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HomeMy WebLinkAboutPermit 79-26-SS - FOSTORIA ASSOCIATES - SHORT SUBDIVISION79-26-ss macadam road south FOSTORIA ASSOCIATES SHORT SUBDIVISION i August 17, 1979 SEA Engineers /Planners 33811 - 9th Ave. So. Federal Way, WA 98003 ATTN: Cindy Gretzner City of Tukwila Administration 6200 Southcenter Boulevard Tukwila, Washington 98188 433 -1845 Office of Community Development RE: Fostoria Associates Short Plat Our File No. MF 79 -26 -SS and Your Job No. 1 -226- 001 -793 Dear Ms. Gretzner: The Short Subdivision Committee reviewed the above referenced Short Sub- division application at 2 :00 p.m. on August 16, 1979. The developer was present at the meeting. After some discussion on the item, the Committee approved the Short Plat subject to the following conditions: 1. That the property participate in any future local improvement districts for roads, utilities, lights, sidewalks, etc., through a developers agreement or other instrument as deemed necessary by the Tukwila City Attorney or that the developer fond or construct their half of the public right -of -way to city standards. 2. That it is understood by the developer that he may have to increase the capacity of the utilities in the event it is necessary to accommodate the development. 3. That the property line measuring 71.70 feet on lot 2 be moved westerly in a line paralell to the westerly line of the pro- posed 50 foot access and utility easement. 4. That a 60 foot diameter cul -de -sac be constructed at the terminus of the 50 foot road and utility easement in such a manner that it will provide legal access to all lots. It was noted thatthe legal descriptions and the title report were sub- . mitted as requested. Please contact the Public Works Department regarding construction details for the private access road and the necessary drawings and materials you will need to submit to them for their review and approval. C Cindy Gretzner SEA Engineers /Planners I've included as an attachment to this letter the way the Short Subdivision application should be modified before it can be signed off for recording. In addition, the developer must make a decision regarding item #1 on how they want to proceed. This must be resolved also prior to signing of the Short Subdivision. The Committee also noted that there were significant outstanding assessments on this property that must be resolved to the City's Finance Directors satis- faction prior to the Short Plat being recorded. Our Finance Director is Ron Swanson. Phone: 433 -1838. If you have any questions please call me. Very truly yours, 11 Stoknes, Di ector ice of Community Development 0 KS /ckh cc: File #79 -26 -SS Terry Monaghan Hubert Crawley Ron Swanson Page 2 August 17, 1979 Attachment: Recommended layout of revised Short Subdivision application form for review and approval by the City and recording by the applicant. City bf Tukwila Planning Division 6200 Southcenter Boulevard Tukwila, Washington 98188 433 -1845 Office of Community Development SHORT SUBDIVISION COMMITTEE Minutes of the meeting, August 16, 1979. The meeting was called to order at 2:00 p.m. with the following members present: Hubert Crawley, Terry Monaghan, Kjell Stoknes. The first item under discussion was the Hayden Island, Inc. request for Parkway Square, a binding site improvement plan. Reference MF #79 -24 -BSIP. Discussion pursued on this item with no one present representing the appli- cant. MOTION BY CRAWLEY, SECONDED BY MONAGHAN TO TABLE THIS ITEM UNTIL THE FOLLOW- ING CAN BE SUBMITTED: 1. THE NECESSARY DEDICATION SHOWN ON THE BINDING SITE IMPROVEMENT PLAN MAP. 2. THE FUEL LINE EASEMENT ALONG SOUTHCENTER BOULEVARD BE INVESTIGATED TO DETERMINE WHY IT DOESN'T SHOW ON THE BINDING SITE IMPROVEMENT PLAN MAP. 3. METHOD OF HANDLING A POTENTIAL RESERVE ON THE SOUTH 60 FEET OF THE PROPERTY FOR A POTENTIAL THROUGH STREET IN AN EAST /WEST DIRECTION. The motion passed and this item is tabled until additional information is provided by the applicant to provide the Committee with enough information to make a decision. The n = ssion was the Fostoria Associates, Reference Short Plat e MF #79- 26 -SS. was noted that there were a significant amount of out - anding_ this property as it relates to L.I.D.s. It was stated that these would have to be handled or paid off as may be required by present laws as instigated by the Finance Director of the City of Tukwila. MOVED BY STOKNES, SECONDED BY MONAGHAN TO APPROVE THE SHORT PLAT SUBJECT TO THE FOLLOWING CONDITIONS: 1. DEVELOPER IS TO PARTICIPATE IN A LOCAL IMPROVEMENT DISTIRCT FOR ROADS, UTILITIES, LIGHTS, SIDEWALKS, ETC., THROUGH AN INSTRUMENT AS DETERMINED NECESSARY BY THE CITY ATTORNEY OF THE CITY OF TUK- WILA OR THE APPLICANT CONSTRUCT THEIR HALF OF THE ROAD ADJACENT TO THEIR PROPERTY TO CITY STANDARDS. Short Subdivision Committee Page 2 Minutes August 16, 1979 2. THAT THE APPLICANT BE AWARE THAT THE CAPACITIES OF THE UTILITIES MAY HAVE TO BE INCREASED BY THEM TO ACCOMMODATE THEIR DEVELOPMENT. 3. THAT THE PROPERTY LINE OF LOT 2 MEASURING 71.70 FEET BE MOVED WESTERLY IN A LINE PARALELL TO THE WEST LINE OF THE 50 FOOT PRIVATE ACCESS AND UTILITY EASEMENT. 4. THAT A 60 FOOT DIAMETER CUL -DE -SAC BE INSTALLED AT THE TERMINUS OF THE PRIVATE EASEMENT ROAD TO PROVIDE LEGAL ACCESS TO ALL LOTS. This motion passed with all members voting yes. The next item of discussion was the Fakkema Short Plat. Reference MF #79- 25 -SS. There was no one present representing the applicant. Was noted by the Committee that the property was steep and that it may be difficult to provide a driveway with a slope less than 15 %. It was also noted that the survey was 11 years old and the validity of the survey was questionable. MOVED BY MONAGHAN, SECONDED BY CRAWLEY TO TABLE THIS ITEM UNTIL THE APPLICANT CAN PROVIDE US INFORMATION REGARDING THE CONTOURS OF THE PROPERTY AND A STATE- MENT FROM A LAND SURVEYOR REGARDING THE VALIDITY OF THE 11 YEAR OLD SURVEY. This motion was approved unanimously. Legal Boundary Line Adjustment - Reference Boundary Line Adjustment File #BLA -7 -79. It was noted by Mr. Stoknes that this item was on the agenda only for discussion purposes and that the only action necessary was a signature by the OCD Director and Public Works Director. The Committee felt that everything was in order on this item and that it should be routed for signatures immediately. With no further action on the Committee agenda the Committee adjourned at 3:30 p.m. Minutes prepared by: X Stoknes, Director ice of Community Development This space reserved for recorder's use Filed for record at the request of: Name Return to: Planning Division ,Office of Community Development 6230 Southcenter Boulevard Tukwila, Washington 98188 LEGAL DESCRIPTION Tracts 16 and 17, Fostoria Gardens Tracts, according to the plat recorded in Volume 9 of Plats, Page 95, in King County, Washington except portion of Tract 16 conveyed to the Sta of Washington by deed recorded under Auditor's File No. 5721821 and except portion at Lot 17 conveyed to King County for road purposes by deed recorded under Auditor's File No. 1006280; and except portion conveyed to State of Washington for Primary State Highway No. 1 by deed recorded under Auditor's File No. 5712570. More particularly described as follows: Those portions of Lots 16 and 17, Fostoria Gardens Tracts, according to the plat recorded in Volume 9 of Plats, Page 95, in King County, Washington, more particularly described as follows: BEGINNING at the Southwest corner of said Lot 16; THENCE S 45 °44'45" E, 172.63 feet along the Northeasterly margin of S. 135th Street; Continued on Page 2 DEPARTMENT OF ASSESSMENTS 1 0HORT PLAT NO, 11 'uo - TUKWILA, WASHINGTON • Reviewed and approved by the Short Subdivision Committee and hereby certified for filing his 3 day of ,d • ie 19 ea . C. airman, Shori /- ubdivision Committe EXAMINED AND APPROVED THIS Day of - •19_ ASSESSOR nEPUTY .':.=S. SSO APPROVAL Sheet 1 of '4 . con tinued from Page 1 THENCE S 66 °16'10" E, 104.10 feet along said margin of S. 135th Streets THENCE N 41 °44'57" E, 827.31 feet along Said Southeasterly line of Lot 16 to the Northeasterly corner of said Lot 16; THENCE N 48 °15'03" W, 61.40 feet along the Northeasterly line of said Lot 16; THENCE S 41 °44'57" W, 19.50 feet; THENCE Northwesterly 68.65 feet along the arc of a curve to the right, having a radius of 185.80 feet, the radius of which bears N 41 °44'57" E, through'.a central angle of 21 °10'15 "; THENCE N 27 °04'48" W, 19.26 feet to the Northeasterly line of said Lot 16; THENCE N "48 °15'03" W, 125.00 feet along said Northeasterly line of Lot 16 to the corner common to Lots 16 and 17; THENCE continuing N 48 °15'03" W, 115.97 feet along the Northeasterly line of Lot 17; THENCE S 89 °57'57" W, 208.18 feet along the Southerly margin of Relocated S. 133rd Street to the Northwesterly line of Lot 17; THENCE S 41 °44'57" W, 521.00 feet along said Northwesterly line of Lot 17 to the Northerly margin of S. 135th Street; THENCE S 29 °18'21" E, 91.43 feet along Northeasterly margin of S. 135th Street; THENCE S 05 °51'32" W, 196.92 feet along the Easterly margin of said S. 135th Street; THENCE S 45 °44'45" E, 69.35 feet along the Northeasterly margin of said S. 135th Street to the POINT OF BEGINNING. Subject to easements as contained in deeds recorded under Auditor's File No. 7405140498, 5164175 and 7801040431. Page '2 of 4 N= men by these Ssents that we, the undergned, owner(s) in fee J ��' an d contract purchaser(s) of the land herein described do hereby ?short subdivision thereof pursuant to RCW 58.17.060 and acknowledge n a t said short subdivision shall not be further divided in any manner N ft hin a period of five years, from date of record, without the filing of a final plat. The undersigned further declare this short plat to be the g raphic representation of said short subdivision and that same is made with the free consent and in accordance with the desire of the owner(s). In witness wherepf we have set our hands and seals. £ a me, C7v f000(, d' r-»r Name Name Name Name STATE OF WASHINGTON, County of Aide' Name On this day personally appeared before me seal STATE OF WASHINGTON, County of On this day personally appeared before me GIV.EN under my hand and official seal this day of seal Short Plat Number Page or3Ef..T E 7rozsE i 1-) to me known to be the individual described in and who the with- in and foregoing instrument, and acknowledged that Hz signed the same as 415 free and voluntary act and deed, for the uses and pur- poses therein mentioned. I r GIVEN under my hand and official seal this / �' day of 4.1057 , 1977 Notary Public in and for the State of Washington, residing at to me known to be the individual described in and who executed the with- in and foregoing instrument, and acknowledged that signed the same as free and voluntary act and deed, for the uses and pur- poses therein mentioned. Notary Public in and for the State of Washington, residing at 4 of , 19 4 ', 1 (4,• /b' /O "W EE RECORD OF �RVEY IN VOL. PG. 223, K /NG OUNTY, WA. Date 0 Certificate No. Short Plat No. .l N57 °97'/3 " est.,. 75' Danny P. Hall in 15650 h 3.2 /Ac. i �'� -- y. �1 S egress ?utll�tie5 r` l / 92. Land Surveyor' s Certificate: 104/ Map on File in Vault 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 Direction: properly staked in accordance with the Tukwila Subdivision Code. Scale: /" = /OO P � o N4/•4457"E /150 LEGEND /566 • '3B" Rebar rcapp L.5 5 set for &cord or O Set s /e" Ret r c cap Ls.' /56so PORT /OA/ OF 5W/4 NEX0 SEC. /4T.23N., R.4E. `Y44. —4— STATE OF WASHINGTON County of &/j,q AFFIDAVIT s s. Ala,eif f i (City) deposes and says: of ritinesok A0.nigZ • 4-7g /410 W .sa/ (Street Address) , Washington, being first duly sworn, That he is the contract owner and has the authority and permission to sign the proposed short plat to be filed in the City of Tukwila on behalf of the title owners of Lots 16 and 17 of Fostoria Gardens Tracts, as recorded in Volume 9 of Plats, Page 95, in King County, Washington. Subscribed and .sworn before me this / - day of 4c'c7U57 1979, by the said P4c75‹ 7aArcer ,� siaes who is personally known b /me, and who then acknowledged that 4 signed the same as J/S free and voluntary act and deed, for the uses and purposes therein mentioned. NOTARY PUBLIC in and for the State of Washington, residing at rjL� LEGAL DESCRIPTION - LOT 1 That portion of Tracts 16 and 17, Fostoria Gardens Tracts, according to the plat recorded in Volume 9 of Plats, Page 95, in King County, Washington, except portion of Tract 16 conveYed to the State of Washington by deed recorded under Auditor's File No. 5721821 and except portion at Lot 17 conveyed to King County for road purposes by deed recorded under Auditor's File No. 1Q06280; and except portion conveyed to State of Washington for Primary State Highway No. 1 by deed recorded under Auditor's File No. 5712570. More particularly described as follows: Those portions of Lots;16 and 17, Fostoria Gardens Tracts, according to the plat recorded in Volume 9 of Plats, Page 95, in King County, Washington, more particularly described as follows: BEGINNING at the Southwest corner of said Lot 16; 1- 226 - 001 -793 August 13, 1979 THENCE S 45 °44'45" E, 172.63 feet along the Northeasterly margin of S. 135th Street; THENCE S 66 °16'10" E, 104.10 feet along said margin of S. 135th Street; THENCE N 41 °44'57" E, 583.31 feet along said Southeasterly line of Lot 16; THENCE N 48 °30'00" W, 115.00 feet; THENCE N 73 °15'.00" W, 264.20 feet; THENCE S 52 °30'00" W, 382.07 feet to a point on said Northeasterly margin of S. 135th Street; THENCE S 05 °51'32" W, 144.94 feet along said Northeasterly margin of said S. 135th Street; THENCE S 45 °44'45" E, 69.35 feet along the Northeasterly margin of said S. 135th Street to the POINT OF BEGINNING; Containing 5.01 acres, more or less. Subject to easements as contained in deeds recorded under Auditor's File No. 7405140498, 5164175 and 7801040431. 1 -226- 001 -793 August 13, 1979 LEGAL DESCRIPTION -. LOT 2 That portion of Tract 17, Fostoria Gardens Tracts, according to the plat recorded in Volume 9 of Plats, Page 95, in King County, Washington, except portion of Tract 17 conveyed to King County for road purposes by deed recorded under Auditor's File No. 1006280; and except portion conveyed to State of Washington for Primary State Highway No. 1 by deed recorded under Auditor's File No. 5712570. More particularly described as follows: That portion of Lot 17, Fostoria Gardens Tracts, according to the plat recorded in Volume 9 of Plats, Page 95, in King County, ,Washington, more particularly described as follows; BEGINNING at the Southwest corner of said Lot 17; THENCE S 29 °18'21" E, 91.43 feet along the Northeasterly margin of S. 135th Street; THENCE S 05 °51'32" W., 51.98 feet along said Northeasterly margin; THENCE N 52 °30'00" E, 382.07 feet; THENCE S 73 °15'00" E, 71.70 feet; _THENCE N 41 °44'57" E, 55.17 feet; THENCE N 57 °47'13" W, 256.75 feet to a point on the Westerly line of said Lot 17; THENCE S 41 °44'57" W., 346.50 feet along said Westerly line to the POINT OF BEGINNING; Containing 1.54 acres•, more or less.. Subject to easements as . recorded under Auditor's. File Numbers. 7405140498, 5164175, and 7801040431. C LEGAL DESCRIPTION - LOT 3 That portion of Tracts 16 and 17, Fostoria Gardens Tracts, according to the plat recorded in Volume 9 of Plats, Page 95, in King County, Washington, except portion of Tract 16 conveyed to the State of Washington by deed recorded under Auditor's File No. 5721821 and except portion at Lot 17 conveyed to King County for road purposes by deed recorded under Auditor's File No. 1006280; and except portion conveyed to State of Washington for Primary State Highway No. 1 by deed recorded under Auditor's File No. 5712570. More particularly described as follows: Those portions of Lots 16 and 17, Fostoria Gardens Tracts, according to the plat recorded in Volume 9 of Plats, Page 95, in King County, Washington, more particularly described as follows: BEGINNING at the Northeast corner of said Lot 16; THENCE N 48 °15'03" W, 61.40 feet along the Northeasterly line of said Lot 16; THENCE S 41 °44'57" W, 19.50 feet; 1- 226 -001 -793 August 13, 1979 THENCE Northwesterly 68.65 feet along the arc of a curve to the right, having a radius of 185.80 feet, the radius point of which bears N 41 °44'57" E, through a central angle of 21 °10'15 "; THENCE N 27 °04'48" W, 19.26 feet to the Northeasterly line of said Lot 16; THENCE N 48 °15'03" W, 125.00 feet along said Northeasterly line of Lot 16 to the corner common to Lots 16 and 17; THENCE continuing N 48 °15'03" W, 115.97 feet along the Northeasterly line of Lot 17; THENCE S 89 °57'57" W, 208.18 feet along the Southerly margin of Relocated S. 133rd Street to the Northwesterly line of Lot 17; THENCE S 41'44'57" W, 174.50 feet along said Northwesterly line of Lot 17; THENCE S 57 °47'13" E, 256.75 feet; THENCE S 41 °44'57" W, 55.17 feet; THENCE S 73 °15'00" E, 192.50 feet; THENCE S 48 °30'00" E, 115.00 feet to a point on the Easterly line of said Lot 16; THENCE N 41 °44'57" E, 244.00 feet along said Easterly line to the POINT OF BEGINNING. Containing 3.21 acres, more or less. Subject to easements as contained in deeds recorded under Auditor's. File No. 7405140498, 5164175 and 7801040431, THIS AGREEMENT executed municipal corporation of the FOSTORIA PARK ASSOCIATES, et. Robert E. Storseth, Thomas W ively called "Owner "). WITNESSETH: WHEREAS, FOSTORIA PARK ASSOCIATES, is presently the owner in fee of the property located in the City of Tukwila, described on Exhibit "X ", attached hereto (hereinafter called "the Property "). WHEREAS, the City's Department of Public Works has determined that in order to provide for the public health, safety and general welfare with respect to the subject Property and other property located in the vicinity of the Property, one or more local improvement districts (hereinafter called "the Local Improve - ment. District ") may be formed for the purpose of improving 134th Avenue South, providing for arterial street improvements, and including but.not limited to, utilities such as power, undergrounding, storm and sanitary sewers and water services; WHEREAS, Owner is willing to equitably participate in said Local Improve- ment Districts in the event one or more such LID is created; NOW, THEREFORE, the parties hereto covenant and agree as follows: 1. In the event the City finds that the creation of the Local Improvement District is within the public health, safety and general welfare, and such • DEVELOPMENT AGREEMENT this date in favor of the City of Tukwila, a State of. Washington (hereinafter called "City "), al partnership of the State of Washington, . Gordon and Jon C. Peterson (hereinafter collect- District*or Districts include within its /their boundaries the property subject to this Agreement, the Owner agrees to participate equitably in such Local s Improvement Districts, and hereby waives any right to protect the formation of If/ said LID or LID's. one or more 2. In the event the Local Improvement District is formed and Owner has already constructed at its expense improvements to its portion of the street which conform with all applicable federal, state and local laws, 'rules and regulations, the Owner shall not be assessed for said improvementsl•already constru by it, and which are identical to, or compatible with, improvements provided for in s 3. The City will, if all legal and administrative prerequisites are ' . LI complied with by the Owner, issue the street use and utility permits needed by the Owner for the Property. Pagel ATTEST: By App oved as to form: City Attorney 4. This Development Agreement shall be recorded, and shall be binding on all the parties to this Agreement and their heirs, successors, and assigns. DATED ;/1�; 1 5 j �l Clerk, City of Tukwila Mayor, City of Tukwila Approved as to adequacy: Department of Public Works STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) FOSTORIA PARK ASSOCIATES By ?fa/ By ACCEPTED: On this day of , 1980 personally appeared and , to me know to be the and , respectively, of Fostoria Park Associates, the corporation that executed the foregoing instrument, and acknowledged said in- strument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument. Page 2 1909 City f Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 Frank Todd, Mayor RS/ j t cc: City Clerk Robert Storseth M EMORAN DU To: Ted Uomoto, Public Works Direct FROM: Ron Swanson, Finance Director LATE March 13, 1980 SUBJECT: Fostoria Garden Tracts - LID Segregation IL ffi (.f `VC A *P hey fe Robert Storseth of Fostoria Park Associates has applied for a short plat subdivision as well as a segregation of the applicable LID assessments within the boundaries of the proposed short plat. I have enclosed the OCD file on this subject for your review. Mr. Storseth has indicated he will be paying all the delinquent LID assess- ments in order to get current. These assessments are shown on Exhibit A. However, our office will need the z dollar amount of the remaining assess- ments segregated in accordance with RCW 35.44.410. (Copy attached). The applicable assessments 4s currently shown on the roll are as follows: Principle Amount for Segregation After LID Assessment No. Payment of all Delinquencies 24 . 4 $38,670.14 24 5 21,090.63 24 6 2,933.75 I would appreciate your providing us with the segregated amounts and the required resolution in order to effect the segregation. Also let us know your estimate of the reasonable engineering costs so we can charge the applicant this amount and the required $10.00 fee in accordance with RCW 35.44.410. Thank you. • March 4,..:1980 Mr. Ron Swanson Finance Di rector City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Re: '10 Acres Fostoria Garden Tracts racts - Dear Mr. Swanson: The undersigned wishes to petition the City of Tukwila to segregate the LID 24 applicable to the above referenced site so as to facilitate the segregation of said parcel. The enclosed site map•and legal des- cription illustrates the proposed segregation. An apportionment of the LID based on an equal proportionaldivision is as follows: 5.01 AC Portion 50% 1.54 AC Parcel 16% Front Two)Parcels 34% Thank you for your consideration. Total 100% : :::;,, �.. • If the above meets with.your approval please prepare the appropriate documents for our execution. _ Sincere Robert E: • Storseth Partner: Enclosure.: • RECORD OF VEY IN VOL.. 5 223, KING JTY, WA. 77.770 -- r A - A-. - ..... .- • '"77 I'? I 1 r\\ I • [ ig/ w I/r ',.t RD _,:: ...0 : . ....1.-: , _.3-e-f , j -- 1 =f4 - 1 - - ' 1 ' . �. 3'i li 11 J .1... • It/ 4. r I 1 • 9,. ,•( ;; � � /t1 J / s, // N / Al • S. r • • NORTH. L/N£ ry r t! / • • • • • • ‘.7 t J • to- ci, 1 ,...- - .. - ' 1.- 0 ., ■ )1.1. : 1 , . l: :•:, ''`.. C . "•• • • . .. .., Sf £/'N£."/ POST£/T (0 _ 1 1. . •, • 1 ; • 1 � .. •` • t• • • 1 a) /-"... 1 I t � N 1 . q'•"• & t ' � /�cj\i /::; ,(L r4 14144 t 4....,""., a: i. �Wtt�' '�+.�. "t:.���i. >�SA:�'.�St ":_cwt,:.. R'' ? .;n. • . Pioneer Na( ' anal Title Insurance Corr any ► SNINCTAlY C LAND TITLE OMMITMENT ASSOCIATION ATICOR COMPANY TITLE INSURANCE 711I SECOND AVENUE • SEATTLE. WASHINGTON fSIO. • TELErUONE 223 -7878 DESCRIBED AS FOLLOWS: SHORT PLAT CERTIFICATE REFER TO: ' NUMBER : A-241969 UNIT : 18 DIRECT DIALING (2J6) 223 -6597 FOSTORIA PARK ASSOCIATES 1200 WESTLAKE AVENUE NORTH SUITE 501 SEATTLE, WASHINGTON 98109 ATTENTION: BOB STORSETH DATE: JULY 6, 1979 AT 8:00 'A.M. GENTLEMEN: az rd 7/17/79 A FC's ¥ /mot 0 THIS IS A SHORT PLAT CERTIFICATE AS OF THE DATE MENTIONED ABOVE. THIS COMPANY CERTIFIES THAT RECORD TITLE IS VESTED IN A- 241969 PAGE 1 A consolidated statement of all PORTION OF TRACT 17 DESCRIBED AS FOLLOWS: BEGINNING AT NORTHEAST CORNER OF TRACT 17; THENCE SOUTH 40 °17' WEST 280 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 40 °17" WEST 250 FEET; THENCE NORTH 49 °43' WEST 272 FEET TO NORTHWESTERLY BOUNDARY; THENCE NORTH 40 0 17' EAST 250 FEET; THENCE SOUTH 49 °43' EAST TO THE POINT OF BEGINNING AND R. L. OLDRIGHT, ANU C. R. ALTMAN AND H. D. TIBBALS, EACH AS HIS SEPARATE ESTATE AS TO THE REMAINDER. AND IS A CERTIFICATE FOR A SHORT PLAT OF THE FOLLOWING PROPERTY: TRACTS 16 AND 17, FOSTORIA GARDENS TRACTS, ACCORDING TO THE PLAT RECORDED IN VOLUME 9 OF PLATS, PAGE 95, IN KING COUNTY, WASHINGTON, EXCEPT PORTION OF TRACT 16 CONVEYED TO THE STATE OF WASHINGTON BY DEED RECORDED UNDER AUDITOR'S FILE NO. 5721821 AND EXCEPT PORTION AT LOT 17 CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED UNDER AUDITOR'S FILE NO. 1006280; AND EXCEPT PORTION CONVEYED TO STATE OF WASHINGTON FOR PRIMARY STATE HIGHWAY NO. 1 BY DEED RECORDED UNDER AUDITOR'S FILE NO. 5712570. FREE FROM ALL LIENS, ENCUMBRANCES AND OBJECTIONS, EXCEPT AS FOLLOWS: 1. GENERAL TAXES, AS FOLLOWS, PLUS INTEREST AFTER DELINQUENCY: FOR YEAR AMOUNT BILLED AMOUNT PAID 1979 $2,415.15 $239.13 1978 $2,221.02 $.00 BEING COUNTY TREASURER'S PARCEL NO. 261320 - 0084 -00, 261320- 0085 -09, 261320- 0086 -08 AND 261320- 0087 -07 2. ASSESSMENT OF $64,450.22 FOR SEWER AND WATER DISTRICT 24, ASSESSMENT NO. 4, FILED WITH THE TREASURER OF THE CITY OF TUKWILA, PAYABLE IN ANNUAL INSTALMENTS PLUS INTEREST AT 8% PER ANNUM FROM MARCH 2, 1976. THE FIRST 3 INSTALMENTS ARE PAID. THE 4TH INSTALMENT WILL BE DELINQUENT MARCH 2, 1980 IF UNPAID. AFFECTS PORTION VESTED IN OLDRIGHT, ALTMAN AND TIBBALS. 3. ASSESSMENT OF $35,151.03 FOR SEWER AND WATER DISTRICT 24, ASSESSMENT NO. 5, FILED WITH THE TREASURER OF THE CITY OF TUKWILA, PAYABLE IN 10 ANNUAL INSTALMENTS PLUS INTEREST AT 8% PER ANNUM FROM MARCH 2, 1976. THE FIRST 3 INSTALMENTS ARE PAID. THE 4TH INSTALMENT WILL BE DELINQUENT MARCH 2, 1980 IF UNPAID. AFFECTS PORTION VESTED IN JON C. PETERSON, AS HIS SEPARATE ESTATE 4. ASSESSMENT OF $4,889.59 FOR SEWER AND WATER DISTRICT 24, ASSESSMENT NO. 6, FILED WITH THE TREASURER OF THE CITY OF TUKWILA, PAYABLE IN 10 ANNUAL INSTALMENTS PLUS INTEREST AT 8% PER ANNUM FROM MARCH 2, 1976. THE A- 241969 PAGE 2 FIRST 2 INSTALMENTS ARE PAID. THE 3RD INSTALMENT IS DELINQUENT. THE 4TH INSTALMENT WILL 8E DELINQUENT MARCH 2, 1980 IF UNPAID. AFFECTS PORTION VESTED IN'JON C. PETERSON AND DONNA PETERSON. 5. CONTRACT OF SALE VENDOR : R. L. OLDRIGHT, C. R. ALTMAN, AND H. D. TIBBALS, EACH AS E THEIR SEPARATE ESTATE VENDEE : AHM, INC., A WASHINGTON CORPORATION DATED : FEBRUARY 17, 1978 RECORDED : FEBRUARY 28, 1978 AUDITOR'S NO.: 7802280532 RECEIPT NO. : E- 458473 AFFECTS PORTION VESTED IN VENDORS. THE VENDEE'S INTEREST THEREUNDER ASSIGNED BY INSTRUMENT DATED : FEBRUARY 17, 1978 RECORDED : FEBRUARY 28, 1978 AUDITOR'S NO.: 7302280533 RECEIPT NO.. : E- 458474 ASSIGNEE : JON C. PETERSON THE INTEREST OF SAID ASSIGNEE BEING PRESUMPTIVELY SUBJECT TO THE COMMUNITY INTEREST OF SPOUSE IF MARRIED ON OR SINCE THE DATE OF SAID INSTRUMENT. 6. DEED OF TRUST TO SECURE AN INDEBTEDNESS OF THE AMOUNT HEREIN STATED AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF, RECORDED IN THE DEPARTMENT OF RECORDS AND ELECTIONS OF KING COUNTY, WASHINGTON. AMOUNT : $13,221.28 DATED : APRIL 16, 1979 RECORDED : APRIL 18, 1979 RECEIVING NO.: 7904.180504 GRANTOR : JON C. PETERSON AND DONNA D. PETERSON, HUSBAND AND WIFE TRUSTEE : PIONEER NATIONAL TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION BENEFICIARY : RONALD C. MC NAUGHT AND MARVEL J. MC NAUGHT, HUSBAND AND WIFE VESTED IN JON C. PETERSON AND DONNA 0. PETERSON 7. DEED OF TRUST TO SECURE AN INDEBTEDNESS OF THE AMOUNT HEREIN STATED AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF, RECORDED IN THE DEPARTMENT OF RECORDS AND ELECTIONS OF KING COUNTY, WASHINGTON. AMOUNT : $120,695.00 DATED : FEBRUARY 17, 1978 RECORDED : FEBRUARY 28, 1978 RECEIVING NO.: 7302280528 GRANTOR : JON C. PETERSON TRUSTEE : PIONEER NATIONAL TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION BENEFICIARY : TED E. GUSA AND MARY A. GUSA, HIS WIFE AFFECTS PORTION IN JON C. PETERSON, AS HIS SEPARATE ESTATE A- 241969 PAGE 3 8. DEED OF TRUST TO SECURE AN INDEBTEDNESS OF THE AMOJNT HEREIN STATED ANtl ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF, RECORDED IN THE DEPARTMENT OF RECORDS AND ELECTIONS OF KING COUNTY, WASHINGTON. AMOJNT : $36,639.00 DATED : DECEMBER 1, 1977 RECORDED : JANUARY 4, 1978 RECEIVING NO.: 7801040432 GRANTOR : RONALD C. MC NAUGHT AND MARVEL J. MC NAUGHT, HUSBAND AND WIFE TRUSTEE : PIONEER NATIONAL TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION BENEFICIARY : TED E. GUSA AND MARY A. GUSH, HUSBAND AND WIFE AFFECTS PORTION IN JON C. PETERSON AND DONNA PETERSON, HUSBAND AND WIFE 9. JUDGMENT CONTAINING PROVISIONS SET FORTH HEREIN. JUDGMENT NO : 144967 ENTERED : DECEMBER 5, 1977 CASE NO. : 824087 PLAINTIFF : WINDENTIDE, INC., A WASHINGTON CORPORATION AND REDONDO MARINE, INC., A WASHINGTON CORPORATION DEFENDANT : FRANK T000, HIS WIFE AND R.L. OLDRTGHT AND THELMA L. OLDRIGHT, HIS WIFE RENDERED : DECEMBER 5, 1977 ATTORNEY FOR PLAINTIFF: EDWARD HOLPUNCH PROVISIONS : JUDGMENT IN FAVOR OF PLAINTIFFS AGAINST DEFENDANTS; ORDERED TO PAY INTO ESCROW TO COMPLETE PAYMENT OF PURCHASE PRICE' THE SUM O F .WHICH I S NOT NOW AVAILABLE, THE COURT FILE HAVING BEEN CHECKED OUT OF THE COURTHOUSE; TOGETHER WITH INTEREST AT THE RATE OF 6X PER ANNUM FROM DECEMBER 15, 1976, JUDGMENT: PLAINTIFFS ARE AWARDED THEIR COSTS. 1U. WE NOTE A RECORD OF SURVEY OF THE SUBJECT PROPERTY {AND OTHER LANDS). WE HAVE MADE NO DETERMINATION AS TO ITS EFFECTS ON THE BOUNDARIES OF THE PROPERTY. RECORDED: JULY 12, 1978 BOOK: 13 PAGE: 223 AUDITOR'S NO.: 7807129003 11. AGREEMENT EXECUTED BY AND BETWEEN THE PARTIES HEREIN NAMED UPON THE CONDITIONS THEREIN PROVIDED. t3ETWEEN : CITY OF TUKWILA AND J. DAVID JENSEN, ELLING HALVORSON AND FRANK LINDELL DATED : APRIL 6, 1973 RECORDED : AUGUST 15, 1974 AUDITOR'S NO.: 7408150421 PROVIDING : TU DEVELOP A WAREHOUSE MARKETING CENTER ON A PORTION OF THE ABOVE DESCRIBED PROPERTY AND IN ORDER TO DO SU IT IS A- 241969 PAGE 4 NECESSARY THAT PROVISION BE MADE FOR WATER AND SEWAGE SERVICES AND FOR STORM DRAINAGE. 12. AN EASEMENT AFFECTING THE PORTION OF SAID PREMISES AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES. FOR : ROADWAY AND UTILITY PURPOSES DISCLOSED BY INSTRUMENT RECORDED: MAY 14, 1974 UNDER AUDITOR'S FILE NO. : 7405140498 AND OTHER INSTRUMENTS CF RECORD AFFECTS : NORTHWESTERLY 30 FEET OF PORTION OF LOT 17 LYING SOUTHERLY OF HIGHWAY AND NORTH OF THE EXCEPTED PORTION OF SAID LOT 17. 13. AN EASEMENT AFFECTING THE PORTION OF SAID PREMISES AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES. FOR ELECTRIC TRANSMISSION AND DISTRIBUTION LINE IN FAVJR OF : CITY OF SEATTLE, A MUNICIPAL CORPORATION RECORDED ' : MAY 23, 1960 AUDITOR'S NO.: 5164175. AFFECTS : THE SOUTHEASTERLY 10 FEET OF THE SOUTHWESTERLY 511.29 FEET OF TRACT 16 14. EASEMENT FOR UTILITIES OVER AND ACROSS THE EASTERLY BOUNDARY OF SAID PREMISES, VESTED IV JON C. PETERSON, AS HIS SEPARATE ESTATE,.AS GRANTED BY INSTRUMENT RECORDED JANUARY 4, 1978, UNDER AUDITOR'S FILE NO. 78U1040431. 0 15. A, 4FFECTING THE PORTION OF SAID PREMISES AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES. FOR : ROADWAY AND UTILITY PURPOSES DISCLOSED BY INSTRUMENT RECORDED: FEBRUARY 25, 1971 UNDER AUDITOR'S FILE NO. : 7102250429 AFFECTS : WEST 30 FEET OF PORTION VESTED IN CLAWSON' 16. RELINQUISHMENT OF RIGHT OF ACCESS TO STATE HIGHWAY AND•OF LIGHT, VIEW AND AIR, UNDER TERMS OF DEED TO THE ST -ATE OF WASHINGTON. RECORDED : APRIL 14, 1964 AUDITOR'S NO.: 5722344 17. RELINQUISHMENT OF RIGHT OF ACCESS TO STATE.HIGHWAY AND OF LIGHT, VIEW AND AIR, UNDER TERMS OF DEED TO THE STATE OF WASHINGTON. RECORDED : MARCH 19, 1964 AUDITOR'S NO.: 5712570 18. RELINQUISHMENT OF RIGHT OF ACCESS TO STATE HIGHWAY AND OF LIGHT, VIEW AND AIR, UNDER TERMS OF DEED TO THE STATE OF WASHINGTON. RECORDED : APRIL 10, 1964 AUDITOR'S NO.: 5721821 A- 241969 PAGE 5 19. QUESTION OF MARITAL STATUS OF PARTY HEREIN NAMED ON DATES SHOWN. IF UNMARRIED ON SAID DATES OR MARRIED TO PARTY WHO LATER APPEARS AS SPOUSE AND WILL JOIN THE FORTHCOMING INSTRUMENT, RECITAL THEREIN OF THE FACT WILL BE SUFFICIENT; OTHERWISE, THE PRESENT OWNERSHIP OF THE SPOUSE ON SAID DATES MUST BE DETERMINED. DATE: DATE: PARTY: SPOUSE APPEARING LATER: THIS REPORT IS RESTRICTED TO THE USE OF THE ADDRESSEE, AND IS NOT. TO BE USED AS A BASIS FOR CLOSING ANY TRANSACTION AFFECTING TITLE TO SAID PROPERTY. LIABILITY OF THE COMPANY IS LIMITED TO THE COMPENSATION RECEIVED THEREFOR. CHARGE: $NO CHARGE TAX : $N0 CHARGE JK /KP 0669 • CC: SEA ENGINEERS • A- 241969 PAGE DECEMBER 31, 1970 OCTOBER 8, 1975 J. H. CLAWSON LEURA G. CLAWSON BY AUTHORIZED SIGNATORY EASEMENT 5164175 ted gusa mary gusa .petal• and . ,ntaln a. .1.,1.4 1r.n.1n1M 1 M sea distribution doe, e.n.l.ilwl .l Ike weenwir, timer. .M pelts. wllll ►.MM, d.l,• •red .ntw.re. •54 le 'Owe spew M suspend tr.w.ln1....n. d..IrlbuM,w •red synal wires, Iw.d1 . er..M,.n., tr.wsterwen awl enl aggurleMwe,.. Mrwi5.war and u... ine Ieli1wl.l d.Nr.Md lands and premise. .IWNN In the Covey M 1151. N Windln/1.w, t .1: The sout]t.SIterly 10 feat of the southve4 rhy 511.29 feet or Tract 16, Fostoria Garden Tracts, according to D..t thereof recorded in Volume 9 of Plats, Page 95, Records of Icing County. T.INMr silk 11.. rllyn1 N all Iona. it Ike 011011..81 ovtn...n .n. "Vaal. at igrnr n and are. Ins MN lands .ewes WW. n ewt Woods et tw. O.N.rl In We wane* el ....wet.... ntenelruttw•• raplr111a nerwlne. .11lnne, Ind, paIril.., see op ..Il.y MS I.M, ►a IM newt at awe I -.. le rem... said ple5. wlrlt and appurtenant.. 51.1 said ttwde a,M Ike ngM la 1• Snail.. a... ******* end aM.ews, el 511 ran to tut ail hush and twober, and Ins all Owes el.ndl.e le going Y.wi wind sa wo.ek, .w IM .{..wen .I the Cowles, ..walllul. • .wiMn or danger Is said I.M. 0 .a YMtntsed aid wooed twee IM C.I, al Mettle. D.pa•Ino,l .1 L.Iwl nay drawl ilk,, vld.l,at tow noel and M•1•lep le w 5.., sod we }1N'y We said •001100•410w and d,.IrIMl.en line. TM Cltg It haulm and ea ether N.IM.ee are te M .C.p,..sle, as arw.ded by lad, Is, any damsel rW11Ine Is eke Greeter II twnuew its M.lyemn .0 M eowslr.nl*a. wnwlen.Me see .seat el said Imes and d,.I,,ba1.M IIM •■■ and gamma Ike amen, IS said areadMa • TM Or1Nar1 • theiA..n, t.netann or aM.e ., _ and sere. IIM . tbay will net de any kl.sllwe M d yeeu.r.a any •wder.les .rNkw • ....81. N Skill kindred (loo) teat et wild line widest lining ►la nal.t. 1., nn1•.y le Ike Grantee, N. sMS••••• et M ...e. N INewt,.w M to •• r..•.. Iny. /rn.Ugee .wd M.o., nanny M5•W 51.N 5...... and In .w Ion. .will wn 11•• 5. Ill O..... N. .sal,.." • ...y... MM .w.r.wr .aw.e. late Yen. IMN5, Nine .y Man Item wiy lewK a • .w.N .l •.rslle 1.^..nl.e •••••• MN sl .MY. Iwy M Mw vv... Me. ..•.l.•.. and avwo..l, M.M1 law1N M.N M,—h ilt. •w, maroon,. an 181 a.d g•aw.Ml MI4 ►I the MarIgeeee lb.ve waw.ed II heroes n5wi• to tee 1.1511, kW only 10 try .11en4 nlasrsry M •..•••••■• Ina .a• wnn/ar. 1. II.. M•-•at Mn1 811 le Mid Grantee. 181 W i W wINIO,, Inn .wsnvwewl M. kiln ..railed We wag and year First Wow .,Wen. 7801040431 AFTER RECORDING NAZI TO: Pioneer national title INSURANCE 729 Second Avenue WA 911104 V Escrote 1200021. -Kr SFAT7 :.OF N'AS /IMNGI County V Ring ' . .f ►. JAN4 1916 11 r::n Tar-. ..,. • •.. + wr•a'. • ;eaCe tr1Art0 rca nccomi s sett • 1st day o f December, 1977 Tie Mary A. Gunn y{= MY1•a marl. EXCISE TAY. PAID, JAN3 A 19 v 7 y 9 . Statutory Warranty Deed. c • r THE GRANTOR TED GUSa, who is identical with TEDE.' GUSA`and, mary gusa al and wife, . . .... . . . . p for and in cunuideralian of TEN .($10. 00) DOLLARS, and other good and valuable consideration, ", In Band paid, conveys and warrens to RONALD C. McnAUCHT and MARVEL mcnauGHT, husband and wife, ' the following described teal state, situated in the County of • KING , State of W 44111 ' 1 10 411, That portion of Tract 16, Fostoria Garden Tracts, according to the plat're- corded in Volume 9 of Plats, page 95, in King County, Washington; described as follows: Beginning at the Brost Westerly corner of said Tract 16; thence South 47•1 East :long • • the Southwesterly line of said Tract 16 a distance of 175.31 feet; thence South 67.43' East along the Southwesterly line of said Tract 16 a distance of 20 feet to the true point of beginning of .this description; thence South 67•43' East 82.11 feet* to'the aato$t.?:, Southerly corner of said Tract 16; thence North 40'17' East along the Southeasterly' 1'1n4,;: of Said Tract' 16 a distance of 297.73 feet; thence North 49.43' West. parallel 'vith. Elie:; ,`" `• Northeasterly line of said Tract 16 a distance of 137.29, feet to a point which bear* North 30.00' East from the true point of beginning =' thence South 30.00' West•32'7.77 feint..• to the true point of beginning. . Together with Easement described in'Fxhibit A.. attached hereto. SUBJECT TO: Assesseent, Ordinance.867. District 24. Assessment -No. 6: • . • assessment ar.'to b . Ek$ 'iPfr 4ktffid; - t 'Distibvtion'Line in favor of ,the City of Seattle, a s :unicipal Corporation,' recorded 5/23/60 under Auditor' File No. 51641757 affecting the Southeasterly 10 feet of the Southwesterly 511.29 feet of Tract 16.VV;. Agreement'between City of Tukwl]a•and J. David :Jensen; Elliny Halvorson and Frank 'Lindell dated 4 /6/73; recorded B/15/74 under Auditor's File Ma: 7408150421; pioviding to .develop . a• warehouse marketing center on the above described property and in order.. to '. do so it i5 •necessary that provision be made. for, water and sewage service and for.storw . drainage. -arx— (stAt) • O nth :< di) pal .nnany ,;.:.semihelot, me Ted F. Guse and Cusa, _ . to nn• know, to he the ;nd,c:d,:ul s dt.'nlwl in and .ho arewnt Ole ' within alnd fort$oin4 .iosalument, and • acknoelirtgrd c hat they signed the ...nu as their free and voluntary act and decd, tor ;fee uses and purinw% therein mentioned. /� •• . • Cl�•EV under my hand and off at seal this •- day of . L e C , �-, V .tbts•r ' a�d .e Iry L N AN e Stele of .' mithz V • e1 reti Ir , / . • I • .. .iAtt4 . '8.3 P:111'. • • • LX11111T "A" •••• ' •. . • •• • • • ••• • ' • . •• 'Easefent for utifltaes over and across the1.asterly boundary of the following described:property: • • . . ..• • • • • • • THAI PORTION OF. TRACT 16..1OSTORIA GARDEN TRACTS, ACCORDING TO THE PLAY WEGORDEJ IN VOLU4E 9 Ur ' , EATS. PAGE 95.: IN AING COUNTY, WASHINGTON, 0EsCkInED• AS • Touthls: . : , . . • •• . . .. - litClu,t(t4G AT THE 405.1 WESTERLY CORNER. OF SAID .TRACT 16 AND RUNNING • THi-NCE SOUTH.47 EAST 175.31 : FEET; THENCE SOutH 6t•iii• EAST 20 FEET. 16. TRUE POINT"OF BiGINNING; THENCE NORTH 30 EAST 3711 FEET; THENCE • • . . 1.40.1 5.5/4• wEST 174.4 FEET TO IHE WESTERLY BOUNDARY OF SAID TRACT. 16; NORTH 40 EAST ALONG SAID WESTERLY. 130.1NDARY 359.99 'FEET, MORE LESS TO THE 'HOST NORTHERLY CORNER OF SAID TRACT 16: THEmCE. SOUTH • • 149°43" EAST - ALONG THE NORTHEASTERLY BOUNDARY OF SAID. TRACT 272.25 FEET TO TOE SOUTHEASTERLY 'BOUNDARY OF SAID TRACT 16; THENCE .SOUTH 40 WEST. • • Al0:10•5..110 •StiuTHEASTERLY BOUNDARY 627.73 FEET TO THE MOST SUuTHERLY CORNER CD".:OF, SAID thACT 16; THENCE NORTH 67 WEST • 112.11 FEET TO THE TRUE POINT OF 7 : 4 :) ,..9EGIHN.146:.EXCEOT THAI PURTION CONVEYED TO THE STATE OF'WASHINGIONBy , UPOEA AUDITOR'S FILE NO ..5721821. AND ExtEPr THAT PORTION, ...C FOLL1454 • •. • , . ' • • • ; AT THE.. WESTERLY CORNER OF SAID TRACT 16; THENCE SOUTH .`:47 EAST' ALONG THE SOUTHWESTERLY LINE:OF SAID TRACT 16. A DISTANCE OF .175.31 FEET; THENCE.SOUTIT 67°43' EAST ALONG THE SOUTHWESTERLY LINE OF SAID' • • •;11taLT 16. A DISTANCE OF 20 FEET TO THE !ROE POINT OF BEGINNING OF THIS '.0ESCHIPTION; THENCE SOUTH 67°43* EAST 82.11 FEET TO THE MOST SOUTHERLY • 'CORNER JF SAID T44CI.16: THENCE NORTH 40°17! EAST ALONG THE SOUIrlEASTERLY tINE 3F SAI0 TRACT 16, A DISTANCE OF 297.73 FEET; THENCE NORTH 49°43' 'JEST. PARALLEL WITH •THE NORTHEASTERLY 1.1.4E OF SAID raAcr 16. A DISTANCE OF • • 7 29 F ET TO A . POINT wHICH 'TEARS NORTH 30 6 0J• EAST FROM THE TRUE POINT CF BEGINNING. BEG177 THENCE SOUTH 30 WEST 327.77 FEET TO THE TRUE POINT OF • , • , VIS . T . r. . • . . . • • .• • • • • .• • . • • . • , • • • • „ •• • • •• , • • •• • • ■ • :;••• • Pioneer National Title Company FEB 25 1971 MORTGAGE THE MORTGAGOR J. David Jensen and Amy Jensen, husband and wife, • CI hereinafter referred to as the mortgagor, mortgages to J. 11. Clawson . c the following described teal property situate in the 'County of girig , Stet. of Washington: . • • See Exhibit A 'attached hereto and made a part hereof . , . - . . • . 2 sheets Iwo a.$ pated $ Lf this et7D • • • . together with the apixtetenances, and all awnings, screens, enamels, and alt plumbing lighting. besting. roofing.' • s eeonlating, elevating and watering apparatus and fixtures now..or hereafter belonging to or used its connect eith the property. all of which shall be construed as a parr of the c&zy 4 • . . • • To secure the performance of the cotenants and agreements hereinafter contained. int/ the pa y m ent • • • , • • r tY Thousand and 00/100---------------- ($37,000.00) Voltu • . • with interest from date until paid, according to the terms of - • • certain promissory note bearing • :•.- • • • area date herewith. • - .. • . - • • • The mortgagor covenants and agrees with the mortgagee as follows: that he is lawfully- seized of the • • city in lee simple and has good right to mortgage and consei-ii; that the property is free tram all Hens and a. • •, • encumbrances of every kind: that he will keep du: property free from anyerrinthrances Hoe to this mortgage; • • that be will all taxes and assessments levied or imposed on the property and.lor . on this mortgage or 1111 debt hereby secured. at least ten days before deliruMMEy. and will imiiiediately deliver Proper receipt: therefor tothe mortgagee: that he will not permit waste of the property that he will keels all buildings now or hereafter • . • 'o ogarhe properly in gond nyder and repair and mavasingly insured against 1 or aamalfe by fire so the • • ' extent of the fun insurable value thereof in a rompaily loci:pulite to mortgage.: end few rhe trowtpgre's henefit. .: • , • . . and will deliver to mortgagee the policies, and renewals thereof at lea-i five data before expiration of the cid ' • poiicies. . • • Should the mortgagor default in any of the foregoing coseinuats or temerneuts. then The mortgagee ;TORY per form the same and may pay any part or all of primipal and interest of any prior encumbrance orsof kw- • ' ance piendums or other charges secured hereby. and an; amount (4:1 pals!. islth interest themsn at th • • legal rate from date of payment shall he repayable by the umitgagur on demand. and sluff also he secured by • '• this mortgage without waiver of any right or other trowels arising froni breach of any of the Militants hereof. The mortgagee ihati hr the sole judgeof the salirliis of any tax, assessment or lien asserted against the prop. • • • my, and payment thereof by the mortgagee shall estaNisti the right to reviver the anmosnit set p.1.1 with interest. • Time is of the es.encebereof. and it be made in the payment of any of the sums hereby secured. or is ihe, performance of any of the covenants or agreements herein mmained. then in any such ease the ' ..•• remainder of unpaid 'principal, with scented Interest and allttther inilehtellne•et hereby secured, 4011 at the . • . . election of the mortiogee become immediately due without notice. amt this mortgage may he forceless's,. • • its any action to foreclose this mortgage or to collect an; charge growing out of the debt hereby %mired, •. - . or in any suit which the mortgagee may he obliged to defend to protect the unimpaired priority of the lien • '• hereof, the mortgagor agrees in pay a reasonable sum as .stim.ru.e s fee: and an t•n‘ta and ripens'' in connection • with such suit, and also the reasonable cost of searching teeurds, • which sums shall he secured tivehy and • Included in any decree of foreclosure. • • • ; " . • . • . - • • •• • ... - • liegt..F.. ealhe Y. E. corzer of Tract 17, FOS:3 Garden Tracts as record:::: i • -. Voltt=e 9 of Plats, page 93. is. Kitz 'Coutty, l'‘'gr.; theace Sc_,.. 45 17' 1.:%•;_ii, • . 290 feat aloaz the. ei..seerlY of stid tract :a t'ae tr-...e ;I:Az: of b.t:,:calc;; • . e . .. • .,.-. . ••• • • .,' theace eca.cuir,gSouth 40*- 17 . iVes: 25P feet; thette "cort'4,45' 43' West .• . • 272 feet to tho aorthwesterly.bm:r_dary a said Tract 17; t':.er...ac 4C/".17 Ease .. • :'•-•:.-:.: ;•:.; c .' ;:..: .. •-K .. • : ' ' - - ••• 250 'ea' altzef said' to-t1w.tsterly ho:tadary' a.::,oiat I desert as 'c.. 'A •• • •• , • :'• • • • - thence:Soup:a 49* 42' Zast ai):-.roxitaltufy 272 it to t'.:..z. 'axe 73itt O: t.. toga:adz': .• • -,- • .• wit at easeme:t for roadway ar.4 utility pur:to.es'oar z adite fc'lloag c:ascri'a.;.: • .: • • - • • • atd �r c wt ., • . . .• • /kJ • . portiOn said •Tract 17.. • • • • • • •• • _. . •• • - CV • • • . . . • oft ' itaiag az Polat 'A'; the aceScr alfa 35 feet; thetde S'orth 40* 17' 'Emit ' ' ':'• ',''. mml :* a;;,it-axi--cataly 135 feet to the sautherly riglatof-v.-ay mai-gin or South 133rd Street; _' : • • , • :•-) '•';'",,' '' - .E• " thattoe westerly' a.ocg said rightof-way to the torthwesterly lit., of 'ialdI'iact.17.: '. • ...'•.' ' ••.,'',.•'' • • • • . . - . • , ••• • .' Theece.So.4.12 40' 17 West to Poir.t the point of "o..1teAtlir„, : :- ,... -'.,. ..,. •• : - ... , ........ . . ...•. • .... , .... ,... ..., .. ...:. SU ' 100 CZ i0 as for roadway And Ctilley purposes oai that' parrion deserff4ad*: • ' 'A' raw litiruCTRN Manion Cleary • _..to virs Ovetow. .• Filed for Record at Request of •• Owed this • STATE Of WASHINGTON, Oa OW dry prnomtly aspens' been as R • III me Sarin Is be she i..ivJ drib ed in and adiaowledped dm h sped *a WNW II pupas tlirrisa masissal . .• GIVEN vadat my band mad IOW e PAC* ..:".#11: lic60110E19 • ; , ESTOF 3974 WAY 14 ra 2 02 • • • • • . . • oirtEcTol • . RE 2. ELECTIONS :• KINO•CCUNTY. WASH.' . . Statutory Warranty Dood .. ,, .. - '. - - • THE GRANTOR A.L. OLDRIGHT and ,THELMA, LA RUE OLDRIGHT; his wife; C. R. ALTMAN and BARBARA D. ALTMAN, his wife; It D. TIBBALS and DOROTHY I., ' ...., . . ro n a ltALE hh ALBERT FORTIER. and VYOLA FORTIER, his wife ' ... .._ • '• One Dollar and other good and valuable consideration• . la bmdPsid "' .7. DAVID JENSEN and AM JENSEN, his wife Ow Iambs incased reel mate. shuseed Is ire Carty of ri , Stab of • Wathavilva: See Exhibit A attached hereto and made a part . • hereof • rocUkt.sar • • • This deed is gives in fuIflhl..eI of that portals real eleCts contract between the parties hereto. • :•'. dated September 30 • 1468 • and nondltiOned for the co aaaaa nc• of the above ' • . . described prooartr.asd lb* co aaaaa la of warranty herein contalsed shall not apply to any title. Interest or •neuintwascet arising by.throsith or alder the purchaser in said cosi:act and shall sot •• apply to nay Lazne. meats or other charges levied. • or becoming due sehs a to the date of said contract. day a January, 1971: - R. L. Oldriaht and Thelma Llama) R us Oldright; C. R. Altman and Barbara D. Altman; H. D. Tibbaks avre Fortier Vyol Fortier • • BY, C • . 1.. Oldriglit, attorney in fact L. °Wright ere eswined the widga and larmaityliAlmer,:irel • • • • Inn aid voiumary pkt■404 la hi s . i ...,• day el -)lanuary. 19 r..4- : ? , •P.• i! itte''' " X i / -'' • t "s••%, , Now, abavaja sal it. Um •,4 1 ,...4:;&.......,...... : . • 2 - - SHEETS • , . • • MAY 14 1974 • • EZIIIIBIT . . . . .• . • '. • ' . • . .. • , • ... ... • ... . Neetwatig et the N. 1f,icorner of Triot.17. Fostoria Garden Tracts 's* recorded le ' • • :' . . •.: . • . Volume 11 el Hats. pigs N. le Klog Couoty, Washicgtoe ithenno South 4 17' West, • . , • • . - .' . • 300 fest ales( the easterly boundary of said tract to the true point of bsginniegi • , thesOeCostleuleg South 40 17'.West 200 feet; thence North 40 43' Waal apgrositestely •. . ..:"...."..''...'•••:- • . 27210444o the norttninietorly boUndary of asid.Tract 17j thence North 40 17 !est .. • .- ..... ' ''. ' - •..... •'. . 290 feet alas" .seld nOrthwsiterly.bouailari to it point hereafter described se POlat !Ali.: ' . ....... • ,, .. 'V' --- theso■ south 42 43* 'East approxlm.atoly 272 fool t0 . he true potet of begloaleg. toga' thew. •1:: , ...., ." With iiiitemement for roadway awl Utility purpoie4 never and under' the following described: ...*:••, ; .: .... ,. . .... -3 ' •gert1est Of saldTraot.17. . . • . • . , . . .. '"'.. : ...tr : . • Beginning et point 'A'; thencn.Sonth 40 43 East 30 feet; thence North 40 17' East . • , ': . '''.... . ..... . . apprcadmately 105 feet to the southerly right-of-way margin of South 133rd Streedt . ..,,• . . • .. •, tholes westerly aloe*/ said right-of-way to the northwesterly line of said Tract. 17. • ' ... 'Theme 0.0 40 * 17' Welt to Point 'A' and the point of begieoleg. • • '..•:- . . . : •-• Subject teas essemeat for roadway and UUlity.iurposes over that portion described - . •'•:•.....1*••,‘;• ' ....• 1 .•• - as follows* :,' , . . . . . . . ...... • Begtmdas Polet 'Al thecae South 49 43' East 30 litisti.theane.SetHat 40 17' Wusi •• 200 Intl theme North 40 43' %Sat 301.0?; thence North'40' 17' East 230 fist to'fiolat • •••••• go.% . , . • ' . . . . • *. •