805 Approve Mod to Fin Assess Roll for Loc Improv Dist. 1ORDINANCE NO. 805
AN ORDINANCE of the City of Yelm, Washington, approving a modification to the final
assessment roll for Local Improvement District No. 1.
WHEREAS, the final assessment roll for Local Improvement District No. 1 ("LID No. 1") in
the City of Yelm, Washington (the "City") was confirmed by Ordinance No. 674 on
September 24, 1999; and
WHEREAS, one or more property owners within LID No. 1 have applied for a transfer of
certain assessments within LID No. 1, as shown in the executed Agreement delivered to the
City, a copy of which is attached hereto as Exhibit I; and
WHEREAS, based on the representations and information set forth in said Agreement, the
City Council agrees that the proposed transfer of assessments should be approved;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YELM, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. The Agreement, attached hereto, as Exhibit I is hereby approved. The City
Council hereby finds that the value of each of the parcels as shown on Exhibit
B in the Agreement is at least equal to the assessment proposed to be levied
thereon. The transfer of the assessments as shown on Exhibit B to the
Agreement is hereby approved.
Section 2. This Ordinance shall be in full force and effect five days after its passage and
publication as provided by law.
PASSED by the Council of the City of Yelm, Washington at its regular meeting on the
28th day of April, 2004.
CITY OF YELM, WASHI TON
R n arding, yor Pro-T
Attest:
,`
~; !~, v7 ~ ~~ ~-~l ~~~.~ .,
Ag s P. Bennick, City Clerk
Approved as to Form:
Bond Counsel, Preston Gates & Ellis LLP
PASSED AND APPROVED: April 28, 2004
PUBLISHED:. May 7, 2004
Exhibit I -Ordinance No. 805
City of Yelm
Local Improvement District No. 1
Agreement with Respect to Certain Assessments
1. The City of Yelm confirmed the final assessment roll for Local Improvement
District No. 1 "LID NO. 1" by Ordinance No. 674 on September 29, 1999.
2. Desmond J. Iverson and Debbie R. Iverson, husband and wife, hereinafter
referenced as the "Original Owner" represents and warrants that they are the
sole, lawful owner of the following-described property located in Thurston
County, Washington, hereinafter referred to as the "Original Assessment Parcel":
Parcel 1 of Short Subdivision No. SS-8019 as recorded June 19, 1987
under Auditor's File No. 8706190115.
At present, there is a principal amount of $33,545.95 remaining with respect to
this Original Assessment Parcel. Attached hereto as Exhibit A is a copy of a title
report confirming ownership of the Original Assessment Parcel in the Original
Owner as of January 27, 2004.
3. The undersigned, on behalf of the City Clerk-Treasurer, hereby confirms that the
current assessment roll for LID No. 1 identifies the Original Owner as the owner
of the Original Assessment Parcel as of April 8, 2004.
4. The Original Owner and Rainier General Development, Inc., hereinafter referred
to as the "New Owner", hereby agree that a portion of that assessment
referenced hereinabove shall be transferred and relevied on the New Owner(s) in
the manner described in Exhibit B.
5. Attached hereto as Exhibit C is a copy of a commitment for title insurance
showing ownership of the New Owner's Parcel in the New Owner.
6. Attached hereto as Exhibit D is written evidence of the authority of Doug Bloom
to sign as President, for and on behalf of the Rainier General Development.
7. The Community Development Director has reviewed this Agreement and its
Exhibits, and confirms that the parcels as described therein are not land-locked
and states that he has reviewed the appraisal information provided by the New
Owner.
8. The City Clerk-Treasurer has reviewed this Agreement and its Exhibits, including
specifically the new allocation of the subject assessments, and confirms that the
values of the parcels encumbered are at least equal to the unpaid principal
balances of the assessments so allocated.
The Original Owner and the New Owner hereby agree that immediately upon
adoption of an Ordinance by the City Council of Yelm approving this Agreement,
the assessments for LID No. 1 shall be as shown on Exhibit B. Said parties
hereby warrant that all previously billed assessment installments levied upon the
Original Assessment Parcel have been satisfied and the account is paid current,
including principal, interest and penalties. This Agreement shall be effective and
binding upon each of the said parties upon their respective signing of this
Agreement.
//
INAL OWNER:
mond J. Iverson
/~~ ~ i
Date
Debbie R. Iverson Date
NEW OWNER:
...- ,
~~
_~
oCS u om, President
CITY CLERK-TREASURER:
~, <
Agne . Bennick, City Clerk
CIT ADMINISTRATOR:
< CMG
elly A. d r, City Adm'
General Dev. Date
/U ~~
Date
r
_~~~~U~-
Date
STATE OF WASHINGTON )
ss.
COUNTY OF~u~(~~~ )
On this ~~ ,day of Si9-~~ , 2004, before me
personally appeared Desmond J. Iverson and Debbie R. Iverson, that executed the
within and foregoing instrument, and acknowledged the said instrument to be the free
and voluntary act and deed of said persons, for the uses and purposes therein
mentioned, and on oath stated that they are authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official
Seal the day and year first above written. ~,
~~ ~. MERRY ~~~~
~.'~~
~ : ~ isOTARy m
~ ': ~JBLiC
e~~~~ ,~j~•T 19.5 •,
~ ~ ~ ~FyVAS'~~r"
`!~'l~saa'~~'~
/ ,
Notary Public in an for the State of /~
Washington, residing act ~~-~G~ W
My commission expires ~ O
STATE OF WASHINGTON
COUNTY OF~'~u~5~~
ss.
On this ~_, day of j~(_y~~ , 2004, before me
personally appeared Doug Bloom, that e~kecuted the within and foregoing instrument,
and acknowledged the said instrument to be the free and voluntary act and deed of said
person/company, for the uses and purposes therein mentioned, and on oath stated that
he was authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official
Seal the day and year first above written
`~'l~1ER,Q~ ~~~`
,, •.
~ :~
~l~ ~. ~l1~i~i"v
t WA.>
~~~.~
Notary Public in and f r the State of
Washington, residing at ~'i e ~C.Q (',c~
My commission expires '~ ? ~ s .
EXHIBIT A
Title Report Relative to the Original Owner's Original Assessment Parcel.
American Land Title Association Commitment - 1966
COMMITMENT FOR TITLE INSURANCE
ISSUED BY
tewart
s
title guaranty company
PIONEER TITLE COMPANY
525 Pear Street Southeast
Olympia, Washington 98501
360-357-7000 • Fax: 360-352-0775
STEWART TITLE GUARANTY COMPANY, A Texas 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 provisions of Schedules A and B and to the Conditions and Stipulations hereof.
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.
This Comri~itment is preliminary to the issuance of such policy or policies of title insurance and all liability and
obligations hereunder shall cease and terminate six months 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.
Signed under seal for the Company, but this Commitment shall riot be valid or binding until it bears an autho-
rized Countersignature.
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be
hereunto affixed by its duly authorized officers on the date shown in Schedule A.
~•
Chairman oft a Board
Countersigned by:
Authorized Signatory
PIONEER TITLE COMPANY
Company
OLYMPIA. WASHINGTON
City, State
~stewart
9 tY P Y
(tMr////N/iNy~~.
.!"n:, 1.9 0 8 ;:off
TEX PS,~tA''~
President
~~
t
i
005•UN•Rw,3178
Pioneer Title Company
525 Pear Street SE
Olympia, WA 98501
Phone: (360) 357-7000 • Fax: (360) 352-0775
E-mail: bjones@pioneerolympia.com
"WE INSURE THE AMERICAN DREAM"
,~
Norm Q-CC
Venture Bank
PO Box 5060 ~S e.20 w
TO.:
Reference Property Address: 407 103rd Avenue NE, Yelm, WA 98597
Commitment Number: 110001-JF
Title Officer: Jack Feeney
Effective Date: January 27, 2004 at 8:00 A.M.
Customer Reference: Iverson
Yelm, WA 98597
Page 1
Commitment Number: 110001-JF
' SCHEDULE A
1. Effective Date: January 27, 2004 at 8:00 a.m.
2. Policy Or Policies To Be Issued:
( )ALTA OWNER'S POLICY, Amount:
(10/17/92)
( )Standard ( )Extended Premium:
Tax:
Total:
(X) ALTA LOAN POLICY, (10/17/92)
(X) Standard ( )Extended
Reorganization Mortgage Rate
Proposed Venture Bank
Insured:
$ 0.00
$173,000.00
$363.00
$30.49
$ 393.49
w
Amount:
Premium:
Tax:
Total:
Minimum cancellation fee: $50.00 plus $4.20 tax.
Note: If this transaction fails to close within 180 days, a cancellation fee may be billed.
3. The estate or interest in the land described or referred to in this Commitment and covered
herein is:
FEE SIMPLE
4. Title to said estate or interest in said land is at the effective date hereof is vested in:
Desmond J. Iverson and Debbie R. Iverson, husband and wife
5. The land referred to in this commitment is located in the County of Thurston, State of
Washington, and described as follows:
Parcel 1 of Short Subdivision No. SS-8019 as recorded June 19, 1987 under Auditor's File No.
8706190115.
In the County of Thurston, State of Washington.
~.
Page 2 Commitment Number: 110001-JF
SCHEDULE B -SECTION 1
The following are the requirements to be complied with:
Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for
the estate or interest to be insured.
Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed
and duly filed for record
Note: Effective January 1, 1997, and pursuant to amendment of Washington state statutes
relating to standardization of recorded documents, the following format and content
requirements must be met. Failure to comply may result in rejection of the document
by the recorder.
Format:
Margins to be 3" on top of first page, 1" on sides and bottom, 1" on top, sides and bottom
of each succeeding page. ~'=' i
Font size of 8 points or larger and paper size of no more than 8 '/2" by 14". 5
No attachments on pages such as stapled or taped notary seals, pressure seals must be
smudged.
Information which must appear on the first page:
Title or titles of document. If assignment or reconveyance reference to auditor's file
number or subject deed of trust.
Names of grantor(s) and grantee(s) with reference to additional names on following
page(s), if any.
Abbreviated legal description (lot, block, plat name or section, township, range and
quarter quarter section for unplatted).
Assessor's tax parcel number(s)
Return address which may appear in the upper left hand 3" top margin
Page 3 Commitment Number: 110001-JF
SCHEDULE B -SECTION 2
GENERAL EXCEPTIONS
The policy or policies to be issued will contain exceptions to the following unless the same are
disposed of to the satisfaction of the company.
A. Rights or claims of parties in possession not shown by the public records.
B. Encroachments, overlaps, boundary line disputes or other matters which would be disclosed
by an accurate survey and inspection of the premises.
C. Easements, prescriptive rights, rights-of-ways, streets, roads, alleys or highways not
disclosed by the public records.
D. Any lien, or right to a lien, for contributions to employee benefit funds or for state workers'
compensation, or for services, labor, or material. heretofore or hereafter furnished, all as
imposed by law and not shown by the public records.
E. Taxes or special assessments which are not yet payable or which are not shown as existing
liens by the public records.
F. Any service, installation, connection, maintenance, tap, capacity or construction charges for
sewer, water, electricity, natural gas or other utilities or garbage collection and disposal.
G. Reservations and exceptions in United States Patents or in Acts authorizing the issuance
thereof.
H. Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or
equitable servitudes.
I. Water rights, claims or title to water.
J. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first
appearing in the public records or attaching subsequent to the effective date hereof but
prior to the date the proposed insured acquires of record for value the estate or interest or
mortgage thereon covered by this commitment.
END OF GENERAL EXCEPTIONS
Page 4 Commitment Number: 110001-JF
SCHEDULE B
CONTINUED
SPECIAL EXCEPTIONS
1. General taxes: Which cannot be paid before February 15:
Year :2004
Amount billed Full Year $2,023.86
Amount paid ~ $-0-
Amount due 1St Half $1,011.93
Tax Parcel No. :64303601800 (TCA 170)
Informational note only:
County Assessor's assessed value:
Land $ 57,500.00
Improvements $ 86,700.00
Total $144,200.00
2. Deed of Trust and the terms and conditions thereof:
Grantor :Desmond J. Iverson and Debbie R. Iverson, husband and wife
Trustee :First American Title Insurance Company
Beneficiary :Prairie Security Bank
Amount : $79,287.59
Dated November 19, 1993
Recorded :November 23, 1993
Auditor's File No. :9311230109
Note: The Deed of Trust was amended or modified by instrument:
Dated November 23, 1998
Recorded December 30, 1998
Auditor's File No. :3201091
3. Hazard Substances Certificate and Indemnity:
Grantor Desmond J. Iverson and Debbie R. Iverson
Beneficiary :Prairie Security Bank
Dated November 19, 1993
Recorded November 23, 1993
Auditor's File No. :9311230272
4. Easement and the terms and conditions thereof granted by instrument:
Recorded February 15, 1994
Auditor's File No. :9402150057
Grantee Puget Sound Power and Light Company
For electric transmission line
Page 5 Commitment Number: 110001-JF
5. Covenants, conditions and restrictions (but omitting any covenant, condition or restriction based
~n race, color, religion, sex, handicap, familial status or national origin unless and only to the
extent that said covenant [a] is exempt under Chapter 42, Section 3607 of the United States code
or [bJ relates to handicap but does not discriminate against handicapped persons) contained in
Declaration:
Recorded :June 19, 1987
Auditor's File No. :8706190115
Affects :Short Plat No. SS-8019
6. Easement for the right to make necessary slopes for cuts or fills upon said property in the
reasonable original grading of streets, avenues, alleys and roads, as dedicated in the plat.
END OF SCHEDULE B SPECIAL EXCEPTIONS
NOTES:
The following matters will not be listed as special exceptions in Schedule B of the policy. There
will be no coverage for loss arising by reason of the matters listed below because these matters
are either excepted or excluded from coverage or are not matters covered under the insuring
provisions of the policy.
1. General exceptions A, B, C & D on Schedule B have been cleared for the ALTA Loan Policy to
be issued.
2. The Loan Policy to be issued will contain the 100 and 8.1 Endorsements and the 116 Address
.Endorsement showing the property address as:
407 103rd Avenue NE
Yelm, WA 98597
3. The abbreviated legal description is as follows: Parcel 1 of SS-8019
NOTE: Investigation should be made to determine if there are any service, installation, maintenance
or construction charges for sewer, water, garbage, or electricity.
NOTE: A consolidated statement of all charges and advances in connection with this order will be
provided at closing.
NOTE: In event the transaction fails to close and this commitment is canceled, a fee will be charged
to comply with the State Insurance Code and the filed schedule of this Company.
END OF SCHEDULE B
Page 6 Commitment Number: 110001-JF
Pioneer Title Company
Privacy Policy Notice
PURPOSE OF THIS NOTICE
Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution,
directly or through its affiliates, from sharing nonpublic personal information about you with a
nonaffiliated third party unless the institution provides you with a notice of its privacy policies
and practices, such as the type of information that it collects about you and the categories of
persons or entities to whom it may be disclosed. In compliance with the GLBA, we are
providing you with this document, which notifies you of the privacy policies and practices of
Stewart Title Guaranty Company, Stewart Title Insurance Company, Stewart Title
Insurance Company of Oregon, National Land Title Insurance Company, Arkansas
.Title Insurance Company, Charter Land Title Insurance Company.
We may collect nonpublic personal information about you from the following sources:
• Information we receive from you, such as on applications or other forms.
• Information about your transactions we secure from our files, or from our affiliates or
others.
• Information we receive from a consumer reporting agency.
• Information that we receive from others involved in your transaction, such as the real
estate agent or lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional
nonpublic personal information will be collected about you.
We may disclose any of the above information that we collect about our customers or former
customers to our affiliates or to nonaffiliated third parties as permitted by law.
We also may disclose this information about our customers or former customers to the
following types of nonaffiliated companies that perform marketing services on our behalf or
with whom we have joint marketing agreements:
• Financial service providers such as companies engaged in banking, consumer finance,
securities and insurance.
• Non-financial companies such as envelope stuffers and other fulfillment service
providers.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU
WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY
LAW.
We restrict access to nonpublic personal information about you to those employees who
need to know that information in order to provide products or services to you. We maintain
physical, electronic, and procedural safeguards that comply with federal regulations to guard
your nonpublic personal information.
W - ~ p~
~^~
'I
r ~ L`
~~ ~~
!/.'~m
~_
4
-,
~ ~ ~ ,
.~~.~
~
~ ~~
~
a
~R
. ~
i
~
p
0 I~; I ~
~~
I
~
_ .~
m ~ g
. ~-.
; ~~
$ ~o ,
,,
'A . Y
_ r i
``' ` .. ; l
~°o.a ~,
l~~"
t2 ~ ~~1
~ ~~ea a
'_?~ a a~
i
A
16
~
,I
nn
%I
,•
M~
Q
IA
1 ..
~
0
0.
.,,
~-
/ '
. ~ ,i I J,
-,~
~~\\\
~;i g ~~
~ "~ ~~ 0
0 ' D ~~~
e
~ N
^I v ~
~I
PI
s
I I ~~
~ I ~~/
,-
~ ~~ / y.
U ~ may' ~: „
ro 0 cc °:~
~ ,:
~ 45`'x' ~~ ,~ ~ ~iP~ ,.~.a
~~ c0
~~ `-yam ~ ~ :~~ ~'
M{{ ~L:A~~ ~ ~ ~ R C
~- Q ~
~1 U ~ `~'~O~ f ~ ~I 1n\Nh) a
J V
1 ~ { r~~ape rl ~; ~~,
,~ ~ ~, p ~ ~
U~
L
\ rt~ ~.
Y
0 j
o ~ ,
. O ~ R
~~ 0 ~-1.
~~
~~ ~~~~
o ~ ~ ~ S ~ ' ~
o ~~ ~ z ~ a ~
A~ \Ain~~~y~~c ~t'4y~
C ~ ~`
~ ~ ~ ~ ~ ~~~ A o ~ ~~ ~,~
j'Y~ ~ha i~c ci~~ p~ papd,
> ~ ~ r e f,
S~ ~a LyQ ~~~~ (M a
'd ;
t
Mb ~y S n C~
EXHIBIT B
Legal Description of Properties subject to assessment and the Dollar Amount of
Assessments Allocable Thereto.
The Original Assessment Parcel owned by the Original Owner, being tax parcel
number 64303601800, shall retain three (3) Equivalent Residential Units
("ERUs") and shall remain liable for and subject to a principal assessment
amount of $4,375.56.
2. The remaining twenty (20) ERUs, and the remaining $29,170.39 principal
balance of the total base assessment shall be transferred and relevied against
the following described New Owener's real property, herinafter referenced as the
"New Owner's Parcel";
Lot B of Boundary Line Adjustment No. BLA-03-8644-YL as
recorded July 31, 2003 under Recording No. 3557667 and
3557668, in Thurston County, Washington
3 Attached hereto as "Attachment One" is evidence that the New Owener's Parcel
has a market value of not less than the 29,170.39 assessment principal balance
being transferred thereto under this Agreement.
EXHIBIT B- ATTACHMENT ONE
Evidence of Appraisal of Value of the New Owner's Parcel.
THURSTON COUNTY
Property Account Summary
Account No.: 21725110502 Alternate Property Number:
Account Type: Real Property
TCA: 170
Situs Address: 205/207 MILL RD SE
YELM, WA 98597
Legal: Section 25 Township 17 Range 1E Quarter NE NE TR B BLA038344 3557668
Parties:
Role Name & Address
Owner RAINIER GENERAL DEVELOPMENT INC
PO BOX 627
RAINIER, WA 98576
Taxpayer RAINIER GENERAL DEVELOPMENT INC
PO BOX 627
RAINIER, WA 98576
Property Values:
Value Name 2004 2003 2002
Taxable Value Regular $54,350 $111,700
Market Total $54,350 $111,700
Assessed Value $54,350 $111,700
Market Land $54,350 $111,700
Market Improvement $0 $0
Property Characteristics:
Tax Year Characteristic Value
2004 Use Code 91 Undeveloped Land
Size in Acres 10.13
Exemptions:
(End of Report)
STATE OF WA3H1fV(4TON
County of Thurston
1, Patricia CoateNo, County Assessor of Thurston Countx
State of Washington, do hereby certify that the tora~Oin~
i8 a true and correct
as the me a ars of record in my, ottiw WITNESS
WHEAE ~ i h~v_e hereunto et my hend~ttd ~i,~,~
thi8 ~1 day ot„~~1 ~ A.Q~~~~
Pa ~ ~ unty A
Deputy
Run: 3/26/2004 10:40:22 AM AS00037 [ascend] Page 1
Rpr 08 04 02:25p RGD Inc. [360)446-2972 p.3
MINUTES OF SPECIAL MEETING OF DIRECTORS AND
SHAREHOLDERS
OF
RAINIER GENERAL DEVEI-OPMENT, INCORPORATED
A special meeting of the Board of Directors, and of the
shareholders of the corporation, was held on August 23, 1999.
All directors and shareholders being present, the meeting
was called to order by the President, All of the shareholders
and directors waived notice of the meeting,
Upon motion duly made, seconded and unanimously approved by
all directors and shareholders, it was:
RESOLVED that Douglas R. Bloom, President/Secretary of the
,--.. corporation has the authority to sign any and all documents
regarding all business transactions of the corporation. This is
to include but not limited to the day to day operations of the
Corporation, any purchase or sales of real estate, purchases and
sales of equipment and any other business the president deems
appropriate,
--
- 6
Dou a Blo President/Secretary
EXHIBIT C
Title Report Relative to the New Owner's Parcel.
Forn No. 14 Guarantee No.: 4299-302530
Subdivision Guarantee
GUARANTEE
Issued by ~ ~~~~ ~~,~~~~
First American Tit/e Insurance Company
Bell Towne Centre, 4200 6th A venue Southeast Suite 201,
Lacey, WA 98503
Title O~cer.• Randy Hudson
Phone: (360) 491-1606
FAX.• (360) 352-7417
FirstAmerican Title
Form No. 14
Subdivision Guarantee (4-10-75)
1~~ ~ t ~9 ~ JC 1 N
t'
^c 1•
Guarantee No.: 4299-302530
Page No.: 1
First American Tit/e Insurance Company
Bell Towne Centre, 4200 6th Avenue Southeast Suite 201, Lacey, WA 98503
(360) 491-1606 - FAX (360) 352-7417
Title Team Five (Thurston/Mason)
Fax No. (253) 671-5816
Doreena Baird Ken Wilson Randy Hudson
(360) 491-1606 (253) 671-5815 (253) 671-5814
dbaird@firstam.com kwilson@firstam.com rhudson@firstam.com
SUBDIVISION GUARANTEE
LIABILITY
FEE
$ 1,000.00
ORDER NO.:
$ 200.00 TAX $ 16.80 YOUR REF.:
First American Title Insurance Company
a Corporation, herein called the Company
Subject to the Liability Exclusions and Limitations set forth below and in Schedule A.
GUARANTEES
Rainier General Development
4299-302530
herein called the Assured, against loss not exceeding the liability amount stated above which the Assured
shall sustain by reason of any incorrectness in the assurances set forth in Schedule A.
LIABILITY EXCLUSIONS AND LIMITATIONS
1. No guarantee is given nor liability assumed with respect to the validity, legal effect or priority of
any matter shown therein.
2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the
Assured because of reliance upon the assurance herein set forth, but in no event shall the
Company's liability exceed the liability amount set forth above.
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.
Dated: November 19, 2003 at 7:30 A.M.
First American Tit/e
Form No. 14
Subdivision Guarantee (4-10-75)
SCHEDULE A
The assurances referred to on the face page are:
A. Title is vested in:
Guarantee No.: 4299-302530
Page No.: 2
Rainier General Development, Tnc., a Washington Corporation
B. That according to the Company's title .plant records relative to the following described real
property (including those records maintained and indexed by name), there are no other
documents affecting title to said real properly or any porition thereof, other than those shown
below under Record Matters.
The following matters are excluded from the coverage of this Guarantee:
1. Unpatented Mining Claims, reservations or exceptions in patents or in acts authorizing the
issuance thereof.
2. Water rights, claims or title to water.
3. Tax Deeds to the State of Washington.
4. Documents pertaining to minera- estates.
DESCRIPTION:
Lot B of Boundary Line Adjustment No. BLA03-8344YL as recorded July 31, 2003 under
Recording No. 3557667 and 3557668, in Thurston County, Washington.
APN: 21725110502
First American Title
Form No. 14
Subdivision Guarantee (4-10-75)
RECORD MATTERS:
Guarantee No.: 4299-302530
Page No.: 3
1. Deed of Trust and the terms and conditions thereof.
Grantor/Trustor: Ranier General Development, Inc., a Washington corporation
Grantee/Beneficiary: Linda Spain, as her separate estate
Trustee: Stewart Title
Amount: $100,000.00
Recorded: August 12, 2003
Recording Information: 3562039
2. Easement, including terms and provisions contained therein:
Recording Information: 40527
For: Pole privilege
3. Easement, including terms and
Recorded:
Recording Information:
In Favor Of:
For:
provisions contained therein:
June 18, 1926
167933
Puget Sound Power and Light Company, a Washington
corporation
Electric transmission and/or distribution system
4. Right to make necessary slopes for cuts or fills upon said premises for Road as granted by deed
recorded February 10, 1982 under recording no. 8202100061.
5. The terms and provisions contained in the document entitled ""City of Yelm Ordinance No. 468""
Recorded: July 16, 1993
Recording No.: 9307160018
6. The terms and provisions contained in the document entitled ""City of Yelm Ordinance No. 468""
Recorded: November 16, 1993
Recording No.: 9311160098
7. The terms and provisions contained in the document entitled ""City of Yelm Ordinance No. 607""
Recorded: September 3, 1998
Recording No.: 3176833
8. Terms, covenants, conditions and restrictions as contained in recorded Lot Line Adjustment
(Boundary Line Revisions):
Recorded: July 31, 2003
Recording Informaton: 3557667 and 3557668
._____..____..___. _ _.~.__.~ __..__.~_..~_ INFORMATIONAL NOTES ~ _~.___~ ~ ~~`-_~
A. General taxes for the year 2003, which have been paid.
Tax Account No.: 21725110100
Code Area: 170
Amount: $ 725.28
Assessed Land Value: $ 53,750.00
First American Tit/e
Form No. 14
Subdivision Guarantee (4-10-75)
Assessed Improvement Value: $ 0.00
B. General taxes for the year 2003, which have been paid.
Tax Account No.: 21725110200
Code Area: 170
Amount: $ 199.17
Assessed Land Value: $ 13,400.00
Assessed Improvement Value: $ 0.00
C. General taxes for the year 2003, which have been paid.
Tax Account No.: 21725110300
Amount: $ 479.62
Assessed Land Value: $ 35,000.00
Assessed Improvement Value: $ 0.00
D. General taxes for the year 2003, which have been paid.
Tax Account No.: 21725110500
Amount: $ 768.03
Assessed Land Value: $ 56,950.00
Assessed Improvement Value: $ 0.00
Guarantee No.: 4299-302530
Page No.: 4
Said amounts were for the entire plat of Boundary Line Adjustment No. BLA03-8344YL consisting
of 4 Lots and Tract(s) (Tax Account No(s). for Lot(s) B is/are 21725110502).
E. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment
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.
First American Title
FArm No. 14
Subdivision Guarantee (4-10-75)
SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE
Guarantee No.: 4299-302530
Page No.: 5
1. Except to the extent that specific assurance 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, (Z) 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 (Z) are shown by the records of the taxing authority or by the public
records.
(c) (1) Unpatented mining claims; (Z) 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 Z 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; (Z) 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. Def nition 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
properly 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 under this Guarantee 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 parry, 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 ail 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 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 of 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 ail 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.
Form No. 1282 (Rev. 12/15/95)
l=irstAmerican Tit/e
Forn No. 14
Subdivision Guarantee (4-10-75)
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 far 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 prosecution of any litigation for
which the Company has exercised its options under Paragraph 4.
7. Determination and Extent of Liability.
This Guarantee is a contrail 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 subjeil 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 defeil, lien or
encumbrance, or cures any other matter Assured against by this Guarantee in a
reasonably diligent manner by 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 thereby.
(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.
Guarantee No.: 4299-302530
Page No.: 6
(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, attomeys' 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 properly 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 Tide Insurance Arbitration Rules of the American Arbitration
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. Ail arbitrable matters when the Amount
of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company
or the Assured. Ail arbitrable matters when the amount of liability Is in excess of
$1,000,000 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.
Ali 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 2 First American Way. Bldg. 2, Santa Ana, CA. 92707.
Form No. 1282 (Rev. 12/15/95)
FirstAmerican Title
EXHIBIT D
Evidence of Authority of Doug Bloom to Sign on Behalf of the New Owner.
Rpr• 09 04 02:25p RGD Inc.
(360]446-2972 p.2
~~~, sTar& o~
o `~
a _ ~
~~ ~ ~~
~~'~ I689 ~~y
STATE of ry'~ASHINGZ~N SECREZARY' of ~TA7[`E
I, Ralph Munro, Secretary of State of the S#ate of Washington and custodian of its seal, hereby issue
this
CERTIFICATE OF INCORPORATION
to
RAINIER GENERAL DEVELOPMENT, INCORPORATED
a Washington Profit corporation. Articles of Incorporation were
filed for record in this office on the date indicated below:
U.B.I. Number. 601 211 316
Date: November 6 , 198 9
Given under my hand and the seal of the State of
Washington, at Olympia, the State Capitol
~} 1Y r~
Ralph Munro, Secretary of State
S$F 87
z-419452-4
CITY OF YELM
APPLICATION TO SEGREGATE LID ASSESSMENT
PLEASE COMPLETE AND City of Yelm, Community Development Department
RETURN THIS FORM TO: 105 Yelm Ave. W, P.O. Box 479, Yelm, WA 98597
Applicant: Denny Balascio,
Yelm Propert~Development, LLC
Mailing Address: 16422 Middle Road SE
City, St., Zip: Yelm, WA 98597
Telephone: (360) 458-0544
Property Owner: Fran Sherrill, Director,
Senior Multipurpose Center of Yelm
Mailing Address: PO Box 757
City, St., Zip: Yelm WA 98597
Telepone: (3602458-7733
Current Parcels Current Assessment
(Tax Parcel No.) Amount
64303600302 $18,717.66
New Parcel Description
(Tax Parcel No.) Number
of ERU's
84070003500 1 ERU
84070003600 1 ERU
84070003700 1 ERU
84070003800 1 ERU
84070003900 1 ERU
84070004000 1 ERU
84070004100 1 ERU
84070004200 1 ERU
84070004300 1 ERU
84070004400 1 ERU
84070004500 1 ERU
(if additional space is required, please attach the requested information on a separate sheet)
1. The undersigned holds an ownership interest in the above referenced parcels(s) located
within a local improvement district in the City of Yelm, Thurston County, Washington.
2. The City of Yelm is hereby requested to segregate the assessment amount(s) listed above in
accordance with the new property configuration.
3. This application for segregation of assessment is made under the provisions of § 35.44.410 of
the Revised Code of Washington.
e/n7 n, •r , ~ L ~ __
Applican (please print)
~,~ ~- -.t.. ~ Wiz:
L:
Owner (pleas pri ) ' ~ 1
Signature ~
~1~ ~ _ ~~.~ ~`= -C~~~~
Signature
7;t ,
Date
~~
Date
ASSESSMENT SEGREGATION FEE
A segregation fee is due per § 35.44.410 of the Revised Code of Washington as a condition of final map approval.
The fee for less than 6 new parcels is $850. For segregation requests resulting in 6 or more new parcels, the fee is
$1,000 plus $25 for each parcel over 10 parcels. Please include payment with this completed form. Questions may
be directed to Public Finance at (425) 885-1604.
CITY USE: RECEIPT # 32289 DATE:JuIy 13, 2004 BY: TRM