Loading...
7223 224TH ST SW_11111111111111114119 7223 LAKE BALLINGER WAY DATE: Otember 25, 1979 MEMO TO: John B..Mitchell, Supt.' UC1y!( Water/Sewer Division FROM: James E. Adams, P. City Engineer SUBJECT: SEWER CONNECTION CHARGES )Ike 7223 Lake Ballinger Way (StreetAddress) Mike Ellinger (Legal Owner Single Family Residence X Subdivision Plat PRD Multiple Commercial LEGAL DESCRIPTION: West 30 feet of Lot 1, measured along south line thereof, Block 8, Lake Ballinger Land Co's Plat subdivision No. 1, according to Plat thereof recorded in Volume 9 of Plats, pages 57 and 58, Records of Snohomish County, Washington; TOGETHER WITH, vacated street lying between east line of Lot 27, Block 7 and west line of Lot 1, in said Block 8; TOGETHER WITH that portion of vacated road in front of and adjacent to the west 30 feet of Lot 1, Block 8 and in front of and adjacent to the vacated street lying between east line of Lot 27, Block 7 and the west line of Lot 1, Block 8, of said addition; EXCEPT the south 16 feet of said vacated road conveyed to State of Washington by deed recorded October 13, 1949, under Auditor's File No. 931508; and EXCEPT any portion lying within north 205th. TOGETHER WITH Shorelands of Second Class situate in front of, -.adjacent to and abutting thereof. LID NO. 108 Lake Ballinger Lift Station Z.F.F. Calculation: ( 69.84) Z.F.F, x ( 5.38 ) _ $ 375.74 Connection Fee ( ) Lateral x( ) _ $ Lateral Charge $ Equivalent Count (when applicable) ( 1 ) Units(s)x( $25.00) _ $ 25.00 Trunk Charge $ 10.00 Permit $ 410.74 TOTAL jak cc: Owner _"4 . 7 3 3 EXHIBIT A WEST 30 FEET OF LOT 1, MEASURED ALONG SOUTH LINE THEREOF, BLOCK 8, LAKE BALLINGEf2--LAND CO'S PLAT SUBDIVISION NO. 1, ACCOP.DING TO PLAT THEREOF RECORDED IN VOLUME 9 OF PLATS, PAGES 57 AND 58, RECORDS OF SNOHOMISH COUNTY, WASHINGTON; TOGETHER WITH VACATED STREET LYING BETWEEN EAST __L_I_N_ E _0_F-_LOT 27, _ BLOCK 7 AND WEST LINE OF LOT 1 IN SAID BLOCK 8; TOGETHER WITH THAT PORTION OF VACATED ROAD IN FRONT OF AND ADJACENT TO THE WEST 30.FEET OF LOT 1, BLOCK 8 AND IN FRONT OF AND ADJACENT TO THE VACATED STREET LYING BETWEEN EAST LINE OF LOT 27, BLOCK 7 AND WEST LINE. OF LOT 1, BLOCK 8, OF SAID ADDITION; EXCEPT THE SOUTH 16 FEET OF SAID VACATED ROAD CONVEYED TO STATE OF WASHINGTON BY DEED RECORDED OCTOBER 13, 1949, UNDER AUDITOR'S FILE NO. 931508; AND EXCEPT ANY PORTION LYING WITHIN NORTH 2O5TH. TOGETHER WITH SHORELANDS OF SECOND CLASS SITUATE IN FRONT OF, ADJACENT TO AND ABUTTING THEREOF. �1 eke Ell, �1� e v- S 172-► z� (� 9 Lc� kq VL i �l 'e-v �UA I I a Ip N go i i I I I I 'ZO �•e ! - O Q -gyp f i ~ ° C4 ! 1 I ! 40 jo I I � I i I M I MI M I f I Ito" 3001 I + ZS % { Cold x 3v)C .00333� ; 9.99ci I ! ! I - } - ix 3oX_.00�8333�� _ 7, qq ; 7,- j ' 2C5`yTc �� Cy© is 3o�C .1066666-�_= 7.aaa2; . (SOW 3©Y 0866(6 fit= 5'.99,i --�-- t _ I �30 x Z7. 34. n6SSS3), j _ �Z.7 3!5� i 77 x 60 S8.3 ! (6.23 x2.6y(Ov3333) -02-74 5"70 9 lO.b7xZ3�7x,S - i1j �C.oa►t�66�,_ �y f 70774%L .Z.;F:F - 4i- I� ,- 1 C69.8y26 V� -I -t } r � j I I } , � I i F-225733 EXHIBIT A WEST 30 FEET OF LOT 14 MEASURED ALONG SOUTH LINE THEREOF, BLOCK 8, LAKE BALLINGER" LAND CO'S PLAT SUBDIVISION NO. 1, ACCORDING TO PLAT THEREOF RECORDED IN VOLUME 9 OF PLATS, PAGES 57 AND 58, RECORDS OF . SNOHOMISH COUNTY, WASHINGTON; TOGETHER WITH VACATED -STREET LYI_NG_BETWEEN EAST LINE OF LOT 27, BLOCK 7 AND WES LINE OF LOT 1 IN SAID BLOCK 8; TUGETHEI-WITH THAT PORTION OF VACATED ROAD IN FRONT OF AND ADJACENT TO THE WEST 3O.FEET OF LOT 1, BLOCK 8 AND IN FRONT OF AND ADJACENT TO THE VACATED STREET LYING BETWEEN EAST LINE OF LOT 27, BLOCK 7 AND WEST LINE OF LOT 1, BLOCK 8, OF SAID ADDITION; EXCEPT THE SOUTH 16 FEET OF SAID VACATED ROAD CONVEYED TO STATE OF WASHINGTON BY DEED RECORDED OCTOBER 13, 1949, UNDER AUDITOR'S FILE NO. 931508; AND EXCEPT ANY PORTION LYING WITHIN NORTH 2O5TH. TOGETHER WITH SHORELANDS OF SECOND CLASS SITUATE IN FRONT OF, ADJACENT TO AND ABUTTING THEREOF. 0S0 S �-+�.e S 4Z — ► Z 3 � L(3L-kP- &SA� -ev voA F-225733 EXHIBIT B 1. EASEMENT IN FAVOR OF OLYMPIC WATER DISTRICT; A MUNICIPAL I CORPORATION -RECORDED -UNDER AUDITOR'S FILE NO. 712406; GRANTING THE RIGHT TO CONSTRUCT, MAINTAIN AND OPERATE WATER MAINS FOR THE CONVEYANCE AND TRANSPORTATION OF WATER ON SAID LOT 1 AND OTHER PROPERTY, SAID WATER MAINS TO BE LAID ON A LINE 22 FEET NORTH OF THE SNOHOMISH COUNTY -KING COUNTY LINE, INCLUDING THE RIGHT OF CLEARING SAID LINE OF TIMBER OR BRUSH, AND Of'INGRESS AND EGRESS TO AND FROM SAID TRACT FOR THE PURPOSE OF LAYING, MAINTAINING, REPAIRING, RENEWING CHANGING THE SIZE OF, AND RESTORING OF SAID WATER MAINS AND FOR THE REMOVAL OF THE.SAME IF DESIRED BY THE GRANTEE, ITS SUCCESSORS OR . ASSIGNS. 2. 1 RIGHT TO REGULATE THE LEVEL OF THE WATER I.N LAKE BALLINGER ALSO KNOWNAS-LAKE-MC ALEER-I'N ACC-OR-DANC-E-WITH THE PROVISIONS OF A DECREE OF THE SUPERIOR COURT FOR SNOHOMISH COUNTY, ENTERED IN CAUSE NO. 39542, OF SNOHOMISH COUNTY, WASHINGTON. 3. [��S��RIAS HEREAFTER SET FORTH CONTAINED IN DEED FROM LAKE BALLINGER LAND -COMPANY, A WASHINGTON CORPORATION, RECORDED UNDER AUDITOR'S FILE NO. 292046: IT IS EXPRESSLY COVENANTED AS FOLLOWS: THAT THE GRANTEE, HIS HEIRS, SUCCESSORS OR ASSIGNS, SHALL NOT AT ANY TIME ERECT, CAUSE OR PROCURE., PERMIT OR SUFFER TO. BE ERECTED UPON SAID PREMISES, OR ANY PART HEREOF, ANY BUILDING TO BE USED OR OCCUPIED FOR ANY OTHER PURPOSE THAN A PRIVATE DWELLING HOUSE OR RESIDENCE, AND ANY SUCH DWELLING HOUSE OR RESIDENCE ERECTED THEREON SHALL COST NOT LESS THAN $1,000.00 BUT NECESSARY OUTBUILDINGS FOR RESIDENCE USE MAY BE ERECTED ON SAID PREMISES AT THE SAME TIME WITH OR AT ANY TIME AFTER THE ERECTION OF SAID PRIVATE RESIDENCE OR DWELLING HOUSE, AND NO BOAT HOUSE, LANDING OR STRUCTURE SHALL BE ERECTED ON THE MARGIN OF LAKE BALLINGER EXCEPT FOR THE PRIVATE USE OF SAID PREMISES, AND NO REFUSE, LITTER OR OTHER OBNOXIOUS MATTER'OF ANY KIND WHASOEVER SHALL BE DEPOSITED IN OR ALLOWED TO PASS INTO SAID LAKE FROM SAID PREMISES. 4. 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. AFFECTS SHORELANDS. (CONTINUED) F-225733 EXHIBIT B P AGE 2 'a RECORDED. JUNE 19, 1968 AUDITOR'S NO. .2037006 AFFECTS EXACT LOCATION BEING UNDETERMINED IN FAVOR OF STATE OF WASHINGTON 6. RIGHT TO MAKE ALL NECESSARY SLOPES FOR CUTS AND FILLS UPON THE ABUTTING PROPERTY AND ON EACH SIDE OF SAID DESCRIBED RIGHT OF WAY IN CONFORMITY WITH STANDARD PLANS AND SPECIFICATIONS FOR HIGHWAY PURPOSES AND TO THE SAME EXTENT AND PURPOSE AS.IF THE RIGHTS HEREIN GRANTED HAD BEEN ACQUIRED BY. CONDEMNATION PROCEEDINGS UNDER EMINENT DOMAIN STATUTES ON THE STATE OF WASHINGTON,.AS DISCLOSED IN QUIT CLAIM DEED DATED JULY 6, 1936 RECORDED UNDER.. AUDITOR'S FILE NO'.. 5832.95, RECORDS OF SNOHOMISH COUNTY, WASHINGTON. "END OF EXHIBIT B" U'. CITY of EDMONDS Department of Public Works 200 Dayton .Street • Edmonds, Wash. 98020 1 ✓" -- - (plus postage) - C �fl P►I L-30 4 . f CERT l F l E D POSTMARK _ �W .... R OR DATE RECE6Pi FOR SENT TO t s 00. S BEET AND N0. Q P.O., STATE AND ZIP CODE SERVtGES FOR ADDITIONAL FEES CD OPTION whom and date delivered t ;Shows to to addressee only Q With,delivery ghere delrvere RETURN date and v RECEIPT 2. Shows to whom, to addressee oniR ..� With delivery ' SERVICES ONLY e 0.DDRESSEE ............................ DELIVER TO' wired) PROVIDED (See other s�d ) SPECIAL DELIVERY (extro tee req COVERAGE VIDE d GPO: 19700•39 401 ® p0 itisURARICEMAIL ►77 PS Form 3800 NOT FOR INiERNATiOPIAL Apr. 1971 RECEIPT FOR CERTIFIED MAIL-300 (plus e) 1. SENT T0. Q Mr. Paul Nakamura:­.:f "j STREET AND N0. u T• ' 9A ., n 131" i M 1- 1706 Northwest.;59thi` ��0 �' Wig- ---- -- � P.O., STATE AND ZiP CODE Seattle F'j'.Washina'ton 98107 pr OP• ZONAL SERVICES-F.OR 'ADDITIONAL FEES 9� RETURN 1. Shows to whom�and date delivered ............ ,15¢ RECEIPT With delivery.to addressee only ..... ... 654,e} .. 1 2. Shows to whom,, date and where delivered ...35¢ G SERVICES With 'delivery, to addressee only ....:....::: 85¢ DELIVER TO ADDRESSEE, ONLY ':....::;i::.::... ® SPECIAL DELIVERY (extra fee required) ............. .. .....-.. PS Form 3800 NO INSURANCE COVERAGE PROVIDED- (See other side) Apr. 1971 NOT FOR INTERNATIONAL MAIL 9 GPo: 19199.997..99 Mr. or Mrs. Paul Nakamora 1706 - Northwest 59tfi Seattle, Washington 98107 W O Ln CID 1�j S o o.; ,Z. DATE: S$ ember 25, 1979 MEMO TO: John B. Mitchell, Supt. Water/Sewer Division FROM: James E. Adams, P.E. City Engineer SUBJECT: SEVIER CONNECTION CHARGES 7223 Lake Ballinger Way Street Address) Mike Ellinger Lega Owner STREET FILE Single Family Residence X Subdivision Plat PRD Multiple Conmiercial LEGAL DESCRIPTION: West 30 feet of Lot 1, measured along south line thereof, Block 8; Lake Ballinger Land Co's Plat subdivision No. 1, according to Plat thereof recorded in Volume 9 of Plats, pages 57 and 58, Records of Snohomish County, Washington; TOGETHER WITH, vacated street lying between east line of Lot 27, Block 7 and west line of Lot 1, in said Block 8; TOGETHER WITH that portion of vacated road in front of and adjacent to the west 30 feet. of Lot 1, Block 8 and in front. of and adjacent to the vacated street lying between east line of Lot 27, Block 7 and the west line of Lot 1, Block 8, of said addition; EXCEPT the south 16 feet of said vacated road conveyed to State of Washington by deed recorded October 13, 1949, under Auditor's File No. 931508; and EXCEPT any portion lying within north 205th. TOGETHER WITH Shorelands of Second Class situate in front of, adjacent to and abutting thereof. LID NO. 108 Lake Ballinger Lift Station Z.F.F. Calculation: ( 69.84) Z.F.F. x ( 5.38 ) $ ( ) Lateral x( ) _ $ ( 1 ) Units(s)x( $25.00) _ $ S j ak cc: Owner 375.74 Connection Fee Lateral Charge Equivalent Count (when applicable) 25.00 Trunk Charge 10.00 Permit $ 410.74 TOTAL R' REGARDING: 7223 Lake Ballinger Way 5Da-6 IDS6 a ress R E C O R D O F C O N T A C T S DATE NAME, PHONE NO . , & COMMENTS �•. ADDRESS of CALLER ACTION TAKEN 5/1/74 Paul Nakamora Certified Letter No. 406435 sent Letter received. 1706 N.W. 59th requiring hook-up within 60 days. 7/1/74 Seattle, 98107 Certified Letter No. 406508 sent Letter returned unclaimed. requiring response by 7/12/74. 7/2/74 Meter pulled and meter book noted. No occupancy until sewer connected and•Police Dept. notified. 9/8/75 Mr. Nakamora came into office wanting Scheduled dye test. to sign up for water. 9/9/75 Gary Raymond went to dye test. Cannot dye test because of no water. Also, will not return for dye test until . human wastes are removed from toilet. INITIALS TE TE TE JT JT p "�A Good Customer is thy of Every Consideration" WESTERN IJTIIIIICS SUPPLY (0 Nt Wy . Wator,vgrkS, Iirrytiny & $„rpl„y, � v.24 640 01110 AVL, 50. SSAIrLr'. WANT. 98124 RO(kweli 2.702.j st n i ru . wasi+, 90134 S I - o�h�,•,3a2 3 — 7G LL,..�cc,�• •— oz��t�-.t (l�. C(I " L. . � F ' Y f ��:r,.'J_ �.S tl9f)£; Per. ilor' 71, Citir Ln�f Il-"cr Ci ty of F dmr) n('s Dear Mr. Mor5in, S .;veraj- n't:opie arcr and Lr11rW 3allinoer have })oi71t�6(1 out the fact, tl:tit the l.,e r.tr�� })omes that ljnvr.� not hooked up to thu sev= er s stan. 'rhe (JJor'l�i (l?a::.r`,rcr.jv )'E!I IYLU horl� pit 24"',J 2 7C) ul) rl. `. hpre is a 1'c1J'FE° (!rminnl ;e Culvert that passes throu;yh this propwr. t?r t}Ic:t ;II)T� 'cirS to b`: I):iC�tinj„ Ul? z:waL.—e t-oC!C tli" C:I'cii21 fi�l('. al)Cl C£I:'r­iliC tl:r ?.i.®. The })I:iwl:'1r pi"'115 to move soon a1',d r;e r;olild hope that before the horse is rentled ct`%1].71 that th"ls residF.L'Iica COUICI be Coianectc'd to T, s-e JdE: r system. tem. 'i}') ; c,lli, �l�,r � `� • lre prt; Seoul' r('s idille, on I.aI:e2 S'�::v(:al: . i}:�a t�oE;e a,e,,nCa-1 11on;! at 1:�4 I;.E'. '205t11 - pa:eCe)It rc-rlter8 the Pratt's. Thilre havo been coripl_tint:, of.small around thes house cindor,,Q is fr'on u i.11C the Laku :it is irin:�rritive that 't;h, t' also, Colnl -ct to thes�v; 'a^ There i's Ci 'nia-11 Sunm,,;r cab::.7i on a vev"i, 11C:1'1'OW Strip of I)L OjI(:1'ty be the :1(1.11 ,, 3E. S of I; . 20F.) t: IiC 2Df? 1V. C + t.. aCiC I: E.sa lalitLT,m'Y__r.I1C1 OZ9I1 r It Cipp EirS "hat toiler' Co2lsist of �t2: out house: ThL%re;irfi 1,'rik;:3en"ly t1�0 �'Oiali�' r1E:I'. "_:LViII.� i21 tllf� CFib?n. 'j'h15 Ca'') 11 j1I'CSEalta a def-irlite hL�a1th hazard to is ollly. . 4U to `-�C f,_ct 1').;or.. I, }�� T: � � ' , b:.' o th1( a' horl�! s in tlla: EdL-'1on(1:3 law tv.'t; ell Aul,'OI't; Find compl:Ld6,- `.,:i.t1, th CO1,11ecti7)„ 111, t0 t))t9 ';ci*;a):' sy to- to, Vinul(I it t 1',c= ib I 'O1 "star oa. :t.0 O ,.lil'>C•c 13r:T'C.11.tS ).'C)I' Se1VE -a" hook ups, Cin(t find out thosa homts Still on septic 51'5"LeMS? The topo(:raph' of t}io fuel, Ls such cS to Cc.il.l:itc a : ::ry etir`Ct viater table flovi tw-;Hici the ­(11.,. Polll.ati()rl of Lake I3 iilill : r is a vary r. c"al concern to of us'. T11'. James CUT1T tn.,s, _iC (11'�':�:i i l`�F: I . '("C5th, re(ill_'.`itlid t}'kit I inquire. rt Lrardil:g fire C5th - th Solith VI1Cl ot' Lnl)i'. th?Jn'. viLls Some tcili{ of tf;li�' })c:tTla" lll.:'Cci Glc tt ]'01 C)4°;:1.11fI on tll7r.i!�s ;3cV J.'E?l jr'�ul.' i cl"o at tLe Eovv'13_�Oft .C'C.':iid-nCe I"Z].'. mior£tn, I T;ouid '1'-;k that yo-a tal:'e up"n-opT'iCitt action cn the Sp'c'.Ci'J.'ic I',oi'ies r,,i v n t J. o r, e d a1;ovE3. L,-t 113 hope:- that yOu find t}'r,t the" arr; }i0oli.�c� T,o.the sz,sot?r system, but, ind- ca ,`ons are 710','; +o tLe. contrary .�•i71c,�rr,1J, � �`.� 7C� t}1 lac t io1) Group .� '4Y N i r.vWunmaawr V.gAV, MAU* wwa..n...w.�.r:.....ewrr•w+s.arw...ea� 9 t� Oar- �i �•�" .� .y�!q.t"�"^q^t•%1T.»+.a�,w.,�a.:sd?^!i.-0'�'•:.�. K'o...4�Gt.c .r.. .�+.0 .,'.:vq,-0C- � -. :r., mq •t, ..+� �. . .,.. ... > .�.-......�.yq,: . <_ay. �s .. -•t Ov'T. LOT 8 22 24 ZZ5 BALL IN 6W'R 19 18 17 4'1� 16 V ...... rill ....... 15.05 45 46 3.01 15.05 IV 41� yo el .I At I 3 4 5 6 7 8 9 to II Y u C Eli 0 A& y N 1- .160 AA - --.— 0 -- -- eZ.-Am- N. 205TH ST. Q E. 2 IERETTNO 203W ND KING 'GbUN7-Y SEATTLE UP I P AV RED .;61 qr_i` Cq • TZZ3 REAL ESTATE THIS CONTRACT, ma�dntered into this 17t j between 1 CONTRACT t :> 1.L'CUI:DL-) day of August, 19791,EQ O: 110NEEP, NA?ION�E IRE IuSITANCE Paul M. Nakamura, as his separate estate SN0HO1,AISH COUNIT Ofr'1C- hereinafter called the "seller," and S:00 A.'A. AUG 2 2 1979 Michael J. Ellinger, a single man HENRY B. WHALEN, AUDITO;t .2WHOMISH C0U^ITY,;A-,'A hereinafter called the "purchaser," WPTNESSETH: That the seller agrees to sell to the purchaser and the purchaser agrees to purchase �rom the seller the following described real estate, with the appurtenances, in Snohomish County, State of Washington: �u ur I WEST 30 FEET OF LOT 11MEASURED ALONG SCJTH LINE THEREOF, BLOCK 8, LAKE BALLINGER LAND CO'S PLAT SUBDIVISION NO. 1, ACCORDING TO PLAT THEREOF RECORDED IN VOLUME 9 OF PLATS, PAGES 57 AND 58, RECORDS OF SNOHO,-1I SH COUNTY, WASHINGTON; 4' TOGETHER WITH VACATED STREET LYING BETWEEN EAST LINE OF LOT 27, BLOCK 7 AND WEST LINE OF LOT 1 IN SAID BLOCK 8; Cq TOGETHER WITH THAT PORTION OF VACATED ROAD IN FRONT OF AND ADJACENT Cq GO TO THE '.JEST 30 FEET OF LOT 1, BLOCK 8 AND IN FRONT OF APiD ADJACENT TO THE V�CAT_D STREET LYING BETWEEN EAST LINE OF LOT 27, BLOCK 7 AND WEST LINE OF LOT 1, BLOCK 8, OF SAID ADDITION; .Tl. EXCEPT THE SOUTH 16 FEET OF SAID VACATED ROAD CONVEYED TO STATE OF WASHINGTON BY DEED RECORDED OCTOBER 13, 1949, UNDER AUDI TO.,t FIL.r NO. 931508; AND �b EXCEPT ANY PORTION LYING WITHIN NORTH 2O5TH.. TOGETHER WITH SHORELANDS OF SECOND CLASS SITUATE IN FRONT OF, ADJACENT TO AND.ABUTTING THEREOF. One Hun Eighty e-5y/lUU====�---- or more at purchaser's option, on or before the 22nd day of September 19 79 and One Hundred Eighty Seven and 59/100------- (5 187,59 ) Dollars, or more at purchaser's option, on or before the 22nd day of each succeeding calendar month until the balance of said purchase price shall have been fully paid. The purchaser further agrees to pay interest on the diminishing balance of said purchase price at tho-r�te,of 10,75 per cent per annum from the 22nd day of August , 1979 c, ' wYicb interest shall be deducted from each installment payment and the balance of each payment applied in reduction of principal. r All payments to be made hereunder shall be made at 2429 N.W. 60th, Seattle, GAA. 98107 oi-at such'other•place as the seller may direct in writing. Purchaser to pay entire principal balance owing on or before 18 months from date of closing RLA(_ I.S I r1.l L SALEi A,r.ourlT PAID P.2 2 1979 � � � v,, " As referred to in this contract, "date of closing" shall be / August 22 , 1979 KIRKE SIL'FEPS, spjj,V?!Is:l CO;lfii By.__ (1) The purchaser assumes and agrees to pay before delinquency all taxes and assessments that may as between grantor and grantee �,,, hereafter become a lien on said real estate; and if by the terms of this contract the purchaser has assumed payment of any mortgage, contract or other encumbrance, or has assumed payment of or agreed to purchase subject to, any taxes or assessments now a lien on said, real estate, the purchaser agrees to pay the same before delinquency. (2) The purchaser agrees, until the purchase price is fully paid, to keep the buildings now and hereafter placed on said real estate insured to the actual cash value thereof against loss or damage by both fire and windstorm in a company acceptable to the seller and for the seller's benefit, as his interest may appear, and to pay all premiums therefor and to deliver all policies and renewals thereof to the seller. (3) The purchaser agrees that full inspection of said real estate has been made and that neither the seller nor his assigns shall be held to any covenant respecting the condition of any improvements thereon nor shall the purchaser or seller or the assigns of either be held to any covenant or agreement for alterations, improvements or repairs unless the covenant or agreement relied on is contained herein or is in writing and attached to and made a part of this contract: (4) The purchaser assumes all hazards of damage to or destruction of any improvements now on said real estate or hereafter placed thereon, and of the taking of said real estate or any part thereof for public use; and agrees that no such damage, destruction or takinc shall constitute a failure of consideration. In case any part of said real estate is taken for public use, the portion of the condemnation award remaining after payment of reasonable expenses of procuring the same shall be paid to the seller and applied as payment on the purchase price herein unless the seller elects to allow the purchaser to apply all or a portion of such condemnation award to the rebuilding or restora- tion of any improvements damaged by such taking. In case of damage or destruction from a peril insured against, the proceeds of such insurance remaining after payment of the reasonable expense of procuring the same shall be devoted to the restoration or rebuilding of such improvements within a reasonable time, unless purchaser elects that said proceeds shall be paid to the seller for application. on the purchase price herein. (5) The seller has delivered, or agrees to deliver within 15 days of the date of closing, a purchaser's policy of title insurance in standard form, or a commitment therefor, issued by Chicago Title Insurance Company, insuring the purchaser to the full amount of said purchase price against loss or damage by reason of defect in seller's title to said real estate as of the date of closing and containing no exceptions other than the following: I a. Printed general exceptions appearing in said policy form; b. Liens or encumbrances which by the terms of this contract the purchaser is to assume, or as to which the conveyance hereunder ", •' is to be made subject; and Any existing contract or contracts under which seller is purchasing said real estate, and any mortgage or other obligation, which .;. seller by this contract agrees to pay, none of which for the purpose of this paragraph (5) shall be deemed defects in seller's title. (6) If seller's title to said real estate is subject to an existing contract or contractsunder which seller is purchasing said real estate, or any mortgage or other obligation, which seller is to pay, seller agrees to make such payments in accordance with the terms thereof, and upon default, the purchaser shall have the right to make any payments necessary to remove the default, and any payments so made shall be applied to the payments next falling due the seller under this contract. (7) The seller agrees, upon receiving full payment of the pur&ase price and interest in the manner above specified, to execute and deliver to purchaser a statutory warranty ful f i 1 lment___ __deed to said real estate, excepting any part thereof hereafter taken for public use, free of encumbrances except any that may attach after date of closing through any person other than the seller, and subject to the following: easements, restrictions of reservations of record (8) Unless a different date is provided for herein, the purchaser shall be entitled to possession of said real estate on date of closing and to retain possession so long as purchaser is not in default hereunder. The purchaser covenants to keep the buildings and other improve- ments on said real estate in good repair and not to permit waste and not to use, or permit the use of, the real estate for any illegal purpose. The purchaser covenants to pay all service, installation or construction charges for water, sewer, electricity, garbage or other utility services furnished to said real estate after the date purchaser is entitled to possession. (9) In case the purchaser fails to make any payment herein provided or to maintain insurance, as herein required, the seller may make such payment or effect such insurance, and any amounts so paid by the seller, together with interest at the rate of 10% per annum thereon from date of payment until repaid, shall be repayable by purchaser on seller's demand, all without prejudice to any other right the seller might have by reason of such default. (10) Time is of the essence of this contract, and it is agreed that in case the purchaser shall fail to comply with or perform any condition or agreement hereof or to make any payment required hereunder promptly at the time and in the manner herein required, the seller may elect to declare all the purchaser's rights hereunder terminated, and upon his doing so, all payments made by the purchaser hereunder and all improvements placed upon the real estate shall be forfeited to the seller as liquidated damages, and the seller shall have right to re-enter and take possession of the real estate; and no waiver by the seller of any default on the part of the purchaser shall be construed as a waiver of any subsequent default. Service upon purchaser of all demands, notices or other papers with respect to forfeiture and termination of purchaser's rights may be made by United States Mail, postage pre -paid, return receipt requested, directed to the purchaser at his address last known to the seller. (11) Upon seller's election to bring suit to enforce any covenant of this contract, including suit to collect any payment required hereunder, the purchaser agrees to pay a reasonable sum as attorney's fees and all costs and expenses in connection with such- suit, which sums shall be included in any judgment or decree entered in such suit. If the seller, shall bring suit to procure an adjudication of the termination of the purchaser's rights hereunder, and judgment is so entered, the purchaser agrees to pay a reasonable sum as attorney's fees and all costs and expenses in connection with such suit, and also the reasonable , cost of searching records to determine the condition of title at the date such suit is commenced, which sums shall be included in any judgment or decree entered in such suit. IN WITNESS WHEREOF, the parties hereto have executed this i sf ent as tjti� date Paul D4. Nak STATE OF WASHINGTON, ss. County of King above. - SEAL)yet y ........... --- - ......... .. l.i AL)y r� 00 er b10 N s : ti ...-----..................... �.:.:..:..t.q(fARI NO On this day personally appeared before me Paul M. Nakamura to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as . his free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this I' 908220021 off. day of August, 1979 (*Chicago Title Insurance Company FILED FOR RECORD AT REQUEST OF WHEN RECORDED RETURN TO Notary Public in and for the State of Washington, residing at.4.::—�1....11 !.....G"_i Name........ ............. ... ,..... ...........r.... ................... .......... Address ......... City, State, Zip ...... ............ ..... ........................... _....... ....... ----------------------------------------- THIS SPACE PROVIDED FOR RECORDER'S USE: i i , ------------------- ---------