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HomeMy WebLinkAboutMOW/CITY OF BREMERTON PACIFIC NORTHWEST TITLE Title Insurance Escrow Services Real Estate Resources November 26,2019 Attn: City Clerk City of Bremerton 345 6t'' Street,Suite 100 Bremerton,WA 98337 Order No.: 32167904 Escrow Number: 31083407 Your Reference: Mow/City of Bremerton Enclosed is your Policy for Title Insurance and Original Permanent Slope,Sidewalk and Public Utility Easement and Consent of Lienholder for the above-referenced transaction. Thank you for the opportunity to serve you. We look forward to working with you again. Also included with the other documents is the Temporary Construction Easement 2021 NW Myhre Road,Suite 300,Post Office Box 3607,Silverdale,WA 98383 Phone: (360)692-4141 /Fax: (360)692-5569 Web Site:http://www.pnwtkitsap.com PACIFIC NORTHWEST TITLE 201911150219 Easement Rec Fee: $ 107.50 11/15/2019 02:31 P11 Page: 1 of 5 After recording return document to: Paul Andrews, Kitsap Co Auditor CITY OF BREMERTON "Said document(s)were filed for Attn: City Clerk record by Pacific Northwest Title as 345 6t'Street, Suite 100 accommodation only. It has not been Bremerton, WA 98337 examined as to proper execution or as to its effect upon title." 3)4(IliOil Document Title: Slope, Sidewalk and Public Utility Easement Reference Number of Related Document: Grantors: Troy J. Mow and Elilai A. Mow Grantee: City of Bremerton Legal Description: Resultant Sloan Parcel, AFN 3047954, Ptn Gov Lot 5, Section 17, Township 24 North, Range 1 East, Kitsap County, WA Additional Legal Description is on Page 4 of Document. Assessor's Tax Parcel Number: 172401-1-054-2001 PERMANENT SLOPE, SIDEWALK AND PUBLIC UTILITY EASEMENT The Grantors, Troy J. Mow and Elilai A. Mow, husband and wife, for and in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS, and other valuable consideration, convey and warrant unto the City of Bremerton, a Washington municipal corporation, and its assigns, a permanent public non-exclusive easement over, under, upon and across the hereinafter described lands for the purposes of constructing and maintaining support slopes in excavation and/or embankment for sidewalk construction and support thereof; and together with a permanent public non-exclusive easement over, under, upon and across the hereinafter described lands for construction, repairing and maintaining a public sidewalk; and together with a permanent public non-exclusive easement over, under, upon and across the hereinafter described lands for the purpose of installing, constructing, maintaining, removing,repairing public utilities, together with all connections, and appurtenances thereto, with the right of ingress to and egress from said described lands. All rights herein are granted to the same extent and purpose as if the rights herein granted had been acquired under Eminent Domain statutes of the State of Washington. Said lands being situated in Kitsap County, State of Washington, and described as follows: See Legal Description shown on Exhibit A and further depicted on Exhibit B attached hereto and made a part hereof. Page I of 5 KITSAP COUNTY TREASURER EXCISE 11/15/2019 2019EX08424 Total: $10.00 Clerk's Initial �� I Slope, Sidewalk and Public Utility Easement It is understood and agreed that delivery of this Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Bremerton unless and until accepted and approved hereon in writing by the City of Bremerton. Dated ..�,ep'Iem ier 28 ,20/7 Accepted and Approved: City of Bremerton 00 J By: 4 ,,YTy / Gr-it heeler, City Mayor (/- k(1.,0ACAS Date: 1 'JO" 1 9 Elilai A. Mow Page 2of 5 1 Slope, Sidewalk and Public Utility Easement STATE OF WASHINGTON ) : ss. County of K/ rsitP ) On this 2 v-day of Se pie m b 4 , 20 /q, before me personally appeared Troy J. Mow and Elilai A. Mow,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. LNotary Public ___r_ c`it, .,, ,. State of Washington ANTHONY J MACDONALD Notary(print name) ,/�7 7£i y jr W c AO?CPlJ MY COMMISSION EXPIRES Notary Public in and for the State of Washington, APRIL 4,2021 residing at e or'!M My Appointment expires 477 7) 2e2i Page Sof 5 EXHIBIT A LEGAL DESCRIPTION FOR SIDEWALK AND SLOPE EASEMENT KITSAP COUNTY TAX PARCEL NO.172401-1-054-2001 THAT PORTION OF KITSAP COUNTY TAX PARCEL NO. 172401-1-054-2001 AND THE REVISED SLOAN PARCEL PER QUIT CLAIM DEED ADJUSTING THE BOUNDARY LINE,RECORDED UNDER AUDITOR'S FILE NO.3047954 AND LOCATED IN GOVERNMENT LOT 5(SOUTHEAST QUARTER OF THE NORTHEAST QUARTER),SECTION 17,TOWNSHIP 24 NORTH,RANGE 1 EAST,W.M.,CITY OF BREMERTON,KITSAP COUNTY,WASHINGTON,BEING FURTHER DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF THE HARLOW DRIVE RIGHT OF WAY,SAID POINT ALSO BEING THE NORTHEAST CORNER OF SAID REVISED SLOAN PARCEL; THENCE SOUTH 25°11'29"EAST ALONG THE EASTERLY LINE OF SAID REVISED SLOAN PARCEL A DISTANCE OF 52.85 FEET;THENCE SOUTH 12°23'52"EAST CONTINUING ALONG SAID EASTERLY LINE A DISTANCE OF 41.23 FEET;THENCE SOUTH 83°49'23"WEST A DISTANCE OF 3.60 FEET;THENCE NORTH 19°10'42"WEST A DISTANCE OF 24.51 FEET;THENCE NORTH 16°42'33"WEST A DISTANCE OF 46.72 FEET;THENCE NORTH 32°07'25"WEST A DISTANCE OF 24.46 FEET TO A POINT ON THE NORTH LINE OF SAID REVISED SLOAN PARCEL;THENCE SOUTH 88°53'05"EAST ALONG SAID NORTH LINE A DISTANCE OF 6.72 FEET TO THE POINT OF BEGINNING. EXCEPT ANY PORTION THAT MAY LIE WITHIN THE RIGHT OF WAY OF SAID HARLOW DRIVE. CONTAINING 506 SQUARE FEET,MORE OR LESS. 7/2/2019 ,0 i .„ ,, aih� 41964 .a°� o , ���4',,„ l AN ySJ�� 3 Page 4 of 5 DATE: Jul 02,2019 FMOW SIDEWALK-SLOPE EASE ~ ( / 73 ' I ' \ 0i , 1 § XIH, \ -I \ \' 4 6 | \ } J -4 § 2 m 2 m ( \ o / § / § § \ co • > $ - m > • S -1 3 0 2 2 5, $ \ @ m ri \ / ® » ^ \ 2 § g 2 A as § > k f \ » \� § Z/ 2 2 K \ F/ / « % m 2 G ® Z J® `~\ !la: 3 \ : 4 \ ,i..1 x \ gym � j\ \ Ai �--1Cit Cn \ r C2Aa - ~ 3 \°� 4. °r- 0 � � \CA {: f z r/2 « w ,\\ ) ) \� �rn # a rn > X \ ) , '( zR ■ ZI ^ • m2 �£ � m~ / § /\ »- ® = Q\ ^ /m » r � I 4y` zjmU \ A ƒ /I&/ ) §m � ~ y ® zm � � $rm / rn- ��\� \ � Z i : F. m- "4 . — \ oe \ ' ¥ \ q) ( -j f\ I © / \. am¥ �/ / + / / / +� / , o si � _ X Page 5 of 5 PACIFIC NORTHWEST TITLE 201911150221 Consent Rec Fee $ 104.50 11/15/2019 02:31 PM Page 1 of 2 After recording return document to: Paul Andrews, Kitsap Co Auditor CITY OF BREMERTON Attn: City Clerk "Said document sN were filed for 345 6th Street, Suite 100 record by Pacific Bremerton, WA 98337 accommodation only. It has not as examined as to proper execution or lolej v� as to its effect upon title." Document Title: Consent of Lienholder Reference Number of Related Document: N/A Grantor(s): Citibank, N.A., as trustee for CMLTI Asset Trust Grantee: City of Bremerton Abbreviated Legal Description: Resultant Sloan Parcel, AFN 3047954, Ptn Gov Lot 5, Section 17, Township 24 North, Range 1 East, Kitsap County, WA Assessor's Tax Parcel Numbers: 172401-1-054-2001 CONSENT OF LIENHOLDER Citibank, N.A., as trustee for CMLTI Asset Trust ("Lienholder"), who is secured by an Assignment of Deed of Trust dated August 26, 2019 and recorded on September 9, 2019 under Kitsap County Recording Number 201909090143, records of Kitsap County, State of Washington, hereby consents to the grant of a Sidewalk/Slope and Utility Easement between Troy J. Mow and Elilai A. Mow, ("Grant r") to City of Bremerton, a Washington municipal corporation, (Grantee) dated , 2019 and joins in the execution hereof solely as Lienholder and hereby does agree that in the event of foreclosure of said Deed of Trust or other sale of said property described in said Deed of Trust under judicial and non-judicial proceedings, the same shall be sold subject to said easement. Signed and executed this/ytkday of C)C.70 C'd'- 2019 Citibank, N.A., as trustee for CMLTI Asset Trust by Fay Servicing, LLC its attorney in fact By: 2 • Printed Name: \JuA5.J)1.1 i Title: r '7` f1'Vc11-ij 1 of 2 STATE OF 11.1$t3OlS } } SS. County of COOS } I certify that I know or have satisfactory evidence that �us"f1n� ,Z and is/are the person(s) who appeared before me, and said person(s) acknowledged that (he/she/they) signed this instrument, on oath stated that (he is/she is/they are) authorized to execute the instrument and acknowledged it as the and of CMLTI Asset Trust, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. DATED: 10; /av^`'t Notary (print name) nt,c ccA Notary Public in and for the State of 4.1+vol residing at My Appointment expires - 0( - agog-t "OFFICIAL SEAL" SHUNGU CHIMBANGY Notary Public,State of Illinois My Commission Expires 8/1/2021 2 of AFTER RECORDING MAIL TO: City of Bremerton Attn: City Clerk 345 6th Street, Suite 100 Bremerton, WA 98337 "Said document(s)were filed for PACIFIC NORTHWEST TITLE 201911150220 record by Pacific Northwest True as Easement Rec Fee oPage 10i 50 11/15/2019 02:31 M . 1 of 5 accommodation only. It has not been Paul Andrews Kitsap Co Auditor examined as to proper execution or as to its effect upon title." TEMPORARY CONSTRUCTION EASEMENT 3 ) _1`10(1 Grantors: Troy J. Mow and Elilai A. Mow Grantee: City of Bremerton Abbreviated Legal: Resultant Sloan Parcel, AFN 3047954, Ptn Gov Lot 6, Section 17, Township 24 North, Range 1 East, Kitsap County, WA Tax Parcel No.: 172401-1-054-2001 City of Bremerton/Kitsap Lake Elementary Safe Routes to School Project Project Parcel# 15 61 THIS INSTRUMENT is made this .T, day of �c�pp err(Ger- , 20 / �l, by and between Troy J. Mow and Elilai A. Mow, husband and wife, hereinafter called the "Grantor", and the City of Bremerton, a Washington municipal corporation, hereinafter called the "Grantee". WITNESSETH: 1) Grant of Easement. The Grantor, for and in consideration of the public good and other valuable consideration, does by these presents, convey and warrant unto the Grantee a temporary construction easement (the"Easement")for access over, through, across and upon the following described real estate (the "Easement Area") situated in the County of Kitsap County State of Washington, for the placement of personnel and equipment for construction of public street improvements with necessary appurtenances, including placement of public and private utilities, within the adjoining public right of way: PER EXHIBIT A AND AS DEPICTED IN EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF BY REFERENCE 2) Purpose of Easement. The Grantee, its contractors, agents, and permittees, shall have the right at such times as may be necessary, to enter upon the Easement Area, including entry into private improvements located in the Easement Area for the purpose of constructing, maintaining, repairing, altering or reconstructing said street improvements, or making any connections therewith, including utility connections. Page 1 of 3 KITSAP COUNTY TREASURER EXCISE 11/15/2019 2019EX08425 Total: S10.00 Clerk's Initial 5 (" TEMPORARY CONSTRUCTION EASEMENT Grantee shall have the right to re-grade slopes and/or make cuts and fills to match street grade. Grantee's rights to use the Easement Area shall be exclusive at such times and for such duration as Grantee's construction requires. The rights herein granted shall include all incidental rights, including but not limited to, right of ingress and egress necessary to properly perform the work indicated for construction of the project. Grantee and those entitled to exercise the rights granted herein shall exercise all due diligence in their activities upon the property, and Grantee does hereby agree to indemnify and hold harmless the Grantor against and from any and all liability for losses, damages and expenses on account of damage to property or injury to persons resulting from or arising out of the rights herein granted to Grantee and/or its contractors, employees, agents, successors or assigns. 3) Grantor's Right to Use Easement Area. Except for those times when Grantee is making exclusive use of the Easement Area, the Grantor shall retain the right to use and enjoy the Easement Area, including the right to use existing private improvements located in the Easement Area so long as such use does not interfere with Grantee's construction of the public improvements described in this Easement. Except for periods of pavement or concrete curing, access to and from your property will be maintained throughout the project. 4) Term of Easement. The temporary rights herein granted shall terminate on December 31, 2021. This Easement may be extended by mutual written consent of the Grantor and Grantee. Grantors: df/CJ )411AAit/ Troy J. Mow Elilai A.-Mow Date: 7' U%�, Date: `- �� r 9 Page 2 of 3 TEMPORARY CONSTRUCTION EASEMENT Accepted By City of Bremerton Approved as to form: By: )dJ'J..LM_G2By:.-v 14-741 Printed Name: Greg Wheeler Printed Name: M41 am*l' kir L Title: City Mayor Title: City Attorney Date: to 1412o 11 Date: fo-`t-19 STATE OF WASHINGTON ) : ss County of , fa r.SA P ) On this 2 4-`' day of Sip 1P_m her 20 / '7, before me personally appeared Troy J. Mow and Elilai A. Mow, to me known to be the individuals described in and who executed the foregoing instrument, and acknowledged that they signed and sealed 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 wri en. Notary Public / / • State of Washington Printed Name: 1-4,1uT/'he. amehic ANTHONY J MACALD NotaryPublic in and for tf State of MY COMMISSION EXPIRES APRIL 4,2021 '' Washington, residing at/at tern 4 My commission expires g-,i 4, 202 / Page 3 of 3 EXHIBIT A LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT KITSAP COUNTY TAX PARCEL NO.172401-1-054-2001 THAT PORTION OF KITSAP COUNTY TAX PARCEL NO. 172401-1-054-2001 AND THE REVISED SLOAN PARCEL PER QUIT CLAIM DEED ADJUSTING THE BOUNDARY LINE,RECORDED UNDER AUDITOR'S FILE NO.3047954 AND LOCATED IN GOVERNMENT LOT 5(SOUTHEAST QUARTER OF THE NORTHEAST QUARTER),SECTION 17,TOWNSHIP 24 NORTH,RANGE 1 EAST,W.M.,CITY OF BREMERTON,KITSAP COUNTY,WASHINGTON,BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE WESTERLY LINE OF THE HARLOW DRIVE RIGHT OF WAY, SAID POINT ALSO BEING THE SOUTHEAST CORNER OF SAID REVISED SLOAN PARCEL; THENCE NORTH 12°23'52"WEST ALONG SAID WESTERLY LINE OF THE HARLOW DRIVE RIGHT OF WA"AND THE EAST LINE OF SAID REVISED SLOAN PARCEL A DISTANCE OF 7.93 FEET TO THE TRUE POINT OF BEGINNING. THENCE SOUTH 83°49'23"WEST A DISTANCE OF 8.12 FEET;THENCE NORTH 19°10'42"WEST A DISTANCE OF 28.60 FEET;THENCE NORTH 16°42'33"WEST A DISTANCE OF 46.15 FEET;THENCE NORTH 32°13'57"WEST A DISTANCE OF 27.09 FEET TO A POINT ON THE NORTH LINE OF SAID REVISED SLOAN PARCEL;THENCE SOUTH 88°53'05"EAST ALONG SAID NORTH LINE A DISTANCE OF 6.04 FEET;THENCE SOUTH 32°07'25"EAST A DISTANCE OF 24.46 FEET;THENCE SOUTH 16°42'33"EAST A DISTANCE OF 46.72 FEET;THENCE SOUTH 19°10'42"EAST A DISTANCE OF 24.51 FEET;THENCE NORTH 83°49'23"EAST A DISTANCE OF 3.60 FEET TO A POINT ON SAID WESTERLY LINE OF THE HARLOW DRIVE RIGHT OF WAY AND THE EAST LINE OF SAID REVISED SLOAN PARCEL;THENCE SOUTH 12°23'52"EAST A DISTANCE OF 5.03 FEET TO THE TRUE POINT OF BEGINNING. EXCEPT ANY PORTION THAT MAY LIE WITHIN THE RIGHT OF WAY OF SAID HARLOW DRIVE. CONTAINING 524 SQUARE FEET,MORE OR LESS. 7/2/2019 • A111 o 41964 lox �f�4.� NAL aLANt5 DATE: Jul 02,2019 FILE: MOW TCE n _i X \., D 1 X t . > X I I \ 'yy1 X ( \ > II CA m y iN ZO -AC A _- m O 1 0 O t z A gm• n 4 qc \ T.�\ � O mz \ r mD , ..Z -t � \ �NrnO z pc / \ oD I m m Coco Io X rn /' \ >o oho "I Am co a. oN z \ "= \ r• 0 \ mo o // \ 0r73 0 NJ /� o m m / � m �v \ t / / rnmp i� m* g, \• yom;< // QCn � \ a/ oA �cnoo 0 m�Ng \ \ ?'con ... / O yv, ))X "'I 0N� — \ r� �/ --.1.7) i.crni 1l'1 C CO wr�> , \u \ z m C7 0000 0 N JY.; n v vz* Oh / o p Q MI N.�,w \ g~�'i N / / NJ A N Z A C z mo ' ? mrn� m� m N 4' p r �N Vn^\ \/ . GFR�\ \ � Wi' N CA -I 0 --I�� onj ' ar � � m -1, \ lf' \ � o �s0 g, 4 `� \t \ yo:0� . r cD LJ T NU j ' . N 9 W N r,-7 W• CO 2 • N O%VO� w Ni rri O cA / 1 N ,•1.- '4 /r / O cv I a ° 2. v k e 0 * * * * OWNER'S POLICY OF TITLE INSURANCE yt ` * Policy Number OX 12689851 * ` * Issued by Old Republic National Title Insurance Company ** * * Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage,not exceeding the Amount of Insurance,sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from: (a) A defect in the Title caused by (i) forgery, fraud,undue influence,duress,incompetency, incapacity,or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created,executed,witnessed,sealed,acknowledged,notarized,or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified,expired,or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law;or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable,but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance,permit, or governmental regulation (including those relating to building and zoning)restricting,regulating,prohibiting,or relating to (a) the occupancy,use,or enjoyment of the Land; (b) the character,dimensions,or location of any improvement erected on the Land; (c) the subdivision of land;or (d) environmental protection if a notice,describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce,but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records,but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors'rights laws;or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency,or similar creditors'rights laws by reason of the failure of its recording in the Public Records ORT Form 4309A Page 1 Schedule A for ALTA Owners Policy of Title Insurance 6-17-06 (i) to be timely,or (ii) (ii)to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. Issued through the Office of: OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Pacific Northwest Title of Kitsap 2021 Myhre Road NW Suite 300 A Stock Company Post Office Box 3607 400 Second Avenue South,Minneapolis,Minnesota 55401 Silverdale,WA 98383 (612)371-1111 (360)692-4141 1 !P• BY .>s, '1` . . President :7 g * 4 -77C441"-Z. e[ • :m �i 'fin: By :o'f ,' t • A ! 7f Authorized Signature Attest i�' �' " mot Secretary 'g•ru4444 ORT Form 4309A Page 2 Schedule A for ALTA Owners Policy of Title Insurance 6-17-06 EXCLUSIONS FROM COVERAGE 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 that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,prohibiting,or relating to (i) the occupancy,use,or enjoyment of the Land; (ii) the character,dimensions,or location of any improvement erected on the Land; (iii) the subdivision of land;or (iv) environmental protection; or the effect of any violation of these laws, ordinances,or governmental regulations. This Exclusion 1(a)does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 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 (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10);or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim,by reason of the operation of federal bankruptcy, state insolvency,or similar creditors' rights laws,that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer;or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. ORT Form 4309A Page 3 Schedule A for ALTA Owners Policy of Title Insurance 6-17-06 CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b),or decreased by Sections 10 and 11 of these Conditions. (b) "Date of Policy": The date designated as"Date of Policy"in Schedule A. (c) "Entity": A corporation,partnership,trust,limited liability company,or other similar legal entity. (d) "Insured": The Insured named in Schedule A. (i) The term"Insured"also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors,personal representatives,or next of kin; (B) successors to an Insured by dissolution,merger,consolidation,distribution,or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured, (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly-owned by the same person or Entity,or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to(A), (B), (C), and(D)reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge" or"Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "Land": The land described in Schedule A,and affixed improvements that by law constitute real property. The term"Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. (i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. (j) "Title": The estate or interest described in Schedule A. (k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land,or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either(i)an estate or interest in the Land, or (ii)an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii)in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy,or(iii)if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice,the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, ORT Form 4309A Page 4 Schedule A for ALTA Owners Policy of Title Insurance 6-17-06 encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible,the basis of calculating the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause)to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees,costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection,it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction,and it expressly reserves the right, in its sole discretion,to appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals,the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation,the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend,prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant 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 Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection,unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;TERMINATION OF LIABILITY In case of a claim under this policy,the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs,attorneys'fees,and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend,prosecute,or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) To pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition,the Company will pay any costs,attorneys'fees,and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay;or ORT Form 4309A Page 5 Schedule A for ALTA Owners Policy of Title Insurance 6-17-06 (ii) To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage,other than the payments required to be made,shall terminate,including any liability or obligation to defend,prosecute,or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance;or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title,as insured, (i) the Amount of Insurance shall be increased by 10%,and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under(a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including 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,adverse to the Title,as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE;REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions,the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds,notwithstanding any terms or conditions contained in those instruments that address subrogation rights. ORT Form 4309A Page 6 Schedule A for ALTA Owners Policy of Title Insurance 6-17-06 14. ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision,or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of$2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s)may be entered in any court of competent jurisdiction. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any,attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy,this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states, it does not(i) modify any of the terms and provisions of the policy, (ii)modify any prior endorsement,(iii)extend the Date of Policy,or(iv)increase the Amount of Insurance. 16. SEVERABILITY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid,but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefore in reliance upon the law affecting interests in real property and applicable to the interpretation,rights,remedies,or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore,the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES,WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at 400 Second Avenue South,Minneapolis,Minnesota 55401-2499. ORT Form 4309A Page 7 Schedule A for ALTA Owners Policy of Title Insurance 6-17-06 Old Republic National Title Insurance Company Schedule A Order No.: 32167904 Policy No.: OX 12689851 Address Reference: 6025 Harlow Drive,Bremerton,WA 98312 Date of Policy: November 15,2019 Amount of at2:31PM Insurance: $2,404.00 Premium: $607.00 I. Name of Insured: City of Bremerton,a Washington municipal corporation 2. The estate or interest in the Land that is insured by this policy is: An Easement recorded on November 15,2019 under Auditor's File No.201911150219 3. Title is vested in: City of Bremerton,a Municipal Corporation 4. The Land referred to in this policy is described as follows: See Exhibit "A" Attached Hereto ORT Form 4309A Page 8 Schedule A for ALTA Owners Policy of Title Insurance 6-17-06 Exhibit"A" Order No.: 32167904 Policy No.: OX 12689851 That portion of Kitsap County Tax Parcel No. 172401-1-054-2001 and the revised Sloan Parcel per Quit Claim Deed adjusting the Boundary Line,recorded under Auditor's File No.3047954 and located in Government Lot 5(Southeast quarter of the Northeast quarter),Section 17,Township 24 North,Range 1 East,W.M.,City of Bremerton,Kitsap County,Washington being further described as follows: Beginning at a point on the Westerly line of the Harlow Drive Right of Way,said point also being the Northeast corner of said revised Sloan Parcel; Thence South 25°11'29"East along the Easterly line of said revised Sloan Parcel a distance of 52.85 feet; thence South 12°23'52"East continuing along said Easterly line of a distance of 41.23 feet;thence South 83°49'23"West a distance of 3.60 feet; thence North 19°10'42"West a distance of 24.51 feet; thence North 16°42'33"West a distance of 46.72 feet;thence North 32°07'25"West a distance of 24.46 feet to a point on the North line of said revised Sloan Parcel; thence South 88°53'05"East along said North line a distance of 6.72 feet to the point of beginning. Except any portion that may lie within the Right of Way of said Harlow Drive. Containing 506 Square feet,more or less. ...End of Exhibit"A"... ORT Form 4309A Page 9 Schedule A for ALTA Owners Policy of Title Insurance 6-17-06 Old Republic National Title Insurance Company Schedule B Exceptions from Coverage Order No.: 32167904 Policy No.: OX 12689851 This policy does not insure against loss or damage, and the Company will not pay costs, attorneys'fees, or expenses that arise by reason of: 1. Rights or claims of parties in possession not shown by the public records. 2. Public or private easements, or claims of easements,not shown by the public records. 3. Encroachments, overlaps,boundary line disputes, or other matters which would be disclosed by an accurate survey or inspection of the premises. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records, or liens under the Workmen's Compensation Act not shown by the public records. 5. Any title or rights asserted by anyone including but not limited to persons,corporations,governments or other entities,to tide lands,or lands comprising the shores or bottoms of navigable rivers, lakes, bays, ocean or sound, or lands beyond the line of the harbor lines as established or changed by the United States Government. 6. (a)Unpatented mining claims; (b)reservations or exceptions in patents or in Acts authorizing the issuance thereof;(c)water rights, claims or title to water. 7. Indian tribal codes or regulations, Indian treaty or aboriginal rights, including, but not limited to, easements or equitable servitudes. 8. Any service, installation,connection, maintenance, capacity, or construction charges for sewer, water, electricity or garbage removal. 9. General taxes not now payable or matters relating to special assessments and special levies, if any, preceding the same becoming a lien. Special Exceptions: Continued on next page ORT Form 4309 B Page 10 Schedule B for ALTA Owners Policy of Title Insurance 6-17-06 Schedule "B"—Continued Old Republic National Title Insurance Company Order No.: 32167904 Policy No.: OX 12689851 This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees, or expenses that arise by reason of: 1. Easement, and terms and conditions thereof,affecting a portion of said premises and for the purposes hereinafter stated,as disclosed by instrument recorded on April 15, 1949, under Kitsap County Auditor's File No. 487846. For: Maintain a water pipe 18"underground Affects: Portion of said premises 2. Easement, and terms and conditions thereof, affecting a portion of said premises and for the purposes hereinafter stated, as disclosed by instrument recorded on March 26, 1996,under Kitsap County Auditor's File No.9603260250. For: Ingress, egress and utilities Affects: Portion of said premises Said Easement was amended by Auditor's File No. 3047953. 3. Agreement and the terms and conditions thereof: By and Between: Property owners Dated: March 11, 1996 Recorded: March 26, 1996 Auditor's File No.: 9603260250 Regarding: Easement revision Said Agreement was amended by Auditor's File No. 3047953. 4. Quit Claim Deed and Agreement for Fixing and Adjusting Boundary Line and the terms and conditions thereof: Recorded: October 23, 1997 Auditor's File No.: 3047954 ORT Form 4309 B Page 11 Schedule B for ALTA Owners Policy of Title Insurance 6-17-06 i t Schedule B-continued Order No.:32167904 Policy No.: OX 12689851 5. Deed of Trust, and the terms and conditions thereof: Grantor: Troy J.Mow and Elilai A.Mow, husband and wife Trustee: Land America One Stop Beneficiary: Citicorp Trust Bank,fsb Amount: $183,640.77,plus interest Dated: December 6,2008 Recorded: December 15,2008 Auditor's File No.: 200812150029 By successive assignments,the beneficial interest under said Deed of Trust has been assigned by instrument recorded September 9,2019,under Kitsap County Auditor's File No.201909090143 To: Citibank,N.A.,as Trustee for CMTLI Asset Trust Quality Loan Service Corporation of Washington was appointed new trustee under said Deed of Trust in place of previous trustee,by instrument recorded June 7,2017,under Auditor's File No.201706070211. 6. Consent of Lienholder and the terms and conditions thereof: Recorded: November 15,2019 Auditor's File No.: 201911150221 7. Easement,and terms and conditions thereof,for the purposes hereinafter stated,as disclosed by instrument recorded on November 15,2019,under Kitsap County Auditor's File No.201911150219. For: Permanent slope, sidewalk and public utility 8. Matters delineated, described and noted on Survey recorded August 5, 1996, in Volume 45, Pages 182 and 183, under Auditor's File No. 9608050065. ...End of Schedule B... ORT Form 4309 B Page 12 Schedule B for ALTA Owners Policy of Title Insurance 6-17-06