executive/council approval f i1

LOG NUMBERS

BGT. 7 3 112 CJOç' 1912L) f,

EXECUTIVE/COUNCIL APPROVAL F i1

MANAGEMENT ROUTING: TO: COUNCIL CHAIRPERSON EXECUTIVE DEPUTY EXECUTIVE EXEC. DIRECTOR Peter Camp EXECUTIVE RECOMMENDATION: DEPT. DIRECTOR Steve Thomsen Approve No Recommendation DEPARTMENT Public Works DIV. MGR. Debbie Terwilleger Further Processing DIVISION Surface Water Mgn]t Requested By ORIGINATOR Dave Lucas .2L. DATE 7/3/12 EXT. 4648 PETER B CAMP /

D'ctor Exeitive Office Signature CEO Staff Review Received Council Office

DOCUMENT TYPE: BUDGET ACTION: GRANT APPLICATION

Emergency Appropriation ORDINANCE Supplemental Appropriation Amendment to Ord. 4 Budget Transfer PLAN

CONTRACT: X OTHER New Amendment

UIIIU3!iWft7UIE Motion authorizing County Executive and Prosecutting Attorney to execute documents in connection with Startup Levee 2012 Repairs by the U.S. Army Corps of Engineers.

HANDLING: NORMAL

EXECUTIVE COUNCIL X CITE BASIS SCC 3.04.210, 3.04.140 (1)

EXPEDITE X URGENT DEADLINE DATE 7/18/12

PURPOSE: To authorize the legal documents that will recertify the legal relationship between the U.S. Army Corps of Engineers and the County that will allow the U.S. Army Corps of Engineers to repair the Startup Training Levee, a Federally Authorized Flood Control Structure..

BACKGROUND: 1. The U.S. Army Corps of Engineers built levees on the Skykomish River in Snohomish County near the

Town of Startup in 1969. 2. The County adopted a Resolution in 1969 regarding its legal relationship with the Corps for purposes of

accepting the Corps' assistance and funding for the Startup Training Levee project. 3. October 14, 1996 the Snohomish County Council passed Motion No. 96-358 amending the terms of the

Resolution adopted on March 10, 1969 reaffirming and modifying the Resolution. 4. The Startup Training Levee sustained damage during the winter of 2008 and 2009 from flooding rivers,

which the U.S. Army Corps of Engineers intends to repair and reconstruct. 5. The U.S. Army Corps of Engineers has agreed to fund and construct Project No. SNO-1-09 to make such

repairs at an estimated cost of $148,000.

6. The U.S. Army Corps of Engineers requires the local sponsor to the legal relationship and land rights before the repair may proceed. The attached motion authorizes the County Executive and Prosecuting Attorney to sign the recertifications

Is RIVER biIJi us- l [SX'13

EXPEND: FUND, AGY, ORG, ACTY, OBJ, AU CURRENT YR 2ND YR 1ST 6 YRS

0 0

TOTAL

REVENUE: FUND, AGY, ORG, REV, SOURCE CURRENT YR 2ND YR 1ST 6 YRS

0 0

TOTAL 0 0

DEPARTMENT FISCAL IMPACT NOTES:

HA - BUDGET REVIEW: Analyst Administrator Recommend Approval Lm

CONTRACT INFORMATION: ORIGINAL CONTRACT # AMOUNT $ AMENDMENT CONTRACT # AMOUNT $

CONTRACT PERIOD: ORIGINAL Start End AMENDMENT Start End

CONTRACT / PROJECT TITLE:

CONTRACTOR NAME & ADDRESS (City/State only):

APPROVED:

RISK MANAGEMENT

Yes No

COMMENTS

PROSECUTING ATTY - AS TO FORM: Yes X No

[SIN I WI I] M l I DhI WI 1 &'l I3WMISA' I I k1

ELECTRONIC ATTACHMENTS : List & include path & filename for each. e.g. G:\ECAF\Dept\06_pw\swm\docnamedoctype ) G:\ECAF\DewswmStupTxaiuIngLevce20 U.CORPS ..ECA1

NON-ELECTRONIC ATTACHMENTS: StartupTrainingLevee20 1 2CORPSECAF StartupTrainingLevee2012 CORPS Motion StartupTrainingLevee20 1 2 CORPS ExhibitB Attachment

3

SNOHOMISH COUNTY COUNCIL Snohomish County, Washington

MOTION NO. 12-249

MOTION AUTHORIZING COUNTY EXECUTIVE AND PROSECUTING ATTORNEY TO

EXECUTE DOCUMENTS IN CONNECTION WITH STARTUP LEVEE 2012 REPAIRS BY THE U.S. ARMY CORPS OF ENGINEERS

WHEREAS, the U.S. Army Corps of Engineers built a levee (the “Startup Levee”) on the Skykomish River in Snohomish County near the Town of Startup in 1969; and WHEREAS, under the terms of the agreement with the U.S. Army Corps of Engineers, the County adopted a Resolution in 1969 regarding its legal relationship with the U.S. Army Corps of Engineers for purposes of accepting the Corps’ assistance and funding for the Startup Levee; and WHEREAS, on October 14, 1996, the County Council passed Motion No. 96-358 reaffirming the County’s commitment to the terms of the 1969 agreement; and WHEREAS, the Startup Levee sustained damage during the winter of 2008 and 2009 from flooding rivers, which the U.S. Army Corps of Engineers intends to repair and reconstruct; and WHEREAS, the U.S. Army Corps of Engineers has agreed to fund and construct Project No. SNO-1-09 to perform emergency repairs to the Startup Levee; and NOW, THEREFORE, ON MOTION,

Section 1. The County Council authorizes the U.S. Army Corps of Engineers to perform the repair and reconstruction activities contemplated by Project No. SNO-1-09, together with any related maintenance deemed reasonably necessary or prudent. The county council grants to the United States of America certain property rights and interests respecting the Startup Levee sufficient to enable the U.S. Army Corps of Engineers to perform said work.

Section 2. The County Council approves the “Certificate of Lands” attached hereto as

Appendix A, and authorizes the County Executive, or his designee, to execute same. Section 3. The County Council approves the “Attorney’s Certificate” attached hereto as

Appendix B, and authorizes the Prosecuting Attorney, or his designee, to execute same.

PASSED this _____ day of ___________________, 2012. SNOHOMISH COUNTY COUNCIL Snohomish County, Washington ________________________________ ATTEST: Chairperson __________________________ Asst. Clerk of the Council

"CERTIFICATE OF LANDS"

Department of the Army Seattle District, Corps of Engineers ATTN: Real Estate Division Post Office Box 3755 Seattle, Washington 98124-3755

RE: Certification of Lands and Authorization for Entry for the PL84-99 Emergency Levee Rehabilitation Effort of the Startup Training Levee located on the right bank of the Skykomish River near river mile 38 in Snohomish County, Washington, Job No. SNO-1-09.

Dear Ladies and Gentlemen:

The County of Snohomish, Washington (hereinafter referred to as the "Sponsor") has assumed full responsibility to fulfill the requirements of non-federal cooperation specified in a Resolution to Assume Obligations of Local Cooperation dated 1 0th March 1969, with the United States of America along the right bank of the Skykomish River near river mile 38 in the County of Snohomish, Washington.

The Resolution to Assume Obligations of Local Cooperation requires the Sponsor to provide all lands required for operation and maintenance of the Federally Authorized Levee Project, including those property interests that are required for the Startup Levee.

This is to certify that the Sponsor has sufficient title and interest in the lands hereinafter shown on Exhibit A, attached, in order to enable the Sponsor to comply with the aforesaid requirements of non-federal cooperation.

Said lands and/or interests therein are owned or have been acquired by the Sponsor, and are to be used for the construction, operation and maintenance of the above referenced project and include but are not limited to the following specifically enumerated rights and uses, except as hereinafter noted:

Perpetual Flood Protection Levee Easement -- A perpetual and assignable right and easement in the land delineated on the attached location map, Exhibit A, by this reference made a part hereof, to construct, maintain, repair, operate, patrol and replace a flood protection levee, including all appurtenances thereto; reserving, however, to the owners, their heirs and assigns, all such rights and privileges in the land as may be used without interfering with or abridging the rights and easement hereby acquired.

MOTION NO. 12- AUTHORIZING COUNTY EXECUTIVE AND PROSECUTING ATTORNEY TO EXECUTE DOCUMENTS IN CONNECTION WITH STARTUP LEVEE 2012 REPAIRS BY THE U.S. ARMY CORPS OF ENGINEERS - 3

2. Temporary Work Area Easement -- A temporary easement and right-of-way in, on, over, and across the land delineated on the attached location map, Exhibit A, for a period not to exceed six (6) months, beginning with date possession of the land is granted to the Grantee for use by the United States, its representatives, agents, and contractors as a work area, including the right to deposit fill, and waste material thereon, move, store, and remove equipment and supplies, and erect and remove temporary structures on the land and to perform any other work necessary and incident to the construction of the Startup Levee Repair Project, Job No SNO-1-09, together with the right to trim, cut, fell, and remove therefrom all trees, underbrush, obstructions, and any other vegetation, structures, or obstacles within the limits of the right-of-way; reserving, however, to the landowners, their heirs and assigns, all such rights and privileges as may be used without interfering with or abridging the rights and easement hereby acquired; subject however, to existing easements for public roads

3. Temporary Road Easement -- A temporary easement and right-of-way in, on, over and across the land delineated on the attached location map, Exhibit A, for a period not to exceed six (6) months, beginning with date possession of the land is granted to the Grantee for use by the United States, its representatives, agents, and contractors for the location, construction, operation, maintenance, alteration and replacement of a road and appurtenances thereto; together with the right to trim, cut, fell and remove therefrom all trees, underbrush, obstructions and other vegetation, structures, or obstacles within the limits of the right-of-way; reserving, however, to the grantors, their heirs and assigns, the right to cross over or under the right-of-way as access to their adjoining land; subject however, to existing easements for public roads, highways, public utilities, and railroads.

The Sponsor does hereby grant to the United States of America, its representatives, agents and contractors, an irrevocable right, privilege and permission to enter upon the lands herein before mentioned for the purpose of prosecuting the project.

The Sponsor certifies to the United States of America that any lands acquired subsequent to the execution of the Cooperation Agreement that are necessary for this project have been accomplished in compliance with the provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (Public Law 91-646) as amended by Title IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (Public Law 100-17), and the Uniform Regulations contained in 49 CFR, Part 24.

SNOHOMISH COUNTY, WASHINGTON

By: _ Name: Title:

Date:

MOTION NO. 12- AUTHORIZING COUNTY EXECUTIVE AND PROSECUTING ATTORNEY TO EXECUTE DOCUMENTS IN CONNECTION WITH STARTUP LEVEE 2012 REPAIRS BY THE U.S. ARMY CORPS OF ENGINEERS -4

Exhibit A to

CERTIFICATE OF LANDS MAP SHOWING STARTUP LEVEE

[See attached.]

MOTION NO. 12- AUTHORIZING COUNTY EXECUTIVE AND PROSECUTING ATTORNEY TO EXECUTE DOCUMENTS IN CONNECTION WITH STARTUP LEVEE 2012 REPAIRS BY THE U.S. ARMY CORPS OF ENGINEERS - 5

"ATTORNEY'S CERTIFICATE"

RE: Certification of Lands and Authorization for Entry for the PL84-99 Emergency Levee Rehabilitation Effort of the Startup Training Levee located on the right bank of the Skykomish River near river mile 38 in Snohomish County, Washington, Job No. SNO-1-09.

I, Bree Urban, a Deputy Prosecuting Attorney for Snohomish County, hereby state that have reviewed the attached Certificate of Lands that Snohomish County is providing to the United States of America, and I have further reviewed the underlying records and deeds relating to the above-named project.

Based upon this review, it appears that Snohomish County has sufficient property interest in and to the lands described in the Certificate of Lands such that Snohomish County may grant to the United States of America the rights and privileges set forth therein; PROVIDED, however, that with regard to portions of the Startup Levee located over, across or upon Snohomish County Assessor's Property Tax Parcel Nos, 27080200200900, 27080200201000 and 27080200200600, Snohomish County's interest in and to those portions of the Startup Levee may be subject to any rights and interests of the heirs and devisees of Donnie C. Estes, as disclosed by that certain title report from Chicago Title Company, dated March 30, 2012, Order No. 5753913, a copy of which is attached to this Attorney's Certificate.

I certify that Snohomish County is a legally constituted public body with full authority and legal capability to perform the terms of the Agreement between the United States of America and Snohomish County in connection with the Project, and to pay damages, if necessary, in the event of failure to perform, in accordance with Section 221 of Public Law 91-611, and the person(s) who have executed this Agreement on behalf of the Snohomish County have acted within their statutory authority.

DATED AND SIGNED at , this day of 2012.

MARK K. ROE PROSECUTING ATTORNEY

Bree Urban, WSBA# 33194 Deputy Prosecuting Attorney

MOTION NO. 12- AUTHORIZING COUNTY EXECUTIVE AND PROSECUTING ATTORNEY TO EXECUTE DOCUMENTS IN CONNECTION WITH STARTUP LEVEE 2012 REPAIRS BY THE U.S. ARMY CORPS OF ENGINEERS -6

Chicago Tide Insurance Com IRii1

Chicago Title Insurance Company

Chicago Title Insurance Company, a Missouri corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Pro-posed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Require-ments; all subject to the provisions of Schedule A and B and to the Conditions of this Commitment.

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 by the Company.

All liability and obligation under this Commitment shall cease and terminate 6 months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company.

The Company will provide a sample of the policy form upon request.

IN WITNESS WHEREOF, Chicago Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A.

FORM 72-83-06 (3/07) ALTA Commitment - 2006

chi ► l'f $ ► _

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 acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowled ge to the Company in writing, the Company shall be relieved from liability ..g pa^.y ̂̂g, p y u as Dail aiaviaity

for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions.

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

4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment.

5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amounts of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at <http://www.alta.org/>.

FORM 72-83-06 (8/06) ALTACommitment - 2006

CHICAGO TITLE COMPANY 3002 COLBY AVENUE, EVERETT, WA 98201

1. Policy or Policies to be issued: PREMIUM APPLICABLE THROUGH $50,000.00

ALTA Owner's Policy Amount: $50, 000.0 0 STANDARD POLICY (6/17/2006) Premium: $ 400.00 GENERAL SCHEDULE RATE Tax: $ 36.80

Proposed Insured: SNOHOMISH COUNTY A POLITICAL SUBDIVISION OF THE STATE OF WASHINGTON

Policy or Policies to be issued: ALTA Loan Policy Amount: 50. 0 0

Premium: Tax:

Proposed Insured:

Policy or Policies to be issued: ALTA Loan Policy Amount: so. o 0

Premium:

Proposed Insured: Tax:

2 . The estate or interest in the land which is covered by this Commitment is: FEE SIMPLE

3 . Title to the estate or interest in the land is at the effective date hereof vested in: SEE ATTACHED VESTING EXHIBIT

4. The land referred to in this Commitment is described as follows: SEE ATTACHED LEGAL DESCRIPTION EXHIBIT

COMMAK5/da.0/111.05

CHICAGO TITLE. INSURANCE COMPANY

A.L.TA. COMMITMENT

HEIRS AND DEVISEES OF DONNIE C. ESTES, DECEASED AS TO THAT PORTION OF PARCEL 1 AND 2 LYING WITHIN THE PROPERTY AS CONVEYED BY DEED RECORDED UNDER AUDITOR'S FILE NUMBER 1995947; AND

RICHARD C. ESTES AND EVELYN L. ESTES, HUSBAND AND WIFE AS TO THE REMAINDER

CHICAGO TITLE INSURANCE COMPANY WLTACMAS/11-15-90/EK

CHICAGO TITLE COMPANY A.L.TA. COMMITMENT

SCHEDULE A (Continued)

OrderNo.: 5753913

LEGAL DESCRIPTION EXHIBIT (Paragraph 4 of Schedule A continuation)

PARCEL A:

PARCEL 1 OF BOUNDARY LINE ADJUSTMENT NO. 06-133378, RECORDED UNDER AUDITOR'S FILE NUMBER 200611280771 MORE PARTICULARLY DESCRIBED AS FOLLOWS:

THAT PORTION OF GOVERNMENT LOT 3, SECTION 2, TOWNSHIP 27 NORTH, RANGE 8 EAST W M AND OF GOVERNMENT LOT 5, SECTION 35, TOWNSHIP 28 NORTH, RANGE 8 EAST DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 2;

THENCE NORTH 88°50'16" EAST ALONG THE NORTH LINE OF SAID SECTION 2 A DISTANCE OF 656.86 FEET TO THE WEST LINE OF THE EAST HALF OF SAID GOVERNMENT LOT 3; THENCE SOUTH 00°18'59" EAST ALONG SAID WEST LINE 523.52 FEET TO THE SOUTH LINE OF THE NORTH 523.47 FEET OF SAID EAST HALF, THE TRUE POINT OF BEGINNING; THENCE AT RIGHT ANGLES NORTH 89°4101" EAST 425.85 FEET ALONG SAID SOUTH LINE TO A POINT ON THE EAST LINE OF THE WEST 425.85 FEET OF SAID EAST HALF; THENCE AT RIGHT ANGLES SOUTH 00°18'59" EAST PARALLEL WITH SAID WEST LINE 838.18 FEET TO THE SOUTH LINE OF SAID EAST HALF; THENCE SOUTH 89°51'24" WEST ALONG SAID SOUTH LINE 425.85 FEET TO THE SOUTHWEST CORNER OF SAID EAST HALF; THENCE NORTH 00°18'59" WEST ALONG SAID WEST LINE 836.90 FEET TO THE POINT OF BEGINNING

EXCEPT ANY PORTION THEREOF LYING WITHIN THE SKYKOMISH RIVER TOGETHER WITH AN EXCLUSIVE EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER,

UNDER AND ACROSS THE WEST 20 FEET OF THE EAST HALF OF SAID GOVERNMENT LOT 3

LYING NORTH OF THE SOUTH LINE OF THE NORTH 523.52 FEET OF SAID GOVERNMENT LOT 3 AND THE WEST 20 FEET OF THE EAST HALF OF SAID GOVERNMENT LOT 5 LYING SOUTH OF REESE ROAD

PARCEL B:


THAT PORTION OF GOVERNMENT LOT 3, SECTION 2, TOWNSHIP 27 NORTH, RANGE 8 EAST W.M AND OF GOVERNMENT LOT 5, SECTION 35, TOWNSHIP 28 NORTH, RANGE 8 EAST DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 2;

CLTACMA6/RDA/0999


SCHEDULE A (Continued)

OrderNo.: 5753913


THENCE NORTH 88°5016" EAST ALONG THE NORTH LINE OF SAID SECTION 2 A DISTANCE OF 656.86 FEET TO THE WEST LINE OF THE EAST HALF OF SAID GOVERNMENT LOT 3, THE TRUE POINT OF BEGINNING; THENCE SOUTH 00 0 1859" EAST ALONG SAID WEST LINE 523.52 FEET TO THE SOUTH LINE OF THE NORTH 523.47 FEET OF SAID EAST HALF; THENCE AT RIGHT ANGLES NORTH 89°41'01" EAST 425.85 FEET TO A POINT ON THE EAST LINE OF THE WEST 425.85 FEET OF SAID EAST HALF; THENCE AT RIGHT ANGLES SOUTH 00°18'59EAST PARALLEL WITH SAID WEST LINE 838.18 FEET TO THE SOUTH LINE OF SAID EAST HALF; THENCE NORTH 89 0 5124" EAST ALONG SAID SOUTH LINE 232.21 FEET TO THE SOUTHEAST CORNER OF SAID EAST HALF; THENCE NORTH 00 0 2210" WEST 1,372.11 FEET ALONG THE EAST LINE OF SAID EAST HALF TO THE NORTHEAST CORNER OF SAID EAST HALF; THENCE NORTH 00°0602" WEST ALONG THE EAST LINE OF THE EAST HALF OF SAID GOVERNMENT LOT 5 A DISTANCE OF 153.38 FEET TO THE SOUTH MARGIN OF REESE ROAD; THENCE SOUTH 79 0 2314" WEST ALONG SAID SOUTH MARGIN 226.97 FEET TO THE NORTHERLY EXTENSION OF THE EAST LINE OF THE WEST 434.05 FEET OF THE EAST HALF OF SAID GOVERNMENT LOT 2; THENCE SOUTH 00°18'59" EAST ALONG SAID NORTHERLY EXTENSION AND SAID EAST LINE 363.24 FEET; THENCE SOUTH 88°08'43" WEST 253.65 FEET TO THE EAST LINE OF THE WEST 180.50 FEET OF SAID EAST HALF OF GOVERNMENT LOT 2; THENCE NORTH 00°18'59" WEST ALONG SAID EAST LINE AND ITS NORTHERLY EXTENSION 323.98 FEET TO THE SOUTH MARGIN OF REESE ROAD; THENCE SOUTH 79 0 2314"" WEST 183.46 FEET TO THE WEST LINE OF THE EAST HALF OF SAID GOVERNMENT LOT 5; THENCE SOUTH 00 0 19 1 25" WEST ALONG SAID WEST LINE 43.65 FEET TO THE POINT OF BEGINNING.

EXCEPT ANY PORTION THEREOF LYING WITHIN THE SKYKOMISH RIVER

PARCEL C:


THAT PORTION OF GOVERNMENT LOT 3, SECTION 2, TOWNSHIP 27 NORTH, RANGE 8 EAST W M. AND OF GOVERNMENT LOT 5, SECTION 35, TOWNSHIP 28 NORTH, RANGE 8 EAST DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 2; THENCE NORTH 88°50'16" EAST ALONG THE NORTH LINE OF SAID SECTION 2 A DISTANCE OF 656.86 FEET TO THE WEST LINE OF THE EAST HALF OF SAID GOVERNMENT LOT 3;

CLTACMA6/RDA/0999


SCHEDULE

Order No.: 5753913


THENCE CONTINUING NORTH 88 0 5016'" EAST ALONG SAID NORTH LINE 180.52 FEET TO THE EAST LINE OF THE WEST 180.51 FEET OF SAID GOVERNMENT LOT 3, THE TRUE POINT OF BEGINNING; THENCE SOUTH 00°1859" EAST PARALLEL WITH SAID WEST LINE 250.20 FEET; THENCE NORTH 88 0 08'43"E 253.65 FEET; THENCE NORTH 00°18'59"WEST PARALLEL WITH SAID WEST LINE 363.24 FEET TO THE SOUTHERLY MARGIN OF REESE ROAD; THENCE SOUTH 79 0 2314" WEST ALONG SAID SOUTHERLY MARGIN 257.71 FEET TO THE EAST LINE OF THE NORTHERLY EXTENSION OF THE WEST 180.50 FEET OF SAID GOVERNMENT LOT 3; THENCE SOUTH 00°18'59" EAST 73.78 FEET TO THE POINT OF BEGINNING

SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON.

CLTACMA6/RDA/0999

CHICAGO TITLE COMPANY

A.L.TA. COMMITMENT SCHEDULE B Ordcr iiNu.. 5753913

Your No.:

Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company.

GENERAL EXCEPTIONS

A. Rights or claims of parties in possession, or claiming possession, not shown by the Public Records.

B. 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.

C. Easements, prescriptive rights, rights-of-way, liens or encumbrances, or claims thereof, not shown 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 lien for service, installation, connection, maintenance, tap, capacity, or construction or similar charges for sewer, water, electricity, natural gas or other utilities, or for garbage collection and disposal not shown by the Public Records.

G. Unpatented mining claims, and all rights relating thereto; reservations and exceptions in United States Patents or in Acts authorizing the issuance thereof; Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes.

H. Water rights, claims or title to water.

I. 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.

SPECIAL EXCEPTIONS FOLLOW

WLTACCMB bk 05/17/07


SCHEDULE B (C_ ...1

our No.:

SPECIAL EXCEPTIONS

A 1. COMMON BOUNDRY LINE AGREEMENT AND THE TERMS, CONDITIONS AND PROVISIONS CONTAINED THEREIN:

RECORDED: SEPTEMBER 19, 2006 RECORDING NUMBER: 200609190455

B 2. COVENANTS, CONDITIONS, RESTRICTIONS, DEDICATIONS, AGREEMENTS, EASEMENTS, MAINTENANCE PROVISIONS AND NOTES, AS CONTAINED IN BOUNDARY LINE ADJUSTMENT NUMBER 06-133378, RECORDED UNDER RECORDING NUMBER 200611280771.

C SAID BOUNDARY LINE ADJUSTMENT WAS FILED AS A SURVEY UNDER AUDITOR'S FILE NO. 200611285143

D 3. MATTERS DISCLOSED BY SURVEY RECORDED UNDER RECORDING NUMBER 200611285143, AS FOLLOWS:

A) LOCATION OF 9 FOOT WIDE GRAVEL DRIVEWAY WHICH APPEARS TO BE APPURTENANT TO PARCEL 1, OVER PARCEL 2 AND 3

B) 20 FOOT WIDE ACCESS EASEMENT APPURTENANT TO PARCEL 1 OVER PARCEL 2

E 4. TEMPORARY CONSTRUCTION PERMIT, EASEMENT AND THE TERMS, CONDITIONS AND PROVISIONS CONTAINED THEREIN:

RECORDED: MARCH 15, 2012 RECORDING NUMBER: 201203150600

SAID PERMIT AND ALL RIGHTS GRANTED HEREUNDER, SHALL TERMINATE AUTOMATICALLY AND WITHOUT NOTICE UPON COMPLETION OF SAID PROJECT OR SIX MONTHS AFTER DATE OF SIGNATURE (MARCH 7, 2012), WHICHEVER COMES FIRST.

F 5. ANY QUESTION THAT MAY ARISE DUE TO SHIFTING OR CHANGE IN THE COURSE OF SKYKOMISH RIVER OR DUE TO SKYKOMISH RIVER HAVING SHIFTED OR CHANGED ITS COURSE, AND RIGHTS OF THE STATE OF WASHINGTON IN AND TO THAT PORTION OF SAID PREMISES, IF ANY, LYING IN THE BED OR FORMER BED OF SKYKOMISH RIVER.

CLTACMBI/RDA/0999


SCHEDULE B

Order No.: 5753913 Your No.:

SPECIAL EXCEPTIONS

G 6. ANY PROHIBITION OR LIMITATION OF USE, OCCUPANCY OR IMPROVEMENT OF THE LAND RESULTING FROM THE RIGHTS OF THE PUBLIC OR RIPARIAN OWNERS TO USE ANY PORTION WHICH IS NOW OR HAS BEEN FORMERLY COVERED BY WATER.

H 7. PARAMOUNT RIGHTS AND EASEMENTS IN FAVOR OF THE UNITED STATES FOR COMMERCE, NAVIGATION, FISHERIES AND THE PRODUCTION OF POWER.

1 8. PAYMENT OF THE REAL ESTATE EXCISE TAX, IF REQUIRED.

THE PROPERTY DESCRIBED HEREIN IS SITUATED WITHIN THE BOUNDARIES OF LOCAL TAXING AUTHORITY OF UNINCORPORATED SNOHOMISH COUNTY. PRESENT RATE OF REAL ESTATE EXCISE TAX AS OF THE DATE HEREIN IS 1.78 PERCENT, PLUS A $5.00 STATE TECHNOLOGY FEE.

(NOTE: A DEED EXEMPT FROM EXCISE TAX IS STILL SUBJECT TO THE $5.00 TECHNOLOGY FEE AND AN ADDITIONAL $5.00 AFFIDAVIT PROCESSING FEE).

J 9. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES):

YEAR: TAX ACCOUNT NUMBER: LEVY CODE: ASSESSED VALUE-LAND: ASSESSED VALUE-IMPROVEMENTS

GENERAL & SPECIAL TAXES:

AFFECTS: PARCEL 1 OF BLA

2012 270802-002-009-00 03370 $ 102,300.00 $ 99,200.00

BILLED: $ 2,559.67 PAID: $ 0 UNPAID: $ 2,559.67

K 10. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES):

2012

CLTACMB2/RDA/0999


SCHEDULE B (Conthiued)

5753913 our

SPECIAL EXCEPTIONS

TAX ACCOUNT NUMBER: 270802-002-010-00 LEVY CODE: 03370 ASSESSED VALUE-LAND: $ 115,200.00 ASSESSED VALUE-IMPROVEMENTS: $ 0

GENERAL & SPECIAL TAXES: BILLED: $ 1,473.55 PAID: $ 0 UNPAID: $ 1,477.55


L 11. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES)

YEAR: 2012 TAX ACCOUNT NUMBER: 270802-002-006-00 LEVY CODE: 03370 ASSESSED VALUE-LAND: $ 77,800.00 ASSESSED VALUE-IMPROVEMENTS: $ 133,400. 00

GENERAL & SPECIAL TAXES: BILLED: $ 2,681.61 PAID: $ 0 UNPAID: $ 2,681.61


M 12. JUDGMENT:

AGAINST: RICHARD ESTES IN FAVOR OF: WOODLAND GREENS GJJ FOR: $ 1,246.40 ENTERED: OCTOBER 18, 2011 JUDGMENT NUMBER: 11-9-08315-6 SUPERIOR COURT CAUSE NUMBER: 11-2-09017-3 ATTORNEY FOR CREDITOR: ROB W. TRICKLER

END OF SCHEDULE B

CLTACMB2/RDA/0999


SCHEDULE .B (Continued)

OraerNvo.: 5 r5syl s Your No.:

SPECIAL EXCEPTIONS

0 NOTE A: PART OF THE RESPA RULE TO SIMPLIFY AND IMPROVE THE PROCESS OF OBTAINING MORTGAGES AND REDUCE CONSUMER SETTLEMENT COSTS REQUIRES THE SETTLEMENT AGENT TO DISCLOSE THE AGENT AND UNDERWRITER SPLIT OF TITLE PREMIUMS, INCLUDING ENDORSEMENTS AS FOLLOWS: LINE 1107 IS USED TO RECORD THE AMOUNT OF THE TOTAL TITLE INSURANCE PREMIUM, INCLUDING ENDORSEMENTS, THAT IS RETAINED BY THE TITLE AGENT. CHICAGO TITLE COMPANY RETAINS 88% OF THE TOTAL PREMIUM AND ENDORSEMENTS. LINE 1108 USED TO RECORD THE AMOUNT OF THE TOTAL TITLE INSURANCE PREMIUM, INCLUDING ENDORSEMENTS, THAT IS RETAINED BY THE TITLE UNDERWRITER. CHICAGO TITLE INSURANCE COMPANY RETAINS 12% OF THE TOTAL PREMIUM AND ENDORSEMENTS.

P NOTE B: THE FOLLOWING MAY BE USED AS AN ABBREVIATED LEGAL DESCRIPTION ON THE DOCUMENTS TO BE RECORDED TO COMPLY WITH THE REQUIREMENTS OF RCW 65.04. SAID ABBREVIATED LEGAL DESCRIPTION IS NOT A SUBSTITUTE FOR A COMPLETE LEGAL DESCRIPTION WHICH MUST ALSO APPEAR IN THE BODY OF THE DOCUMENT:

PTN GL 3 IN 02-27-08; AND PTN GL 5 IN 35-28-08

Q BS

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SCHEDULE B kt-outinued'

OrderNo.: 5753913 Your No.:

SPECIAL EXCEPTIONS

R THE FOLLOWING PARTIES HAVE BEEN SENT A COPY OF THIS COMMITMENT:

SNOHOMISH COUNTY PUBLIC WORKS SHERYL SWEENY (425)388-7768

CLTACMB2/RDA/0999

Effective Date: 5/1/2008 Fidelity National Financial, Inc.

Privacy Statement

Fidelity National Financial, Inc. and its subsidiaries ("FNF') respect the privacy and security of your non-public personal information ("Personal Information") and protecting your Personal Information is one of our top priorities. This Privacy Statement explains FNF's privacy practices, including how we use the Personal Information we receive from you and from other specified sources, and to whom it may be disclosed. FNF follows the privacy practices described in this Privacy Statement and, depending on the business performed, FNF companies may share information as described herein.

Personal Information Collected We may collect Personal Information about you from the following sources: • Information we receive from you on applications or other forms, such as your name, address, social security number, tax identification

number, asset information, and income information; • Information we receive from you through our Internet websites, such as your name, address, email address, Internet Protocol address,

the website links you used to get to our websites, and your activity while using or reviewing our websites; • Information about your transactions with or services performed by us, our affiliates, or others, such as information concerning your

policy, premiums, payment history, information about your home or other real property, information from lenders and other third parties involved in such transaction, account balances, and credit card information; and

• Information we receive from consumer or other reporting agencies and publicly recorded documents.

Disclosure of Personal Information We may provide your Personal Information (excluding information we receive from consumer or other credit reporting agencies) to various individuals and companies, as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these disclosures. Disclosures may include, without limitation, the following: • To insurance agents, brokers, representatives, support organizations, or others to provide you with services you have requested, and

to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure in connection with an insurance transaction;

• To third-party contractors or service providers for the purpose of determining your eligibility for an insurance benefit or payment and/or providing you with services you have requested;

• To an insurance regulatory authority, or a law enforcement or other governmental authority, in a civil action, in connection with a subpoena or a governmental investigation;

• To companies that perform marketing services on our behalf or to other financial institutions with which we have joint marketing agreements and/or

• To lenders, lien holders, judgment creditors, or other parties claiming an encumbrance or an interest in title whose claim or interest must be determined, settled, paid or released prior to a title or escrow closing.

We may also disclose your Personal Information to others when we believe, in good faith, that such disclosure is reasonably necessary to comply with the law or to protect the safety of our customers, employees, or property and/or to comply with a judicial proceeding, court order or legal process.

Disclosure to Affiliated Companies - We are permitted by law to share your name, address and facts about your transaction with other FNF companies, such as insurance companies, agents, and other real estate service providers to provide you with services you have requested, for marketing or product development research, or to market products or services to you. We do not, however, disclose information we collect from consumer or credit reporting agencies with our affiliates or others without your consent, in conformity with applicable law, unless such disclosure is otherwise permitted by law.

Disclosure to Nonaffiliated Third Parties - We do not disclose Personal Information about our customers or former customers to nonaffiliated third parties, except as outlined herein or as otherwise permitted by law.

Confidentiality and Security of Personal Information We restrict access to Personal Information about you to those employees who need to know that information to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard Personal Information.

Access to Personal Information/ Requests for Correction, Amendment, or Deletion of Personal Information As required by applicable law, we will afford you the right to access your Personal Information, under certain circumstances to find out to whom your Personal Information has been disclosed, and request correction or deletion of your Personal Information. However, FNF's current policy is to maintain customers' Personal Information for no less than your state's required record retention requirements for the purpose of handling future coverage claims.

For your protection, all requests made under this section must be in writing and must include your notarized signature to establish your identity. Where permitted by law, we may charge a reasonable fee to cover the costs incurred in responding to such requests. Please send requests to:

Chief Privacy Officer Fidelity National Financial, Inc.

601 Riverside Avenue Jacksonville, FL 32204

Changes to this Privacy Statement This Privacy Statement maybe amended from time to time consistent with applicable privacy laws. When we amend this Privacy Statement, we will post a notice of such changes on our website. The effective date of this Privacy Statement, as stated above, indicates the last time this Privacy Statement was revised or materially changed.

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