Title Report
Form 5003353 (7-1-14) Page 1 of 10 Guarantee Number: 4222674 CLTA #14 Subdivision Guarantee (4-10-75)
Washington
First American Title Insurance Company
673 Woodland Square Loop SE, #407
Lacey, WA 98503
December 10, 2024
Vanessa Lewis
LGI Homes
12951 Bel-Red Road Ste 150
Bellevue, WA 98005
Phone:
Fax:
Title Officer: Tracy Comas
Phone: (360)350-6782
Fax No.: (866)343-5409
E-Mail: Title.Thurston.WA@FirstAM.com
Order Number: 4222674
Escrow Number: 4222674
Buyer: To Be Determined
Owner:
Property: 16330 & 16314 Railway Rd SE
Yelm, Washington 98597
Attached please find the following item(s):
Guarantee
Thank You for your confidence and support. We at First American Title Insurance Company maintain the
fundamental principle:
Customer First!
Form 5003353 (7-1-14) Page 2 of 10 Guarantee Number: 4222674 CLTA #14 Subdivision Guarantee (4-10-75)
Washington
Guarantee
Subdivision Guarantee
ISSUED BY
First American Title Insurance Company
GUARANTEE NUMBER
5003353-4222674
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDITIONS AND STIPULATIONS OF THIS
GUARANTEE,
FIRST AMERICAN TITLE INSURANCE COMPANY
a Nebraska corporation, herein called the Company
GUARANTEES
LGI Homes
the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability stated in Schedule A, which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A.
This jacket was created electronically and constitutes an original document
Form 5003353 (7-1-14) Page 3 of 10 Guarantee Number: 4222674 CLTA #14 Subdivision Guarantee (4-10-75)
Washington
SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE
1. Except to the extent that specific assurances are provided in
Schedule A of this Guarantee, the Company assumes no
liability for loss or damage by reason of the following:
(a) Defects, liens, encumbrances, adverse claims or other
matters against the title, whether or not shown by the
public records.
(b) (1) Taxes or assessments of any taxing authority that
levies taxes or assessments on real property; or, (2)
Proceedings by a public agency which may result in taxes
or assessments, or notices of such proceedings, whether
or not the matters excluded under (1) or (2) are shown
by the records of the taxing authority or by the public
records.
(c) (1) Unpatented mining claims; (2) reservations or
exceptions in patents or in Acts authorizing the issuance
thereof; (3) water rights, claims or title to water, whether
or not the matters excluded under (1), (2) or (3) are
shown by the public records.
2. Notwithstanding any specific assurances which are provided in
Schedule A of this Guarantee, the Company assumes no
liability for loss or damage by reason of the following:
(a) Defects, liens, encumbrances, adverse claims or other matters
affecting the title to any property beyond the lines of the land
expressly described in the description set forth in Schedule (A),
(C) or in Part 2 of this Guarantee, or title to streets, roads,
avenues, lanes, ways or waterways to which such land abuts,
or the right to maintain therein vaults, tunnels, ramps or any
structure or improvements; or any rights or easements therein,
unless such property, rights or easements are expressly and
specifically set forth in said description.
(b) Defects, liens, encumbrances, adverse claims or other matters,
whether or not shown by the public records; (1) which are
created, suffered, assumed or agreed to by one or more of the
Assureds; (2) which result in no loss to the Assured; or (3)
which do not result in the invalidity or potential invalidity of any
judicial or non-judicial proceeding which is within the scope
and purpose of the assurances provided.
(c) The identity of any party shown or referred to in Schedule A.
(d) The validity, legal effect or priority of any matter shown or
referred to in this Guarantee.
GUARANTEE CONDITIONS AND STIPULATIONS
1. Definition of Terms.
The following terms when used in the Guarantee mean:
(a) the "Assured": the party or parties named as the
Assured in this Guarantee, or on a supplemental writing
executed by the Company.
(b) "land": the land described or referred to in Schedule
(A)(C) or in Part 2, and improvements affixed thereto
which by law constitute real property. The term "land"
does not include any property beyond the lines of the
area described or referred to in Schedule (A)(C) or in
Part 2, nor any right, title, interest, estate or easement in
abutting streets, roads, avenues, alleys, lanes, ways or
waterways.
(c) "mortgage": mortgage, deed of trust, trust deed, or
other security instrument.
(d) "public records": records established under state
statutes at Date of Guarantee for the purpose of
imparting constructive notice of matters relating to real
property to purchasers for value and without knowledge.
(e) "date": the effective date.
2. Notice of Claim to be Given by Assured Claimant.
An Assured shall notify the Company promptly in writing in
case knowledge shall come to an Assured hereunder of any
claim of title or interest which is adverse to the title to the
estate or interest, as stated herein, and which might cause
loss or damage for which the Company may be liable by
virtue of this Guarantee. If prompt notice shall not be given
to the Company, then all liability of the Company shall
terminate with regard to the matter or matters for which
prompt notice is required; provided, however, that failure to
notify the Company shall in no case prejudice the rights of
any Assured unless the Company shall be prejudiced by the
failure and then only to the extent of the prejudice.
3. No Duty to Defend or Prosecute.
The Company shall have no duty to defend or prosecute any
action or proceeding to which the Assured is a party,
notwithstanding the nature of any allegation in such action or
proceeding.
4. Company's Option to Defend or Prosecute Actions; Duty of
Assured Claimant to Cooperate.
Even though the Company has no duty to defend or prosecute as
set forth in Paragraph 3 above:
(a) The Company shall have the right, at its sole option and cost,
to institute and prosecute any action or proceeding, interpose a
defense, as limited in (b), or to do any other act which in its
opinion may be necessary or desirable to establish the title to
the estate or interest as stated herein, or to establish the lien
rights of the Assured, or to prevent or reduce loss or damage
to the Assured. The Company may take any appropriate action
under the terms of this Guarantee, whether or not it shall be
liable hereunder, and shall not thereby concede liability or
waive any provision of this Guarantee. If the Company shall
exercise its rights under this paragraph, it shall do so diligently.
(b) If the Company elects to exercise its options as stated in
Paragraph 4(a) the Company shall have the right to select
counsel of its choice (subject to the right of such Assured to
object for reasonable cause) to represent the Assured and shall
not be liable for and will not pay the fees of any other counsel,
nor will the Company pay any fees, costs or expenses incurred
by an Assured in the defense of those causes of action which
allege matters not covered by this Guarantee.
(c) Whenever the Company shall have brought an action or
interposed a defense as permitted by the provisions of this
Guarantee, the Company may pursue any litigation to final
determination by a court of competent jurisdiction and
expressly reserves the right, in its sole discretion, to appeal
from an adverse judgment or order.
(d) In all cases where this Guarantee permits the Company to
prosecute or provide for the defense of any action or
proceeding, an Assured shall secure to the Company the right
to so prosecute or provide for the defense of any action or
proceeding, and all appeals therein, and permit the Company
to use, at its option, the name of such Assured for this
purpose. Whenever requested by the Company, an Assured, at
the Company's expense, shall give the Company all
Form 5003353 (7-1-14) Page 4 of 10 Guarantee Number: 4222674 CLTA #14 Subdivision Guarantee (4-10-75)
Washington
GUARANTEE CONDITIONS AND STIPULATIONS (Continued)
reasonable aid in any action or proceeding, securing
evidence, obtaining witnesses, prosecuting or defending
the action or lawful act which in the opinion of the
Company may be necessary or desirable to establish the
title to the estate or interest as stated herein, or to
establish the lien rights of the Assured. If the Company
is prejudiced by the failure of the Assured to furnish the
required cooperation, the Company's obligations to the
Assured under the Guarantee shall terminate.
5. Proof of Loss or Damage.
In addition to and after the notices required under Section 2
of these Conditions and Stipulations have been provided to
the Company, a proof of loss or damage signed and sworn to
by the Assured shall be furnished to the Company within
ninety (90) days after the Assured shall ascertain the facts
giving rise to the loss or damage. The proof of loss or
damage shall describe the matters covered by this Guarantee
which constitute the basis of loss or damage and shall state,
to the extent possible, the basis of calculating the amount o f
the loss or damage. If the Company is prejudiced by the
failure of the Assured to provide the required proof of loss or
damage, the Company's obligation to such assured under the
Guarantee shall terminate. In addition, the Assured may
reasonably be required to submit to examination under oath
by any authorized representative of the Company and shall
produce for examination, inspection and copying, at such
reasonable times and places as may be designated by any
authorized representative of the Company, all records, books,
ledgers, checks, correspondence and memoranda, whether
bearing a date before or after Date of Guarantee, which
reasonably pertain to the loss or damage. Further, if
requested by any authorized representative of the Company,
the Assured shall grant its permission, in writing, for any
authorized representative of the Company to examine, inspect
and copy all records, books, ledgers, checks, correspondence
and memoranda in the custody or control of a third party,
which reasonably pertain to the loss or damage. All
information designated as confidential by the Assured
provided to the Company pursuant to this Section shall not be
disclosed to others unless, in the reasonable judgment of the
Company, it is necessary in the administration of the claim.
Failure of the Assured to submit for examination under oath,
produce other reasonably requested information or grant
permission to secure reasonably necessary information from
third parties as required in the above paragraph, unless
prohibited by law or governmental regulation, shall terminate
any liability of the Company under this Guarantee to the
Assured for that claim.
6. Options to Pay or Otherwise Settle Claims:
Termination of Liability.
In case of a claim under this Guarantee, the Company shall
have the following additional options:
(a) To Pay or Tender Payment of the Amount of Liability or
to Purchase the Indebtedness.
The Company shall have the option to pay or settle or
compromise for or in the name of the Assured any claim
which could result in loss to the Assured within the
coverage of this Guarantee, or to pay the full amount of
this Guarantee or, if this Guarantee is issued for the
benefit of a holder of a mortgage or a lienholder, the
Company shall have the option to purchase the
indebtedness secured by said mortgage or said lien for the
amount owing thereon, together with any costs, reasonable
attorneys' fees and expenses incurred by the Assured claimant
which were authorized by the Company up to the time of
purchase.
Such purchase, payment or tender of payment of the full
amount of the Guarantee shall terminate all liability of the
Company hereunder. In the event after notice of claim has
been given to the Company by the Assured the Company offers
to purchase said indebtedness, the owner of such indebtedness
shall transfer and assign said indebtedness, together with any
collateral security, to the Company upon payment of the
purchase price.
Upon the exercise by the Company of the option provided for
in Paragraph (a) the Company's obligation to the Assured
under this Guarantee for the claimed loss or damage, other
than to make the payment required in that paragraph, shall
terminate, including any obligation to continue the defense or
prosecution of any litigation for which the Company has
exercised its options under Paragraph 4, and the Guarantee
shall be surrendered to the Company for cancellation.
(b) To Pay or Otherwise Settle With Parties Other Than the
Assured or With the Assured Claimant.
To pay or otherwise settle with other parties for or in the name
of an Assured claimant any claim assured against under this
Guarantee, together with any costs, attorneys' fees and
expenses incurred by the Assured claimant which were
authorized by the Company up to the time of payment and
which the Company is obligated to pay.
Upon the exercise by the Company of the option provided for
in Paragraph (b) the Company's obligation to the Assured
under this Guarantee for the claimed loss or damage, other
than to make the payment required in that paragraph, shall
terminate, including any obligation to continue the defense or
prosection of any litigation for which the Company has
exercised its options under Paragraph 4.
7. Determination and Extent of Liability.
This Guarantee is a contract of Indemnity against actual monetary
loss or damage sustained or incurred by the Assured claimant who
has suffered loss or damage by reason of reliance upon the
assurances set forth in this Guarantee and only to the extent herein
described, and subject to the Exclusions From Coverage of This
Guarantee.
The liability of the Company under this Guarantee to the Assured
shall not exceed the least of:
(a) the amount of liability stated in Schedule A or in Part 2;
(b) the amount of the unpaid principal indebtedness secured by
the mortgage of an Assured mortgagee, as limited or provided
under Section 6 of these Conditions and Stipulations or as
reduced under Section 9 of these Conditions and Stipulations,
at the time the loss or damage assured against by this
Guarantee occurs, together with interest thereon; or
(c) the difference between the value of the estate or interest
covered hereby as stated herein and the value of the estate or
interest subject to any defect, lien or encumbrance assured
against by this Guarantee.
8. Limitation of Liability.
(a) If the Company establishes the title, or removes the alleged
defect, lien or encumbrance, or cures any other matter assured
against by this Guarantee in a reasonably diligent manner by
Form 5003353 (7-1-14) Page 5 of 10 Guarantee Number: 4222674 CLTA #14 Subdivision Guarantee (4-10-75)
Washington
GUARANTEE CONDITIONS AND STIPULATIONS (Continued)
any method, including litigation and the completion of
any appeals therefrom, it shall have fully performed its
obligations with respect to that matter and shall not be
liable for any loss or damage caused thereb y.
(b) In the event of any litigation by the Company or with the
Company's consent, the Company shall have no liability
for loss or damage until there has been a final
determination by a court of competent jurisdiction, and
disposition of all appeals therefrom, adverse to the title,
as stated herein.
(c) The Company shall not be liable for loss or damage to
any Assured for liability voluntarily assumed by the
Assured in settling any claim or suit without the prior
written consent of the Company.
9. Reduction of Liability or Termination of Liability.
All payments under this Guarantee, except payments made
for costs, attorneys' fees and expenses pursuant to Paragraph
4 shall reduce the amount of liability pro tanto.
10. Payment of Loss.
(a) No payment shall be made without producing this
Guarantee for endorsement of the payment unless the
Guarantee has been lost or destroyed, in which case
proof of loss or destruction shall be furnished to the
satisfaction of the Company.
(b) When liability and the extent of loss or damage has been
definitely fixed in accordance with these Conditions and
Stipulations, the loss or damage shall be payable within
thirty (30) days thereafter.
11. Subrogation Upon Payment or Settlement.
Whenever the Company shall have settled and paid a claim
under this Guarantee, all right of subrogation shall vest in the
Company unaffected by any act of the Assured claimant.
The Company shall be subrogated to and be entitled to all
rights and remedies which the Assured would have had
against any person or property in respect to the claim had this
Guarantee not been issued. If requested by the Company,
the Assured shall transfer to the Company all rights and
remedies against any person or property necessary in order to
perfect this right of subrogation. The Assured shall permit the
Company to sue, compromise or settle in the name of the
Assured and to use the name of the Assured in any
transaction or litigation involving these rights or remedies.
If a payment on account of a claim does not fully cover the
loss of the Assured the Company shall be subrogated to all
rights and remedies of the Assured after the Assured shall
have recovered its principal, interest, and costs of collection.
12. Arbitration.
Unless prohibited by applicable law, either the Company or the
Assured may demand arbitration pursuant to the Title Insurance
Arbitration Rules of the American Land Title Association. Arbitrable
matters may include, but are not limited to, any controversy or
claim between the Company and the Assured arising out of or
relating to this Guarantee, any service of the Company in
connection with its issuance or the breach of a Guarantee provision
or other obligation. All arbitrable matters when the Amount of
Liability is $2,000,000 or less shall be arbitrated at the option of
either the Company or the Assured. All arbitrable matters when the
amount of liability is in excess of $2,000,000 shall be arbitrated only
when agreed to by both the Company and the Assured. The Rules
in effect at Date of Guarantee shall be binding upon the parties.
The award may include attorneys' fees only if the laws of the state
in which the land is located permits a court to award attorneys' fees
to a prevailing party. Judgment upon the award rendered by the
Arbitrator(s) may be entered in any court having jurisdiction
thereof.
The law of the situs of the land shall apply to an arbitration under
the Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon
request.
13. Liability Limited to This Guarantee; Guarantee Entire
Contract.
(a) This Guarantee together with all endorsements, if any,
attached hereto by the Company is the entire Guarantee and
contract between the Assured and the Company. In
interpreting any provision of this Guarantee, this Guarantee
shall be construed as a whole.
(b) Any claim of loss or damage, whether or not based on
negligence, or any action asserting such claim, shall be
restricted to this Guarantee.
(c) No amendment of or endorsement to this Guarantee can be
made except by a writing endorsed hereon or attached hereto
signed by either the President, a Vice President, the Secretary,
an Assistant Secretary, or validating officer or authorized
signatory of the Company.
14. Notices, Where Sent.
All notices required to be given the Company and any statement in
writing required to be furnished the Company shall include the
number of this Guarantee and shall be addressed to the Company
at First American Title Insurance Company, Attn: Claims
National Intake Center, 1 First American Way, Santa Ana,
California 92707 Claims.NIC@firstam.com Phone: 888-632-
1642 Fax: 877-804-7606
Form 5003353 (7-1-14) Page 6 of 10 Guarantee Number: 4222674 CLTA #14 Subdivision Guarantee (4-10-75)
Washington
Schedule A
Subdivision Guarantee
ISSUED BY
First American Title Insurance Company
GUARANTEE NUMBER
4222674
1st Date Down
Order No.: 4222674 Liability: $2,000.00 Fee: $750.00
Tax: $72.75
Name of Assured: LGI Homes
Date of Guarantee: December 04, 2024
The assurances referred to on the face page hereof are:
1. Title is vested in:
LGI Homes - Washington, LLC, a Washington limited liability company
2. That, according to the public records relative to the land described in Schedule C attached hereto
(including those records maintained and indexed by name), there are no other documents affecting
title to said land or any portion thereof, other than those shown under Record Matters in Schedule B.
3. The following matters are excluded from the coverage of this Guarantee
A. Unpatented Mining Claims, reservations or exceptions in patents or in acts authorizing the issuance
thereof.
B. Water rights, claims or title to water.
C. Tax Deeds to the State of Washington.
D. Documents pertaining to mineral estates.
4. No guarantee is given nor liability assumed with respect to the validity, legal effect or priority of any
matter shown herein.
5. This Guarantee is restricted to the use of the Assured for the purpose of providing title evidence as
may be required when subdividing land pursuant to the provisions of Chapter 58.17, R.C.W., and the
local regulations and ordinances adopted pursuant to said statute. It is not to be used as a basis for
closing any transaction affecting title to said property.
6. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment,
guarantee or policy. It is furnished solely for the purpose of assisting in locating the premises and
First American expressly disclaims any liability which may result from reliance made upon it.
Form 5003353 (7-1-14) Page 7 of 10 Guarantee Number: 4222674 CLTA #14 Subdivision Guarantee (4-10-75)
Washington
Schedule B
Subdivision Guarantee
ISSUED BY
First American Title Insurance Company
GUARANTEE NUMBER
4222674
RECORD MATTERS
1. Unrecorded leaseholds, if any, rights of vendors and security agreement on personal property and
rights of tenants, and secured parties to remove trade fixtures at the expiration of the term.
2. Any and all offers of dedication, conditions, restrictions, easements, boundary discrepancies or
encroachments, notes and/or provisions shown or disclosed by Short Plat or Plat of Mckenna Irrigated
Tracts recorded in Volume 09 of Plats, Page(s) 43 and 44.
3. Rights of the successors of the Yelm Irrigation District to construct, repair and maintain flumes and
laterals, on, over and across said premises, as disclosed by instrument recorded December 04, 1946
under Recording No. 414487.
4. The terms and provisions contained in the document entitled "City of Yelm Ordinance No. 529
(ANX8099)" recorded February 23, 1995 as 9502230064 of Official Records.
5. Conditions, notes, easements, provisions and/or encroachments contained or delineated on the face
of the Survey recorded under Recording No. 4050322.
6. Easement, including terms and provisions contained therein:
Recorded: July 25, 2024
Recording Information: 5023039
In Favor Of: Puget Sound Energy, Inc., a Washington corporation
For: Electric and/or gas transmission and/or distribution system
Informational Notes, if any
1. General taxes for the year 2024, which have been paid.
Tax Account No.: 64300700400
Code Area: 170
Amount: $ 4,358.85
Assessed Land Value: $ 264,300.00
Assessed Improvement Value: $ 182,000.00
Affects: Lot 4
2. General taxes for the year 2024, which have been paid.
Tax Account No.: 64300700501
Code Area: 170
Amount: $ 3,921.34
Assessed Land Value: $ 225,200.00
Assessed Improvement Value: $ 176,300.00
Form 5003353 (7-1-14) Page 8 of 10 Guarantee Number: 4222674 CLTA #14 Subdivision Guarantee (4-10-75)
Washington
Affects: PTN Lot 5
3. We don't find any voluntary liens of record affecting subject property. Inquire as to the existence of
any unrecorded lien or other indebtedness which could give rise to any security interest in the subject
property.
Form 5003353 (7-1-14) Page 9 of 10 Guarantee Number: 4222674 CLTA #14 Subdivision Guarantee (4-10-75)
Washington
Schedule C
Subdivision Guarantee
ISSUED BY
First American Title Insurance Company
GUARANTEE NUMBER
4222674
The land in the County of Thurston, State of Washington, described as follows:
Parcel A:
Lot 4 in Block 7 of MCKENNA IRRIGATED TRACTS, according to plat recorded in volume 9 of plats at
Page(s) 43 and 44, in Thurston County, Washington.
Parcel B:
Lot 5 in Block 7 of MCKENNA IRRIGATED TRACTS, as recorded in volume 9 of plats, Pages 43 and 44, in
Thurston County, Washington.
Except the Southwesterly 245.18 feet as measured at right angles to the Southwest line thereof.
First American Title Insurance Company
673 Woodland Square Loop SE, #407
Lacey, WA 98503
Form 5003353 (7-1-14) Page 10 of 10 Guarantee Number: 4222674 CLTA #14 Subdivision Guarantee (4-10-75)
Washington
Illegal Restrictive Covenants
Please be advised that any provision contained in this document, or in a document that is attached,
linked, or referenced in this document, that under applicable law illegally discriminates against a class of
individuals based upon personal characteristics such as race, color, religion, sex, sexual orient ation,
gender identity, familial status, disability, national origin, or any other legally protected class, is illegal
and unenforceable by law.
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f///6eur�r/9s �o/ec/ fiereor/ qre re�errec/�`o 7Yie f4+e vor/h.
Sr`one mas�un9ec�/s Are sear /�dica/ec/ 6y circ%s oh The �Qce o�fhe /o/A>�
The /ocahor/ aro' o{j/ie Rood an-1 Lo.�es, erg., Q.,o'//% tiracfs /o%r 47r�'6/ec%s
which e{/qr/d Qi e hereby su6divicyed Ore ow the
C�//97e/JS/o�1s G!/`e ex/vressec,�'ir� {eel
Exam/r/eca' pnd la/oo/o re veal fh l.r 24 clay o{ bran r y A_ Q 1920.
-ed T. �ra car!
Co urn f
De/ou/y,
5 5- °of M
y
DEDICATION
{now cv//meo 6y reserv/s : 7-6rg7` /he /✓IoLreana LuwGer�o."/vuny, o coiioo/Afior/
duly o ryC�r!/zeta' a,�d ex/.ffi�y ur�c%r fhe /a ws 07'r1he ,S1a/e a/' LUrashir7y7on ate' ha✓ihy ifs Cori re
P"/ P/"Ge e In the To wn e /" Mc/fe ovlw Pie i �e Cou17/)., Wash., o caner it y ee sirr,�o% e�fhe
/as�a' em6r4cecl /n 7�'i/.tom/oyo><ir/cif'er�i7A / iiyofe�Ti�e�=s, 7Tiu.sr�or� Couh/y lNasfii�tn, �Q.r �se/
for/h .� /fe occom�,�t„i�9 clesc.��o/ioi? �oesfere6�. dec/aim Aiis)OO/q/ arddec-'ico%s &C are a,,o,-
fhe/ou6/ic /orever as, Qna{-high ways 4/I /he i ondr c��d/ures/fiereon defined Qr��/oco/`eo!6uf
phis a/ea'icafior/ sho//rye/ o/aerra/e /o ,yr4r�/ or 4//o w hrie pu6 Any �n/eiesr� or use, o/her A'jan a
CISe 4s ways; 1701-
Arty r/9fi>< use or/vo rsessior� oufsia'e file 6eurJc/gry /�racs of7%le Frauds rann'
Lnr/es as /o/a7`fec/ on ,saicyP/4/ - .
/r7 W/1,17eSS hers 6y i eso/u/ior> o�ifr,Board ofTurfees duly
/o4.rSed 4/`4 �cefi e{s4i%`3oQrc/ on 7y1e y a��6ruory %/D /920, cQUJedlheJe /aresen/s
10 6e execll�67' /h ifs caroo i Ale n4 6y V H /Play //s Vice-Presic%nf ar�G/i/ G. Co o/% ifs ,Sot re-
r y ur�ra' /fs cor/oor�sfe sew/ hereunfo o� Xe�' 7h/.r /7 cloy o�F6ruary ?P 1920.
P�U M 8Fq 117'lrEN/vA LUMBER CONIPA NY
q P 0 R,9 0-0 by v /-/ /► 'a y
lc G T� Ifs Vice-�esider�/
try/fes/`; A. G. Co o k,
e
� A'NA VJNS� .
ACK NOWLEDGMENT.
sfa�� Q� w4.sh.r�yfor�� ss,
Courr/�y of Pie/ ce 1
On This /7 clay o{ February 1920, before rne,/versor/a/y a/n/oeal-ec/
V. /H /►gay a, �f% G. Co a/f A me /'rro wrn 7o 3e the Vice -Pi es/derr>`A� Secrefoiy �s/oeclive /y,
a{flee corjooro/ion f/iof eXeculed the w11% re9oih9 /v/o Qixa' 4cAnow/edyed lie said /i� rl awenf
t 6e ffie free 4r�a' ✓o/urn/Ai y oc/A�a'oe'ed o�so/c/co.�oorgfior for f/ie axes c&r�pu//vores iereiir rrse�-
7ioneA� A/�l:on oalh J1AleCllha'1 11"el were ouf/ierized f execute sui4' /ntl�rumen/ Ai d >�`iq�7�ie
seo/ affi,Yedi,r The cor/oo/ale se4/ o�snid coi�pora�iar7 ,
/h Wifnes.! Whereo{, /have hereurr�o se/rny hQn� and cr/9xec/ rn)/
da� ye4r f i sf ca6ove �✓r/1fe„ .
0,F0Rc HC: �rce
No/pry /n aneI Xoi- 7he S/u/e Ole
'07�00 v�ashir/y/er, /es/A'ii7y a/ Seu/f/e
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ENGINEERS CERTIFICATE '•°SA ryap
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1 heie6y certify 1ha'A he P/uf O1*m`ifeNNA I A_ 6•S4A. ry
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Statutory Warranty Deed q,
. .._ _\. _.. '.J .._ ..v �. ...
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STATE OF ri'ASHI\GTO".1
w�
On thin i a: rby ' "'
ut t v .. .before rne. the u d-.C- •.
a Sotary PuDLc iq and_�tan of \\'zeh..st. C:a:•�''.e ' '� "�
l.+ rae kn." to bt tfn Prefixera a .� `;octttan. relpecnT edr. of
jexrcnt. and a:4rowtedZed the w;dtntnx>,ent tote the fr.c ar
the ror, option t: A' tanned the im�cit.L
. ;crtarc ut anid�. ^t uSd c.�.;rats+n. to the uaa and :ert.r+es rev rir, rnem:onei. an.l .m oath rate: •:u'
++It `y <'3 t�r:ted fo execute ;he ai.! i^rtTu^�''! arr: that tSt atal afiaed n fie .orgora!e rta. e' `a'd
onepamme¢. _
N'ttnsas v.: :u x! and cdfic-a..ta: beret; af.e' tF.t dad s%i )Ys+ :n thia rertiljutt afore arritte:t
\cu.y pobi", foe the to of A,*.
F m N
t+Jtl a am On* �►
CITY OF YELM
ORDINANCE NO. 529
(ANX8099)
AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF YELM, WASHINGTON.
WHEREAS, the record owners of at least sixty percent of the value of the
property described below have petitioned for annexation to the City of Yelm,
WHEREAS, the City Council of Yelm has held a duly -noticed public hearing
regarding such annexation,
WHEREAS, the City Council finds that such annexation is in the beet
interest of the City and conforms with annexation policies of the City as set
forth in the Comprehensive Plan and Yelm Municipal Code Chapter 2.66.
NOW, THEREFORE, THE CITY COUNCIL OF YELM DOES ORDAIN AS FOLLOWS:
Section 1. The following described territory is hereby annexed and made
a part of the City of Yelm:
That part of the East Half of Section 19, Township 17 North, Range
2 East, W.M., delineated as Lots 2, 3, 4, 5 and 6 of block 7,
McKenna Irrigated Tracts, as recorded in volume 9 of Plats, Pages
43-44, records of Thurston County, Washington. Together with that
portion of Rhoton Road SE lying Westerly and Railway Road BE lying
South and Easterly of Said Lots 2-6.
In Thurston County, Washington,
Section 2. Said property shall be subject to the existing indebtedness
of the City of Yelm and to pay said indebtedness shall be assessed and taxed
at the same rate and on the same basis as other property within the City of
Yelm.
Section 3. Said property shall be zoned Residential/Agricultural at 1
dwelling per 5 acres.
Section 4. The City Clerk shall record a copy of this Ordinance in the
office of the County Auditor and file a certified copy with the Board of
County Commissioners.
Section S. This Ordinance shall become effective on the 22nd day of
November, 1994, being a date not less than five days following publication.
4 � TEST: (Y& , l �'l�nv �i7
!� a M. Parsons, Mayor Pro Tempore Agnes P. Co ombo, C ty Clerk
PASSED and APPROVED: November 9, 1994
PUBLISHED: Nisqually Valley News, November 17, 1994 ';iUESTrJ1 COUNTY
0_W1PIA. WA
32/23/?5 1:44 PM
REQUEST OF: /GCY
iam S. Zeed, AUDITOR
Cl" ar nu BY: DEBBIE%WP�1TY
ae:eaacs xs. szs ca.eovat
wt�pat�tpLLts39.ad 98.00 3RDCD
+ol: 2377 ?asse::
1 e0
File No: 950Z2.30064
CITY OF Y£LI
ANX 8099
R. SMITH
ORDINANCE NO. 529
EZ -4
:,:: 237 r �a..f I S I
Fiie No: 9502270064
cdb 12/04/08 4:40pm - P:\P\PSEN00000145\0400CAD\SV\DWG\PSEN00000145-ROS.DWG
4050322 Page 1 of 1
12/15/2008 10 15 AM Survey
Thurston County Washington
DAVID EVANS AND ASSOC, INC
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5023039
Pages: 4
RETURN ADDRESS:
Puget Sound Energy, Inc.
Attn: ROW Department (L.O.)
3130 South 38th St.
Tacoma, WA 98409
PSE
07/25/2024 03:41 PM EAS
Thurston County, Washington
PUGET SOUND ENERGY
Thurston County Treasurer
NONE
07/25/2024 �a--
EASEMENT
REFERENCE M
GRANTOR (Owner): LGI HOMES — WASHINGTON, LLC
GRANTEE (PSE): PUGET SOUND ENERGY, INC.
SHORT LEGAL: Lots 4 & 5, Blk 7 of McKenna Irrigated Tracts, Vol 9, Pgs. 43 and 44.
ASSESSOR'S PROPERTY TAX PARCEL: 64300700400 and 64300700501
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, LGI HOMES —
WASHINGTON, LLC, a Washington Limited Liability Company ("Owner"), hereby grants and conveys to PUGET
SOUND ENERGY, INC., a Washington corporation ("PSE"), for the purposes hereafter set forth, a nonexclusive
perpetual easement over, under, along, across and through the following described real property (the "Property" herein)
in Thurston County, State of Washington:
SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
Except as may be otherwise set forth herein PSE's rights shall be exercised upon that portion of the Property
("Easement Area" herein) described as follows:
EASEMENT NO. 1: ALL STREETS AND ROAD RIGHTS -OF -WAY (BOTH PRIVATE AND PUBLIC) AS
NOW OR HEREAFTER DESIGNED, PLATTED, AND/OR CONSTRUCTED WITHIN THE ABOVE
DESCRIBED PROPERTY. (WHEN SAID STREETS AND ROADS ARE DEDICATED TO THE PUBLIC,
THIS CLAUSE SHALL BECOME NULL AND VOID.)
EASEMENT No. 2: A STRIP OF LAND 10 FEET IN WIDTH ACROSS ALL LOTS, TRACTS AND OPEN
SPACES LOCATED WITHIN THE ABOVE DESCRIBED PROPERTY BEING PARALLEL TO AND
COINCIDENT WITH THE BOUNDARIES OF SAID PUBLIC STREETS AND ROAD RIGHTS -OF -WAY.
EASEMENT No. 3: AN EASEMENT OVER THE ABOVE DESCRIBED PROPERTY FOR AN
ADDITIONAL 5 FEET IN WIDTH ADJACENT TO EASEMENT AREA NUMBER 2 OVER LOT 23.
1. Purpose. PSE shall have the right to use the Easement Area to construct, operate, maintain, repair,
replace, improve, remove, upgrade and extend one or more utility systems for purposes of transmission, distribution
and sale of electricity. Such systems may include, but are not limited to:
Underground facilities. Conduits, lines, cables, vaults, switches and transformers for electricity; fiber optic
cable and other lines, cables and facilities for communications; semi -buried or ground -mounted facilities and
pads, manholes, meters, fixtures, attachments and any and all other facilities or appurtenances necessary or
convenient to any or all of the foregoing.
PSE Easement 2023
WO: 105105500/ RW-134989
Page 1 of 4
5023039 Page 2 of 4 07/25/2024 03.41 PM Thurston County WA
Following the initial construction of all or a portion of its systems, PSE may, from time to time, construct such
additional facilities as it may require for such systems. PSE shall have the right of access to the Easement Area over
and across the Property to enable PSE to exercise its rights granted in this easement.
2. Access. PSE shall have a reasonable right of access to the Easement Area over and across the Property
to enable PSE to exercise its rights granted in this easement.
3. Easement Area Clearing and Maintenance. PSE shall have the right to cut, remove and dispose of any
and all brush, trees or other vegetation in the Easement Area. PSE shall also have the right to control, on a continuing
basis and by any prudent and reasonable means, the establishment and growth of brush, trees or other vegetation in
the Easement Area.
4. Trees Outside Easement Area. PSE shall have the right to cut, trim remove and dispose of any trees
located on the Property outside the Easement Area that could, in PSE's reasonable judgment cause damage to PSE's
systems and/or present a hazard to the general public health, safety or welfare as defined in RCW 64.12.035. PSE
shall, except in the event of an emergency, prior to the exercise of such right, identify such trees and make a reasonable
effort to give Owner prior notice that such trees will be cut, trimmed, removed or disposed. Owner shall be entitled to
compensation for the actual market value of merchantable timber (if any) cut and removed from the Property by PSE.
5. Restoration. Following the initial installation, repair or extension of its facilities, PSE shall, to the extent
reasonably practicable, restore landscaping and surfaces and portions of the Property affected by PSE's work to the
condition existing immediately prior to such work. PSE shall use good faith efforts to perform its restoration obligations
under this paragraph as soon as reasonably possible after the completion of PSE's work.
6. Owner's Use of Easement Area. Owner reserves the right to use the Easement Area for any purpose
not inconsistent with the rights herein granted, provided, however, Owner shall not perform the following activities
without PSE's prior written consent: (1) excavate within or otherwise change the grade of the Easement Area; (2)
construct or maintain any buildings, structures or other objects on the Easement Area; and/or (3) conduct any blasting
within 300 feet of PSE's facilities.
7. Indemnity. PSE agrees to indemnify Owner from and against liability incurred by Owner as a result of
PSE's negligence, or the negligence of PSE's employees, agents or contractors in the exercise of the rights herein
granted to PSE, but nothing herein shall require PSE to indemnify Owner for that portion of any such liability attributable
to the negligence of Owner, its employees, agents or contractors or the negligence of third parties.
8. Attorneys' Fees. The prevailing party in any lawsuit brought to enforce or interpret the terms of this
Easement shall be entitled to recover its reasonable attorneys' fees and costs incurred in said suit, including on appeal.
9. Successors and Assigns. This Easement is binding upon and will inure to the benefit of the successors
and permitted assigns of the parties. PSE may not assign or otherwise transfer any of its rights, obligations or interest
under this Easement without the prior written consent of Owner, which consent may not be unreasonably withheld.
Notwithstanding theforegoing, PSE may assign this Easement to an affiliate or in connection with a merger, acquisition,
corporate reorganization, sale of assets or other change in control.
10. Complete Agreement; Amendment; Counterparts. This Easement contains the entire agreement of
the parties with respect to this subject matter and supersedes all prior writings or discussions relating to the Easement.
This Easement may not be amended except by a written document executed by the authorized representatives of
Owner and PSE. This Easement may be executed in counterparts, each of which shall be treated as an original for all
purposes and all executed counterparts shall constitute one agreement.
11. Warranty and Representation of Authority. The parties each represent to the other that the person or
persons executing this Easement have authority to do so and to bind the parties hereunder. All consents, permissions
and approvals related to this Easement, and the obligations hereunder, have been obtained. Owner further warrants
to PSE that it has the necessary right, title and interests in the Property to grant the easement rights set forth herein.
PSE Easement 2023
WO: 105105500/ RW-134989
Page 2of4
5023039 Page 3 of 4 07/25/2024 03.41 PM Thurston County WA
12. Severability. Invalidation of any of the provisions contained in this Easement, or of the application thereof
to any person, by judgment or court order, shall in no way affect any of the other provisions thereof or the application
thereof to any other person and the same shall remain in full force and effect. If a provision is found to be unenforceable
or invalid, that provision shall be modified or partially enforced to the maximum extent permitted by law to effectuate
the purpose of this agreement.
13. Non -Waiver. The failure of any party to insist upon strict performance of any of the terms, covenants or
conditions hereof shall not be deemed a waiver of any rights or remedies which that party may have hereunder or at
law or equity and shall not be deemed a waiver of any subsequent breach or default in any of such terms, covenants
or conditions.
DATED this �Q�h day of �Ul`� 202�_
OWNER: LGI HQIFES — WASHINGTON, LLC, a Washington Limited Liability Company
By: {cam l/.
(name)
Its: (title) rie_ r_ PJf2s'i
STATE OF WASHINGTON
COUNTY OF �1
) SS
On this 116"N day of �7ykk�!A , 2(r-4 , before me, the undersigned, a Notary Public
in and for the State of Wash1figton, duly commissioned and sworn, personally appeared
lM MC,h to me known to be the person(s) who signed
as 0 �Le We 9 it ey 4 v Merl+ of LGI HOMES — WASHINGTON, LLC, a
Washington Limited Liability Company, the limited liability company that executed the within and foregoing
instrument, and acknowledged said instrument to be his/her free and voluntary act and deed and the free and voluntary
act and deed of said limited liability company for the uses and purposes therein mentioned; and on oath stated that
he/she was authorized to execute the said instrument oAehalf of said limited liability company.
IN WITNESS WHEREOF I have hereunto sAt my hand and official seal the day and year first above written.
NOTARY PUBLIC
STATE Of WASHINGTI
VANESSA U., '!VIS
L,icbnse Numwr 166596
My Commission Expires 05-M a
of Notary)
(Print or stamp name of Notary)
NOTARY PUBLIC in and for the State of Washington, residing
at due f e+V . WA
My Appointment Expires: 5I311-zoz J
Notary seal, text and all notations must be inside 1" margins
PSE Easement 2023
WO: 105105500/ RW-134989
Page 3 of 4
For Clarification Purposes Only:
NOTARY PUBLIC
STATE OF WASHINGTON
VANESSA LEWIS
LICENSE NUBMER 166596
MY COMMISION EXPIRES 05-31-2025
5023039 Page 4 of 4 07/25/2024 03.41 PM Thurston County WA
EXHIBIT "A"
LEGAL DESCRIPTION
APN: 64300700400 and 64300700501
LOT 4 IN BLOCK 7 OF McKENNA IRRIGATED TRACTS, ACCORDING TO PLAT RECORDED IN
VOLUME 9 OF PLATS AT PAGE(S) 43 AND 44, IN THURSTON COUNTY, WASHINGTON,
LOT 5 IN BLOCK 7 OF MCKENNA IRRIGATED TRACTS, AS RECORDED IN VOLUME 9 OF
PLATS, PAGES 43 AND 44, IN THURSTON COUNTY, WASHINGTON, EXCEPT THE
SOUTHWESTERLY 245.1 S FEETAS MEASURED AT RIGHT ANGLES TO THE SOUTHWEST
LINE THEREOF.
PSE Easement 2023
WO: 105105500/ RW-134989
Page 4 of 4