Stipulations, a statement in writing of any loss or damage for which it is claimed the Company is liable under this pnticy shall be furnished to the Company within 90 days after such loss or damage shall have been determined and no right of action shall accrue to an insured claimant until 30 days after such statement shall have been furnished. Failure to furnish such statement of loss or damage shall terminate tiny liability of the Company under this policy as to such Loss or damage. 5. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS The Company shall have the option to pay or otherwise settle for or in the name of an insured claimant any claim insured against or to terminate all liability and obligations of the Company hereunder by paying or tendering payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses in- curred u.p to the time of such payment or tender of payment, by the insured claimant anti authorized by the Company. 6. DETERMINATION AND PAYMENT OF LOSS (a) The liability of the Company under this policy shall in no case exceed the least of: ( i) the actual loss of the insured claimant; or ( ii) the amount of insurance stated in Schedule A. (b) The Company will pay, in addition to any loss insured against by this policy, all costs imposed upon an insured in litigation carried on by the Company for such insured, and all costs, attorneys' fees and expenses in litigation carried on by such insured with the written authorization of the Company. (c) When liability has been definitely fixed in accordance with the conditions of this policy, the loss or damage shall be payable within 30 days thereafter. Conditions and Stipulations Continued Inside Cover B 1005-7 RESIDENTIAL INFLATION ENDORSEWNT File No. 020119 Attached to Policy No. , ' 516254 Issued by COMMON'" FALTH LAND TITLE INSURANCE COMPANY A Reliance Group Holdings Company The Company, recognizing the current effect of inflation on real property valuation and intending to provide additional monetary protection to the Insured Owner named in said Policy, hereby modifies said Policy, as follows: 1. Notwithstanding anything contained in said Policy to the contrary, the amount of insurance provided by said Policy, as stated in Schedule A thereof, is subject to cumulative annual upward adjustments in the manner and to the extent hereinafter specified. 2. "Adjustment Date" is defined, for the purpose of this Endorsement, to be 12:01 a.m. on the first January 1 which occurs more than six months after the Date of Policy, as shown in Schedule A of the Policy to which this Endorsement is attached, and on each succeeding January 1. 3. An upward adjustment will be made on each of the Adjustment Dates, as defined above, by increasing the maximum amount of insurance provided by said Policy (as said amount may have been increased theretofore under the terms of this Endorsement) by the same percentage, if any, by which the United States Department of Commerce Composite Construction Cost Index (base period 1967) for the month of September immediately preceding exceeds such Index for the month of September one year earlier; provided, however, that the maximum amount of insurance in force shall never exceed 150% of the amount of insurance stated in Schedule A of said Policy, less the amount of any claim paid under said Policy which, under the terms of the Conditions and Stipulations, reduces the amount of insurance in force. There shall be no annual adjustment in the amount of insurance for years in which there is no increase in said Construction Cost Index. 4. In the settlement of any claim against the Company under said Policy, the amount of insurance in force shall be deemed to be the amount which is in force as of the date on which the insured claimant first learned of the assertion or possible assertion of such claim, or as of the date of receipt by the Company of the first notice of such claim, whichever shall first occur. 5. The coverage provided by this endorsement shall be effective only if one of the following conditions exists at Date of Policy: a. The land described in this policy is a parcel on which there is only a one -to -four family residential structure, including all improvements on the land related to residential use, in which the Insured Owner resides or intends to reside; or, b. The land consists of a residential condominium unit, together with the common elements appurtenant thereto and related to residential use thereof, in which the Insured Owner resides or intends to reside. This endorsement is made a part of said policy and is subject to the schedules, conditions and stipulations therein, except as modified by the provisions hereof. Nothing herein contained shall be construed as extending the effective date of said policy, unless otherwise expressly stated. Dated: August 14, 1989 at 4:45 P.M. Countersigned: By — Authorized Officer or Agent Form 2097 Residential Inflation Endorsement COMMONWEALTH LAND TITLE INSURANCE COMPANY �O��Ytf SysBy nPresident a „ W � Attest: tary ?4"4" NOTE: In connection with a future application for title insurance covering said land, reissue credit on premium charges (if applicable at all) will be allowed only upon the anginal face amount of insurance as stated in Schedule A of said Policy. ORIGINAL COMMON_ WEALTH ,.is sKetcn ;s orev,eeo as a courtesy the sole curcose or N r o n Ilavlllty �s assurnec U.WL.-�,ND asses;,n.c in �ecaung ;^e suc;e,.: proc_rry anc � o TITLE 1 LL COMPANY for !naccurac.es witrnn ;ne stcetcn. ieierence sncu.d ce mace to OIL Snohomish County a survey for furmer information. f^ CUSTOMER NO. VOL. PAGE ORDER NO He IIS- LOT 7 BLOCK - OUARTER/QUARTER SEC. TWP. RANGE LOT SIZE OF SAID PREMISES IS, COMMENCING ON THE NORTH LINE CONDITIONS AND STIPULATIONS (Continued) 7. LIMITATION OF LIABILITY No claim shall arise or be maintainable under this policy (a) if the Company, after having received notice of an alleged defect, lien or encumbrance insured against hereunder, by litigation or otherwise, removes such defect, lien or encumbrance or establishes the title, as insured, within a reasonable time after receipt of such notice; (b) in the event of litigation until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as insured, as provided in paragraph 3 hereof, or (c) for liability voluntarily assumed by an insured in settling any claim or suit without prior written consent of the Company. 8. REDUCTION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. No payment shall be made without producing this policy for endorsement of such payment unless the policy be lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company. 9. LIABILITY NONCUMULATIVE It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring either (a) a mortgage shown or referred to in Schedule B hereof which is a lien on the estate or interest covered by this policy, or (b) a mortgage hereafter executed by an insured which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy. The Company shall have the option to apply to the payment of any such mortgages any amount that otherwise would be payable hereunder to the insured owner of the estate or interest covered by this policy and the amount so paid shall be deemed a payment under this policy to said insured owner. 10. APPORTIONMENT If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of said parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each such parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement herein or by an endorsement attached hereto. 11. SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Company shall have settled a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which such insured claimant would have had against any person or property in respect to such claim had this policy not been issued, and if requested by the Company, such insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation and shall permit the Company to use the name of such insured claimant in any transaction or litigation involving such rights or remedies. If the payment does not cover the loss of such insured claimant, the Company shall be subrogated to such rights and remedies in the proportion which said payment bears to the amount of said loss. If loss should result from any act of such insured claimant, such act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against hereunder which shall exceed the amount, if any, lost to the Company by reason of the impairment of the right of subrogation. 12. LIABILITY LIMITED TO THIS POLICY This instrument together with all endorsements and other instruments, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. 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 covered hereby or any action asserting such claim, shall be restricted to the provisions and conditions and stipulations of this policy. No amendement of or endorsement to this policy can be made except by writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 13. NOTICES, WHERE SENT All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to Commonwealth Land Title Insurance Company, Eight Penn Center, Philadelphia, Pennsylvania 19103. NM 1 American Land Title Association Owner's Policy - 1970 - Form B (Rev. 10-17-70 and 10-17-84) Cover Page Form 1005-8 Valid Only If Schedules A and B Are Attached Q I� W �o H w y �� p Z a o [-� z = 0 O ~ h 02.E a aw ul p O z °j o as DEN U�PHY ��E September 13, 1989 0 AT L A W 2100 Westlake Center -Tower 1601 Fifth Avenue Seattle, WA 98101-1686 (206) 447-7000 FAX: (206) 447-0215 Ms. Jacqueline Parrett City Clerk City of Edmonds 250 - 5th, Civic Ctr. Edmonds, WA 98020 John D. Wallace R. Miller Adams Douglas E. Albright Carol D. Bernasconi Lee Corkrum Rosemary P. Bordlemay Wayne D. Tanaka Cameron G. Comfort G. Geoffrey Gibbs RobertT. Dollinger Larry C. Martin Milton H. Doumit, Jr. Robert G. Andre' David A. Ellenhorn Michael G. Wickstead Kathleen C. Healy Robert A. Kiesz William F. Joyce Steven A. Reisler Kent C. Meyer W. Scott Snyder Phillip C. Raymond Christopher A. Washington Theresa A. Rozzano James E. Haney Ellen M. Ryan Thomas W. Sexton III of Counsel Gil Sparks James A. Murphy David A. Steiner Karen Sutherland KarenM. Wiggum Charles D. Zimmerman Re: Acquisition of Property from Lindbloom (Public Works Facility) Dear Jackie: Enclosed please find the originals of the recorded Real Property Purchase and Sale Agreement and Statutory Warranty Deed in the transaction from Lindbloom to the City of Edmonds. These originals are for your records. I have kept copies for my file. Very truly yours, OG EN MURK James E. H JEH:crd enclosure cc: Peter Hahn JEH01796L;0006.17044 q, 0-0054 Wenatchee Office: 1 South Chelan Street, P. O. Box 1606, Wenatchee, WA 98807, (509) 662-1954, FAX: (609) 663-1553 0006.17044 JEH/crd 07/18/89 REAL PROPERTY PURCHASE AND SALE AGREEMENT (PARCEL C) THIS AGREEMENT is entered into between Philip S. and Florence Lindbloom, hereinafter referred to as "Seller," and the City of Edmonds, hereinafter referred to as "Purchaser," for the purposes herein mentioned. FOR AND IN CONSIDERATION of the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Description of Real Property. The Purchaser agrees to purchase, and the Seller agrees to sell that certain real property located at 7113 212th Street S. W., Edmonds, Washington, and more particularly described as Lot 7, Block 6, Seattle Heights Division #4, records of Snohomish County, Washington. 2. Purchase Price and Pavment Terms. The total purchase price to be paid by Purchaser is One Hundred Seventy - Five Thousand and no/100 Dollars ($175,000.00), payable in one lump sum at closing. 3. Condition of Title. Title to the property is to be free from all liens, encumbrances or defects, except those which may be waived in writing by Purchaser on or before the closing date. All nonapproved encumbrances and defects shall be discharged by Seller, at Seller's sole expense, and may be paid from Purchaser's payment made at closing, provided, however, that if Seller is unable to remove any liens, encumbrances or defects not approved by Purchaser, then this Agreement shall automatically terminate. 4. Representations and Warranties. Except as specifically provided in this Agreement, Purchaser agrees to purchase the property in its present condition on the terms noted. Any other provisions contained herein notwithstanding, Seller represents and warrants that: A. Seller has complied with all governmental platting and zoning laws, ordinances and regulations applicable to the property; B. Seller has no knowledge of or has received no claim or notice from any governmental agency of any violation of laws, ordinances or regulations relating to the property; JEH01670A -1- D �7D E 3/ -V o-e C. Seller has no knowledge of or has received no claim or notice of any governmental or judicial proceeding (threatened or actual) affecting the property; D. Seller warrants that to the best of Seller's knowledge no hazardous substance, dangerous waste or other material regulated by State or Federal laws or regulations has been unlawfully deposited upon the property; and E. Seller is the owner of the property, is authorized to sign this Agreement, and has the legal right to sell the property under the conditions set forth in this Agreement. 5. Conveyance. Seller shall convey title to the property by a statutory warranty deed free from any and all defects and encumbrances, except those that may be waived by Purchaser. 6. Closing Costs and Pro -Ration. Purchaser will pay the closing agent's escrow fees and all other closing costs not otherwise provided for. Purchaser agrees to pay the recording fees on Purchaser's deed. Seller agrees to pay all costs of clearing Seller's title and all title insurance policy premiums. Rents, real property taxes and utilities shall be pro -rated as of the date of closing. 7. Title Insurance. Seller shall provide Purchaser with an ALTA standard form owner's title insurance policy to be issued by Commonwealth Title Company and to be effective upon closing. The sale shall be contingent upon the title policy to be issued containing no exceptions other than those permitted under Paragraph 3 above. Seller authorizes closing agent to apply for a preliminary commitment for the policy after this Agreement is executed by the Purchaser. Purchaser shall be entitled to review the preliminary commitment. Within fourteen (14) business days of Purchaser's receipt of the preliminary commitment, Purchaser shall notify Seller in writing of any objections to the preliminary commitment, and Seller shall diligently attempt to satisfy such objections. Seller shall pay the cost of the policy and any cancellation charge. If, at the time set for closing, the policy cannot be obtained in accordance with this Agreement, then this Agreement shall automatically terminate, provided, however, that Purchaser may waive defects in title in writing and elect to purchase. JEHO1670A -2- 8. Possession. Seller shall deliver possession of the property to Purchaser at the time of closing. Seller shall have sixty (60) days from the date of closing to remove all of Seller's personal property from the premises, excluding any fixtures, which shall become the property of the Purchaser. 9. Default. If either party defaults (that is fails to perform the acts required of him) in his contractual performance herein the nondefaulting party may seek specific performance pursuant to the terms of this Agreement, damages, or rescission. 10. Closing. Thig sale shall be closed within thirty (30) days of the date Seller obtains proof of insurable title and after notice is given by the Purchaser of its execution of the Agreement. 11. Sale to Include Im rovements. This sale includes all improvements, structures and fixtures located on the subject property, with the exception of personal property which may be removed by the Seller. 12. Risk of Loss. If, prior to closing, the whole or any portion of the property is destroyed or materially damaged by fire or other casualty, then at Purchaser's option, either (a) this Agreement shall be terminated and all monies paid by Purchaser refunded to Purchaser; or (b) the parties shall proceed with the closing and Seller shall assign to Purchaser all insurance proceeds allocable to property. 13. Notices. All notices which may be or are required or permitted to be given by either party to the other party under this Agreement shall be in writing. All notices by a party to the other party shall be delivered personally or sent by United States mail, postage prepaid, addressed to the other party at the address set forth below, or such other address as the party to which the notice is sent may from time to time designate. If any notice is mailed, it shall be deemed given three (3) days following the date it is deposited in the mail (the date of mailing shall be counted as one of the three days). The postmark affixed shall be conclusive evidence of the date of mailing. 14. Binding Effect. This Agreement shall be recorded with the Snohomish County Auditor and shall be binding upon the parties, their successors in interest and assigns. 15. Closing Ageni. Closing shall be performed by Ogden Murphy Wallace. Seller acknowledges that they have been advised that Ogden Murphy Wallace is the City Attorney for the City of Edmonds and that Ogden Murphy Wallace JEH01670A -3- prepared this Agreement. Seller further acknowledges that no legal advice concerning this sale has or will be given to them by Ogden Murphy Wallace and that Seller has had ample opportunity to consult with an attorney of their choice and have either done so or waive the opportunity to do so. With full knowledge that Ogden Murphy Wallace is the City of Edmonds' attorney, Seller consents to Ogden Murphy Wallace acting as the closing agent for the purposes of the sale. 16. Survival and Indemnification. A. Except as specifically provided otherwise in this Agreement, the agreements, covenants, promises, representations and warranties contained in this Agreement or contained in any documents or instruments delivered pursuant to this Agreement shall fully survive closing and delivery of all documents and instruments delivered at or in connection with closing. B. Seller hereby indemnifies and holds Purchaser harmless from and against any and all losses, damages, liabilities, costs and expenses, including reasonable attorney's fees, incurred by Purchaser by reason of or arising out of any duties or liabilities of Seller which are not specifically or expressly assumed by Purchaser under this Agreement or which arise out of or are incurred by Seller or Purchaser by reason of the incorrectness or breach of any of Seller's representations and warranties contained in this Agreement. 17. Entire Agreement. This Agreement constitutes the entire agreement and understanding between Purchaser and Seller. There are no verbal or other agreements that modify or affect this Agreement. No representations or statements, oral or written, not made herein have induced execution of this Agreement or have any effect upon its validity. 18. Attorney's Fees. If either party hereto is required to retain an attorney to bring suit to enforce any provision of this Agreement, the prevailing party in such suit shall be entitled to reasonable attorney's fees. SELLER: PURCHASER:AITY OF EDMONDS L� 570PHILIP �:L l� •�i 'r Dated: _,/ - 1- 4 --3- Da JEH01670A -4- Sellers' Address: 22513 - 44th Avenue W. Mountlake Terrace, WA 98043 State of Washington) ) ss. County of Snohomish) ATTEST/AUTHENTICATED: (YZTY'CLERK, JACQUELINE PARRETT Purchaser Address: City of Edmonds 250 - 5th, Civic Center Edmonds, WA 98020 I certify that I know or have satisfactory evidence that Philip S. Lindbloom and Florence Lindbloom signed this instrument and acknowledged it to be their free and voluntary acts for the uses and purposes mentioned in the instrument.. 7 Dated:— / f Signature lof J , Notary Public: Commission Expires: le -(!I/ JEHO1670A -5- - --�-------------------- THIS SPAQ(;rr� ( ID bWr;1REC4ER'S USE: 89 AUG 14 PM 4- 45 Filed for Record at Request of pE.'i!i V. W'i!..I;,�M'� , :,!;'lTDic 5N ii0Mjsli LC',y*■ -Y. Sti. ; James E. Haney Ogden Murph Wallace Name .................................. ...--•--...........-e......................... ....... 2100 Westlake Center Tower 1601 Fifth Avenue Address ........... ....._. ' WA 98101-1686 - City and State.....Seattle....'__-- ................ i �2U � q - (3 ------------------------------------------ Statutory Warranty Deed r THE GRANTORS, Philip S. Lindbloom and Florence Lindbloom, as their y separate estate, for and in consideration of ten dollars ($10) and other valuable consideration, �yy in hand paid, conveys and warrants to City of Edmonds, a Washington municipal corporation -r the following described real estate, situated in the County of Snohomish , State of Washington: 7113 - 212th Street S.W., Edmonds, Washington, described as Lot 7, Block 6, Seattle Heights Division No. 4, according to the plat thereof recorded in Volume 9 of Plats, page 11, records of Snohomish County, Washington Dated this STATE OF WASHINGTON, Count of Y Snohomish da, P-Y yejclz, TAX �yy {�(� A U G c1 i J yl M On this day personally appeared before me Philip S . Lindbloom and Florence Lindbloom to me known to be the individuals described in and who executed the within and foregoing instrument, and acknowledged that they sigma ihi"Mas their free and voluntary act and deed, for the j5yf .Y uses and purposes therein mentiowor GIVEN under my han&aad offieial mal*".* /`5T day of "' otary Public for e State of Waskixgtox, ti residing at �th� r -.e Nn W-ORl • • i/ r /-' DEN RECEIVED Quy AUG 1 M' 1989 RT�� ACE ATTORNE Y S AT LAW Edmnnds City Clerk 2100 Westlake Center Tower John D. Wallace R- Miller Adams 1601 Fifth Avenue Douglas E. Albright Carol D Bernasconi Seattle, WA 98101-1686 Lee Corkrum Rosemary P. Bordlemay (206) 447-7000 FAX: (206) 447-0215 August 16, 1989 Mr. Peter Hahn Community Services Director City of Edmonds 250 - 5th, Civic Ctr. Edmonds, WA 98020 Re: Lindbloom to City of Edmonds Dear Peter: Wayne D. Tanaka G. Geoffrey Gibbs Larry C. Martin Robert G. Andre Michael G. Wickstead Robert A. Kiesz Steven A. Reisler W. Scott Snyder Christopher A. Washington James E. Haney of Counsel James A- Murphy Cameron G. Comfort Robert T. Dollinger Milton H. Doumit, Jr. David A- Ellenhorn Kathleen C. Healy William F. Joyce Kent C. Meyer Terry T. Preshaw Phillip C. Raymond Theresa A. Rozzano Ellen M. Ryan Thomas W. Sexton III Gil Sparks David A- Steiner Karen Sutherland Karen M. Wiggum Charles D. Zimmerman This is to advise you that the Lindbloom to Edmonds sale closed as scheduled on August 11, 1989 and that Commonwealth Land Title Company recorded the Purchase and Sale Agreement and Statutory Warranty Deed on August 14, 1989. The recording number for the Purchase and Sale •Agreement is 8908140431 and the recording number for the Warranty Deed is 8908140432. Once the auditor's office is through with the documents, they will return them to me and I will then forward them to Jackie Parrett for the City's permanent record. I am also enclosing a copy of my correspondence to Mr. and Mrs. Lindbloom enclosing the check for the sale proceeds. If you have any questions concerning this matter, please feel free to call me. Very truly yours, OGD N MURPHY WA LA James E. Hane ncl crd eosu enclosure cc: Jackie Parrett JEH01745L;0006.17044 Wenatchee Office: 1 South Chelan Street, P. 0. Box 1606, Wenatchee, WA 98607, (509) 662-1954, FAX: (509) 663-1553 CITY OF EDMONDS LARRY S NAUGHTEN CIVIC CENTER • EDMONDS. WA 98020 • (206) 775-2525 MAYOR 890-199i July 25, 1989 Mr. James-E. Haney Ogden Murphy Wallace 2100 Westlake Center Tower 1601 Fifth Ave. Se#jtle, WA 98101-1686 Dear Jim: Enclosed is the executed Real Property Purchase and Sale Agreement for the Lindbloom property. I hope you will provide me a copy of the recorded document and any other documentation I should have for the City files. Very truly yours, JACQUELINE G. PARRETT, CMC Edmonds City Clerk Encl. ■ Incorporated August 11, 1890 • DEN QUY AUMACE July 24, 1989 ATTORNEYS AT L A W 2100 Westlake Center Tower 1601 Fifth Avenue Seattle, WA 98101-1686 (206) 447-7000 FAX: (206) 447-0215 Ms. Jacqueline Parrett City Clerk City of Edmonds 250 - 5th, Civic Ctr. Edmonds, WA 98020 John D. Wallace R. Miller Adams Douglas E. Albright Carol D. Bernasconi Lee Corkrum Rosemary P. Bordlemay Wayne D. Tanaka Cameron G. Comfort G. Geoffrey Gibbs Robert T. Dollinger Larry C. Martin Milton H. Doumit, Jr. Robert G. Andre David A. Ellenhom Michael G. Wickstead Kathleen C. Healy Robert A. Kiesz William F. Joyce Steven A. Reisler Kent C. Meyer W. Scott Snyder Terry T. Preshow Christopher A. Washington Phillip C. Raymond James E. Haney Theresa A. Rozzano Ellen M. Ryan of Counsel Thomas W. Sexton III James A. Murphy Gil Sparks Re: Lindbloom to City of Edmonds (Public Works Shop) Dear Jackie: David A. Steiner Karen Sutherland Karen M. Wiggum Charles D. Zimmerman Enclosed is the original Real Property Purchase and Sale Agreement for the Lindbloom property, which Mr. and Mrs. Lindbloom signed Thursday. Please execute the Agreement on page 5 and obtain Mayor Naughten's signature on page 4. Once you have the signatures, please return the Agreement to me so that I can proceed to close the sale. You will note that the $175,000 purchase price is the price approved by the City Council at its last meeting. Thank you. Very truly yours, OG EN MURPHY WALLACE s JEH:crd , J enclosure cc: Peter Hahn JEH01682L;0006.17044 Wenatchee Office: 1 South Chelan Street, P. O. Box 1606, Wenatchee, WA 98807, (509) 662-1954, FAX: (509) 663-1553 PIONEER NATIONAi TITLE INSURANCE ATICOR COMPANY REVENUE STAMPS THIS SPACE RESERVED FOR RE ORFJEf�' Filed for Record at Request of John D. Wallace TO _._Ogden, Murphy & Wallace 2300 Westin Bldg. 2001 Sixth Ave. Seattle_, WA 98121 88NOY '"L � LA� aNp M: �� 3 q93S MIE Mrs► £ 4M5, g 0 ItpUry °UHrY. wa '. g i i ::�� 14� I-- I FORM L58 Statutory Warranty Deed THE GRANTOR , Anna E. Gordon, as her separate estate, for and in consideration of ten dollars ($10) and other valuable consideration, in hand paid, conveys and warrants to the City of Edmonds, a Washington municipal corporation, the following described real estate, situated in the County of Snohomish , State of Washington: 7125 - 212th Street S. W., Edmonds, Washington; described as Lot 8, Block'6, Seattle Heights Division No. 4, according to the plat thereof recorded in Volume 9 of Plats, Page 11, records of Snohomish County,'Washington Dated this ;22 ` STATE OF WASHfNG'IUNI f! ss. County of Snohomish NO EXCISE TAX REQUIRED C'10V '3 1988 Xl S, Snohomish Con Treasurer, By l7eputy On this day personally appeared before me day of 2 �)(SEAL) �Axana for on, as her_..separate fiS;EAL ;i ` • 1 a• ti to me known to be the individual described in and who executed the within and foregoing instcurnew and n acknowledged that she signed the same as her free.and voluntary act and deed;'for the' uses and purposes therein mentioned. Gl�'Eti under my hand and official seal this 1123A� 411030 0 42 day of otary !'ub i in and for t �oj�aqjf'31gton, r siding pl '(' Q �C1mml s s i n Ex e: 6' VVni T 890.199 CITY OF EDMONDS 2300 WESTIN BUILDING, 2001 SIXTH AVENUE • SEATTLE, WA 98121 (206) 448-4000 CITY ATTORNEY November 21, 1988 Jackie Parrett City Clerk City of Edmonds Civic Center Edmonds, Washington 98020 RE: Anna Gordon Property Purchase Dear Jackie: LARRY S. NAUGHTEN MAYOR Enclosed you will find the original of the Statutory Warranty Deed which has been recorded under Snohomish County Auditor's File No. 8811030042 and is recorded in, -Volume 2185, Page 0076. The original of this Deed should be placed in the City records. Very truly yours, OFF;CE F THE CITY ATTORNEY Jo D. Wallace JDW/naa Enclosure cc: Peter Hahn JDW00440L/0006.17044 m Incorporated August 11, 1890 m Sister Cities International — Hekinan, Japan HUk1 1 hi,iA tVFiM L-OU (:i-04) � Statutory Warranty Deed THE GRANTOR, Darlene McIntosh for and in consideration of ten dollars ($10) and other valuable consideration, in hand paid, conveys and warrants to the City of Edmonds, a Washington Municipal Corporation, the following described real estate, situated in the County of Snohomish , State of Washington: Lot 6, Block 6, Seattle Heights Division No. 4, according to the plat thereof recorded in Volume 9 of Plats, Page 11, Records of Snohomish County, Washington. d.� e 8 b, �o '/ i ell,' I G 7 IF/ Dated this �2 q 14 day of NO {{yyE�°��[[>,,�S E TAXLi t:,r�G.�� 1��7 lJepu.y By ........................................................... A ... . ... I .. .......... 0. . ........... 414 & Darlene McIntosh, as her separate estate By.................................................................... By .......................................... ..................... ......,........... STATE OF WASHINGTON COUNTY OF Spghomi.sh ss On this day personally appeared before me Darlene McIntosh .................................................................. to me known to be the individual described in and who executed the within and foregoing instrument, and ackno age at kZz... signed the same as ta..Qnd voluntary act and deed, for the uses and parBvseY'IkWin mentioned. GIVEN:u+ndr9�r ni•,hand and official seaHis is Y.t l (day of .,:...�.k,1.. ... :.......... . 19 ' Notary Public 7n an4 foy the State of Washington, residin at ` • � My appointmeni;expires on ........ .. .......... LPB Na. 1D STATE OF WASHINGTON COUNTY OF .................................. s Onthis ........ day of .... :....................... ........ ........................ . 19 ........ , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared ............................................... and...................................................,........................................... to me known to be the ...................... President and ...................... Secretary, respectively, of......................................................................... ........... the corporation that executed the foregoing instrument, and acknowledged the said in- strument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that ............ :.................... authorized to executed the said instrument and that the seal affixed is the corporate seal of said corporation. Witness my hand and official seal hereto affixed the day and year first above written. Notary Public in and for the State of Washington, residing at .............................. ............................. I.................... My appointment expires on ................................ Issued with policy No. POLICY OF TITLE INSURANCE COMMONWEALTH IANDTITLE INSURANCE COMPANY POLICY NUMBER A Reliance Group Holdings Company 115-347457 SCHEDULE A Amount of Insurance: $ 151,772.00 File No. 013289 Premium: $589.00 Date of Policy: May 26, 1988 at 4:14 P M- 1. Name of Insured: The City of Edmonds, a Washington RZunicipal Corporation 2. The estate or interest in the land described herein and which is covered by this policy is FEE SIlulpr,E and is at Date of Policy vested in: The named insured 3. The land referred to in this policy is described in the said instrument, is situated in the County of SNOHOMISH State of VMSHINGTON and is identified as follows: Lot 6, Block 6, Seattle Heights, Division Four, According to the plat thereof recorded in Volume 9 of Plats, page 11, records of Snohomish County, Washington. Countersigned: COMMONWEkLTH LAND TITLE INSURANCE COMPANY A Reliance Group Holdings Company OWNER'S POLICY OF TITLE INSURANCE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania corporation, herein called the company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and cost, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; 2. Any defect in or lien or encumbrance on such title; 3. Lack of a right of access to and from the land; or 4. Unmarketability of such title. IN WITNESS WHEREOF, the Commonwealth Land Title Insurance Company has caused'its corporate name and seal to be hereunto affixed by its duly authorized officers, the Policy to become valid when Schedule A is countersigned by an authorized officer or agent of the Company. COMMONWEALTH LAND TITLE INSURANCE COMPANY Attest: �) 4� /� Secretary BY <J President EXCLUSIONS FROM- COVERAGE The following matters are expressly excluded from the coverage of this policy: (a) Governmental police power. (b) Any law, ordinance or _governrrtental regulation relating to environmental protection. (c) Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part. (d) The effect of any violation of the'matters excluded under (a), (b) or (c) above, unless notice of a defect, lien or encumbrance resulting from a violation has been recorded at Date of Policy in those records in which under state statutes deeds, mortgages, lis pendens, liens or other title encumbrances must be recorded in order to impart constructive notice to purchasers of the land for value and without knowledge; provided, however, that without limitation, such records shall not be construed to include records in any of the offices of federal, state or local environmental protection, zoning, building, health or public safety authorities. 2. Rights of eminent domain unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in' writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. American Land Title Association Owner's F •y — 1970 — Form B (Rev. 10-17-70 and 10-17-84) B 1005-G Policy No. 115-347457 SCHEDULE B File No. 013289 This policy does not insure against loss or damage by reason of the following: Encroachments or questions of location, boundary and area, which an accurate survey may disclose; public or private easements, streets, roads, alleys or highways, unless disclosed of record by recorded Plat or conveyance, or decree of a Court of record; rights or claims of persons in possession, or claiming to be in possession, not disclosed by the public records; material or labor liens or liens under the Workmen's Compensation Act not disclosed by the public records; water rights or matters relating thereto; any service, installation or construction charges for sewer, water, electricity, or garbage collection and disposal. 2. Reservations and exceptions in United States Patents or in Acts authorizing the issuance thereof, right of use, control or regulation by the United States of America in the exercise of powers over navigation; any prohibition or limitation on the use, occupancy or improvement of the land resulting from the rights of the public or riparian owners to use any waters which may cover the land or to use any portion of the land which is now or may formerly have been covered by water. I General taxes not now payable; matters relating to special assessments and special levies, if any, preceding the same becoming a lien. 4. GENERAL TAXES: Year: Amount billed: Amount paid: Amount due: Tax Account No.: Assessed Value: sla 1st half delinquent May 1; 1988 $1,314.20 $657.10 $657.10 5669-006-006-0002 $116,600.00 2nd half delinquent ent November 1. END OF SCHEME B American Land Title Association Owner's Policv Form B c,.,.... inn: 1 1 --1, ., - 1 i:: __.:-.. ,-- CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company may have had against the named insured, those who succeed to the interest of such insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal represen- tatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant": an insured claiming loss or damage hereunder. (c) "knowledge": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of any public records. (d) "land": the land described, specifically or by reference in Schedule A, and improvements affixed thereto which by law constitute real property; provided, however, the term "land" does not include any property beyond the lines of the area specifically described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (f) "public records": those records which by law impart con- structive notice of matters relating to said land. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE The coverage of this policy shall continue in force as of Date of Policy in favor of an insured so long as such insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase 'money mortgage given by a purchaser from such insured, or so long. as such insured shall have liability by reason of covenants of warranty made by such insured in any transfer or conveyance of such estate -or interest; provided, however, this policy shall not continue in force in favor of any purchaser from such insured of either said estate or interest or the indebtedness secured by a pur- chase money mortgage given to such insured. 3. DEFENSE AND PROSECUTION OF ACTIONS —NOTICE OF CLAIM TO BE GIVEN BY AN INSURED CLAIMANT (a) The Company, at its own cost and without undue delay, shall provide for the defense- of an insured in all litigation consisting of actions or proceedings commenced against such insured, or a defense interposed against an insured in an action to enforce a contract for a sale of the estate or interest in said land, to the extent that such litigation is founded upon an alleged defect, lien, encumbrance, or other matter insured against by this policy. (b) The insured shall notify the Company promptly in writing (i) in case any action or proceeding is begun or defense is inter- posed as set forth in (a) above, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is ad- verse to the title to the estate or interest, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is rejected as unmarketable. If such prompt notice shall not be given to the Company, then as to such insured all liability of the Company shall cease and terminate in regard to the matter or matters for which such prompt notice is required; provided, however, that failure to notify shall in no case prejudice the rights of any such insured under this policy unless the Company shall be prejudiced by such failure and then only to the extent of such prejudice. (c) The Company shall have the right at its own cost to institute and without undue delay prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as insured, and the Company may take any appropriate action under the terms of this policy, whether or not it shall be liable thereunder, and shall not thereby concede liability or waive any provision of this policy. (d) Whenever the Company shall have brought any action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any such litigation to final deter- mination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judg- ment or order. (e) In all cases where this policy permits or requires the Com- pany to prosecute or provide for the defense of any action or pro- ceeding, the insured hereunder shall secure to the Company the right to so prosecute or provide defense in such action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such insured for such purpose. Whenever requested by the Company, such insured shall give the Company all reasonable aid in any such action or proceeding, in effecting settlement, securing evidence, obtaining witnesses, or prosecuting or defending such action or proceeding, and the Company shall reimburse such insured for any expense so incurred. 4. NOTICE OF LOSS — LIMITATION OF ACTION In addition to the notices required under paragraph 3(b) of these Conditions and Stipulations, a statement in writing of any loss or damage for which it is claimed the Company is liable under this policy shall be furnished to the Company within 90 days after such loss or damage shall have been determined and no right of action shall accrue to an insured claimant until 30 days after such statement shall have been furnished. Failure to furnish such statement of loss or damage shall terminate any liability of the Company under this policy as to such loss or damage. 5. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS The Company shall have the option to pay or otherwise settle for or in the name of an insured claimant any claim insured against or to terminate all liability and obligations of the Company hereunder by paying or tendering payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses in- curred up to the time of such payment or tender of payment, by the insured claimant and authorized by the Company. 6. DETERMINATION AND PAYMENT OF LOSS (a) The liability of the Company under this policy shall in no case exceed the least of: ( i) the actual loss of the insured claimant; or ( ii) the amount of insurance stated in Schedule A. (b) The Company will pay, in addition to any loss insured against by this policy, all costs imposed upon an insured in litigation carried on by the Company for such insured, and all costs, attorneys' fees and expenses in litigation carried on by such insured with the written authorization of the Company. (c) When liability has been definitely fixed in accordance with the conditions of this policy, the loss or damage shall be payable within 30 days thereafter. Conditions and Stipulations Continued Inside Cover B •10QY5-7 ( OMMONWEALJ ►-i asss: c. ,c,__^..g nes c-ec o �.�e• ._ ,.c ac r.'sassur eN LA.'\D T11 LE COMP.-�.tiY `.or -rP- :J'BJeS ` amn me 5 2iCn, Rete'erre snouiC ^.e'nape'v Of S n co o C1` isle C o u n,,V e su'vey or 'urtner iniormation. JRDER NO. '.� CUSTOMER NO. °t- LOT V0L. � BLOCK E SLATi� rtr�),11 t DUARTER/QUARTER SEC. TWP. RANGE _OT SIZE OF SAID PREMISES IS, COMMENCING ON THE NORTH LINE /1Cs.� •r.R i� -.0 _ ---� &{ ow � . �i n+ � • � a�nr o .sr<O /4 / 0 of .3 . or , 1 n f �21 � • l 1 kT � y7 n � Jai ar3 O Jra.o I V � b k 0 - ,�,� I ro.s 7 CONDITIONS AND STIPULATIONS (Continued) 7. LIMITATION OF LIABILITY No claim shall arise or be maintainable under this policy (a) if the Company, after having received notice of an alleged defect, lien or encumbrance insured against hereunder, by litigation or otherwise, removes such defect, lien or encumbrance or establishes the title, as insured, within a reasonable time after receipt of such notice; (b) in the event of litigation until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as insured, as provided in paragraph 3 hereof; or (c) for liability voluntarily assumed by an insured in settling any claim or suit without prior written consent of the Company. 8. REDUCTION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tantm No payment shall be made without producing this policy for endorsement of such payment unless the policy be lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company. 9. LIABILITY NONCUMULATIVE It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring either (a) a mortgage shown or referred to in Schedule B hereof which is a lien on the estate or interest covered by this policy, or (b) a mortgage hereafter executed by an insured which is a charge or lien on the estate or interest described or referred to in Schedule A. and the amount so paid shall be deemed a payment under this policy. The Company shall have the option to apply to the payment of any such mortgages any amount that otherwise would be payable hereunder to the insured owner of the estate or interest covered by this policy and the amount so paid shall be deemed a payment under this policy to said insured owner. 10. APPORTIONMENT If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established afrecdng one or more of said parcels but not al!, (he loss shall be computed and settled on a pro rasa basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each such parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement herein or by an endorsement attached hereto. 11. SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Company shall have settled a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all tights and remedies which such insured claimant would have had against any person or property in respect to such claim had this policy not been issued, and if requested by the Company, such insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation and shall permit the Company to use the name of such insured claimant in any transaction or litigation involving such rights,or remedies. If the payment does not cover the loss of such insured claimant, the Company shall be subrogated to such rights and remedies in the proportion which said payment bears to the amount of said loss. If loss should result from any act of such insured claimant, such act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any lasses insured against hereunder which shall exceed the amount, if any, lost to the Company by reason of the impairment of the right of subrogation. 12. LIABILITY LIMITED TO THIS POLICY This instrument together with all endorsements and other instruments, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. 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 covered hereby or any action asserting such claim, shall be restricted to the provisions and conditions and stipulations of this policy. No amendement of or endorsement to this policy can be made except by writing endorsed'hcreon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 13. NOTICES, WHERE SENT All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to Commonwealth Land Title Insurance Company, Eight Penn Center, Philadelphia, Pennsylvania 19103. PA10 NM I American Land Title Association Owner's Policy - 1970 - Form B (Rev. 10-17-70 and 10-17-84) Cover Pare Form 1005-8 Y Valid Only If Schedules A and B Are Attached zC o� z� o �CL u M CA ULLI IL Cd H w a b d o y U a st W z w gppo O H _ 24 U m 0-4H Q {y = o N r d 3 00 O o U r rr TILOR TITLE J INSURANCE Filed for Record at Request ❑ f —3�R AFTER RECORDING MAIL TO: THIS SPACE RESERVED FOR RECORDER'S USE: • ' REVE�E AMp'S e-f CID CID C- f r-3 C. James E. Haney ; r Ogden, Ogden, Murphy & Wallace 0 :0 2300 Westin Bldg. 2001 Sixth Ave. a' + Seattle, WA 98121 A� FORM L-58 (3-84) Statutory Warranty Deed 0� THE GRANTOR , Darlene McIntosh, as her separate estate for and in consideration of ten dollars ($10) and other valuable consideration, in hand paid, conveys and warrants to the City of Edmonds, a Washington Municipal Corporation, the following described real estate, situated in the County of Snohomish , State of Washington: The East 104 feet of Lots 9 and 10, Block 6, Seattle Heights Division No. 4, according to the plat thereof recorded in Volume 9 of Plats, Page 11, Records of Snohomish County, Washington. C10 EXCISE: TAX REQUIRE o sa n7 7 ` Oeputy Dated this day of By.................................................................... By ,�.... cl!. . A/ Darlene McIntosh, as her separate estate By....... ......................................................... .... By................................................................................. STATE OF WASHINGTON COUNTY OF ,Snohomish I ss On this day personally appeared before me Darlene McIntosh ......................................................... . .. . ... to me known to be the individual described in and who executed the •thin and foregoing instrument, and ackn wl e`' ' signed the same as f.. ..........: f a;s! an�.voluntary act and deed, for the ti a' }iurpogs ihe;reitx mentioned. •y�' . •' C�IVEI�f' rs . er 'my hand and official seal this y! day"Q�.,;:. . ................ . f9... ' Notary Aublic in and for the State of Washington, reaidingat .-.........ff'l /...... . li+Iyappointmentexpireson ......�.-...� ....... LPB No. 10.1' •• 05260378 STATE OF WASHINGTON COUNTY OF ss Onthis ........ day of............................................................ . 19-...-... , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared ............................................... and to me known to be the ...................... President and ...................... Secretary, respectively, of......................................................................................... the corporation that executed the foregoing instrument, and acknowledged the said in- strument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that ................................. authorized to executed the said instrument and that the seal affixed is the corporate seal of said corporation. Witness my hand and official seal hereto affixed the day and year first above written. ................................................................................. .. ... ,.. Notary Public in and for the State ofWashington, residing at ............I ................ Issued with policy No. POLICY OF TITLE INSURANCE COMMONWEALTH LAND TITLE INSURANCE COMPANY A Reliance Group Holdings Company SCHEDULE A Amount of Insurance: $ 81,727.75 Premium: $431.00 Date of Policy: May 26, 1988 1. Name of Insured: The City of Edmonds, a Washington Municipal Corporation POLICY NUMBER 115-347458 File No. 013290 , at 4:14 P. M. 2. The estate or interest in the land described herein and which is covered by this policy is FEE SIMPLE and is at Date of Policy vested in: The named insured 3. The land referred to in this policy is described in the said instrument, is situated in the County of SNOHOMISH State of VWBI JGTON and is identified as follows: The East 104 feet of Lots 9 and 10, Block 6, Seattle Heights Division Four, According to the plat thereof recorded in Volume 9 of Plats, page 11, records of Snohomish County Washington. Countersigned: Au PA 10 Officer or Agent COMMONWEALTH LAND TITLE INSURANCE COMPANY A Reliance Group Holdings Company OWNER'S POLICY OF TITLE INSURANCE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania corporation, herein called the company, insures, as of Date of Policy shown in Schedule A, against Ioss or damage, not exceeding the amount of insurance stated in Schedule A, and cost, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; 2. Any defect in or lien or encumbrance on such title; 3. Lack.of a right of access to and from the land; or 4. Unmarketability of such title. IN WITNESS WHEREOF; the Commonwealth Land Title Insurance Company has -caused its:corporate name and seal. to be•hc.reunto affixed by its duly authorized officers, the Policy to become valid when Schedule A is countersigned by an authorized -officer or agent of the Company. COMMONWEALTH LAND TITLE INSURANCE COMPANY Attest: �400 �) G Secretary By President EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: (a) Governmental police power. (b) Any law, ordinance or governmental regulation relating to environmental protection. (c) Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part. (d) The effect of any violation of the matters excluded under (a), (b) or (c) above, unless notice of a defect, lien or encumbrance resulting from a violation has been recorded at Date of Policy in those records in which under state statutes deeds, mortgages, lis pendens, liens or other title encumbrances must be recorded in order to impart constructive notice to purchasers of the land for value and without knowledge; provided, however, that without limitation, such records shall not be construed to include records in any of the offices of federal, state or local environmental protection, zoning, building, health or public safety authorities. 2. Rights of eminent domain unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. ,Arperican Land Title Association Owner's ' y — 1970 — Form B (Rev. 10.-17-70 and 10-17-84) Policy No. 115-347458 SCHEDULE B File No. 013290 This policy does not insure against loss or damage by reason of the following: Encroachments or questions of location, boundary and area, which an accurate survey may disclose; public or private easements, streets, roads, alleys or highways, unless disclosed of record by recorded Plat or conveyance, or decree of a Court of record; rights or claims of persons in possession, or claiming to be in possession, not disclosed by the public records; material or labor liens or liens under the Workmen's Compensation Act not disclosed by the public records; water rights or matters relating thereto; any service, installation or construction charges for sewer, water, electricity, or garbage collection and disposal. 2. Reservations and exceptions in United States Patents or in Acts authorizing the issuance thereof, right of use, control or regulation by the United States of America in the exercise of powers over navigation; any prohibition or limitation on the use, occupancy or improvement of the land resulting from the rights of the public or riparian owners to use any waters which may cover the land or to use any portion of the land which is now or may formerly have been covered by water. 3. General taxes not now payable; matters relating to special assessments and special levies, if any, preceding the same becoming a lien. 4. G!Mn . TAXES: 1st half Year: Amount billed: Amount paid: Amount due: Tax Account No.: Assessed Value: sla delinquent May 1; 1988 $843.07 $421.54 $421.54 5669-006-009-0306 $74,800.00 American Land Title Association Owner's Policy — Form B Forth 100_Z.1 c,-Iw,l'ldo dl - W;!tihiw,lnn 2nd half delinquent November 1. CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company may have had against the named insured, those who succeed to the interest of such insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal represen- tatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant": an insured claiming loss or damage hereunder. (c) ",knowledge": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of any public records. (d) "land": the land described, specifically or by reference in Schedule A, and improvements affixed thereto which by law constitute real property; provided, however, the term "land" hoes not include any property beyond the lines of the area specifically described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (f) "public records": those records which by law impart con- structive notice of matters relating to said land. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE The coverage of this policy shall continue in force as of Date of Policy in favor of an insured so long as such insured retains an estate or interest in the land, or holds an indebtedness secured by a Purchase money mortgage given by a purchaser from such insured, or so long as such insured shall have Iiability by reason of covenants of warranty made by such insured in any transfer or conveyance of such estate or interest; provided, however, this policy shall not continue in force in favor of any purchaser from such insured of either said estate or interest or the indebtedness secured by a pur- chase money mortgage given to such insured. DEFENSE AND PROSECUTION OF ACTIONS — NOTICE OF CLAIM TO BE GIVEN BY AN INSURED CLAIMANT (a) The Company, at its own cost and without undue delay, shall provide for the defense of an insured in all litigation consisting of actions or proceedings commenced against such insured, or a defense interposed against an insured in an action to enforce a contract for a sale of the estate or interest in said land, to the extent that such litigation is founded upon an alleged defect, lien, encumbrance, or other matter insured against by this policy. (b) The insured shall notify the Company promptly in writing (i) in case any action or proceeding is begun or defense is inter- posed as set forth in (a) above, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is ad- verse to the title to the estate or interest, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is rejected as unmarketable. If such prompt notice shall not be given to the Company, then as to such insured all liability of the Company shall cease and terminate in regard to the matter or matters for which such prompt notice is required; provided, however, that failure to notify shall in no case prejudice the rights of any such insured under this policy unless the Company shall be prejudiced by such failure and then only to the extent of such prejudice. (c) The Company shall have the right at its own cost to institute and without undue delay prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as insured, and the Company may take any ;appropriate action under the terms of this policy, whether or not it shall be liable thereunder, and shall not thereby concede liability or waive any provision of this policy. (d) Whenever the Company shall have brought any action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any such litigation to final deter- mination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judg- ment or order. (e) In all cases where this policy permits or requires the Com- pany to prosecute or provide for the defense of any action or pro- ceeding, the insured hereunder shall secure to the Company the right to so prosecute or provide defense in such action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such insured for such purpose, Whenever requested by the Company, such insured shall give the Company all reasonable aid in any such action or proceeding, in effecting settlement, securing evidence, obtaining witnesses, or prosecuting or defending such action or proceeding, and the Company shall reimburse such insured for any expense so incurred. 4. NOTICE OF LOSS — LIMITATION OF ACTION In addition to the notices required under paragraph 3(b) of these Conditions and Stipulations, a statement in writing of any loss or damage for which it is claimed the Company is liable under this policy shall be furnished to the Company within 90 days after such loss or damage shall have been determined and no right of action shall accrue to an insured claimant until 30 days after such statement shall have been furnished. Failure to furnish such statement of Ioss or damage shall terminate any liability of the Company under this policy as to such loss or damage. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS The Company shall have the option to pay or otherwise settle for or in the name of an insured claimant any claim insured against or to terminate all liability and obligations of the Company hereunder by paying or tendering payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses in- curred up to the time of such payment or tender of payment, by the insured claimant and authorized by the Company. 6. DETERMINATION AND PAYMENT OF LOSS (a) The liability of the Company under this policy shall in no case exceed the least of: ( i) the actual loss of the insured claimant; or ( ii) the amount of insurance stated in Schedule A. (b) The Company will pay, in addition to any loss insured against by this policy, all costs imposed upon an insured in litigation carried on by the Company for such insured, and all costs, attorneys' fees and expenses in litigation carried on by such insured with the written authorization of the Company. (c) When liability has been definitely fixed in accordance with the conditions of this policy, the loss or damage shall be payable within 30 days thereafter. Conditions and Stipulations Continued Inside Cover B 1005-7 t. C01.--1 MONWEALi '1-i Z��:� N LAND TITLE COMA AN :gar G vS NI'""r' :-e s,e:cn �P,t Of Inior�,auon. Snohomisn County= � �ve�• `�� ORDER NO. 15 Ro CUSTOMER NO. 000L1, 1 Cq VOL- _ c1 PAGE -� PLAT �� ► 1 LOT-� BLOCK QUARTER/QUARTER SEC. TWR RANGE LOT SIZE OF SAID PREMISES IS, COMMENCING ON THE NORTH LINE ' I D�. DO —� — �•rw - — — — 21M. ST S. W 02 I J 7 s 1 1 I ! i'' i 212th ST. - -S.W — SEATTLE HEIGHTS DIV. NO.4 01 Io 02 r 03 -- — s I T-' �• s e I !� I— 03 - C2 0 02 i /D 1 •J7 I� e3 f f� ! r V C+ I ~. (5669) NOTE: J O J�, DOC., Y6 This is not a su►rey, it is a parch map used for bcahon of property only CONDITIONS AND STIPULATIONS (Continued) 7. LIMITATION OF LIABILITY No claim shall arise or be maintainable under this policy (a) if the Company, after having received notice of an alleged defect, lien or encumbrance insured against hereunder, by litigation or otherwise, removes such defect, lien or encumbrance or establishes the title, as insured, within a reasonable time after receipt of such notice; (b) in the event of litigation until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title; as insured, as provided in paragraph 3 hereof; or (c) for liability voluntarily assumed by an insured in settling any claim or suit without prior written consent of the Company. 8. REDUCTION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. No payment shall be made without producing this policy for endorsement of such payment unless the policy be lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company. 9. LIABILITY NONCUMULATIVE It is expressly understood that the amount of insurance under this policy shall be mdured by any amount the Company may pay under any policy Ensuring either (a) a mortgage shown or referred to in Schedule 8 hereof which is a lien on the estate or interest covered by this policy, or (b) a mortgage hereafter executed by an insured which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy. The Company shall have the option to apply to the payment of any such mortgages any amount that otherwise would be payable hereunder to the insured owner of the estate or interest covered by this policy and the amount so paid shall be deemed a payment under this policy to said insured owner. 10. APPORTIONMENT If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of said parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rasa as to the Value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each such parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement herein or by an endorsement attached hereto. 11. SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Company shall have settled a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which such insured claimant would have had against any person or property in respect to such claim had this policy not been issued, and if requested by the Company, such insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation and shall permit the Company to use the name of such insured claimant in any transaction or litigation involving such rights -or remedies. If the payment does not cover the loss of such insured claimant, the Company shall be subrogated to such rights and remedies in the proportion which said payment bears to the amount of said loss. If loss should result from any act of such insured claimant, such act shall not void this policy, but the Company, in that event, shall be. required to pay only that part of any losses insured against hereunder which shall exceed the amount, if any, lost to the Company by reason of the impairment of the right of subrogation. 12. LIABILITY LIMITED TO THIS POLICY This instrument together with all endorsements and other instruments, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. 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 covered hereby or any action asserting such claim, shall be restricted to the provisions and conditions and stipulations of this policy. No amendement of or endorsement to this policy can be made except by writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 13. NOTICES, WHERE SENT All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to Commonwealth Land Title Insurance Company, Eight Penn Center, Philadelphia, Pennsylvania 19103. PA10 NM I American Land Title Association Owner's Policy - 1970 - Form B (Rev. 10-17-70 and 10-17-84) Cover Page Form 1005-8 Valid Only If Schedules A and B Are Attached z 0 °o y iYi C �+• W ~ W W � Z ` I— C _ Z zd W a 0 CDLU Z O�� _ � J �FQ wa � O N 0 V JAMES A. MURPHY JOHN D- WALLACE DOUGLAS E. ALBRIGHT LEE CORKRUM WAYNE D. TANAKA G. GEOFFREY GIBBS LARRY C- MARTIN ROBERT G. ANDRE MICHAEL G. WICKSTEAD ROBERT A KIESZ STEVEN A REISLER W. SCOTT SNYDER CHRISTOPHER A. WASHINGTON RAYMOND D. OGDEN (1876-1972) RONALD A. MURPHY (1930-1983) OF COUNSEL RAYMOND D OGDEN, JR LAW OFFICES OF OGDEN, OGDEN, MURPHY & WALLACE CAROL D BERNASCONI 2300 WESTIN BUILDING ROSEMARY P. BORDLEMAY 2001 SIXTH AVENUE CAMERON G. COMFORT ROBERT T. DOLLINGER SEATTLE, WASHINGTON 98121 DAVID A. ELLENHORN (206) 448-4000 JAMES E. HANEY WILLIAM F. JOYCE MITCHELL V. MAURER KENT C. MEYER TELEX: 2B7941 OGDN LIR PHILLIP C. RAYMOND TELECOPIER: (206) 448-2163 ELLEN M RYAN MARK V. WATANABE KAREN M. 1 SOUTH CHELAN STREET CHARLES D. ZIMMERMAN D. ZIMM P.O BOX 1606 WENATCHEE, WASHINGTON 96807 (509) 662-1954 TELECOPIER: (509) 663-1553 RECEIVED PLEASE REPLY TO SEATTLE OFFICE 1 4 1988 June 13, 1988 ,SUN Community Ser*09 bit Mr. Peter Hahn Community Services Director City of Edmonds Civic Center Edmonds, WA 98020 Re: New Public Works Facility -- Parcels B & G (McIntosh) Dear Mr. Hahn: Enclosed please find title insurance policies 115-347457 and 115-347458 issued by Commonwealth Land Title Insurance Company for the above referenced parcels. As you will note, the only exception on the title report is the second half 1988 taxes. I have written to the Snohomish County Assessor advising them that the sale was to a municipality and asking that they remove the property from the tax rolls. Hopefully, the City will not be required to pay this second half. Also enclosed are the original deeds for the two properties acquired, which I just received from the County Auditor. These should be kept with other deeds in the City's records. If you have any questions, please don't hesitate to contact me. very truly yours, OG N, OGDE c James E. Ha JEH:crd enclosure JEH00864L;0006.17044 ,LACE 00 ' "TY CLERK CIVIC CENTER l v EDMONDS, WA 98020 OPTION TO PURCHASE REAL PROPERTY (Parcel B) �+ THIS AGREEMENT is entered into between Darlene McIntosh, Cc hereinafter referred to as "Seller," and the City of Edmonds, hereinafter referred to as "Purchaser," for the purposes herein r-.q mentioned. FOR AND IN CONSIDERATION OF the mutual benefits and conditions hereinafter contain, the parties hereto agree as follows: Q 1. Grant of Option. 00 A. Seller hereby grants to Purchaser the exclusive 30 right and option to purchase that certain real property located at 7105 - 212th Street S.W., Edmonds, Washington, and more particularly described as Lot 6, Block 6, Seattle- Heights Division No. 4, records of Snohomish County, Washington. This option must be exercised by Purchaser on or before 5:00 PM, July 31, 1988, after which this r� option shall terminate and expire. Purchaser may ercise this option by giving written notice of �• such exercise to Seller. Such notice shall be delivered in accordance with Paragraph 13 below. 7` C.', Purchaser agrees to pay to Seller a nonrefundable advance on the purchase price of $500.00 as consideration for this option. If Purchaser exercises this option, the nonrefundable advance shall be applied to the purchase price provided for in Paragraph 2. If Purchaser does not exercise this option, the nonrefundable advance shall be forfeited to Seller and Purchaser shall have no further rights or interests in the Property or the advance. 40 EXCISE TAX REQUIRED2. Purchase Price and Payment Terms. APR 14 1988 The 'total purchase price to be paid by Purchaser is one hundred fifty one thousand seven hundred seventy two [RS nehamish County Treasuredollars ( $151, 77.2.00) , payable in one lump sum at losing, less the nonrefundable advance. Deputy 3. Condition of Title. Title to the property is to be free from all liens, encumbrances or defects, except those which may be waived in writing by Purchaser on or before the closing date. All nonapproved encumbrances and defects shall,be JEH00641A;0006.17044 discharged by Seller, at Seller's sole expense, and may be paid from Purchaser's payment made at closing, provided, however, that if Seller is unable to remove any liens, encumbrances or defects not approved by Purchaser, then this Agreement shall automatically terminate. 4. Representations and Warranties. Except as specifically provided in this Agreement, Purchaser agrees to purchase the property in its present condition on the terms noted. Any other provisions contained herein notwithstanding, Seller represents and warrants that: A. Seller has complied with all governmental platting and zoning laws, ordinances and regulations applicable to the property; B. Seller has no knowledge of or has received -no claim or notice from any governmental agency of any violation of laws, ordinances or regulations relating to the property; C. Seller has no knowledge of or has received no claim or notice of any governmental or judicial proceeding (threatened or actual) affecting the property; D. Seller warrants that to the best of Seller's knowledge no hazardous substance, dangerous waste or other material regulated by State or Federal laws or regulations has been unlawfully deposited upon the property; and E. Seller is the owner of the property, is authorized to sign this Agreement, and has the legal right to sell the property under the conditions set forth in this Agreement. 5. Conveyance. Seller shall convey title to the property by statutory warranty deed free from any and all defects and encumbrances, except those that may be waived by Purchaser. 6. Closina Costs and Pro -Ration. Purchaser will pay the closing agent's escrow fees and all other closing costs not otherwise provided for. Purchaser agrees to pay the recording fees on Purchaser's deed. Seller agrees to pay all costs of clearing Seller's title and all title insurance policy 8041401 @Z -2_ u OL. 213 3 PAGE 13 9 8 JEH00641A;0006.17044 premiums. Rents, real property taxes and utilities shall be pro -rated as of the date of closing. 7. Title Insurance. Seller shall provide Purchaser with an ALTA standard form owner's title insurance policy to be issued by Commonwealth Title Company and to be effective upon closing. The sale shall be contingent upon the title policy to be issued containing no exceptions other than those permitted under Paragraph 3 above. Seller shall, within ten (10) days after the option is exercised by Purchaser, apply for a preliminary commitment for the policy. Purchaser shall be entitled to review the preliminary commitment. Within fourteen (14) business days of Purchaser's receipt of the preliminary commitment, Purchaser shall notify Seller in writing of any objections to the preliminary commitment, and Seller shall diligently attempt to satisfy such objections. Seller shall pay the cost of the policy -and any cancellation charge. If, at the time set for closing, the policy cannot be obtained in accordance with this Agreement, then this Agreement shall automatically terminate, provided, however, that Purchaser may waive defects in title in writing and elect to purchase. 8. Possession. Seller shall deliver possession of the property to Purchaser at the time of closing. 9. Default. If either party defaults (th acts required of him) in h herein, the nondefaulting performance pursuant to the damages, or rescission. 10. Closing. it is fails to perform the Ls contractual performance party may seek specific terms of this Agreement, This sale shall be closed within thirty (30) days of the date Seller obtains proof of insurable title and after notice is given by the City of its exercise of the option. 11. Sale to Include Improvements. This sale includes fixtures located on exception of personal the Seller. 414 0 1_ 67 JEH00641A;0006.17044 all improvements, structures and the subject property, with the property which may be removed by -3- VOL. 21,33PA6011 399 12. Risk of Loss. If, prior to closing, the whole or any portion of the property is destroyed or materially damaged by fire or other casualty, then at Purchaser's option, either (a) this Agreement shall be terminated and all monies paid by Purchaser refunded to Purchaser; or (b) the parties shall proceed with the closing and Seller shall assign to Purchaser all insurance proceeds allocable to property. 13. Notices. All notices which may or are required or permitted to be given by either party to the other party under this Agreement shall be in writing. All notices by a party to the other party shall be delivered personally or sent by United States mail, postage pre -paid, addressed to the other party at the address set forth below, or such other address as the party to which the notice- is sent may from time to time designate. If any notice is mailed, it shall be deemed given three (3) days following the date it is deposited in the mail (the date of mailing shall be counted as one of the three days). The post mark affixed shall be conclusive evidence of the date of mailing. 14. Binding Effect. This Agreement shall be recorded with the Snohomish County Auditor and shall be binding upon the parties, their successors in interest and assigns. 15. Closing Agent. Closing shall be performed by Ogden, Ogden, Murphy and Wallace. Seller acknowledges that she has been advised that Ogden, Ogden, Murphy and Wallace is the city attorney for the City of Edmonds and that Ogden, Ogden, Murphy and Wallace prepared this Agreement. Seller further acknowledges that no legal advise concerning this sale has or will be given to her by Ogden, Ogden, Murphy and Wallace and that she has had ample opportunity to consult with an attorney of her choice and has either done so or waives the opportunity to do SO. With full knowledge that Ogden, Ogden, Murphy and Wallace is the City of Edmonds' attorney, Seller consents to Ogden, Ogden Murphy and Wallace acting as the closing agent for the purposes of the sale. 16. Survival and Indemnification. A. Except as specifically provided otherwise in this Agreement, the agreements, covenants, promises, l0 4 X 401 �1_5` � VOL. 2133puE1400 -4- JEH00641A;0006.17044 representations and warranties contained in this Agreement or contained in any documents or instruments delivered pursuant to this Agreement shall fully survive closing and delivery of all documents and instruments delivered at or in connection with closing. B. Seller hereby indemnifies and holds Purchaser harmless from and against any and all losses, damages, liabilities, costs and expenses, including reasonable attorney's fees, incurred by Purchaser by reason of or arising out of any duties or liabilities of Seller which are not specifically or expressly assumed by Purchaser under this Agreement or which arise out of or are incurred by Seller or Purchaser by reason of the incorrectness or breach of any of Seller's representations and warranties contained in this Agreement. 17. Entire Agreement. This Agreement constitutes the entire agreement and understanding between Purchaser and Seller. There are no verbal or other agreements that modify or affect this Agreement. No representations or statements, oral or written, not made herein have induced execution of this Agreement or have any effect upon its validity. 18. Attorne 's Fees. If either party hereto is required to retain an attorney to bring suit to enforce any provision of this Agreement, the prevailing party in such suit shall be entitled to reasonable attorney's fees. SELLER: J 'Darlene McIiftosli Dated: % 4gg- 1 SELLER'S ADDRESS: 13310 Highway 99 South No. 28 Everett, WA 99204 ' 4 1 4� 6" JEH00641A;0006.17044 PURCHASE : CITY DS av OF DM 1 Z l -,�y�f;-' M&%e% Naiighten r Dated: �1 1 21 it Clerk, Jackie Parrett Dated: PURCHASER'S ADDRESS: City of Edmonds Edmonds Civic.Center Edmonds, WA 98020 -5- VOL. 2133PAGE-401 State of Washington County of Snohomish I certify that I know or have satisfactory evidence that signed this instrument and acknowledged it to be her free and voluntary act for the uses and purposes,mgxti ,�d in the instrument. Dated Signature of P.a Notary Public 4 F j Title =" My commission expires 1 - 9 -6- JEH00641A;0006.17044 O-Z ry eLF-RK 6 CIVIC CENTER EDMONDS, WA 98020 OPTION TO PURCHASE REAL PROPERTY (Parcel G) THIS AGREEMENT is entered into between Darlene McIntosh, oo hereinafter referred to as "Seller," and the City of Edmonds, hereinafter referred to as "Purchaser," for the purposes herein to mentioned. FOR AND IN CONSIDERATION OF the mutual benefits and conditions hereinafter contain, the parties hereto agree as 47� follows: 7-4 �l 1. Grant of Option. A. Seller hereby grants to Purchaser the exclusive 00 right and option to purchase that certain real property located at 7104 - 210th Street S.W., Edmonds, Washington, and more particularly described as the East 104 feet of Lots 9-and 10, Block 6, Seattle Heights Division No. 4, records of Snohomish County, Washington. B. This option must be exercised by Purchaser on or before 5:00 PM, July 31, 1988, after which this option shall terminate and expire. Purchaser may exercise this option by giving written notice of �- ch exercise to Seller. Such notice shall be delivered in accordance with Paragraph 13 below. =-.xC. Purchaser agrees to pay to Seller a nonrefundable advance on the purchase price of $500.00 as ..r, consideration for this option. If Purchaser exercises this option, the nonrefundable advance } shall be applied to the purchase price provided for in Paragraph 2. If Purchaser does not exercise this option, the nonrefundable advance shall be forfeited to Seller and Purchaser shall have no further rights or interests in the Property or the advance. 10 EXCISE TAX REQUIRE®2. Purchase Price and Payment Terms. The total purchase price to be paid by Purchaser is APR1- 4 19`eighty one thousand seven hundred twenty seven dollars VEB ahorrish CoW=eputy Treasurer and seventy five cents ( $81, 727.75) , payable in one lump sum at closing, less the nonrefundable advance. 3. Condition of Title. Title to the property is to be free from all liens, encumbrances or defects, except those which may be waived in writing by Purchaser on or before the closing date. �,,nnoved encumbrances and defects shall ,be 8 0 4 ')133PAGE 1403 JEH0064OA;0006.17044 discharged by Seller, at Seller's sole expense, and may be paid from Purchaser's payment made at closing, provided, however, that if Seller is unable to remove any liens, encumbrances or defects not approved by Purchaser, then this Agreement shall automatically terminate. 4. Representations and Warranties. Except as specifically provided in this Agreement, Purchaser agrees to purchase the property in its present condition on the terms noted. Any other provisions contained herein notwithstanding, Seller represents and warrants that: A. Seller has complied with all governmental platting and zoning laws, ordinances and regulations applicable to the property; B. Seller has no knowledge of or has received -no claim or notice from any governmental agency of any violation of laws, ordinances or regulations relating to the property; C. Seller has no knowledge of or has received no claim or notice of any governmental or judicial proceeding (threatened or actual) affecting the property; D. Seller warrants that to the best of Seller's knowledge no hazardous substance, dangerous waste or other material regulated by State or Federal laws or regulations has been unlawfully deposited upon the property; and E. Seller is the owner of the property, is authorized to sign this Agreement, and has the legal right to sell the property under the conditions set forth in this Agreement. 5. Convevance. Seller shall convey title to the property by statutory warranty deed free from any and all defects and encumbrances, except those that may be waived by Purchaser. 6. Closing Costs and Pro -Ration. Purchaser will pay all other closing Purchaser agrees Purchaser's deed. clearing Seller's JEH0064OA;0006.17044 the closing agent's escrow fees and costs not otherwise provided for. to pay the recording fees on Seller agrees to pay all costs of title and all title insurance policy -2- VOL. 213310AGE1404 premiums. Rents, real property taxes and utilities shall be pro -rated as of the date of closing. 7. Title Insurance. Seller shall provide Purchaser with an ALTA standard form owner's title insurance policy to be issued by Commonwealth Title Company and to be effective upon closing. The sale shall be contingent upon the title policy to be issued containing no exceptions other than those permitted under Paragraph 3 above. Seller shall, within ten (10) days after the option is exercised by Purchaser, apply for a preliminary commitment for the policy. Purchaser shall be entitled to review the preliminary commitment. Within fourteen (14) business days of Purchaser's receipt of the preliminary commitment, Purchaser shall notify Seller in writing of any objections to the preliminary commitment, and Seller shall diligently attempt to satisfy such objections. Seller, shall pay the cost of the policy -and any cancellation charge. If, at the time set for closing, the policy cannot be obtained in accordance with this Agreement, then this Agreement shall automatically terminate, provided, however, that Purchaser may waive defects in title in writing and elect to purchase. B. Possession. Seller' shall deliver possession of the property to Purchaser at the time of closing. 9. Default. If either party defaults (that is fails to perform the acts required of him) in his contractual performance herein, the nondefaulting party may seek specific performance pursuant to the terms of this Agreement, damages, or rescission. 10. Closing. This sale shall be closed within thirty (30) days of the date Seller obtains proof of insurable title and after notice is given by the City of its exercise of the option. 11. Sale to Include Improvements. This sale includes all improvements, structures and fixtures exception located on of personal the subject property, with property which may be removed the by the Seller. 041401- 68 -3- VOL. 2133PAGE 1405 JEH0064OA;0006.17044 12. Risk of Loss. If, prior to closing, the whole or any portion of the property is destroyed or materially damaged by fire or other casualty, then at Purchaser's option, either (a) this Agreement shall be terminated and all monies paid by Purchaser refunded to Purchaser; or (b) the parties shall proceed with the closing and Seller shall assign to Purchaser all insurance proceeds allocable to property. 13. Notices. All notices which may or are required or permitted to be given by either party to the other party under this Agreement shall be in writing. All notices by a party to the other party shall be delivered personally or sent by United States mail, postage pre -paid, addressed to the other party at the address set forth below, or such other address as the party to which the notice -is sent may from time to time designate. If any notice is mailed, it shall be deemed given three (3) days following the date it is deposited in the mail (the date of mailing shall be counted as one of the three days). The post mark affixed shall be conclusive evidence of the date of mailing. 14. Binding Effect. This Agreement shall be recorded with the Snohomish County Auditor and shall be binding upon the parties, their successors in interest and assigns. 15. Closing Agent. Closing shall be performed by Ogden, Ogden, Murphy and Wallace. Seller acknowledges that she has been advised that Ogden, Ogden, Murphy and Wallace is the city attorney for the City of Edmonds and that Ogden, Ogden, Murphy and Wallace prepared this Agreement. Seller further acknowledges that no legal advise concerning this sale has or will be given to her by Ogden, Ogden, Murphy and Wallace and that she has had ample opportunity to consult with an attorney of her choice and has either done so or waives the opportunity to do SO. With full knowledge that Ogden, Ogden, Murphy and Wallace is the City of Edmonds' attorney, Seller consents to Ogden, Ogden Murphy and Wallace acting as the closing agent for the purposes of the sale. 16. Survival and Indemnification. A. Except as specifically provided otherwise. in this Agreement, the agreements, covenants, promisgs, JEH0064OA; 0006.17044 VOL. 21 %0 3 PAGE 1 4 0 6 representations and warranties contained in this Agreement or contained in any documents or instruments delivered pursuant to this Agreement shall fully survive closing and delivery of all documents and instruments delivered at or in connection with closing. B. Seller hereby indemnifies and holds Purchaser harmless from and against any and all losses, damages, liabilities, costs and expenses, including reasonable attorney's fees, incurred by Purchaser by reason of or arising out of any duties or liabilities of Seller which are not specifically or expressly assumed by Purchaser under this Agreement or which arise out of or are incurred by Seller or Purchaser by reason of the incorrectness or breach of any of Seller's representations and warranties contained in this Agreement. 17. Entire Agreement. This Agreement constitutes the entire agreement and understanding between Purchaser and Seller. There are no verbal or other agreements that modify or affect this Agreement. No representations or statements, oral or written, not made herein have induced execution of this Agreement or have any effect upon its validity. 18. Attorney's Fees. If either party hereto is required to retain an attorney to bring suit to enforce any provision of this Agreement, the prevailing party in such suit shall be entitled to reasonable attorney's fees. SELLER: arlene McIntosh Dated: SELLER'S ADDRESS: 13340 Highway 99 South No. 28 Everett, WA 98204 JEH0064OA;0006.17044 C4/ty PClerk, Jackie Parrett PURCHASER'S ADDRESS: City of Edmonds Edmonds Civic Center Edmonds, WA 98020 -5- VOL. 2133PUE-1407 State of Washington -County of Snohomish I that _ acknow, Pure, ,..r..e, - ,. �l•• _ � d 3 .•. .. iw v "yr�o 6 04140108 JEH0064OA;0006.17044 rtify that I know or have satisfactory evidence aA.�—Msigned this instrument and e rt,,?-Ltq her free and voluntary act for the uses and efti6qeaNNkn the instrument. Dated -3 3-• R _ Signature of Notary Public 1� Title My commission expires r 9 c.ir�. �Griuc.La- n d� MM VOL. 2133PQGE1408