AGENCY/DEPARTMENTAL NOTICE OF APPLICATION · 2013. 6. 7. · consist of 13,450 sq ft. The site is...

City of Tacoma Planning and Development Services Department 747 Market Street, Room 345 Tacoma, WA 98402

AGENCY/DEPARTMENTAL

NOTICE OF APPLICATION

Date of notification: April 25, 2013

Application received: April 15, 2013

Application complete: April 15, 2013

Applicant: Mike McEvilly, Sitts & Hill Engineers, 4815 Center St, Tacoma, WA 98409, (253) 474-9949

Location: 608 & 610 N. 1st Street, 618 & 633 Division,

Parcels 2030120030 and 2030120040

Application No(s): MPD2013-40000200026

Proposal: A Boundary Line Adjustment to configure three parcels from the current two parcels. Parcel A (dry cleaners) would consist of 4,880 sq ft. Parcel B (Stadium Thriftway) would consist of 46,228 sq ft. Parcel C (parking area) would consist of 13,450 sq ft. The site is zoned Neighborhood Commercial Mixed-Use (NCX) District. No development is proposed under the request.

Written AGENCY/DEPARTMENTAL comments must be submitted by May 9, 2013 to the below staff contact

For further information regarding this Notice of Application, log onto the website at http://govme.org and select “Permit Information” then “Land Use Notices”

Documents to Evaluate the Proposal: Boundary Line Adjustment map, Title Report, Land Use Application

Studies Requested: Not applicable to this proposal

Other Required Permits: None identified

Applicable Regulations of the Tacoma Municipal Code:

• Chapter 13.04 Platting and Subdivisions

• Chapter 13.05 Land Use Permit Procedures

• Chapter 13.06 Zoning

• Other associated regulations and policies

A final decision on the proposal will be made by the Director of the Planning and Development Services Department following the close of the agency/departmental comment period. The decision will be mailed to the applicant, property owner, and project consultants. The decision will include appeal provisions.

Staff contact: Elliott Barnett, Associate Planner 747 Market St, Room 345, Tacoma, WA 98402; 253-591-5389; [email protected]

Environmental Review: Pursuant to WAC 197-11-9-800 and the City of Tacoma’s SEPA Procedures, this proposed action is exempt from

http://govme.org/

mailto:[email protected]

the Threshold Determination and Environmental Impact Statement requirements of SEPA.

The City of Tacoma does not discriminate on the basis of disabilities in any of its programs or services. Upon request, special accommodations can be provided within five (5) business days by contacting the City Clerk’s Office at 591-5171 (voice) or 591-5058 (TDD)

City of Tacoma Planning & Development Services Department 747 Market Street, Room 345 Tacoma, WA 98402

TACOMA AVENUE

"G" STREET

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SOUTH 1ST STREET

BROADWAY

SITE

Version: 6/96

Community & Economic Development Department Building and Land Use Services 747 Market Street, Room 345 Tacoma, WA 984023769 (253) 5915577

Before submitting this form, review the instruction sheet for the type of permit for which you are applying. Ask staff at the address above for the appropriate instruction sheet.

Type of Permit For Office Use Only

Boundary Line Adjustment Site Approval Variance File No. __________________

Binding Site Plan Special/Conditional Use Waiver Env. Checklist yes / no

Plat Special Development Exception Concurrency yes / no

Short Plat Temporary Use Other:_________ Preapp meeting yes / no

Reclassification Planner at mtg. ____________

Applicant

Name: Relationship to Property:

Mailing Address: Owner

City & Zip Code: Lessee

Phone: (Work) Contract Purchaser

(Fax) Other:_____________

Email Address:

Property Description

Site Address: . (or nearest intersection if no address) .

. . .

Assessor’s Parcel Number(s): . Section Township Range

Legal Description: (may be attached)

________________________________________________________________

________________________________________________________________

________________________________________________________________

Is there a wetland on the site? yes / no If yes, please describe: ____________________________________

________________________________________________________________

________________________________________________________________

Property Owners (if different from applicant)

Name:

Mailing Address:

City & Zip Code:

Phone: (Work)

(Home)

(Fax)

Land Use Permit Application

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X

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Mike McEvilly

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4815 Center Street

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Tacoma, WA 98409

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(253) 474-9949

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(253) 474-0153

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[email protected]

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x

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203012-003-0, 203012-004-0

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608&610 North 1st Street, 618&633 Division

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32

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21 N

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3 E

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No

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Attached

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Rep.

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David & Barbara Shaw

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Darrell&Lois Wickham

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Zona Wickham

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6306 SR 702 South

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Roy, WA 98580

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13013 Panorama Dr.

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Fountain Hills, AZ

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(480) 837-7520

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1218 2nd Street

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Kirkland, WA 98033

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(425) 376-1990

Current Use of Property

Please describe how the property is currently being used and what structures exist.

Proposal

Please describe your proposal. To help you write your description, review the requirements and criteria for the permit for which you are applying. Please address the permit requirements and criteria in your description below,

or if more appropriate, in the maps and attachments you provide.

Attachments Please review the instruction sheet to determine what attachments must be submitted with your application. Types of attachments that may be required are:

Site plans, floor plans and building elevations.

Landscape plans.

Building or site sections.

Question sheets or studies. I hereby state that I am the applicant listed above and that the foregoing statements and answers herein made, all information and evidence herein made, and all information and evidence herewith submitted are, in all respects and to the best of my knowledge and belief, true and complete. I understand that the filing fee accompanying this application is not refundable, is only for the purpose of partially defraying the normal administrative expenses of processing the application, and that the payment of said fee does not result in automatic issuance of the permit requested in this application.

Signature Date

Received, Public Works Department Date

mcdanielt

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Parcel A = Dry Cleaners(Morrells), Parcel B = Grocery Store(Thriftway)

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Boundary Line Adjustment to enlarge the size of Parcel A (Dry Cleaners)

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and place the majority of the shared parking lot on a seperate parcel.

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The property line of Parcel B(Grocery Store-Stadium Thriftway)would shift

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closer to the existing building. The goal is to adjust the parcel lines

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of the underlying platted lots to have 3 proposed parcels (cleaners,

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grocery store, and parking lot).

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CHANGE TO: PDS Director

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PDS Director

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SHOW UTILITY INFORMATION PER COMMENTS FROM ENVIRONMENTAL SERVICES

1. WA Commercial Commitment AMD Form WA-5 (6/76) File No.: NCS-569837-WA1Commitment Face Page

First American Title Insurance Company

COMMITMENT FOR TITLE INSURANCE Issued by

FIRST AMERICAN TITLE INSURANCE COMPANY

First American Title Insurance Company, herein called the Company, for 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 mortgagor 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 the Commitment or by subsequent endorsement. This Commitment if preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six (6) 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. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent.

IN WITNESS WHEREOF, the Company has caused this commitment to be signed and sealed, to become valid when countersigned by an authorized officer or agent of the Company, all in accordance with its By-Laws. This Commitment is effective as of the date shown in Schedule A as �Effective Date.�


By: President

Attest: Secretary

By:

Countersigned

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First American Title


Form WA-5 (6/76) File No.: NCS-569837-WA1Commitment Page No. 1


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National Commercial Services 818 Stewart Street, Suite 800, Seattle, WA 98101

(206)728-0400 - (800)526-7544 FAX (206)448-6348

Nathan J. Jones (206)615-3047

[email protected]

To: Irwin Development Group, LLC File No.: NCS-569837-WA1 12835 Bellevue-Redmond Road, Suite 203 Your Ref No.: Stadium Dist

Properties Bellevue, WA 98005-2625 Attn: David Irwin

AMENDED SECOND REPORT SCHEDULE A

1. Commitment Date: March 20, 2013 at 7:30 A.M.

2. Policy or Policies to be issued: AMOUNT PREMIUM TAX

Extended Owner's Coverage $ 6,500,000.00 $ To Follow $ To Follow Proposed Insured: Irwin Development Group LLC, a Washington limited liability company and/or assigns

Easement Coverage $ 40.00 $ 3.72

3. The estate or interest in the land described on Page 2 herein is Fee Simple as to Parcels A, C, D and E, an Easement as to Parcel B, and title thereto is at the effective date hereof vested in:

David C. Shaw and Barbara Shaw, husband and wife, Darrell E. Wickham and Lois J. Wickham, Trustees of the Darrell E. Wickham and Lois J. Wickham Revocable Trust dated July 22, 1998 and Zona Wickham aka Zona M. Wickham, as her separate estate, each as to their interests appear of record as to Parcel A and Darrell E. Wickham and Zona Wickham, husband and wife and David C. Shaw and Barbara Shaw, husband and wife, as tenants in common, as to Parcels C, D and E

4. The land referred to in this Commitment is described as follows:

The land referred to in this report is described in Exhibit "A" attached hereto.





EXHIBIT 'A'

LEGAL DESCRIPTION: PARCEL A: ALL OF BLOCKS 3012, 3013 AND 3014, MAP OF NEW TACOMA, W.T., ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 3, 1875, IN PIERCE COUNTY, WASHINGTON; ALSO THAT PORTION OF NORTH "G" STREET LYING BETWEEN SAID BLOCKS 3013 AND 3014 VACATED BY ORDINANCE NUMBER 65 OF THE CITY OF TACOMA, AND THAT PORTION OF ALLEY LYING BETWEEN SAID BLOCKS 3012 AND 3013 VACATED BY ORDINANCE NUMBER 106 OF THE CITY OF TACOMA; ALSO THAT VACATED PORTION OF THE SOUTHEASTERLY 5.2 FEET OF NORTH 1ST STREET LYING NORTHWESTERLY OF AND ABUTTING LOT 1, BLOCK 3013, AS VACATED BY CITY OF TACOMA ORDINANCE NUMBER 25654; EXCEPT THE FOLLOWING DESCRIBED PROPERTY: BEGINNING AT THE MOST NORTHERLY CORNER OF BLOCK 3012, SAID PLAT; THENCE ON THE WESTERLY LINE OF SAID BLOCK SOUTH 25° 30' WEST 78.80 FEET; THENCE PARALLEL TO THE NORTHERLY LINE OF SAID BLOCK SOUTH 64° 30' EAST 179.56 FEET; THENCE SOUTH 76° 07' EAST 58.74 FEET TO THE EASTERLY LINE OF SAID BLOCK; THENCE ON SAID EASTERLY LINE NORTH 53° 20' EAST 75.71 FEET TO SAID NORTHERLY LINE OF BLOCK; THENCE NORTH 64° 30' WEST 272.49 FEET TO THE POINT OF BEGINNING. PARCEL B: A NON-EXCLUSIVE EASEMENT OVER A STRIP OF LAND 15.00 FEET IN WIDTH FOR INGRESS AND EGRESS OVER THE FOLLOWING DESCRIBED TRACT OF LAND, IN PIERCE COUNTY, WASHINGTON. COMMENCING AT THE MOST NORTHERLY CORNER OF BLOCK 3012, SAID PLAT; THENCE ON THE WESTERLY LINE OF SAID BLOCK SOUTH 25° 30' WEST 71.30 FEET TO THE POINT OF BEGINNING; THENCE PARALLEL TO THE NORTHERLY LINE OF SAID BLOCK SOUTH 64° 30' EAST 178.80 FEET; THENCE SOUTH 76° 07' EAST 64.15 FEET TO THE EASTERLY LINE OF SAID BLOCK; THENCE ON SAID EASTERLY LINE SOUTH 53° 20' WEST 19.42 FEET; THENCE NORTH 76° 07' WEST 53.33 FEET; THENCE NORTH 64° 30' WEST 180.32 FEET; THENCE NORTH 25° 30' EAST 15 FEET TO THE POINT OF BEGINNING; EXCEPTING FROM SAID EASEMENT THAT PORTION THEREOF LYING WITHIN THE MAIN TRACT. PARCEL C: THAT PORTION OF BLOCK 3113, MAP OF NEW TACOMA, W.T., ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 3, 1875, IN PIERCE COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID BLOCK 3113; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID BLOCK 3113, 90 FEET; THENCE WESTERLY PARALLEL WITH THE NORTHERLY LINE OF SAID BLOCK 90 FEET;





THENCE SOUTHERLY PARALLEL WITH THE EASTERLY LINE OF SAID BLOCK, 90 FEET TO THE SOUTH LINE OF SAID BLOCK; THENCE EASTERLY ALONG SAID SOUTH LINE 90 FEET TO THE POINT OF BEGINNING. PARCEL D: ALL OF LOTS 5 TO 8, INCLUSIVE, BLOCK 3113, MAP OF NEW TACOMA, WASHINGTON TERRITORY, ACCORDING TO PLAT FILED FOR RECORD FEBRUARY 3, 1875, IN THE OFFICE OF THE COUNTY AUDITOR, IN PIERCE COUNTY, WASHINGTON; AND ALSO A PART OF LOTS 9 TO 12, INCLUSIVE, BLOCK 3113, MAP OF NEW TACOMA, WASHINGTON TERRITORY, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF SAID BLOCK 3113; THENCE WESTERLY ON THE NORTHERLY LINE OF BLOCK 3113, 100 FEET TO THE NORTHWESTERLY CORNER OF LOT 9; THENCE SOUTHERLY ON THE WESTERLY BOUNDARY LINE OF LOT 9, 120 FEET TO THE SOUTHERLY LINE OF SAID BLOCK 3113; THENCE EASTERLY ON THE SOUTHERLY BOUNDARY LINE OF BLOCK 3113, 10 FEET; THENCE NORTHERLY PARALLEL WITH THE WESTERLY LINE OF LOT 9, 90 FEET; THENCE EASTERLY PARALLEL WITH THE NORTHERLY LINE OF BLOCK 3113, 90 FEET TO THE EASTERLY LINE OF SAID BLOCK 3113; THENCE NORTHERLY ON THE EASTERLY LINE OF BLOCK 3113 TO POINT OF BEGINNING, IN PIERCE COUNTY, WASHINGTON. PARCEL E: LOTS 4 TO 12, INCLUSIVE, BLOCK 3114, MAP OF NEW TACOMA, WASHINGTON TERRITORY, ACCORDING TO PLAT FILED FOR RECORD FEBRUARY 3, 1875 IN THE OFFICE OF THE COUNTY AUDITOR, IN PIERCE COUNTY, WASHINGTON. TOGETHER WITH THE NORTH 7 FEET OF VACATED ALLEY ABUTTING THEREON AS VACATED BY THE CITY OF TACOMA ORDINANCE NO. 23788.





SCHEDULE B - SECTION 1 REQUIREMENTS

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. Item (C) Pay us the premiums, fees and charges for the policy. Item (D) You must tell us in writing the name of anyone not referred to in this Commitment who will

get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions

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. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.

B. Any facts, rights, interest, or claims which are not shown by the public records but which could

be ascertained by an inspection of said land or by making inquiry of person in possession thereof.

C. Easements, claims of easement or encumbrances which are not shown by the public records.

D. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records.

E. (1) Unpatented mining claims; (2) reservations or exceptions in patents or in acts authorizing the

issuance thereof; (3) Water rights, claims or title to water; whether or not the matters excepted under (1), (2) or (3) are shown by the public records; (4) Indian Tribal Codes or Regulations, Indian Treaty or Aboriginal Rights, including easements or equitable servitudes.

F. Any lien, or right to a lien, for services, labor, materials or medical assistance theretofore or

hereafter furnished, imposed by law and not shown by the public records.

G. Any service, installation, connection, maintenance, construction, tap or reimbursement charges/costs for sewer, water, garbage or electricity.

H. 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 mortgages thereon covered by this Commitment.

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SCHEDULE B - SECTION 2 (continued)

SPECIAL EXCEPTIONS

1. Lien of the Real Estate Excise Sales Tax and Surcharge upon any sale of said premises, if unpaid. As of the date herein, the excise tax rate for the City of Tacoma is at 1.78%. Levy/Area Code: 005

For all transactions recorded on or after July 1, 2005: • A fee of $10.00 will be charged on all exempt transactions; • A fee of $5.00 will be charged on all taxable transactions in addition to

the excise tax due.

2. General Taxes for the year 2013. Tax Account No.: 203012-003-0 Amount Billed: $ 8,361.27 Amount Paid: $ 0.00 Amount Due: $ 8,361.27 Assessed Land Value: $ 99,900.00 Assessed Improvement Value: $ 377,200.00

(Affects portion of Parcel A)

3. General Taxes for the year 2013. Tax Account No.: 203012-004-0 Amount Billed: $ 59,457.50 Amount Paid: $ 0.00 Amount Due: $ 59,457.50 Assessed Land Value: $ 887,100.00 Assessed Improvement Value: $ 2,507,800.00

(Affects remainder of Parcel A)

4. City liens, if any, for the city of Tacoma. Note: An inquiry has NOT been made concerning the actual status of such liens.

5. Easement and the terms and conditions referenced therein, including, but not limited to, the following: Reserved by: Lumbermen's Improvement Company, a Washington corporation Purpose: Ingress and egress Area Affected: (Parcel A) as described therein Recorded: July 1, 1970 Recording Number: 2350887





6. Easement, including terms and provisions contained therein: Recording Information: July 2, 1970 under Recording No. 2350943 In Favor of: Herbert F. Syford and Joyce Herbert Syford, husband and wife

and James B. Love and Melba L. Love and A.E. Betz, Jr. For: Ingress and egress Affects: (Parcel A) as described therein.

7. The terms, provisions and easement(s) contained in the document entitled "Mutual Easements and Agreement" recorded July 2, 1970 as Recording No. 2350945 of Official Records.

Document(s) declaring modifications thereof recorded as Recording Nos. 2383877 and 8612150132 of Official Records.

(Affects Parcel A)

8. Easement and the terms and conditions referenced therein, including, but not limited to, the following: Reserved by: City of Tacoma Purpose: Poles and overhead conductors Area Affected: (Parcel A) as described therein Recorded: January 30, 1995 Recording Number: 9501300294

9. Lease made by David C. Shaw and Barbara Shaw, husband and wife, Darrell E. Wickham and Zona Wickham, lessor, to Hargreaves, Inc., a Washington corporation, as successor in interest to Danny G. Hargreaves and Marian L. Hargreaves, lessee, for a term of expires on December 31, 2002, and the covenants and conditions as therein contained, as disclosed by Memorandum of Amended Lease Agreement dated June 01, 1996, and recorded July 23, 1996 as document no. 9607230181.

Said lease, among other things provides for an option to renew for a period of 2 additional terms of 5 years each.

Affects a portion of said land.

Document(s) declaring modifications thereof recorded February 17, 1998 as Recording No. 9802170067 of Official Records.

10. Easement, including terms and provisions contained therein: Recording Information: January 2, 1997 under Recording Nos. 9701020042,

9701020043, 9701020044 and 9701020045 In Favor of: Washington Natural Gas Company, a Washington corporation,

its successor and assigns For: Gas pipeline or pipelines Affects: (Parcel A) as described therein.





11. A right of first refusal in favor of Michael L. Hargreaves and Richard K. Anderson, or assigns as contained in or disclosed by a document recorded October 27, 2006 as Recording No. 200610270068 of Official Records.

12. Conditions, notes, easements, provisions and/or encroachments contained and/or delineated on the face of the Survey, recorded November 20, 2006 under Recording No. 200611205003 of surveys, in Pierce County, Washington.

13. The terms and provisions contained in the document entitled "Street Occupancy Permit Groundwater Monitoring Well" recorded January 15, 2008 as Recording No. 200801150107 of Official Records.

Document(s) declaring modifications thereof recorded April 10, 2009 as Recording No. 200904100140 of Official Records.

(Affects Parcel A)

14. Federal Tax Lien: Taxpayer: Zona Wickham Tax ID No.: 646893910 Amount: $51,593.83 Recorded: April 28, 2010 Recording Information: 201004280088

15. Terms and conditions of the Darrell E. Wickham and Lois J. Wickham Revocable Trust dated July 22, 1998, under which title is vested.

A copy of the Trust Agreement and all amendments should be submitted prior to closing.

(Affects Parcel A)

16. Evidence of the authority of the individual(s) to execute the forthcoming document for Irwin Development Group LLC, a Washington limited liability company, copies of the current operating agreement should be submitted prior to closing.

17. Title is also to vest in persons shown as "and/or assigns" on the application for title insurance, whose identity has not been revealed and when so vested will then be subject to matters which may be disclosed by a search of the records against their names.

18. Matters of extended owner/purchaser coverage which are dependent upon an inspection and an ALTA survey of the property for determination of insurability.

Please submit a copy of the ALTA Survey at your earliest convenience for review. Our inspection will be held pending our review of the ALTA Survey and the result of said inspection will be furnished by supplemental report.

19. Unrecorded leaseholds, if any, rights of vendors and security agreement on personal property and rights of tenants, and secured parties to remove trade fixtures at the expiration of the term.






(Affects Parcel C)


(Affects Parcel D)


(Affects Parcel E)

23. Easement, including terms and provisions contained therein: Recording Information: October 14, 1941 under Recording No. 1288161 In Favor of: General Petroleum Corporation of California, a Delaware

corporation, its successors and assigns For: Ingress and egress Affects: (Parcel D) as described therein

24. The terms, provisions and easement(s) contained in the document entitled "Agreement and Easement" recorded March 5, 1942 as Recording No. 1295835 of Official Records.

(Affects Parcels C and E)





25. Easement, including terms and provisions contained therein: Recording Information: April 17, 1987 under Recording No. 8704170221 In Favor of: Washington Natural Gas Company, a Washington corporation For: Gas pipeline or pipelines Affects: (Parcel E) as described therein

26. Easement, including terms and provisions contained therein: Recording Information: June 21, 1988 under Recording No. 8806210226 In Favor of: City of Tacoma For: Existing overhead power lines, poles and other related

equipment Affects: (Parcel E) as described therein

27. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: David C. Shaw and Barbara Shaw, husband and wife and Darrell

E. Wickham and Zona Wickham, husband and wife Grantee/Beneficiary: Leslie R. Fite, a single man Trustee: Commonwealth Title Insurance Company Amount: $500,000.00 Recorded: June 26, 1981 Recording Information: 8106260310

(Affects Parcel C)





INFORMATIONAL NOTES

A. 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.

B. 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.

C. The description can be abbreviated as suggested below if necessary to meet standardization requirements. The full text of the description must appear in the document(s) to be insured.

Ptn Blk 3012, all of Blks 3013 and 3014, Lots 5-12, Blk 3113 & Lots 4-12, Blk 3114, Map of New Tacoma, Rec. February 3, 1875

APN: 203012-003-0 APN: 203012-004-0 APN: 203113-002-3 APN: 203113-002-2 APN: 203114-003-0

D. According to the application for title insurance, title is to vest in Irwin Development Group LLC, a Washington limited liability company and/or assigns.

Examination of the records discloses no matters pending against said party(ies).

E. A fee will be charged upon the cancellation of this Commitment pursuant to the Washington State Insurance Code and the filed Rate Schedule of the Company.

END OF SCHEDULE B






National Commercial Services

COMMITMENT Conditions and Stipulations

1. The term "mortgage" when used herein shall include deed of trust, trust deed, or other security instrument.

2. If the proposed Insured has or acquires actual knowledge of a defect, lien, encumbrance,

adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment, other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act or reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclosure such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option, may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.

3. Liability of the Company under this Commitment shall be only to the named proposed Insured

and such parties included under the definition of Insured in the form of Policy or Policies committed for, and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the Policy or Policies committed for and such liability is subject to the Insuring provisions, exclusion from coverage, and the Conditions and Stipulations of the form of Policy or Policies committed for in favor of the proposed Insured which are hereby incorporated by references, and are made a part of this Commitment except as expressly modified herein.

4. Any claim of loss or damage, whether or not based on negligence, and which arises out of the

status of the title to the estate or interest or the lien of the Insured mortgage covered hereby or any action asserting such claim, shall be restricted to the provisions and Conditions and Stipulations of this Commitment.





The First American Corporation

First American Title Insurance Company National Commercial Services

PRIVACY POLICY We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include:

• Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means;

• Information about your transactions with us, our affiliated companies, or others; and·

• Information we receive from a consumer reporting agency.

Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. c 2001 The First American Corporation - All Rights Reserved





2. SP-Vesting Deed 01_8106260307
































4. SP-Vesting Deed 03_200808210392





















































































































7. SP-Exceptions 05_2350887

















































































































































































10. SP-Exceptions 07a_2383877































































11. SP-Exceptions 07b_8612150132





























































































































































12. SP-Exceptions 08_9501300294











































































13. SP-Exceptions 09_9607230181


































































































































































































































































































































































































15. SP-Exceptions 10_9701020042


































































































































17. SP-Exceptions 10b_9701020044









































































































18. SP-Exceptions 10c_9701020045











































































19. SP-Exceptions 11_200610270068







































































































































































































































20. SP-Exceptions 12_200611205003



















































































21. SP-Exceptions 13_200801150107

























































































































































































































































































































































































































































































































































































































































22. SP-Exceptions 13a_200904100140























































































































































































































































































































23. SP-Exceptions 14_201004280088













































































































































































































































































































26. SP-Exceptions 25_8704170221























































27. SP-Exceptions 26_8806210226





































































































































































28. SP-Exceptions 27_8106260310



















































































































29. Color Map_1_Location Map

This map may or may not be a survey of the land depicted hereon.You should not rely upon it for any purpose other than orientationto the general location of the parcel or parcels depicted. FirstAmerican Title expressly disclaims any liability for alleged loss ordamage which may result from reliance upon this map.

Reference No.: 569837County: Pierce

Tax ID: 203012-003-0 & 203012-004-0Short Legal: A Portion of SE ¼ of Sec 32 T21N R03E

Map NotTo Scale

Location Map

LegendPARCEL APARCEL B





























































30. Color Map_1_Location Map_Amd 1

PARCEL E

PARCEL C

PARCEL A

PARCEL D



Tax ID: Refer Prelim for list of APN's Short Legal: A Portion of SE ¼ of Sec 32 T21N R03E

Map NotTo Scale

Location Map

LegendPARCEL APARCEL BPARCEL CPARCEL DPARCEL E































































31. Color Map_1_Plotted Easements



Tax ID: 203012-003-0 & 203012-004-0Short Legal: A Portion of SE ¼ of Sec 32 T21N R03E

Map NotTo Scale

Plotted Easements

LegendPARCEL A

07/01/1970 # 2350887(Ingress and egress)


07/02/1970 # 2350945(Mod # 2383877 & 8612150132)(Ingress and egress)

01/30/1995 # 9501300294(Poles and overhead conductors)

01/02/1997 # 9701020042(Gas pipeline or pipelines)




ROS Map # 200611205003(Ingress and egress)

































































32. Color Map_1_Plotted Easements_Amd 1

PARCEL E

PARCEL C

PARCEL A

PARCEL D



Tax ID: Refer Prelim for list of APN's Short Legal: A Portion of SE ¼ of Sec 32 T21N R03E

Map NotTo Scale

Plotted Easements

LegendPARCEL APARCEL CPARCEL DPARCEL E



07/02/1970 # 2350945(Mod # 2383877 & 8612150132)(Ingress and egress)

01/30/1995 # 9501300294(Poles and overhead conductors)





ROS Map # 200611205003(Ingress and egress)

10/14/1941 #1288161(Ingress and egress)

03/05/1942 #1295835(Undisclosed Purpose-Not Plottable)

04/17/1987 #8704170221(Gas pipeline or pipelines)

06/21/1988 #8806210226(Existing overhead power lines)

































































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