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HomeMy WebLinkAbout04B- Title ReportForm No. 14 Certificate No.: 66370 Subdivision Certificate PO Box 5982424 South Park Avenue, Port Townsend, WA 98368 Phone: (360) 385-1322 Fax: (360) 385-1877 Subdivision Certificate Prepared For: Order No.: 66370 Merle W. Barclay II Charge: $ 500.000 880 Schwartz Rd Tax: $ 45.50 Nordland, WA 98358 Total: $545.50 In the matter of the Subdivision to be submitted for approval, this Company has examined the records of Jefferson County. This certificate is made for the purpose herein specified, and is not to be used as a basis for closing any transaction. Liability is limited to the charge made for this certificate. From such examination, the Company hereby certifies the title to the following described land, in said Jefferson County, to wit: Parcel A: The North 200 feet of Government Lot 1 in Section 28, Township 30 North, Range 1 East, W.M., Jefferson County, Washington; TOGETHER WITH tidelands of the second class, as conveyed by the State of Washington in front of, adjacent to and abutting thereon. Parcel B: The North ½ of Government Lot 1 in Section 28, Township 30 North, Range 1 East, W.M., Jefferson County, Washington, as measured along the West line of said Government Lot 1; TOGETHER WITH tidelands of the second class, as conveyed by the State of Washington situate in front of, adjacent to and abutting thereon; EXCEPT the North 200 feet of said Government Lot 1 and said tidelands adjacent to and abutting thereon; AND EXCEPT that portion lying within Schwartz Road (County Road No. 4). All situate in the County of Jefferson, State of Washington. Is Vested in: Marrowstone Properties, LLC, a Washington limited liability company Subdivision Certificate Guarantee No.: 66370 Page No.: 2 LPB Special Exceptions: 1. General Taxes. The first portion $ 1,814.28 becomes delinquent after April 30th. The second portion $ 1,814.23 becomes delinquent after October 31st Year: 2022 Amount Billed: $ 3,628.51 Amount Paid: $ 1,814.28 Amount Due: $ 1,814.23, plus interest and penalty, if delinquent Tax Account No.: 021 282 025 Parcel ID No.: 12497 Assessed value: $ 404,132 General Taxes. The first portion $ 7,840.82 becomes delinquent after April 30th. The second portion $ 7,840.27 becomes delinquent after October 31st Year: 2022 Amount Billed: $ 15,681 Amount Paid: $ 7,840.82 Amount Due: $ 7840.27, plus interest and penalty, if delinquent Tax Account No.: 021 282 002 Parcel ID No.: 12476 Assessed value: $ 1,773,818 2. Reservations contained in deed from the State of Washington recorded under Recording No. 33520, reserving all oil, gases, coal, ores, minerals, fossils, etc., and the right for opening, developing and working the same, together with any right to acquire easements or rights of way; Providing that all such rights shall not be exercised until provision has been made to compensate for damage sustained by reason of the exercise of such rights. This exception does not constitute a statement as to the ownership of this interest or right. There may be leases, grants, exceptions or reservations of such interests that are not listed. 3. Easement, including terms and provisions contained therein: Recorded: June 15,1979 Recording No.: 258548 In favor of: Puget Sound Power and Light Company, a Washington corporation For: Electric transmission and/or distribution system The legal description in said easement is not sufficient to determine its exact location within said premises. 4. Conditions, notes, easements, provisions contained and/or delineated on the face of the survey recorded under Jefferson County Recording No. 361533 5. Any question as to the true location of the lateral boundaries of the second class tidelands. 6. Rights of the general public to the unrestricted use of all the waters of a navigable body of water not only for the primary purpose of navigation, but also for corollary purposes; including (but not limited to) fishing, boating, bathing, swimming, water skiing and other related recreational purposes, as those waters may affect the tidelands, shorelands or adjoining uplands and whether the level of the water has been raised naturally or artificially to a maintained or fluctuating level, all as further defined by the decisional law of the state. (Affects all of the premises subject to such submergence) Commitment No. 66370 Page 3 of 5 3 7. Terms, provisions and reservations under the Submerged Land Act (43 U.S.C.A. Sections 1301 through 1311) and the rights of the United States of America to regulate commerce, navigation, flood control, fishing and production of power. 8. Any claim to (a) ownership of or rights to minerals and similar substances, including but not limited to ores, metals, coal, lignite, oil, gas uranium, clay, rock, sand, and gravel located in, on, or under the Land or produced from the Land, whether such ownership or rights arise by lease, grant, exception, conveyance, reservation, or otherwise; and (b) any rights, privileges, immunities, rights of way, and easements associated therewith or appurtenant thereto, whether or not the interests or rights excepted in (a) or (b) appear in the Public Records. 9. Deed of Trust and the terms and conditions thereof: Grantor: Merle W. Barclay, II and Katerina K. Barclay, husband and wife Trustee: Transnation Title Beneficiary: Mortgage Electronic Registration Systems, Inc., ("MERS"), solely as nominee for Lender and Lender's successors and assigns; Lender is KeyBank National Association Amount: $ 1,000,000.00 Dated: April 1, 2004 Recorded: April 6, 2004 Recording No.: 482975 Assignment of Beneficial Interest by Successive Assignments, the last of which was: Assignee: Key Bank National Association Recorded: August 1, 2014 Recording No.: 585364 A Corrective Assignment was recorded August 22, 2014 under Recording No. 585805, which corrected the mortgage recording date and also amended the Assignee to Mortgage Electronic Registration Systems, Inc. as Nominee for KeyBank National Association, its Successors and Assigns. By reason of substitution by the beneficiary, Quality Loan Service Corporation of Washington was appointed successor trustee in instrument recorded under Recording No. 649047 By Stipulated Judgement Reforming Deed of Trust filed in Jefferson County Superior Court Case No. 19-2- 00283-16, the above Deed of Trust was amended to include both Parcels A and B described herein. Commitment No. 66370 Page 4 of 5 4 10. Deed of Trust and the terms and conditions thereof: Grantor: Merle W. Barclay II and Katherine N. Barclay Trustee: Northwest Trustee Services Beneficiary: Dean E. Thayer, a single man, as to a 112,500/275,000 interest, Kenan C. Thayer, and Christina M. Grosslight and Kathleen L. Grosslight, Trustees of the Grosslight Family Trust, dated July 3, 1991, as to a 50/275,000 interest all as tenants in common Amount: $ 275,000.00 Dated: July 15, 2009 Recorded: July 20, 2009 Recording No.: 545071 Assignment of Beneficial Interest. Assignee: West Coast Servicing, Inc. Recorded: September 27, 2013 Recording No.: 579399, 579400 and 579401 By reason of substitution by the beneficiary, Northwest Trustee Services, Inc., a Washington corporation was appointed successor trustee in instrument recorded July 16, 2014, under Recording No. 584971 Said Deed of Trust was foreclosed and a Trustee’s Deed was issued to West Coast Servicing, Inc. and recorded under Auditor’s File No. 597055. West Coast Servicing, Inc. subsequently conveyed the property by Quit Claim Deed recorded under Auditor’s File No. 604108 for no consideration to Marrowstone Properties, LLC. Since one of the members of Marrowstone Properties, LLC is “M. Barclay” and the parties that were foreclosed on were “Merle W. Barclay, II and Katerina N. Barclay” a question arises as to the foreclose part obtaining an interest after the foreclosure and with no consideration. 11. Abstract of judgment of the Superior Court of Snohomish County In Favor of: RCM Family Limited Partnership Against: Merle W. Barclay II and Katherine K. Barclay, husband and wife Amount: $1,515,036.10, together with interest, costs and attorney fees, if any Filed: February 1, 2013 Judgment No.: 13-2-00024-4 Cause No.: 13-9-00049-5 Attorney for Judgment Creditor: Bruce C. Galloway Said judgment is also recorded under Recording No. 586377 Said Judgement was foreclosed out by the foreclosure of the Deed of Trust recorded under Auditor’s File No. 545071 and a Trustee’s Deed was issued to West Coast Servicing, Inc. and recorded under Auditor’s File No. 597055. West Coast Servicing, Inc. subsequently conveyed the property by Quit Claim Deed recorded under Auditor’s File No. 604108 for no consideration to Marrowstone Properties, LLC. Since one of the members of Marrowstone Properties, LLC is “M. Barclay” and the parties that were foreclosed on were “Merle W. Barclay, II and Katerina N. Barclay” a question arises as to the foreclosure party obtaining an interest after the foreclosure and with no consideration. Commitment No. 66370 Page 5 of 5 5 12. Judgment. In favor of: Ford Motor Credit d/b/a Land Rover Capital Group Against: Morning Tide LLC; Merle W. Barclay and Doe I, and their marital community composed thereof Amount: $ 11,901.50, together with interest, costs and attorneys fees, if any Cause No.: 14-2-05438-6 SEA (King County) Attorney: Krista L. White & Associates, P.S. Recording No.: 589647 13. Any claim to (a) ownership of or rights to minerals and similar substances, including but not limited to ores, metals, coal, lignite, oil, gas, uranium, clay, rock, sand, and gravel located in, on, or under the Land or produced from the Land, whether such ownership or rights arise by lease, grant, exception, conveyance, reservation, or otherwise; and (b) any rights, privileges, immunities, rights of way, and easements associated therewith or appurtenant thereto, whether or not the interests or rights excepted in (a) or (b) appear in the Public Records. Dated: June 16, 2020 at 8:00 a.m. Your title officer for this transaction is Rochelle Lewis. If you have any questions concerning this title commitment, please do not hesitate to call me at (360) 385-1322 or e-mail rlewis@fatcojc.com By: Rochelle Lewis, Title Officer = ' -'[' ! ; 2 3 4 5 6 7 8 9 10 11 12 l3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 HONORABLE KEITH HARPER r;rc .. !t·i ugJ ! I PY 1· ,. L ... LIJ~ .JVll i fl • t iN SLif'ER.lGH COUHT JEFFERSON COUNTY CLERK SUPERIOR COURT OF WASHINGTON FOR JEFFERSON COUNTY KEYBANK, N.A., Plaintiff, v. MERLE W. BARCLAY II and KA TERINA K. BARCLAY, husband and wife; MARROWSTONE PROPERTIES, LLC, a Washington limited liability company; UNKNOWN OCCUPANTS OF 880 SCHWARTZ ROAD, Defendants. NO. 19-2-00283-16 STIPULATED JUDGMENT REFORMING DEED OF TRUST ·28·&>·1£ NW@.,.® mDGMENT SUMMARY I. Abbrev. Legal Description: Portion of Government Lot 1, Section 28, Township 30 North, Range 1 East, W.M. Jefferson County, state of Washington 2. Judgment Creditor: 3. Judgment Debtors: KeyBank National Association Merle W. Barclay and Katerina Barclay, husband and wife 4. Attorneys' Fees and Costs: $45,000.00 5. Attorneys for Judgment Creditor: Thomas F. Peterson Socius Law Group, PLLC JUDGMENT REFORMING DEED OF TRUST 600 University Street, Suite 2510 Seattle, WA 98101 206-83 8-9100 -1-Socius Law Group, PLLC A T T 0 R N E Y S One Union Square• 600 University St., Suite 2510 Seattle, Washington 98101 Telephone 206.838.9100 Facsimile 206.838.9101 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 STIPULATION The parties stipulate to the entry of the following judgment. The parties further agree to waive their rights to appeal from this judgment. DATED this 1 Othday of_J_u_n_e ______ , 2021. SOCIUS LAW GROUP PLLC By:~~ Thomas F. Peterson, WSBA #16587 Attorneys for Plaintiff STERNBERG THOMSON OKRENT & SCHER, PLLC By: #~- Craig S. Sternberg, WSBA #521 Attorneys for Defendants JUDGMENT This matter came before the Court on Plaintiff KeyBank National Association ("KeyBank")'s Motion for Summary Judgment against Defendants Merle Barclay, Katerina Barclay, and Marrowstone Properties, LLC ("Defendants") on its claims for reformation of title, declaratory judgment, equitable subrogation, and unjust enrichment; the Court having entered an Order Granting Plaintiff's Motion for Summary Judgment and Denying Defendants' Motion for Summary Judgment on March 12, 2021, it is now therefore: ORDERED, ADJUDGED, AND DECREED that the Deed of Trust dated April 1, 2004 between Merle W. Barclay II and Katerina Barclay, husband and wife, as borrowers, and KeyBank National Association as lender, recorded on April 6, 2004 under Jefferson County Recording Number 482975, be and hereby is reformed such that the legal description contained in said Deed of Trust shall read as follows: Parcel A The North 200 Feet of Government Lot 1 in Section 28, Township 30 North, Range 1 East, W.M., Together with tidelands of the second class, as conveyed by the state of Washington in front of, adjacent to and abutting thereon; situate in Jefferson county, state of Washington. Parcel B The North Half of Government Lot 1 in Section 28, Township 30 North, Range 1 East, W.M., Jefferson County, Washington as measured along the west line of said Government Lot 1; Together with tidelands of the second class, as c~nveyed by the state of Washington situate in front of, adjacent to JUDGMENT REFORMING -2-Socius Law Group, PLLC DEED OF TRUST A T T 0 R N E y s One Union Square • 600 University St., Suite 2510 Seattle, Washington 98101 Telephone 206.838.9100 Facsimile 206.838.9101 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 I 25 I I I 26 I 27 ! l I I I I I and abutting thereon; Except the north 200 feet of said Government Lot l and said tidelands adjacent to and abutting thereon; and except that portion lying within Schwartz Road (Country Road No. 4). Situate in Jefferson County, state of Washington. Said Deed of Trust, as hereby reformed, is deemed to be a valid and subsisting instrument as of the date of its execution and may be enforced in accordance with its terms. It is further ORDERED, ADJUDGED AND DECREED that Plaintiff is awarded its attorneys' fees and costs incurred in this action on the amount of $45,000.00. And it is further ORDERED, that the remaining claims and defenses of the parties are dismissed without prejudice. DATED this ll day of__;:=+--"'O_::;.__-=--r--r-' 2021. Presented by: SOCIUS LAW GROUP, PLLC By:~~ Thomas F. Peterson, WSBA # 165 87 tpeterson@sociuslaw.com 206-838-9112 Kevin C. Eggers, WSBA #53127 keggers@sociuslaw.com 206-838-9126 Attorneys for Plaintiff Agreed as to form and content: STERNBERG THOMSON OKRENT & SCHER, PLLC By:#~ Craig S. Sternberg, WSBA #521 Attorneys for Defendants 2033 Sixth A venue, Suite 251 Seattle, WA 98121 (206) 386-5438 II FAX (206) 374-2868 craig@stoslaw.com JUDGMENT REFORMING DEED OF TRUST -3-Socius Law Group, PLLC A T T 0 R N E Y S One Union Square• 600 University St., Suite 2510 Seattle, Washington 98101 Telephone 206.838.9100 Facsimile 206.838.9101 This sketch is not based on a survey of the property. It is furnished without charge courtesy of First American Title Company solely for the purpose of assisting in locating the said premises. It does not purport to show all roads or easements. The company assumes no liability for any inaccuracies therein.