HomeMy WebLinkAboutPermit L03-038 - OTEY SCOTT - BOUNDARY LINE ADJUSTMENTL03 -038
KFC /TACO BELL
15036
INTERNATIONAL
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Ms. Joanna Spencer, Development Engineer
City of Tukwila
Public Works Department
630 Southcenter Boulevard
Tukwila, WA 98188
RE: KFC -Taco Bell Boundary Line Adjustment
City of Tukwila File No. L03 -038
Our Job No. 10750
Dear Ms. Spencer:
CIVIL ENGINEERING, LAND PLANNING, SURVEYING, ENVIRONMENTAL SERVICES
September 8, 2003
In response to your August 20, 2003, facsimile, I would like to make the following comments, which are
numbered to coincide with the notes on your facsimile:
1. Ingress /Egress Easement — should there be a provision who is responsible for the
maintenance of this 30 fl. wide strip.
Response: The client is not proposing to provide any separate provision for the
responsibility of maintenance of this strip of property. The maintenance responsibility for
this access will remain to be the responsibility of the underlying property owner.
2. Waterline Easement (15'x 16) — how did this easement originated, who is it beneficiary and
what does it cover.
Response: This easement is centered on the proposed fire hydrant. It is required by King
County Water District No. 125 for their use and maintenance.
3. Is some kind of a cross parcel drainage easement needed. Is there existing storm drainage
system that takes care of both lots or each lot has or will have it's own after new KFC /Taco
Bell building is constructed.
Response: There is no current cross - parcel drainage easement for this existing storm system.
Currently the maintenance responsibilities lie with the underlying property owner for each of
the two parcels. As is typical with numerous properties, each property owner is responsible
for maintenance of the private utilities that lie within the boundaries of their ownership. This
has been verified with the underlying property owner.
4. Item #4 in your letter states that deeds for R.O. W. acquisition prepared by Perteet Eng. were
prepared on different basis of bearing. Please provide information how the exceptions were
calculated and notated to the proper datum. What was used as proper datum?
Response: Our survey is tied to the Washington Coordinate System North Zone (NAD
83/91), established from information published by the City of Tukwila (COT). We held COT
No. 1 for position and the bearing of North 29° 08' 37" West toward COT No. 15. I have
seen no information of this sort related to the Perteet Engineering work. I calculated the prior
18215 72ND AVENUE SOUTH KENT, WA 98032 (425) 251 -6222 (425) 251 -8782 FAX
BRANCH OFFICES • OLYMPIA, WA • WALNUT CREEK, CA
www.barghausen.com
Ms. Joanna Spencer, Development Engineer
City of Tukwila
Public Works Department 2 September 8, 2003
deeds for right -of -way acquisition that were prepared by Perteet Engineering. I have no
knowledge as to how they were prepared by Perteet Engineering, but they were not prepared
according to the basis of bearing based on information provided by the City of Tukwila. We
discovered a difference of 20 seconds of arc between our survey and the Perteet Engineering
deeds of dedication. We calculated the deeds according to the legal descriptions and then
rotated them 20 seconds of arc to match our survey.
We believe that the above responses address all of the comments in your facsimile dated August 20, 2003.
Please review and approve the enclosed at your earliest convenience. If you have questions or need
additional information, please do not hesitate to contact me at this office. Thank you.
Sincerely,
R. William Glassey, P.L.S.
Project Surveyor
RWG /dm/ca
10750c.004.doc
cc: Mr. Brad Minogue
Mr. Dennis J. Saltys, Barghausen Consulting Engineers, Inc.
Mr. Hal P. Grubb, Barghausen Consulting Engineers, Inc.
Ms. Minnie Dhaliwal, Senior Planner
City of Tukwila
Department of Community Development
6300 Southcenter Boulevard, Suite 100
Tukwila, WA 98188
RE: KFC/Taco Bell Boundary Line Adjustment
City of Tukwila File No. L03 -038
Our Job No. 10750
Dear Ms. Dhaliwal:
In response to your July 30, 2003, letter on the above - referenced project, I have the following
comments, which correspond with your numbered comments:
1. Completed.
2. Completed.
3. Completed.
5. Has been completed and is attached.
CIVIL ENGINEERING, LAND PLANNING, SURVEYING, ENVIRONMENTAL SERVICES
August 8, 2003
18215 72ND AVENUE SOUTH KENT, WA 98032 (425) 251 -6222 (425) 251 -8782 FAX
BRANCH OFFICES • OLYMPIA, WA • WALNUT CREEK, CA
www.barghausen.com
4. This item requires some explanation. The whole purpose of this project is to adjust
the historic property boundaries of the two lots to conform to lease and more recent
use lines. The lease lines are also historic and the legal descriptions of the leases are
of record and were provided by the title company. The lease descriptions constitute
the more recent use lines. This Boundary Line Adjustment application is to
formalize what has been occurring on the ground, in fact. The deeds that you refer
to, as prepared by Perteet Engineering, were prepared on a different basis of bearing
than the City of Tukwila now mandates. The exceptions were calculated according
to the deeds and rotated to the proper datum. It is my firm belief, as a Professional
Land Surveyor, that the public is not served; in fact, they will likely be confused, by
preparing new full metes and bounds descriptions. One of the goals of a proper legal
description is to preserve title integrity. Subsequent to recording this Boundary Line
Adjustment, the best way to describe the two adjusted parcels will be to refer to this
document. Therefore, Item 4 has not been completed.
Ms. Minnie Dhaliwal, Senior Planner
City of Tukwila
Department of Community Development - 2 - August 8, 2003
6. Has been completed and is attached.
7. Completed
Our client will be resubmitting the Boundary Line Adjustment presently. Please contact me at
(425) 251 -6222 should you wish to discuss these matters further.
Sincere]
RWG /jss
10750C.002.doc
enc: As Noted
cc: Mr. Brad Minogue, Olympic Associates Company (w /enc)
Mr. Dennis J. Saltys, Barghausen Consulting Engineers, Inc.
Mr. Hal P. Grubb, Barghausen Consulting Engineers, Inc.
R. Will . m Glassey, P.L.S.
Project Surveyor
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SOUTH 152nd STREET
INGRESS /EGRESS 30 y.
EASEMENT
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File: P: \10000s \10750 \survey \10750EXHO1.dwg Dote/Time: 05/28/2003 08:15 Scale: 1 =60 sflink Xrefs:
Job Number
10750
Sheet
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Dote 5/28/03
18215 72ND AVENUE SOUTH
KENT, WA 98032
(425)251 -6222
(425)251 -8782 FAX
CIVIL ENGINEERING. LN D PLANNING.
SURVEYING. ENVIROMIEDRAL SERVICES
Title:
INGRESS /EGRESS
EASEMENT EXHIBIT
LEGAL DESCRIPTION
INGRESS AND EGRESS EASEMENT
The West 30 feet of the East 90 feet of that portion of Lot 27, Block 4 of First Addition to
Adams' Home Tracts, as recorded in Volume 12 of Plats, page 50, Records of King County,
Washington, lying South of the following described line:
COMMENCING at the Northeast corner of said Lot 27;
THENCE South 01°06'17" West along the East line thereof 162.36 feet to the POINT OF
BEGINNING;
THENCE North 82 °09'08" West, 270.14 feet to the Easterly margin of State Highway No. 1
(Pacific Highway South) and the terminus of the herein described line.
10750IElegal.doc
5/27/2003
Page 1
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BCE# 10750
Lot Closures
August 8, 2003
KFC/Taco Bell
Boundary Line Adjustment
L03 -038
Tukwila, WA
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Barghausen Consulting Engineers, Inc.
18215 72 Avenue South
Kent, WA 98032
(425) 251 -6222
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Project: 10750 Fri August 08 11:42:27 2003
Parcel Map Check
Parcel name: TAX LOT 004100 -0525
North: 174085.9341
Line Course: S 82 -09 -08 E
North: 174056.1940
Line Course: S 01 -06 -17 W
North: 173893.8641
Line Course: N 82 -09 -08 W
North: 173930.7495
Line Course: N 22 -14 -44 E
North: 173959.3589
Line Course: N 00 -00 -19 E
North: 173967.8589
Line Course: N 20 -07 -27 E
North: 174085.9317
Perimeter: 815.48
East : 1280810.9497
Length: 217.81
East : 1281026.7198
Length: 162.36
East : 1281023.5895
Length: 270.14
East : 1280755.9795
Length: 30.91
East : 1280767.6813
Length: 8.50
East : 1280767.6821
Length: 125.75
East : 1280810.9471
Area: 39,400 sq.ft. 0.90 acres
Mapcheck Closure - (Uses listed courses, radii, and deltas)
Error Closure: 0.0035 Course: S 47 -18 -43 W
Error North: - 0.00237 East : - 0.00257
Precision 1: 232,991.43
Parcel name: TAX LOT 004100 -0680
North: 173930.7493
Line Course: S 82 -09 -08 E
North: 173893.8639
Line Course: S 01 -06 -17 W
North: 173842.7234
Line Course: N 88 -10 -15 W
North: 173844.6386
Line Course: S 01 -06 -17 W
North: 173744.6472
Line Course: N 88 -10 -15 W
North: 173751.9274
Line Course: N 01 -49 -44 E
North: 173756.5151
Line Course: N 87 -38 -18 W
North: 173756.7743
Curve Length: 38.67
Delta: 73 -50 -55
Chord: 36.05
East : 1280755.9811
Length: 270.14
East : 1281023.5911
Length: 51.15
East : 1281022.6049
Length: 60.00
East : 1280962.6355
Length: 100.01
East : 1280960.7073
Length: 228.08
East : 1280732.7435
Length: 4.59
East : 1280732.8900
Length: 6.29
East : 1280726.6053
Radius: 30.00
Tangent: 22.54
Course: N 50 -43 -27 W
Course In: N 02 -21 -05 E Course Out: S 76 -12 -00 W
RP North: 173786.7490 East : 1280727.8362
End North: 173779.5930 East : 1280698.7022
Line Course: N 20 -07 -27 E Length: 113.62
North: 173886.2764 East : 1280737.7938
Line Course: N 22 -14 -43 E Length: 17.53
North: 173902.5017 East : 1280744.4301
Line Course: S 67 -18 -19 E Length: 5.49
North: 173900.3835 East : 1280749.4951
Line Course: N 22 -49 -38 E Length: 13.67
North: 173912.9829 East : 1280754.7984
Line Course: N 67 -18 -17 W Length: 5.63
North: 173915.1551 East : 1280749.6043
Line Course: N 22 -15 -07 E Length: 16.85
North: 173930.7502 East : 1280755.9851
Perimeter: 931.72 Area: 43,653 sq.ft. 1.00 acres
Mapcheck Closure - (Uses listed courses, radii, and deltas)
Error Closure: 0.0041 Course: N 76 -42 -01 E
Error North: 0.00094 East : 0.00398
Precision 1: 227,248.78
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July 30, 2003
City of Tukwila
Department of Community Development Steve Lancaster, Director
R. William Glassey, P.L.S.
Barghausen Consulting Engineers, Inc.
18215 -72 Ave South
Kent WA 98032
Re: Boundary Line Adjustment application for KFC /Taco Bell at 15036 Tukwila International
Boulevard, Tukwila WA. File Number L03 -038.
Dear Mr. Glassey:
The Department of Community Development received your Boundary Line Adjustment application and
the following information is required to further process your application:
1. Pacific Highway was renamed Tukwila International Boulevard. Please correct your records.
2. Show lots 5,6,27,28 & 29 in dotted lines so we can follow your legal description.
3. Label tax lot numbers on your survey map.
4. For new legal descriptions please provide full metes and bounds description for each new lot and
not exclusion of land conveyed to the city of Tukwila under the two deeds. Please make sure
bearings and length shown on your survey map match the legal descriptions in the two deeds.
The legal descriptions.for the right -of -way acquisitions were prepared by Mr. Ronald Q.
Cardwell, P.E. Project Manager at Perteet Engineering Inc. He can be reached at 253- 984 -7138 if
you need to coordinate with him.
5. Please show the underlying easement for the east driveway from South 152 to the north lot.
According to the city's Fire Department this driveway provides access for the Fire Department
with the fire hydrant on South 152 Street. Also, show any other cross - parcel utility easements
(water, sewer, power etc.) that are existing or are proposed for the KFC /Taco Bell project.
6. Please submit surveyors tape for lot line closures.
7. The existing building on the north lot is in the process of being demolished. If it is anticipated
that the building will be demolished prior to recording of this BLA, do not show the footprint of
the building.
If you have any questions, you can reach me at 206 - 431 -3685.
Minnie Dhaliwal
Senior Planner
Steven M. Mullet, Mayor
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 -431 -3670 • Fax: 206- 431 -3665
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July 9, 2003
R. William Glassey, P.L.S.
Barghausen
18215 -72 Ave South
Kent WA 98032
Sincerely,
Minnie Dhaliwal
Senior Planner
City of Tukwila
Department of Community Development Steve Lancaster, Director
NOTICE OF COMPLETE APPLICATION
Re: Boundary Line Adjustment application for KFC /Taco Bell at 15036 Tukwila
International Boulevard, Tukwila WA. File Number L03 -038.
Dear Mr. Glassey:
The Department of Community Development received your Boundary Line Adjustment
application on June 23, 2003, for the above referenced property.
Based on a review of your submittal relative to those requirements as set out in the Complete
Application Checklist for Boundary Line Adjustment, your application is deemed complete. It has
been routed to different departments for their review.
At this time we have started code related review of your application. This determination of complete
application does not preclude the City to require that you submit additional plans or information, if
such information is necessary to further review the application and ensure that the project meets the
substantive requirements of Tukwila Municipal Code.
If you have any questions, you can reach me at 206 - 431 -3685.
Steven M. Mullet, Mayor
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665
r OLYMPIC
• , ASSOCIATES
kiwk COMPANY
O L Y M r 1 C 701 Dexter Ave. N., #301
ASSOCIATES Seattle, WA 98109
COMPANY
DATE:
JOB NO:
TO:
FROM:
RE:
March 19, 2003
2002326
L03 -001
E03 -008
Minnie Dhaliwal
City of Tukwila
6300 Southcenter Blvd, Suite 100
Tukwila, WA 98188 -2544
Jean Morgan
Title Report
Minnie,
Here is a copy of the Title Report. I will be getting a copy of the Soils Report to you as soon as we receive it —
hopefully late this week or first thing next week. Let me know if you need anything else. I am also checking to
into the Lot Line Adjustment and where we are with that.
For Your Information:
For Your Use:
For Your Approval:
For Your Signature and Return:
Original in Mail:
❑ Via Mail:
❑ Hand Delivered:
❑ Other Courier:
YES
NO
Copy to: ; OL
By.
'J;R 2 1 2003
C O {rlil'tU 'CUTS`
DEVELOPMENT
® Via Fax:
❑ FedEx:
0
❑ Fax #:
❑ Total Pages, including this page:
p I« - .. vt>T• fir,'... ,:it 2 zn :e'")
\ \pyramus \pub\harman mgmt (kfc tukwila new store) 2002326 ae \correspondence\minnie dhaliwal trans 03.I9.03.doc
TRANSMITTAL
Seattle Phone: (206) 285 -4300
Fax: (206) 285-4371
E -Mail: jmorgan @olympicassociates.com
C ASSOCIATES COMPANY
0
Jean � organ
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20020416003152
After recording return document to:
City of Tukwila
6300 Southcenter Blvd., Suite 100
Tukwila, WA 98188
Document Title: Warranty Deed
Grantors: FRANK DESIMONE SR. AND 1
Grantee: CITY OF TUKWILA
Legal Description: Lots 27 -29, Blk 4, First Addition to Adams Home Tracts, Vol. 12,
pg. 50
Additional Legal Descriptions are on Exhibit A and B of Document
Assessor's Tax Parcel Number: 004100- 0680 -08
Segregation of taxes required by RCW 84.60.070.
WARRANTY DEED
CONFORMED COPY
20020416003152
BUTTERFIELD, K WD 14.00
PAGE 001 OF 006
04/16/2002 16:14
KING COUNTY LAC
CONFORMED COPY
E1879852
04/16/2002 16:14
KING COUNTY, WA
SALE $0.00
See Exhibits A and B attached hereto and made a part hereof.
PAGE 001
OF
The Grantors, FRANK DESIMONE, SR. AND LISA DESIMONE, husband
and wife, for and in consideration of the sum of TEN AND NO /100 ($10.00) DOLLARS,
and other valuable consideration, hereby conveys and warrants to the CITY OF
TUKWILA, a Washington municipal corporation, the following described real estate,
situated in King County, in the State of Washington, to the same extent and purpose as if
the rights herein granted had been acquired under Eminent Domain statutes of the State of
Washington:
Also, the Grantor requests the Assessor and Treasurer of said County to set over
to the remainder of the hereinafter described, the lien of all unpaid taxes, if any, affecting
the real estate herein conveyed, as provided for by RCW 84.60.070.
F. A. No. STPUL 99
Page 1 of 3 pages Parcel No. 14
002
4=3.
CNA
WARRANTY DEED
,
" .
e It is understood and agreed that delivery of this deed is hereby tendered and that
the terms and ob)igationil*of shall not become binding upon the City of Tukwila unless
and until 4c4ted, 'anC1 approved hereon in writing by the City of Tukwila, and indicated
by the signature f the City Mayor, below,,
Date:
CIibPDF - www.fastio.com
• • •
GRANTORS /e
1 1
'"••••' , •••
z 9
Lisa Desimone
Date: ///.6
e "
• • F A N STPUL 99
Page 2 43 p / . Parcel No 14
•
tat 1■44;,.
CITY OF TUKWILA
vacmarommtemssamMt.EMIMMEMESSMEEMEMI„.
/WARRANTY DEED
ClibPDF - www.fastio.com
• .., .• • •••,••••
STATE. b - F,.
On this c day of --M Vt_>Mk , 2001, before me personally
appeared raL 2es and
L-Is6 J/IA-4714--e—/ , to me known to be the individuals
described in and who executed the foregoing instrument, and acknowledged that they
signed the sarre as their free and voluntary act and deed, for the uses and purposes therein
mentioned
GIVEN tinciernyshafid,and official seal the day and year last above written
,r •
Notary (pfinkiiine) Mr/ -nvii
Notary Publid"vvind for the State of ashington,
residing at 1/1/(44"49
My Appointment expires- /0 -
F A No STPUL 99
Page 3 of 3 pages ./ Parcel N.0 14
'
• •
• ''''''' •
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,PARCEL 14
:'ACQUISITION LEGAL DESCRIPTION
ALL THAT' PORTION THE FOLLOWING DESCRIBED PARCEL "A"
DESCRIB AS : FOLLOWS: i
BEGINNING AT' THE"SOUTHWEST CORNER OF SAID PARCEL "A ";
THENCE SOUTH ; ,88 ° 1051'; =" BAST 18.28 FEET ALONG THE
NORTHERLY MARGIN.,OF 'SOUTH""' 152 STREET
THENCE NORTH 67°38'52" WES`- 17,37 FEET TO THE EASTERLY
RIGHT -OF -WAY MARGIN TUKWILA INTERNATIONAL BOULEVARD
'( P.ACIFIC HIGHWAY SOUTH)....;......
THENCE`: SOUTH 20 ° 07'07" WEST6:.42 FEET ALONG SAID MARGIN
TO ; THE POINT OF BEGINNING.
ALL WITHIN' SE 23 NORTH, RANGE 4 EAST,
W.M., KING COUNTY; ± WASHINGTON
PARCEL !.I•A ++ :.,.
THOSE PORTIONS OF LOTS x.2.7 THROUGH 2 INCLUSIVE,
.
BLOCK 4, FIRST ADDITION TO :..,ADANP' S'` HOME'' TRACTS,
RECORDED IN VOLUME 12 OF PLATS;'; J PAGE' 5'0 ,-/IN KING
COUNTY, WASHINGTON, LYING SOUTHERLY OF ; ;THE
FOLLOWING DESCRIBED LINE:
COMMENCING 162.36 FEET SOUTH OF THE NORTHEAST
CORNER OF LOT 27; THENCE NORTH 82 °09'25" WEST,
271.80 FEET TO THE EASTERLY MARGIN OF STATE
HIGHWAY NO. 1 (PACIFIC HIGHWAY SOUTH)
EXCEPT THE SOUTH 100 FEET OF THE EAST 60 FEET OF
LOT 27.
SAID ACQUISITION CONTAINING APPROXIMATELY 56 SQUARE FEET,
AS DETERMINED IN; ACCORDAINTCE WITH THE 2001 TUKWILA
INTERNATIONAL BOULEVARD', -OF -WAY PLANS BY PERTEET
ENGINEERING, INC,. ...•
EXHIBIT A
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?ARCEL 14
'ACQUISITION LEGAL DESCRIPTION
tt, L`` TFT' PiQtTTON OF THE FOLLOWING DESCRIBED PARCEL
DESCRIBED AS ; FOLL 'r
COMMENCING iAT `' TJ4E,`r`� SOT.I
THWEST . OF SAID PARCEL "A";
H`�
THENCE SOUT:.88 ° 1 ' 0' 51"P "'EAST°A"8.28 FEET ALONG THE NORTHERLY
MARGIN OF SOUTH'" 1`52 STREET` TO"' °THE POINT OF BEGINNING;
THENCE
SAID NORTHERLY MARGIN;
p
THENCE AT RIGHT ANGLES-NORTH 0'1 EAST 4.59 FEET;
THENCE`` NORTH 87°38'55" WEST.,,9. 29 FEET TO THE BEGINNING OF
« ATANGENT- ••CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS
OF " .;QO FEET;,.
THENCE NORTHWESTERLY 38.67 FEET ALONG SAID CURVE THROUGH
A CENTRAL :ANGLE , ,73,°5 TO A POINT ON THE EASTERLY
RIGHT -O -WAY MARGIN6F TUKWILLA INTERNATIONAL BOULEVARD
(PACIFIC HIGHWAY SOUTI) ;, ;=
THENCE SOUTH 20 ° 07' ' 07" : ` WEST•'"21'57 FEET ALONG SAID MARGIN
TO A POINT FROM WHICH THE ''POIN1 - OF =, LIES
SOUTH 20 WEST 6.42 `<FEET ",::'
THENCE SOUTH 67 ° 38' 52" EAST '`17 3,7 FEET TO ?THE POINT OF
BEGINNING.
PARCEL "A"
EXHIBIT B
uAo
r
ALL WITHIN SECTION 22, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M.,
KING COUNTY, WASHINGTON
THOSE PORTIONS OF LOTS 27 THROUGH 29, INCLUSIVE,
BLOCK 4, FIRST ADDITION TO ADAM'S HOME TRACTS,
RECORDED IN VOLUME 12 OF PLATS, PAGE 50, IN KING
COUNTY, WASHINGTON, LYING SOUTHERLY OF THE FOLLOWING
DESCRIBED LINE : :_ :.
COMMENCING 161.3,6 FEET SOUTH OF THE NORTHEAST CORNER
OF LOT 27; THENCE��'NORTH 82°09'25" WEST, 271.80 FEET
TO THE EASTERLY,. MARGIN OF STATE HIGHWAY NO 1
(PACIFIC HI6HWA:k'r ° SOUTH/ ' ...,......: 1 ....... ,
EXCEPT THE SOUTH-r00 FEET OF T;f#E 60 FEET OF LOT
27.
,� :..
SAID ACQUISITION CONTAINING APPROXIMATELY'` 3'8 9 ISQU : FEET, AS
DETERMINED IN ACCORDANCE WITH THE 20014UKWILA "INTERNATIONAL
BOULEVARD RIGHT -OF -WAY PLANSBY PERTEET ENGINEERING, INC' a '"
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PA RCEL 14 :'
ACQUISITION, LEGAL DESCRIPTION
PARCEL "A"
EXHIBIT B
ALL THAT PORTION OF THE FOLLOWING DESCRIBED PARCEL
DESCRIBED AS ;: FOLLOWS:
"A"
BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL "A ";
THENCE SOUTH 20007'07 WEST 47.63 FEET ALONG THE
°EASTERLY MARGIN OF:,.TUKWILLAINTERNATIONAL BOULEVARD
('PACIFIC HIGHWAY SOUTH)`
THENCE NORTH 22 ° 14'24" EAST 17.53 FEET;
THENCE SOUTH 67 EAST 5.49 FEET;
THENCE NORTH 22 ° 49'19" EAST 13.67 FEET;
THENCE `NORTH; 67 WEST 5.63 FEET;
THENCE NORTH 22 EAST 17.05 TO THE NORTH LINE OF
SAID PARCEL "A " ;'
THENCE NORTH 88 WEST 1.88 FEET ALONG SAID NORTH
LINE TO THE POINT OF BEGINNING
ALL WITHIN SECTION 22, TOWNSHIP 23 NORTH, RANGE 4 EAST,
W.M., KING COUNTY, WASHINGTON
THOSE PORTIONS OF LOTS 27 THROUGH 29, INCLUSIVE,
BLOCK 4, FIRST ADDITION TO ADAM'S HOME TRACTS,
RECORDED IN VOLUME 12 OF PLATS, PAGE 50, IN KING
COUNTY, WASHINGTON, LYING SOUTHERLY OF THE
FOLLOWING DESCRIBED LINE:
COMMENCING 162.36 FEET SOUTH OF THE NORTHEAST
CORNER OF LOT 27; THENCE NORTH 82 °09'25" WEST,
271.80 FEET TO THE EASTERLY MARGIN OF STATE
- HIGHWAY NO. 1 (PACIFIC HIGHWAY SOUTH)
EXCEPT THE SOUTH 100 FEET OF THE EAST 60 FEET OF
LOT 27.
SAID ACQUISITION CONTAINING APPROXIMATELY 119 SQUARE FEET, AS
DETERMINED IN ACCORDANCE WITH THE 2001 TUKWILA
INTERNATIONAL BOULEVARD RIGHT —OF —WAY PLANS BY PERTEET
ENGINEERING, INC.
V. VW. V V
PUBLISH: Valley Daily News
DATE: March 31, 1989
SENT: March 29, 1909
T0: FAX NUMBER - 854 -1006
FROM: CITY OF TUKWILA
6200 Southcenter Blvd.
Tukwila, WA 98188
BY: Maxine Anderson, City Clerk
433 -1800
SUMMARY OF ORDINANCE NO. 1510
L111 llAll149
AN ORDINANCE OF THE CITY CF T:JKWILA, WASHINGTON,
ANNEXINC CERTAIN REAL PROPERTY COMMONLY KNOWN AS THE
THOR1'DYKE ANNEXATION AREA, ADOPTING ZONING AND LAND
USE REGULATIONS FOR Tli ANNEXED AREA, PROVIDING THAT
SAiO ANNEXED AREA SHALL NU BE REQUIRED TO ASSUME ANY
SHARE: OF TFIE CITY'S EX:STIVG INDEBTEDNESS, AND
ESTABLISHING AN EFFECTIVE :)ATE.
On March 27. 1989 , thr. City Council of the City of Tukwila,
passed Ordinance o. 5 w ic provides as follows: Annexes :o the City
of Tukwila tnc area deiTql76 therein known as the Thorndyke Annexation area,
effective April 15, 1989, provides zoning and and use regulations for such
area, provides that said area shall rot i.e subject to prior City indebtedness,
and establishes an effective date.
The
anyone Who submits t a x written� request a to P the l City Clerk dofitheuCityaofeTukwila
for a copy of the text.
AOproved by the City Council at its meeting of March 27. 1989.
—_J
%kJ UUb/ 006
8102170480
lisa desimone
real estate mortgage
THE MORTGAGOR..
lawful money of the United States, together with interest the.reou at the rate of 142 Z '
per cent. per annum from dc!e until paid, according to the toms and conditions of '< •.
certai .= I
.... b FRANK DESIMONe certain promissory ;.....e - Z
date
payable on the day of 1Y
to the order of _ r•MN.Ii lar...S;..%1UNE.... Z.i. daci_LI.S.S_ nr hust..a.ad_.aLle..-wif-Q., '..-i (-)
the following described real estate 0
'CO On
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LU I:
'....1 1.
SEE ATTACHED EXHIBIT "A"
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2 .
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FILED or Record . i A iequest_of
N am-0 0 i i . •••N-e . r. . : ... l ' ' 1 1 /
t , C.•-" A..— , is
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- 4.....a.s.s...u...,. /
n'slrf- %,:, s ,.•I
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situatpd In the County of. F. ina / ,.State of Washirtgton.
Dated this _da of. 3 €' r 19 9 ,
:•r.42•E Ut WASIlING TON,
KING
R...I •.191:.739. • SLeo•tr.11. F tam
HEAL ESTATE MORTCAGE
S l'Al •1.0114
11
• s r
Frank Desimone,
t7,N1.):YLIK!Al, ACKNOWLEDGMENT
P7,„; •
is f0 cetf:::: that or: . dri, .:1 gRP
••:.• a Srgort Pt.tatc In and •o• Stu:- ,•: It'a•tv n.. r! and • ;nrsvna::u
F-' !K DES.L.Tai•IE
. . . ...... . . . •• • • ..
••:- :;:t: tiOn'T1111•.: rna:-T.'nen!. and .:. ••••• .
•:'..:• •. ••• Sc :):•• m cs Mes• f••••• c..• de • - r a•:d p:.rp.,••■ •.*in •
it •'• • • I: • • .• :.•: 'ft.:it:It • • .:'• ",.
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•
ATTACHED EXHIBIT "A"
1. Real property located at 20210 - Des Moines Way South, Scattle,
king County, Washington, hereinaftL' legally described:
That portion of the Southeast 1/4 of the Southe
Southeast 1/4 of Section 17, 't'ownship 23 North, a 1/4 of the
East W.M., described as follows, '', Range 4,
Beginning at the intersection of the
Des rlo_nes Way w; r Easterly line of
CD
1: a l inc which is parallel with and 452
O feet North of the South line of said subdivision; thence
Northerly along said East er.ly line 47.25 feet; thence East
CD parallel with the South lino of soi,3 subdivision 120
._ feet; thence southerly parallel wi th said Easterly line of
(V Des Moines Way 1.25 feet; 1h,::ice Hest 120 feet to begin-
_ ninc3;
• 0
Situate in the county of hing, state of washinyten.
2. Real property located in King County, Washincton, hereinafter
legally described:
Portions of Lots 5, '• , 2 ", 2; and 29 of Block 4, First
Addition, Adams fl •- 'Pr ic s, r:er Plat recorded In Volume 12
of Plat:, r :Qe :.U, r000: ds of King County, Washington,
described as tollews:
Beginning on the cagt.erl' . of State Highway No. 1
(Pacific Highway :.o; :t.h) , 21.75 foot northeasterly from its
intersection with t.ht• smith lino of said Lot 5; thence south
82 degrees 0')' _'5" east, 1 7. „i: l ect.. to the southeast corner
of said Lot 6; tllon,7:' south 1 :1 ^'iroe 05'28" west, along the
easterly 1 in•' of sai.t I.rt. 27, 162.3( feet; thence north 82
c:egrees 09'25" west,. 271 ..8) feet to said easterly margin;
thence north 20 c?i•r;rc'i'ti 06'32" cast, along said easterly
margin, 165.00 ''eet t;, the ro'nt o'' beginning.
Together with an ':.stirr.o! :t for acc• :•ss and utilities across the
west 30 feet c•° the ..l:;: 0 feet of that portion of said
lot 27
ATTACHED EXHIBIT " : \"
:{
8308300870
Bruce E. Durochor, Attorney .tt Law
y our ;rss 10704 Pacific Highway So. :quite A
AND STA'F Seattl', WA 98188
—? 11,
violet my hand and official seal this
rr ?F(;nr ; .t-
Ix 30 12 PP13
Mortgage r • .%
(STATUTORY rORt.
THE MORTGAGORS, FRANK DFSfl'tN'E, SR., and LISA DESIPONE, husband and wife; FRiN:
tESI;t1CNE, JR., a single man; and LOUIS DESLMDNIi andoSdbbffstetia9ebeabandeendcariterx
mortgage to PASQU1U..E VERDI, a rimgle non,
to • cure payment of the sum of One Hundred Fifty Thousand and no /100
- - -- Dollars (:150,000.00 1 according to the
terms of a promissory note bearing date, August , 1983, the following described real estate.
situated in the County of King State of Washington:
Those portions of Lots 5, 6, 27, 28 and 29 of Block 4, First Addition to
Adam's Horne Tracts, according to the plat recorded in Volume 12 of Plats,
page 50, in King County, Washington, described as follows:
Beginning on the Ely margin of State Highway No. 1 (Pacific Highway South)
23.75' NEly from its intersection with the S line of said Lot 5; thence S
82 °09'25" E, 217.66' to the SE corner of said Lot 6; thence S 1 °05'28" W.
along the Ely line of said Lot 27, 162.36'; thence N 82 °09'25" 6:, 271.80'
to said Ely margin; thence N 20 °06'38" E, along saic, Ely margin, 165.00'
to the true point of beginning.
This mortgage is contemporaneous with and equal in right to a like nortgaae of even
date of said property to Angelina Verdi and may be enforced separately or in conjunction
with said contemporaneous mortgage.
And the mortgagor promise and agr.e to pay before delinquency all taxes. special assessments and other public
char.. s levied, assessed or charged against said described premises, and to keep ali improvements on said described
premises insured against loss or damage by fire in the sum of One Hundred Fifty Thousand and no/300
Dollars, ($150,000.00 ), for the benefit of the mortgagee and to
deliver all policies and renewals to the mortgagee
In case the mortgagor shall fail to pay any installment of principal or interest secured hereby when due or
to keep or perform any covenant or agreement aforesaid. then the whole indebtedness hereby secured shall forthwith
become due and payable, at the election of the mortgagee AtidU_St 1983,
}'pitted this ,
/! / .� ) '--- clay of
Frank Desittnne, .r - Thuis De'simone ....
,,�..r.f ..--€.---• f 1 1.f ‘• - J. L.r^,, I V
Lisa Desimone _
S 1'. \TE 01: WASHINGTON, i ■ • - s����:�_; x c
J sa L c , .
County of /) % ---A- Fra k Deslmnne, Jr.
/ f z 7)
the .t. �
:. � day of t . ,� �.;� J �'' G m r ,
before c, for undr•�rtt,
a Notary Public in and for the State of WashingtonkA commi&sioned aritl •w orn. personally appxarrd
THIS MEMORANDUM OF LEASE is made and entered into this 1 7 day of December,
1996, by and between Frank Desimone, Sr., Frank Desimone, Jr., and Louis Desimone (the
"Lessors") and Big Foot Restaurants, Inc., a Washington corporation (the "Lessee").
1. This is a memorandum of a lease entered into on March 21, 1978 by and
between Lessors and Lessee (hereinafter referred to as the "Lease "), pursuant to which, and
subject to the terms of which, the Lessee has the right to occupy the real property legally
described in Exhibit A attached hereto and incorporated by this reference.
2. The term of the Lease ends on November 20, 1998. There are two (2) five year
options to renew.
3. The Lease provides that the Lessee shall pay all costs of maintenance and
repair, taxes, assessments and charges of any nature with respect to the premises subject to the
Lease.
4. Assignments of the lease, under certain circumstances, require the consent of
the Lessors.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year
first above written.
LESSORS
r ._,‘
F a rk I simone, Sr.
Frank Desimone, ter.
s Desimone
16
MEMORANDUM OF LEASE 1
•
•
•
•
•
•
:1
•
•
I
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ig
LESSEE
BIG FOOT RES ,URANTS, INC.
By
STATE OF WASHINGTON)
) ss.
COUNTY OF KING
I certify that I know or have satisfactory evidence that Frank Desimone, Sr., Frank
Desimone, Jr., and Louis Desimone are the persons who appeared before me, and said persons
acknowledged that they signed this instrument and acknowledged it to be their free and
voluntary acts for the uses and purposes mentioned in the instrument.
DATED: f r), 9 4 G
MEMORANDUM OF LEASE 2
NOTARY PUBLIC in a for
of Washington, Residing at
1411 / 5 4. /Yelte,4bE"
(Printed or Stamped Name of Notary)
My appointment expires i/i57/9
I
STATE OF WASHINGTON )
COUNTY OF KING )
I certify that I know or have satisfactory evidence that John R.. Hoehl, Jr. is the person
who appeared before me, and said person acknowledged that he signed this instrument, on
oath stated that he was authorized to execute the instrument and acknowledged it as the
President of Big Foot Restaurants, Inc. to be the free and voluntary act of such party for the
uses and purposes mentioned in the instrument.
DATED:
■
SS.
MEMORANDUM OF LEASE 3
,2
NOTARY PUBLIC in and for
of Washington, Residing at
Terence P. Luker
(Printed or Stamped Name of Notary)
My appointment expires /PP P h / f 9
i
I
1
J
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I
1
:a .
EXHIBIT A
Pcrtiosts of Lots 5, 6, 27, 28 and 29 of Block 4, First
Addition, Adams Hams Tracts, per Plat recorded in voltme. 12
of Plats, page 50, records of Icing County, Washington,
described as follows:
Beginning on the easterly margin of State Righommy No. 1
(Pacific tacesz ry Satt ) ,• 23.75 feet northeasterly from its
intersection with the south line of said Lot 5; thence south
82 degrees 09'25" east, 217.66 feet to the southeast corner
of said lot 6; thence south 1 degree 05'28" west, alc ng the
easter1y of said.Lot.27, 162.36 feet/ thence north 82
degrees 09'25" west, 271.80 feet to said easterly margins
thnr:oo north 20 degrees 06'38" east, alvog said easterly
max9in , 165.00 feet to the point of beginning. ,
Together with an easement for access and utilities across the
nest 30 feet of the.east 90 few of that portion of said tot 27
lying south of the above described parcel. Les>g reserve
the right to relocate said easement at their expense, to. a
lccaticndetermined by matual rsgznamrrnt bctwoen lessors and
1tssoo. This legal description also subject to future revisit
to comply with King County short Platting ardinarx:e.if necessary.
Area 39,458 square feet.
9701140109
Debtor(s): (last name first, arrd mailing addre,s(es))
BIG FOOT RESTAURANTS, INC.
a Washington corporation
Tukwila, Washington
:'I
(a)
(c)
(d)
UCC 2
COUNTY AUDITOR
Fixture Filing
WHEN RECORDED RETURN TO:
Name Ms. Charan J. Chanana
Franchise Mortgage Acceptance Company
Address 5 Greenwich Office Park, Bldg. 5, 4th Flr. .
City. Stale, Zip
Greenwich, CT 06831
[] . aLeedy subject to security interest In another jurisdiction when It was brought into
this state, oq when the debtor's location was changed to this slate. or
(b) ❑ which is proceeds of the original collateral described above in which a security
interest wasperfected, or
❑ as to which the rooming has lapsed, or
❑ acquired after a change of name, idsrty, or corporate structure of the debtor(s).
Dated . 19
See Rider A attached hereto and made a part
hereof
TYPE NAMES) OF DEBTOR(S) (orassignor(s))
• SIGNATURES) Of DEBTOR(S) (or assignor(s))
Form No. UCC•2 Sl91
THIS SPACE PROVIDED FOR RECORDER'S USE:
Office where recorded
Former name of debtor(s)
:o
CD
b
THIS FIXTURE FILING SHALL COVER COLLATERAL THAT IS AFFIXED TO THE FOLLOWING DESCRIBED PROPERTY.
1375'
I.0
2. Secured Party(les) and address(es):
FRANCHISE MORTGAGE ACCEPTANCE
COMPANY LLC
a California limited liability
company
5 Greenwich Office Park
Bldg. 5, 4th Floor
Greenwich, CT 06831
3. Assignee(s) of Secured Party(ies) and address(es):
/67 v/
THIS'FINANCING STATEMENT IS FILED AS A FIXTURE FILING AND IS TO BE RECORDED IN THE 4
OFFICIAL RECORDS IN THE COUNTY AUDITOR'S OFFICE OF KING COUNTY. This financing
statement, however, does not constitute an admission that the goods are or are to
.become fixtures. The filing hereof is intended merely to protect the parties hereto
from unwarranted assertions by third parties that the goods are other than
personal property.
This financing statement covers those items of collateral described on Rider A
attached hereto and made a part hereof. The collateral is located on the real
property described on Exhibit A also attached hereto and made a part hereof.
6. Complete fully if box (d) is checked:
complete as applicable for (a). (b). and (c):
Original recording number
USE IF APPLICABLE:
See Rider A attached hereto and made a part
hereof
TYPE NAME(S) OF SECURED PARTY(IES) (or assignee(s))
SIGNATURE(S) OF SECURED PARTY(IES) (or assignee(
g..�.
•
•
•
DEBTOR
RIDER A TO FINANCING STATEMENT ON FORM VCC -2
Big Foot Restaurants, Inc., a Washington corporation
651 Strander Boulevard B208
Tukwila, Washington 98188
d /b /a Burger King Store No. 2375
SECURED PARTY.
COLLATERAL
All goods (including inventory and equipment), general
intangibles (other than the Debtor's Franchise Agreement with
Burger King Corporation, a Florida corporation ( "Burger King ")
and•license thereunder), accounts, certificates of title,
fixtures, money, instruments, securities, documents, chattel
paper, deposits, credits, claims, demands and other personal
property, now or hereafter owned, acquired, held, used,. sold or
consumed in connection with the Debtor's business of operating
Burger King Restaurant Number 2375, and any other property,
rights and interests of Debtor which at any time relate to, arise
out of or in connection with the foregoing or which shall come
into the possession or custody or under the control of the
Secured Party or any of its agents, representatives, associates
or correspondents, for any purpose; all additions thereto,
substitutions therefor and replacements thereof, all interest,
income, dividends, distributions and earnings thereon or other
monies or revenues derived therefrom, including any such property
received in connection with any disposition of the Franchise
Agreement and all moneys which may become payable under any
policy insuring the Collateral or otherwise required to be
maintained under the Security Agreement (including return of
unearned premium); and all products and proceeds of the
foregoing.
PROPERTY
Location: 15036 Pacific Highway South
Seattle, Washington 98188
Record Owners: Pasquale Verdi
2804 South 152nd Street •
Seattle, Washington 98188
Frank Desimone, Jr.
20210 Des Moines Way
Seattle, Washington 98188
: #
•
•
•
•
Dated:
DEBTOR:
Legal Description: See Exhibit A attached hereto and made a part
hereof.
BIG FOOT RESTAURANTS, INC.,
a Washington corporation
By:
Na
Ti
SECURED PARTY:
le :
FRANCHISE MORTGAGE ACCEPTANCE COMPANY LLC,.
a California limited liability company
Name: Andrea Markman
Title: Senior Loan Closer
RIDER A TO FINANCING STATEMENT CONTINUED
Louis Desimone
6421 S. 151st Street
Seattle, Washington 98188
199
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The land referred to in this commitment is located in the County
of King, State of Washington, and described as follows:
Those portions of Lots 5, 6, 27, 28 and 2 of Block 4, First
Addition to Adam's Home Tracts, according to the plat recorded in
volume 12 of Plats, page 50, records of King County, Washington,
described as follows:
Beginning on the easterly margin of State Highway No. 1 (Pacific
Highway South), 23.75 feet northeasterly from its intersection
with the south line of said Lot 5; thence south 82 degrees 09'25"
east, 217.66 feet to the southeast corner of said Lot 6; thence
south 1 degree 05'28" west, along the easterly line of said Lot
27, 162.36 feet thence north 82 degrees 09'25" west, 271.80 feet
to said easterly margin; thence north 20 degrees 06'38" east,
along said easterly margin, 165.00 feet to the point of
beginning.
Together with an easement for access and utilities across the
west 30 feet of the east 90 feet of that portion of said lot 27.
17)
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4
C,
EXHIBIT A
(Legal Description)
•
9708210700
Rouen Addnar:
Mare Moan sir
601238
L Dabmr(rk Net name Ent. sad nesting addrre(r))
BIG FOOT RESTAURANTS. INC.
DBA: BURGER KING STORE NO. 2375
651 STRANDER BOULEVARD B208
TUKWILA, WA 98188
i Aadjae.(a) of Secured Psotyllee) and addronlmh
FIRST BANK NATIONAL ASSOCIATION
180 EAST FIFTH STREET
5T. PAUL ,l4f 55101
•
•
'« 441& oar liba..o,...aa.raIAMAYO:c2Marcrnwatme-r_... •....v......._ •.
UCC 5 CHANGE FORM (Cotatt,r Audltarr)
or ilQ a dap rim Pansy Mid t Yf. Ye. 14.44411. WA km lie UCC a tier
LAO 11.4 WY ID? M anrfmll® I MIMI Q al MT Of AM 1001 FMATI tI&
RECEIVED THIS (MY
Aa 21 IO of AM 'Si
BY 7:;.* : ;.i'N OF
RECOF... 2• • ' t:CTIoN5
KIN.; (,urt'rY
Nader Nen,.er le.•a•eW al.w.dary„ M flan sass eJ anI woo vets
R.fa,m 1(I1 apPUaab).)•
Dabtq(a) Wei): (I)
Land Party(lr) (Aaalprse): (1) (I)
Addl. on in Lend D..ctptloo (abha.rlwd):
Add1'. legal Limn Ar.araa a Property Tan Portal /Amount •
trim FM ind ewer Lot
(I) Addl'. on Pg
2S.cvnd Party(tee) and addnu(r):
MAC LOAN RECEIVABLES TRUST 1997 -
C/0 WILMINGTON TRUST COMPANY
RODNEY SQUARE NORTH
1100 R. MARKET STREET
WILMINGTON, DE 19890
4. elmesseettelere to origins) UCC2number 970114 - 0104 Datd t /10 /D7
a 0 Number of additional sheen attached: 1
a ❑ CONTINUATION. The orlt3ns1 UGC between the tangelo' Debtor(s) and Secured Puty(lee) bearing auditors
reoslving number shown are U still effective
CE FULL ABBIGNtr. P. All of the Secured Party. right, wader the UM: beano' &editors rennin' number
.born above have been ustpled to the Aaatgnaa(s) whose NAMES) AND ADDRESSES) APPEAR ABOVE.
❑ PARTIAL AISICNI ZENT. The Secured Pulp. eights under theUC E. 3bea ringauditors rentalrgnumbershown
abore to the property DEBQIIBBD BELOW have been .salgnd to the Autanee(e) when NAME(S) AND
ADDRESE(BS) APPEAR ABOVE.
U AMffidDf4ENl. UCGI bearing auditors receiving namber shown above Is ammo AS SET FORTH BELOW.
❑ PARTIAL RELEASE. Seaweed Partpitr) relearns the collateral DESCRIBED BELOW from the UC .2 bearing
auditors nuking camber shown above.
O TERMINATION. Bowed Puty(t..) no loner claims a security Internet under the UCG2 bearing auditors
nalrin number &born above.
R
a
All rigbt*..of the secured party under the financing etatefant beating
the amber noted above relating to the property described in Rider A
attached to the financing statement (including, without limitation,
'111 gdad'1;'fittUtNi,'Zederel intangibles, accounts, and chattel paper.
nov or hereafter owned or existing) have been assigned to:
FIRST RAN[ NATIONAL ASSOCIATION
180 EAST PIFTR STRELT
ST. :PAUL, MN • 55101
( POOL 1997 -A )
Return Address: Intercounty Clearance Corporation
105 Chambers Street NY, NT 10007
Yrrs /MOM ososNaeI 4,r,y —V
ncN TUMwY OOMWr,yrOS
r..+« y,...w. i
PMAC LOAN RECEIVABLES TRUST 1997 -A
BY IIIMNCTON TRUST COMPANY. AS TRUSTEE
(If ! To
eesaatus OP
atin 63,
tia'n, vP
NOTICE: IF THE DOCUMENT IN THIS FRAME IS LESS CLEAR THAN
THIS NOTICE IT IS DUE TO THE QUALITY OF THE DOCUMENT.
Document Title(s) (or transactions contained therein) (all areas applicable to your document must be filled in)
20011030000036
Reference Number(s) of Documents assigned or released:
first bank
Additional reference #'s on page of document
Granpx(s) (Last name, first name, initials)
1 ,PAST /vie /V <t ,
2 ,
Additional names on page of document
Grantee(s) (Last name first, then first name and initials)
1.
.,
2
Additional names on page of document
Legal description (abbreviated. ► e lot, block, plat or section, township, range)
Additional legal is on page of document
Assessor's Property Tax Parcel/Account Number ❑ Assessor Tax # not yet assigned
The Auditor/Recorder will rely on the information provided on the forn The staff will not read the document to
verify the accuracy or completeness of the indexing information provided herein
vra
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Return Address: /+
44."7 e- O C
oIY7r e.e e-o NC's Cow
-19'0 NiN rx+ Avg'
4/7-,'91/ Y:; :, A,y /.dd.7
11111111/11111
20011030000036
INTERCOUNTY UCCC 9.00
PAGE 001 OF 002
10/30/2001 09,42
KING COUNTY, WA
f
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Please pnnt or type information WASHINGTON STATE RECORDER'S Cove
1 am requesting an emergency nonstandard recording for an additional fee as provided in RCW
36 18 010 I understand that the recording processing requirements may cover tip or otherwise
obscure some part of the text of the onginal document.
Signature of Requesting Party
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UCC FINANCING STATEMENT AMENDMENT
FOLLOW INSTRUCTIONS (Iron end beck) CAREFULLY
A NAME & PHONE OF CONTACT AT FILER (optional)
B SEND ACKNOWLEDGMENT TO (Name and Address)
F
Intercounty Clearance Corp.
440 Ninth Avenue
New York, NY 10001.
L.__ D692450211904 WA, KING
_J
THE ABOVE SPA
E IS FOR FILING OFFICE USE ONLY
la INITIAL FINANCING STATEMENT FILE 8 tb This FINANCiNG STATEMENT AMENDMENT is
970114 - 0109 01/10/1997 Iii to be tiled (for record( for recoidedl in the
R E TATERECOR'
2 ❑ TERMINATION Effectiveness of Me Financing Statement identified above is terminated with respect to the security rnteresttsl of the Secured Party autfxxuing the Termination Statement
3 nri CONTINUATION Effectiveness of the Financing Statement identrhed above with respect to security rrnerestls► of the Seared Party authonzrng the Continuation Statement a
L`_J eonbnued for the additional period provided by applicable law
4 ❑ ASSIGNMENT (lull or pared) Give name of assignee in Item 7a or 70 and address of assignee in item 7c. and also give name of assignor in item 9
5 AMENDMENT (PARTY INFORMATION) TNs amendment affects ❑Debtor or 0 Secured Party of record Check only one of these two boxes
Also cheat one of tlx: following three boxes and provide eoprolxrate information in 'terns a and /or 7
❑ CHANGE neme and /or address Give current record name in item 6a or eb, also give new DELETE name Give record name ADD name Compete item 7e or 7b end also
name bf name chancel in item 7a or lb andror new address id address change/ in item 7c ❑ to be deleted n item 6a or 6b ❑ nem 7c also cote _plate items 7d 7g fit appficabhl
8 CURRENT RECORD INFORMATION
6a ORGANIZATION'S NAME
6b INDIVIDUAL'S LAST NAME
FIRST NAME
MIDDLE NAME
OR
7 CHANGED (NEW) OR ADDED INFORMATION
OR
7c
7d TAX SO it SSN OR EIN
SUFFIX
7e ORGANIZATION'S NAME
7b INDIVIDUAL'S LAST NAME
MAILING ADDRESS
ADD'LINfV RE 17e TYPE OF ORGANIZATION
ORGANIZATION
DEBTOR
FIRST NAME
CITY
MIDDLE NAME
STATE
POSTAL CODE
71 JURISDICTION OF ORGANIZATION 7g ORGANIZATIONAL ID N, it any
8 AMENDMENT (COLLATERAL CHANGE) check only one box
Describe collateral ❑deleted or❑ added, or give entire ❑ restated collateral description, or describe collateral assigned
SUFFIX
COUNTRY
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9 NAME OF SECURED PARTY OF RECORD AUTHORIZING THIS AMENDMENT (name of ass,gntx, it Mrs is an Assignment) It tNs is an amendment authorised by a Debtor which
adds collateral or adds the authorizing Debtor, or if the lea Termination authorized by a Debtor, check here ❑and enter name of DEBTOR authorizing this Amendment
90 ORGANIZATION'S NAME
FIRST BANK NATIONAL ASSOCIATION, AS INDENTURE TRUSTEE
9b INDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME (SUFFIX
10 OPTIONAL FILER REFERENCE DATA
DEBTOR BIG FOOT RESTAURANTS, INC DBA BURGER KING STORE 02375
DEBTOR COPY -
NATIONAL UCC FINANCING STATEMENT AMENDMENT (FORM UCC3) (REV 07/29/98)y y cy !
440 9TH AV a New Yop. NY '1v00T
9701140177
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
Franchise Mortgage Acceptance Company LLC
5 Greenwich Office Park, •4th Floor
Greenwich, Connecticut 06831
Attention: Ms. Charan J. Chanana
to
CHICAGO TITLE INSURANCE COMPANY, a Missouri corporation,
as Trustee
for the use and benefit of
FRANCHISE MORTGAGE ACCEPTANCE COMPANY LLC,
a California limited liability company,
as Beneficiary
. DEED OF TRUST, SECURITY AGREEMENT AND ASSIGNMENT OF
RENTS AND FIXTURE FILING
(Leasehold)
Dated: January 3_, 1997
Location: 15036 Pacific Highway South
Seattle, WA 98188
(Store No. 2375)
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BIG FOOT RESTAURANTS, INC., a Washington Corporation, as Trustor
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THIS DEED OF TRUST AND ASSIGNMENT OF RENTS AND FIXTURE
FILING is made the 3 ' day of January, 1997, between Big Foot
Restaurants, Inc., a Washington corporation (hereinafter referred
to as Trustor) for the use and benefit of Franchise Mortgage
Acceptance Company LLC, a California limited liability company,
having an office at 5 Greenwich Office Park, 4th Floor, Greenwich,
Connecticut 06831 (hereinafter referred to as Beneficiary).
W I T N E S S E 2 H:
Whereas Trustor is the owner of a leasehold estate in the
premises described in Exhibit A attached hereto (hereinafter
referred to as the Premises) under and pursuant to the provisions
of the lease described in Exhibit A -1 attached hereto (hereinafter
referred to as the Ground Lease);
NOW THEREFORE, to secure the payment of certain
obligations in the aggregate sum of FIVE HUNDRED . THIRTY-FIVE
THOUSAND and 00 /000 Dollars ($535,000), lawful money of the United
States of America, to be paid with interest and periodic charges
(said indebtedness, interest, periodic charges and all other sums
which may or shall become due hereunder being hereinafter
collectively referred to as the Obligations) according to a certain
Secured Promissory Note dated the date hereof given by Trustor to
Beneficiary (hereinafter referred to as the Note), and a certain
Pledge and Security Agreement entered into between Trustor and
Beneficiary (hereinafter referred to as the Security Agreement) ,
Trustor has given, granted, bargained, sold, aliened, enfeoffed,
conveyed, confirmed, transferred and assigned, and by these
presents does irrevocably give, grant, bargain, sell, alien,
enfeoff, convey, confirm, transfer and assign unto Trustee in
trust, with power of sale and right of entry and possession,
forever all right, title and interest of Trustor now owned, or
hereafter acquired, in and to the following property, rights and
interests (such property, rights and interests being hereinafter
collectively referred to as the Trust Property):
(a) the Premises;
(b)- all buildings and improvements now or hereafter
located on the Premises (hereinafter referred to as the
Improvements);
(b)(1) the Ground Lease and the leasehold estate created
thereunder;
(b) (2) all modifications, extensions and renewals of the
Ground Lease and all credits, deposits, options, purchase options,
privileges and rights of Trustor under the Ground Lease, including,
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DBLA- 166100L.1
January 2, 1997
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privileges and rights of Trustor under the Ground Lease, including,
but not limited to, the right, if any, to renew or extend the
Ground Lease for a succeeding term or terms or to acquire fee title
to or other interest in all'or any portion of the Premises or the
Improvements;
(c) all of the estate, right, title, claim or demand of
any nature whatsoever of Trustor, either in law or in equity, in
possession or expectancy, in and to the Trust Property or any part
thereof;
(d) all easements, rights -of -way, gores of land,
streets, ways, alleys, passages, sewer rights, waters, water
courses, water rights and powers, and all estates, rights, titles,
interests, privileges, liberties, tenements, hereditaments, and
appurtenances of any nature whatsoever, in any way belonging,
relating or pertaining to the Trust Property (including, without
limitation, any and all development rights, air rights or similar
or comparable rights of any nature whatsoever now or hereafter
appurtenant to the Premises or now or hereafter transferred to the
Premises) and all land lying in the bed of any street, road or
avenue, opened or proposed, in front of or adjoining the Premises
to the center line thereof;
(e) all machinery, apparatus, equipment, fittings,
fixtures and other property of every kind and nature whatsoever
owned by Trustor, or in which Trustor has or shall have an
interest, now or hereafter located upon the Trust Property, or
N. appurtenances thereto, or usable in connection with the present or
future operation and occupancy of the Trust Property and all
d building equipment, materials and supplies of any nature whatsoever
, owned by Trustor, or in which Trustor has or shall have an
,4 interest, now or hereafter located upon the Trust Property,
• including, without limitation, all equipment for the generation or
c distribution of air, water, heat, electricity, light, fuel or
Du refrigeration or for ventilating or air- condition purposes or for
Cr) sanitary or drainage purposes or for the removal of dust, refuse or
garbage, fire sprinklers and alarms, control devices, partitions,
appliances, furniture, furnishings, cabinets, awnings, window
shades, blinds, drapes and drapery rods and brackets, screens,
carpeting and other floor coverings, lobby furnishings,
incinerators and other property of every kind and description now
or hereafter placed, attached, affixed or installed in such
buildings, structures or improvements, and all replacements,
repairs, additions, accessions or substitution or proceeds thereto
or therefor (hereinafter collectively referred to as the
Equipment), and the right, title and interest of Trustor in and to
any of the Equipment which may be subject to any security
agreements (as defined in the Uniform Commercial Code of the State
in which the Premises are located) , superior in lien to the lien of
this Deed of Trust;
3
DSLA- 166100L.1
January 2, 1997
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(f) all awards or payments, including interest thereon,
and the right to receive the same, which may be made with respect
to the Trust Property, whether from the exercise of the right of
eminent domain (including any transfer made in lieu of the exercise
of said right), or for any other injury to or decrease in the value
of the Trust Property;
(g) all leases and other agreements (other than the
Ground Lease) affecting the use or occupancy of the Trust Property
now or hereafter entered into (hereinafter referred to as the
Leases) and the right to receive and apply the rents, issues,
income, revenues and profits of the Trust Property (hereinafter
referred to as the Rents) to the payment of the Obligations;
(h) all proceeds of and any unearned premiums on any
insurance policies (collectively, hereinafter referred to as the
Policies) covering the Trust Property, including, without
limitation, the right to receive and apply the proceeds of any
insurance, judgments, or settlements made in lieu thereof, for
damage to the Trust Property;
(i) the right, in the name and on behalf of Trustor, to
appear in and defend any action or proceeding brought with respect
to the Trust Property and to commence any action or proceeding to
protect the interest of Beneficiary in the Trust Property; and
(j) all proceeds of each of the foregoing.
TO HAVE AND TO HOLD the above granted and described Trust
Property unto and to the proper use and benefit of Trustee, and the
successors and assigns of Trustee forever;
IN TRUST, to secure the payment to Beneficiary of the
Obligations at the time and in the manner provided for its payment
in the Note and in this Deed of Trust, AND Trustor covenants and
agrees with and represents and warrants to Trustee and Beneficiary
as follows:.
1. Payment of Obligations. Trustor will pay the
Obligations at the time and in the manner provided for its payment
in the Note, the Security Agreement and this Deed of Trust, in the
Security Agreement and in this Deed of•Trust and any renewals,
extensions or modifications thereof and any replacements or
substitutions therefor, (a) payment of such further sums as Trustor
may hereafter borrow from Beneficiary when evidenced by another
note reciting it as so secured, and any renewals, extensions or
modifications thereof and replacement or substitutions therefor,
(b). payment of all other amounts agreed or provided to be paid by
Trustor and such further sums as may be advanced or loaned by
Beneficiary to Trustor hereunder or under the Note or Security
Agreement and (c) performance of each agreement of Trustor herein
contained or contained in any other agreement given by Trustor to
4 DBLA- 166100L.1
January 2, 1997
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Beneficiary for the purpose of further securing any indebtedness
hereby secured.
2. Warranty of Title. Subject only to those exceptions
to title specifically set forth in the title policy issued or to be
issued to Beneficiary and insuring the lien of this Deed of Trust,
Trustor warrants the title to the Premises, the Improvements, the
Equipment, the Ground Lease and the balance of the Trust Property.
In addition, Trustor represents and warrants that (i) the Ground
Lease is in full force and effect and has not been modified in any
manner whatsoever, (ii) there are no defaults under the Ground
Lease and no event has occurred, which but for the passage of time,
or notice, or both, would constitute a default under the Ground
Lease, (iii) all rents, additional rents and other sums due and
payable under the Ground Lease have been paid in full, and (iv) no
action has commenced and no notice has been given or received for
the purpose of terminating the Ground Lease. Upon the recording of
this Deed of Trust, the lien of this Deed of Trust shall be a
perfected lien and fixture filing on all Equipment and other
personal property mortgaged hereunder.
3. Insurance. Trustor shall keep the Trust Property
insured in accordance with the provisions of the Security
Agreement. Sums paid to Beneficiary by any insurer may be retained
and applied by Beneficiary toward payment of the Obligations
whether or not then due and payable in such order, priority and
proportions as Beneficiary in its discretion shall deem proper or,
at the discretion of Beneficiary, the same may be paid, either in
whole or in part, to Trustor for such purposes as Beneficiary shall
designate. If Beneficiary shall receive and retain such insurance
proceeds, the lien of this Deed of Trust shall be reduced only by
the amount thereof received and retained by Beneficiary and
actually applied by Beneficiary in reduction of the Obligations.
4. Payment of Taxes, etc.. Trustor shall pay all
taxes, assessments, water rates, sewer rents, utility charges and
other charges, including vault charges and license fees for the use
of vaults, chutes and similar areas adjoining the Premises, now or
hereafter levied or assessed against the Trust Property
(hereinafter referred to as the Taxes) prior to the date upon which
any fine, penalty, interest or cost may be added thereto or imposed
by law for the nonpayment thereof. Trustor shall deliver to
Beneficiary, upon request, receipted bills, canceled checks and
other evidence satisfactory to Beneficiary evidencing the payment
of the Taxes prior to the date upon which any fine, penalty,
interest or cost may be added thereto or imposed by law for the
nonpayment thereof.
5. Condemnation. Notwithstanding any taking by any
public or quasi- public authority through eminent domain or
otherwise, Trustor shall continue to pay the Obligations at the
time and in the manner provided for its payment in the Note, the
Security Agreement and this Deed of Trust and the Obligations shall
5
DBLA- 166100L.1
January 2, 1997
not be reduced until any award or.payment therefor shall have been
actually received and applied by Beneficiary to the discharge of
the Obligations. Beneficiary may apply the entire amount of any
such award or payment to the discharge of the Obligations whether
or not then due and payable in such order, priority and proportions
as Beneficiary in its discretion shall deem proper. If the Trust
_ Property is sold, through foreclosure or otherwise, prior to the
receipt by Beneficiary of such award or payment, Beneficiary shall
have the right, whether or not a deficiency judgment on the Note
shall have been sought, recovered or denied, to receive such award
or payment, or a portion thereof sufficient to pay the Obligations,
whichever is less. Trustor shall file and prosecute its claim or
claims for any such award or payment in good faith and with due
diligence and cause the same to be collected and paid over to
Beneficiary. Trustor hereby irrevocably authorizes and empowers
Beneficiary and Trustee, in the name of Trustor or otherwise, to
collect and receipt for any such award or payment and to file and
prosecute such claim or claims. Although it is hereby expressly
agreed that the same shall not be necessary in any event, Trustor
shall, upon demand of Beneficiary, make, execute and deliver any
and all assignments and other instruments sufficient for the
purpose of assigning any such award or payment to Beneficiary and
Trustee, free and clear of any encumbrances of any kind or nature
whatsoever.
6. Leases and Rents. Subject to the terms of this
paragraph, Beneficiary and Trustee waive the right to enter the
Trust Property for the purpose of collecting the Rents, and grant
Trustor the right to collect the Rents. Trustor shall hold the
Rents, or an amount sufficient to cover the payment of all
operating expenses of the Trust Property and to discharge all
current sums due on the Obligations, in trust for use in payment of
such current operating expenses and current sums due on the
Obligations. The right of Trustor to collect the Rents may be
revoked by Beneficiary upon any default by Trustor under the terms
of the Note, the Security Agreement or this Deed of Trust by giving
notice of such revocation to Trustor. Following such notice
Beneficiary or Trustee may retain and apply the Rents toward
payment of the Obligations in such order, priority and proportions
as Beneficiary, in its discretion, shall deem proper, or to the
operation, maintenance and repair of the Trust Property, and
irrespective of whether Beneficiary or Trustee shall have commenced
a foreclosure of this Deed of Trust or a sale of the Trust Property
pursuant to the provisions of this Deed of Trust or shall have
applied or arranged for the appointment of a receiver. Trustor
shall, not, without the consent of Beneficiary, make, or suffer to
be made, any Leases or modify or cancel any Leases or accept
prepayments of installments of the Rents for a period of more than
one (1) month in advance or further assign the whole or any part of
the Rents. Trustor shall fulfill or perform each and every
'provision of the Leases on the part of Trustor to be fulfilled or
performed, promptly send copies of all notices of default which
Trustor shall send or receive under the Leases to Beneficiary, and
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6 DBLA- 166100L.1
January 2, 1997
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enforce, short of termination of the Leases, the performance or
observance of the provisions thereof by the tenants thereunder. In
addition to the rights which Beneficiary may have herein, in the
event of any default under this Deed of Trust, Beneficiary, at its
option, may require Trustor to pay monthly in advance to
Beneficiary, Trustee or any receiver appointed to collect the
_ Rents, the fair and reasonable rental value for the use and
occupation of such part of the Trust Property as may be in
possession of Trustor. Upon default in any such payment, Trustor
will vacate and surrender possession of the Trust Property to
Beneficiary, Trustee or to such receiver and, in default thereof,
Trustor may be evicted by summary proceedings or otherwise.
Nothing contained in this paragraph shall be construed as imposing
on Beneficiary or Trustee any of the obligations of the lessor
under the Leases.
7. Maintenance of the Trust Property. Trustor shall
cause the Trust Property to be maintained in good condition and
repair and will not commit or suffer to be committed any waste of
the Trust Property. The Improvements and the Equipment shall not
be removed, demolished or materially altered (except for normal
replacement of the Equipment), without the consent of Beneficiary.
Trustor shall promptly comply with all existing and future
.governmental laws, orders, ordinances, rules and; regulations
affecting the Trust Property, or any portion thereof or the use
thereof. Trustor shall promptly repair, replace or rebuild all or
any part of the Trust Property which may be damaged or destroyed by
fire or other property hazard or casualty (including any fire or
other property hazard or casualty for which insurance was not
obtained or obtainable) or which may be affected by any taking by
any public or quasi- public authority through eminent domain or
otherwise, and shall complete and pay for, within a reasonable
time, any structure at any time in the process of construction or
repair on the Premises. If such fire or other property hazard or
casualty shall be covered by the Policies, Trustor's obligation to
repair, replace or rebuild such portion of the Trust Property shall
be contingent upon Beneficiary paying Trustor the proceeds of the
Policies, or such portion thereof as shall be sufficient to
complete such repair, replacement or rebuilding, whichever is less.
Trustor will not, without obtaining the prior consent of
Beneficiary, initiate, join in or consent to any private
restrictive covenant, zoning ordinance, or other public or private
restrictions, limiting or affecting the uses which may be made of
the Trust Property or any part thereof.
8. Environmental Provisions. For the purposes of this
paragraph the following terms shall have the following meanings:
the term "Hazardous Material" shall mean any material or substance
that, whether by its nature or use, is now or hereafter defined as
a hazardous waste, hazardous substance, pollutant or contaminant
under any Environmental Requirement, or which is toxic, explosive,
corrosive, flammable, infectious, radioactive, carcinogenic,
mutagenic or otherwise hazardous and which is now or hereafter
7
DBLA- 166100L.1
January 2, 1997
regulated under any Environmental Requirement, or which is or
contains petroleum, gasoline, diesel fuel or another petroleum
hydrocarbon product, the term "Environmental Requirements" shall
collectively mean all present and future laws, statutes,
ordinances, rules, regulations, orders, codes, licenses, permits,
decrees, judgments, directives or the equivalent of or by any
Governmental Authority and relating to or addressing the protection
of the environment or human health, and the term "Governmental
Authority" shall mean the Federal government, or any state or other
political subdivision'thereof, or any agency, court or body of the
Federal government, any state or other political subdivision
thereof, exercising executive, legislative, judicial, regulatory or
administrative functions. Trustor hereby represents and warrants
to Beneficiary that to the best of Trustor's knowledge after
diligent inquiry (i) no Hazardous Material is currently located at,
on, in, under or about the Trust Property, (ii) no Hazardous
Material is currently located at, in, or, under or about the Trust
Property in a manner which violates any Environmental Requirement,
or which requires cleanup or corrective action of any kind under
any Environmental Requirement, (iii) no releasing, emitting,
discharging, leaching, dumping or disposing of any Hazardous
Material from the Trust Property onto or into any other property or
from any other property onto or into the Trust Property has
occurred or is occurring in violation of any Environmental
Requirement, (iv) no notice of violation, lien, complaint, suit,
order or other notice with respect to the Trust Property is
14 presently outstanding under any Environmental Requirement, and (v)
the Trust Property and the operation thereof are in full compliance
Tr with all Environmental Requirements. Trustor shall comply, and
shall cause all tenants or other occupants of the Trust Property to
g ri comply, in all respects .with all Environmental Requirements, and
will not generate, store, handle, process, dispose of or otherwise
C? use, and will not permit any tenant or other occupant of the Trust
Property to generate, store, handle, process, dispose of or
Otherwise use, Hazardous Materials at, in, on, under or about the
Trust Property in a manner that could lead or potentially lead to
the imposition on Trustor, Beneficiary or the Trust Property of any
liability or lien of any nature whatsoever under any Environmental
Requirement. Trustor shall notify Beneficiary promptly in the event
of any spill or other release of any Hazardous Material at, in, on,
under or about the Trust Property which is required to be reported
to a Governmental Authority under any Environmental Requirement,
will promptly forward to Beneficiary copies of any notices received
by Trustor relating to alleged violations of any Environmental
Requirement and will promptly pay when due any fine or assessment
against Beneficiary, Trustor or the Trust Property relating to any
Environmental Requirement. If at any time it is determined that
the operation or use of the Trust Property violates any applicable
Environmental Requirement or that there are Hazardous Materials
located at, in, on, under or about the Trust Property which, under
any Environmental Requirement, require special handling in
collection, storage, treatment or disposal, or any other form of
cleanup or corrective action, Trustpr shall, within thirty (30)
8 DBLA- 166100L.1
January 2, 1997
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all costs and expenses incurred in connection with such audit,
otherwise the costs and expenses of such audit shall,
notwithstanding anything to the contrary set forth in this
paragraph, be paid by Beneficiary. If this Deed of Trust is
foreclosed, or if the Trust Property is sold pursuant to the
provisions of this Deed of Trust, or if Trustor tenders a deed or
assignment in lieu of foreclosure or sale, Trustor shall deliver
the Trust Property to the purchaser at foreclosure or sale or to
Beneficiary, its nominee, or wholly owned subsidiary, as the case
may be, in a condition that complies in all respects with all
Environmental Requirements. Trustor will defend, indemnify, and
hold harmless Beneficiary, its employees, agents, officers, and
directors, from and against any and all claims, demands, penalties,
causes of action, fines, liabilities, settlements, damages, costs,
or expenses of whatever kind or nature, known or unknown, foreseen
or unforeseen, contingent or otherwise (including, without
limitation, counsel and consultant fees and expenses, investigation
and laboratory fees and expenses, court costs, and litigation
expenses) arising out of, or in any way related to, any breach by
Trustor of any of the provisions of this paragraph, the presence,
disposal, spillage, discharge, emission, leakage, release, or
threatened release of any Hazardous Material which is at, in, on,
under, about, from or affecting the Trust Property, including,
without limitation, any damage or injury resulting from any such
Hazardous Material to or affecting the Trust Property or the soil,
water, air, vegetation, buildings, personal property, persons or
animals located on the Trust Property or on any other property or
otherwise, any personal injury (including wrongful death) or
property damage (real or personal) arising out of or related to any
such Hazardous Material, any lawsuit brought or threatened,
settlement reached, or order or directive of or by any Governmental
Authority relating to such Hazardous Material, or any violation of
any Environmental Requirement. The aforesaid indemnification
shall, notwithstanding any exculpatory or other provision of any
nature whatsoever to the contrary set forth in the Note, this Deed
of Trust or any other document or instrument now or hereafter
executed and delivered in connection with the loan evidenced by the
Note and secured by this Deed of Trust, constitute the personal
recourse undertakings, obligations and liabilities of Trustor. The
aforesaid indemnification shall not be applicable to any claim,
demand, penalty, cause of action, fine, liability, settlement,
damage, cost or other expense of any type whatsoever (i)
occasioned, arising and caused solely and directly as the result of
the gross negligence or willful misconduct of Beneficiary, its
nominee or wholly owned subsidiary or their respective employees or
agents and irrespective of whether occurring prior or subsequent to
the date upon which Beneficiary, its nominee or wholly owned
subsidiary acquires possession of the Trust Property by foreclosure
of this Deed of Trust, a sale of the Trust Property pursuant to the
provisions of this Deed of Trust, acceptance of a deed or
assignment in lieu of foreclosure or sale or otherwise, or (ii)
occasioned, arising and caused solely and directly as the result of
any act of any person or party (other than an act of Trustor, its
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10 DBLA- 166100L.1
January 2, 1997
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employees or agents or persons or parties under the control of
Trustor, or an act of Beneficiary, its nominee or wholly owned
subsidiary or their respective employees or agents which does not
constitute negligence or willful misconduct, or an act of any
Governmental Authority, including, without limitation, any change
in any Environmental Requirement) and occurring subsequent to the
earlier to occur of (x) the date of payment to Beneficiary in cash
of the entire Obligations, and (y) the date upon which Beneficiary,
its nominee or wholly owned subsidiary acquires possession of the
Trust Property by foreclosure of this Deed of Trust, a sale of the
Trust Property pursuant to the provisions of this Deed of Trust,
acceptance of a deed or assignment in lieu of foreclosure or sale
or otherwise. Except as hereinabove specifically provided to the
contrary in this paragraph, the obligations and liabilities of
Trustor under this paragraph shall survive and continue in full
force and effect and shall not be terminated, discharged or
released, in whole or in part, irrespective of whether the
Obligations has been paid in full and irrespective of any
foreclosure of this Deed of Trust, sale of the Trust Property
pursuant to the provisions of this Deed of Trust or acceptance by
Beneficiary, its nominee or wholly owned subsidiary of a deed or
assignment in lieu of foreclosure or sale and irrespective of any
other fact or circumstance of any nature whatsoever.
9. Estoppel Certificates. Trustor, within ten (10)
days after request by Beneficiary and at its expense, will furnish
Beneficiary with a statement, duly acknowledged and certified,
setting forth the amount.of the Obligations and the offsets or
defenses thereto, if any, and any other matter reasonably requested
by Beneficiary.
10. Transfer or Encumbrance of the Trust Property. No
part of the Trust Property nor any interest of any nature
whatsoever therein nor any interest of any nature whatsoever in
Trustor (whether partnership, stock, equity, beneficial, profit,
loss or otherwise) shall in any manner be further encumbered, sold,
transferred, assigned or conveyed, or permitted to be further
encumbered, sold, transferred, assigned or conveyed without the
prior consent of Beneficiary, which consent in any and all
circumstances may be withheld in the sole and absolute discretion
of Beneficiary. If any part of the Trust Property or any interest
of any nature whatsoever therein or any interest of any nature
whatsoever in Trustor is encumbered, sold, transferred assigned or
conveyed, or permitted to be further encumbered, sold, transferred,
assigned or conveyed without the prior consent of the Beneficiary,
Beneficiary shall have the right, at its option, to declare all
amounts secured hereby immediately due and payable. The provisions
of the foregoing sentences of this paragraph shall apply to each
and every such further encumbrance, sale, transfer, assignment or
conveyance, regardless of whether or not Beneficiary has consented
to, or waived by its action or inaction its rights hereunder with
respect to, any such previous further encumbrance, sale, transfer,
assignment or conveyance, and irrespective of whether such further
DBLA- 166100L.1
January 2, 1997
l
:1
encumbrance, sale, transfer, assignment or conveyance is voluntary,
by reason of operation of law or is otherwise made.
11. Notice. Any notice, request, demand, statement,
authorization, approval or consent made hereunder shall be in
writing and shall be sent in the manner specified in the Security
- Agreement.
12. Sale of Trust Property. If this Deed of Trust is
foreclosed, the Trust Property, or any interest therein, may, at
the discretion of Beneficiary, be sold in one or more parcels or in
several interests or portions and in any order or manner, at one
time or at different times.
13. Changes in Laws Regarding Taxation. In the event of
the passage after the date of this Deed of Trust of any law of the
State in which the Premises are located deducting from the value of
real property for the purpose of taxation any lien or encumbrance
thereon or changing in any way the laws for the taxation of deeds
of trusts or debts secured by deeds of trust for state or local
purposes or the manner of the collection of any such taxes, and
imposing a tax, either directly or indirectly, on this Deed of
Trust, the Note or the Obligations, Trustor shall, if permitted by
law, pay any tax imposed as a result of any such law within the
statutory period or within fifteen (15) days after demand by
Beneficiary, whichever is less, provided, however, that if, in the
opinion of the attorneys for Beneficiary, Trustor is not permitted
by law to pay such taxes, Beneficiary shall have the right, at its
option; to declare the Obligations due and payable on a date
specified in a prior notice to Trustor of not less than thirty (30)
days.
14. No Credits on Account of the Obligations. Trustor
will not claim or demand or be entitled to any credit or credits on
account of the Obligations for any part of the Taxes assessed
against the Trust Property or any part thereof and no deduction
shall otherwise be made or claimed from the taxable value of the
Trust Property, or any part thereof, by reason of this Deed of
Trust or the Obligations.
15. Documentary Stamps. If at any time the United
States of America, any state thereof, or any governmental
subdivision of any such state, shall require revenue or other
stamps to be affixed to the Note or this Deed of Trust, Trustor
will pay for the same, with interest and penalties thereon, if any.
15 A. The Ground Lease. Trustor shall pay all rents,
additional rents and other sums required to be paid by Trustor as
ground lessee under and pursuant to the provisions of the Ground
Lease, diligently perform and observe all of the terms, covenants
and•conditions of the Ground Lease on the part of Trustor, as
ground lessee thereunder, to be performed and observed, unless such
performance or observance shall be waived or not required in
12
DBLA- 166100L.1
January 2, 1997
writing by the ground lessor under the Ground Lease, to the end
that all things shall be done which are necessary to keep
unimpaired the rights of Trustor, as ground lessee, under the
Ground Lease, and promptly notify Beneficiary of the giving of any
notice by the ground lessor under the Ground Lease to Trustor of
any default by Trustor in the performance or observance of any of
the terms, covenants or conditions of the Ground Lease on the part
of Trustor, as ground lessee thereunder, to be performed or
observed and deliver to Beneficiary a true copy of each such
notice. Trustor shall not, without the prior consent of
Beneficiary, surrender the leasehold estate created by the Ground
Lease or terminate or cancel the Ground Lease or modify, change,
supplement, alter or amend the Ground Lease, in any respect, either
orally or in writing, and Trustor hereby assigns to Beneficiary, as
further security for the payment of the Obligations and for the
performance and observance of the terms, covenants and conditions
of this Deed of Trust, all of the rights, privileges and
prerogatives of Trustor, as ground lessee under the Ground Lease,
to surrender the leasehold estate created by the Ground Lease or to
terminate, cancel, modify, change, supplement, alter or amend the
Ground Lease, and any such surrender of the leasehold estate
created by the Ground Lease or termination, cancellation,
modification, change, supplement, alteration or amendment of the
Ground Lease without the prior consent of Beneficiary shall be void
r and of no force and effect. If Trustor shall default in the
. b. performance or observance of any term, covenant or condition of the
il Ground Lease on the part of Trustor, as ground lessee thereunder,
0 to be performed or observed, then, without limiting the generality
of the other provisions of this Deed of Trust, and without waiving
M or releasing Trustor from any of its obligations hereunder,
CD Beneficiary shall have the right, but shall be under no obligation,
to pay any sums and to perform any act or take any action as may be
C'l appropriate to cause all of the terms, covenants and conditions of
the Ground Lease on the part of Trustor, as ground lessee
thereunder, to be performed or observed to be promptly performed or
observed on behalf of Trustor, to the end that the rights of
Trustor in, to and under the Ground Lease shall be kept unimpaired
and free from default. If Beneficiary shall make any payment or
perform any act or take action in accordance with the preceding
sentence, Beneficiary will notify Trustor of the making of any such
payment, the performance of any such act, or the taking of any such
acion. In any such event, subject to the rights of lessees and
other occupants under the Leases, Beneficiary and any person.
designated by Beneficiary shall have, and are hereby granted, the
right to enter upon the Trust Property at any time and from time to
time for the purpose of taking any such action. If the ground
lessor under the Ground Lease shall deliver to Beneficiary a copy
of any notice of default sent by said ground lessor to Trustor, as
ground lessee under the Ground Lease, such notice shall constitute
full protection to Beneficiary for any action taken or omitted to
be taken by Beneficiary, in good faith, in reliance ther?on.
Trustor shall, from time to time, obtain from the ground lessor
under the Ground Lease such certifigates of estoppel with respect
13
DBLA- 166100L.1
January 2, 1997
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to compliance by Trustor with the terms of the Ground Lease as may
be requested by Beneficiary. Trustor shall exercise each
individual option, if any, to extend or renew the term of the
Ground Lease upon demand by Beneficiary made at any time one (1)
year prior to the last day upon which any such option may be
exercised, and Trustor hereby expressly authorizes and appoints
_ Beneficiary its attorney -in -fact to exercise, either jointly or
individually, any such option in the name of and upon behalf of
Trustor, which power of attorney shall be irrevocable and shall be
deemed to be coupled with an interest.
15 B. No Merger of Fee and Leasehold Estates. So long
as any portion of the Obligations shall remain unpaid, unless
Beneficiary shall otherwise consent, the fee title to the Premises
and the leasehold estate therein created pursuant to the provisions
of the Ground Lease shall not merge, but shall always he kept
separate and distinct, notwithstanding the union of such estates in
Trustor or in any other person, by purchase, operation of law or
otherwise. If Beneficiary shall acquire the fee title to the
Premises and the leasehold estate therein created pursuant to the
provisions of the Ground Lease by foreclosure of this Deed of Trust
or sale of the Trust Property pursuant to this Deed of Trust or
otherwise, such estates shall not merge as a result of such
acquisition and shall remain separate and distinct for all purposes
after such acquisition unless and until Beneficiary shall elect to
merge such estates.
15 C. Trustor Acquisition of Fee Estate. So long as any
portion of the Obligations remains unpaid, unless Beneficiary shall
otherwise consent, if Trustor shall acquire fee title to the
Premises the lien of this Deed of Trust shall be spread '_o cover
the fee estate and said fee estate shall be deemed to be included
within the definition of the Trust Property. Trustor shall, at its
sole cost and expense, execute such instruments as Beneficiary
deems useful or necessary to subject the fee estate to the lien of
this Deed of Trust.
* * *[15 D. Ground Lessor Bankruptcy. Upon the filing by
or against ground lessor of a petition pursuant to Title 11 of the
United States Code as now constituted or hereafter amended or under
any other applicable Federal or state bankruptcy law or other
similar law (hereinafter referred to as the Bankruptcy Code), and
the subsequent rejection of the Ground Lease by the ground lessor,
Trustor shall not, without the prior written consent of
Beneficiary, (i) elect to treat the Ground Lease as terminated
pursuant to Section 365(h)(1) of the Bankruptcy Code, or (ii)
pursuant to Section 365(h)(2) of the Bankruptcy Code, offset
against the rents reserved under the Ground Lease the amount of any
damages caused by the Ground lessor's rejection of the Ground
Lease. Trustor shall promptly, and so as to be received prior to
all hearing dates, return dates or other deadlines, send to
Beneficiary copies of all notices, summonses, pleadings,
14 DBLA- 166100L.1
January 2, 1997
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applications and other documents received by Trustor in connection
with such petition or proceeding by ground lessor.
Trustor shall not surrender its leasehold estate and its
interest created under the Ground Lease, nor terminate or cancel
the Ground Lease. Any attempted surrender, termination or
cancellation by Trustor shall be null and void and of no force or
effect.
If there shall be filed by or against Trustor a petition
under the Bankruptcy Code, 11 U.S.C. Sections 101 et seq. (the
"Bankruptcy Code "), Trustor, as tenant under the Lease, or any
trustee appointed by the Bankruptcy Court in such proceedings,
shall immediately (but in no event more than one (1) day after the
filing of such petition) notify Beneficiary in writing of Trustor's
or the trustee's intent, as the case may be, to assume or reject
the Lease pursuant to Section 365(a) of the Bankruptcy Code. If
the intent of Trustor or such trustee is to reject the Ground Lease
or to take no action under such Section 365(a), and Trustor or
Trustee has received notification from Beneficiary that, if such is
the case, Beneficiary desires an assignment of the Ground Lease,
then:
(i) Trustor (or Beneficiary upon Trustor's
failure to do so promptly) shall file, prior to the expiration of
the period provided in Section 365(d)(4) of the Bankruptcy Code, a
motion with the Bankruptcy Court to assume and assign the Lease to
Beneficiary; and
(ii) Trustor shall bear the burden of
establishing with the Bankruptcy Court that Trustor can perform as
required by Sections 365(b) and (f) of the Bankruptcy Code.
If Trustor notifies Beneficiary of its intent to assume
the Lease, Trustor shall not seek to reject the Lease but shall
promptly (and in all events before the expiration of all applicable
time periods for such.assumption and assignment) obtain consent
from the Bankruptcy Court to assume and assign the Lease for the
purposes of this paragraph. Trustor agrees that Beneficiary may at
any time apply to the Bankruptcy Court for an extension of any time
period for the assumption of the Lease by Trustor and that the
protection of Beneficiary's security interest in the Lease shall be
deemed sufficient cause for such extension and Trustor shall not
oppose any application by Beneficiary for such extension. Trustor
agrees that, if for any reason the Lease is rejected pursuant to
the provisions of Section 365 of the Bankruptcy Code, Trustor will
not take the position that such rejection is a termination of the
Lease.
16. Performance of Other Agreements. Trustor shall
observe and perform each and every term to be observed or performed
by Trustor pursuant to the terms of any agreement or recorded
instrument affecting or pertaining t,o the Trust Property.
15
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DBLA- 166100L.1
January 2, 1997
• •Y
1
17. events of Default. The Obligations shall become due
at the option of Beneficiary upon the occurrence of any one or more
of the following events (herein collectively referred to as Events
of Default) ;
(a) if an Event of Default, as defined in the
Security Agreement, shall occur;
(b) if Trustor shall fail to pay within fifteen
(15) days of notice and demand by Beneficiary, any installment of
any assessment against the Trust Property for local improvements
heretofore or hereafter laid, which assessment is or may become
payable in annual or periodic installments and is or may become a
lien on the Trust Property, notwithstanding the fact that such
installment may not be due and payable at the time of such notice
and demand;
(c) if without the consent of Beneficiary any
Leases are made, canceled or modified or if any portion of the
Rents is paid for a period of more than one (1) month in advance or
if any of the Rents are further assigned;
(c) (1) if Trustor shall default in the observance or
j performance of any term, covenant or condition of the Ground Lease
v4 on the part of Trustor, as ground lessee thereunder, to be observed
or performed, unless any such observance or performance shall have
id` been waived or not required in writing by the ground lessor under
.•4 the Ground Lease, or if any one or more of the events referred to
"4 in the Ground Lease shall occur which would or may cause the Ground
Lease to terminate without notice or action by the ground lessor
P� thereunder or which would entitle the ground lessor under the
`I Ground Lease to terminate the Ground Lease and the term thereof by
giving notice to Trustor, as ground lessee thereunder, or if the
leasehold estate created by the Ground Lease shall be surrendered,
in whole or in part, or if the Ground Lease shall be terminated or
canceled for any reason or under any circumstance whatsoever, or if
any of the terms, covenants or conditions of the Ground Lease shall
in any manner be modified, changed, supplemented, altered or
amended without the consent of Beneficiary;
(d) if Trustor or any other person shall be in
default under any deed of trust or mortgage covering any part of
the Trust Property whether superior or inferior in lien to this
Deed of Trust, and including, without limitation, any such deed of
trust or mortgage now or hereafter held by Beneficiary; or
(e) if the Trust Property shall become subject to
any tax lien, other than a lien for local real estate taxes and
assessments not due and payable, or to any lis pendens, notice of
pendency, stop order, notice of intention to file mechanic's or
materialman's lien, mechanic's or materialman's lien or other lien
of any nature whatsoever and the same shall not either be
discharged of record or in the alternative insured over to the
16 DBLA- 166100L.1
January 2, 1997
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satisfaction of Beneficiary by the title company insuring the lien
of this Deed of Trust within a period of thirty (30) days after the
same is filed or recorded, and irrespective of whether the same is
superior or subordinate in lien or other priority to the lien of
this Deed of Trust and irrespective of whether the same constitutes
a perfected or inchoate lien or encumbrance on the Trust Property
or is only a matter of record or notice; or
(f) if an Event of Default shall occur under any
deed of trust or mortgage, pledge agreement or other loan documents
now or hereafter entered into by Trustor or an affiliate of Trustor
in favor of Beneficiary.
18. Right to Cure Defaults. If default in the
performance of any of the covenants of Trustor herein occurs,
Beneficiary or Trustee may, at their discretion, remedy the same
and for such purpose shall have the right to enter upon the Trust
Property or any portion thereof without thereby becoming liable to
Trustor or any person in possession thereof holding under Trustor.
If Beneficiary or Trustee shall remedy such a default or appear in,
defend, or bring any action or proceeding to protect their interest
in the Trust Property or to foreclose this Deed of Trust or to sell
the Trust Property pursuant to the provisions of this Deed of Trust
or to collect the Obligations, the costs and expenses thereof
(including reasonable attorneys' fees to the extent permitted by
law), with interest as provided in this paragraph, shall be paid by
Trustor to Beneficiary upon demand and shall constitute part of the
Obligations secured by this Deed of Trust. All such costs and
expenses incurred by Beneficiary or Trustee in remedying such
default or in appearing in, defending, or bringing any such action
or proceeding shall be paid by Trustor to Beneficiary upon demand,
with interest accruing at the Default Rate, as defined in the
Security Agreement.
19. Appointment of Receiver. Beneficiary or Trustee, in
any action to foreclose this Deed of Trust or upon the actual or
threatened waste to any part of the Trust Property or upon the
occurrence of any default hereunder, shall be at liberty, without
notice, to apply for the appointment of a receiver of the Rents,
and shall be entitled to the appointment of such receiver as a
matter of right, without regard to the value of the Trust Property
as security for the Obligations, or the solvency or insolvency of
any person then liable for the payment of the Obligations.
20. Von- Waiver. The failure of Beneficiary or Trustee
to insist upon strict performance of any term of this Deed of Trust
shall not be deemed to be a waiver of any term of this Deed of
Trust. Trustor shall not be relieved of Trustor's obligation to
pay the Obligations at the time and in the manner provided for its
payment in the Note, the Security Agreement and this Deed of Trust
by reason of failure of Beneficiary or Trustee to comply with any
request of Trustor to take any action to foreclose this Deed of
Trust or sell the Trust Property pursuant to the provisions of this
17
DBLA- 166100L.1
January 2, 1997
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Deed of Trust or otherwise enforce any of the provisions hereof or
of the Note or any other deed of trust, mortgage, instrument or
document evidencing, securing or guaranteeing payment of the
Obligations or any portion thereof, the release, regardless of
consideration, of the whole or any part of the Trust Property or
any other security for the Obligations, or any agreement or
stipulation between Beneficiary or Trustee and any subsequent owner
or owners of the Trust Property or other person extending the time
of payment or otherwise modifying or supplementing the terms of the
Note, the Security Agreement, this Deed of Trust or any other deed
of trust, mortgage, instrument or document evidencing, securing or
guaranteeing payment of the Obligations or any portion thereof,
without first having obtained the consent of Trustor, and in the
latter event, Trustor shall continue to be obligated to pay the
Obligations at the time and in the manner provided in the Note, the
Security Agreement and this Deed of Trust, as so extended, modified
and supplemented, unless expressly released and discharged from
such obligation by Beneficiary in writing. Regardless of
consideration, and without the necessity for any notice to or
consent by the holder of any subordinate lien, encumbrance, right,
title or interest in or to the Trust Property, Beneficiary may
release any person at any time liable for the payment of the
Obligations or any portion thereof or any part of the security held
for the Obligations and may extend the time of payment or otherwise
modify the terms of the Note, the Security Agreement or this Deed
of Trust, including, without limitation, a modification of the
interest rate payable on the principal balance of the Note, without
in any manner impairing or affecting this Deed of Trust or the lien
thereof or the priority of this Deed of Trust, as so extended and
modified, as security for the Obligations over any such subordinate
lien, encumbrance, right, title or interest. Beneficiary may
resort for the payment of the Obligations to any other security
held by Beneficiary in such order and manner as Beneficiary, in its
discretion, may elect. Beneficiary or Trustee may take action to
recover the Obligations, or any portion thereof, or to enforce any
covenant hereof without prejudice to the right of Beneficiary or
Trustee thereafter to foreclose this Deed of Trust or to effect a
sale of the Trust Property in accordance with the provisions of
this Deed of Trust. Beneficiary and Trustee shall not be limited
exclusively to the rights and remedies herein stated but shall be
entitled to every additional right and remedy now or hereafter
afforded by law. The rights of Beneficiary and Trustee under this
Deed of Trust shall be separate, distinct and cumulative and none
shall be given effect to the exclusion of the others. No act of
Beneficiary or Trustee shall be construed as an election to proceed
under any one provision herein to the exclusion of any other
provision.
21. Power of Sale. If an Event of Default occurs and
Beneficiary so requests, Trustee shall sell the Trust Property in
accordance with the Deed of Trust Act of the State of Washington
(R.C.W. Chapter 61.24 as existing now or hereafter amended) at
public auction to the highest bidder. Any person except Trustee
.
18 DBLA- 166100L.1
January 2, 1997
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may bid at Trustee's sale. Trustee shall apply the proceeds of the
sale as follows: (i) to the expenses of sale, including Trustee's
fee and attorneys' fee; (ii) to all the indebtedness evidenced by
the Note and all other indebtedness secured by this Deed of Trust;
(iii) the surplus, if any, shall be distributed in accordance with
the Deed of Trust Act. Trustee shall deliver to the purchaser at
the sale its deed, without warranty, which shall convey to the
purchaser the interest in the Trust Property which Trustor had or
had the power to convey at the time of its execution of this Deed
of Trust and such as it may have acquired thereafter. Trustee's
deed shall recite the facts showing that the sale was conducted in
compliance with all the requirements of the law and of this Deed of
Trust, which recital shall be prima facie evidence of such
compliance and conclusive evidence thereof in favor of bona fide
purchasers and encumbrancers for value. The power of sale
conferred by this Deed of Trust and by the Deed of Trust Act of the
State of Washington is not an exclusive remedy, and when not
exercised Beneficiary may foreclose this Deed of Trust as a
mortgage. .
Secured Party shall have the right to proceed as to the
Equipment in accordance with Beneficiary's rights and remedies in
respect to real property or sell the Equipment separately and
without regard to the remainder of the Trust Property in accordance
with Beneficiary's rights and remedies provided by the Washington
Uniform Commercial Code as well as other rights and remedies
available at law or in equity.
v
c Upon the occurrence of an Event of Default, Beneficiary
is authorized, either by itself or its agent to be appointed y by g ppointed by
'd' it for that purpose or by a receiver appointed by a court of
,4 competent jurisdiction, to enter into and upon and take and hold
4 possession of any portion or all of the Trust Property, both real
CD and personal, and exclude Trustor and all other persons therefrom;
i%. to operate and manage the Trust Property and rent and lease the
0) same; to perform such reasonable acts of repair or protection as
may be reasonably necessary or proper to conserve the value
thereof; and collect any rents for the benefit and protection of
Beneficiary, and from time to time apply or accumulate such rents
in such order and manner as Beneficiary or such receiver, in its
sole discretion, shall consider advisable, to or upon the
following: the expenses of receivership, if any; the proper costs
of upkeep, maintenance, repair and /or operation of the Trust
Property; the repayment of any sums theretofore or thereafter
advanced pursuant to the terms of this Deed of Trust, the interest
then due or next to become due upon the indebtedness secured
hereby, and the taxes and assessments upon the Trust Property then
due or next to become due, or upon the unpaid principal of such
indebtedness. The collection or receipt of rents by Beneficiary,
its agent or receiver, after notice of default and notice of sale
shall not affect or impair such default or notices or any sale
proceedings predicated thereon. Any rents in the possession of
Beneficiary, its agent or receiver, : at the time of sale and not
19
DBLA- 166100L.1
January 2, 1997
.3
.4
.;
.:
theretofore applied as herein provided, shall be applied in the
same manner and for the same purposes as the proceeds of the sale.
Neither Trustee nor Beneficiary shall be under any
obligation to make any of the payments or do any of the acts
referred to in this paragraph 21, and any of the actions referred
to in this paragraph 21 may be taken by Beneficiary regardless of
whether any notice of default or notice of sale has been given
hereunder and without regard to the adequacy of the security for
the indebtedness evidenced by the Note.
Secured Party shall have the right, at its option, to
foreclose this Deed of Trust subject to the rights of any tenants
of the Trust Property, and the failure to make any tenants a party
defendant to any foreclosure proceeding will not be asserted by
Trustor as a defense in any action or suit instituted to collect
the indebtedness secured hereby or any deficiency remaining after
foreclosure. Any such tenant whom Beneficiary elects to not make
a party or subject to any foreclosure action shall continue in
possession of its leasehold for the unexpired term of its lease and
shall attorn to Beneficiary or other purchaser at the sale.
22. Concerning the Trustee. Trustee shall be under no
duty to take any action hereunder except as expressly required
hereunder or by law, or to perform any act which would involve
Trustee in any expense or liability or to institute or defend any
suit in respect hereof, unless properly indemnified to Trustee's
reasonable satisfaction. Trustee, by acceptance of this Deed of
Trust, covenants to perform and fulfill the trusts herein created,
being liable, however, only for willful negligence or misconduct,
and hereby waives any statutory fee and agrees to accept reasonable
compensation, in lieu thereof, for any services rendered by Trustee
in accordance with the terms hereof. Trustee may resign at any
time upon giving thirty (30) days' notice to Trustor and to
Beneficiary. Beneficiary may in its sole and absolute discretion
and with or without cause remove Trustee at any time or from time
to time and select a successor trustee. In the event of the death,
removal, resignation, refusal to act, or inability to act of
Trustee, or in its sole and absolute discretion for any reason
whatsoever Beneficiary may, without notice and without specifying
any reason therefor and without applying to any court, select and
appoint a successor trustee, by an instrument recorded wherever
this Deed of Trust is recorded and all powers, rights, duties and
authority of Trustee, as aforesaid, shall thereupon become vested
in such successor. Such substitute trustee shall not be required
to give bond for the faithful performance of the duties of Trustee
hereunder unless required to do so by Beneficiary.
23. Trustee's Fees. Trustor shall pay all costs, fees
and expenses incurred by Trustee and Trustee's agents and counsel
in connection with the performance by Trustee of Trustee's duties
hereunder and all such costs, fees and expenses shall be secured by
this Deed of Trust.
20 DBLA- 166100L.1
January 2, 1997
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41
24. Construction. The terms of this Deed of Trust shall
be construed in accordance with the laws of the State in which the
Premises are located.
25. Further Acts. etc. Trustor will, at the cost of
Trustor, and without expense to Beneficiary or Trustee, do,
- execute, acknowledge and deliver all and every such further acts,
deeds, conveyances, deeds of trust, mortgages, assignments, notices
of assignments, transfers and assurances as Beneficiary or Trustee
shall, from time to time, require for the better assuring,
conveying, assigning, transferring and confirming unto Beneficiary
or Trustee, as the case may be, the property and rights hereby
conveyed or assigned or intended now or hereafter so to be, or
which Trustor may be or may hereafter become bound to convey or
assign to Beneficiary or Trustee, or for carrying out the intention
or facilitating the performance of the terms of this Deed of Trust
or for filing, registering or recording this Deed of Trust and, on
demand, will execute and deliver and hereby authorizes Beneficiary
or Trustee to execute in the name of Trustor to the extent
Beneficiary and Trustee may lawfully do so, one or more financing
statements, chattel. mortgages or comparable security instruments,
to evidence more effectively the lien hereof upon the Trust
Property.
26. Ifeadings. etc., The headings, titles and captions of
various paragraphs of this Deed of Trust are for convenience of
reference only and are not to be construed as defining or limiting,
in any way, the scope or intent of the provisions hereof.
27. Filing of Deed of Trust, etc. Trustor forthwith
upon the execution and delivery of this Deed of Trust and
thereafter, from time to time, will cause this Deed of Trust, and
any security instrument creating a lien or evidencing the lien
hereof upon the Trust Property and each instrument of further
assurance to be filed, registered or recorded in such manner and in
such places as may be required by any present or future law in
order to publish notice of and fully to protect, preserve and
perfect the lien hereof upon, and the interest of Beneficiary and
Trustee in, the Trust Property. Trustor will pay all filing,
registration and recording fees, and all expenses incident to the
preparation, execution and acknowledgment of this Deed of Trust,
any deed of trust or mortgage supplemental hereto, any security
instrument with respect to the Trust Property, and any instrument
of further assurance, and all Federal, state, county and municipal
taxes, duties, imposts, assessments and charges arising out of or
in connection. with the execution and delivery of this Deed of
Trust, any deed of trust or any mortgage supplemental hereto, any
security instrument with respect to the Trust Property or any
instrument of further assurance. Trustor shall hold harmless and
indemnify Beneficiary, its successors and assigns, against any
liability incurred by reason of the imposition of any tax on the
making and recording of this Deed of Trust.
21
DBLA- 166100L.1
January 2, 1997
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28. Sole Discretion of Beneficiary or Trustee. Except
as may otherwise be expressly provided to the contrary, wherever
pursuant to the Note, this Deed of Trust, or any other document or
instrument now or hereafter executed and delivered in connection
therewith or otherwise with respect to the loan secured hereby,
Beneficiary or Trustee exercises any right given to Beneficiary or
Trustee to consent or not consent, or to approve or disapprove, or
any arrangement or term is to be satisfactory to Beneficiary or
Trustee, the decision of Beneficiary or Trustee to consent or not
consent, or to approve or disapprove or to decide that arrangements
or terms are satisfactory or not satisfactory, shall be in the sole
and absolute discretion of Beneficiary or Trustee and shall be
final and conclusive.
29. Duplicate Originals. This Deed of Trust may be
executed in any number of duplicate originals and each such
duplicate original shall be deemed to constitute but one and the
same instrument.
30. Certain Definitions. Unless the context clearly
indicates a contrary intent or unless otherwise specifically
provided herein, words used in this Deed of Trust shall be used
interchangeably in singular or plural form and the word " Trustor"
shall mean each Trustor and any subsequent owner or owners of the
Trust, Property or any part thereof or interest therein; the word
"Beneficiary" shall mean Beneficiary or any subsequent holder of
the Note; the word "Note" shall mean the Secured Promissory Note or
any other evidence of indebtedness secured by this Deed of Trust;
the words "Security Agreement" shall mean the Pledge and Security
Agreement; the word "Guarantor" shall mean each person guaranteeing
payment of the Obligations or any portion thereof or performance by
Trustor of any of the terms of this Deed of Trust and their
respective heirs, executors, administrators, legal representatives,
successors and assigns; the word "person" shall include an
individual, corporation, partnership, trust, unincorporated
association, government,. governmental authority, or other entity;
the words "Trust Property" shall include any portion of the Trust
Property or interest therein; the word "Obligations" shall mean all
sums secured by this Deed of Trust; and the word "default" shall
mean the occurrence of any default by Trustor or other person in
the observance or performance of any of the terms, covenants or
provisions of the Note, the Security Agreement or this Deed of
Trust on the part of Trustor or such other person to be observed or
performed without regard to whether such default constitutes or
would constitute upon notice or lapse of time, or both, an Event of
Default under this Deed of Trust. Whenever the context may
require, any pronouns used herein shall include the corresponding
masculine, feminine or neuter forms, and the singular form of nouns
and pronouns shall include the plural and vice versa.
31. Waiver of Notice. Trustor shall not be entitled to
any notices of any nature whatsoever from Beneficiary or Trustee
except with respect to matters for which this Deed of Trust
22
DBLA- 166100L.1
January 2, 1997
specifically and expressly provides for the giving of notice by
Beneficiary or Trustee to Trustor, and Trustor hereby expressly
waives the right to receive any notice from Beneficiary or Trustee
with respect to any matter for which this Deed of Trust does not
specifically and expressly provide for the giving of notice by
Beneficiary or Trustee to Trustor.
: �
32. Waiver of Statutory Rights: Trustor shall not and z
•
will not apply for or avail itself of any appraisement, valuation,
stay, extension or exemption laws, or any so- called "Moratorium _J0
Laws ", now existing or hereafter enacted, in order to prevent or 00
inder the enforcement or foreclosure of this Deed of Trust, but coo
hereby waives the benefit of such laws to the full extent that w
Trustor may do so under applicable law. Trustor for itself and all
who may claim through or under it waives any and all right to have O
the property and estates comprising the Trust Property marshalled
upon any foreclosure of the lien of this Deed of Trust and agrees
that any court having jurisdiction to foreclose such lien may order
the Trust Property sold as an entirety. Trustor hereby waives for a
itself and all who may claim through or under it, and to the full
extent Trustor may do under applicable law, any and all rights Z
of redemption from sale under any order or decree of foreclosure of F-0
this Deed of Trust or granted under any statute now existing or w (-
hereafter enacted.
U�
33. Waiver of Counterclaims. Trustor absolutely, N
unconditionally and irrevocably waives any and all right to assert o
any defense, setoff, counterclaim or crossclaim of any nature with =
respect to this Deed of Trust or the obligations of Trustor under
this Deed of Trust in any action or proceeding brought by p
Beneficiary to collect the Obligations, or any portion thereof, or Luz
to enforce the obligations of the Trustor under this Deed of Trust. u u)
t= _
34. Superior Deed of Trust. If Trustor fails to pay any Z
installment of principal or interest or any other sum due under any
deed of trust or other lien superior in lien to the lien of this
Deed of Trust, as the same becomes due and payable, Beneficiary
may, at its option, pay the same, and Trustor shall upon demand
reimburse Beneficiary for all sums so expended by Beneficiary, with
interest at a rate per annum equal to the Default Rate. All such
sums expended by Beneficiary, with interest, shall be secured by
this Deed of Trust.
35. Nonagricultural Use. The Trust Property is not used
principally or primarily for agricultural or farming purposes.
36. Plats, Easements and Other Agreements. At any time
upon written request of Beneficiary, payment of its fees and
presentation of this Deed of Trust and the Note for endorsement (in
case of full reconveyance, for cancellation and retention), without
'affecting the liability of any person for the payment of the
indebtedness or the effect of this Deed of Trust upon this
remainder of the Trust Property,. Trustee may (i) consent to the
23
DBLA- 166100L.1
January 2, 1997
fTw4717::'rs' 'OrK r.: �•{: ..•w -rn :: :.. • •,.lama•'•
•
making of any map or plat of the Trust Property; (ii) join in
granting any easement or creating any restriction thereon (iii)
join in any subordination or other agreement affecting this Deed of
Trust or the lien or charge thereof; or (iv) reconvey, without
warranty, all or any part of the Trust Property. The grantee in
any reconveyance maybe described as the "person or persons legally
entitled thereto ", and the recitals therein of any matters or facts
shall be conclusive proof of the truthfulness thereof. Trustor
agrees to pay Trustee's fee for full or partial reconveyance,
together with a recording fee, if Trustee, at its option, elects to
record said reconveyance.
37. Reconveyance After Payment. Upon Beneficiary's
written request stating that all sums secured hereby have been
paid, and upon surrender of this Deed of Trust to Trustee for
cancellation and retention and upon payment of its fees, Trustee
shall reconvey the Trust Property to Trustor without warranty. The
recitals in any reconveyance executed under this Deed of Trust of
any matters or facts shall be conclusive proof of the truthfulness
thereof. The grantee in such reconveyance may be described as "the
person or persons legally entitled thereto
38. Security Agreement. This Deed of Trust creates a
lien on the Trust Property, and to the extent the Trust Property is
not real property under applicable law this Deed of Trust
constitutes a security agreement under the Washington Uniform
Commercial Code and any other applicable law. If required by
Beneficiary, at any time during the term of this Deed of Trust,
Trustor will execute and deliver to Beneficiary, in form
satisfactory to Beneficiary, additional security agreements,
financing statements or other instruments covering all Equipment or
fixtures of Trustor which may at any time be furnished, placed on,
or annexed or made appurtenant to the Premises or used, useful or
held for use in the operation of the Improvements. Trustor further
agrees that:
(i) The obligations covered by this Security Agreement
include future advances in all forms;
(ii) Secured Party may: commingle any personal
property that comes into its possession; repledge such personal
property upon terms that impair Trustor's right to redeem such; and
require Trustor to assemble the personal property and make it
available to Beneficiary at a place to be designated by Beneficiary
which is reasonably convenient to both parties. To the extent
Beneficiary is required for any reason to provide commercially
reasonable notice to Trustor, Trustor agrees that notice mailed by
first class mail ten (10) days before the event of which notice is
given, is commercially reasonable notice;
(iii) The standard by which Beneficiary's rights and
duties under Article 9 of RCW ch. 62.A, including but not limited
24 DBLA- 166100L.1
January 2, 1997
Y?iq[!ph7+, r a {. eey ,' '+2 Y ,
•
•
.
•
to Part 5 thereof, shall be measured is gross negligence or willful
misconduct;
(iv) Trustor shall notify Beneficiary in writing within
thirty (30) days of any change in name of Trustor or its corporate
structure. Nothing herein shall be construed as a consent by
Beneficiary to a change in corporate structure otherwise prohibited
hereby.
If Trustor fails to execute any documents submitted by
Beneficiary pursuant to this paragraph 39 within ten (10) days
after such submission, then Trustor hereby irrevocably constitutes
and appoints Beneficiary the attorney -in -fact of Trustor, to
execute deliver and file with the appropriate filing officer or
office such security. agreements, financing statements or other
instruments as Beneficiary may request or require in order to
impose and perfect the lien and security interest hereof more
specifically on the Equipment or any fixture.
If Trustor enters into a separate security agreement
with Beneficiary relating to any of the Equipment or fixtures, the
terms of such security agreement shall govern the rights and
remedies of Beneficiary in the event of default thereunder. Any
breach of or default under any such security agreement shall
constitute an event of default under this Deed of Trust.
It is understood and agreed that, in order to protect
Beneficiary from the effect of RCW 62A.9 -313, as amended from time
to time, in the event that (a) Trustor intends to purchase any
goods.that may become fixtures attached to the Premises, or any
part thereof, and (b) such goods will be subject to a purchase
money security interest held by a seller or any other party:
(1) Franchisee shall, before executing any security
agreement or other document evidencing such security interest,
obtain the prior written approval of Beneficiary, and all requests
for such written approval shall be in writing and contain the
following information:
(A) a description of the fixtures to be replaced,
added to, installed or substituted;
(B) the address at which the fixtures will be
replaced, added to, installed or substituted; and
(C) the name and address of the proposed holder and
proposed amount of the security interest, and any failure of
Trustor to obtain such approval shall be a material breach of
Trustor's covenant under this Deed of Trust, and shall, at the
option of Beneficiary, entitle Beneficiary to all rights and
remedies provided for herein upon default. No consent by
Beneficiary pursuant to this paragraph shall be deemed to
25
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DBLA- 166100L.1
January 2, 1997
3
I
•
:
. i
constitute an agreement to subordinate the right of the Beneficiary
in fixtures or other property covered by this Deed of Trust.
(2) If at any time Trustor fails to make any payment on
an obligation secured by a purchase money security interest in the
Equipment or any fixtures, Beneficiary, at its option, may at any
time pay the amount secured by such security interest and the
amount so paid shall be (A) secured by this Deed of Trust and shall
be a lien on the Trust Property having the same priorities as the
liens and security interests created by this Deed of Trust, and (B)
payable on demand with interest at the rate specified in the Note
from the time of such payment. If Trustor shall fail to make such
payment to Beneficiary within ten (10) days after demand, the
entire principal sum secured hereby with all unpaid interest
accrued thereon shall, at the option of Beneficiary, become due and
payable immediately.
(3) Secured Party shall have the right to acquire by
assignment from the holder of such security interest any and all
contract rights, accounts receivable, negotiable or non - negotiable
instruments, or other evidence of Trustor's indebtedness for such
Equipment or fixtures, and, upon acquiring such interest by
assignment, shall have the right to enforce the security interest
as assignee thereof, in accordance with the terms and provisions of
the Washington Uniform Commercial Code then in effect, and in
accordance with any other provisions of law.
(4) Whether or not Beneficiary has paid the indebtedness
secured by or taken an assignment of such security interest,
Trustor covenants to pay all sums and perform all obligations
secured thereby, and if Trustor at any time shall be in default for
a period of ten (10) days under such security agreement, it shall
be a material breach of Trustor's covenants under this Deed of
Trust, and Beneficiary may, at its option, declare the principal
sum secured hereby immediately due and payable, time being of the
essence.
(5) To the extent that any of the Trust Property
constitutes a fixture, this Deed of Trust shall serve as a fixture
filing pursuant to the Washington Uniform Commercial Code.
39. Business Purpose. Trustor represents and warrants
to Beneficiary that the transactions evidenced by the Note, the •
Security Agreement and this Deed of Trust are solely for
commercial, investment or business purposes and are not for
personal, family or household purposes.
40. Solvency, Binding Effect and Enforceability. The
Trustor is (and, after the giving of this Deed of Trust, will be)
solvent. This Deed of Trust is the legal, valid and binding
obligation of the Trustor enforceable in accordance with its terms.
26
DBLA- 166100L.1
January 2, 1997
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41. Trustee Acceptance. Trustee accepts this trust when
this Deed of Trust, duly executed and acknowledged, is made a
public record as provided by law.
42. Attorney's Fees. Trustor shall be responsible for
the payment of any and all attorney's fees incurred in any and all
claims, actions, proceedings, arbitrations, bankruptcy proceedings
and suits arising out of or in connection with the enforcement of
Beneficiary's rights under this Deed of Trust and any other Loan
Documents, to the extent Beneficiary is the prevailing party in
such claim, action, proceeding or suit.
IN WITNESS WHEREOF, Trustor has duly executed this Deed
of Trust the day and year first above written.
27
b`i.s. ,.: � • �t,.uata. ism'. �f" n�L:¢' s�o.' .ri.a:dislv%+yi'.Ji'
BIG FOOT RESTAURANTS, INC.,
a Washington /gorporation
By:
Name:
Title:
�ot ,r� e.; ✓�
DBLA- 166100L.1
December 5, 1996
;
IN WITNESS WHEREOF I h Areunt• s-t my hand and
official seal the day and year f rst above w •4.,i11 . y
a
}
._
STATE OF WASHINGTON)
ss.
COUNTY OF Kr q
On this ._._( day of Y , 1996, before
me, the undersigned, a Notary Public in and for the State of
Was.ix gt n duly and sworn, personally appeared
�� h( r ' be the person who signed
as �/ of ile Ag yi6 the corporation that
executed the within and fore4oing instrut, and acknowledged said
instrument to be the free and voluntary act and deed of said
corporation for the uses and purposes therein mentioned, and on
oath stated that 11C was duly elected,
qualified and acting as said officer of the corporation, that
At was authorized to execute said instrument and
that the seal affixed, if any, is the corporate seal of said
corporation.
OT Y PUB IC in
fate of
M
Expires: 105 e t
T srElae P. Lukens
28
and for the
residing at
Appointment
DBLA- 166100L.1
December 5, 1996
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EXHIBIT A
(Description of Premises)
The land referred to in this commitment is located in the County
of King, State of Washington, and described as follows:
_ Those portions of Lots 5, 6, 27, 28 and 29 of Block 4, First
Addition to Adam's Home Tracts, according to the plat recorded in
volume 12 of Plats, page 50, records of King County, Washington,
described as follows:
Beginning on the easterly margin of State Highway No. 1 (Pacific
Highway South), 23.75 feet northeasterly from its intersection
with the south line of said Lot 5; thence south 82 degrees 09'25"
east, 217.66 feet to the southeast corner of said Lot 6; thence
south 1 degree 05'28" west, along the easterly line of said Lot
27, 162.36 feet; thence north 82 degrees 09'25" west, 271.80 feet
to said easterly margin; thence north 20 degrees 06'38" east,
along said easterly margin, 165.00 feet to the point of
beginning.
Together with an easement for access and utilities across the
west 30 feet of the east 90 feet of that portion of said lot 27.
29
DBLA- 166100L.1
January 2, 1997
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Exhibit A -1
(Description of Ground Lease)
That certain Building Lease dated March 21, 1978, by and
between Pasquale Verdi, Frank Desimone, Jr. and Louis Desimone,
individuals, as Lessor, and Big Foot Restaurants, Inc., a
_ Washington corporation, as Lessee, as amended by an agreement
entitled "Guaranty of Lease -- Big Foot Restaurants, Inc.," dated
March 21, 1978.
30
DBLA- 166100L.1
January 2, 1997
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9803270425
Document TWO) p) (or tno racdocs amtsie.d Weis): t•11.o....14..aa. w yew 4.8.0.. e Alm 111.4
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t. Assignment of Mortgage
lid:mace Member (s) of Doasmsats aeslgDad or Mooed:
instu No. 970114 -0177
Adeide..t Moses rs to Fero et torn eet
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Gtsasarts) CLANK ono tiut. new fits ore odWaia)
L trig Foot Restaurants. Inc
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1 ' Frnchise Mortgage Acceptance Z a p Cosepsey LLC
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n Aanis�.t rd i s on 44i4 _ _aaee••ea- •
Assessor's Property Tax Pat+aUAorueot Ptember
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❑ AW.w 004-100-525 r a
7134 443414.014..cedas will oily to it i stou etim molted ca me Soo. no oed •ig no no M
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Re.wrs,Addreset
CHICAGO TITLE ItiS. CD.
171 N. CLARK ST. •
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ss....a.a t• =:=�. WASHINGTON STATE ILECORDP.2 Corer
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RECORD AND RETURN TO:
FRANCHISE MORTGAGE ACCEPTANCE
COMPANY LLC
Five Greenwich Office Past:
Grcrnwtth, Cooneakul 06131
ATTN: Chief of Operation
Rafenne: 0,791 14-0177
ASSIGNMENT OF MORTGAGE
Borrower. Big Foot Restaurants, Inc.
Store No: 2373
FOR VALUE RECEIVED, FRANCHISE MORTGAGE ACCEPTANCE COMPANY LLC
( "FMAC ") having an office at Five Greenwich Office Park, Greenwich, CT 06831 does hereby
irrevocably contribute, transfer, grant, bargain, mil!, convey and assign to FMAC LOAN
RECEIVABLES TRUST 1997 -A ("FLRT 1997 -A'7 having an once do Wilmington Trust Company,
Rodney Square North, 1100 N. Market Street, Wilmington, Delaware, 19890, Attention: Corporate Trust
Department, its successors and assigns, absolutely and not as collateral security, without recourse or
warranty, express or implied, all of its right, title and interest in and to those certain instruments
described in Exhibit "A" hareto, together with the debt secured thereby, and all its right, title and interest
in and to the property therein described (collectively, the "Assigned Instruments, Debt and Rights"), and
further,
FOR VALUE RECEIVED, FLRT 1997 -A, does hereby irrevocably pledge, transfer, grant,
bargain, sell, convey and assign to FIRST BANK NATIONAL ASSOCIATION, ( "FBNA") in its
STATE OF CONNECTICUT
) SS:
COUNTY OF FAIRFIELD
N 1 hereby certify that on this i s day of June, 1997, before me, a Notary
G Public in aforesaid County, personally appeared Pc tIE A. personally known
jt.• to me, who being by me duly sworn did say that she is ViCC. 0041 of FRANCHISE
ts1 MORTGAGE ACCEPTANCE COMPANY LLC which executed the above instrument, and that the seal
2 afftxed to said instrument was signed and sealed on behalf of said entity and acknowledged said
m instrument•to be her free act and deed of said entity.
•
STATE OF DELAWARE
COUNTY OF
I hereby certify that on this 1 1 day of June, 1997, before me, a Notary
Public in aforesaid County, personally appeared ROSEl�(I 1a�}(FY Qcrsoaalfy �n1 own to
me, who being by me duly sworn did say that s/he is nanaal rvieea rear of
Wilmington Trust Company, the trustee of FMAC LOAN RECEIVABLES TRUST 1997 -A which
executed the above instrument, and that the seal affixed to said instrument was signed and sealed on
behalf of Wilmington Trust Company, the trustee of FMAC LOAN RECEIVABLES TRUST 1997 -A
and acknowledged said instrument to be his/her free act and deed of said entity.
(SEX!
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ACKNOWLEDGMENT
SS:
CLAMS , AisANM
NNW MIN
orootwassatowr11.
NOTMY PUBLIC
AMMrML 1 w
•
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1997.
Attest:
■, Witness �1;JaQ1JOM.lJfUL
Attest:
Witness: j r (VIAL . -
Name:
Title:
capacity as indenture trustee pursuant to that certain indenture of trust dated June 1, 1997 between FLRT
1997 -A and FBNA, as the same may
be supplemented and amended from time to time ( "the Indenture"), having an office at 180
East Fifth Street, St. Paul, MN 55101, Attention: Structured Finance, its successors and assigns, without
t7'
o recourse or warranty, express or implied, as collateral security, all of its right, title and interest in and to
c the Assigned Instruments, Debt and Rights.
IN WITNESS WHEREOF, this assignment has been duly executed as of the ) 1 day of June,
UPON SATISFACTION of the conditions described in the Indenture, FLRT 1997 -
A shall be entitled to a termination of this assignment and a reassignment of the collateral
hereby assigned.
FRANCHISE MORTGAGE ACCEPTANCE
COMPANY LLC
NL
Pierrette A.`Newmart
Vice President
FMAC LOAN RECEIVABLES TRUST
1997 -A by Wilmington Trout Company, not
in its individual capacity but solely in its
capacity ',Trustee of FMAC LOAN RECEIVABLES
TRUST 1997 -A.
By:
Name: Bowline IC. Malley
Title: Senior Finantul SaricesOJccr
car
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•
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17
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1. That certain MORTGAGE dated 1/3/97 in the amount of S535,000 executed by Big Foot
Restaurants, Inc. (hereinafter referred to as " Mortpgor") to Franchise Mortgage Acceptance
C , Company LLC (hereinafter referred to as "Mortgagee"), filed for record in the Office of the
O Recorder, King County, WA as instrument No. 970114-0177.
CO
0) 2. That certain Pledge and Security Agreement dated 1/3/97 executed by Mortgagor, a Debtor, and
Mortgagee, as Secured Party.
3. All other instruments and document: evidencing. securing. or otherwise related to the Secured
Promissory Mortgage Note made by Mortgagor to Mortgagee dated in the original amount of
S535,000.
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r.rrlinti DOCUMENT TO
• It: rint INSURAMCt COMPANY
• frrx cLARit STALE'?
C ILLINOIS 6060)
ATM LOREnA MR? '
•
` * " "'"
LAND TITLE COMPANY OF PUGET SOUND, LLC
January 08, 2003
Windermere Real Estate
Attn: Scott Otey
13106 SE 240th St. #200
Kent, WA 98031
Commonwealth
Re: Order No.: 600 - 10086839
Your Reference No.: 15036 Tukwila Intl Blvd, Tukwila
Cover Page
WA.09.01.00
Title Officer:
Buyer /Borrower(s):
Seller(s):
Subject Property:
Richard Jones
Order Summary
Thank you for placing this order with Commonwealth Land Title Company of Puget
Sound. If you need assistance on this file, please contact:
Rich Jones (425) 646 -3510 richardjones @landam.com
Miranda Gibson (425) 646 -5390 mirandagibson @landam.com
1- 800 - 455 -1105
Fax: (425) 646 -3513
Additional copies have been sent to:
Commonwealth Land Title, Tom Durbin
Frank Desimone and Lisa Rose Desimone and Frank Desimone Jr. and
Louis Desimone
15036 Tukwila International Boulevard, Tukwila, WA 98188, King
County
Commonwealth Land Title Company of Puget Sound
14450 NE 29th Place, Suite 200, Bellevue, WA 98007
Phone: 800 - 455 -1105 Fax: 425-646-3513
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Issued by
Commonwealth Land Title Insurance Company COMMITMENT FOR TITLE INSURANCE
Commonwealth Land Title Insurance Company, a Pennsylvania corporation, herein called the Company, for a valuable consideration, hereby commits
to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or
mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges
therefor; all subject to the exceptions and conditions and stipulations shown herein, the Exclusions from Coverage, the Schedule B exceptions, and the
conditions and stipulations of the policy or policies requested. (See the following pages for printed Exclusions from Coverage and Schedule B exceptions
contained in various policy forms.)
This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been
inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement and is subject to
the Conditions and Stipulations.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and
terminate 180 days after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the
failure to issue such policy or policies is not the fault of the Company.
NOTE: THE POLICY COMMITTED FOR MAY BE EXAMINED BY INQUIRY AT THE OFFICE WHICH ISSUED THE COMMITMENT, AND A
SPECIMEN COPY OF THE POLICY FORM (OR FORMS) REFERRED TO IN THIS COMMITMENT WILL BE FURNISHED PROMPTLY UPON
REQUEST.
Attest:
Commitment Cover - WA (Revised 11/02)
NF.14.01.01; SC No.: 11727
Secretary
Commonwealth Land Title Insurance Company
By:
7.
COMMITMENT CONDITIONS AND STIPULATIONS
Order No.: 10086839
President
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 and Conditions and Stipulations 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 matters listed below each policy form are expressly excluded from the coverage of that policy and the Company will not pay loss or damage, costs,
attorneys' fees or expenses which arise by reason thereof.
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10- 17 -92)
Order No.: 10085839
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise
by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or
relating to (i) the occupancy, use or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a
separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of
any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, hen or
encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power
not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, hen or encumbrance resulting from a violation or alleged
violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which
has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
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, not recorded in the public records at Date of Policy, but known to the
insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c)
resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the pnonty of the
lien of the insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein as to assessments for street improvements
under construction or completed at Date of Policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the
insured mortgage.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of
the indebtedness, to comply with applicable doing business laws of the state in which the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon
usury or any consumer credit protection or truth -in- lending law.
6. Any statutory lien for services, labor or materials (or the claim of pnority of any statutory lien for services, labor or materials over the lien of the insured mortgage) ansing
from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds
of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance.
7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state
insolvency, or similar creditors' rights laws, that is based on:
(a) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or
(b) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine or equitable subordination; or
(c) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the
failure:
(i) to timely record the instrument of transfer; or
(ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10- 17 -92)
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise
by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or
relating to (i) the occupancy, use or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a
separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the affect of
any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which
has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
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, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by
the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy.
4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state
insolvency, or similar creditors' rights laws, that is based on:
(a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the
failure:
(i) to timely record the instrument of transfer; or
(ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
Commitment Cover - WA (Revised 11/02)
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SCHEDULE OF EXCLUSIONS FROM COVERAGE (continued)
AMERICAN LAND TITLE ASSOCIATION HOMEOWNER'S POLICY OF TITLE
INSURANCE FOR A ONE -TO -FOUR FAMILY RESIDENCE (10- 17 -98)
In addition to the Exceptions in Schedule 8, You are not insured against loss, costs, attomeys' fees, and expenses resulting from:
1. Govemmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning:
(a) building
(b) zoning
(c) Land use
(d) improvements on the Land
(e) Land division
(f) environmental protection
This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date.
This Exclusion does not limit the coverage described in Covered Risk 14, 15 16, 17 or 24.
2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of
building codes if notice of the violation appears in the Public Records at the Policy Date.
3. The right to take the Land by condemning it, unless:
(a) a notice of exercising the right appears in the Public Records at the Policy Date; or
(b) the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking.
4. Risks:
(a) that are created, allowed, or agreed to by You, whether or not they appear in the Public records;
(b) that are Known to You at the Policy Date, but not to Us, unless they appeared in the Public Records at the Policy Date;
(c) that result in no Toss to You; or
(d) that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 25.
5. Failure to pay value for Your Title.
6. Lack of a right:
(a) to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
(b) in streets, alleys, or waterways that touch the Land.
This Exclusion does not limit the coverage described in Covered Risk 11 or 18.
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attomeys' fees or expenses which anse
by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or
relating to (i) the occupancy, use or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a
separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of
any violation of these laws, ordinances or govemmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power
not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged
violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which
has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company,
not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date
the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy;
or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured
by this policy.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of
the indebtedness, to comply with applicable doing business laws of the state in which the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon
usury or any consumer credit protection or truth -in- lending law.
6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured
lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws.
Commitment Cover - WA (Revised 11/02)
CLTA STANDARD COVERAGE LOAN POLICY 1990
Order No,: 10086839
SCHEDULE B STANDARD EXCEPTIONS
Order No.: 10086839
SCHEDULE B EXCEPTIONS APPEARING IN ALTA OWNER'S POLICY - STANDARD COVERAGE
AND CLTA STANDARD COVERAGE LOAN POLICY
1. Taxes or assessments which are not now payable or which are not shown as existing liens by the records of any taxing authonty 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, nghts, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by
persons in possession, or claiming to be 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 of the land would disclose, and which are not shown
by the public records.
5. Any lien, or right to a lien, for labor, material, services or equipment, or for contnbutions to employee benefit plans, or liens under Workmans' Compensation Acts, not
disclosed by the public records.
6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) Indian treaty or aboriginal rights, including, but not
limited to, easements or equitable servitudes; or, (d) water rights, claims or title to water, whether or not the matters excepted under (a), (b), (c) or (d) are shown by the
public records.
7. Right of use, control or regulation by the United States of America in the exercise of powers over navigation; any prohibition or limitation on the use, occupancy or
improvement of the land resulting from the rights of the public or riparian owners to use any waters which may cover the land or to use any portion of the land which is
now or may formerly have been covered by water.
8. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity, or garbage collection or disposal, or other utilities unless disclosed
as an existing lien by the public records.
SCHEDULE B EXCEPTIONS APPEARING IN ALTA OWNER'S POLICY - EXTENDED COVERAGE
1. Taxes or assessments which are not now payable or 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. Underground easements, servitudes or installations which are not disclosed by the public records.
3. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) Indian treaty or aboriginal nghts, including, but not
limited to, easements or equitable servitudes; or, (d) water rights, claims or title to water, whether or not the matters excepted under (a), (b), (c) or (d) are shown by the
public records.
Right of use, control or regulation by the United States of America in the exercise of powers over navigation; any prohibition or limitation on the use, occupancy or
improvement of the land resulting from the rights of the public or ripanan owners to use any waters which may cover the land or to use any portion of the land which is
now or may formerly have been covered by water.
Any service, installation, connection, maintenance or construction charges for sewer, water, electricity, or garbage collection or disposal, or other utilities unless disclosed
as an existing lien by the public records.
SCHEDULE B EXCEPTIONS APPEARING IN ALTA HOMEOWNER'S POLICY OF TITLE
INSURANCE (10- 17 -98) - STANDARD COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
1. 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 which may be asserted by
persons in possession, or claiming to be in possession, thereof.
2. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey of the land would disclose, and which are not shown
by the public records.
3. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) Indian treaty or aboriginal rights, including, but
not limited to, easements or equitable servitudes; or, (d) water rights, claims or title to water, whether or not the matters excepted under (a), (b), (c) or (d) are shown by
the public records.
4. Right of use, control or regulation by the United States of America in the exercise of powers over navigation; any prohibition or limitation on the use, occupancy or
improvement of the land resulting from the rights of the public or riparian owners to use any waters which may cover the land or to use any portion of the land which is
now or may formerly have been covered by water.
S. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity, or garbage collection or disposal, or other utilities unless disclosed
as an existing lien by the public records.
SCHEDULE B EXCEPTIONS APPEARING IN ALTA HOMEOWNER'S POLICY OF TITLE
INSURANCE (10- 17 -98) - EXTENDED COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
1. Underground easements, servitudes or installations which are not disclosed by the public records.
2. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) Indian treaty or aboriginal rights, including, but
not limited to, easements or equitable servitudes; or, (d) water rights, claims or title to water, whether or not the matters excepted under (a), (b), (c) or (d) are shown by
the public records.
3. Right of use, control or regulation by the United States of Amenca in the exercise of powers over navigation; any prohibition or limitation on the use, occupancy or
improvement of the land resulting from the rights of the public or riparian owners to use any waters which may cover the land or to use any portion of the land which is
now or may formerly have been covered by water.
4. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity, or garbage collection or disposal, or other utilities unless disclosed
as an existing lien by the public records.
Commonwealth Land Title Insurance Company is a Pennsylvania corporation, a wholly owned subsidiary of LandAmerica Financial Group, Inc., and is in no way affiliated or
connected with Commonwealth Title Company of Pierce County, Washington.
Commitment Cover - WA (Revised 11/02)
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Commonwealth
LAND TITLE COMPANY OF PUGET SOUND. LLC
1. Effective Date: December 30, 2002 at 8:30 AM Commitment No.: 600 - 10086839
2. Policy or Policies to be issued:
Owner's Standard - Commercial Rate
Proposed Insured:
Amount: TO BE DETERMINED
Premium: TO BE DETERMINED
ALTA Extended Loan - Simultaneous Issue Rate
Proposed Insured:
Amount: TO BE DETERMINED
Premium: TO BE DETERMINED
3. Title to the fee simple estate or interest in the land described or referred to in this
Commitment is at the effective date hereof vested in:
Frank Desimone, Sr. and Lisa Desimone, husband and wife and Frank Desimone, Jr. and
Louis Desimone, as their separate estate
4. The land referred to in this Commitment is described as follows:
See Exhibit A attached hereto.
By Authorized Signature
Commitment for Title Insurance
NF.14.02.07; SC No.: 11727
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
Order No.: 10086839
Page 1 of 9
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es AC.. :wuat.4;: 4.1i4 Jti:•w • :u` is '••:'t r�i :.t: 7t u%t
THOSE PORTIONS OF LOTS 5, 6, 27, 28 AND 29, BLOCK 4, FIRST ADDITION TO ADAM'S
HOME TRACTS, AS PER PLAT RECORDED IN VOLUME 12 OF PLATS, PAGE 50, RECORDS
OF KING COUNTY AUDITOR, DESCRIBED AS FOLLOWS:
BEGINNING ON THE EASTERLY MARGIN OF STATE HIGHWAY NO. 1 (PACIFIC HIGHWAY
SOUTH) 23.75 FEET NORTHEASTERLY FROM ITS INTERSECTION WITH THE SOUTH LINE
OF SAID LOT 5;
THENCE SOUTH 82 °09'25" EAST, 217.66 FEET TO THE SOUTHEAST CORNER OF SAID
LOT 6;
THENCE SOUTH 01 °05'28" WEST, ALONG THE EAST LINE OF SAID LOT 27, 162.36 FEET;
THENCE NORTH 82 °09'25" WEST, 271.80 FEET TO SAID EASTERLY MARGIN;
THENCE NORTH 20 °06'38" EAST, ALONG SAID EASTERLY MARGIN, 165.00 TO THE POINT
OF BEGINNING;
EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF TUKWILA BY DEED
RECORDED UNDER RECORDING NO. 20020416003153;
SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON.
EXHIBIT A
Order No.: 10086839
SCHEDULE B
Order No.: 10086839
REQUIREMENTS: Instruments necessary to create the estate or interest to be properly executed, Z
delivered and duly filed for record. i •
EXCEPTIONS: Schedule B of the Policy or Policies to be issued will contain exceptions to the 1
following matters unless the same are disposed of to the satisfaction of the Company.
A. Standard exceptions set forth on the Commitment Cover. 6= o
co 0
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 N ►
prior to the date the proposed Insured acquires for value of record the estate or interest or w O
mortgage thereon covered by this Commitment. g
SPECIAL EXCEPTIONS: g
0a
1. Real Estate Excise Tax pursuant to the authority of RCW Chapter 82.45 and subsequent z w
a mendments thereto. Z 1
As of the date herein, the tax rate for said property is 1.78 %. z o
w
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2. GENERAL PROPERTY TAXES and SERVICE CHARGES, as follows, together. with. interest,... ________. 0 o
penalty and statutory foreclosure costs, if any, after delinquency: o -.
(1st half delinquent on May 1; 2nd half delinquent on November 1) w
w
Tax Account No.: 004100 -0525 1-- p
Year Billed Paid Balance u- o
2003 Not available ili
2002 $ 0.00 $9,445.28 $0.00 H H
O
NOTE: General taxes and related charges for 2003 are not payable or available at this time.
Please contact the office of the County Assessor - Treasurer for further information.
Total amount due, not including interest and penalty: $0.00.
Levy Code: 2413
Assessed Value Land: $485,800.00
Assessed Value Improvements: $213,200.00
(Covers portion of property herein described and other property)
3. GENERAL PROPERTY TAXES and SERVICE CHARGES, as follows, together with interest,
penalty and statutory foreclosure costs, if any, after delinquency:
(1st half delinquent on May 1; 2nd half delinquent on November 1)
Tax Account No.: 004100 -0680
Year Billed Paid Balance
2003 Not available
2002 $ 0.00 $14,053.64 $0.00
NOTE: General taxes and related charges for 2003 are not payable or available at this time.
Please contact the office of the County Assessor - Treasurer for further information.
Commitment for Title Insurance
Page 3 of 9
Z
6. MATTERS SET FORTH BY SURVEY:
RECORDED:
RECORDING NO.:
DISCLOSES:
SCHEDULE B (continued)
Total amount due, not including interest and penalty: $0.00.
Levy Code: 2413
Assessed Value Land: $769,200.00
Assessed Value Improvements: $270,900.00
- (Covers portion of property herein described and other property)
4. RESERVATIONS OF ALL COAL AND MINERALS.
Order No.: 10086839
RESERVED BY: GULF OIL CORPORATION
RECORDED: JULY 8, 1974
RECORDING NO.: 7407080154
NOTE: The above referenced Deed is recorded to correct the term of the petroleum
restriction shown in Deed recorded May 21, 1974 under Recording No. 7405210255.
5. CITY OF TUKWILA ORDINANCE NO. 1510 AND THE TERMS AND CONDITIONS THEREOF:
RECORDED: MARCH 30, 1989
RECORDING NO.: 8903300383
REGARDING: LAND USE - RESTRICTIONS
OCTOBER 18, 1978
7810189001
THE NORTHERLY BOUNDARY LINE OF
THE PROPERTY HEREIN DESCRIBED
7. MORTGAGE AND THE TERMS AND CONDITIONS THEREOF:
MORTGAGOR: FRANK DESIMORE, JR.
MORTGAGEE: FRANK DESIMORE, SR. AND LISA
DESIMORE, HUSBAND AND WIFE
AMOUNT: $ 80,000.00
RECORDED: FEBRUARY 17, 1981
RECORDING NO.: 8102170480
Investigation should be made to determine the present balance owed by contacting the
appropriate lender /agency /individual.
(Covers property herein described and other property)
THE MORTGAGEE'S INTEREST IN THE ABOVE MORTGAGE MAY BE MERGED WITH THE
LEGAL TITLE TO THE LAND. THE AUTHORIZED MORTGAGEE MUST EXECUTE AND RECORD
A PROPER SATISFACTION OF MORTGAGE.
Commitment for Title Insurance
Page 4 of 9
4.44 .
suaudiYt i Sad 3�:u •;vs
8. MORTGAGE AND THE TERMS AND CONDITIONS THEREOF:
MORTGAGOR:
'MORTGAGEE:
AMOUNT:
RECORDED:
RECORDING NO.:
Investigation should be made to determine the present balance owed by contacting the
appropriate lender /agency /individual.
The above instrument also shows the following:
MORTGAGEE'S ADDRESS:
9. MEMORANDUM OF LEASE:
LESSOR:
LESSEE:
DATED:
RECORDED:
RECORDING NO.:
NOTE: The above referenced instrument contains an easement in the legal description to
benefit the property herein described.
10. FINANCING STATEMENT AND THE TERMS AND CONDITIONS THEREOF:
SECURED PARTY:
DEBTOR:
COVERS:
RECORDED:
RECORDING NO.:
SCHEDULE B (continued)
FRANK DESIMONE, SR. AND LISA
DESIMONE, HUSBAND AND WIFE AND
FRANK DESIMONE, JR. AND LOUIS
DESIMONE, AS THEIR SEPARATE
ESTATE
PASQUALLE VERDI, A SINGLE MAN
$150,000.00
AUGUST 30, 1983
8308300870
C/O BRUCE E. DUROCHER, PS
16704 PACIFIC HIGHWAY S., STE. A
SEATTLE, WA 98188
FRANK DESIMORE, SR. AMD FRANK
DESIMORE, JR. AND LOUIS DESIMORE
BIG FOOT RESTAURANTS, INC.
DECEMBER 17, 1996
DECEMBER 18, 1996
9612181189
FRANCHISE MORTGAGE ACCEPTANCE
COMPANY, L.L.C.
BIG FOOT RESTAURANTS, INC.
PERSONAL PROPERTY AND FIXTURES
LOCATED WITHIN SAID PREMISE
JANUARY 14, 1997
9701140109
Order No.: 10086839
NOTE: The above referenced instrument contains an easement in the legal description to
benefit the property herein described.
Commitment for Title Insurance
Page 5 of 9
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SCHEDULE B (continued)
The financing statement was assigned.
LAST ASSIGNEE:: FIRST BANK, N.A.
RECORDED: AUGUST 21, 1997
RECORDING NO.: 9708210700
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LAST ASSIGNEE'S ADDRESS: 180 E. 5 ST., ST. PAUL, MN 55101 v v 0
NOTE: A continuation statement has been filed. w w
RECORDED: OCTOBER 30, 2001 v� L
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11. DEED OF TRUST, SECURITY AGREEMENT AND ASSIGNMENT OF RENTS AND FIXTURE = d
FILING AND THE TERMS AND CONDITIONS THEREOF: z
GRANTOR: BIG FOOT RESTAURANTS, INC. O
TRUSTEE: CHICAGO TITLE j Q
..BENEFICIARY: FRANCHISE MORTGAGE ACCEPTANCE
COMPANY, L.L.C. 0
ORIGINAL AMOUNT: $535,000.00 = w w
DATED: JANUARY 3, 1997 v
RECORDED: JANUARY 14, 1997 LL i=
RECORDING NO.: 9701140177
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The above instrument also shows the following:
RECORDING NO.: 20011030000036
ASSIGNEE: FMAC LOAN RECEIVABLE TRUST 1997 -A
RECORDED: MARCH 27, 1998
RECORDING NO.: 9803270425
ASSIGNMENT OF THE DEED OF TRUST:
Order No.: 10086839
NOTE: The above referenced instrument contains an easement in the legal description to
benefit the property herein described.
SAID ASSIGNMENT OF DEED OF TRUST IS A RE- RECORD OF THE ASSIGNMENT OF DEED OF
TRUST RECORDED ON OCTOBER 23, 1997, UNDER RECORDING NO. 9710230353.
The above instrument also shows the following:
ASSIGNEE'S ADDRESS: RODNEY SQUARE NORTH, 1100 N.
MARKET ST., WILMINGTON, DE 19890
12. Pursuant to RCW 58.17.060, the Real Property as described herein may not comply with
local subdivision ordinance; the company does not provide coverage for loss by reason of
this matter.
Commitment for Title Insurance
Page 6 of 9
z
Note 2:
Note 3:
Commitment for Title Insurance
SCHEDULE B (continued)
Order No.: 10086839
13. ANY DISPUTES, ENCROACHMENTS, EASEMENTS AND CLAIMS ARISING FROM THE FACTS
that the legal description herein contained in said commitment does not accord with the
legal description of King County treasurer.
14. Unrecorded leaseholds, if any; rights of vendors and holders of security interests on
personal property installed upon the land; and rights of tenants to remove trade fixtures at
the expiration of the term.
15. Matters affecting security interests in personal property which may be disclosed by a search
of the Uniform Commercial Code (UCC) records at the Washington State Department of
Licensing in Olympia.
16. Matters relating to the questions of survey, rights of parties in possession, and unrecorded
lien rights for labor and material, if any, the disposition of which will be furnished by
supplemental report.
Note 1: The records disclose that the vested owner may currently be using a name which
varies from the way title was acquired. If so, any instrument must be executed in
the name of Frank Desimone, Sr., who acquired title as Frank Desimone, in order to
impart constructive notice.
The records disclose that the vested owner may currently be using a name which
varies from the way title was acquired. If so, any instrument must be executed in
the name of Lisa Desimone, who acquired title as Lisa Rose Desimone, in order to
impart constructive notice.
The Company has been asked to issue simultaneous policies without disclosure of the
liability amounts. This commitment shall be effective only when the amounts of the
owner's and lender's policies committed for has been inserted in Schedule A hereof.
The forthcoming owner's policy must be issued in an amount at least equal to the full
value of the estate insured in accordance with our rating schedule on file in the office
of the Washington State Insurance Commissioner.
The Company may have further requirements if the undisclosed amount to be
insured exceeds the current assessed valuation.
Note 4: Title will be vested in parties yet to be disclosed. When title is vested, their title will
be subject to matters of record against their names.
Page 7 of 9
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SCHEDULE B (continued)
Order No.: 10086839
Note 5: The legal description submitted has been modified to comply with the public records
and to reflect the parties presumed intent. Closing instructions must indicate that
the legal description has been reviewed and approved by all parties to this
transaction.
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Note 6: The public records disclose that at the date of this Commitment there is located on w
the land: W j
a Commercial Building structure o
known as: co °
co w
15036 Tukwila International Boulevard, Tukwila, WA 98188 tu
CD u_
to
Note 7: The following may be used as an abbreviated legal description on the documents to
be recorded, per amended RCW 65.04. SAID ABBREVIATED LEGAL DESCRIPTION IS u.
NOT A SUBSTITUTE FOR A COMPLETE LEGAL DESCRIPTION WITHIN THE BODY OF = a
THE DOCUMENT. F- _
zI._
A potion of Lots 5, 6, 27, 28 and 29, Block 4, Adams Home Tracts First Addition, Vol. 0
12, Pg. 50 w
D
Note 8: WHEN SENDING DOCUMENTS FOR RECORDING, VIA U.S. MAIL OR SPECIAL o cn :
COURIER SERVICE, PLEASE SEND TO THE FOLLOWING ADDRESS, UNLESS SPECIFIC o l--
ARRANGEMENTS HAVE BEEN MADE WITH YOUR TITLE UNIT: = w
Commonwealth Land Title Company of Puget Sound
L I o
1200 Sixth Avenue, Suite 100 w z
Seattle, WA 98101
U (D
ATTN: Recording Dept. Y
COMMONWEALTH PRE - ADDRESSED ENVELOPES MAY STILL BE USED WHEN z
SENDING DOCUMENTS VIA TDS (TITLE DELIVERY SERVICE) TO THE ADDRESS ON
THE FACE OF THE COMMITMENT COVER PAGE OR TO THE ABOVE ADDRESS.
Commitment for Title Insurance
(END OF EXCEPTIONS)
Page 8 of 9
SCHEDULE B (continued)
Order No.: 10086839
Investigation should be made to determine if there are any sewer treatment capacity charges or if
there are any service, installation, maintenance, or construction charges for sewer, water or
electricity.
In the event this transaction fails to close, a cancellation fee will be charged for services rendered
in accordance with our rate schedule.
Unless otherwise requested or specified herein, the forms of policy to be issued in connection with
this Commitment will be the ALTA 1998 Homeowner's Policy, the ALTA 1992 Lender's Policy, or, in
the case of standard lender's coverage, the CLTA Standard Coverage Policy - 1990. The Policy
committed for or requested may be examined by inquiry at the office that issued the Commitment.
A specimen copy of the Policy form(s) referred to in this Commitment will be furnished promptly
upon request.
Commonwealth Land Title Insurance Company is a Pennsylvania corporation, a wholly owned
subsidiary of LandAmerica Financial Group, Inc., and is in no way affiliated or connected with
Commonwealth Title Company of Pierce County, Washington.
RMK /rmk
enc.
Sketch
Vesting Deed
Paragraphs
all recorded matters
Commitment for Title Insurance
Page 9 of 9
.ui. »:auau_.:as,;
THIS SKETCH IS PROVIDED, WITHOUT CHARGE, FOR YOUR INFORMATION. IT IS NOT INTENDED TO SHOW ALL MATTERS RELATED
TO THE PROPERTY INCLUDING, BUT NOT LIMITED TO, AREA, DIMENSIONS, EASEMENTS, ENCROACHMENTS OR LOCATIONS OF
BOUNDARIES. IT IS NOT A PART OF, NOR DOES IT MODIFY, THE COMMITMENT OR POLICY TO WHICH IT IS ATTACHED. THE
COMPANY ASSUMES NO LIABILITY FOR ANY MATTER RELATED TO THIS SKETCH. REFERENCE SHOULD BE MADE TO AN
ACCURATE SURVEY FOR FURTHER INFORMATION.
SECTION: 22 TOWNSHIP: 23N RANGE: 04E
nho es ANW
1
2111.011
198308300866
SPECIAL WARRANTY DEED
pasqualle verdi
angelina verdi
frank desimone lisa desimone
and for their successors in interest do by these presents
•st wit ....1• mutt tht tutenants of the deed to thaw herein e•prc••ed. and eacludr all cotentints arising or to
.Irla• I•• .t.uun•t■ or other imrlieatinn. and d,• liereh■ eatrnant that against all persons whomsocvei lawfully
tLuunut.11 to tlatnt by. thrnuth or under .and ttranrur5 and not otherwise. they will fore•er warrant and
.Ii it n.i 111e ..11,l tics,nhttf real ••tate.
�t �1 rrtt
' tt (4. 1 ^
t:F : t
a I
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Ott Ow. ,I.I■ j•et.rn.111t arrearr.l ht hit I mr PascTualle Verdi and Angelina Verdi, each
dcaTincr in their se1.wArat:' * t.at.e,
1. 1114 l n t.•'tr the 11i•In1.IuaIS ,!Banks,! tit .•ld u h. , ear, tut ,1 the w:thin and forrcutn instrument. and
.i�An•••t ;. .t1• 1 :! „it they •t01..1 the • ..me a• their tree and toluntar• att and deed. for the
•t. • • n, I••.•. • •h•••Im Mt lit
.It of rSt3'U =t, 1
\••,.•t 1'r. l:!rt I•: air.: i . !I•. %fvllt .0 14 .i•I Masser.
l III tdi a\ ItnliS, P1St?UALLE VERDI, a single man, and ANGMINA VERDI, a single woman,
each dealing in their separate estate, e �
I..: And in „•1i. 1,f. f.,,.,..1 of ten dollars and other good and sufficient considwxt n r
Y.ti • . in hand raid. &r.IniS . n.Ir/;.unS , •illS , tonte∎ S , and eu
FRANK DESIMMN>::, SR., and LI'DA DESI NE, his wife,
(/••'' (. �• %~'r�i f � � • t:
�J 'tit i' .,'C.titg dt'., til•t 1V.11 estai e. situated in the I Mill)\ .•t King Aec 30 14 • fl'
,r, J
W u..1,1•••••:•••••:
'77) i t . •
. Those portions of Lots 27 through 29, Block 4, First Addition to Adam's •
Plane Tracts, recorded in Volume 12 of Plats, page 50, in King County, 1.1ash-
-.- ington, lying Southerly of the following described line: caTrencing 162.36'
S of the NE corner of Lot 27; thence N 82°09'25” 14, 271.80' to the Ely 0680
re-, margin of State Highway No. 1 (Pacific Highway South) =Fin the South
100' of the East 60' cf Lot 27.
Parcel B:
Those portions of Lots 5, 6, 27, 28 and 29 of Block 4, First Addition
to Adam's Hare Tracts, according to the plat recorded in Volume 12 of
Plast, page 50, in King County, Washington, described as follows:
Beginning on the Ely margin of State Highway N.b. 1 (Pacific !iiahway South)
23.75' NEly from its intersection with the S line of said Lot 5; thence 0 SIS
S 82 °09'25 E, 217.66' to the SE corner of said Lot 6; thence S 1 °05'28" U,
along the Ely line of said Lot 27, 162.36'; thence N 82 °09'25" W, 271.80'
to said Ely margin; thence N 20 °06'38" E, along said Ely margin, 165.00'
to the true point of beginning.
7701190153
Statutory warranty deed
aldo samboni frank desimone
orla darling
lisa desimone
THE GRANTOR ALDO A. SAMBONI, as Executor of the Estate of
ORLA DARLING, deceased,
far and in consideration of Ten Dollars and other good and baluable considerations
in hand paid. conveys and warrarts to FRANK DESIMONE and LISSA ROSE DESIMQNE, his wi f
PAT VERDI and ANGELINA VERDI, his wife,
the fallowing described real estate, situated in the County of King , State o!
Washington •
Portions of Lots 5 and 6 lying south of the following described line:
Beginning on the east margin cf State Highway 11, 23.75 feet northeasterly
of intersection with the south line of said Lot 5; thence southeasterly
in a straight iine to the soutneast corner of. Lot 6: .ALSO Lots 27. 28
and EXCErT the south 2)0 fact as measured along said State Highway,
EXCEPT the east 60 feet of said Lot 27, AND EXCEPT portion granted for
State Highway :1. ALSO the east u0 feet of said Lot 27, EXCEPT the
south 100 feet thereof, ALL IN Block 4, First Addition to Adams Home
Tracts as per plat recorded in volume 12 of plats, page 50, records
or King County, Washington.
Iri 1.'r1 is given tr fulftlltnent of that certain real estate contract between the parties hereto,
•:Pyt February 19 . 19 75 , and 'onditloned for the conveyance of the above
,r•io» s t,ropert;,and the covenants of warranty herein contained shall not apply :o any title,
•.r Fncumbranee arising L1, tnrough or undet the purchascr in said contract, and shat( no:
, :; r • " taxt•s, a or other charges levied, assessed or becoming due subsequent
.. •• dat•• ••4 said contract.
Excise Tax paid under nu :er 293.07.
Dated this
ski; TO PAIL (?FI :".'Rice AFt' I49
Pon,: .J r(E? OR.:; G; ;:ise,)K
_ .�........_..._._ ._._ . DCPUTY
I \ f E. nF W.;- H INGp;N,
• ,t
of Yi -.
Or: :!::s day p:. :7riPy Appeased te.fvre me ALDO A. Sr.MBO!:I
• me t,no•s" t be the 14 ,,:iv, dual descr,hed in and who executed the wit:dr. cnd foregoing instrument, and
.t:kr.• whd:rd t%vt••. • •e signed the same as h'.r fray and volurtary act and deed, for the
:.�•t and csrpr4es there, ,mentioned
,;I \'EN +:rote; •n !rand and official seal this
lOch day of January,•)l977,
% i
�L wry (SALT
' Fxeci,tor for rst.'te of nr] a Darling,
Deceased.
10
iay ci January, 197 i.
( SAL)
t 0:cr.• . 1..ifi( rn and lot Mr .State o; 14'a:hint:us.
rer:ding a: S' = E. ` t i.
7808180694
Transamerica Corporation
Filed for Record at Request of
Name . .hiline realty
Address. le ' 42e4.... Ia..II -S t. f S o
frank desimone lisa desimone
louis desimone
Form No. W.96.1
:Pnvaw Form No. 457.
Statutory Warranty Deed
THIS SIACL I C• USE.
l •
E _r
IIII 'Hi 11',
THE GRANTOR a Fr _r.'r_ re.iacne sr. and Li s esin c ne , his . ..rife
for and in consideration of Ten Dollars
in hand paid, conveys and warrants to Ink De Si=c jr. and Louis �es'i =cne each as
tc their separate _•tate
the following described real estate, situated in the County of ?; i r.3 , State of
Washington: .n uridivi'ie3 int.e.•est in the following d scribed ^c; erty;
rti :ns cf Lc :s 5,6,27,22 and 29 of blcck 4, Firs•.
C . 2 t ^acts, ie i er Flat recorded in vcluze 12 of d_,e 5C,
. lecor ds of . , . ~
ln0 ':cun"t, • ashi.ngtcn, 3"3cribed is fc_lc :ms; _
the '.3 a
:beryl argin of State ' N
:i5 :.V ..c. 1 ( is
:l�ti :'J.ly *cut = ), 23.73 '- nc:th3.3ter1Z: r fro,- ..
its i_ersectic' .vitti
tre scut: line of sal :i lct 5; thence Scuth E2 C9'25" Fast, ^ 5'25" 217 46
`.
feet to the southeast corner cf sail let 6; er.ce 'c lC "
.lc.ni the e s : r1;J line of sa. ] lot 27, 152.3;.: feet; . rc `h' S2
5'25" '?et, 2 feet to �;'1 :3 :.sterl;J -ar-in �crt ^ ^ 2C`C6'
';111 .. y _ � - - '' j
e t, %long sail aisle :•1 ._ :� ^sir.. 1c;..0 feet to the true Fci ^.t
• cf , :Ei - ring.
ease.o.ert for access ar.a uti. es ac. c.ss the west 3 feet of
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Dated this
AXA
AUG 18 1978
day of
,19 7E.
STA .OF:ZWASHINGTON. KING CO Deputy
County of p•
COMP1ROLLER
• 'I
Oa th!s day pe'rscnaliy appeared before me Fr _ . = .. _ .. . _ i r.: r. • e
to sae, known to be t6i individual S described in ..nd wbo executed the within and foregoing instrument, and
acircelatedge0 fiat tr. signed the same as free and voluntary act and deed, for the
uses ad 'purposes therein mentioned.
GIVEN under my hand and official sezl this _ , n day of i , 19 7,:
zry Public in cud Jo, the Slate ci Warkisgtoa,
strict:Ng ut •
� . 1
20020416003153
After recording return document to
City of Tukwila
6300 Southcenter Blvd., Suite 100
Tukwila, WA 98188
E1879853
04/18/2002 16:14
KING COUNTY, WA
Document Title Warranty Deed SAAR $2;00 PACE 001 OF 002
Grantors FRANK DESIMONE SR AND LISA wi:onviinvn, nusoana ana wife,
FRANK DESIMONE, JR , a single man, and LOUIS DESIMONE, a single man
Grantee CITY OF TUKWILA
Legal Description Lots 5, 6, 27 -29, Blk 4, First Addition to Adams Home Tracts,
Vol 12, pg 50
Additional Legal Description is on Exhibit A of Document
Assessor's Tax Parcel Number 004100 - 0525 -07
Segregation of taxes required by RCW 84 60 070
WARRANTY DEED
1111111111
20020416003153
BUTTERFIELD, K {JD 1
PAGE 001 OF 006
04/16/2002 16.14
KING COUNTY, WA
The Grantors, FRANK DESIMONE, SR. AND LISA ROSE DESIMONE,
husband and wife, FRANK DESIMONE, JR., a single man, and LOUIS
DESIMONE, a single man, for and in consideration of the sum of TEN AND NO /100
($10 00) DOLLARS, and other valuable consideration, hereby conveys and warrants to
the CITY OF TUKWILA, a Washington municipal corporation, the following
described real estate, situated in King County, in the State of Washington, to the same
extent and purpose as if the nghts herein granted had been acquired under Eminent
Domain statutes of the State of Washington.
See Exhibit A attached hereto and made a part hereof
Also, the Grantor requests the Assessor and Treasurer of said County to set over
to the remainder of the hereinafter described, the lien of all unpaid taxes, if any, affecting
the real estate herein conveyed, as provided for by RCW 84 60.070
F A No STPUL 99
Page 1 of 3 pages Parcel No 15
III �
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WARRANTY DEED
It is understood and agreed that delivery of this deed is hereby tendered and that
the terms and obligations hereof shall not become binding upon the City of Tukwila
unless and until accepted and approved hereon in writing by the City of Tukwila, and
indicated by the signature of the City Mayor, below
Dated
GRANTORS
Frank Desi
Date: 1/
one, one, r.
Z r /e/
Lisa Rose Desim ne
Date l/ /,� D /
Fra Desimone, Jr
Date' /l /SO/
s esi ne
Date /` O1
Accepted and Approved
CITY OF TUKWILA
By:
�'t12A74.)
teven M Mullet
Mayor
Date 3/c)-1 J c2 -
F A No STPUL 99
Page 2 of 3 pages Parcel No 15
da:.4 - 1.0 .. .. ..... ,.
WARRANTY DEED
STATE OF WASHINGTON
County of k' i N Cs-
ss
On this 5 rn-, day of //p L vA4 , 2001, before me personally
appeared Fra44 Jc ±Sint, 4 ./ Sr
/. S & JC i YY1 )ti-'�.. ,
GIAA G .& i jug -e 1 Jr , and
5 leg hitnt-s2.-- , to me known to be the
individuals described in and who executed the foregoing instrument, and acknowledged
that they signed the same as their free and voluntary act and deed, for the uses and
purposes therein mentioned
GIVEN under my hand and official seal the day and year last above written
Imo_! A_J/
Notary (print name) : I = it r
Notary Public i and for the State of Washington,
residing at r �
My Appointment expires / -/Q 3'o
F A No STPUL 99
Page 3 of 3 pages Parcel No 15
144 .u�:= �+::orl;-.5n' yWtw�:
PARCEL 15
ACQUISITION LEGAL DESCRIPTION
ALL THAT PORTION OF THE FOLLOWING DESCRIBED PARCEL "A"
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL "A ",
THENCE NORTH 20 ° 07'07" EAST 39.26 FEET ALONG THE
EASTERLY RIGHT -OF -WAY MARGIN OF TUKWILA INTERNATIONAL
BOULEVARD(PACIFIC HIGHWAY SOUTH),
THENCE SOUTH 0 ° 00'00" EAST 8.50 FEET;
THENCE SOUTH 22 ° 14'24" WEST 30.71 FEET TO THE SOUTH
LINE OF SAID PARCEL "A ";
THENCE NORTH 88 ° 10'51" WEST 1.88 FEET TO THE POINT OF
BEGINNING.
ALL WITHIN SECTION 22, TOWNSHIP 23 NORTH, RANGE 4 EAST,
W.M. KING COUNTY, WASHINGTON
5
PARCEL "A"
EXHIBIT A
THOSE PORTIONS OF LOTS 5, 6, 27, 28 AND 29 OF BLOCK 4,
FIRST ADDITION TO ADAM'S HOME TRACTS, ACCORDING TO THE
PLAT THEREOF RECORDED IN VOLUME 12 OF PLATS, PAGE 50,
IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING ON THE EASTERLY MARGIN OF STATE HIGHWAY NO.
1 (PACIFIC HIGHWAY SOUTH) 23.75 FEET NORTHEASTERLY
FROM ITS INTERSECTION WITH THE SOUTH LINE OF SAID LOT
THENCE SOUTH 82 °09'25" EAST, 217.66 FEET TO THE
SOUTHEAST CORNER OF SAID LOT 6; THENCE SOUTH 1 ° 05'28"
WEST ALONG THE EASTERLY LINE OF SAID LOT 27, 162..b';
THENCE NORTH 82 °09'25" WEST, 271.80 FEET TO SAID
EASTERLY MARGIN;
THENCE NORTH 20 °06'38" EAST, ALONG SAID EASTERLY
MARGIN, 165.00 TO THE TRUE POINT OF BEGINNING.
4S`:'=kt . 6 as e. s£ ;3L e? .iv ik .:. - .u;aau.
2002 041 600315
NOTICE: IF THE DOCUMENT IN THIS FRAME IS LESS CLEAR THAN
THIS NOTICE IT IS DUE TO THE QUALITY OF THE DOCUMENT.
Mosier Nafoeal Title Inufnote Colony
WASNINOTON TITLI DIVISION
Filed for Record at. ..equest of
In ToPioneer National Title Ins. Co.
719 - 2nd Avenue
CO
Seattle. Washington 98104
Escrow 970205 EM
THE GRANTOR ,
Yips suet rising° IOt tI_Ornlr V5i
RF'ORDEO
r �� REQUEST OF
9974 ,L1' 8 Au R 00
CA '- •
9N
nc ell "
CORRECTION DEED
Statutory Warranty Deed
(CORPORATE FORM
GULF OIL CORPORATION, a Pennsylva1<,;.. corporation,
fur and in consideration of TEN ($10. 00) DOLLARS, and other good and valuable considerations
in hand paid. conveys and warrants to PAT VERDI and ANGELINA VERDI, his wife, and
FRANK DESIMONE and LISA ROSE DESIMONE, his wife,
the kiJoadsgrabsccibettreal estate, situated in the County of King State of
Washington, more particularly described in the Exhibit "A" attached hereto and made
a part hereof.
SUBJECT TO: (1) Any facts and conditions that an accurate survey or pers_nal
inspection of the premises would reveal; (2) any and all easements. covenants,
conditions, restrictions, reservations and rights of record, zoning laws and
regulatory ordinances in effect at title transfer, and 1974 taxes and assessments,
if any; and (3) the restrictions set forth in the attached Exhibit "B" made a part
hereof.
This deed is being recorded to correct the term of the petroleum restriction from
twenty -five years to two years as shown in deed recorded May 21, 1974, in the
Office of the Director - Records & Elections, King County, Washington, under File
No. 7405210255.
Excise Sales Tax paid under receipt No. E 261208
IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by its proper officers
\ ep!5{�reupto affixed this 27th day of
JU r 9 K ENZ1E
.1 A Ch ✓ a,
STATE CI. CALIFORNIA
COUNTY OF LOS ANGELES
WITNESS my hand and official seal.
.rotary Public ii. and for said
County and State
June, 1974.
SS.
On , 197.. , before me, a Notary Public in and
for said State, personally apnearedW. 11. ANDERSON, known to roe to
be the per ;on who executed the within instrument on behalf of the cor-
poration therein named, and acknowledged to me that such corporation
e:;ecutcd the within instrurnen: pursuant to its by -laws or a resolution
of its board of clirectc-s.
or r;r.,AL t.CAL
ELOISE S. DOERrLER
W, C. m^I13.4. 1 L' f.. , . ;;•n : I r ,
•rV[NYi STAMPS
FORM L59
R Ay .... ..... .
W. B. Anderson, Vice Pre,ic;ent and
General Manager of Gulf Oil Company -
California, a Division of Gulf Oil Corporation
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That portion of Lots 27, 28 and 29, Block 4, First Addition to Adams Home Tracts,
according to the plat recorded in Volume 12 of Plats, page 50, in King County,
Washington, described as follows:
Beginnine at a point on the Southerly line of said Lot 27, tiM!•h is 60 feet
Westerly from the Southeast corner of said lot; running thence Westerly along the
Southerly line of said Lot 27, 28 and 29, to the Easterly line of Pacific High':ay;
thence Northerly a!o g said Easterly line of Pacific Highway 200 feet; thence
Easterly parallel to the Southerly line of said , lock 4, to a point 60 feet
Westerly cf the Easterly line of said Lot 27; thence Southerly parallel to the
Easterly line of said Lot 27, to point of beginning.
GRANTOR RESERVES all nil. petroleum, natural gas, mineral rights and
other hydrocarbon substances lying below a depth of 500 vertical feet from
the surface of said land for the purpose of exploring for, extracting, miring,
boring removing or marketing said substances, however, without any right
of any entry upon the surface of said land.
,O
y P.
EXHIBIT "A"
o"
SS No. 1154
EXHIBIT "B"
As additional consideration to induce the undersigned to sign the 'within
Grant Deed, Grantees covenant for themselves. their heirs and assigns.
that no part of the real property first described herein, which is conveyed
to Grantees, shall be used by Grantees, their heirs and assigns,
for the purpose of conducting thereon any business of selling, handling or
dealing in gasoline, or otherwise, for the purpose of operating a business
commonly referred to as a "gasoline service station ". The foregoing
restriction shall terminate and be of no force and effect two (2)
years from the date of the recording of the herein Grant .Deed from Grantor
to Grantee.
It is understood by Grantees, their heirs and assigns, that upon a
breach of any of the foregoing restrictions, and in the event of failure to
remedy said breach witlu.: i.hirty (30) days after receipt of written notice
from Grantor, its successors and assigns, said real property shall
immediately revert to Grantor, its successors and assigns, and Grantor
shall have the right of immediate re -entry upon said real property upon the
event of such breach.
Provided, however, that a breach of any of the foregoing provisions or
covenants, or re -entry by reason of such breach, shall not defeat or render
invalid the lien of a mortgage or deed of trust made in good faith and for
value; and provided, further, that in the event of any sale of said property
by reason of foreclosure or sale or any mortgage or deed of trust, the fore-
going restrictions as to the use of said property shall remain in full force
and effect. • •
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WASHING TON
ORDINANCE NO /•S. D
` CITY OF TUKWILA
AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON.
ANNEXING CERTAIN REAL PROPERTY COMMONLY KNOWN AS
THE THORNDYKE ANNEXATION AREA, ADOPTING ZONING
AND LAND USE REGULATIONS FOR THE ANNEXED AREA,
PROVIDING THAT SAID ANNEXED AREA SHALL NOT BE
co
REQUIRED TO ASSUME ANY SHARE OF THE CITY'S EXISTING
0 INDEBTEDNESS, AND ESTABLISHING AN EFFECTIVE DATE.
O
CD
WHEREAS, the City Council of the City of Tukwila received a petition certified
as sufficient by the King County Prosecuting Attorney, calling for an election to vote
upon annexation of certain unincorporated territory contiguous to the City, and
WHEREAS, the City Clerk of the City of Tukwila determined that the signa-
tures on the petition were sufficient and filed the
j'!" r.;a a:awi «+a astir
�1-
WHEREAS, the City Council by Resolution 1081, passed July 18, 1988, approved
the proposed Thorndyke annexation area election- method annexation, and
WHEREAS, the SEPA responsible official for the City issued a Declaration of
Non - Significance, and
WHEREAS, pursuant to the provisions of RCW 35A.14.330 and 35A.14.340, the
City Council adopted Ordinance Nos. 1486, 1487 and 1488, providing for zoning and
and use regulations for the area to become effective upon annexation, and
WHEREAS, the King County Boundary Review Board approved the annexa-
lion in Pile No. 1538, dated December 8,. 1988, end
WHEREAS, the City Council in Resolution 1097, passed December 12, 1988,
approved the proposed Thorndyke annexation area election method and requested
an election date, and
WHEREAS. pursuant to King County Council Ordinance No. 8819, an election
was held in the area proposed for annexation on March 14, 1989. with the results of
said election being that the voters approved annexation together with the proposed
zoning and land use regulations and rejected assumption of the City's outstanding
indebtedness. and
WHEREAS, the County Canvattsing Board will submit the Statement of
Canvass to the King County Council, and this King County Council will enter its
finding with regard thereto, and a certified copy of the minutes reflecting such entry
will be transmitted, along with the certified abstract of the vote, to the City Clerk,
and
WHEREAS, the City Council has determined to annex the area proposed for
annexation without requiring it to assume any portion of the City's existing indebt-
edness,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS;
89'03/30 u0383 R
RECD F 8.00
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ROVED AS TO FOR, :
Filed with the City Clerk: J-.21- 8:P
Passed by the City Council: .6-.27- Pe
Published Valley Daily News: 3' 9/ - P9
Effective Date: 5 6. 89
Ordinance Number 13 o
•
1 aI. AU11 -n
THCIRNDYICE ANNEXATION ORDINANCE
Page 2
Section I. Annexation. The real property known as the Thorndyke Annexa-
tion Area, more particularly described on Exhibit A attached hereto, and shown on
Exhibit B attached hereto, both of which are incorporated herein by this reference as
if set forth in full, should be and hereby is annexed to and made a part of the City of
Tukwila as of ,,,.0P /s , 1989, and shall thereafter be subject to the zoning
and land use reginations as adopted in City of Tukwila Ordinance Nos. 1986, 1487
and 1488.
fita . 102 .... A irtumpt i Qp of Ittdebtednes:i. Pursuant to the results of the annexa-
tion election, the property within the territory annexed hereby shall not be required
to assume through assessment or taxes, any indebtedness, bonded or otherwise,
contracted prior to or existing as of the effective date of the annexation. Said prop-
erty shall be assessed and taxed at the same rate and on the same basis as property
within the City to pay for any bonds issued or other debts contracted subsequent to
the date of annexation.
Section 3. Effective Date. This ordinance shall be in force and effect five days
after publication of the attached Summary which is hereby approved.
PASSED BY THE CITY COUNCIL 0= THE CITY OF TUKWILA, WASH-
INGTON, at a special meeting thereof this ..Z7" -t day of 1989.
ATTEST/AUTHENTICATED:
Office of the City Att• ne ...- �
axine Anderson, City Clerk
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RSV. MAY 17, 1988
A parcel of land situated in Section 22, and in a portion of the
west 1/2 of Section 23, all in T23N, ME. W.M. described as
follows:
Commencing at the northwest comer of Section 23, T23N, R4E;
thence north 1n4 east. 30 feet to the easterly extension of
the north margin of South 144th Street and the TRUE POINT OF
BEGINNING;
thence continuing easterly along said easterly extension to the
east line of Primary S=ate Highway No. 1 as condemned under
Superior Court Cause No. 598539. records of King County, WA;
thence southerly along said east line to its intersection with the
centerline of 53rd Avenue South;
thence southerly along said centerline to its intersection with the
easterly extension of the north margin of South 151st street, said
centerline also being the Corporate Boundary of the City of Tukwila
as filed in the.office of the Secretary of State. in Washington
State per King County Commissioner's Resolution 423309, dated
10 11 -61;
thence westerly along said north margin and the westerly extension
thereof to the centerline of 51st Avenue South;
op thence southerly along the centerline of 51st Avenue South to the
rD
CD Court No. southerly margin of State Highway 518 as condemned under Superior
CD c,1 thence Cause
said r southerly g margin ytowAits intersection
with the east margin of 42nd Avenue South;
ON
thence southerly along said east margin to it intersection with the
u0 north margin of South 160th Street;
thence westerly along sa;.d north margin to the east margin of
Pacific Highway South;
thence northerly along said east margin to the north margin of
South 144th Street;
thence easterly along said north margin to the 'TUB POINT OF
BEGINNING.
.THORNDYK
EXHIBIT A
.rjuvy• UU0
10750IElegal.doc
5/27/2003
Page 1
LEGAL DESCRIPTION
INGRESS AND EGRESS EASEMENT
The West 30 feet of the East 90 feet of that portion of Lot 27, Block 4 of First Addition to
Adams' Home Tracts, as recorded in Volume 12 of Plats, page 50, Records of King County,
Washington, lying South of the following described line:
COMMENCING at the Northeast corner of said Lot 27;
THENCE South 01°06'17" West along the East line thereof 162.36 feet to the POINT OF
BEGINNING;
THENCE North 82 °09'08" West, 270.14 feet to the Easterly margin of State Highway No. 1
(Pacific Highway South) and the terminus of the herein described line.
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INGRESS /EGRESS 30 �I L
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File: P: \10000s \10750 \survey \10750EXH01.dwg Dote/Time: 05/28/2003 08:15 Scale: 1 =60 sflink Xrefs:
Job Number
10750
Sheet
1 of
Drown SRF
mew RWG
ooa 5/28/03
t 18215 72ND AVENUE SOUTH
t KENT. WA 98032
(425)251 -6222
w (425)251 -8782 FAX
y(13 0• CIVIL ENGINEERING. Uum PUMQID+Q
o�r �NQ exo� SaNRVEf30. ENVIRONMENTAL SERVICES
Title:
INGRESS /EGRESS
EASEMENT EXHIBIT
uxw+ v.. e. �v.: ww. rx,. ik.+• Ht.. wt- :. +.w.v�: n
Project Name: KFC -Taco Bell
September 5, 2003
RWG/Jss
10750L.007.doc
LEGAL DESCRIPTION
ADDITIONAL RIGHT -OF -WAY DEDICATION
All that portion of Lot A of City of Tukwila Boundary Line Adjustment No. L03 -038, as recorded
under Recording No. , Records of King County, Washington, more
particularly described as follows:
COMMENCING at the Northwest corner of said Lot A;
THENCE South 20° 07' 27" West along the West line of said Lot A and East margin of Tukwila
International Boulevard, a distance of 80.67 feet to the POINT OF BEGINNING;
THENCE CONTINUING South 20° 07' 27" West along said West line and East margin, a distance
of 45.08 feet;
THENCE South 00° 00' 19" West, 8.50 feet;
THENCE North 22° 14' 44" East, 42.02 feet;
THENCE North 01° 54' 16" West, 11.94 feet to the POINT OF BEGINNING.
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cNi DEDICATION
N00'00'19 "E
63 8.50
L_v I C:
File: P: \10000s \10750 \survey \10750EXH03.dwq Date/Time: 09/05/2003 10:48 Scale: 1 =30 pwolloce Xrefs:
Scale:
Horizontal 1 "= 30' Vertical
18215 72ND AVENUE SOUTH
A �t S KENT, WA 98032
.L (425)251 -6222
•
(425)251 -8782 FAX
CIVIL ENGINEERING, LAND
PLANNING, SURVEYING,
ENVIRONMENTAL SERVICES
Designed
I Drawn CAD
For:
CITY OF TUKWILA
Title:
RIGHT -OF -WAY
DEDICATION
Job Number
10750
Sheet
1 of 1
Checked RWG Approved RWG I Dote 9/05/03
saw *Mr
9612181189
memorandum of lease
1996, by and betwee
"Lessors ")'and Big F
1. This
between Lessors and
subject to the terms
described in Exhibit
2. The to
options to renew.
3. The
repair, taxes. asses
Lease.
4. Assi
the Lessors.
IN WITNESS WHE
first above written.
4252518782
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MEMORANDUM OF LEASE
OF LEASE is made and entered into this J 7 day of December,
Frank Desimone, Sr., Frank Desimone, Jr., and Louis Desimone (the
Restaurants, Inc., a Washdngton corporation (the "Lessee ").
a memorandum of a lease entered into on March 21, 1978 by and
Lessee (hereinafter referred to as the "Lease "), pursuant to which, and
which, the Lessee has the right to occupy the real property legally
attached hereto and incorporated by this reference.
of the Lease ends on November 20, 1998. There are two (2) Hve year
se provides that the Lessee shall pay all costs of maintenance and
nts and charges of any nature with respect to the premises subject to the
of the lease, under certain circumstances, require the consent of
OF, the parties hereto have set their hands and seals the day and year
BARGHAUSEN
PAGE 02/05
B
•
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II
J
25/07/2003 14:31 4252518782
•
LESSEE
BIG FOOT RES
STATE OF WAS
.COUNTY OF KIN
1 certify that
Desirnone, Jr., and
acknowledged that
voluntary acts for
DATED:
MEMORANDUM
S INC.
GTON
) ss.
I know or have satisfactory evidence that Frank Desimone, Sr., Frank
is Desimone are the persons who appeared before me, and said persons
signed this instrument and acknowledged it to be their free and
uses and purposes mentioned in the instrument.
_k , /9
P LEASE 2
BARGHAUSEN
, eq
NOTARY PUBLIC in and for te S
of Washington, Residing at
/..sw 19, Vern Le#42)E"
(Printed or Stamped Name of Notary)
My appointment expires
PAGE 03/05
05/07/2003 14:31 4252518782 - BARGHAUSEN
STATE OF WAS
COTJNTY OF KIN
l certify that
who appeared befo
oath stated that he
President of Big F
uses and purposes
DATED:
NIE/v1ORANDtJM
know or have satisfactory evidence that John R. Hoehl, Jr. is the person
me, and said person acknowledged that be signed this instrument. on
as authorized to execute the instrument and acknowledged it as the
t Restaurants. Inc. to be the free and voluntary act of such party for the
' ned in the instrtunent.
GTON)
) ss:
F LEASE
3
/** PAGE 04/05
NOTARY Finnic in and for
of Washington, Residing at
Terence P. Lama
(Printed or Stamped Name of Notary)
My appointment expires /Pp ? 9
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211342646104/A11112.111-1141114'4441"/Igdita4da•AiklaIMILL■atagALXJU4..Ulgar b.../■*.-st■irrr--■s+ o. et. .■, .1.....4156LAXa
9612110S
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NOTICE: IF THE DOCUMENT IN THIS FRAME IS LESS CLEAR
THIS NOTICE IT IS DUE TO THE QUALITY OF THE DOCUMENT.
4'
•
Project Name: KFC -Taco Bell
August 8, 2003
Revised September 5, 2003
RWG/jss
10750L.006.doc
LEGAL DESCRIPTION
WATERLINE EASEMENT
All that portion of Lot A of City of Tukwila Boundary Line Adjustment No. L03 -038, as recorded
under Recording No. , Records of King County, Washington, more
particularly described as follows:
A strip of land, 15 feet in width, lying 7.5 feet on each side of the following described easement
centerline:
COMMENCING at the Northwest corner of said Lot A;
THENCE South 20° 07' 27" West along the West line of said Lot A and East margin of Tukwila
International Boulevard, a distance of 92.92 feet to the POINT OF BEGINNING;
THENCE South 69° 52' 33" East, 16.00 feet to the terminus of the hereinafter described easement
centerline.
I
att Q e t • �
1 " =30'
so
15' WATERLINE
EASEMENT
00'00'19 "E
8.50
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L. V 1 r�
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File: P: \10000s \10750 \survey \10750EXH02.dwq Date/Time: 08/11/2003 08:06 Scale: 1 =30 kmason Xrefs:
Scale:
Horizontal 1"=
30' Vertical
18215 72ND AVENUE SOUTH
KENT, WA 98032
(425)251 -6222
(425)251 -8782 FAX
CIVIL ENGINEERING, LAND
PLANNING, SURVEYING,
ENVIRONMENTAL SERVICES
Designed
I Drawn KMM
For:
CITY OF TUKWILA
Title: WATERLINE
EA SEM EN T
Checked RWG
Job Number
10750
Sheet
1
of
Approved RWG I Date 8/ l08/ i/03 f
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Document Title(s):
Ingress, Egress, and Emergency Vehicle
Access Easement
Assessor's Property Tax ParceVAccount Number:
004100 -0680 and 004100 -0525
Reference Number(s) of Documents assigned or released if applicable:
Additional reference numbers are on page of document.
Grantor(s) (Last name first, then first name and initials):
1. Frank Desimone
2. Lisa Rose Desimone
3.
4.
Grantee(s) (Last name first, then first name and initials):
1. Frank Desimone
2. Lisa Rose Desimone .
3. Frank Desimone, Jr.
4. Louis Desimone
Legal Description (abbreviated: i.e., lot, block, plat or section, township, range):
Additional legal is on pages 2 and 4 of document.
Lots 27 through 29, Block 4, First Addition to Adams' Home Tracts,
Volume 12, Page 50, King County, Washington
The Auditor /Recorder will rely on the information provided on the form. The staff will not read the
document to verify the accuracy or completeness of the indexing information provided herein. •
4.
1
Return Address:
R. William Glassey, P.L.S.
Barghausen Consulting Engineers, Inc.
18215 72nd Avenue South
Kent, WA 98032
(425) 251 -6222
Page 1 of 5
10750.004.doc
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INGRESS, EGRESS, AND EMERGENCY VEHICLE ACCESS EASEMENT
1. Frank Desimone, Lisa Rose Desimone, Frank Desimone, Jr., and Louis Desimone are
the owners of Lot A, described as follows:
Those portions of Lots 5, 6, 27, 28, and 29, Block 4, First Addition to Adams' Home
Tracts, as per plat recorded in Volume 12 of Plats, page 50, Records of King County
Auditor, described as follows:
BEGINNING on the Easterly margin of State Highway No. 1 (Pacific Highway South)
23.75 feet Northeasterly from its intersection with the South line of said Lot 5;
THENCE South 82° 09' 25" East, 217.81 feet to the Southeast corner of said Lot 6;
THENCE South 01° 06' 17" West, along the East line of said Lot 27, 162.36 feet;
THENCE North 82° 09' 25" West, 271.80 feet to said Easterly margin;
THENCE North 20° 07' 27" East, along said Easterly margin, 165.00 to the POINT OF
BEGINNING;
EXCEPT that portion thereof conveyed to the City of Tukwila by Deed recorded under
Recording No. 20020416003153;
Situate in the City of Tukwila, County of King, State of Washington.
2. Frank Desimone and Lisa Rose Desimone are the owners of Lot B, described as
follows:
Those portions of Lots 27 through 29 in Block 4 of First Addition to Adams' Home
Tracts, as per plat recorded in Volume 12 of Plats, page 50, Records of King County,
lying Southerly of the following described line:
BEGINNING 162.36 feet South of the N.E. corner of Lot 27; .
THENCE North 82° 09' 08" West, 271.80 feet to the Easterly margin of State Highway
No. 1 (Pacific Highway South);
EXCEPT the South 100 feet of the East 60 feet of Lot 27;
AND EXCEPT those portions thereof conveyed to the City of Tukwila by Deed
recorded under Recording Nos. 20020416003152 and 20020416003153;
Situate in the City of Tukwila, County of King, State of Washington.
3. For valuable consideration, the receipt of which is hereby acknowledged, the owners of
Lot B, hereby convey to the owners of Lot A, their heirs and assigns an Ingress, Egress,
and Emergency Vehicle Access Easement as described on the attached Exhibit "A ".
4. The Easement shall run with the land and shall inure to and bind the heirs, successors,
devisees, and assigns of the parties hereto.
5. The Easement shall be maintained to meet minimum Fire Department access road
standards.
Page 2 of 5
10750.004.doc
Dated this 24th day of September 2003.
i nk Desimone isa Rose Desimone
rank Desimone, Jr.
STATE OF WASHINGTON
COUNTY OF KING
I certify that I know or have sa
signed this instrument and a
mentioned in the instrumen
STATE OF WASHINGTON
COUNTY OF KING
COUNTY OF KING
I certify that I know or have
acknowledged it his free a
) s s.
I certify that I know or have satisfac
and acknowledged it his free
instrument.
nce that Frank Desimone and Lisa Rose Desimone
free and voluntary act for the uses and purposes
0 s ot
t f
s PUBUC i
• 1 WAS r
) ss.
vidence that
act for
�,�iiQ..��� • ' te r`%
f p *MAR), n;
4' : p .B...00
4 • PUBLIC
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STATE OF WASHINGTON ' p i% W A
ss.
ti cp s PUBLIC .'_
"A
'11 • Q P WASY a
Page 3 of 5
Louis Desimone
Notary b is in and for the State of
Washington residing at Kent, Washington
My Appointment Expires: August 19, 2006
Frank Desimone, Jr. signed this instrument
the uses and purposes mentioned in the
• - • u - ; is in and for the State of
Washington residing at Kent, Washington
My Appointment Expires: August 19, 2006
ence that Louis Desimone signed this instrument and
uses and p . poses mentioned in t : instrument.
ry Public in and for the State of
Washington residing at Kent, Washington
My Appointment Expires: August 19,2006
10750.004.doc
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EXHIBIT "A"
LEGAL DESCRIPTION
INGRESS, EGRESS, AND EMERGENCY VEHICLE ACCESS EASEMENT
The West 30 feet of the East 90 feet of that portion of Lot 27, Block 4 of First Addition to Adams'
Home Tracts, as recorded in Volume 12 of Plats, page 50, Records of King County, Washington,
lying South of the following described line:
COMMENCING at the Northeast corner of said Lot 27;
THENCE South 01° 06' 17" West along the East line thereof 162.36 feet to the POINT OF
BEGINNING;
THENCE North 82° 09' 08" West, 270.14 feet to the Easterly margin of State Highway No. 1 (Pacific
Highway South) and the terminus of the herein described line.
Page 4 of 5
10750.004.doc
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File: P: \10000s\ 10750 \survey \10750EXH01.dwg Dote/Time: 09/24/2003 10:58 'Scale: 1 =60 sflink Xrefs:
Job Number
10750
Sheet
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INGRESS. EGRESS & 30' 1
EMERGENCY VEHICLE4•
♦ ACCESS EASEMENT
/ / si s
/_�''/ ♦. -0 ♦
/ LOT B
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9/24/03
SOUTH 152nd STREET
4hq` feiP 18215 72ND AVENUE SOUTH
e KENT, WA 98032
(425)251 -6222
(425)251 -8782 FAX
'ho runt"
LOT A
CM DICIREERee. IAND PtMOMIG.
SURVEYING, ETMROKIIENTAL SERVICES
EXISTING
BUIDING
r
Title:
INGRESS, EGRESS &
EMERGENCY VEHICLE
ACCESS EASEMENT
EXHIBIT
a i a+ arwx ti ir. aW6141-444 sk , W01. . 4 .4;;%i z34 Cosa ' � ;: fn VV,Z5
STATE OF WASHINGTON
3%
COUNTY OF KING
The undersigned being duly sworn and upon oath states as follows:
1. 1 am the current owner of the property which is the subject of this application.
2. All statements contained in the applications have been prepared by me or my agents and are true and correct to the best of my
knowledge.
3. The application is being submitted with my knowledge and consent.
4. Owner grants the City, its employees, agents, engineers, contra ors or other representatives the right to enter upon Owner's real
property, located at Sehti t 10 3 ST: 4 P4C NG ‘00711
for the purpose of application review, for the limited time necessary to complete that purpose.
5. Owner agrees to hold the City harmless for any loss or damage to persons or property occurring on the private property during the
City's entry upon the property, unless the loss or damage is the result of the sole negligence of the City.
6. The City shall, at its discretion , cancel the application without refund of fees, if the applicant does not respond to specific
requests for items on the "Complete Application Checklist" within ninety (90) days.
EXECUTED at
SUBSCRIBED AND SWORN TO BEFORE ME ON THIS
CITY OF TUKWILA
Department of Community Development
6300 Southcenter Boulevard, Tukwila, WA 98188
Telephone: (206) 431 -3670 FAX (206) 431 -3665
E -mail: tukplaneci.tukwila.wa.us
AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS
PERMISSION TO ENTER PROPERTY
(city), (state), on , 20
/ re,
(Print Name)
66 z��
(Address)
(Phone Number)
'� _ t
(
ignature)
RECEIVED
2003
COMMUNITY
DEVELOPMENT
On this day personally appeared before me to me known to be the individual who executed
the foregoing instrument and acknowledged that he /she signed the same as his/her voluntary act and deed for the uses and purposes
mentioned therein.
DAY OF 20
NOTARY PUBLIC in and for the State of Washington
residing at
My Commission expires
r:xris.:1.i4,•440
,. a�}Ji`t. oU"" U'. �JC. r, �sieidni+ • vA. u?( ua7Ut ?�t•'a�tA'4:+�` c+,�ekf U:i
RECORDING. DOCUMENTS
The recording documents submitted for final approval must be in either letter, legal or record of survey
format (this size document requires a mylar original), meet all of the King County recording requirements
and contain the following signature blanks, where applicable. The standard signature blanks are included
in the AutoCAD template available from the City. If you choose not to use the template please reproduce
the applicable language accurately.
SIGNATURE BLANKS
Know all men by these present that we, the undersigned, owner(s) in fee simple of the land herein
described do hereby make a (BLA or Lot Consolidation) thereof. The undersigned further declare this
(BLA or Lot Consolidation) to be the graphic representation of said (BLA or Lot Consolidation) and the
same is made with the free consent and in accordance with the desire of the owner(s).
In witness ww reof we have set our hands and seals.
Name: Name:
Name:
OWNERS' DECLARATION
STATE OF WASHINGTON
County of King
(Provide a name blank for each owner and as many notary blanks as needed)
RECEIVED
COMMUNITY
ENT
On this day personally appeared before me &I $ loe t► rl•? onr�C a Lflr►;I QByn,o 4:0 m e
known to be the individual who executed the foregoing instrument and acknowledged that lie signed
the same as kis4rer voluntary act and deed for the uses and purposes mentioned therein.
?bean
GIVEN under my hand and official seal this ' 3 day of Uu/VQ_
20 D3
Signature: t
, ..•. 0 , i R. p Name of commission d•
�,��0 Gow" e-ro < . t. Title: �, /V L
3 � OTA, q .. • •. :. My appointment expires: 'V /0L/
▪ *' ms•a® : * "
N .. <.%). U o `' ,_ � w `
, � % g;� . 6S 3 , LAND SURVEYOR'S CERTIFICATE:
•• '••, , �fi WASN�. (If the document was prepared by a surveyor)
°a
Any survey submitted shall include a seal of and signature of the surveyor responsible for the survey and
final plat with the following statement:
Signature:
CITY OF TUKWILA
Department of Community Development
6300 Southcenter Boulevard, Tukwila, WA 98188
Telephone: (206) 431 -3670 FAX (206) 431 -3665
E tukplan@ci.tukwila.wa.us
APPLICATION
NAME OF PROJECT/DEVELOPMENT: t e_ 1 1
LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street,
and nearest intersection. LIST ALL TAX LOT NUMBERS.
) � (0 1 Q �a 1
j Qks )\ \q t,L, ,�n� o
Quarter: NA Section: Townships Range: ' -C E.
(This information may be found on your tax statement.)
DEVELOPMENT COORDINATOR :
The individual who:
• has decision making authority on behalf of the applicant in meetings with City staff,
• has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and
• is the primary contact with the City, to whom all notices and and reports will be sent.
Name: _ l Jl ,\ \\ et � .1•� v I a S S a./ t > . L. S
t
Address: C- \ f\rt (..),S a v\ Q ! ^ — n L9 Se.,
Phone: � c�i -� n Ste( -c r FAX 4 c�. t� / o2 S- / - 8 7 Q o�
Date: 2o Pi-der o 3
RECEIVED
BOUNDARY LINE
DEVELOP
COMMIJ JUSTMENT /LOT
CONSOLIDATION
FOR STAFF USE ONLY Sierra Type: P- BLA /LC
Planner:
File Number: 17 3'— 0
'7
`�
Application Complete
(Date:
)
Project File Number:
Application Incomplete
(Date:
)
Other File Numbers:
Signature:
CITY OF TUKWILA
Department of Community Development
6300 Southcenter Boulevard, Tukwila, WA 98188
Telephone: (206) 431 -3670 FAX (206) 431 -3665
E tukplan@ci.tukwila.wa.us
APPLICATION
NAME OF PROJECT/DEVELOPMENT: t e_ 1 1
LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street,
and nearest intersection. LIST ALL TAX LOT NUMBERS.
) � (0 1 Q �a 1
j Qks )\ \q t,L, ,�n� o
Quarter: NA Section: Townships Range: ' -C E.
(This information may be found on your tax statement.)
DEVELOPMENT COORDINATOR :
The individual who:
• has decision making authority on behalf of the applicant in meetings with City staff,
• has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and
• is the primary contact with the City, to whom all notices and and reports will be sent.
Name: _ l Jl ,\ \\ et � .1•� v I a S S a./ t > . L. S
t
Address: C- \ f\rt (..),S a v\ Q ! ^ — n L9 Se.,
Phone: � c�i -� n Ste( -c r FAX 4 c�. t� / o2 S- / - 8 7 Q o�
Date: 2o Pi-der o 3
RECEIVED
BOUNDARY LINE
DEVELOP
COMMIJ JUSTMENT /LOT
CONSOLIDATION
File: L03 -0038
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NOTICE: IF THE DOCUMENT IN THIS FRAME IS LESS CLEAR - THAN
THIS NOTICE IT IS DUE TO THE QUALITY OF THE DOCUMENT.
�a+ loam • 7am7
11 i00
OESIMONE'S SHELL
51282 SF±
51226 SF±
508 SF
TUKWILA INTERNATIONAL BLVD.
004100 - 0680 -0
SCALE IN FEET
T ACQUISITION
RIGHT -OF -WAY ACQUISITION
PERTEET
ENGINEERING, INC.
Civil and Transportation Consultants
n' RIGHT —OF —WAY PARCELS
PARCEL NUMBER 14
:fi .4.• 4,.442, 54'4.4rAO,V .oka,i4r o[
rawing
#1-2
20030930900012
BOUNDARY UNE ADJUSTMENT NUMBER L03-038
• • Know nil men by lime read that ow, the undersigned, 'oasis) in fee eras of doe ant • , •
" herein dSSdbSddO Way mats a laundry Adrelment thereof. The undirsignsd . .• •
• • : further adore this laundry UneAdastment to a the graphic represatelion of said laundry •
line hiatus** and the same is nude alb the free soment and in acardenco with the desire •
%traria wharf We hssMor hands and seals. •
• • .
Mama
K •DESIMONE ;'; ; ; ' FRAT4K ; DE
4204..t4. LadLhJ
ROSE DESIMONE ;
• STATE OF WASHINGTON • ,
Corey ofiCing : •, . . •
. . .
. . . • • . . - . . .
• . . • Oil ell dlY aPPOIred MOM in.J2dUMW:tr..—. •
to me imam to be the korlivIdur who executed the within and Ongoing Inaba's,* and
acknowledged thr halm signed the same as hart voluntary act and deed for la • .
• wee and prams train mentioned. • • ••. . •• • • • •
- . • . • • •- P, • • • •
* • • • •
141/4r, •
4--
ova under my hand and official seal this • '-3 20_123. •
• "
;;. : u�114 BOHM: I e
NOTAR( ' PURI ;
STATE Of WASi4lq*M1
WMMISMON s
Aut.IU8 •-• 2.7"
• .7 -
0 a e
•1
S STATEOF WASHINGTOti • '. - . • , ' . • . . •
County oqIcig : On this day person* armored before me FRANK nmunNF JR • ; •
, 5 5 • So me lemma be the indadual Woo executed the within and foregoing Instrument
' and acknowledged that Mahe 'Imola the same as hither voluntary act ad . •
.
' deed, for Wm was and Imposes therein' myna*, • P. • . .' • . . ' '. ,
.• . . •
. . GIVEN under ay hand and official sed this
' ' someorle . .
4&416fivErz .
.NOTAR/ PUBUC - Marna comassionad: ..3 Neo IN S
STATE OFWASHPIGTON
=AMMON EXPIRES
19 MI6 lid.: . ' )\. i tD,.'fa ' 4.
. : : . fitYlpaintiment arra Ze ) vit 1 nie,
STATE oF wAsuriOriet .
• On this day pram* spared before me LOUIS DESIMONE
• lo ma 'Mom la be the individuel who macula the orbit' and foregoing Instrument •
• and artmontedged that heals signed Ma MN as his/hsr voluntary act and
• dad, tattoo owe and purposes therein arras&
; 5 arena hand ondomod tia 6 ogaitl-t. 2003
_ _ _ _ , sig
JOLEEN SCHWEIZ
' NOTARY PUBLIC' ' as oorninissioned:Y)D1 0 IA:- r-ziAl.3(3
• STATE OF WASFINGTON •
COMMIEDIONDIPIEB • M .
: ... - .e.r wjf . 444 .. 4 . Title: •14
• *appointment arms: 5? )
•
19.1 br mood dins impel dis Clip Whir** No . 0. • •
daY0 01 * rentIN,4 and
niceided In Worm Wi 46 pqn/3/21.„, roods
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Icing Cooly Wow S I
LEGAL DESCRIPTION (Old) •
. .
. • PORTIONS Of LOTS 5 AND 6 LYING SOUTH OF THE
• FOIJ.OWING: DESCMBED UNE • . ' S • • 5 'BEGINNING ON THE EAST MARGIN OF STATE HIGHWAY R. • • • ,•
. • 23,75 FEET NORTHEASTERLY OF INTERSECT)ON: WITTi ME • • • • • •. •
; SOUTH UNE OF SAID LOT S; ' • - • •
; THENCE SOUTHEASTERLY W A STMGHT UNE TO THE:
SOUTHEAST CORNER OF, LOT 6; • . • -
ALSO,: LOTS 27,18;. AND 29;
•
• • (T 5 THE SOUTH SOUThtOO : FEET AS MEASURED; ALotio
• • SAID STATE HICKMAN, • ; .
-; EXCEPT THE EAST 60 FEET OF SND LOT 27; ,L
. MO EXCEPT POFMON GRANTED FOR STATE HIGHWAY
•,ALSO THE EAST 60 FEET OF SAD ' LOT ; 27, EXCEPT
; *SCAM 100 FEET. THEREOF; •
; 'Mr BLOCK 4, FIRST ADDITION TO ADAMS'. 'HOME
TRACTS AS PER PLAT RECORDED IN VOLUME 12 ; OF
:PACE 50, .RECORDS OF KING COUNTY,' WASHINGTON.
THE •
1)1 ATS• .
•
•
, • . • . •
TAX LOT 004100-0680 • , ; ••
, . . •
• ; THE'SOUTH tot FEET. AS MEASURED • ALONG STATE ; ; •
HIGHWAY 11, - OF LOTS • 27, : 28, AND 29;.. . • " •
• •
'EXCEPT THE EAST 60 SD LOT 27:-. . •
; AND • EXCEPT PORTION. GRANTED - FOR: STATE HIGHWAY; 11; . • • . ;
• •ALL': IN••BLOCK 4, FIRST ADDITION TO ADAMS' HOME TRACTS
AS PER PLAT. RECORDED IN:VOLUME'.12 OF PLATS, PACE 50.
• RECORDS. OF KING COUNTY, WASHINGTON. . • •
LC-GAL DESCRIPTION (New)
WT .A
TAX LOT 004100-0525 P•
THOSE PORTIONS OF LOTS 5, 8, 27, 28, AND 29, BLOCK 4,
FIRST ADDITION TO ADAMS' HOME TRACTS. AS PER PLAT RECORDED
IN VOLUME 12 • OF RATS, Eva 50, RECORDS OF KING COUNTY
'AUDITOR, DESCRIBED AS FOLLOWS:
S. 13E ON THE EASTER:, MARGIN. OF STATE HIGHWAY NO. 1
(PACIFIC HIGHWAY. SOUTH) 23.75 FEET NORTHEASTERLY: ITS
INTERSECTION WITH THE SOUTH UNE OF SAO LOT 5;
, THENCE SOUTH 87 09' Or EAST. 217.81 FEET TO THE SOUTHEAST
'CORNER OF SAID LOT 8;
THENCE SOUTH 01' 08' ir nor. ALONG THE EAST UNE OF SAID
LOT. 27, 182.38 FEET; '
TWICE NORTH 57 Or 08" WEST, • 271.80 FEET TO. SAID EASTaLY MARGIN;
THENCE NORM • 20' or 27 EAST, ALONG SAID EASTERLY MARGIN,
165.00 TO THE POINT OF BEGINNING;
WEPT THAT PORBON THEREOF CONVEYED TO THE COY OF TUlailth
BY DEED RECORDED UNDER RECORDING NO. 20020418003153;
• SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON.
trairusi" RANK. DESIMONE..R.; al.
N2opiat: P.O. BOX 68902
arafterfas; SEATTLE WA 98188 •
• . . • . • . • .
TREASURER'S C1121%141 • • • L.,: *
a properly hues are paid and that a deposit has ban made in summit amount to pay tho
Ye!; OM there are ne.delinquent 'pedal assessinants certified to this dna. for
all special asessementa on any of the property herein dedicated as shuts, alleys, or
Mee for
oollation; and
for other public use
THOSE PORTIONS OF LOTS 27 THROUGH 29 IN BLOCK 4 OF
FIRST ADDITION TO ADAMS' HOME TRACTS, AS PER PLAT RECORDED 114
VOLUME 12 •OF RATS, PAGE 50 IN KING COUNTY, Lila SOUTHERLY
OF THE FOLLOWING DESCRIBED UNE:
BEGINNING 182.38 FEET SOUTH OF THE N.E. CORNER OF LOT 27;
• • THENCE NORTH • 82' 09' 08" WEST, 271.80 FEET TO THE EASTERLY
MARGIN OF STATE HIGHWAY NO. 1 (PACIFIC HIGHOY SOUTH);
EXCEPT THE SOUTH 100 FEET OF THE EAST 60 FEET OF LOT 27;
All0 WEPT THOSE PORTIONS THEREOF COINEYED TO THE • CITY OF
TUKWILA BY: DEED RECORDED UNDER RECORDING NOS. 20020416003152
AND 20020418003153 .
SITUATE IN THE CITY OF TUIDWLA, COUNTY OF KING, STATE OF WASHINGTON.
0143 /03
•
Treader •NN King County Treasurer •
couNrt Assessors CERTIFICATE
Examined and approved by the Department el Assessments this
daY a00.1—.?
Nn 4/110////4 #4,1a,,a...t.
King County Assessor Deputy Assessor
Pared Number(s) nnatrio- 057 5 gt 014S 0
TUKWILA *oar smantioN commtrrEE APPROVAL
Rovirad and apprand by the Short Subdivision Canada and lullaby certified for film
thin 2 S S *or , 20 OS
Chapman, Short SubdiAsion Committee
• .,..moirt IMP. . •
• ;
, .
• • LAND SURVEYOR'S CEIGIFICATE S .
• . .
. .
* I, R. Valliant essay, reglabred as a land autveyor by the State of Washington, certify that
• this plat is bleed on an actual survey of the land ascribed horein, conducdd by me or under
my Supervision; Shat the distances, codas and angles are shown Wean comedy; and that • •
• monumsnts other then those monuments apprand for setting at a la ter data have been sat
„ and lot comers Mica on the ground as depided On the plat: •
• • •
#1414%A S BARMAUSEN CCNSLL1P4Q EN NC.
slth '111 1218 72ND MENUE 9OUTH
5
71
Ir` - 0202M-8222 CML ENGINEERING, LAND PLANNING.
.at ; MK WA 90032
V 444 '
no • 6425:01.47112 PAX SURVEYING, ENVIRONMENTAL SERVICES
DRAVR4 BY
CHECKED SY.
SITE
SURvEY IN NW1/4
OF SECTION 22, T. 2314.,Ft. 4 E,
WM.. IN KM COUNTY. WASHINGTON
JOB NUMBER
1
10750
2
op
DATE
05-e-03
30.N.8
S. ■411
City dTulatila .. '-. ' •• ';.• , ... .
• Deperknent et Casemunity Develament . . • • • • • - .'
:11aellinothesrawleuirrralidailke,WANIIS - . • '
Isisphens(281)411-3116MX(186)43141181.: . • • ' • . • • ,. •
R0 • : .,' . '. . .. .
. . . . . . .
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BOUNDARY LINE ADJUSTMENT NUMBER L03-038
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BAN:MAU/3EN CONBULIPIO ENGINEERS. INC.
00 . ' 3 la!eiri (425)20H1222 WA al°32 CML ENGINEERING, LAND MANNING,
(425)2514112 FAX SURVEYING, ENVIRONMENTAL SERVICES
10750
- •
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SURVEY IN NW 114
OF SECTION 22,T. ZS N,R. 4 E.,
WIL, IN KING COUNTY, WASHINGTON