HomeMy WebLinkAboutPermit 86-62-SS - SANDLER & ASSOCIATES - DT AND C BUILDING SHORT PLATPermit 86-62-SS - SANDLER & ASSOCIATES - DT AND C BUILDING SHORT PLAT
interurban avenue south
dt and c building
8612101050
Return to: Planning Department
City of Tukwila
6200 Southcenter Boulevard
Tukwila, Washington 98188
LEGAL DESCRIPTION
SEE EXHIBIT A
cord at
the request of:
M.N.Sandler & Assoc., Inc.
Name
SHORT PLAT NO. 84 -CZ. -55
TUKWILA, WASHINGTON
APPROVAL
Reviewed and approved by the Short
Subdivision Committee and hereby
certified for filing this _3
day of PELMENANSIt , 196.
a rm.n, ort Subdivision Committee
A SESSOR
Lel
,aiDOe'/C
DEPUTY ASSESSOR,
86/12/10
RECCE F 9.'00
REV 5 15.00
#1050 .
DEPARTMENT OF. ASSESSMENTS
EXAMINED AND APPROVED THIS
day of 6e , • SC'
T
10 9
NW. COR.
TRACT 7
z
63'
6
L =67
- - -}— R` 7'.8
8 5
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N89°03'03" W \�
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re op
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SLID' CONSTRuCTiON ESMT.
FOR TRAIL
10' PERMANENT ESMT.
PEDESTRIAN TP.41L
11
d = /7'2e' /o--
R
L = 19.82' 50& 'f
N
LOT 8
SW. CDR.
TRACT 4
1 10 nO
E
•
_ _-- N
Land Surveyor's Certificate:
This short plat correctly represents a
survey made by me or under my direction
in conformance with the requirements of
appropriate state statute and has been
property staked in accordance with the
Tukwila Subdivision Code.
//- 25 - 86
a6 to
Certificate No. 15660
#4287- 86
as
N
0
.
sx
3
DRIVEWAY
EASEMENT
DETAIL
SCALE: 1 "• 10'
Short Plat No. R4-42-55
3
TYP /CAL :
ALL LOT CORNERS
NAVE BEEN SET.
5' DRIVEWAY ESMT.
A.F. No. 4006073
C. E A
C� OP' Bt. 9 g A
in NI° 96*
SEWER
EAS
A.F N0.6097/9
Map on File in Vault
Direction:
Scale: /".= /00'
Page
of .3
seal
In witness whereof we have set our hands and seals.
Name
Name Name
Name Name
Name Name
STATE OF WASHINGTON,
County of
On this day personally appeared before me
DECLARATION:
Know all men by these presents that we, the undersigned, owner(s) in fee simple
and /or contract purchaser(s) of the land herein described do hereby make a short
subdivision thereof pursuant to RCW 58.17.060 and acknowledge that said short
subdivision shall nt be further divided in any manner within a period of five
years, from date of record, without the filing of a final play. The undersigned
further declare that the attached map is the graphic representation of said
boundary line adjustment and that same is made with the free consent and in
accordance with the desire of the owner(s).
(1.6 E ?4\ L. PA-R.T(re2
STATE OF WASHINGTON,
County of
On this day personally appeared before me / 0,`1-
to me know to be the individual described in an w o executed the within and
foregoing instrument, and acknowledged that signed the
same as ,;, free and voluntary act and deed, for the uses and
purposes therein mentioned.
Given under my hand and official seal this /qcL day of /14. , 19Z
r otary Public in and for , State of
Washington, residing at c -�„.:'
/0 -T -Pi'
to me know to be the individual described in an who executed the within and
foregoing instrument, and acknowledged that signed the
same as free and voluntary act and deed, for the uses and
purposes therein mentioned.
Given under my hand and official seal this day of , 19
seal Notary Public in and for the State of
Washington, residing at
c� .w+
01 .4 / -2.t !VS Pana of �”
File No. 4287 -86
11/13/86
LEGAL DESCRIPTIONS
TOTAL PARCEL:
EXHIBIT A
Tracts 4,5, 6 and 7, Block 15 of Hillman's Seattle Garden
Tracts, as per plat recorded in Volume 11 of Plats, on Page
24, Records of King County, EXCEPT the northeasterly 40 feet,
thereof, condemned by King County for road purposes (now
known as Interurban Avenue) in King County Superior Court
Cause No. 109001; situate in the Town of Tukwila, County of
King, State of Washington.
LESS the following by Condemnation No. 704726 to the State of
Washington:
ALL that portion of the above described Tracts lying easterly
of a line described as follows: Beginning at a point opposite
Highway Engineer's Station P.O.T. 95 +81.69 Ahead Equals P.O.T.
95 +28.46 Back and a distance of 40 feet westerly, when measured
at right angles, from the center line of SR 181, South Corporate
Limits of Tukwila to Foster Interchange; thence northerly parallel
with said center line to the North line of Tract 7 and the end
of this line description.
SUBJECT TO an easement for driveway purposes over the southerly
5 feet of the easterly 315 feet of Lot 4, EXCEPT the northerly
40 feet, thereof, as disclosed by Deed recorded April 17, 1950,
under Auditor's File No. 4006073, reference to which record is
made for further particulars.
LOT A
That portion of Tracts 4 and 5, Block 15 of Hillmans's Seattle
Garden Tracts as recorded in Volume 11 of Plats, page 24, re-
cords of King county, Washington more particularly described
as follows:
COMMENCING at the southwesterly corner of said Tract 4; thence
North 68 °35'06" East along the southeasterly line thereof,
136.34 feet TO THE POINT OF BEGINNING; thence North 06 °19'04"
West, 207.33 feet; thence North 68 °35'06" East, 195.00 feet to
the westerly margin of Interurban Avenue (S.R. 181); thence
South 21 °24'54" East along said margin, 47.00 feet; thence
North 68 °35'06" East, 10.00 feet; thence South 21 ° 24'54" East,
still on the west road margin, 153.17 feet; thence South 68 °35'
06" West along the said South line of Tract 4, 259.00 feet to
the POINT OF BEGINNING.
Subject to a driveway easement over the southerly 5 feet there-
of as contained in a Deed recorded April 17, 1950, under Auditor's
File No. 4006073.
Subject to a common driveway easement over a portion of the
northerly 29 feet thereof more particularly described as follows:
BEGINNING at the northeasterly corner of Lot A; thence South
21 °24'54" East along the road margin, 29.0 feet; thence South
68 °35'06" West, 130.0 feet; thence North 21 °24'54" West, 19.69
feet; thence along a curve to the left having a radius of 7.50
feet, through a central angle p f 67 ° 38'09" an arc distance of
8.85 feet; thence North 89 °03'03" West, 6.25 feet to the north-
erly line of Lot A; thence North 68 °35'06" East along said
northerly line, 140.43 feet to the POINT OF BEGINNING.
SUBJECT TO an easement for sanitary sewer facilites over
the Northeasterly 10 feet of said Lot A as recorded under
Auditor's File No. 6097193.
LOT B
That portion of Tracts 4, 5, 6 and 7, Block 15, of Hillman's
Seattle Garden Tracts, as recorded in Volume 11 of Plats, on
Page 24, Records of King County, Washington, more particularly
described as follows:
BEGINNING at the Southwesterly corner of said Tract 4; thence
North 21 °24'54" West along the Westerly line thereof, 353.01
feet; thence along the Southeasterly margin of 59th Place South,
along a curve to the left, the center of which bears North
71 °54'19" West, having a radius of 65 feet, through a central
angle of 17 °28'10 ", an arc distance 19.82 feet; thence North
00 °37'31" East, still on the road margin, 60.10 feet to the
Northerly line of said Tract 7; thence North 68 °35'06" East,
along said tract line, 157.69 feet; thence South 21 °24'54" East,
225.51 feet; thence South 06 °19'04" East, 207.33 feet to the
Southerly line of Tract 4; thence South 68 °35'06 West along said
Southerly line, 136.34 feet to the POINT OF BEGINNING.
SUBJECT TO a driveway easement over the Southerly 5 feet of the
Easterly 16 feet thereof, as recorded under Auditor's File No.
4006073.
LOT C
That portion of Tracts 6 and 7, Block 15, of Hillman's Seattle
Garden Tracts, as recorded in Volume 11 of Plats, on Page 24,
Records of King County, Washington.
EXCEPT the Northeasterly 40 feet thereof, and LESS an additional
10 feet along the Northeasterly line thereof, and particularly
described as follows:
Commencing at the Northwesterly corner of said Tract 7; thence
North 68 °35'06" East, along the Northerly line thereof, 157.69
feet to.the POINT OF BEGINNING; thence continuing North 68 °35'06"
East, 195.00 feet to the Westerly margin of Interurban Avenue
South (S.R. 181); thence South 21 °24'54" East along said margin,
225.51 feet; thence South 68 °35'06" West, 195.00 feet; thence
North 21 °24'54" West, 225.51 feet to the POINT OF BEGINNING.
TOGETHER WITH a common driveway easement described as follows:
BEGINNING at the Southeasterly corner of Lot C; thence South
21 °24'54" East along the road margin, 2.9.0 feet; thence South
68 °35'06" West, 130.0 feet; thence North 21 °24'54" West, 19.69
feet; thence along a curve to the left, having a radius of 7.50
feet, through a central angle of 67 °38'09 ", an arc distance of
8.85 feet; thence North 89 °03'03" West, 6.25 feet to the North-
erly line of Lot A; thence North 68 °35'06" East along said
Northerly line, 140.43 feet to the POINT OF BEGINNING.
SUBJECT TO a temporary construction easement for a pedestrian
trail over that portion of the lot described as follows:
BEGINNING at the NOrthwesterly corner of Lot C; thence North
68 °3506" East, along the Northerly line thereof, 195.00 feet;
thence South 21 °24'54" East, along the road margin, 20.00 feet;
thence South 68 °35'06" West, 105.00 feet; thence South 28 °46'46"
West, 117.15 feet to the Westerly lot line; thence North 21 °24'54"
West along said Westerly line, 95.00 feet to the POINT OF BEGIN-
NING.
SUBJECT TO a permanent trail easement over the following descri-
bed parcel:
BEGINNING at the Northwesterly corner of Lot C; thence North
68 °35'06" East, along the Northerly line thereof, 195.00 feet;
thence South 21 °24'54" East along the road margin, 10.00 feet;
thence South 68 °35'06" West, 105.00 feet; thence South 25 °13'18"
West, 123.79 feet to the Westerly lot line; thence North
21 °24'54" West along said Westerly line, 95.00 feet to the
POINT OF BEGINNING.
File No. 4287 -86
11/13/86
EXHIBIT "A" (Continued,._.
City of Tukwila
6200 Southcenter Boulevard
Tukwila Washington 98188
(206) 433 -1800
Gary L. VanDusen, Mayor
SHORT SUBDIVISION COMMITTEE
Minutes of the Short Subdivision meeting of December 3, 1986.
The meeting was called to order at 11:00 a.m.
Members present were Rick Beeler, Byron Sneva and Doug Gibbs. Representing
Planning staff were Jack Pace and Joanne Johnson.
86- 62 -SS :` , DT &C
Mr. Pace summarized the applicant's request to subdivide the property
creating three lots with Lot B being dedicated to the City.
Discussion ensued regarding the soil stability of Lot B and any trees that
may become hazardous by development of the property.
MR. SNEVA MOVED AND MR. BEELER SECONDED A MOTION THAT THE PROPOSED
SUBDIVISION BE APPROVED SUBJECT TO THE CONDITION THAT ALL REFERENCE TO THE
TYPOGRAPHICAL ERROR OF EXHIBIT B IN THE TEXT BE CHANGED TO EXHIBIT A. THE
MOTION PASSED UNANIMOUSLY.
86- 63 -SS: Robert James North
Mr. Pace summarized the applicant's request to subdivide one lot into two
lots.
The Committee discussed the ingress on 66th, access of water and all
utilities, as well as the availability of a fire hydrant and the grade of
the property being held to 15 %.
MR. SNEVA MOVED AND MR. GIBBS SECONDED A MOTION THAT THE PROPOSED
SUBDIVISION BE APPROVED WITH THE FOLLOWING CONDITIONS:
1. A plan be submitted showing the existing building on Lot 1 to ensure .
compliance with the rear yard setback requirements.
2. Note on the Short Plat that the building wall for Lot 2 be within 300
feet of a fire hydrant.
3. Note on the Short Plat that there be no driveway access to 144th
Street.
4. The applicant needs to check with Public Work staff to determine if
sewer connection can be obtained on 144th.
�
December 3, 1986
Page 2
Respectfully submitted,
Joanne Johnson
Secretary
RECREATIONAL TRAIL EASEMENT
THIS AGREEMENT is entered into between 12 j m -'
(hereinafter referred to as "the Grantor "),
and the CITY OF TUKWILA, a Washington optional municipal code
city (hereinafter referred to as "the Grantee ").
WHEREAS, Grantor owns or has an interest in certain real
property (hereinafter referred to as "the Property ") located
adjacent in the City of Tukwila, Washington, more particularly
described on Exhibit A attached hereto and incorporated herein by
this reference, and
WHEREAS, Grantee is in the process of developing a pub-
lic recreational trail system within Grantee's corporate limits,
and
WHEREAS, Grantor has agreed to grant an easement to
Grantee to develop the easement as an outdoor recreational trail
for public use and Grantee has agreed to utilize the Property for
such use according to certain terms and conditions, now, there-
fore,
IN CONSIDERATION of the mutual benefits and and condi-
tions hereinafter contained, Grantor hereby conveys and grants to
Grantee, its successors and assigns, a perpetual, nonexclusive
easement ( "the Easement ") across along, in and upon that portion
of the Property shown on Exhibit B attached hereto and incorpor-
ated herein by this reference, su ect to the following terms and
conditions, by which Grantee agrees to be bound:
1. Use of the Property. Grantee's use of the Easement
shall be for the purpose of landscaping, developing and maintain-
ing the Easement for public recreational trail purposes and of
installing, maintaining and providing for public use of recrea-
tional trail facilities thereon. The use of the recreation trail
will be restricted to pedestrian, equestrian and bicycle use.
Camping, campfires, the use of firearms and any other activities
that would be inconsistent with the safe use of the Easement by
the public will be prohibited. In addition to the restrictions
.on use provided herein, Grantee shall have the power to promul-
gate and enforce such other rules and regulations for use of the
trail by the public as it may deem fit and proper to promote safe
and equitable use.
2. Construction and Maintenance. The design of the
public recreation trail shall be in the sole discretion of the
Grantee, provided that the design and landscaping of the trail
shall be consistent and in harmony with the Grantor's improve-
ments and landscaping on the rest of the Property. Grantee
..agrees to make reasonable attempts in designing the public recre-
ational trail to accommodate any plans for development by Grantor
on property adjacent to the trail. All design, engineering and
construction costs incurred in completing the trail shall be at
the sole cost and expense of the.Grantee. Grantee shall be
responsible for all maintenance and maintenance costs incurred
with respect to the trail. Neither the existence of the Ease-
ment, the construction of the trail, nor the use of the trail
shall in any manner adversely affect the Grantor's use of the
Property or result in the elimination or reduction of current or
potential parking stalls, driveways or other such uses or
TR0000057A -1-
improvements. During construction of the trail, Grantee may use
the additional ten (10) foot wide space designated on Exhibit B
as "construction easement for trail," for the sole purpose of
constructing the trail. Once construction of the trail has com-
menced, such construction shall be continued in a diligent manner
until completion, at which time the additional ten (10) feet for
the construction easement shall terminate. During trail con-
struction Grantee shall keep the construction area in an orderly
and neat condition. Subsequent to construction of the trail
Grantee shall likewise maintain the trail in a neat and clean
condition.
3. Timing of Construction. Both parties understand
and agree that the time at which the Grantee will develop the
recreational trail is unknown at present because of the necessity
to acquire additional right -of -way and the funding necessary to
construct the trail, but will in no event be sooner than four (4)
years from the date hereof. Grantor and Grantee agree that
Grantor may, with the prior written consent of the Grantee, make
temporary improvements to the Easement pending construction of
the trail. Grantee shall have sole discretion in determining
whether or not to approve any improvements in the Easement which
would interfere with or be inconsistent with Grantee's use of the
Easement for a recreational trail. In the event that improve-
ments are made on the Easement with Grantee's consent, Grantee
shall bear the cost of removal of such improvements at the time
of trail construction. Grantee shall not be responsible, how-
ever, for paying the cost of relocating or reinstalling such
improvements, or for paying the costs of installing such improve-
ments incurred by the Grantor, or for paying the cost of replac-
ing said improvements. Grantee's approval of landscaping or
other development by the Grantor in the easement area shall not
constitute a waiver of Grantee's rights under this easement to
construct and maintain the recreational trail, nor shall any
delay in construction of such trail constitute an abandonment or
release of the right to develop such trail by the Grantee.
4. Indemnity. Grantee shall indemnify, defend and
hold harmless the Grantor from and against any and all claims,
losses or liability, or any portion thereof, arising from injury
or death to persons or damage to property occasioned by a negli-
.gent act, omission or failure of the Grantee, its officers,
agents and employees, in constructing and maintaining the recrea-
tional trail.
5. Successors. This Agreement shall be recorded with
the King County Auditor and shall constitute an easement and
servitude running with the land, inuring to the benefit of the
parties hereto, their heirs, executors, administrators, succes-
sors and assigns.
Executed by the Grantor on /t/,1 /9
Executed by the Grantee on
GRANTEE: GRANTOR:
GARY L. VAN DUSEN, MAYOR
TR0000057A -2-
By
Ti
,/ LC- _ J .1.�.�.
, 1984 .
, 198 .
ATTEST /AUTHENTICATED:
MAXINE ANDERSON, CITY CLERK
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By
STATE OF WASHINGTON
COUNTY OF KING
I certify that I know or have satisfactory evidence that
Gary L. Van Dusen and Maxine Anderson signed this instrument, on
oath stated that they were authorized to execute the insrtrument
and acknowledged it as the Mayor and City Clerk of THE CITY OF
TUKWILA to be the free and voluntary act of such party for the
uses and purposes mentioned in the instrument.
STATE OF WASHINGTON
COUNTY OF KING
ss.
ss.
Dated
Signature of NOTARY PUBLIC
Title
My appointment expires
I cer5 that I know or have satisfactory evidence
that Ali/5,24d signed this instrument, on oath
stated that }6 weleeauthorized to execute this
instrument and acknowledged to be the free and voluntary act of
such party for the uses and purposes mentioned in the instrument.
TRO000057A
S' A f . �
ature of NO ARY PUBL
T it 1 ea c-,:. ivr
My appointment expires fa -,pfJ
STATE OF WASHINGTON
COUNTY OF KING
s s
Dated
I certify that I know or have satisfactory evidence
that signed this instrument and acknowledged
it to be free and voluntary act for the uses and purposes
mentioned in the instrument.
Signature of NOTARY PUBLIC
Title
My appointment expires
t i �h!. r i V14.0C:a . «.■
FORM NO. W&AK -5000
Washington & Alaska Region
ALTA Owners Policy — Form B — 1970
Amended 10 -17.70
POLICY OF TITLE INSURANCE
ISSUED BY
TRANSAMERICA TITLE INSURANCE COMPANY
SUBJECT TO THE SCHEDULE OF EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CON-
TAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS
HEREOF, TRANSAMERICA TITLE INSURANCE COMPANY, a California corporation, herein called the
Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding
the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the
Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein;
2. Any defect in or lien or encumbrance on such title;
3. Lack of a right of access to and from the land; or
4. Unmarketability of such title.
IN WITNESS WHEREOF, Transamerica Title Insurance Company has caused this policy to be signed
and sealed by its duly authorized officers as of Date of Policy shown in Schedule A.
Transamerica Title Insurance Company
Proudest
Secretary
ATatiVed
SCHEk - LE OF EXCLUSIONS FROM CG 'RAGE
The following matters are expressly excluded from the coverage of this policy:
1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) re-
stricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character,
dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in
ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordi-
nance or governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears
in the public records at Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the
insured claimant; (b) not known to the Company and not shown by the public records but known to the insured
claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy
and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became
an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subse-
quent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claim-
ant had paid value for the estate or interest insured by this policy.
1. DEFINITION OF TERMS
The following terms when used in this policy mean:
(a) "insured ": the insured named in Schedule A, and,
subject to any rights or defenses the Company may have
against the named insured, those who succeed to the interest
of such insured by operation of law as distinguished from
purchase including, but not limited to, heirs, distributees.
devisees, survivors, personal representatives, next of kin, or
corporate or fiduciary successors.
(b) "insured claimant ": an insured claiming loss or dam-
age hereunder.
(c) "knowledge ": actual knowledge, not constructive
knowledge or notice which may be imputed to an insured by
reason of any public records.
(d) "land ": the land described, specifically or by reference
in Schedule A, and improvements affixed thereto which by law
constitute real property; provided, however, the term "land"
does not include any property beyond the lines of the area
specifically described or referred to in Schedule A, nor any
right, title, interest, estate or easement in abutting streets,
roads, avenues, alleys, lanes, ways or waterways, but nothing
herein shall modify or limit the extent to which a right of
access to and from the land is insured by this policy.
(e) "mortgage ": mortgage, deed of trust, trust deed, or
other security instrument.
(f) "public records ": those records which by law impart
constructive notice of matters relating to said land.
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF
TITLE
The coverage of this policy shall continue in force as of
Date of Policy in favor of an insured so long as such insured
retains an estate or interest in the land, or holds an indebted-
ness secured by a purchase money mortgage given by a pur-
chaser from such insured, or so long as such insured shall
have liability by reason of covenants of warranty made by
such insured in any transfer or conveyance of such estate or
interest; provided, however, this policy shall not continue in
force in favor of any purchaser from such insured of either
said estate or interest or the indebtedness secured by a pur-
chase money mortgage given to such insured.
3. DEFENSE AND PROSECUTION OF ACTIONS — NOTICE OF
CLAIM TO BE GIVEN BY AN INSURED CLAIMANT
(a) The Company, at its own cost and without undue
delay, shall provide for the defense of an insured in all litiga-
tion consisting of actions or proceedings commenced against
such insured. or a defense interposed against an insured in an
action to enforce a contract for a sale of the estate or interest
in said land. to the extent that such litigation is founded upon
an alleged defect, lien, encumbrance, or other matter insured
against by this policy.
CONDITIONS AND STIPULATIONS
Continued on Front of Back Cover
(b) The insured shall notify the Company promptly in
writing (i) in case any action or proceeding is begun or de-
fense is interposed as set forth in (a) above, (ii) in case knowl-
edge shall come to an insured hereunder of any claim of title
or interest which is adverse to the title to the estate or interest,
as insured, and which might cause loss or damage for which
the Company may be liable by virtue of this policy, or (iii) if
title to the estate or interest, as insured, is rejected as un-
marketable. If such prompt notice shall not be given to the
Company, then as to such insured all liability of the Company
shall cease and terminate in regard to the matter or matters
for which such prompt notice is required; provided, however,
that failure to notify shall in no case prejudice the rights of any
such insured under this policy unless the Company shall be
preiudiced by such failure and then only to the extent of
such prejudice.
(c) The Company shall have the right at its own cost to
institute and without undue delay prosecute any action or
proceeding or to do any other act which in its opinion may be
necessary or desirable to establish the title to the estate or
interest as insured. and the Company may take any appro-
priate action under the terms of this policy, whether or not
it shall be liable thereunder, and shall not thereby concede
liability or waive any provision of this policy.
(d) Whenever the Company shall have brought any action
or interposed a defense as required or permitted by the pro-
visions of this policy. the Company may pursue any such
litigation to final determination by a court of competent juris-
diction and expressly reserves the right, in its sole discretion,
to appeal from any adverse judgment or order.
(e) In all cases where this policy permits or requires the
Company to prosecute or provide for the defense of any action
or proceeding, the insured hereunder shall secure to the
Company the right to so prosecute or provide defense in such
action or proceeding, and all appeals therein, and permit the
Company to use, at its option, the name of such insured for
such purpose. Whenever requested by the Company, such
insured shall give the Company all reasonable aid in any such
action or proceeding, in effecting settlement, securing evidence,
obtaining witnesses, or prosecuting or defending such action
or proceeding, and the Company shall reimburse such insured
for any expense so incurred.
4. NOTICE OF LOSS — LIMITATION OF ACTION
In addition to the notices required under paragraph 3(b)
of these Conditions and Stipulations, a statement in writing
of any loss or damage for which it is claimed the Company
is liable under this policy shall be furnished to the Company
within 90 days after such Toss or damage shall have been de-
termined and no right of action shall accrue to an insured
claimant until 30 days after such statement shall have been
furnished. Failure to furnish such statement of loss or damage
shall terminate any liability of the Company under this policy
as to such loss or damage.
S. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS
The Company shall have the option to pay or otherwise
settle for or in the name of an insured claimant any claim in-
sured against or to terminate all liability and obligations of
the Company hereunder by paying or tendering payment of
the amount of insurance under this policy together with any
costs, attorneys' fees and expenses incurred up to the time
of such payment or tender of payment, by the insured claim-
ant and authorized by the Company.
6. DETERMINATION AND PAYMENT OF LOSS
(a) The liability of the Company under this policy shall
in no case exceed the least of:
(i) the actual loss of the insured claimant; or
(ii) the amount of insurance in Schedule A.
(b) The Company will pay, in addition to any loss insured
against by this policy, all costs imposed upon an insured in liti-
gation carried on by the Company for such insured, and all
costs, attorneys' fees and expenses in litigation carried on by
such insured with the written authorization of the Company.
(c) When liability has been definitely fixed in accordance
with the conditions of this policy, the loss or damage shall be
payable within 30 days thereafter.
7. LIMITATION OF LIABILITY
No claim shall arise or be maintained under this policy
(a) if the Company. after having received notice of an alleged
defect, lien or encumbrance insured against hereunder, by
litigation or otherwise, removes such defect, lien or encum-
brance or establishes the title, as insured, within a reasonable
time after receipt of such notice; (b) in the event of litigation
until there has been a final determination by a court of com-
petent jurisdiction, and disposition of all appeals therefrom,
adverse to the title. as insured, as provided in paragraph 3
hereof; or (c) for liability voluntarily assumed by an insured
in settling any claim or suit without prior written consent of
the Company.
8. REDUCTION OF LIABILITY
All payments under this policy, except payments made for
costs, attorneys' fees and expenses, shall reduce the amount
of the insurance pro tanto. No payment shall be made without
producing this policy for endorsement of such payment unless
the policy be lost or destroyed, in which case proof of such
loss or destruction shall be furnished to the satisfaction of
the Company.
9. LIABILITY NONCUMULATIVE
It is expressly understood that the amount of insurance
under this policy shall be reduced by any amount the Com-
pany may pay under policy insuring either (a) a mortgage
shown or referred to in Schedule B hereof which is a lien on
the estate or interest covered by this policy, or (b) a mortgage
hereafter executed by an insured which is a charge or lien on
the estate or interest described or referred to in Schedule A,
and the amount so paid shall be deemed a payment under this
policy. The Company shall have the option to apply to the pay-
ment of any such mortgages any amount that otherwise would
be payable hereunder to the insured owner of the estate or
Continued from Back of Front Cover
interest covered by this policy and the amount so paid shall
be deemed a payment under this policy to said insured owner.
10. APPORTIONMENT
If the land described in Schedule A consists of two or more
parcels which are not used as a single site, and a loss is estab-
lished affecting one or more of said parcels but not all, the
loss shall be computed and settled on a pro rata basis as if
the amount of insurance under this policy was divided pro
rata as to the value on Date of Policy of each separate parcel
to the whole. exclusive of any improvements made subsequent
to Date of Policy. unless a liability or value has otherwise
been agreed upon as to each such parcel by the Company and
the insured at the time of the issuance of this policy and
shown by an express statement herein or by an endorsement
attached hereto.
11. SUBROGATION UPON PAYMENT OR SETTLEMENT
Whenever the Company shall have settled a claim under
this policy, all right of subrogation shall vest in the Company
unaffected by any act of the insured claimant. The Company
shall be subrogated to and be entitled to all rights and reme-
dies which such insured claimant would have had against any
person or property in respect to such claim had this policy not
been issued. and if requested by the Company, such insured
claimant shall transfer to the Company all rights and remedies
against any person or property necessary in order to perfect
such right of subrogation and shall permit the Company to
use the name of such insured claimant in any transaction or
litigation involving such rights or remedies. If the payment
does not cover the loss of such insured claimant, the Company
shall be subrogated to such rights and remedies in the pro-
portion which said payment bears to the amount of said loss.
If loss should result from any act of such insured claimant,
such act shall not void this policy, but the Company, in that
event, shall be required to pay only that part of any losses
insured against hereunder which shall exceed the amount, if
any, lost to the Company by reason of the impairment of the
right of subrogation.
12. LIABILITY LIMITED TO THIS POLICY
This instrument together with all endorsements and other
instruments, if any, attached hereto by the Company is the
entire policy and contract between the insured and the
Company.
Any claim of loss or damage, whether or not based on
negligence, and which arises out of the status of the title to
the estate or interest covered hereby or any action asserting
such claim, shall be restricted to the provisions and conditions
and stipulations of this policy.
No amendment of or endorsement to this policy can be
made except by writing endorsed hereon or attached hereto
signed by either the President, a Vice President, the Secretary.
an Assistant Secretary, or validating officer or authorized
signatory of the Company.
13. NOTICES, WHERE SENT
All notices required to be given the Company and any
statement in writing required to be furnished the Company
shall be addressed to Transamerica Title Insurance Company,
Park Place, Sixth Ave. at University St., Seattle, WA. 98101.
FORM NO. W 8 AK 5000-1 •
For use with Washington 8 Alaska Region A 'Land Title Associetton
Owner's Policy —Form B - 1970 (Amended 161 0)
SCHEDULE A
Amount of Insurance $ 225,000.00
Date of Policy October 10, 1986 at 8:30 A.M.
1. Name of Insured:
Fee Simple Estate
3. The estate or interest referred to herein is at Date of Policy vested in:
The Named Insured
em
Policy No. 652417
Order No.
Prem: $10.00
DT &C PARTNERSHIP, a Washington general partnership (whose partners
are David Trueb, Herbert DeBoer and Larry Caruso)
2. The estate or interest in the land described herein and which is covered by this policy is:
FORM NO WaAK50002
For use with Washington & Alaska Rept°
Owner's Policy —Form B -1970 (Amended
exu' �rnnrusa¢ e�uaVYa:f wv:`.S's,,u.M( vcY:te <x
an Land Title Association
0)
SCHEDULE A— Continued
The land referred to in this policy is situated in the State of Washington , County of
King , and is described as follows:
Tracts 4, 5, 6 and 7 in Block 15 of Hillman's Seattle Garden
Tracts, as per plat recorded in Volume 11 of Plats, Page 24,
records of King County;
EXCEPT the Northeasterly 40 feet thereof condemned by King County
for road purposes (now known as Interurban Avenue) in King County
Superior Court Cause No. 109001;
AND EXCEPT that portion thereof lying Easterly of a line described
as follows:
Beginning at a point opposite Highway Engineer's Station P.O.T.
95 +81.69 Ahd- P.O.T. 95 +28.46 Bk and a distance of 40 feet Westerly,
when measured at right angles, from the center line of SR 181, So.
Corp. Limites of Tukwila to Foster Interchange;
thence Northerly parallel with said center line to the North line
of above described property and the end of this line
description;
Situate in the City of Tukwila, County of King, State of Washington.
.'�.'W: .1 1::Xa W
FORM NO. W-5000.3 REVISED 11•t OARO)
For use with Washington Region American Tit Title Association
Owner's Policy — Form B. — 1970 (Amended 10.18.70)
DISCLOSED BY:
PURPOSE:
AREA AFFECTED:
GRANTEE:
PURPOSE: -
AREA AFFECTED:
DATED:
RECORDING NO.:
SCHEDULE B
1. EASEMENT AND THE TERMS AND CONDITIONS THEREOF:
END OF EXCEPTIONS
2. EASEMENT AND THE TERMS AND CONDITIONS THEREOF:
This policy does not insure against loss or damage, nor against costs, attorneys fees or expenses, any or all of which arise
by reason of the following:
GENERAL EXCEPTIONS
1. Encroachments or questions of location, boundary and area. which an accurate survey may disclose.
2. Public or private easements, streets, roads, alleys or highways, unless disclosed of record by recorded plat or con-
veyance, or decree of a court of record.
3. Rights or claims of persons in possession, or claiming to be in possession, not disclosed by the public records.
4. Material or labor liens, or liens under the Workmen's Compensation Act not disclosed by the public records.
S. Water rights or matters relating thereto.
6. Any service, installation or construction charges for sewer, water, electricitX or garbage removal.
7. Mining claims, reservations or exceptions in Patents or in Acts authorizing the issuance thereof.
8. General taxes not now payable; matters relating to special assessments and special levies, if any preceding the same
becoming a lien.
9. Right of use, control or regulation by the United States of America, in the exercise of powers over navigation.
10. Any prohibition of or limitation of the use, occupancy or improvement of the land resulting from the rights of the
public or riparian owners to use any portion which is now or has been formerly covered by water.
SPECIAL EXCEPTIONS
Instrument recorded under Recording
No. 4006073
Driveway
Southerly 5 feet of the Easterly 315 feet
of Lot 4
City of Tukwila, a municipal
corporation of King County, WA
Utilities
The Northeasterly 10 feet
June 24, 1966
6097193
a'.- �. i : : � : i .• � to .,• l' `- `. � i� d . � � . � r � , ,
r, lib Nt.. &.R
*,tt.Fs,T, t'�`?Y•.i1ewa';at'}�i'r:';
ORDER NO. �;75J it
/
ESCROW NO,
LOAN NO.
MORTGAGOR
PLAT MAP Vol jl PG a4
PARCEL "E"
A � .
Ste
sr
This map does not purport to show all highways, roads or easements affecting
bald .property; no liability is assumed for variations in dimensions and location.
Transamerica Title
Insurance Company
HOME OFFICE
600 Montgomery Street
San Francisco. California 94111
(415) 983-4400
•
Arizona Division
34 West Monroe Street
Phoenix. Arizona 85003
(602) 262-0511
•
Northam California Division
1440 Maria Lane
Walnut Creek. Califomia 94596
(415) 947 -5701
•
Southern California Division
888 North Main Street
Santa Ana. Cahtornia 92701
(714) 547-9571
•
Colorado Division
1800 Lawrence Street
Denver, Colorado 80202
(303) 291 -4800
•
Eastern Agency Division
15 West Main Street
Somerville, New Jersey 08876
(201) 722 -9777
•
Midwest Division
33762 Schoolcraft Road
Livonia. Michigan 48150
(313) 425-2500
•
Oregon Division
12360 East Burnside
Portland, Oregon 97216
(503) 256 -1160
•:
Southwest Agency Division
12160 Abrams Road
Dallas, Texas 75243
(214) 234 -3866
•
Washington-Alaska Division ,
Park Place
Sixth Avenue at University Street
Seattle. Washington 98101
(208)628-4650
Policy of
Title
Insurance
Issued by
Transamerica Title
Insurance Company
Transamenaa
Title Services
Transamerica Title
Insurance Company
WASHINGTON - ALASKA DIVISION
• •
Headquarters For
Washington - Alaska
King County
Agency Operations
1200 6th Avenue. Seattle
•
Benton - Franklin Counties
3030 W. Clearwater Avenue, Kennewick
•
Chelan- Douglas Counties
209 N. Mission Street. Wenatchee
•
Clark County
202 E. Mill Plain Boulevard, Vancouver
•
Kitsap County
4040 Whoaton Way. Bremerton
•
Okanogan County
225 Pine Street, Okanogan
•
Snohomish County
2939 Colby Avenue, Everett
•
Spokane-Whitman Counties
North 720 Argonne Road. Spokane
Thurston County
2625 Martin Way. Oylmpia
County Agents Washington
Claiiam • Cowlitz • Island • Jefferson
Lewis • Pacific • Skagit • Yakima
ALASKA OPERATIONS
Anchorage District
701 E. Tudor Road. Anchorage
•
Fairbanks District
36 College Road, Fairbanks
•
Juneau District
369 S. Franklin. Juneau
•
District Agents Alaska
Ketchikan • Petersburg • Palmer
SItka • Tatkeetna • Wrangell
.:
.
President
Secretary
Continued on Inside Back Cover
Appearing In ALTA Owners Policy —Form B
1. Any law, ordinance or governmental regulation (including
but not limited to building and zoning ordinances) restricting
or regulating or prohibiting the occupancy, use or enjoy-
ment of the land, or regulating the character, dimensions or
location of any improvement now or hereafter erected on
the land, or prohibiting a separation in ownership or a re-
duction in the dimensions or area of the land, or the effect
of any violation of any such law, ordinance or governmental
regulation.
2. Rights of eminent domain or governmental rights of police
power unless notice of the exercise of such rights appears
in the public records at Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other mat-
ters (a) created, suffered, assumed or agreed to by the
insured claimant; (b) not known to the Company and not
shown by the public records but known to the insured
claimant either at Date of Policy or at the date such claimant
acquired an estate or interest insured by this policy and not
disclosed in writing by the insured claimant to the Company
prior to the date such insured claimant became an insured
hereunder; (c) resulting in no loss or damage to the insured
claimant; (d) attaching or created subsequent to Date of
Policy; or (e) resulting in Toss or damage which would not
have been sustained if the insured claimant had paid value
for the estate or interest insured by this policy.
COMLTMENT CONDITIONS AND STIFF ATIONS
1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument.
2. If the proposed insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other
matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown
in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be
relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company
is prejudiced by failure to so disclose such knowledge. If the proposed insured shall disclose such knowledge to
the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance,
adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly,
but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of
these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed insured and such parties
included under the definition of insured in the form of policy or policies committed for and only for actual loss
incurred in reliance hereon in undertaking in good faith, (a) to comply with the requirements hereof, or (b) to
eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon
covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the
policy or policies committed for and such liability is subject to the insuring provisions, the Conditions and Stipu-
lations, and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed
insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly
modified herein.
4. Any action or actions or rights of action that the proposed insured may have or may bring against the Company
arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this
Commitment must be based on and are subject to the provisions of this Commitment.
SCHEDULE OF EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy:
Appearing In ALTA Loan Policy -1970
1. Any law, ordinance or governmental regulation (including
but not limited to building and zoning ordinances) restricting
or regulating or prohibiting the occupancy, use or enjoy-
ment of the land, or regulating the character, dimensions or
location of any improvement now or hereafter erected on
the land, or prohibiting a separation in ownership or a re-
duction in the dimensions or area of the land, or the effect
of any violation of any such law, ordinance or governmental
regulation.
2. Rights of eminent domain or governmental rights of police
power unless notice of the exercise of such rights appears
in the public records at Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other mat-
ters (a) created, suffered, assumed or agreed to by the
insured claimant; (b) not known to the Company and not
shown by the public records but known to the insured
claimant either at Date of Policy or at the date such claimant
acquired an estate or interest insured by this policy or
acquired the insured mortgage and not disclosed in writing
by the insured claimant to the Company prior to the date
such insured claimant became an insured hereunder;
(c) resulting in no Toss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy
(except to the extent insurance is afforded herein as to any
statutory lien for labor or material or right thereto).
4. Unenforceability of the lien of the insured mortgage because
of failure of the insured at Date of Policy or of any subse-
quent owner of the indebtedness to comply with applicable
"doing business" laws of the state in which the land is
situated.
.PiviJ3S1 S• ;•F+.wri:�.'.x:.+U7t:'A'« »: G t��i' X: VrJ.• 1? TrSa�sinycwu .x�e.ra.en....wu�..+.w.ry wvw.uaaa.a^.r+wswa...wu�.... .. a- .......�.x.�..ww........wr.zvu 1�vvtt� G:Y.tiS: jaY�yNY
a•» �:1HQU'.YYJE 1'S�r 4�i'J4/.Y�NS� t A.F.Y�.i :. ". :. �.
Page 1
re checked below:
Please address correspondence to the o
BELLEVUE SEATTLE
10635 SCE. 8th Street 12008th Avenue
Bellevue. WA 98004 Seattle, WA 98101
(206)451-7301 (206) 628-4650
Prepared For:
EVERETT
2939 Colby Avenue
Everett. WA 98201
(206) 252-1156
Transamerica Title Insurance
1200 6th Avenue
Seattle, WA 98101
Attn: Carol
(b) ALTA Loan Policy -1970
(Amended 10- 17 -70)
Extended ❑
Proposed Insured:
(c) Standard Loan Policy
Proposed Insured:
(d)
LYNNWOOD
19720 44th Avenue West
Lynnwood, WA 98036
(208)775.1511
BREMERTON SILVERDALE
4040 Wheaton Way 3100 N.W. Bucklin Hill Rd.
Bremerton. WA 98310 Silverdale. WA 98383
(206) 479.1900 (206)892 -4556
❑ ❑ ❑
Co.
Effective Date: August 14, 1986 at 8:00 A.M.
1. Policy or Policies to be issued: Amount
(a) ALTA Owner's Policy -Form B 1970 $225,000.00
(Amended 10- 17 -70)
Standard a Extended ❑
Proposed Insured: D .T . Investments
Washington General Partnership
Transamerica No. . 652417
Customer Reference: ---
Seller Rainier ► • tional Bank
Buyer/ : orr_,; er D. T tment s
By
Title 0
For Service on this order call:
Robert L. Iverson
SCHEDULE A
$
$
$
3. The land referred to in this Commitment is situated in the County of
Washington and described as follows:
- see attached -
- continued -
OLYMPIA
2825 Martin Way
Olympia. WA 98507
(206) 943 -8808
0
King
451-73
or Rose Bouloumpas
Binder Rate
Premium $10.00
Tax $ . 81
Premium $
Tax $
Premium $
Tax $
Premium $
Tax $
Total $10.81
2. Title to fee simple estate or interest in said land is at the effective date hereof vested in:
RAINIER NATIONAL BANK
, State of
0
VANCOUVER
202 E. Mill Plain Blvd.
Vancouver, WA 98666
(206) 695-1301
DESCRIPTION:
Page 2
Order No. 652417
Tracts 4, 5, 6 and 7 in Block 15 of Hillman's Seattle Garden
Tracts, as per plat recorded in Volume 11 of Plats, Page 24,
records of King County;
EXCEPT the Northeasterly 40 feet thereof condemned by King County
for road purposes (now known as Interurban Avenue) in King County
Superior Court Cause No. 109001;
AND EXCEPT that portion thereof lying Easterly of a line described
as follows:
Beginning at a point opposite Highway Engineer's Station P.O.T.
95 +81.69 Ahd- P.O.T. 95 +28.46 Bk and a distance of 40 feet Westerly,
when measured at right angles, from the center line of SR 181, So.
Corp. Limites of Tukwila to Foster Interchange;
thence Northerly parallel with said center line to the North line
of above described property and the end of this line
description;
Situate in the City of Tukwila, County of King, State of Washington.
'
FORM NO. W142.2 REVISED 2-86
For use with Washington Commitment- 1986
Exceptions. Schedule B of the policy or policies to be issued will contain exceptions to the following matters
unless the same are disposed of to the satisfaction of the Company.
A. Standard exceptions set forth on inside back cover.
B. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public
records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured
acquires for value of record the estate or interest or mortgage thereon covered by this Commitment.
C. Instruments necessary to create the estate or interest to be properly executed, delivered and duly filed
for record.
D. Real Estate Excise Tax pursuant to the authority of RCW 82.45
and amendments thereto.
As of the date herein, the tax rate for said property is .0132.
E. General taxes, as follows, together with interest, penalty and
statutory foreclosure cost, if any, after delinquency:
Tax Account No. Year Amount Billed Amount Paid Principal Balance
336590- 1370 -04 1986 $838.29 $ .00 $838.29
The levy code for the property herein described is 2380 for 1986.
1. EASEMENT AND THE TERMS AND CONDITIONS THEREOF:
DISCLOSED BY:
PURPOSE:
AREA AFFECTED:
NOTE 1:
Assessed Valuation:
BL /DIP
ENCLOSURES: Sketch
Paragraph 1
Page 3
SCHEDULE B
Order No. 652417
Instrument recorded under Recording
No. 4006073
Driveway
Southerly 5 feet of the Easterly 315 feet
of Lot 4
Land $72,500.00
Improvements
END OF EXCEPTIONS
1 10kt i i a'Ai 'r; df.i415inli .;Rielair,U:Rii a%i4,08i:at:i7;.CM 5 :ice
• I r, r , ; .•, r,:•.. Nal 8,1R)
t:ltyo-r.u.pi..ww•"X.sl1:taFW WK: W�ro` l• KT. T15a %Lg4'VYF9CS,'1{.1�..11:7�bl. n..l'��ai.�i+'.HI'he.�C�b�t .: `.::
ORDER NO. L05g y I
ESCROW NO.
LOAN NO.
MORTGAGOR
PLAT MAP Vol /1 PC a4
PARCEL
45 /1 7r" '7".
This map does not purport to show all highways, roads or easements affecting
braid property; no liability is assumed for variations in dimensions and .location
C
rIEDULE B GENERAL EXCEPTR IS
Appearing in ALTA Standard Owners Policy -Form B
1 . Encroachments or questions of location, boundary and area, which an accurate survey may disclose.
2. Public or private easements, streets, roads, alleys or highways, unless disclosed of record by recorded plat or conveyance,
or decree of a court of record.
3. Rights or claims of persons in possession, or claiming to be in possession, not disclosed by the public records.
4. Material or labor liens, or liens under the Workmen's Compensation Act not disclosed by the public records.
5. Water rights or matters relating thereto.
6. Any service, installation or construction charges for sewer, water, electricity, or garbage removal.
7. Mining claims, reservations or exceptions in Patents or in Acts authorizing the issuance thereof.
8. General taxes not now payable; matters relating to special assessments and special levies, if any, preceding the same
becoming a lien.
9. Right of use, control or regulation by the United States of America, in the exercise of powers over navigation.
10. Any prohibition of or limitation of the use, occupancy or improvement of the land resulting from the rights of the public or
riparian owners to use any portion which is now or has been formerly covered by water.
SCHEDULE B GENERAL EXCEPTIONS
Appearing in ALTA Owners Policy -Form B
1. Underground easements, servitudes or installations of which no notice is of record.
2. Water rights or matters relating thereto.
3. Mining claims, reservations or exceptions in Patents or in Acts authorizing the issuance thereof.
4. Right of use, control or regulation by the United States of America in the exercise of powers over navigation.
5. General taxes not now payable; matters relating to special assessments and special levies, if any, preceding the same
C becoming a lien.
SCHEDULE B GENERAL EXCEPTIONS
Appearing in Standard Loan Policy
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments
on real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown
by the records of such agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection
of the land or by making inquiry of persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would
disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water
rights, claims or title to water.
6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to in Schedule
A, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall modify or limit
the extent to which the ordinary right of an abutting owner for access to a physically open street or highway is insured by
this policy.
7. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or
regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any
improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or
area of the land, or the effect of any violation of any such law, ordinance or governmental regulation.
8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the
public records.
Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured
claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either
at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured
mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became
an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date
of Policy; or (e) resulting in Toss or damage which would not have been sustained if the insured claimant had been a purchaser
or encumbrancer for value without knowledge.
Transamerica Title
Insurance Company
HOME OFFICE
600 Montgomery Street
San Francisco. California 94111
(415) 983 -4400
•
Arizona DNNion
34 West Monroe Street
Phoenix. Arizona 85003
(602) 282 -0511
•
Northam CsIllornle Division
1440 Maria Lane
Walnut Creek. California 94596
(415)947 -5701
•
Southern CNffomia Division
801 Civic Center Drive West
Santa Ana. Califomia 92701
(714) 547-5777
•
Colorado Division
1800 Larwanc• Street
Denver, Colorado 60202
(303)291 -4800
•
Eastern Agency Division
15 West Main Street -
Somerville. New Jersey 08678
(201) 722 -9777
•
Midwest Division
33762 Schootcraft Road
Livonia, Michigan 48150
(313) 425 -2500
•
S Division
555 S.W. Oak Street
Portland, Oregon 97204
(503) 222-9931
•
Southwest Agency Division
12160 Abrams Road
Dann Tem 75243
(214) 234 -3666
•
Washington Division
Park Place
Sixth Mame at Unhrsraity Streit
Seattle, WMhirglon 08101
(206) 628 - 4660
1
COMMITMENT
FOR
TITLE INSURANCE
Issued by
Transamerica Title
Insurance Company
Trensamenoa
Title Insurance Services
Transamerica Title
Insurance Company
WASHINGTON - ALASKA DIVISION
•
Headquarters For
Washington Alaska Division
King County
Washington - Alaska Agency Operations
1200 6th Avenue. Seattle
(206) 628 -4650
•
Benton- Franklin Counties
3030 W. Clearwater Avenue. Kennewick
(509) 783-0660
•
Chelan - Dou Counties
209 N. Mission Street. Wenatchee
(509) 662 -4721
•
Clark County
202 E Mill Plain Boulevard. Vancouver
(206) 695-1301
•
Kitsap County
4040 Wheaton Way. Bremerton
(206)479 -1900
•
Okanogan County
225 Pine Street. Okanogan
(509) 422-3490
•
Snohomish County
2939 Colby Avenue. Everett
(206) 252 -1156
•
Spokane - Whitman Counties
North 720 Argonne Road. Spokane
(509) 922 -2222
•
Thurston County
2625 Martin Way. Oylmpia
(206) 943-4150
•
County Agents Washington
Claltam • Cowlitz • Island • Jefferson
Lewis • Pacific • Skagit • Yakima
•
ALASKA OPERATIONS
•
Anchorage District
701 E. Tudor Road. Anchorage
(907) 561 -1844
•
Fairbanks District
36 College Road. Fairbanks
(907) 452 -2193
•
Juneau District
369 S. Franklin. Juneau
(907) 586 -1215
•
District Agents Alaska
Ketchikan • Petersburg • Palmer
Silks • Talkeetna • Wrangell
PARTNERSHIP AGREEMENT
OF
D. T. & C. PARTNERSHIP
THIS AGREEMENT is made by and among HERBERT DeBOER,
DAVID TRUEB and LARRY CARUSO (hereinafter collectively referred
to as the "Partners" and singularly referred to as "Partner ").
I.
_..._._.J- �..__._..,..w....rc.r. •r.*Y'.+YL':4�wt3;:.�." :;5 ?.�'r:t �:�
Name and Place of Business
The Partnership and its business shall be conducted
under the firm name of D. T. & C. Partnership. The principal place of
such business shall be in King County, Washington. The post
office address shall be P.O. Box 81247, Seattle, Washington
98108.
II.
Business Activities
The business of the Partnership is to acquire, own,
hold, improve, use, operate, manage and otherwise deal in and
with real or personal property.
Term
The Partnership shall commence on the date of execution
of this Agreement and shall continue until terminated upon sixty
percent (60 %) vote of the Partnership shares or until the
Partnership has sold or disposed of all of its assets. At the
termination of the Partnership, the Partners shall proceed with
reasonable promptness to liquidate the business of the
Partnership.
The profits and losses of the business during the period
of liquidation shall be divided among or borne by the Partners in
the respective percentages in which they shared in such profits
and losses prior to the event which resulted in such liquid-
ation. Any property distributed in kind and in liquidation shall
be valued and treated as though the property were sold and the
proceeds were distributed. The difference between the value of
the property to be distributed in kind and its book value shall
be treated as gain or loss in the sale of property and shall be
credited or charged to the Partners in the same ratio that they
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shared profits and losses. Proceeds from the liquidation'of the
Partnership assets shall be applied in the following order:
1. Debts of the partnership other than to
Partners;
2. Amounts owed to Partners for the credit
balances in their respective drawings accounts or other
debts to Partners;
3. Capital contributions of the Partners as
reflected in their respective capital accounts.
Should any Partner have a debit balance in his capital account,
whether by reason of losses in liquidating Partnership assets or
otherwise, the debit balance shall represent an obligation from
him to the other Partners, to be paid in cash within thirty (30)
days after written demand by the other Partners. The debit
balance can be offset against any distributions made by the
Partnership.
IV.
Books
The Partnership books and business records shall be
maintained at the principal office of the Partnership, and the
Partners shall have access to them at all times. The books shall
be kept on a cash basis for each calendar year and shall be
closed and balanced at the end of each such year.
V
Capital Contributions
A. Initial Capital Contributions; Capital Accounts.
The Partners shall make initial capital contributions to the
capital accounts of the Partnership in the following ratio:
HERBERT DeBOER 40%
DAVID TRUEB 30%
LARRY CARUSO 30%
Such contributions shall be made in cash in such amounts as are
specified by an affirmative vote of sixty percent (60 %) of the
Partnership shares. An individual capital account shall be
maintained for each Partner. The capital account of each Partner
shall consist of his original contribution of capital, increased
by (1) additional capital contributions and (2) his share of
Partnership profits and decreased by (1) distributions in
reduction of Partnership capital and (2) his share of Partnership
losses. Except as provided in Article V.D.2., the capital
-2-
-3-
tS.sMl.Sl:4v.r
accounts shall remain in the proportion provided for in this
Article. Partners do not have the right to the interest on their
capital accounts except as provided in Section D of this
Article. No Partner shall have the right to withdraw all or any
part of his capital contribution except as provided in Article XI
of this Agreement.
B. Additional Contributions. Any call for additional
contributions shall require an affirmative vote of sixty percent
(60 %) of the Partnership shares. All calls for additional
contributions shall be in proportion to the respective original
capital contributions of the Partners, unless adjusted as
hereinafter provided.
C. Breach as a Voluntary Withdrawal. If a Partner
fails to or is unwilling to contribute additional capital within
thirty (30) days of the call by the Partnership or if a Partner
breaches any provision of this Agreement, it shall be deemed a
voluntary withdrawal of that Partner subject to the provisions of
Article XII of this Agreement.
D. Loan. If the continuing Partners decide not to buy
out as provided in Paragraph C above, the continuing Partners, or
any of them, may either:
1. Lend the Partnership the amount due from the
defaulting party at prime plus six (6) percentage
points. Prime shall be that interest rate which
Seattle -First National Bank, Seattle, Washington,
charges its best customers on 90 -day obligations on
January 1 of each year and said rate plus six (6)
percentage points shall be effective for that year. The
rate shall be redetermined annually. No profits of the
Partnership shall be credited to the defaulting Partner
nor shall cash flow distributions be made to him. Such
distributions shall instead be used to repay the loans
made by any other Partner to the extent available
therefor.
2. Contribute additional capital to the
Partnership, thereby increasing their (his) percentage
interest in capital and reducing the percentage interest
of the defaulting Partner's capital account which will
adjust, inter alia. the percentage of profits and
voting.
E. Drawing Accounts. An individual drawing account
shall be maintained for each Partner. All withdrawals by a
Partner shall be charged to that Partner's drawing account.
Withdrawals during the year shall be limited to such amounts as
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1
the Partners, by a majority vote, shall determine from time to
time. Each Partner's share of any Partnership net loss shall be
charged to that Partner's drawing account, unless the Partners,
by a sixty percent (60 %) vote, agree to charge the loss to the
capital accounts of the Partners. Each Partner's share of
Partnership profits shall be credited to that Partner's drawing
account. The Partners may determine by a sixty percent (60 %)
vote to transfer to Partnership capital all or any portion of the
credit balances in the drawing accounts of the Partners. Any
amounts transferred shall be in the proportions of the Partner's
interest in profits or losses of the Partnership.
A credit balance in a Partner's drawing account shall
constitute a liability of the Partnership to that Partner; it
shall not constitute a part of that Partner's interest in the
capital of the Partnership. A debit balance in a Partner's
drawing account, whether occasioned by drawings in excess of his
or her share of Partnership profits or by charging that Partner
for share of Partnership loss, shall constitute an obligation
of that Partner to the Partnership; it shall not reduce the
Partner's interest in the capital of the Partnership.
VI.
Voting
There shall be one vote for each one percent (1 %) of
capital interest on all Partnership matters as provided in this
Partnership Agreement.
VII.
Profit and Loss
The profits and losses of the Partnership shall be
divided among the Partners according to the percentage of their
capital accounts as adjusted from time to time.
VIII.
Distribution
Cash distributions shall be made to all Partners upon a
sixty percent (60 %) vote. All withdrawals shall be charged to
the respective Partner's capital account.
IX.
Management
The overall management and control of the business and
affairs of the Partnership shall be vested in all the Partners.
Any vote, decision made, or action required or desired to be
taken by the Partnership shall be effective upon an affirmative
vote of the Partners who own at least sixty percent (60 %) of the
Partnership units, or upon a unanimous written consent of all
Partners. Except as otherwise expressly and specifically
provided in this Agreement, no Partner shall have any authority
to act for, or to assume any obligations or responsibility on
behalf of any other Partner or the Partnership.
X.
Agreement to Buy Upon Death of Partner
In the event of the death of a Partner, the surviving
Partners must purchase the interest of the deceased Partner in
the Partnership business within one hundred twenty (120) days of
the Partner's death. The valuation and the payment terms of the
deceased Partner's interest shall be determined in accordance
with Article XII of this Agreement. The purchase by the
surviving Partners shall be in the same ratio as their interest
in the Partnership.
XI.
Voluntary Withdrawal of a Partner;
Right of First Refusal
A. Voluntary Withdrawal. In the event that any of the
Partners should desire to voluntarily withdraw from the Partner-
ship, or to sell his interest in the Partnership, he shall first
offer his interest in the Partnership to the remaining Partners,
who shall have the right to acquire,_ in equal interests, the
interest of the withdrawing Partner. The Partners agree that the
purchase price and the payment terms - of the withdrawing Partner's
interest shall be determined in accordance with Article XII of
this Agreement. The Partner desiring to withdraw from the
Partnership shall give written notice to the remaining Partners
and the remaining Partners shall have one hundred twenty (120)
days in which to acquire the interest of the withdrawing
Partner. If, after the expiration of one hundred twenty (120)
days, or in the event that the remaining Partners should sooner
notify the withdrawing Partner, that they do not desire to
purchase the withdrawing Partner's interest in the Partnership
business, then, in either event, the withdrawing Partner may
proceed under the provisions of Section B of this Article. A
Partner may not transfer his interest in the Partnership unless
he fully complies with all of the terms of this Agreement.
B. Right of First Refusal. The withdrawing Partner
shall, before making or accepting any offer to sell to any third
party, give the other Partners written notice of his intent to
sell, which notice shall contain the terms of the offer, and the
-5--
ti
name and address of the offeror, which he has received which he
wishes to accept, or the terms of the offer, and the name and
address of the offeree, he proposes to make. The other Partners
shall have ninety (90) days after receiving said notice to either
consent to the transactions specified in the said notice, or by
written notice accept the offer to purchase the interest of the
withdrawing Partner themselves for their pro rata portion on the
same terms and conditions as specified in the notice. This right
of first refusal shall not be subject to any penalty
whatsoever. Failure to respond shall be deemed consent to the
transaction specified,, and the withdrawing Partners shall be free
to make or accept the offer specified in the notice. The
withdrawing Partner must thereupon complete the transaction of
which notice was given within sixty (60) days after the Partners'
consent or deemed to have consented. Failure of the withdrawing
Partner to complete the transaction within the time specified
shall require a new notice to the other Partners under the terms
hereof. A conveyance by a Partner of his interest in the
Partnership will not, of itself, dissolve the Partnership. The
assignee may become a full member of the Partnership only with
the unanimous consent of the remaining Partners. Any attempt by
a withdrawing Partner to sell his interest in the Partnership
shall be wholly null and void and shall confer no title, interest
or right whatsoever unless the withdrawing Partner complies with
the provisions of this Section.
X II.
Appraisal; Payments
A. Appraisal. Upon the death or withdrawal of a
Partner, the surviving Partners and the personal representative
of the deceased Partner, or the withdrawing Partner, as the case
may be, shall agree upon and appoint a qualified real estate
appraiser holding an MAI certification to appraise all the real
estate owned by the Partnership as to its reasonable market value
as of the date cf death or date of giving notice of intent to
withdraw of the deceased or withdrawing Partner. Such appraisal
will be made on the same basis in arriving at the reasonable
market value as would be done in the case of an appraisal for
federal estate tax purposes. If the parties cannot agree as to
an appraiser, then the remaining Partners shall choose and pay
for the expenses of one appraiser and the withdrawing Partner or
personal representative of the deceased Partner shall choose and
pay the expenses of one appraiser. Each appraiser shall submit
an appraisal and if the difference between their appraisals shall
be ten percent (10 %) or less, then an average of the two
appraisals shall be taken. If the difference between the two
appraisals is more than ten percent (10 %), then the two
appraisers shall select a third appraiser, and after the third
appraisal is completed, the average of the two closest appraisals
-6-
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-7-
shall be taken as a final appraisal. Expenses for the third
appraiser will be split evenly between the Partnership and the
withdrawing Partner or the estate of the deceased Partner.
B. Value of Partner's Interest.
1. The purchase price of the withdrawing
Partner's interest shall be equal to the product of
(a) the withdrawing Partner's percentage interest in the
Partnership times (b) the sum of (1) the appraisal of
the real estate owned by the Partnership, (2) other
assets owned'by the Partnership as shown by the
Partnership books of account, less (3) any liabili-
ties. The amount so determined shall be referred to as
the "Value of the Partner's Interest” ( "VPI ").
2. Notwithstanding the foregoing, if during the
four (4) years from the date hereof, the VPI as
determined above is greater than the value of the
withdrawing Partner's capital account, the purchase
price payable to a withdrawing Partner shall be equal to
the sum of his capital account and the following
percentage of his share in the appreciated value of the
Partnership:
a. Twenty -five percent (25 %) if withdrawal
occurs before the first anniversary of the
Partnership's formation;
b. Fifty percent (50 %) if withdrawal occurs
prior to the second anniversary of the
Partnership's formation;
c. Seventy - five-percent (75 %) if withdrawal
occurs prior to the third anniversary of the
Partnership's formation; and
d. One hundred percent (100 %) if withdrawal
occurs prior to the fourth anniversary of the
Partnership's formation;
3. Should the VPI be less than the value of the
withdrawing Partner's capital account, then said Partner
shall be liable for one hundred percent (100 %) of his
share of such depreciation whenever he may withdraw from
the Partnership according to the provisions of this
Agreement. The withdrawing Partner's depreciation
liability can be offset to the extent of the value of
his capital and drawing accounts.
4. If the Partnership has obtained financing for
its operations, the remaining Partners will use their
best efforts to obtain a release of the withdrawing
Partner's loan obligations. However, the decision of
the lender regarding the release of the withdrawing
Partner will be final.
C. Terms The down payment shall be twenty percent
(20 %) of the with rd awing or deceased Partner's interest in the
Partnership. The remaining Partners shall then execute a
Promissory Note to the estate of the deceased Partner or to the
withdrawing Partner, as the case may be, for the balance due the
deceased Partner's estate, and such Note shall be payable in
equal annual installments for a period not to exceed ten (10)
years from the date of death or withdrawal. The unpaid balance
on such Note shall carry interest at the rate of eight percent
(8 %) per annum. All Partners must execute the Note and all are
jointly and severally liable thereon. Upon the execution of the
Promissory Note, then the estate of the deceased Partner, or the
withdrawing Partner, shall execute a deed to the remaining
Partners for the interest of the deceased or withdrawing Partner
in the Partnership real estate and execute a Bill of Sale, if
necessary, to convey the other assets of the deceased or
withdrawing Partner's interest in the Partnership purchased by
the remaining Partners, pursuant to the terms of this Agreement.
Pursuant to I.R.C. Section 736(b)(2)(B), payments in
exchange for an interest in the Partnership property shall not
include amounts paid for goodwill of the Partnership, unless the
Partners unanimously agree to make a payment with respect to
.goodwill.
XIII.
Attempted Pledge dY Assignment
of Partnership Interest by Partners
If any Partner voluntarily attempts to sell, dispose of,
assign, pledge, encumber or borrow upon the value of his
Partnership interest, such action shall be construed as a sale or
transfer for the purposes of this Agreement, and shall be subject
to the provisions of Articles XI and XII of this Agreement.
XIV.
Involuntary Encumbrance of Partnership Interest
In the event that any Partnership interest owned by any
Partner of the Partnership becomes subject to attachment,
seizure, transfer or disposition in any litigation by voluntary
or involuntary acts or circumstances affecting that Partner,
including but not restricted to personal bankruptcy, dissolution
(divorce), insolvency, attachment by creditors, or claims by any
person or government, then the remaining Partners shall have the
-8-
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right to purchase all Partnership interest so affected or' to be
affected, at the price, terms and method determined in Articles
XI and XII of this Agreement.
XV.
Arbitration
If any controversy or claim arising out of this
Agreement cannot be settled by the Partners, it shall be settled
by arbitration in accordance with the Rules of the American
Arbitration Association then in effect, and judgment on the award
may be entered in any court having jurisdiction thereof.
XVI.
Other Business Interests
Each Partner may have other business interests and may
be engaged in any other business or trade, profession or
employment whatsoever, on his account or in partnership with, or
as employee of, or as an officer, director or stockholder of any
person, firm or corporation, as he shall not be required to
devote his entire time to the business of the Partnership.
XVII.
Prohibition on Transfer
No sale, exchange, or other transfer of any Partnership
unit, or any interest therein, may be made if, such transfer
sought to be made, when added to the total of all other units
transferred within the period of twelve (12) consecutive months
prior thereto, would, in the opinion -of counsel for the
Partnership, result in the Partnership being considered to have
been terminated within the meaning of I.R.C. Section 708.
XVIII.
Property Settlement
In any property settlement between a Partner and his
spouse, whether incident to dissolution of marriage or separation
or otherwise, there shall be included in his share of the
settlement all Partnership interest subject to this Agreement.
The spouse may retain in her share of the settlement, instead of
her interest in the Partnership, other community assets having a
value equal to the value of the Partnership interest as
determined according to Article XIV of this Agreement.
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XIX.
Spouse's Community Interest
If any Partner's spouse, having a community property
interest in the Partnership interest subject to this Agreement,
predeceases her husband, there shall be included in that
Partner's share of the community property all Partnership
interest subject to this Agreement. If the wife's interest in
said Partnership interest shall not be given by her to her
husband, there may be in the wife's share of the
community property, instead of her interest in the Partnership
interest, other community assets having an equal value to the
value assigned to such Partnership interest upon the final
determination for Federal Estate Tax purposes in computing her
gross estate.
XX.
Miscellaneous
A. Counterparts. This Agreement may be executed in
counterparts.
B. Heirs and Assigns. This Agreement shall be binding
upon the heirs, executors and assigns of the parties hereto.
C. Governing Law. The laws of the State of Washington
shall govern the interpretation of this Agreement.
D. Gender. Unless some other meaning and intent is
apparent from the context, words in the singular number shall
include the plural and vice versa, and words in the masculine,
feminine and neuter genders shall be interchangeably.
E. Amendments. This Agreement can only be amended by
unanimous vote of the Partners.
IN WITNESS WHEREOF, the parties have executed this
Agreement this day of August, 1986. /)
u4 L* u 3o--
Hetbert DeBoer
Davii'Trueb
Address: 3450 ('t 4.v1.►.'14. be l r . Addr - = : C55
-.10-
Larr Ca
Address: E. I ione /fir ' ,d
"Partner" / "Partners"
STATE OF WASHINGTON
COUNTY OF )<:4 s,r,,
On this day of August, 1986, before me personally
appeared Herbert DeBoer, to me known to be the individual named
in and who executed the foregoing instrument and acknowledged
that he signed and sealed the same as his free and voluntary act
and deed, for the uses and purposes therein mentioned.
GIVEN UNDER MY HAND AND OFFICIAL SEAL the day and year
in this certificate first above wr'tte
OFFICIAL out
WILLIAM E. BARROW
NOTARY PUBLIC.STATE OF WASHINGTON
MY COMMISSION EXPIRES: 6.6.90
STATE OF WASHINGTON
COUNTY OF
ss.
ss.
)
-
4 01". , ,%/ 7 40 :m.
• " ary • Pu in and for the State
of Washington, residing t 0 J'44e,/,)G/.= 6
My appointment expires —4-9
On this fit( day of August, 1986, before me personally
appeared David Trueb, to me known to be the individual named in
and who executed the foregoing instrument and acknowledged that
he signed and sealed the same as his free and voluntary act and
deed, for the uses and purposes therein mentioned.
GIVEN UNDER MY HAND AND OFFICIAL SEAL the day and year
in this certificate first above written.
No ry Public in for theate
of Washington, residing at ,C.t-a
My appointment expires 7
STATE OF WASHINGTON )
ss.
COUNTY OF ,app/ )
On this 2_5 day of August, 1986, before me personally
appeared Larry. Caruso, to me known to be the individual named in
and who executed the foregoing instrument and acknowledged that
he signed and sealed the same as his free and voluntary act and
deed, for the uses and purposes therein mentioned.
GIVEN UNDER MY HAND AND OFFICIAL SEAL the day and year
in this certificate first above written.
471,40 j p Ah
Nota Public in and f the State
of ashington, residin at
My appointment expires
:YGY j.e!
POWER OF ATTORNEY
By my signature hereunder, I hereby irrevocably
constitute and appoint my husband, with full power of
substitution, my true and lawful attorney -in -fact, in my name,
place and stead, to make, execute, sign, acknowledge and record
the following:
1. To execute any amendment to this Partnership
Agreement for whatever reasons deemed appropriate by my husband,
provided said amendment does not affect my community property
interest, if any, in partnership property or proceeds thereof.
2. To sell, lease, encumber, refinance, transfer,
assign, develop joint venture and/or exchange any or all of
partnership property.
3. To execute any and all ancillary documents as may
be deemed necessary or desirable by my husband to carry out the
above two paragraphs or any of the terms of the Partnership
Agreement.
4. To designate under any present or after - acquired
life insurance policy, if any exists, the beneficiary of said
proceeds.
The foregoing grant of authority constitutes a special
power of attorney, coupled with an interest; it is irrevocable
and shall survive the death or incapacity of the undersigned
spouse.
STATE OF WASHINGTON )
COUNTY OF Y(f 7 ;7 O ) ss.
On this / /day ,�,,� of August, 1986, before me personally
,�' 9
appeared ��j��,,, - , , to me known to be the individual
named in and who executed the foregoing instrument and
acknowledged that he signed and sealed the same as his free and
voluntary act and deed, for the uses and purposes therein
mentioned.
GIVEN UNDER MY HAND AND OFFICIAL SEAL the day and year
in this certificate first a•• - w ' t
1101461 AL r . 411111111W ,/,
WILLIAM E. c • tary Public in and for t
NOTARY PUBLIC -ST =" of Washington, residing at
MY COMMISSIOi t r'.' My appointment expires
OFFICIAL MOW
RIVINTRIVAIMIN WIII,LIAME, BARROW
State
r //L�
-15-
•
STATEMENT OF CONSENT AND NON - PARTICIPATION
IN THE MANAGEMENT OF A PARTNERSHIP '
The undersigned, {, etec, i., i) a. er (hereinafter
called "Non- Participant "), declares that she is the spouse
of e+ c1/44-1 De 13oe✓ (hereinafter called
"Participant "), and that she has a community interest in the
capital contribution made by Participant under the terms of the
Partnership Agreement of U.T. & C. Partnership a general partnership
(hereinafter the "Partnership "), entered into on the day of
August, 1986, and that the undersigned has read and fully
understands the Partnership Agreement thereof and the
determination of purchase price pertaining thereto.
In consideration of the interests of the community in
the Partnership, Non - Participant does hereby consent to the
provisions of said Partnership Agreement, including the
following:
1. Upon the death, bankruptcy or incapacity of
Participant or Non - Participant, or upon any involuntary transfer
of their Partnership interest or part thereof, Non - Participant
and Participant may be obliged to sell their interest in D.T. & C.
Partnership to the Partnership or to the remaining Partners,
hereinafter referred to as the Optionees, upon the terms provided
in the Partnership Agreement.
2. In the event that Participant or Non - Participant
desires to dispose of the Partnership interest, they shall be
obliged to first submit to the Optionees a right to acquire the
interest in accordance with the requisites of the Partnership
Agreement.
3. Non - Participant has been informed of the options
granted to Participant and Non - Participant in similar
circumstances affecting other Partners.
4. Non - Participant further agrees that she will not
participate in the management of said business enterprise, except
insofar as she should in her own right acquire a Partnership
interest in D.T. & C. Partnership Non - Participant hereby
acknowledges that pursuant to Revised Code of Washington
26.16.030(6), this declaration will permit Participant to
acquire, purchase, sell or convey the assets including real
estate or good will of the enterprise without her further
consent.
This declaration and authorization to Participant shall
be a continuing one, and shall remain in full force and effect so
long as Participant is a Partner in D.T. & C. Partnership. It shall
be binding on any successor in interest of the Non - Participant.
::.Aix & 4:. ■
vY. s3i;. le: ictt. aatxx�..• zw ruoc.. w. vx,..... w» v,•, nacv.. o..: e• mm�... r•...>,.......,...•. .,...,,..,.,....�....��....,... ...._.._. r......_..------. o. ..iwsaa_•�an�'�a�2"�SSI'.i'.:;' .
1■
I have been informed of my right to obtain independent
legal counsel regarding the effect of this statement on my
community property ownership rights in D.T. & C. Partnership and I
hereby waive said right.
I have read and have been informed of the contents of
the D & T Investments Partnership Agreement. I have paid
particular attention to Articles XI, XII, XIV, XVII and XVIII and
have consented to the provisions therein.
IN WITNESS WHEREOF, I have signed this instrument
this ly day of August, 1986.
STATE OF WASHINGTON
COUNTY OF /
OPPICIAL SEAL
WILLIAM E. BARROW
NOTARY PUBLIC•STATE OF WASHINGTON
MY COMMISSION EXPIRES: 1•6 +l0-
ss.
On this day of August, 1986, before me personally
appeared c'A,,,. 7gnaez , to me known to be the individual
named in and who executed the foregoing instrument and
acknowledged that he signed and sealed the same as his free and
voluntary act and deed, for the uses and purposes therein
mentioned.
GIVEN UNDER MY HAND AND OFFICIAL SEAL the day and year
in this certificate first above writte
ota " Public in and for the State
of Washington, residing at, f.) g. 'i .jF /s
My appointment expires 6°-.69,_ ?O
STATE OF WASHINGTON
COUNTY OF
ss.
)
POWER OF ATTORNEY
By my signature hereunder, I hereby irrevocably
constitute and appoint my husband, with full power of
substitution, my true and lawful attorney -in -fact, in my name,
place and stead, to make, execute, sign, acknowledge and record
the following:
1. To execute any amendment to this Partnership
Agreement for whatever reasons deemed appropriate by my husband,
provided said amendment does not affect my community property
interest, if any, in partnership property or proceeds thereof.
2. To sell, lease, encumber, refinance, transfer,
assign, develop joint venture and /or exchange any or all of
partnership property.
3. To execute any and all ancillary documents as may
be deemed necessary or desirable by my husband to carry out the
above two paragraphs or any of the terms of the Partnership
Agreement.
4. To designate under any present or after - acquired
life insurance policy, if any exists, the beneficiary of said
proceeds.
The foregoing grant of authority constitutes a special
power of attorney, coupled with an interest; it is irrevocable
and shall survive the death or incapacity of the undersigned
spouse.
Oct thisa7d, day of August, 1986, before me personally
appeared , to me known to be the individual
named in and wtio executed the foregoing instrument and
acknowledged that he signed and sealed the same as his free and
voluntary act and deed, for the uses and purposes therein
mentioned.
GIVEN UNDER MY HAND AND OFFICIAL SEAL the day and year
in this certificate first above w itten.
Not y Public in id for the ate
of ashington, residing at
My appointment expires o
-
C_
STATEMENT OF CONSENT AND NON- PARTICIPATION
IN THE MANAGEMENT OF A PARTNERSHIP
3. Non - Participant has been informed of the options
granted to Participant and Non - Participant in similar
circumstances affecting other Partners.
4. Non - Participant further agrees that she will not
participate in the management of said business enterprise, except
insofar as she should in her own right acquire a Partnership
interest in D. T. & C. Partnership Non - Participant hereby
acknowledges that pursuant to Revised Code of Washington
26.16.030(6), this declaration will permit Participant to
acquire, purchase, sell or convey the assets including real
estate or good will of the enterprise without her further
consent.
The undersigned, Lymnc C. \-. (hereinafter
called "Non- Participant "), declares that she is the spouse
of .7" "Tr 4-A1 (hereinafter called
"Participant "), and that she has a community interest in the
capital contribution made by Participant under the terms of the
Partnership Agreement of D. T. & C. Partnership a general partnership
(hereinafter the "Partnership "), entered into on the day of
August, 1986, and that the undersigned has read and fully
understands the Partnership Agreement thereof and the
determination of purchase price pertaining thereto.
In consideration of the interests of the community in
the Partnership, Non - Participant does hereby consent to the
provisions of said Partnership Agreement, including the
following:
1. Upon the death, bankruptcy or incapacity of
Participant or Non - Participant, or upon any involuntary transfer
of their Partnership interest or part thereof, Non - Participant
and Participant may be obliged to sell their interest in D.T. & C.
Partnership to the Partnership or to the remaining Partners,
hereinafter referred to as the Optionees, upon the terms provided
in the Partnership Agreement.
2. In the event that Participant or Non - Participant
desires to dispose of the Partnership interest, they shall be
obliged to first submit to the Optionees a right to acquire the
interest in accordance with the requisites of the Partnership
Agreement.
This declaration and authorization to Participant shall
be a continuing one, and shall remain in full force and effect so
long as Participant is a Partner in D. T. & C. Partnership. It shall
be binding on any successor in interest of the Non - Participant.
-18-
COUNTY OF
STATE OF WASHINGTON
)
)
ss.
''flamo.u Q g-71),.Ar
I have been informed of my right to obtain independent
legal counsel regarding the effect of this statement on my
community property ownership rights in D.T. & C. Partnership and I
hereby waive said right.
_ I have read and have been informed of the contents of
the D. T Investments Partnership Agreement. I have paid
particular attention to Articles XI, XII, XIV, XVII and XVIII and
have consented to the provisions therein.
IN WITNESS WHEREOF, I have signed this instrument
this day of August, 1986.
On this 020C4 day of .August, 1986, before me personally
appeared /(� , to me known to be the individual
named in and who executed the foregoing instrument and
acknowledged that he signed and sealed the same as his free and
voluntary act and deed, for the uses and purposes therein
mentioned.
GIVEN UNDER MY HAND AND OFFICIAL SEAL the day and year
in this certificate first above written.
No ry Public in and for the tate
of Washington, residing at
My appointment expires /0.4
C
•
POWER OF ATTORNEY
By my signature hereunder, I hereby irrevocably
constitute and appoint my husband, with full power of
substitution, my true and lawful attorney -in -fact, in my name,
place and stead, to make, execute, sign, acknowledge and record
the following:
1. To execute any amendment to this Partnership
Agreement for whatever reasons deemed appropriate by my husband,
provided said amendment does not affect my community property
interest, if any, in partnership property or proceeds thereof.
2. To sell, lease, encumber, refinance, transfer,
assign, develop joint venture and /or exchange any or all of
partnership property.
3. To execute any and all ancillary documents as may
be deemed necessary or desirable by my husband to carry out the
above two paragraphs or any of the terms of the Partnership
Agreement.
4. To designate under any present or after - acquired
life insurance policy, if any exists, the beneficiary of said
proceeds.
The foregoing grant of authority constitutes a special
power of attorney, coupled with an interest; it is irrevocable
and shall survive the death or incapacity of the undersigned
spouse.
STATE OF WASHINGTON )
ss .
COUNTY OF /�i)
On this 4 day of August, 1986, before me personally
appeared ,�,,,��,., P. fh , to me known to be the individual
named in/` - and who executed the foregoing instrument and
acknowledged that he signed and sealed the same as his free and
voluntary act and deed, for the uses and purposes therein
mentioned.
GIVEN UNDER MY HAND AND OFFICIAL SEAL the day and year
in this certificate first above written.
hird.ca...R / Lt.)
Nota Public in and the State
of ashington, residing at
My appointment expires I,
-20-
i ��►0,L ( 61/ual)
v
STATEMENT OF CONSENT AND NON - PARTICIPATION
IN THE MANAGEMENT OF A PARTNERSHIP •
c ��., n dY. �..k �x.x'r.S+. r,c �A .�AF::V� >:._.:_....��.'Li �i.; } v±„ ..;�� �. J�•'3�,'... .�u
The undersigned, StASo►vN CarU'Se- (hereinafter
called "Non- Participant "), declares that she is the spouse
of j_grru Caru (hereinafter called
"Participant "), and that she has a community interest in the
capital contribution made by Participant under the terms of the
Partnership Agreement of D.T. & C. Partnership a general partnership
(hereinafter the "Partnership "), entered into on the day of
August, 1986, and that the undersigned has read and fully
understands the Partnership Agreement thereof and the
determination of purchase price pertaining thereto.
In consideration of the interests of the community in
the Partnership, Non - Participant does hereby consent to the
provisions of said Partnership Agreement, including the
following:
1. Upon the death, bankruptcy or incapacity of
Participant or Non - Participant, or upon any involuntary transfer
of their Partnership interest or part thereof, Non - Participant
and Participant may be obliged to sell their interest in D.T. & C.
Partnership to the Partnership or to the remaining Partners,
hereinafter referred to as the Optionees, upon the terms provided
in the Partnership Agreement.
2. In the event that Participant or Non - Participant
desires to dispose of the Partnership interest, they shall be
obliged to first submit to the Optionees a right to acquire the
interest in accordance with the requisites of the Partnership
Agreement.
3. Non - Participant has been informed of the options
granted to Participant and Non - Participant in similar
circumstances affecting other Partners.
4. Non - Participant further agrees that she will not
participate in the management of said business enterprise, except
insofar as she should in her own right acquire a Partnership
interest in D.T. . & C. Partnership Non - Participant hereby
acknowledges that pursuant to Revised Code of Washington
26.16.030(6), this declaration will permit Participant to
acquire, purchase, sell or convey the assets including real
estate or good will of the enterprise without her further
consent.
This declaration and authorization to Participant shall
be a continuing one, and shall remain in full force and effect so
long as Participant is a Partner in D. T. & C. Partnership. It shall
be binding on any successor in interest of the Non - Participant.
-21-
'.= s':x:;t y 'YLitaki i ciso.mm4: ogaiiais. a2va.tvoi":iCfitJ1.'ri iir"•tbYivat.` iak .; le.t..rayt..iv a etm
ft
STATE OF WASHINGTON )
COUNTY OF !/ v l1.etcd )
ss.
92C KriTaoan: M,1114M'lxM Oftw . t
zi
I have been informed of my right to obtain independent
legal counsel regarding the effect of this statement on my
community property ownership rights in D.T. & C. Partnership and I
hereby waive said right.
I have read and have been informed of the contents of
the D & T Investments Partnership Agreement. I have paid
particular attention to Articles XI, XII, XIV, XVII and XVIII and
have consented to the provisions therein.
IN WITNESS WHEREOF, I have signed this instrument
this 25 day of August, 1986.
On this 04 day of August, 1986, before me personally
appeared D,,, 3• (�,,,t n , to me known to be the individual
named in nd who executed the foregoing instrument and
acknowle that he signed and sealed the same as his free and
voluntary act and deed, for the uses and purposes therein
mentioned.
GIVEN UNDER MY HAND AND OFFICIAL SEAL the day and year
in this certificate first above written.
Nota Public in nd r the State
of ashington, residi g at
My appointment expires
mzn
66_
FLOOR PLAN 1/8" : 1' -0"
EXECUTIVE
OFFICE
115
LOUNGE
114
EXECUTIVE
OFFICE
119 VESTIBULE 101
_C.OMMUN=
(CATIONS
130
PRIVATE
OFFICE
105
PRIVATE
OFFICE
106
PRIVATE
OFFICE
107.
rn F T•62-SS
IIdov 10 1986 1
s:.
PLANNING DEPT.
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IF THIS MICROFILMED DOCUMENT IS LESS I ID
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