Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Sunset Beach Property
SECURITY TITLE INSURANCE COMPANY OF WASHINGTON 1109 Second Avenue, Seattle, Washington 98101 hereinafter called the Company, a Washington corporation, for valuable con- sideration, and subject to the conditions and stipulations of this policy, does hereby insure the person or persons named in item 1 of Schedule A, together with the persons and corporations included in the definition of "the insured" as set forth in the conditions and stipulations, against loss or damage sustained by reason of: 1. Title to the estate, lien or interest defined in items 3 and 4 of Schedule A being vested, at the date hereof, otherwise than as stated in item 2 of Schedule A; or 2. Any defect in, or lien or encumbrance on, said title existing at the date here- of, not shown in Schedule B; or 3. Any defect in the execution of any instrument shown in item 3 of Schedule A, or priority, at the date hereof, over any such instrument, of any lien or encumbrance not shown in Schedule B; provided, however, the Company shall not be liable for any loss, damage or ex- pense resulting from the refusal of any person to enter into, or perform, any contract respecting the estate, lien or interest insured. The total liability is limited to the amount shown in Schedule A, exclusive of costs incurred by the Company as an incident to defense or settlement of claims hereunder. In witness whereof, SECURITY TITLE INSURANCE COMPANY OF WASHINGTON has caused this policy to be authenticated by the fac- simile signature of its President, but this policy is not valid unless attested by the Secretary or an Assistant Secretary. SECURITY TITLE INSURANCE COMPANY OF WASHINGTON By President Attest: Assistant Secretary mvm SCHEDULE A NO. B-15859 AMOUNT $ 125, 000.00 DATE October 27, 1966 at 8:00 A.M. PREMIUM $ 100.25 L INSURED CITY OF EDMONDS, a municipal corporation. 2. TITLE TO THE ESTATE, LIEN OR INTEREST INSURED BY THIS POLICY IS VESTED IN THE NAMED INSURED. 3. ESTATE, LIEN OR INTEREST INSURED FEE SIMPLE ESTATE, 4. DESCRIPTION OF THE REAL ESTATE WITH RESPECT TO WHICH THIS POLICY IS ISSUED AS ATTACHED HERETO AND MADE A PART OF THIS POLICY. SCHEDULE B DEFECTS, LIENS, ENCUMBRANCES AND OTHER MATTERS AGAINP7WHICH THE COMPANY DOES NOT INSURE: SPECIAL EXCEPTIONS DESCRIPTION 0'F THE REAL ESTATE WITH RESPECT TO 1tiIiICli THIS POLICY IS ISS[IED That portion of Government Lot 2 in Section 23, Township -27* North, Range 3 East, W.M. , and tidelands in front thereof, described as follows: Beginning at a point on the Westerly production of the Northerly line of George Street as shown in the Plat of Edmonds, according to the plat thereof recorded in Volume 1 of - Plats, page .26, records o� the Auditor of the County of Snohomish, State of Washington, where the same intersects the 14e§terly line of the right of way: of. the Great 'northern Railway Company; thence Northerly along the Westerly line of said right of way which line is parallel to and distant 50 feet Westerly of the center line of said right of way, 365 'feet, more or less, to the Southerly line of Bell.Street, as shown on said plat, produced West* rlv; thence' North 61008' West along the Southe-rly lin6 of said Bell Street produced Westerly, a distance of 485.37 feet, more or less, to the Inner Harbor Line; thence South 24*11' 4est along said Inner Harbor lime 332.72 feet; thence South.45° Nest along said Inner Harbor line 39.16 feet to an intersection with the 1*.Nofrherly line of said Ceorge Street produced Westerly; thence South 610 08' Easton the Northerly line of said George Street produced West,,a distance of 444.4 feet, more or less, to the.point of beginning. Situate in the County of Snohomish, State of Washington. 1. Preliminary estimated assessment of $8,784.69 under District No. 138 filed with the Treasurer of the City of Edmonds, the lien of which, as between grantor and grantee and vendor and vendee, in the absence of express agreement as to payment of assessments, attached 30 days after the date filed with said Treasurer. This assessment is for sewers. NOTE: The Company does not assume any liability for any supplemental ass- essment in excess of this amount. 2. Exceptions and reservations contained in deed from the State of Washington under which title is claimed, recorded in the office of the Auditor of Snohomish County, Washington, whereby the grantor excepts and reserves all oils, gases, coal, ores, minerals, fossils, etc., and the right of entry for opening, developing and working mines, etc., provided that no rights shall be exercised until provision has been made for full payment of all damages sustained by reason of such entry. 3. Any lien or liens that may arise or be created in consequence of or pursuant to an Act of the Legislature of the State of Washington entitled "An Act prescribing the ways in which waterways for uses of navigation may be excavated by private contract, providing for liens upon lands belonging to the state, granting rights of way across lands belonging to the state" approved March 9, 1893. GENERAL EXCEPTIONS 1. Encroachments or questions of location, boundary and area, which an accurate survey may disclose: public or private easements not disclosed by the public records; rights or claims of persons in possession, or claiming to be in possession, not disclosed by the public records; matertisI. 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 or electricity. 2. Exceptions and reservations in United States Patents; right of use, control or regulation by the United States of America in the exercise of powers over navigation; limitation by law or governmental regulation with respect to subdivision, use, enjoyment or occupancy; defects, liens, encumbrances, or other matters created or suffered by the insured; rights or claims based upon instru- ments or upon facts not disclosed by the public records but of which rights, claims, instruments or facts the insured has knowledge. 3. General taxes not now payable: matters relating to special assessments and special levies, if any, preceding the same becoming a lien. (End of Schedule B) TP-2 1/ 66 1. The Company shall have the right to, and will, at its own expense, defend the insured with respect to all demands and legal proceedings founded upon a claim of title, encumbrance or defect which existed or is claimed to have existed prior to the date hereof and is not set forth or excepted herein; reserving, however, the option at any time of settling the claim or paying the amount of this policy in full. In case any such demand shall be asserted or any such legal proceedings shall be instituted the insured shall at once give notice thereof in writing to the Company at its home office and, if the insured is a party to such legal proceedings, secure to the Company, within ten days after service of first process upon the insured, the right to defend such legal proceedings in the name of the insured so far as necessary to protect the insured, and the insured shall render all reasonable assistance in such defense. If such notice shall not be given, or the right to defend secured, as above provided, then all liability of the Company with regard to the subject matter of such demand or legal proceedings, and any expense incident thereto, shall terminate; provided, however, that failure to give such notice shall in no case prejudice the claim of the insured unless the Company shall be actually prejudiced by such failure and then only to the extent of such prejudice. 2. In the event of final judicial determination by a court of competent jurisdiction, under which the estate, lien or interest insured is defeated or impaired by reason of any adverse interest, lien or encumbrance not set forth or excepted herein, claim may be made as herein provided. A statement in writing of any loss or damage, for which it is claimed the Company is liable, shall be furnished to the Company at its home office within sixty days after such loss or damage shall have been ascertained. No right of action shall accrue with respect thereto until thirty days after such statement shall have been furnished and no recovery shall be had unless an action shall have been commenced thereon within one year after the expiration of said thirty days. Any rights or defenses of the Company against a named insured shall be equally available against any person or corporation who shall become an insured hereunder as successor of such named insured. 3. The Company may at any time pay this policy in full, whereupon all liability of the Company shall terminate. Every payment made by the Com- pany, exclusive of costs incurred by the Company as an incident to defense or settlement of claims hereunder, shall reduce the liability of the Company by the amount paid. The liability of the Company shall in no case exceed the actual loss of the insured and costs which the Company is obligated to pay. When the Company shall have paid a claim hereunder it shall be subrogated to all rights and remedies which the insured may have against any person or property with respect to such claim, or would have if this policy had not been issued, and the insured shall transfer all such rights to the Company. If the payment made by the Company does not cover the loss of the insured, such subrogation shall be proportion- ate. Whenever the Company shall be obligated to pay a claim under the terms of this policy by reason of a defect in the title to a portion of the area described herein, liability shall be limited to the proportion of the face amount of this policy which the value of the defective portion bears to the value of the whole at the time of the discovery of the defect, unless liability is otherwise specifically segregated herein. If this policy insures the lien of a mortgage, and claim is made hereunder, the Company may pay the entire indebtedness and thereupon the insured shall assign to the Company the mortgage and the indebtedness secured thereby, with all instruments evidencing or securing the same, and shall convey to the Company any property acquired in full or partial satisfaction of the indebtedness, and all liability of the Company shall thereupon terminate. If a policy insuring the lien of a mortgage is issued simultaneously with this policy and for simultaneous issue premium as provided in rate schedule, any payment by the Company on said mortgage policy with respect to the real estate described in Schedule A hereof shall reduce pro tanto the liability under this policy. All actions or proceedings against the Company must be based on the provisions of this policy. Any other action or actions or rights of action that the insured may have or may bring against the Company with respect to services rendered in connection with the issuance of this policy, are merged herein and shall be enforceable only under the terms, conditions and limitations of this policy. 4. The following terms when used in this policy mean: (a) "named insured": the persons and corporations named as insured in Schedule A of this policy; (b) "the insured": such named insured together with (1) each successor in ownership of any indebtedness secured by any mortgage shown in Item 3 of Schedule A, (2) any owner or successor in ownership of any such indebtedness who acquires title to the real estate described in Item 4 of Schedule A, or any part thereof, by lawful means in satisfaction of said indebtedness or any part thereof, (3) any governmental agency or instrumentality which insures or guarantees said indebtedness or any part thereof, and (4) any person or corporation deriving an estate or interest in said real estate as an heir or devisee of a named insured or by reason of the dissolution, merger, or consolidation of a corporate named insured; (c) "date hereof": the exact day, hour and minute specified in Schedule A; (d) "public records": records which, under the recording laws, impart constructive notice with respect to said real estate; (e) "home office": the office of the Company at the address shown herein; (f) "mortgage": mortgage, deed of trust, trust deed, or other security instrument described in Schedule A. - CIVIC CENTER 250 FIFTH AVE. N. Office of the City Attorney CITY OF E D M O N D S James A. Murphy October 25, 1966 Honorable Gordon Maxwell Office of the Mayor Civic Center Edmonds, Washington Dear Mayor Maxwell: Snohomish County, Washington PROOPECT 6-1107 I am an attorney at law licensed to practice in the State of Washington, and I am counsel for the City of Edmonds, Wash- ington herein called the "Public Body". I have examined the contract between the Public Body and the United States Government, dated June 21, 1966, for a grant to acquire open -space land, and I am familiar with the terms thereof. I am also familiar with all laws, both State,and local, governing the activities of the Public Body and espec- ially those relating to its acquisition of land. Furthermore, I am familiar with the Public Body's activities in acquiring the land described in said contract, and I have examined the Public Body's evidence of title thereto. The legal descrip- tion for the property is attached. To the best of my knowledge, the Public Body had not, prior to the date of notification to the Public Body of HHFA authorization for acquisition of the above mentioned land, acquired title to the land, nor executed a binding purchase agreement, nor instituted a condemnation proceeding, with res- pect to the land; and there is no pending or threatened liti- gation, in either Federal or State courts, challenging the authority of the Public Body to enter into said contract, to acquire the above mentioned land, or to permanently retain and utilize it for the purposes set out in said contract. I am, therefore, of the opinion that: 1. The Public Body has adhered to all the terms of its contract in its representations to the Housing and Home Finance Honorable Gordon Maxwell Office of the Mayor Civic Center October 25, 1966 Page two Agency in connection therewith and in acquiring the above - mentioned land. 2. The Public Body has adhered to all applicable require- ments of State and local law governing its activities and the acquisition of the above:=mentioned land. 3. The Public Body has acquired such title in the above - mentioned land as is contemplated by the contract, and its title is free from any impediment, lien, claim, or challenge which would prevent the land from being permanently retained or util- ized by the Public Body for the purposes set out in said con- tract. Attorney at. Law MP That Portion of QVv*rn■eert x of 2 i section in frTaw"oUt tlaer:of, 27 par th , Range 3 iaa t , dssctibed a■ follows, 369,nnin►q at a poiet oa the Mrsterly production of the biortherly 1 ine of Q*Qx 9e a is of as shorn in the Plat of b t according to the plat thereof rocordsd in V01um0 1 of Elam' Page 26s rear" of the Aw itor of the county of teobomish, State of Maabingtoa, Where this same rote=wtw the w6s tarly 1 ins of the 111kt of ►max of the thtWesterly IjAe Railway said qht j o f thence parthinrly along "Wh 1iee ispa=alle1 to card dista�st 54 feet i�saterly o! the asntsr line of said right of way, 365 feot• more or lam. to the saatherly lixN of bell i tree t , as skown aR able flat, p= d Mrsterly, t thence worth 61*00' west *long the b artb4X 1Y liar of said bell ■ to re t prodacad Mrm ter ly , a distal of 405.37 feet, more vt lsss , to the inner Harbor Liar 1 tbmrce a ou th 24 011 ' Wmt ■lade as ld inner fltrbOr l i ns 333.72 festf thane South 45• Msst along said fuwrb Maror line 39 . li feet to aze intr=feet: vith the lY � the noe�routbrly 61,008, line ace tsaid vn Qla ge atrret pry, the Morthssly lf.ae of said George at -rest produaod Meat, a distance of 404.4 feet, more Or logs, to the point of begLaniag. WASHINGTON LAND TITLE ASSOCIATION STANDARD FORM r' POLICY OF TITLE INSURANCE SECURITY TITLE INSURANCE COMPANY 3444 Wilshire Boulevard Los Angeles 54, California hereinafter called the Company, a California corporation, for valuable considera- tion, and subject to the conditions and stipulations of this policy, does hereby insure the person or persons named in item 1 of Schedule. A, together with the persons and corporations included in the definition of "the insured" as set forth in the conditions and stipulations, against loss or damage sustained by reason of: 1. Title to the estate, lien or interest defined in items 3 and 4 of Schedule A being vested, at the date hereof, otherwise than as stated in item 2 of Schedule A; or 2. Any defect in, or lien or encumbrance on, said title existing at the date here- of, not shown in Schedule B ; or 3. Any defect in the execution of any instrument shown in item 3 of Schedule A, or priority, at the date hereof, over any such instrument, of any lien or en- cumbrance not shown in Schedule B ; provided, however, the Company shall not be liable for any loss, damage or expense resulting from the refusal of any person to enter into, or perform, any contract respecting the estate, lien or interest insured. The total liability is limited to the amount shown in Schedule A, exclusive of costs incurred by the Company as an incident to defense or settlement of claims here- under. In witness whereof, SECURITY TITLE INSURANCE COMPANY has caused this policy to be authenticated by the facsimile signature of its President, but this policy is not valid unless attested by the Secretary or an Assistant Secretary. SECURITY TITLE INSURANCE COMPANY Attest: By 4a President Assistant Secretary SCHEDULE A NO. B-5590 AMOUNT $ 1259000.00 DATE January 10, 1964 at 8:00 A.M. PREMIUM $ 400.50 1. INSURED CITY OF EDMONDS, a municipal corporation. 2. TITLE TO THE ESTATE, LIEN OR INTEREST INSURED BY THIS POLICY IS VESTED IN EATHEL E. THAYER, as her separate estate. 3. ESTATE, LIEN OR INTEREST INSURED FEE SIMPLE ESTATE. 4. DESCRIPTION OF THE REAL ESTATE WITH RESPECT TO WHICH THIS POLICY IS ISSUED (AS ATTACHED HERETO AND MADE A PART OF THIS POLICY) SCHEDULE B DEFECTS, LIENS, ENCUMBRANCES AND OTHER MATTERS AGAINSTWHICHTHE COMPANY DOES NOT INSURE: SPECIAL EXCEPTIONS DES CRI PTION , OF THE 1:E:.A!. 1-,ST'A..T'; 41 Til i2ESl' CT 1") i�'! A �:f; T[! I `; 1'�.`I_ t c. That portion of Government Lot 2 in Section 23, Township 27 North, Range 3 East, W.1l., and tidelands in front thereof, described as follows: Beginning at a point on the Westerly production of Die Northerly line of George Street as shown in the Plat of Edmonds, according to the plat thereof recorded in Volume 1 of Flats, page 26, records of the Auditor of the County of Snohomish, State of Washington, where the same intersects the 14e*terly line of the right of way of the Great Northern ' Railway Company; thence Northerly along fire Westerly line of said right of way which.line is parallel to and distant So' feet Westerly of the center line of said right of way. 365 feet, more or less, to the Southerly line of Bell Street, as shown on said plat, produced Westerly; thence North 61008' West along; the Southerly line of said Bell Street -produced Westerly, a distance of 435.37 feet, more or less,.to the Inner Harbor Line; thence South 24°11' West along said Inner Harbor line 332.72 feet; thence South 450 Nest along said Inner Harbor line 39.16 feet to an intersection with the Northerly line of said George Street produced Westerly; thence South 610 08` East on the Northerly line of said George Street produced West, a distance of 404.4 feet, more or less, to the point of beginning. Situate in the County of Snohomish, State of Washington. 1. General taxes for 1964 in the sum of $570.15, which cannot be paid until February JS, 1964. 2. Local improvement assessments, if any, levied by the City of Edmonds. 3. Exceptions and reservations contained in Deed from the State of Washington under which title to said tidelands is claimed, recorded in the office of the Auditor of Snohomish County, Washington, whereby tiie grantor excepts and reserves all oils, gases, coal, ores, minerals, fossils, etc., provided that no rights shallbe exercised until provision has been made for full payment of all damages sustained by reason of such entry. 4. Any lien or liens that may arise or be created in consequence of or pursuant to an Act of the Legislature of the State of Washington entitled "An Act prescribing the ways in which waterways for uses of navigation may'.be excavated by private contract, providing for liens upon lands belonging to the state, granting rights of way across lands belonging to the state", approved March 9, 1893. 5. Contract of sale in favor of the insured, City of Edmonds, recorded under Auditor's File No. 1667932. GENERAL EXCEPTIONS 1. Encroachments or questions of location, boundary and area, which an accurate survey may disclose; public or private easements not disclosed by the public records; rights or claims of persons in possession, or 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 or electricity. 2. Exceptions and reservations in United States Patents; right of use, control or regulation by the United States of America in the exercise of powers over navigation; limitation by law or governmental regulation with respect to subdivision, use, enjoyment or occupancy; defects, liens, encumbrances, or other matters created or suffered by the insured; rights or claims based upon instruments or upon facts not disclosed by the public records but of which rights, claims, instruments or facts the insured has knowledge. 3. General taxes not now payable; matters relating to special assessments and special levies, if any, preceding the same becoming a lien. (End of Schedule B) 6 3 -10 2 4 7 9 R-1 CONDITIONS AND STIPULATIONS 1. The Company shall have the right to, and will, at its own expense, defend the insured with respect to all demands and legal proceedings founded upon a claim of title, encumbrance or defect which existed or is claimed to have existed prior to the date hereof and is not set forth or excepted herein; reserving, however, the option at any time of settling the claim or paying the amount of this policy in full. In case any such demand shall be asserted or any such legal proceedings shall be instituted the in- sured shall at once give notice thereof in writing to the Company at its home office and, if the insured is a party to such legal proceedings, secure to the Company, within ten days after service of first process upon the insured, the right to defend such legal proceedings in the name of the insured so far as necessary to protect the insured, and the insured shall render all reasonable assistance in such defense. If such notice shall not be given, or the right to defend secured, as above provided, then all liability of the Company with regard to the subject matter of such demand or legal proceedings, and any expense incident thcreto, shall terminate; provided, however, that failure to give such notice shall in no case prejudice the claim of the insured unless the Com- pany shall be actually prejudiced by such failure and then only to the extent of such prejudice. 2. In the event of final judicial determination by a court of competent jurisdiction, under which the estate, lien or interest in- sured is defeated or impaired by reason of any adverse interest, lien or encumbrance not set forth or excepted herein, claim may be made as herein provided. A statement in writing of any loss or damage, for which it is claimed the Company is liable, shall be furnished to the Company at its home office within sixty days after such loss or damage shall have been ascertained. No right of action shall accrue with respect thereto until thirty days after such statement shall have been furnished and no recovery shall be had unless an action shall have been commenced thereon within one year after the expiration of said thirty days. Any rights or defenses of the Company against a named insured shall be equally available against any person or corporation who shall become an insured hereunder as successor of such named insured. 3. The Company may at any time pay this policy in full, whereupon all liability of the Company shall terminate. Every pay- ment made by the Company, exclusive of costs incurred by the Company as an incident to defense or settlement of claims hereunder, shall reduce the liability of the Company by the amount paid. The liability of the Company shall in no case exceed the actual loss of the insured and costs which the Company is obligated to pay. When the Company shall have paid a claim here- under it shall be subrogated to all rights and remedies which the insured may have against any person or property with respect to such claim, or would have if this policy had not been issued, and the insured shall transfer all such rights to the Company. If the payment made by the Company does not cover the loss of the insured, such subrogation shall be proportionate. Whenever the Company shall be obligated to pay a claim under the terms of this policy by reason of a defect in the title to a portion of the area (inscribed herein, liability shall be limited to the proportion of the face amount of this policy which the value of the defective portion bears to the value of the whole at the time of the discovery of the defect, unless liability is otherwise specifi- cally segregated herein. If this policy insures the lien of a mortgage, and claim is made hereunder, the Company may pay the entire indebtedness and thereupon the insured shall assign to the Company the mortgage and the indebtedness secured thereby, with all instruments evidencing or securing the same, and shall convey to the Company any property acquired in full or partial satisfaction of the indebtedness, and all liability of the Company shall thereupon terminate. If a policy insuring the lien of a mortgage is issued simultaneously with this policy and for simultaneous issue premium as provided in rate schedule, any payment by the Company on said mortgage policy with respect to the real estate described in Schedule A hereof shall reduce pro tanto the liability under this policy. All actions or proceedings against the Company must be based on the provisions of this policy. Any other action or actions or rights of action that the insured may have or may bring against the Company with respect to serv- ices rendered in connection with the issuance of this policy, are merged herein and shall be enforceable only under the terms, condi- tions and limitations of this policy. 4. The following terms when used in this policy mean: (a) "named insured": the persons and corporations named as insured in Schedule A of this policy; (b) "the insured": such named insured together with (1) each successor in ownership of any in- debtedness secured by any mortgage shown in Item 3 of Schedule A, (2) any owner or successor in ownership of any such indebt- edness who acquires title to the real estate described in Item 4 of Schedule A, or any part thereof, by lawful means in satisfaction of said indebtedness or any part thereof, (3) any governmental agency or instrumentality which insures or guarantees said indebtedness or any part thereof, and (4) any person or corporation deriving an estate or interest in said real estate as an heir or devisee of a named insured or by reason of the dissolution, merger, or consolidation of a corporate named insured; (c) "date hereof": the exact day, hour and minute specified in Schedule A; (d) "public records": records which, under the recording laws, impart constructive notice with respect to said real estate; (e) "home office": the office of the Company at the address shown herein. wc� a p_✓, ,� a ° H w � ... � 0 , `i ESCROW INSTRUCTIONS and AGREEMENT TO: - Edmonds Branch THE NATIONAL BANK OF COMMERCE OF SEATTLE Escrow No. Edmonds ,Washington, January 89 _ , 19 64 its successors and assigns. The undersigned hand you herewith the following documents to be held in escrow subject to the instructions hereinafter set forth, to which the undersigned, on behalf of themselves, their heirs, successors, assigns and personal representatives, agree: Real Estate Contract between Eathel Thayer as seller, and City of Edmonds as purchaser, for S 125000o00 _ _ _ — - -. dated Jana 7,, I964 , legal description as follows: That portion of Government Lot 2 in Section 23, Township 27 North, Range 3 Eash W. f`A. and Tide- lands in front thereof, described as follows: Beginning at a point on the westerly production of the northerly line of George Street as shovrn in the plat of Bdmondsi according to the plat thereof recorded in volume 1 of plats, page 26, records of the Auditor of the County of Snohomish, State of lashingbn, where the same instersects the Vesterly line of the right of way of the Great Northern Railway Company; thence northerly along the westerly line of said mix right of way which line is parallel to and distant 59 feet westerly of the center lane of said right of v,sy, 365 feet more or less to the Southerly line of Bell Street) as shown on said plat, produced westerly; rtir Upon which the unpaid balance is now S 9020.00.00 with interest at 3 per cent per annum Be ovr from Jane 10, 1964 payable as follows: 9 installments at, $ 10P550.70 final installment at adjusted figure of $109551.23 Warranty heed from Eathel Thayer, Widow to City of Edmonds _ _ Dated Assignment of Contract from to— ----Dated 11/o Real Estate Excise Tax Affidavit and Receipt No. No Sales tax applicable and no state deed -Stamps applicable OTHER DOCUMENTS Legal: thence North'610081-west along the Southerly line of said Bell Street produced Westerly, Cont. a distance, of 485.37 feet, more or less, to the Inner Harbor Line; thence South 24011! West along said Inner Harbor Line 332.72; thence South 450 West along said Inner Harbore" line 39c16 feet to an intersection with the Northerly line of said George Street product Westerly; thence South 61008' East on the Northerly line of Said George Street produced West, a distance of 494.4 feet, more or less to the point of beginningo Situate in the County of Snohomish , State of V1ashingtono "Seller" and "purchaser" as used herein shall refer to those persons so designated in the contract delivered herewith, and to their respective heirs, devisees, assigns or other successors in interest, who shall have evidenced such succession by .depositing with the bank an executed or duly authenticated copy of an instrument establishing the same, and who shall have become a party hereto by execution of this agreement. When ihd total amount of principal and'interest an the above described contract shall have+been paid to you, in lawful money of the United States, you will then deliver, on demand, all documents, except the contract and/or as.- signinents thereof. to the purchaser. If the seller elects to declare a forfeiture of said contract by reason of any default, or claim thereof, the seller shall execute and by registered mail send to the purchaser at his address as appears hereon or at such other address Ws said purchaser tna► in wrlttng indicate to you, a notice wherein the default shall he specified and that the; ;eller deznands return of the escrow documents at the end of thirty days from mailing of said notice. The seller shall deliver to you a clu plicate of this notice. togc-ther with a registered return receipt from the purchaser, and at the end of the time fixed in the notice, if the payments recited its in default in the notice have not been made, or satisfactory evidence of compliance furnished to you ►►•ith regard to other alleged defaults, then you shall deliver all the escrow documents upon dainand therefor to the seller, and after such delivery your duties and responsibilities hereunder shall terminate. In accepting this escrow you shall imt lie liable for any acts or omissions, in good faith, not resulting from gross negligence on your part: and without limiting the foregoing, you shall not be responsible for the following: 1. The correctness or completeness or legal sufficiency of any documents held in this escrow. 2. To notify any party of either non-payment or declaration of default. 3: For the deposit, 'procurement or renewal of insurance policies or any riders, or additional clauses. 4. For payment of insurance premiums or taxes. S. For the performance of any act not expressly set forth in this escrow agreement even though contained in the documents deposited. Any payments or other performances made after due date or at variance with these instructions are subject to approval and acceptance by the party entitled to such payment or performance:, but you shall have no duty or obligation to refuse any payment or other performance tendered by either party hereto nor shall you be responsible for determining the sufficiency of any such payment or performance. TR 2464 R54 Your costs, expenses, charges, escrow fees and attor»ey fees herein provided for, are hereby made a first and paramount lien upon all monies, papers and things deposited in connection with said escrow. If at any time during the life of this escrow any reasonable uncertainty exists, or any dispute shall arise between any of the parties hereto or their respective successors or assigns, as to the delivery .by you of any of the documents deposited hereunder or as to the ownership or right of possession thereto. or as to any matter pertaining to this escrow. you may hold and retain in your possession, without liability, any or all of the property or papers referred to in this escrow agreement until such dispute or uncertainty shall have been settled; or you may at your option interplead or commence any similar action and/or deposit said property and papers with.; the Clerk of the Superior Court for snahrm4a% -County and thereupon you shall be relieved of all liability with respect thereto; and we jointly and severally agree to pay all costs in such suit and a reasonable sum as attorney's fees. We agree`to pay your acceptance fee of $_20-00 in advance, the fee to be divided between the Seller and the Purchaser as follows: Geller $, logo() Purchaser S . j0,VC)D� . In addition. subject to any Change from time to time in your schedule of fees, the Seller agrees to pay, until further notice from the bank, your collection fees as follows, which are to be deducted from payments made by the Purchaser: C"* of MOM$ If revenue stamps are required when delivery of deeds is made, you are authorized to use $ as the consideration for figuring cost of said revenue stamps and deduct the cost of Federal Stamps and State Stamps to be affixed to said deed upon delivery from last disbursement or disbursements to the Seller. SPECIAL INSTRUCTIONS Mr. Murphy delivery of Tit],* Policy Ommim Contract recordeda If title not insurable n1th1n 30 days all papers returned to City and I?athel Thayer Each of the undersigned states that he has read the foregoing instructions and understands and agrees to them. • . � $rll�:r e , y Purchaser e City of a tands. _ Address The proceeds of this Escrow, until written instructions to -•the co_ntrary;_axe :accepted by ,you, shall; be applied. .by the bank as follows: TO: Checking Account at We Branch Savings No. of th -0-1C,: of $at%&* Bank In the name of Escrow Cashier's Check Manager s' Check a _payable to — Address Other disposition•'aslfollows: (Selfer or Successor) The above escrow instructions -are received and accepted IsubjVq to the printed provisions hereinbefore.set forth)., this day of 19 °THP NA;T10P1Ai. RANK..0F COMMERCE OF SEATTLE By 1 < 1 t The undersigned assignee(s), successor(s) to (Seller or Purchaser) in the above Escrow Instructions, do hereby jointly and severally agree to be bound by all terms, provisions and conditions of said Instructions as though originally parties thereto. Assignee of Seller Assig:? of Purchaser (Date) (Date) (Date) (Date) Address (Date) (Date) Address EARNEST MONEY RWEIP AND AOREarWK Edmonds, ' id shingtcn, Pel.Z , 19,63 Received from THE CITY OF EDMONDS$ a municipal corporation, hereinafter referred to as OPurahaser," the sum of - f'k� - - DOLLARS ($ _ 2 02 an earnest money in part paymwt of the purchase price of the followins described real estate in 3nohmish County, Washington# which prof erty Purchaser desires to purchase for part purposes w All that portion of Government lot two 12) and tidelands In front thereof in Section 2 , T 27N# RUP w.H., described as follows: Beginning at ai point on the westerly Production of the northerly line or George Street as shown in the •lat or Edmonds, according to plat thereof recorded in Volume I of Plata, page 26, records of said county, where the same intersects the westerly line of the right -of -way or the Great Northern Railway Company; thence northerly along the westerly line of said right-of-way which line In parallel to and distant 50 feet westerly of the center lime of said right -or -way, 365 feet, more or leas to the southerly line of Bell Street as shown on said plat produced weaterlyf thence north 61008' west along the southerly line of said Hell street produced westerly, a distance of 4e5.37 foot more or less, to the Inner Harbor Line; thence south 240121 west along said Inner Harbor Lire 332.72 feet; thence south 450 west along said Inner Harbor Line 39.16 feet to an intersection with the northerly line of said George Street produced westerly; thence south 61008, east on the northerly line or said George .street produced want, a distance of 404.4 foot, more or loss, to the point of beginning. Totel Purchase price is ONZ HUNDRrX TWENTY-FIVE THOUSAND DOLLARS ($125,0 .00), payable as followwai ... , of which has already been paid as earnest money as not forth above, receipt of which is hereby acknowledged; balance of the down payment to be paid on or borore the . 00& day of a 196_L4 and the remaining unpaid balance of 8000.+00, the unpaid portion of which will boar interest at 3% per annum until the balance is paid in full, will be payable in ten equal annual Installments (or earlier at purchaser#s option), including interest on the unpaid portion thereof at the rate of 3% per annum, the first or saio payments to commencer on the lath day of January, 1965. The annual pay.. ments herein provided shall Include both principal and interest, said annual payments to be applied first to accrued interest and the balance applied to principal. It is agreed that there can be no prepayment of thi3 contract prior to the fifth year of the terra hereof. 1. Title of seller is to be free of enaummtbranaes, or defeat&. Rights reserved in federal patent& or state deedso building or use restrictions general to the district, and build or moning regulations or provisions shall not be deemed encua- branees or defeeta. Encumbrances to be discharged by sealer may be paid out of purchase money at date of closing, 2. Seller agrees to furnish as soon as procurable a standard form purchaser's policy of title insurance or report prellminery thereto, and seller authorizes agent to apply at toe for such title insurance. The title policy to be issued shall contain no exceptions other then those provided for In eaid standard form plus encumbrances or defeats noted in paragraph 1 above. Delivery of such policy or title report to closing agent named herein shall constitute delivery to purchaser. If title Is not so insurable as above provided and cannot be made so Insurable by earnest money shall, be refunded and all rights of Purchase terminatedf Provided that purchaser may waive defect& and elect to purchase. 3. Title shall be conveyed by statutory Warranty deed free of encumbrances or defects except those noted in Paragraph 1. Seller and Purchaser aZree to execute a Real Estate Contract for the balance of the purchase price. saki contrast shall provide -2dw that title be conveyed by warranty Deed. If said property is subject to an existing eeantraat or mortgage which seller is to continue to payo seller agrees to pay said contract or mortgage In aecordenoe with its terms, and upon default purchaser shall have right to make any payments necessary to remove the default, ana any payments so wade shall be applied to the payments next falling due on the contract between seller and purchaser herein. 4. Takes for the current year, rents, insurance, interest, aortgage reserves, water and other utilities constituting lions shall be prorated as of aligning Reel gstato Contrast. 5. Purchaser shall be entitled to possession on date of signing Real $state Contract. 6. The sale *ha11 be closed in Civic Center. The purchaser and seller will,* an dwaand of either, deposit In escrow with Zzt all instruments and monies necessary to complete the purchase In a000rdance with the agreement; the cost of escrow shall be paid one-half each by seller and purchaser. 7» There are no verbal or gather agreements which modify our affect this agreement. Titre is of the essence of this agreement, w ow Seller CITY OF EDMOMS By Attest Purchaser -3- TO G POLICY OF TITLE INSURANCE ISSUED BY Pioneer National Title Insurance Company a California corporation, herein called the Company, for a valuable consideration, and subject to the conditions and stipulations of this policy, does hereby insure the person or persons named j in item 1 of Schedule A, together with the persons and corporations included in the definition of "the insured" as set forth in the conditions and stipulations, against loss or damage sustained by reason of: 1. Title to the estate, lien or interest defined in items 3 and 4 of Schedule A being vested, at the date hereof, otherwise than as stated in items 2 of Schedule A; or 2. Any defect in, or lien or encumbrance on, said title existing at the date hereof, not shown in Sched- ule B; or 3. Any defect in the execution of any instrument shown in item 3 of Schedule A, or priority, at the date hereof, over any such instrument, of any lien or encumbrance not shown in Schedule B; provided, however, the Company shall not be liable for any loss, damage or expense resulting from the refusal of any person to enter into, or perform, any contract respecting the estate, lien or interest insured. The total liability is limited to the amount shown in Schedule A, exclusive of costs incurred by the Company as an incident to defense or settlement of claims hereunder. This policy shall not be valid or binding until countersigned below by a validating officer of the Company. Countersigned: In Witness Whereof, Pioneer National Title Insurance Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers as of the date shown in Schedule A, the effective date of this policy. Pioneer National Title Insurance Company by PRESIDENT Attest SECRETARY Validating Signatory WASHINGTON LAND TITLE ASSOCIATION STANDARD FORM SCHEDULE B GENERAL EXCEPTIONS I. Encroachments or questions of location, boundary and area, which an accurate survey may disclose; public or private easements not disclosed by the public records; rights or claims of persons in possession, or 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 or electricity. 2. Exceptions and reservations in United States Patents: right of use, control or regulation by the United States of America in the exercise of powers over navigation; limitation by law or governmental regulation with re- spect to subdivision, use, enjoyment or occupancy; defects, liens, encumbrances, or other matters created or suffered by the insured; rights or claims based upon instruments or upon facts not disclosed by the public records but of which rights, claims, instruments or f acts the insured has knowledge. 3. General taxes not now payable; matters relating to special assessments and special levies, if any, preceding the same becoming a lien. CONDITIONS AND STIPULATIONS 1. The Company shall have the right to, and will, at its own expense, defend the insured with respect to all demands and legal proceedings founded upon a claim of title, encumbrance or defect which existed or is [ aimed to have existed prior to the date hereof and is not set forth or excepted herein; re- serving, however, the option at any time of settling the claim or paying the amount of this policy in full. In case any such demand shall be asserted or any such legal proceedings shall be instituted the insured shall at once give notice thereof in writing to the Company at its home office and, if the insured is a par- ty to such legal proceedings, secure to the Company, within ten days after service of first process upon titre in- sured, the right to defend such legal proceedings in the narne of the insured so far as necessary to protect the in- sured, and the insured shall render all reasonable assistance in such defense. If such notice shall not be given, or the right to defend secured, as above pro- vided, then all liability of the Company with regard to the subject matter of such demand or legal proceedings, and any expense incident thereto, shall ter- minate; provided, however, that failure to giN a such notice shall in no cave prejudice the claim of the insured unless the Company shall be actually preju- diced by such failure and then only to the extent of such prejudice. 2. In the event of final judicial de- termination by a court of competent jurisdiction, under which the estate, lien or interest insured is defeated or im- paired by reason of any adverse interest, lien or encumbrance not set forth or ex- cepted herein, claim may be made as herein provided. A statement in writing of any lass or damage, for which it is dainud the Company is liable, shall be furnished to the Company at its home office within sixty days after such loss or damage shall have been ascertained. No right of action shall accrue with re- spect thereto until thirty days after such statement shall have been furnished and no recovery shall be had unless an action shall have been commenced thereon within one year after the expiration of said thirty clays. Any rights or defenses of the ompany against a named in- sured shall be equally available against any person or corporation who shall be- come an insured hereunder as successor of such named insured. 3. The Company may at any time pay this policy in full, whereupon all liability of the Company shall terminate. Every payment made by the Company, exclusive of costs incurred by the Com- pany as an incident to defense or settle- ment of claims hereunder,, shall reduce the liability of the Company by the amount paid. The liability of the Com- pany shall in no case exceed -the actual loss of the insured and costs which the Company is obligated to pay. When the Company shall have paid a claim here- under it shall be subrogated to all rights and remedies which the insured may have against any person or property with respect to such claim, or would have if this policy had not been issued, and the insured shall transfer all such rights to the Company. If the payment made by the Cnnipany does not cover the loss of the insured, such subrogation shall be proportionate. Whenever the Company shall be obligated to pay a claim under the terms of this policy by reason of a defect in the title to a portion of the area described herein, liability shall be limited to the proportion of the face amount of this policy which the value of the defective portion bears to the value of the whole at the time of the discovery of the defect, unless liability is otherwise specifically segregated herein. If this pol- icy insures the lien of a mortgage, and claim is made hereunder. the Company cony pay the entire indebtedness and thereupon the iaasured shall assign to the Company the mortgage and the indebt- edness secured thereby, with all instru- ments evidencing or securing the same, and shall convey to the Company any property acquired in full or partial sat- isfaction of the indebtedness, and all liability of the Company shall thereupon terminate. If a policy insuring the lien of a mortgage is issued simultaneously with this policy and for simultaneous issue premium as provided in rate schedule, any payment by the Company on said mortgage policy with respect to the real estate described in Schedule A hereof shall reduce pro tanto the liability under this policy. All actions or proceedings against the Company must be based on the provisions of this policy. Any other action or actions or rights of action that the insured may have or may bring against the Company with respect to services rendered in connection with the issuance of this policy, are merged here- in and shall be enforceable only under the terms, conditions and limitations of this policy. 4. The following terms when used in this policy mean: (a) "named in- sured": the persons and corporations named as insured in Schedule A of this policy: (b) "the insured": such named insured together with (1) each succes- sor in ownership of any indebtedness se- cured by any mortgage shown in Item 3 of Schedule A, (2) any owner or succes- sor in ownership of any such indebted- ness who acquires title to the real estate described in Item 4 of Schedule A, or any part thereof, by lawful means in satisfaction of said indebtedness or any part thereof, (3) any governmental agen- cy or instrumentality which insures or guarantees said indebtedness or any part thereof, and (4) any person or corpor- ation deriving an estate of interest in said real estate as an heir or devisee of a named insured or by reason of the dis- solution, merger, or consolidation of a corporate named insured; (c) "date here- of": the exact day, Dour and minute spec- ified in Schedule A; (d) "public rec- ords": records which, under the record- ing Iaw, impart constructive notice with respect to mid real estate; (e) home nf- fire: the office of the Company at the address shown hereon; (f) "mortgage": mortgage, deed of trust, trust deed, or other security instrument described in Schedule A. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to it at the office which issued this policy or to its Home Office, Claims Department, 433 South Spring Street, Los Angeles, California 90054. TO 1484 PNTI (3-67) WA. m SCHEDULE A Policy No. F-15 0 8 3 6 Amount $ 6,050.00 Date July 24, 1969 at 9 :00 a.m. Premium $ 47.25 1. Insured THE CITY OF EDMONDS, WASHINGTON, a Municipal Corporation. 2. Title to the estate, lien or interest insured by this policy is vested in The named insured. 3. Estate, lien or interest insured Fee simple estate. 4. Description of the Real Estate with respect to which this policy is issued All of Tideland Lot 2, Edmonds Tidelands in front of Upland Lot 2, Section 24, Township 27 North, Range 3 East, W.M., lying Westerly of Great Northern Railway right -of way. Situated in Snohomish County, Washington. TO 1485 PNTI (3-67) WA. SCUEi DULE B Policy No. F-15 0 8 3 6 DEFECTS, LIENS, ENCUMBRANCES AND OTHER MATTERS AGAINST WHICH THE COMPANY DOES NOT INSURE: All matters set forth in paragraphs numbered 1 to 3, inclusive, in the inside cover sheet of this policy under the heading Schedule B General Exceptions. Special Exceptions: 1. Last half general taxes for 1969 in the sum of $17.43. 2. Exceptions and reservations contained in deed from the State of Washington, whereby the grantor excepts and reserves all oils, gases, coal, ores, minerals, fossils, etc., and the right of entry for opening, developing and working mines, etc., provided that no rights shall be exercised until provision has been made for full payment of all damages sustained by reason of such entry. Said mineral rights now held by the City of Edmonds by decree of appropriation entered June 6, 1969, in Snohomish County Superior Court Cause No. 96942. 3. Any lien or liens that may arise or be created in consequent of or pursuant to an Act of the Legislature of the State of Wash- ington, entitled "An Act prescribing the ways in which waterways for the uses of navigation may be excavated by private contract, providing for liens upon lands belonging to the State, granting rights of way across lands belonging to the State", approved March 9, 1893. GENERAL EXCEPTIONS, AND PARAGRAPH 4 ON THE ADDENDUM ATTACHED HERETO. ADDENDUM TO FORM 1483 PNTI (3-67)WA Policy No. F-150 8 36 SUBPARAGRAPH 4 IS HEREBY ADDED TO SCHEDULE B GENERAL EXCEPTIONS AND READS: "4. Consumer credit protection, truth -in -lending, or similar law, or the failure to comply with said law or laws. " M Pioneer National Title Insurance Company HOME OFFICE 433 South Spring Street Los Angeles, California 90054 WASHINGTON LAND TITLE ASSOCIATION STANDARD FORM POLICY OF TITLE INSURANCE ISSUED BY TRANSAMERICA TITLE INSURANCE COMPANY OF WASHINGTON hereinafter called the Company, a Washington corporation, for valuable considera- tion, and subject to the conditions and stipulations of this policy, does hereby insure the person or persons named in item 1 of Schedule A, together with the persons and corporations included in the definition of "the insured" as set forth in the conditions and stipulations, against loss or damage sustained by reason of: 1. Title to the estate, lien or interest defined in items 3 and 4 of Schedule A being vested, at the date hereof, otherwise than as stated in item 2 of Schedule A; or 2. Any defect in, or lien or encumbrance on, said title existing at the date here- of, not shown in Schedule B ; or 3. Any defect in the execution of any instrument shown in item 3 of Schedule A, or priority, at the date hereof, over any such instrument, of any lien or en- curnbrance not shown in Schedule B ; provided, however, the Company shall -not be liable for any loss, damage or expense resulting from the refusal of any person to enter into, or perform, -any contract respecting the estate, lien or interest insured. The total liability is limited to the amount shown in Schedule A, exclusive of costs incurred by the Company as an incident, to defense or settlement of claims here- under. In witness whereof, THE COMPANY has caused this policy to be authenticated by the facsimile signature of its President, but this policy is not valid unless attest- ed by the Secretary or an Assistant Secretary. TRANSAMERICA TITLE INSURANCE COMPANY By President Attest.�X f Assistant Secretary SCHEDULE A rh NO. L-113403 AMOUNT $ 20,000.00 DATE November 4, 1966 at 8:00 a.m. PREMIUM $ 27.00 REN 1. INSURED CITY OF EDMONDS, a municipal corporation 2. TITLE TO THE ESTATE, LIEN OR INTEREST INSURED BY THIS POLICY IS VESTED IN THE NAMED INSURED 3. ESTATE, LIEN OR INTEREST INSURED FEE SIMPLE ESTATE 4. DESCRIPTION OF THE REAL ESTATE WITH RESPECT TO WHICH THIS POLICY IS ISSUED AS ATTACHED: SCHEDULE B DEFECTS, LIENS, ENCUMBRANCES AND OTHER MATTERS AGAINST WHICH THE COMPANY DOES NOT INSURE: SPECIAL EXCEPTIONS 14 -1, Parcel A: All that ;port ion of Coverni-e:nt I.ot 2, 'i(:ction 23, Township 17 14. R. 3 E.W.M. descried as follow,. 3egInning at the intersection of South line of said Lot ' 4.ith :Vesterly line of right -of way of Creat .Northern Railway Company; running thence `North 41" 32' East aloni said Westerly line of Railway a distance of Si) . feot ; thence North 48 23' West a distance of 168.48 feet to meander line; thence South 51' 39' West along said meander line a distance of S3.S feet to the true point of beginning of this description; thence South 48' 28' East a distance of 54.S feet; thence South 51' 39' West 11 feet; thence South 48' 28' Fast a distance of 3 feet.; thence South 51" 39' Kest 37.S9 feet; thence North 48' 28' West a distance of 57.S feet to said meander line; thence North Sl* 39' East along said meander line 48.S9 feet to point of beginning; (also known as Tract 6 and Southwesterly 11 feet of Tract 7. Walker-3eltz Subdivision unrecorded) Parcel 8: That portion of Government Lot 2. Section 23, Township 27 N.R. .W. . nohomish County. Washington describes: as follows: Beginning at the point of intersection of the South line of said Government Lot 2 with Westerly line of right of way of Great Northern Railway Company; thence Westerly along said South line of dovernment Lot 2. 20.27 feet to the true point sf beainnin— thence North 48' 28' West 54.69 feet; then a S0Mth Sl 39' West .98 feet to a point on the South line of sai< Government Lot 2; thence Easterly along said South line of Government Lot 2 for 87.19 feet to point of beginning; (also known as Lot 1 Walker-3eltz Subdivision, irecorded) Parcel C: That portion of Government Lot 2, Section 23, Township .N. M. Sno►'--mish County, Washington mo—e particularly described as follows Starting at the point of intersection of the South line of said Government Lot 2 with the Westerly line of the right-of-way of the Great ?northern Railway; thence South 89' 47' West along said lot line 107.46 feet; thence North S1 39''East 16.61 feet to the point of beginning of this description; thence North Sl' 39' East 42.37 feet; thence North 48' 28' ;Vest 52.50 feet; thence South Sl' 39' West 42.37 feet; thence South 48' 281 East 52.S0 feet to point of beginning; (also known as Tract 14, Walker-Beltz Subdivision, unrecorded) Parcel D: That portion of Government Lot 2, Section 23, Township 27 Y.R. 3 E.T.M. more particularly described as follows: Starting at the point of intersection of the South line of said Government Lot 2 with the Westerly line of the right-of-way of the Great Northern Railway; thence rout? .99" 47' ;Vest alo;ig said Lot line 107.46 feet to the ;point of beginning of this description; thence continuing along said lot line, 93.70 feet; thence ',orth S1° 39' Fast 73.22 feet; thence South 480 28' fast 52.50 feet; thPnc-e South Sle 39' 'lest 16.61 feet to the {point of beginning ; (also known as Tract 1S, halker-Boltz Subdivision unrecorded) All situate in the County of Snohomish, State of Washington. 1. General taxes for 1964, 1965, and 1966 amounting to $179.71, $46.92 and $54.730 respectively, plus interest from dates of delinquency. 2. Unpaid local improvement assessments, if any, levied by the Town of Edmonds. 3. Rights of other owners of tracts in Walker-Beltz Subdivision to use the following for road purposes: Southeasterly 4 1/2 feet of Tract 7; Southeasterly 7 1/2 feet of Tract 6; Northeasterly 8 1/2 feet of Tract 13; Northeasterly 8 1/2 feet and Northwesterly 7 1/2 feet of Tract 14; and Northwesterly 7 1/2 feet of Tract 15. All as disclosed in contract of sale recorded under Auditor's File No. 1440420. GENERAL EXCEPTIONS I. Encroachments or questions of location, boundary and area, which an accurate survey may disclose; public or private easements not 'disclosed by the pub3ttc records: rights or claims of pemsons in possession, or claiming to he in possession, not disclosed by the public records; material or labor liene. air liens tinder the Workmen's Compensation Act not disclosed by the public records; Water rights or matters relating thereto: an►' service, installation or construction charges for sewer, water or electricity. 2. Exceptions and reservations in United States Patents; right of use, control or regulation by the United States or America in the exercise of powers over navigation: limitation by law or governmental regulation with respect to subdivision, use. enjoyment or oc- cuparwy; defects, liens, encumbrances, or other matters created or suffered by the insured; rights or claims based upon instruments. or upon facts not disclosed by the public retards but of which rights. claims, instruments or facts the insured has knowledge. :1. General taxes not now payable; matters relating to special assessments and special levies, if any, preceding the same becoming a lien. (End of Schedule B) R-1 CONDITIONS AND STIPULATIO? L The Company shall have the right to, and will, at its own expense, defend the insured with respect to all demands and legal proceedings founded upon a claim of title, encumbrance or defect which existed or is claimed to have existed prior to the date hereof and is not set forth or excepted herein; reserving, however, the option at any time of settling the claim or paying the amount of this policy in full. In case any such demand shall be asserted or any such legal proceedings shall be instituted the in- sured shall at once give notice thereof in writing to the Company at its home office and, if the insured is a party to such legal proceedings, secure to the Company, within ten days after service of first process upon the insured, the right to defend such legal proceedings in the name of the insured so far as necessary to protect the insured, and the insured shall render all reasonable assistance in such defense. If such notice shali not be given, or the right to defend secured, as above provided, then all liability of the Company with regard to the subject matter of such demand or legal proceedings, and any expense incident thereto, shall terminate; provided, however, that failure to give such notice shall in no case prejudice the claim of the insured unless the Com- pany shall be actually prejudiced by such failure and then only to the extent of such prejudice. 2. Its the event of final judicial determination by a court of competent jurisdiction, under which the estate, lien or interest in- sured is defeated or impaired by reason of any adverse interest, lien or encumbrance not set forth or excepted herein, claim may be shade as herein provided- A statement in writing of any loss or damage, for which it is claimed the Company is liable, shall be furnished to the Company at its home office within sixty days after such loss or damage shall. have been ascertained. No right of action shall accrue with respect thereto until thirty days after such statement shall have been furnished and no recovery shall be had unless an action shall have been commenced thereon within one year after the expiration of said thirty days. Any rights or defenses of the Company against a named insured shall he equally available against any person or corporation who shall become an insured hereunder as successor of such named insured. 3. The Company may at any time pay this policy in full, whereupon all liability of the Company shall terminate. Every pay- ment made by the Company, exclusive of costs incurred by the Company as an incident to defense or settlement of claims hereunder, shall reduce the liability of the Company by the amount paid. The liability of the Company shall in no case exceeri the actual loss of the insured and costs which the Company is obligated to pay. When the Company shall have paid a claim here- under it shall bt subrogated to all rights and remedies which the insured map have against any person or property with respect to such claim, or would have if this policy had not been issued, and the insured shall transfer all such rights to the Company. If the payment made by the Company does not cover the loss of the insured, such subrogation shall be proportionate. Whenever the Company shall be obligated to pay a claim under the terms of this policy by reason of a defect in the title to a portion of the area described herein, liability shall be limited to the proportion of the face amount of this policy which the. value of the defective portion bears to the value of the whole at the time of the discovery of the defect, unless liability is otherwise specifi- cally segregated herein. If this policy insures the lien of a mortgage, and claim is made hereunder, the Company may pay the entire indebtedness and thereupon the insured shall assign to the Company the mortgage and the indebtedness secured thereby, with all instruments evidencing or securing the same, and shall convey to the Company any property acquired in full or partial satisfaction of the indebtedness, and all liability of the Company shall thereupon terminate. If a policy insuring the lien of a mortgage is issued simultaneously with this policy and for simultaneous issue premium as provided in rate schedule, any payment by the Company on said mortgage policy with respect to the real estate described in Schedule A hereof shall reduce pro tanto the liability under this policy. All actions or proceedings against the Company must be based on the provisions of this policy. Any other action or actions or rights of action that the insured may have or may bring against the Company with respect to serv- ices rendered in connection with the issuance of this policy, are merged herein and shall be enforceable only under the terms, condi- tions and limitations of this policy. 4. The following terms when used in this policy mean: (a) "named insured": the persons and corporations named as insured in Schedule, A of this policy; (b) "the insures! such named insured together with (1) each successor in ownership of any in- debtedness secured by ally mortgige shown in Item 3 of Schedule A, (2) any owner or successor in ownership of any such indebt- edness who acquires title to the real estate described in Item 4 or Schedule A, or any part thereof, by lawful means in satisfaction of said indebtedness or any ]cart thereof, (3) any governmental agency or instrumentality which insures or guarantees said indebtedness ar any part thereof, and (4) any person or corporation deriving in estate or interest in said rest estate as an heir or devisees of a named insured or by reason of the dissolution, merger, or consolidation of a corporate named insured; (c) "date hereof the exact day, hour and minute spcvj ieri in Schedule A; (d) "public records": records which, under the recording laws, impart constructive notice with respect to said real estate; (e) "home office": the office of the Company at the address shown herein; (f) "innrtgage": nigl-tgagc, deed of trust, trust dvvd. in, utlu11' ';PcU)•ily ir:strilment described in Schedule A. W � Q E� ci QO U Z F � p : F yW U C 09 z W � Q W ) W �z 0 00 w z F O �7 G7 oz ocax 3 o a F o .a � F F w - F iLt Form approved Budget Bureau No. 63-R1042 H-6600 (2-62) HOUSING AND HOME FINANCE AGENCY TO BE COMPLETED BY HHFA OPEN -SPACE LAND PROGRAM NUMBER URBAN RENEWAL ADMINISTRATION L APPLICATION FOR GRANT TO ACQUIRE OPEN -SPACE LAND (Title V11, Housing Act of 1961) DATE RECEIVED INSTRUCTIONS: Submit original in Binder No. 1, copies in Binders No. 2 and 3. A. IDENTIFICATION OF APPLICANT B. TYPE OF SUBMISSION ri< Original application LEGAL NAME C, Revision of approved application dated 19 _ , for the purpose of: Change in amount or [ ] location of land ] Other (Describe) MAILING ADDRESS to be acquired Change in proposed use Increase in amount of grant C. DESCRIPTION OF LAND TO BE ACQUIRED The open -space land to be acquired is: 1. Locally known or proposed to be known as the���y`/�� 2. Situated in the urban area known as the and in the I L City (if applicable), County(ies), and Stite(s) 3. Bounded generally as follows: (Insert legal description) Total number of acres (to nearest tenth): D. PROPOSED USE (Check appropriate bo:(es)) F. COMPUTATION OF COMPLETE ONLY IF REVISION AMOUNT OF CHANGE Lj Park and recreational u oses P rP GRANT AMOUNT TOTAL AMOUNT Conservation of land and other (+ or -) ESTIMATED COST OF $ ( I$ natural resources k it Historic or scenic purposes ACQUISITION S e9 -C>C7 NON-FEDERAL FUNDS TO BE PROVIDED E. ESTIMATE OF TIME RErN IRED TOCOMP FEDERALAFTER APPLIED ETE I TION HHFALAPPROVALOFTAPPLIC i .�rcC¢{ L �E� C ] 20% 30% G. SUPPORTING DOCUMENTATION The documentation submitted in support of this application shall be considered part of this application. H. EXECUTION IN WITNESS WHEREOF. the Applicant has caused this applicationrto be executed onn/`�'�/- �97 6 By Legs Name of Applicant Signature itle LEGAL DESCRIPTION Or THAYER PROP;r.TY To the Co%Mty of Snohomish„ Mate of WaAinrtoul AU that Portion of Govrarnax st Lot two (2) and t ide lem4a irk frmt -themof in So tim 23. T2?Wv ABC0, W.X** deseribod as followas Degirmint at a point on the Westerly , rod"tion of the K-ortherl y line of Ceorgea Street as shown in the Plat of won",s according tD plea thereof raeaord*4 In Voles l of plats* P" '46 records 6f said C.omty where the zr-sry intersects the Westerly lino of the right-of-way of the groat Fo the,rn Rail.aay Co" ; thtey ae Northerly as;lang the Voseteriy lino of sa l.d right -of -may Line is raaralle,l to seas distant 50 feet ► estarly of the center line of said right-of�niy a 368 feet, nor+e or loss,, to the south- erly 3. ne of 8s1.1 Street as shown on said plat ;�radua Voseterly1 thenao Nerds 610001 best U.oax the Southerly line of &aid Doll, Street pvcduzed starly,, a distance of 886.37 feat„ sae" or less, to the Inner harms Uneg thenco South 2e011' West along said Inaasur Harbor 14sno 33,2s,72 root; then** South 460 West along said. Inner Harbor Lisa 38.16 foot to an inter. ss<eation with the gortkorly ,line of said Georgo Street produa*d Westerly; then nee South 610021 Can ce the Nortilerly line of said merge street pro- dua*4 West, a< Ussta m of 40s.4 feet* more or less,, to the polat of be - sinning. 05-l0.I �l o � � Q dP a 6 1 MARYSVILLE i i � EVEPETT .r I •n 1 SEATTLE n 1 RREM RTC" �I i a Qr. {jJ i F L U 1 � fUhmi Na /JRx T I ,ry 0 K I T I S _.__ _.__ P E R C E i e.a wlnD. f•��\ a owl.. TACOYA V O �y 1Pkr9sf ( l � frelLAcovY o rq f I d V DpQr�+ VV T H U R S T 0 N "IOLYM PIA ~ a CI a "i — STATE HIGHWAYS, ExiannD, "" "I ---STATE HI A HWAYS, APPROVED, JAN IDER SULTAN S N 0 H 0 M S H _ ��•—_ T KING er.ALL o � T rLEYDMe a N.f1pN L • � d a aN 00u4.N. NOR TM Mf 0 I SRLR1 P �[ 4 eL.cx e ay.al r � pwA � a p ' Kllf❑ E , lALVILi I E A -[ __ 7.jjff 4� PUGET -SOUND n+ La>a 9 I r. i RDDxu ,1 sob,. r H4L R E GA O N_( AUM P PUGET SOUND GOVERNMENTAL CONFERENCE �fyH PUGET SOUND REGIONAL PLANNING COUNCIL euiMWD ///��\ `• aMK6 iiµ. na NORTH (DS—- 1e):�>. Va proposed uae ref the wat4rfront l&kid, knti}wn as t':e Thayer 'r*ra7,ertyj,, 1till, fall In the Zonera►l category of p4rks and reercation. ,,t is f t t.ut the l i ;taterf rout Mot Sam Ti"l meter; to 06 *&in fecal point of this City, While all c#tixens "ay Onjjoy the general asssta of this location such as view, viry little of the watorfrant is publicly 0-med to pargit the vopulmsl •n#ornMt of the ±yore specific advant•agas. T:ae old parcel of 1U►ud wUl servo as a --ezLe, area, dedicated to such, .adavitioe� as; VaIVIP,r., clA% dixr.tng* fishing, sun b*thing, 710nies, swim- miagy anti eater sklin�. It gray also inclada aeaall +1,04t la=chi:19 and c+thar iecil.iti$3 recassary to tlubl,ic We and OVIOV-ent. :l" 14ON - FEWMAL FUNDS glen « rederAl ?*R46 to th* Ammat of W$1,000.00, plus 34 hats t over a period of tau goara are to bo OhniWAA froa this Citya* t;Qneral f rz, within a 15 lAll lirlt not requlrinj a vote of t17e Pacole. to paarchar.e said prop4rty. The purchase pmeedure wag authorized by maj- ority tots of the Ci't+l Coullci 1, City of iAzondu, 'yas6tln._xor, , an-d ayprovrd gay ton 14eyor at a rQ Ruldr ueat inn r►f •t1w s-011nei 1 " lie et4ACt. 19: 1963. 05104 REQUEST Fret 3o% MDEML AID The City of Edsnonads, Washington, hereby requests consideration of this application to receive a Federal Grant of at least, b%t not to OR - Coed thirty (30) per Cents for the purpose of acquiring "n-sapsCe lands. Th* City is not rosponsrible for active planning fair beyond itO City limits, but does po3sa%s a Comprehensive Flan, compiied by a prc►fogsLonal plamnir►R firms,, which oncoMas►ses the " Edv=ids Planu.ng Ares" that eytands beyond political boundaricr. The City of Usands is fortunate to be a► %ember of, and have the guitla tee of the Pugst 5aimd Regional Planning Council. In thin manner, we are assisted as are Intogral unit of the ReFianal Plans to attain goals beneficial to this community as well, as the planning region of Puget 8oend as a ►Thole. To summarise our positions the City of Eduands is primarily intorsatod In providing open -space areas for itst citi,&4- ►ry and atcondarily, happy that our future acquistions, dsv%lopwontse and preservation of these areas will serve citizens of neighboring Cities and counties am our preasat feeLlities have done In the past. 0 S 105 trgaisi.sation Iea.formtionR puzot Sound. Gov ramestal, Coofo renes Puget Sound Regional PUmiag Cowcil, 1% f*I,IOwiU9 iAlal-mati0ai is cme file with your agency und*r Klu$ Couutys Washinstca AppUcAtfon Nee OS-3, Sectke 105a exhibit* AllS fC, and 0 reapmatively4 I. Rules and regulations 1Pupt Sid Govesasental Collo"noo. 2. Reeponaibilitias and objectivest Puget Sound Regiceaal Planning Cecil. S. Puget Sound iroverameotal Conferences 1962 budget +Alleaatiaaa® 4, Puget Sound Regional r rausportation Study s Map of ae;atretl Puget Soured Region, Os 105-1 MEMORANDG )F AGREEMENT RELATING TO 'I PRESERVATION OF OPEN -SPACE LAND -IN THE CENTRAL PUGET SOUND REGION SECTION I. THIS MEMORANDUM OF AGREEMENT made this 6th day of March, 1963, between the Puget Sound Governmental Conference, a public body created pur- suant to RCW 35.63.070 and RCW 36.70.060, and King County, Kitsap County, Pierce County, and Snohomish County and the Cities of Bremerton, Everett, Seattle, and Tacoma., -public bodies duly established and created by the laws of the State of Washington. WHEREASD the -Puget Sound Governmental Conference exercises regional planning responsibilities within King, Kitsap, Pierce, and Snohomish Counties pursuant to an intergovernmental agreement; and WHEREAS, the Puget Sound Governmental Conference, prior to 1961, has participated in regional -comprehensive planning, including open -space studies; and WHEREAS, the Puget Sound Governmental Conference is preparing a Regional Comprehensive Plan with Open -Space, Transportation, and Land Use Elements; and the participating members of the Puget Sound Governmental Conference, the four counties and four cities heretofore referred to, have an intergovernmental agreement for the development of a Regional Compre- hensive Plana and WHEREAS, on July 2, 1962, the Puget Sound Governmental Conference signed an intergovernmental agreement to develop a Regional Open -Space Element of the Regional Comprehensive Plan: NOW, THEREFORE, THIS MEMORANDUM OF AGREEMENT WITNESSETH, King, Kitsap, Pierce, and Snohomish Counties and the Cities of Bremerton, Everett, Seattle, and Tacoma do hereby covenant and agree as follows: 1. It -is the intention of the parties to this agreement to cooperate with each other in -the joint exercise of responsibility for the acquisition and preservation of permanent-regional-openmspace land in the Central Puget Sound Region and in the development of such plans, policies and procedures as will best promote -that objective. 2. That, as a basis for programs for the acquisition of title to, or other permanent interest in', land -to be used as open -space land, each participating public body shall -transmit to the Puget Sound Governmental Conference a long-range open -space plan for the part or parts of the Central Puget Sound Region for which such public body exercises or participates in the exercise of responsibility for the preservation of open -space land. The Puget Sound Governmental Conference will use the plan so transmitted as a source of reference in developing the -Regional Open -Space Element of the Regional Comprehensive Plan or modifications thereof. Upon completion by the Puget Sound- Governmental Conference; the Regional Open -Space Element of the Regional Comprehensive Plan will be the basis upon which each participating -public body will acquire regional open -space land. 3. Prior to the acquisition of title to, or other permanent interest in open -space land by a participating public body, such participating public body shall transmit an Open -Space Land Capital Acquisition Program to the Puget Sound'Governmental Conference for review as to conformance with the Regional Open -Space Element of the Regional Comprehensive Plan or modifi- cations thereof, or to the Regional Open -Space Policy Guide or modifications thereof. Each Open -Space Land Capital Acquisition Program shall contain: a. A map showing the location of the land to be acquired. b. A statement describing the interest or interests to be acquired and the use or uses proposed for such open - space land. OS-/os C. Method of financing. ffXti161T A 4. Review Procedure. Step One: Review by a Technical Committee. Step Two: Recommendation of the Puget Sound Regional Planning Council. Step Three: Final action by the Puget Sound Governmental Conference. 2 5. The parties to this Agreement shall be guided in their acquisition of open -space land by the recommendation of the Puget Sound Governmental Conference. SECTION II. REGIONAL OPEN -SPACE POLICY GUIDE. In order to provide adequate open -space for the people of the Central Puget Sound Region as equitably as possible throughout the region, the following policies are agreed upon as a basis for development of a regional open -space system. 1. Regional Policy, (a) The major concern of the Puget Sound Governmental Conference and the participating public bodies to this agreement is the total open -space need of the region and provision of the necessary legislative and financial means to acquire adequate public open -space. (b) The area of concern of the Puget Sound Governmental Conference is that -of research, analysis, and preparation of a Regional Comprehensive Plan with a Regional Open -Space Element. It is not the purpose or objective -of the Puget Sound Govern- mental'Conference to make detailed individual site plans or general local park or playground plans. (c) Areas designated for open -space purposes should be held inviolate against diversion to non -open -space uses, and should not be considered -as a reserve for such uses. If an overriding public purpose by another governmental agency requires the taking of open -space land, compensation should be made for the area taken from open -space use by provision of an equal or better area and facilities at least equal in quality and as nearly as possible equal in accessibility to those the former area served. (d) Plans for local, regional, state and federal open -space uses should be coordinated into a regional open -space system. (e) Multiple uses of open -space land should be encouraged provided that these uses are compatible. (f) Adequate -open -space land should be readily available to all classes of users. (g) A regional plan and/or policy for open -space will be the basis for regional open -space land purchase. 2. Acquisition Policy, Until the comprehensive plan is completed, the following standards should be -considered as a guide to the acquisition of open -space land. (a) Desirable open -space land includes, but is not necessarily limited to -parks and recreation areas, greenbelts and park- ways, conservation areas, watersheds, slide areas, flood plain reserves, scenic easements, trail and waterway systems, historical sites, institutional reserves, buffer strips, and agricultural and forestry easements. _(b) Outstanding natural features, such as salt and fresh water frontage along with access to rivers and streams of the region, should have priority for public open -space acquisition. Priority should also recognize population growth in local areas, the need for special types of facilities, and the optimum distribution of metropolitan open -space throughout the region, as well as special opportunity areas. (c) Property for open -space use in developed areas should be acquired as part of a long-range plan for urban redevelopment or conservation. (d) Acquisition for open=space-purposes should be. made in advance of development in accordance with a long-range open -space plan. Sufficient vacant land should be purchased in develop- ing areas to adequately serve the expected future population. 3 (e) Public bodies should be encouraged to acquire and develop open -space land available outside their boundaries. (f) Multiple use of open -space land should provide adequate area for each specific function. (g) Adequate open -space land should be distributed so as to be easily reached by all potential users. (h) Open -Space land should be of sufficient size to adequately serve its intended use. SECTION III. THIS MEMORANDUM OF AGREEMENT shall take effect and become binding upon these public bodies whose signatures are hereinafter attached when the number of public bodies which have signed and agreed hereto consti- tute at least 600 of the geographical area of the Puget Sound Region con- sisting of King, Kitsap, Pierce, and Snohomish Counties. Thereafter, additional public bodies may from time to time become part of and partici- pate in this regional agreement by compliance with the terms of this agreement and after approval by the Puget Sound Governmental Conference. It shall not be necessary for the Puget Sound Governmental Conference or the participating public bodies to re -execute this agreement upon participation by additional public bodies. IN WITNESS WHEREOF, the parties who have caused this MEMORANDUM OF AGREEMENT to be executed and their seals herein to be affixed this day of , 19 aforesaid. March 22, 1963 ED MUN RO /s/ CHAIRMAN, BOARD OF COUNTY COMMISSIONERS KING COUNTY _. March 11, 1963 _ _ F. M. YOUN GS /s/ CHAIRMAN, BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY March 14, 1963 HARRY SPRINKER /s/ CHAIRMAN, BOARD OF COUNTY COMMISSIONERS PIERCE COUNTY March 11, 1963 E. SAM KRAETZ /s/ CHAIRMAN, BOARD OF COUNTY COMMISSIONERS SNOHOMISH COUNTY March 13, 1963 H. 0. DOMSTAD /s/ MAYOR, CITY OF BREMERTON March 14, 1963 GEORGE W. GEBERT /s/ MAYOR, CITY OF EVERETT March 269 1963 H. M. TOLLEFSON /s/ MAYOR, CITY OF TACOMA March 26, 1963 GORDON S. CLINTON /s/ MAYOR, CITY OF SEATTLE p5-IO.S- 9A h i b'i? A A PUGET SOUND GOVERNMENTAL CONFERENCE L 613 King County Court House Seattle 4, Waihinaton SUPPLEMENTAL AGREEMENT NO. 2 TO THE MEMORANDUM OF- AGREEMENT RELATING TO THE PRESERVATION OF OPEN SPACE LAND IN THE CENTRAL PUGET SOUND REGION This SUPPLEMENTAL AGREEMENT is made between the members of the Puget Sound Governmental Conference, a public body created pursuant to RCW 35.63.070 and RCW 35.70.060 and the City of t4jaca,is WHEREAS, The participating members of the Puget Sound Govern- mental Conference entered into a MEMORANDUM OF AGREEMENT on the 6th day of March, 1963. providing that each member will participate in a regional comprehensive planning program for the purpose of preservation of open space land. and WHEREAS, In Section III of the March 6. 1963. MEMORANDUM OF AGREEMENT it is provided that additional public bodies may from time to tiara become part of and participate in the MEMORANDUM OF AGREEMENT, and WHEREAS. The City of Edmonds on the 23rd• day of July 19 i3 , 2id pass a resolution agreeing to comply wiTb the terms of t e ME?46MDUM OF AGREEMENT, and WHEREAS, By letter dated July $1, 1963 , the city of 1dt20d: did offici—arly request Nema ership in the . and _ WHEREAS, The Puget Sound Governmental Conference approved this request on the Ltb day of .. Augjjat NJW, TIIEREFORE, the WX 89 961408dodoes hereby agree to become part of the M ING TO THE PRESERVATION OF OPEN SPACE LAND IN THE CENTRAL PUGET SOUND REGION dated the 6th day of March, 1963, and said city of Rdsonds does hereby agree to become bound by all th■ erms ana conditions se forth in said MEMORANDUM OF AGREEMENT, and sai4 MEMORANDUM OF AGREEMENT and all the terms and conditions thereof are hereby incorporated into and made a part hereof as though it were fully set forth in this SUPPLEMENTAL AGREEMENT, and the Puget Sound Governmental Conference does hereby approve and accept the City of Edmonds as a participating member of said ' IN WITNESS WHEREOF. the CLtj of Hdmemds and the Puget Sound Governmental Conference have caused this SUPPEEMERM AGREEMENT to be executed as follows: ate w CITY OF EDMONDS PUGET SOUND GOVERNMENTAL CONFERENCE -r OS — lo,S' 9xhi6-i'T 6 The City of rdoonds is operating within the onaebli- ag towers granted it by the gtaato of "exhingtons to preserve v ►-sr'ace aroas for active a passive rearmetiasral use by it:ae a ltLzens, Throuvh purchase a dedieoflons t'he City of rAWM40 loss odgUlr9el approximately tsrenty-six (26) acres of land for aaxeerunity and neighbor- hood use. In additions the city has a forty-g(111) acre watershed whiah is earraerk*d for park use in the *gear future. this araa unt of acrasre Man emaidered adequate by roeopixod aetandawds (National R oreatioas Assssaa"ation . 1 acre "*sr 100 p Uti,on) to 19$5 when the Q1tye' p"410- tion was 21,8219 however$ the papulation'sae rapidly iTtere+taed (annexationa, auUurbia trend, and tratuxal iner+eose) to 19,237 in 1963, makiae, premont acr eoge Inadequate. In ordaer■ to wpt with 04 adjust to the many problems avid respon.si- bilitiss inherent with rapid growths the City has rocer►tly adopted (July 1963) a Caeprahernsive Flan for which it bawl contr+scted the services of a profensio"I plausireg Brea. The plain asvxgraasted several. parcels of lam suitable .for park rrurposaes whiah slight Des sequi e*d. by th* City. Agals s standards used were frrau the Haatieemd 'Recreation Association, Many of the areas proposed to tiaaa oomprerbansivo plan are alreadv being developed by private inteeraeats. The o t:y hae met and will not commit itself to any of the propasid uro4w vitbout the intont and ability to Durchaso. Wzth tb* inare:as td oowpetitti+sesw for available la s the eity to under- taking a pro aft of Continuous land ssur-veilancO4, The pose of which is to study aeatlsting twos"-Sed a„eas to the ad eprehenalye plan and the laca ti#ad of lion posseibilitiea that AU compliumm the plae axed fill in ass olternaete oboloos. Information fror, this study and the comprehensive 01*0 Will he eased to a il* the s t #40quate eroMWARity park System ec-;uioltiom progrow pessibl* to 154 "sir entod to the +eoUrs. In IMv the Ed*andrs Park Department had budg*tsd $4s000.90 for maintenance and or+erat:iom aW $19s100.00 for land acquisition. Of the* latter elm $Sj2*1,04 was usad to pumha►se a offalf ocr+e area adjacent to tbo city*' present beaah rrmtega ftr-Datrkisg pwpases# The remaindaor* $$e028t.00 will be used is connection faith tbe present oequisitioaa of -waterfront Is gviestion, known eta tbee 'Mayer prorarty. to 19641 the ", rk department: is budgeetaad fm, $9.60 ].00 for maintenance and operation end 3'1,130 s000.0a (sub4e�ct to vote of the people) budgeted f*r lane aclul sit» Present city smug cods paining to the praaervaetion of op" - *Pat* hinds are an followat Umands Subdivision Code# Subsectiaa Dsl,+i "The subdivider shall make avail Ales for pusi-ia aaquisitims, such Lands in the area to be asi"Ividad as are deslgnated by the OffWal. Plan far parkas■ pLaygrcunda and public baildLeRs." And city at ming tode P-11 (extract from schedule of *somas, us" and. regu- lstion,As City of Vdwond-s) Rl. The following uses sub jeeet to the approval of call plan: by the plMMing aeaausissio a and the amity mmails rederal s State,, County, Dort aad City govet°+r "utal WldiraO and property. Highwayrs,, freerwoys, and other tbmw4shfares, Sch"lot playgrvunds, parkas 4ad parking lots, tatter tuesas+e as ovprcamd by the plaenvift$ commission and city mil." The subdivision ewe not b *ssed to date. Th* hatters mar 1P-lv ias applied to ► U city, federal and !state properties within the a ity 11mitts and the attempt has been made to soply it to certain portions of the waterfront not presently wined by the city bats being considaerod for Purchase by the city, AS-it6 aummaryt much of the srucc*al of this cftyar op" -space pmarao bigsom os the nro;+oaed �,s d Issue to be presented In Hamb of 1964' MW subssquert raderal a.ssintance. Tho question, wader the pftso t rircumstcncokg of rapid Krmwth,w is Rot w hst has tho citY 4000 to preserve q;mm-mrnace but, rather � it is Otompting to do. 06-106 9IS510OF M OWREMENSM PUN We Invites -'mur ettent� to t copy comprehenaivr p 013pacying tide anDlication wh1oh 3s made permanently available for Vow study arced reference. Tor Further reference we quote From they inside cover of the compre- hane3re plant "?US report was ^reparad under the ppener&l auTMarvivion of tine Wa shiugtan State Departm*nt of Commere o and Economic Osvelopa bent and was fl-manned in rArt throurh mn urban planning grant From tre i!ous ink; and iiom rinance Ageney under the orovi s i on of section 701 of Vie f ouninv ice, of 19340 as 80end.ed.w Tbo'PUM contract was -Project Washin N". Contract goy * COMMMU fi Ob jeativeR of and Aandards fur ?pen- p-ace! A. Thl o general objootty* of the c=p1%eheA$J ri plsn is Stated as fall oars . Chaptat i# (Intraducties) page me (1) of the accrxnnanviuq document t "Ahe over-all objective of a (the) Cownrphenaiva Plan is to tiwepara suetssM11V agreeabla RuidelitiaLs. For the physical develannent of an (t_sis) area. Edmoods probably will never achieve ar Ifiaall plan 1,gcau** the municipality itself never stops its development; but the nrapared comp- re3 an4 lve plan mm Udiaate the sroals towards wh cb the comunlity shvold tsltrive "d fUMisih guides for the day -tea-day a"iuistrativo decisions which must be wade by the seaaitipsl atfi°ie A14 and ?roupse responsih" f r the doveloptsent of the area." Specifies ablootives and Standards relating to local open -space tweds we a stlined in a report 4*w being prepared by the Edsoods Park 4m4 Roo- reation Dopartaents for approval of the Uzands Park '3oard and City Cava - oil ond subaagvant adoption into th* comprohossivo plan. this rem utilisces sized n.atio"i staMndarde (National. Racrewti6n Ass"Ist.im) to help doterzia# We coouftmityee o"r-all opo"Space requirements &14 thou adlursts these standards to 4evalop new standards se" appaopri,atet to the local "ighbm- hood and community rrequirareants for nlxyarounds, playfivIds, nee rhl borhood parks, community and regional par", and comb- inations best saitod to fit tho need, The report will be submitted for your reference pursuant to eonpletion aSA approval, Identification of Pr aced Ts. n-�,paca €-qas asps! Daacrintion of Those Areas! 3. A d{eacr•ipt'i ur of proposed open -apse* use for 1"eth waterfronTand Inter- ior laiuls ii referenced to in the comrrnhensive elan pag'a eighty four (84). (�acond paragraph) throuRl► rove ninety (90). Roference maps may be found an papa et7hty-ones (al) figures aipthteen (la) and In the inside back cover of the plart. ?faro specifier Information to refards to nnesa-sp*ce tss►e and description will also be Included is the hart referenced to in section 02-172 (A) of this ap+plleatiou. 1 1aeaf.taet1on of GpeA�S ae i']t`o rain! Co NsthWs of imnle►mantinig this eit"I aDan-apace mogram are satsRestod ON pe9ra ninety-one (tl) of the ca hensive ply, arA me" spoeifical.y OwIer OS-104 of this a"lieatiaU. 112 PARK AND RECREATION FACILITY STANDARDS AND OBJECTIVES City of Edmonds, Washington Purpose: This report is intended to serve as an implement to the Edmonds Comprehensive Plan under the section entitled "Open Space Plan", page 83. Through use of in- formation contained in the Comprehensive Plan, the 1960 census, and other studies, the report is designed to be as specific as possible in regard to its' projection of open -space needs to the local sibiation. This report is also intended to be idealistic as well as practical in its' projections. The goals contained herein should be within this city's ability to pay and yet be set high enough to be an efficient guide for the citizens and their administrative staff to attain the highest possible fulfillment of the need. Open Space Uses - Descriptions of and standards for: As stated in the Comprehensive Plan, the National Recreation Association has set forth land -use descriptions with standard formulas to assist commun- ities in determining their open -space needs. These standards were developed over a period of years by experts in the field. Most communities use the N.R.A. Standards as guides and not as absolutes and in doing so have attained more progress with them than without. Descriptions and Standards: A park is considered to be any open or largely open area developed or left undeveloped for active and/or passive recreation use. Such an area may in- clude a number of, one of, or a combination of facilities such as baseball and softball diamonds, football fields, swimming and wading pools, tennis courts and other hard surfaced areas, picnic facilities, trails, beaches, gardens, zoos and many others. The development is essentially geared to the local community needs. The general standard formula to apply to determine the over-all open - space need is one acre per each 100 population, present or projected. Of this amount, about 1/4 should be neighborhood areas related to elementary schools, 1/4 to playfields related to Junior and Senior High Schools and 1/2 for community serving acreage. Tvpes - Neighborhood Playlots - range in size from one or two lots up to one acre. These are primarily desgined for preschool aged children. They are generally integrated into a larger park type, but may not be when located in densely populated areas. Equipment might include: small play apparatus (swings, slide, merry-go-round, play sculptures, etc.), small court area, sand box, wading pool, shrubs and benches. They are hedged or fenced off from other areas. Playgrounds:- affords a diversified play program for children 6 to 14 years of age with limited facilities for young people and adults. It should be 4\ to 6 acres in size (minimum), located adjacent to an elementary school. Playfields: offers diversified recreation for young people and adults, but can include one or both of the above types. When incorporating other types into this area, acreage requirements must be increased proporationately. The playfield should be from 8 to 10 acres in size and should be located adjacent to a Junior or Senior High School. Special Communtiy Recreation Areas and Facili$es: 1. Reservations - a large area usually from 40 acres on up and generally retained in its natural state. It may also include a combination of smaller park types. Development is ordinarily limited to access roads, foot paths, bridle traisl, and scattered picnic and camping facilities.:: This type of area is very important to a rapidly urbanizing community. 2. Parkways and Greenways - both types are enlongated landscaped areas with a road or path running through. They may connect central public areas in a neighborhood such as a park or school, with other neighborhoods, parks and/or schools. They may border main streets as a beautifier and buffer to nearby residences and serve as a modified play area as well.; 3. Outdoor swimming pools and bathing beaches - a city should be able to serve 3% of the population at one time. In determining capacity for pools and beaches, estimate 15 square feet of water area per individual, using only wading area in the case of beaches. 4. Baseball and softball diamonds - there should be one baseball diamond for each 5,000 population and one softball diamond for each 3,000. 5. Golf courses - one hold for each 3,000 population. 6. Tennis courts - one court per each 2,000 popdationi 7. Other game courts and fields - the following facilities should equal or ecceed one for each 1,500 population. Variety depends on need. a. archery range d. fbotball and soccer field gi toque courts b. boccie courts e. Handbell courts hi shuffle board courts c. bowling greens f. hard surfaced -multi use ii shooting ranges ji gdf driving ranges 8. The following should be provided at a rate of one for each 2,500 population as they apply locally: a, bicycle trails e, ice skating titres i. ski 7wfips b. bridle trails f: mode yacht basin j. tdbiaggbn slides di boating facilities g4 picnic centers k. tracts 1 running, skating d: Casting pools hi recreation piers or bicycling li Wading pools m. yacht harbors 9. Special commurityfeatures provided at dtie for each 10,000 population: a. bandshells d. community gardens g. arboretums b, botanical gardens m. nature trails h. zoos c. camps f. outdoor theatres i. stadiums sealing 1,000 or more Park types, standards - applied to Edmonds: The City of Edmonds is attempting to provide a broad recreational service through the acquisition and development of open -space will be primarily directed by its' ability to pay and the availability of land in relation to the need for this service. The following section of this report is designed to apply the national park types and standards to a realistic, sound and workable local plan. Over -all —Requirements The over-all open -space requirement, as pointed out in the Comprehensive Plan and suggested by the National Recreation Association, will be one acre per each 100 population. The projected population saturation within the citys' present political boundaries will be between 35 and 40,000 according to infor- mation obtained from the population study in chapter II of the Comprehensive Plan. The over-all open -space requirement for this city is 400 acres. Breakdown of fiver -all Requirements: National standards further state that of the general over-all acreage (400 acres), 1/4 (100 acres) should be neighborhood type; 1/4 (100 acres) should be in playfie lds or semi -community type; and 1/2 (200 acres) should be in community type acreage. In using the above standards as a guide, the City of Edmonds should group the local perk needs into three main categories: (1) Neighborhood (play lots and playgrounds) (2) Sectional (Play fields and semi -community) (3) Community (large parks with facilities of community interest including water front). Fairly specific formulas for determining the acreage requirements in each should be developed as follows: Neighborhood Parks: The Edmonds neighborhood playground - park should be developed primarily for preschool (integrating play lots)- and elementary school aged children with some provision for young people and adults. This type of park should not be less than 5 acres in size and should belocated adjacent to elementary schools whenever possible. School play Acreage is included in the requirement in any case. Methodology of Apportionment - neighborhood: The method has been to divide the city into ten..neighborhoods which generally follow the planning district boundaries untilized in the Comprehensive Plan. Criteria used for establishing boundaries weret primary and secondary arterials and similarities in topography and socio-economic characteristics. Each neighborhood was studied to determine its' -present and future population, typTc c_ 'sousing, average family size, median age range and dwelling units per a:!rc. This information is u&ed not only to determine the acreage need -of each ri:..i �,'��_;�ri_aod, but will help determim park types most needed and facilities to be i cl='dcd in their development. Vor example, a neighborhood with a relatively high p.7opo_^tion of the older age groups and which has fewer dwelling units per acre will need less acreage and different (less active) facilities than a more dense area (more dwelling units per acre) with a younger population and larger families. Information on each nie,;hborhood was obtdined from the Comprehensive Plan and Enum0beration Districts of the 1460 censUst Ptlam this information a forrtiula range was dsvclored to determine neighborhood acreage needs. As follows: FORMULA CRITERIA (In part) 1 acre per each 300 population Multi -family to 7.5 dwelling units per net acre. 1 acre per each 350 population 3.5 to 5.4 dwelling units per net acre. 1 acre per each 400 population up to 3.4 dwelling units per net acre. �pecific Neighborhood Information The acreage requirement attained in each neighborhood according to the aFF. 1_�^gate formula used, should be utilized for the basic recreational needs of that neighborhood. Each neighborhood is listed below giving the suggested open -space require- ment (including present park and school sites) of each, based on future pop- ulation densities and the general population characteristics. 3©c; Mca'.oird.ale: 603 acres in size; 1963 populationfA future population 4,000; pr?_n_rily all population in households with about 3.67 persons to a house - told and as maximum a range as 3.4 dwelling units per net acre; The median age range is between 20-29 years with the largest numbers in the 0-9 year range; the minimum open -space requirement is 10 acres at 1 acre per each, 400 population due to fewer dwelling units per acre, however this could well be figured on the basis of 1 acre per 350 persons due to the comparative youth- fulness of the general population; No present Public Lands in city limits can be applied to this need. Y Talbot Park: 480 -acres -in size;• 1962 -population 600, future population 2500; primarily all population in households with about 3.03 persons per household and a maximum of 3.4 dwelling units per net acre; the median age is between 30-39 years with the largest numbers in the 5-19 year range; the minimum open -space requirement is 6.5 acres at 1 acre per each 400 population; There areabout 100 acres of public lands in this neighborhood which are not __-,being considered to fill the neighborhood need. Sea View: 1,160 acres in size; 1962 population 2;700; future population 5,500; primarily all population in households with about 4.01 persons per household and a maximum of 3.4 dwelling.units per net acre for the major port of the neigh- borhood - other parts will have 3.5 to 5.4 dwelling units 1per net acre, plus some multi -family dwelling units; the median age range is between 20-29 years with a large proportion in the 0=14 year brackets; the minimum open -space re- quirement is 15 acres at 1 acre per 350 population, based on youthfulness of the population, the mixture of dwelling unit densities and the larger number household; there is now about 4 acres of public play area available (Sea View Elementary) bringing the additional amount needed to 11 acres. Sound View: 455 acres in size; 1962 population 1,200, future population 2,600; no enumeration district boundary is dosely related to this neighborhoods' boundaries to give more than very general information; most of the population is in households with a small proportion on group quarters; about 3.04 persons per household with about 2/3 of the area at a maximum of 3.4 dwelling units per net acre plus some proposed multi -family units; the median age range is 35-49 years with a larger proportion of 10-19 year olds; the minimum open -space requirement is 6.5 acres at 1 acre per each 400 population; Outside of a public beach area there is no public land to help meet the neighborhood open -space. need. Maplewood: 1,365 acres in size; 1962 population 3,800, future population 8,500; enumeration district samples about 1/2 of this neighborhood; pri- marily all population is households with about 4.0 persons per household and a predominant portion of the area at a maximum of 3.4 a dwelling units per net acre, the remainder being in the 3.4 to 5.4 and 5.5 to 7.5 dwelling unit ranges; the median age range is 20-24 years with a large proportion be- tween the ages of 0-9 years; the minimum open -space requirement is 24.3 acres at 1 acre for each 350 population, due to the number of persons per house- hold, the general youthfulness of the population and the areas of more con- centrated housing; there are now about 12.3 acres of public available, leaving a need for 12 additional acres. Edmonds: 700 acres in size; 1962 population 2,000; future population 4,500; most of the population lives in households with a few in group quarters with about 2.98 per household; the area reanges from 5.5 to 7.5 a dwelling units per net acre with some multi -family units; the median age range is between 30- 39 years with a better proportion at either end of the age scale -than other neighborhoods; the minimum open -space --requirement is 15 acres at 1 acre per each 300 population due to the more concentrated population and more dwelling units per acre; there are now about 17.8 acres in public lands and therefore no more acreage is needed for neighborhood needs. There is a need to develop some of the existing acreage. South Edmonds: 455 acres in size; 1962.population..1,100 future population-. 3.,1000; primarily all -of the population in households with about 3.30 persons per household and a predominant range of 5.5 to 7.5 dwelling units per net acre with small multifamily area; the median age range is 30-34 years with a fairly well-balanced over-all age range; minimum open -space -requirements - 10 acres at 1 acre per -each 300 population due mainly to higher concentration of dwelling units; Public acreage in the area --amounts to 1.4 acres bringing the need to - 8.6 acres. Westgate: 580 acres in size (That part inside the city limits); 1962 pop- ulation 2,000 future population 3,200; primarily all the -population resides in households at about 3.75 persons per household and a dwelling unit density of between 3.5 to 5.4 per net acre. The median age range is 20-29 years with a -. C large number in -the 0-9 year range; the minimum open -space requirement is 11 acres at 1 acre per each 300 population due to higher concentration and youthfulness of population; there are now about 44 acres in tHs neighborhood publicly owned however, 40 acres of this should be earmarked for community service and doesn't necessarily solve the neighborhood need, which leaves an additional 7 acres to be acquired. Esperence: 245 acres in size (that pert inside the city limits); 1962 popula- tion 1,000, future population 2,000; population characteristics are much the same as tha Westgate neighborhood., as one enumeration district was used; the minimum open -space require;nant is 7 acrea; about 9.3 acres of land are now owned by the public, but it is of a playfield nature and does not meet the neighborhood need. NOTE: The Westgate _:d ESperence neighborhoods are incomplete due to the pre- sent city litY:iis, Needs ai,a expressed on this incomplete area only. Lake Ballinger: 540 acres in size; 1962 population 2,000; future population 3115-0; primarily all the population is household with about 3.6 persons per house- hold and 3.5 to 5.4 dwelling units per acre; the median age range is 20-29 years with many in the 0-9 year old bracket; the minimum open -space requirement is 12 acres at 1 acre per each 300 population; about 3 acres are in public hands leaving 9 acres to be acaui_,ed. Neighborhoods - Summary The breakdown of neighborhood needs shows a gross requirement of about 111 acres for playground-pat-k facilities. This is a little over the 1/4 over-all requirement expressed on page one of this report. There are however, 35 acres now in public school and park sites which can be applied to the neighborhood need bringing the net requirement to 77 acres. SECTIONAL OR PLAYFIELD-PARKS This park type is developed primarily for the enjoyment of young people and adults and contains facilities to suit, It may also include a smaller park type if additional acreage is available. It should be located adjacent to a junior or senior high school whenever possible. The combined acreage should not be Lass than 8 - preferably 10 acres. The -national standard for playfields is 1 acre per each 800 population. Due to the relative youthfulness of our suburban population and the possible combination of other park types into the sectional system a formula of 1 acre per each 700 population is used. As a method of apportioning the necessary acreage to the city, the city was divided into three main sections. The following is a list of the sec- tions with their suggested acreage need, less existing public lands available and suitable, North Section_: Meadowdale, Talbot Park and Sea View neighborhoods; combined future population of approximately 10,000; open -space need is 17 acres. Public lands available but not in city liuLts. Central Section: Sound Vier, Maplewood and Edmonds neighborhoods; combined future population of approximately 15,600; open -space requirement is 22 acres; about 13 acres of public lands are now available and suitable (Edmonds Junior High School), leaving 9 acres to acquire. South Section: South Edmonds, Westgate, Esperence, and Lake Ballinger neigh- borhoods; combined future population of approximately 11,600, (two neighborhoods incomplete due to city limits); open -space requirement 16 acres; about 9 acres of public lands are available and suitable (Edmonds Senior High School), leaving 7 acres to be acquired. Sectional System--- Summary On the basis of 1 acre per each 700 population there is a total need of some 55 acres for the playfield-park sectional system, This is well within the 1/4 portion alloted under the over-all standard (100 acres - page one of this report). Minus lands in public hands that are available and suitable, the suggested amount to acquire is 33 acres. COMMUNITY PARK SYSTEM Minimum acreage requirement of 40 acres per park: This system is one of the most difficult to attain, particularly in a community that;is already well deve- loped. The community park system gives the city a feeling and appearance of roominess, essential in modern times to any city, particularly those serving in the suburban non -industrial capacity. Community parks also help protect some of the federal, state and countyparks from over -use through some duplication on the local level. The ideal situation would be the fulfillment of the 200-250 acre requirement allowed by the over-all open -space formula for the City of'Edmonds (page one of this report). This goal will be very difficult to attain because there are only two large parcels of land left inside the city limits that are 40 acres or more in size; the Edmonds Watershed and the University of Washington property. As a means of implementing the community park system beyond the point of acquiring the two parcels of land n3 tioned above, the following suggestions may be of value: (1) Enlargement of the sectional park systems' acreage needs to facilitate the integration of the community park concept. This would increage the minimum acreage requirement of the playfield park to about 15 acres. (2) Cooperative planning, purchasing and development by.tne three South Snohomish County cities and the county itselk. There are as yet a few large tracts of land left within the south county area which would meet the need. Community Parks --Summary The possibility of this city acquiring the required amount of acreage for a community park system within its' city limits seems remote at this time. Large tracts of land are scarce and expensive when they are available. The most reasonable solution to the problem seems td be the cooperative acquisi- tion and development by the municipal governments concerned in south County. A less expensive way of supplementing the community park system is the development of parkways and greenways. They not only beautify the city but serve a recreation purpose as well. Respectfully submitted: Edmonds Park Board Edmonds Park Department Edmonds Recreation Department RLVTUW OF 0M, .SFACt LAND PROaRAN The epen-Op tee lasd prop"als for the "q%tioitieft *F batQrftvnt L#t*ri*V3 PVO"tY (S) was reView*d by the Execatly* C* mince of the ruget sound covernmetal conramnee . -- The attatehed msolmtiori of ftVMc tiea for Federal Grant to under of-131 of this a pV11satieae. -113 PROG iAN or WNPROMIVE PUMNO A p7t'ogr4m of cosprehonsiva planning is being ivelyT G&Mied on is the urban arse. curr"t PX-Ograbs to the COMPrelensive Plarmiast Press is being carried an In %he "Regional Trenwnortation gtudv" and the ""ten Spy 3tudye jp WOO icy J naa 19611v for the uVbsa regian aee 0 *10 ill 000•► rdination with efforts by t'h* Puget Sty ltellOwl PlwAni.ng C ,ai1. -The Snohomish C ntyr PInnnitag Department is mm up -dating and r*VI- sLft !.hair ucuprregensive Arlan is coordination with the sudiee eta agtsncien listed. above. This sf M*trotod effort su. the oaft of the county depart- went will produce and Imps*msnt nd planning prract,icos ,for ineomorated an well as ua-Incorporated areas within its' bmmiries and will also Pro- duce d ►ipoua effects for the uiaa rerlon as a whole. The City of gads, while Wag m 1"agMl part of the 441tal picture* of planainj in the orbaa "gion ass described above, is also u"dating and impleventiag i.tg* -Oomp"henzilve Olt thigh the several city, 4epart- torte, the pj&miag cnmisslas and the tmsulting planner. The city bran alao eater O4 In" 49MONOnt pith US WOO` )ssirvAa Pl - Irag firm of Clarko Coleman akd Au"We, for a capital improvements study is conn*ctiem with the 701 progrom. OS-1le Thor* is no property within the boundrtaa of tte Wool of land, as the Thay*r !)roparty, that Is to has exaluded ft a4quIsitLoO# The ma,s iv 05-121,1 shows than mil, its* laundries„ measurements the navuAes of tb* iamd that Lowdiately soda Ito The map an peg* cighty* (dl) riguro wi'ghta (16) im the aompr hQuolve FAAR sty the parcel in question in relation to the on -tire city. ►11S Cl C""Y of- CDMONDS P m otposr-o Ac©uisrriau of 1 1A-TE. FTZpN'T PRopE.R;rY I iQ N EtZ - 1 1 Afe-DOtZ L1NE . 485.3'l M/L 3I,j t �pMOtvDS K1 t-4GST0 N ' r FEvtm`f DOCK MAIN _ ST } i 1� i O S l 2-.1 DESCRIPTION OF INTEREST TO BE AV).VIXED Tho Thayer property is lotted an Edge ' Asaget Sound Waterfva"t, near the hevt of the azi.tyssa' business district. Approximately e-third of the three and eight -tenth acre area is fat and cleasrad. This part is now used for parking and accomodattess two buildings used for small beat rental and setaragA. The remaining two- thirds of the property lies between the high tide marls: sad than inner harbor line. Consequently,, the only real beach available is during low and medium tides. This part-time beach do" ree eiruse eorAiderable use primarlIq for clam digging and awalki.ng when it is available. Future, plans *rill for the establishment of a break -hater or similar cansstrooties to an0le the oonstruction of as full time beach. Access to the property "or the railroad tracks is facilitated by a trosssi:ng with lights and barriers at the base of �[ein Street which to asad jaeout to the Northeast ovamer of the property, if na teassary an over- pass, bridging the railroad trackscov1d be aonstructad. 0S 121 BASIS AND S4DL1Ra OF ESIPIRATE The City of Eftoudx has two ,Info al a"ralsa is em the Iwo" In quest ifm 4 r4ml Itay, accredited aM>ar%iser - 1117,700.00 - August 1963 Vostorn Aprralmals In*, 10 UA Oxcoss of Rolling prita - 4"* 1961 The users ha airsowl to %ell at *M' amosea talus three per cAat Ist,trest ov*-- a ton year ipowtod. O -123 RESOLUTION NO. F� WHEREAS Title VII of the Housing Act of 1961 provides for the making of grants by the Housing and Home Finance Administrator to States and local public bodies to assist them in the acquisition of permanent interests in land for open -space purposes where such acquisition is deemed essential to the proper long-range development and welfare of urban areas in accordance with plans for the allocation of land to such purposes; and WHEREAS the City of Edmonds desires to acquire fee simple title to certain land known as the Thayer Property (legal description attached). which land, in accordance with the Comprehensive Plan, adopted by the City of Edmonds, is to be held and used for permanent open -space land for Park and Recreational purposes and conservation of scenic waterfront; and WHEREAS it is estimated that the total considerations to be paid for the acquisition of said interest will be $125,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF EDMONDS, WASHINGTON, AS FOLLOWS: That an application be made to the Housing and Home Finance Agency for a grant in an amount authorized by title VII of the Housing Act of 1961, which amount is presently estimated to be $37,500.00, and that the City of Edmonds will pay the balance of the consideration for the acquisition of such interest and the total of all related costs from other funds available to it. 2. That the City Council of the City of Edmonds is hereby authorized and directed to execute and to file such application with the Housing and Home Finance Agency, to provide additional information and to furnish such documents an may be required by said Agency, to execute such contracts as are required by said Agency, and to act as the authorized coorespondent. 3. That the proposed acquisition is in accordance with the Comprehen- sive Plan, adopted by the City of Edmonds, Washington for the preservation of permanent open -space land, and that, should said grant be made, the City Council of the City of Edmonds, will retain said land for the uses designated in said application and approved by the Housing and Home Fin- ance Agency. 4. That a copy of this resolution be forwarded forthwith to the Housing and Home Finance Agency requesting a letter of sonsent to pro- ceed with the acquisition of the property described herein immediately. MAYOR ATTEST: CITY CLERK Passed this: day of , 19 OS 131 CERTIFICATE or REGGRD oLNG orrICER The undersigned hereby cee0tifie s thats 1. :she is the duly queliya.ed and actftf; City Clerk of the City of Edmonds (herein called the "Applicant"), and. the 'kewepar of its reowds, Snohomish County,, Washington. 2. The attacked resolution is a tare and correct crypt* of the reroo luti.on as finally adapted at a meeting of the Applicant held on th8 23et day of November, 1963, and duly recorded n her office. 3. Said meeting was duly convened and held in all respects in accordance with law and, to the extent required by law, due and proper notice of such meeting was given. A legal. quorum was present nt through- out the meeting, and a legally sufficient number of members of they City Council gated in the proper manner for they adoption of said resolution. All other requirements and proceedings under law i.nci.de.'at to the proper adoption or paisage of said resolution have been duly fulfilled, carried out 1, and otherwise observed. 4. An impression of the seal has bean affixed below which con- stitutes the official seal of the: Applicant, and this certificate is hereby executed under such official aeal, S. The undersigned is duly authorized to execute this O►?tificatee, IN WITNESS WHEREOrg the Undersigned has hereunto set his hand this 21st day of Movembert 1963. ATTEST: Irene Varney Moran City Clerk Kovvz Qr � �i �lj I am a1r, attorney -At -la.! 4IdmMe,:d to ,,practio'J. in the State o--Z, WaShIn xt om. �y{�} fi. �'`.we exaz ed your q��i+r'�v�,�e3 y,� yLl}syk i'a�Q¢y-M, or t'/,� HOUS■Iq [�3�qt [of �11 r952* �i l°r�` he `ro�L- y COSI'(w'tya{nyce I/s�yr� 1 11 A t• .e-.:w��4brt f3.'1# �rti+ya V$ Ph ` .,) bi -116 a yU, f:t Izla jyl�..; p 4",.e n a In .1-4 a ' as tho " �iLn'yLp�4-r�-��/p(}e.r Pii Cs� yr' on 'r��:� aut utom main ("o I travar aI** ��� �'v�;� ikll partL.cnt state# and ka,'iam� ani p-3:�VAQU-10r4y 8"Ityytlow Raw s ',. et r0q.0 G�6 `f a6'woVd. k.CW 39a3�a010+ R014 35 6 G 0s, ACW the ;„,�: C � z0fle y arhIch a atai�3� l5h the �� � 01$ u publ io .1; x Qemptuer 44t to rmclv�oy and a ngen 1rFcac�rvx* 301tos and to W ixorisa vor the ,purp oneq or . a elvins' a grant uAddr Title V 0 ivh% trou 3�jv CQ4 - 0160 ��tiiJiY ka e rurt'her oxct�od the propaisod prsi,,:7im v V lIx-�v d In �s"� #A r �i�,�r • i iin th-a .-'Mfig* Cr th "T42y'r r4,T va'.ti cY,, and the f►'a +. tw m�i . '.' Y �Acj � L? t m. cdopted 6r the "IL. ipra7 ' x �r +IC�:�; u± �a77t� �a �a 4:50�* It Is myq��tyP!A: ;.,As n�a��t the city }Y�7fF'�5 jzr.' c'-5+� �waa a ,pOVA� lIc �lbolyRr ra�.'Ems,=3��gy¢b'ed V�{d. L rc:cr a l..va- �:•p• n �yLw��?p,,i�viRul i'm+�, v-to'�.! Zbidgyp.:# �.�,�A 100al 3%aml�`a�'#' F o curatrac� ti�ri1i�.n 4•�:� !1:.'.a6rt i UtIa V11 of tine ffominZ A3it C+r arsd to ua e�take vmd Coma-Ae a U.e r ropuaA 40quialt1*11 or r** ■tMP I& � Istate in the land Etna uLvn f�"h ao9alsitim re",5La said the dac;1 tee ptrTAnomt , opre-apace plum i that. F. Honorable WO'.l0 A. MaGirmoso �A Two cow-prew.it i s Plan adopted by the city or RcAmordiss �.nd nat s u on acquisitlon o: esid Interest in eajid iand.9 �tei:: ';ity ct Mtrnd "i E �'�t v :1�.1" fsa bid clear ► 'ri po: �°ii iGiC33is wM.ch would Interfere with the stated purpose of acrid grant to - +lzlz talzi said land as pezusaent open-apeco 11Sx.Ai. t)' ` . ►' JAA bt t i r November 22, 1963 Honorable Sproule A. McGinness Mayor Edmonds, Washington Dear Mayor McGinness: I am an attorney -at -law admitted to practice in the State of Wash- ington. I have examined your application for a grant under Title VII of the Housing Act of 1961, whereby assistance is requested in the acquisition of fee simple estate to certain land known as the "Thayer Property" on Sunset and Main (see legal description attached to Resolution) for the purpose of park and recreational purposes. I have also reviewed all pertinent Federal, State, and local laws, and particularly Sections RCW 35.24.010 et seq., RCW 67.20.010, RCW 39.30. 0109 ReW 35.63.0709 RCW 35.63.070, of the State code, which establish the City of Edmonds as a public body, empower it to receive and expend Federal, State, and local funds, and empower it to contract with the United States of America for the purpose of receiving a grant under Title VII of the Housing Act of 1961. I have further examined the proposed program outlined in said appli- cation in the light of the "Thayer Property" and the Edmonds Comprehensive Plan adopted by the City of Edmonds. Based upon the foregoing, it is my opinion that the City of Edmonds is a public body empowered to receive and expend Federal, State, and local funds, to contract with the United States of America for the purpose of receiving a grant under Title VII of the Housing Act of 1961, and to under- take and complete the proposed acquisition of fee simple estate in the above -described land and upon such acquisition retain said interest for the designated permanent open -space purpose; that the acquisition of said land is in accordance with the Comprehensive Plan adopted by the -City of Edmonds, and that, upon acquisition of said interest in said land, the city of Edmonds' interest will be free and clear of any restrictions which would interfere with the stated purpose of said grant to maintain said land as permanent open -space land. Attorney -at -law JAM:rt