[WSBARP] WSBARP Digest, Vol 42, Issue 17
Lisa Chiang
feesimple7 at gmail.com
Tue Mar 20 14:20:47 PDT 2018
Thank you, Greg, I will keep your name in mind.
Best regards,
Lisa
On Tue, Mar 20, 2018 at 12:00 PM, <wsbarp-request at lists.wsbarppt.com> wrote:
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> Today's Topics:
>
> 1. Sound Transit & Easement (Lisa Chiang)
> 2. Re: Sound Transit & Easement (Gregory L. Ursich)
> 3. Referral for Kitsap Co. Restraining Order (Craig Blackmon)
> 4. 3 story house meets 2 story CCR restriction
> (marc holmeslawgroup.com)
> 5. Re: 3 story house meets 2 story CCR restriction (Marcus Fry)
> 6. Re: 3 story house meets 2 story CCR restriction
> (nestor at pplsweb.com)
> 7. Re: 3 story house meets 2 story CCR restriction (Kary Krismer)
> 8. Re: 3 story house meets 2 story CCR restriction (Kary Krismer)
>
>
> ----------------------------------------------------------------------
>
> Message: 1
> Date: Mon, 19 Mar 2018 13:13:03 -0700
> From: Lisa Chiang <feesimple7 at gmail.com>
> To: wsbarp at lists.wsbarppt.com
> Subject: [WSBARP] Sound Transit & Easement
> Message-ID:
> <CAP1iqxsMHwZyEtrZM7-gLNcn-Ut256FPiPmP+2GoFA-qZsCOAw@
> mail.gmail.com>
> Content-Type: text/plain; charset="utf-8"
>
> Dear all:
>
> Has anyone recently negotiated an easement with Sound Transit?
>
> Will anyone be attending the Sound Transit Board meeting downtown?
>
> TIA,
>
> Lisa
>
> --
>
> *International estate planning and settlement, trusts, real estate and
> nanny visas*
> 206.569.8838
>
>
> *?7010 35th Ave NESeattle, WA 98115?*
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> ------------------------------
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> Message: 2
> Date: Mon, 19 Mar 2018 13:38:28 -0700
> From: "Gregory L. Ursich" <gursich at insleebest.com>
> To: "'WSBA Real Property Listserv'" <wsbarp at lists.wsbarppt.com>
> Subject: Re: [WSBARP] Sound Transit & Easement
> Message-ID:
> <7F8A366B7F232F429D049910E0F8A7510262546A0DD3 at Exch1.insleebest.com
> >
> Content-Type: text/plain; charset="utf-8"
>
> Lisa: Our office has dealt with Sound Transit on many condemnation issues
> and can certainly negotiate an Easement with them. Myself and my partner
> Kinnon Williams are experienced in this area and can definitely help the
> PC. -Greg
>
> [cid:image001.jpg at 01D3BF87.8E45DDF0]
>
> Gregory L. Ursich | Shareholder
> Skyline Tower, Suite 1500 | 10900 NE 4th Street | Bellevue, WA 98004
> P: 425.450.4258 | F: 425.635.7720
> vCard<http://www.insleebest.com/uploads/vcards/gursich.vcf> | website<
> http://www.insleebest.com/> | gursich at insleebest.com<mailto:
> gursich at insleebest.com>
>
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> From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.
> wsbarppt.com] On Behalf Of Lisa Chiang
> Sent: Monday, March 19, 2018 1:13 PM
> To: wsbarp at lists.wsbarppt.com
> Subject: [WSBARP] Sound Transit & Easement
>
> Dear all:
> Has anyone recently negotiated an easement with Sound Transit?
>
> Will anyone be attending the Sound Transit Board meeting downtown?
> TIA,
> Lisa
>
> --
>
> International estate planning and settlement, trusts, real estate and
> nanny visas
> 206.569.8838
> ?7010 35th Ave NE
> Seattle, WA 98115?
>
>
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> ------------------------------
>
> Message: 3
> Date: Mon, 19 Mar 2018 14:31:26 -0700
> From: Craig Blackmon <craig at lawofficeofcraigblackmon.com>
> To: WSBA Real Property List Serve <wsbarp at lists.wsbarppt.com>
> Subject: [WSBARP] Referral for Kitsap Co. Restraining Order
> Message-ID:
> <CAG1D8ubSzJsyiXHmnjT_qKL12BmPn41XkZ4NHUiGR2_
> kEkOEMA at mail.gmail.com>
> Content-Type: text/plain; charset="utf-8"
>
> 'Mates, I have a family member with a professional practice in Bremerton
> who likely requires a restraining order against a disgruntled - and
> delusional - client. If anyone knows who might do such work over on that
> side of the Sound I would appreciate the referral. Thanks in advance.
>
> Craig
> Craig Blackmon, Attorney at Law
> Seattle Real Estate Lawyer <http://www.seattlepropertylawyer.com/>
> 92 Lenora St. (The Makers Space, a shared work environment)
> Seattle WA 98121
> Office/Cell: (206) 369-5949 Fax: (206) 770-7328
> @LawyerBroker <https://twitter.com/LawyerBroker>
> How to Buy Without an Agent
> <http://www.seattlepropertylawyer.com/blog?category=Buy+without+an+Agent>
> | How
> to Sell FSBO <http://www.seattlepropertylawyer.com/blog?category=Sell+FSBO
> >
> | RE Glossary
> <http://www.seattlepropertylawyer.com/blog?category=Real+Estate+Glossary>
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> ------------------------------
>
> Message: 4
> Date: Tue, 20 Mar 2018 18:26:41 +0000
> From: "marc holmeslawgroup.com" <marc at holmeslawgroup.com>
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> Cc: "kim holmeslawgroup.com" <kim at holmeslawgroup.com>
> Subject: [WSBARP] 3 story house meets 2 story CCR restriction
> Message-ID:
> <BN4PR15MB0532AEA13CDC7536FC6894F9BDAB0 at BN4PR15MB0532.
> namprd15.prod.outlook.com>
>
> Content-Type: text/plain; charset="us-ascii"
>
> We have a client set to buy a brand new 3 story house and, lo and behold,
> the builder didn't notice or ignored a CCR restriction limiting homes to no
> more than 2 stories. Title company says the ALTA Homeowner's policy covers
> this and points to a "covered risk" provision that reads:
>
> You are forced to correct or remove an existing violation of any covenant,
> condition or restriction affecting the Land, even if the covenant,
> condition or restriction is excepted in Schedule B. However, You are not
> covered for any violation that relates to:
>
> 1. Any obligation to perform maintenance or repair on the Land; or
> 2. Environmental protection of any kind, including hazardous or toxic
> conditions or substances.
> unless there is a notice recorded in the Public records, describing any
> part of the Land, claiming a violation exists. Our liability for this
> Covered Risk is limited to the extent of the violation stated in that
> notice.
>
> We're not aware of any publicly recorded notice of that the 3rd story is a
> violation. Does this seem like adequate protection for the buyer or a
> recipe for disaster?
>
>
>
> Marc Holmes
> Holmes Law Group PLLC
> 2303 W. Commodore Way, # 306
> Seattle WA 98199
> HolmesLawGroup.com<http://holmeslawgroup.com/>
> marc at holmeslawgroup.com<mailto:marc at holmeslawgroup.com>
> Ofc: 206-357-4224
> Cell: 206-849-0853
>
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> ------------------------------
>
> Message: 5
> Date: Tue, 20 Mar 2018 18:39:34 +0000
> From: Marcus Fry <mfry at lyon-law.com>
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> Cc: "kim holmeslawgroup.com" <kim at holmeslawgroup.com>
> Subject: Re: [WSBARP] 3 story house meets 2 story CCR restriction
> Message-ID:
> <MWHPR14MB1693DEB0CEFB881EEF2EC993F6AB0 at MWHPR14MB1693.
> namprd14.prod.outlook.com>
>
> Content-Type: text/plain; charset="us-ascii"
>
> Marc:
> I read it the opposite. The title company only covers the buyer if there
> is a recorded notice of the violation. However, the buyer isn't covered if
> there is no recorded notice of violation even though it appears known that
> there is a clear violation of the CCRs in this instance.
>
> Marcus J. Fry
> Lyon, Weigand & Gustafson, P.S.
> Yakima, WA.
>
> Confidentiality: This e-mail transmission may contain information which is
> protected by attorney-client, work product and/or other privileges. If you
> are not the intended recipient, you are hereby notified that any
> disclosure, or taking of any action in reliance on the contents, is
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> From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.
> wsbarppt.com] On Behalf Of marc holmeslawgroup.com
> Sent: Tuesday, March 20, 2018 11:27 AM
> To: WSBA Real Property Listserv
> Cc: kim holmeslawgroup.com
> Subject: [WSBARP] 3 story house meets 2 story CCR restriction
>
> We have a client set to buy a brand new 3 story house and, lo and behold,
> the builder didn't notice or ignored a CCR restriction limiting homes to no
> more than 2 stories. Title company says the ALTA Homeowner's policy covers
> this and points to a "covered risk" provision that reads:
>
> You are forced to correct or remove an existing violation of any covenant,
> condition or restriction affecting the Land, even if the covenant,
> condition or restriction is excepted in Schedule B. However, You are not
> covered for any violation that relates to:
> a. Any obligation to perform maintenance or repair on the Land; or
> b. Environmental protection of any kind, including hazardous or toxic
> conditions or substances.
> unless there is a notice recorded in the Public records, describing any
> part of the Land, claiming a violation exists. Our liability for this
> Covered Risk is limited to the extent of the violation stated in that
> notice.
>
> We're not aware of any publicly recorded notice of that the 3rd story is a
> violation. Does this seem like adequate protection for the buyer or a
> recipe for disaster?
>
>
>
> Marc Holmes
> Holmes Law Group PLLC
> 2303 W. Commodore Way, # 306
> Seattle WA 98199
> HolmesLawGroup.com<http://holmeslawgroup.com/>
> marc at holmeslawgroup.com<mailto:marc at holmeslawgroup.com>
> Ofc: 206-357-4224
> Cell: 206-849-0853
>
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> ------------------------------
>
> Message: 6
> Date: Tue, 20 Mar 2018 11:56:13 -0700
> From: <nestor at pplsweb.com>
> To: "'WSBA Real Property Listserv'" <wsbarp at lists.wsbarppt.com>
> Cc: "'kim holmeslawgroup.com'" <kim at holmeslawgroup.com>
> Subject: Re: [WSBARP] 3 story house meets 2 story CCR restriction
> Message-ID: <001401d3c07d$1ea6f6e0$5bf4e4a0$@pplsweb.com>
> Content-Type: text/plain; charset="us-ascii"
>
> Here are three points to ponder:
>
>
>
> * I never feel comfortable relying on a title policy especially when
> you know of the deficiency in advance. Also be careful of exclusion 3(a)
> under the ALTA policy regarding known defects.
> * I don't know anyone who likes filing a claim.
> * What about future marketability?
>
>
>
> I see a recipe for disaster.
>
>
>
> Nestor Gorfinkel, Attorney at Law
>
> Licensed in Washington & Florida
>
> Florida Civil-Law (International) Notary
>
>
>
> ATTENTION - This e-mail message and any attachment to this e-mail message
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>
> From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com
> >
> On Behalf Of marc holmeslawgroup.com
> Sent: Tuesday, March 20, 2018 11:27 AM
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> Cc: kim holmeslawgroup.com <kim at holmeslawgroup.com>
> Subject: [WSBARP] 3 story house meets 2 story CCR restriction
>
>
>
> We have a client set to buy a brand new 3 story house and, lo and behold,
> the builder didn't notice or ignored a CCR restriction limiting homes to no
> more than 2 stories. Title company says the ALTA Homeowner's policy covers
> this and points to a "covered risk" provision that reads:
>
>
>
> You are forced to correct or remove an existing violation of any covenant,
> condition or restriction affecting the Land, even if the covenant,
> condition
> or restriction is excepted in Schedule B. However, You are not covered for
> any violation that relates to:
>
> a. Any obligation to perform maintenance or repair on the Land; or
> b. Environmental protection of any kind, including hazardous or toxic
> conditions or substances.
>
> unless there is a notice recorded in the Public records, describing any
> part
> of the Land, claiming a violation exists. Our liability for this Covered
> Risk is limited to the extent of the violation stated in that notice.
>
>
>
> We're not aware of any publicly recorded notice of that the 3rd story is a
> violation. Does this seem like adequate protection for the buyer or a
> recipe for disaster?
>
>
>
>
>
>
>
> Marc Holmes
>
> Holmes Law Group PLLC
>
> 2303 W. Commodore Way, # 306
>
> Seattle WA 98199
>
> HolmesLawGroup.com <http://holmeslawgroup.com/>
>
> marc at holmeslawgroup.com <mailto:marc at holmeslawgroup.com>
>
> Ofc: 206-357-4224
>
> Cell: 206-849-0853
>
>
>
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> ------------------------------
>
> Message: 7
> Date: Tue, 20 Mar 2018 11:56:35 -0700
> From: Kary Krismer <Krismer at comcast.net>
> To: wsbarp at lists.wsbarppt.com
> Subject: Re: [WSBARP] 3 story house meets 2 story CCR restriction
> Message-ID: <8a4d2d6b-134b-6f45-7fdf-66db7930ba4d at comcast.net>
> Content-Type: text/plain; charset="windows-1252"; Format="flowed"
>
> To answer, I think we'd need to know what's on the third floor. And how
> much your client likes being a defendant in litigation. ;-)
>
> Seriously, I'd be worried about what the limits of coverage are, and the
> deductible.? I don't believe that coverage has a limitation lower than
> the sales price, but I don't know that for certain.? And what about the
> (unlikely?) event of some other claim against the policy, e.g. a lien
> claim, reducing the limits remaining for other claims?? It doe not seem
> like an ideal situation at all, and it's going to come up again when
> your client sells.? What will title policies provide at that point in time?
>
> I'd be interested in others' opinions of whether a buyer would need to
> have had 22T in their offer to raise this issue with the seller.? I've
> seen very few situations where 22T is useful, but this seems like one of
> them.
>
> Kary L. Krismer
> John L. scott/KMS Renton
> 206 723-2148
>
> On 3/20/2018 11:26 AM, marc holmeslawgroup.com wrote:
> >
> > We have a client set to buy a brand new 3 story house and, lo and
> > behold, the builder didn?t notice or ignored a CCR restriction
> > limiting homes to no more than 2 stories.? Title company says the ALTA
> > Homeowner?s policy covers this and points to a ?covered risk?
> > provision that reads:
> >
> > You are forced to correct or remove an existing violation of any
> > covenant, condition or restriction affecting the Land, even if the
> > covenant, condition or restriction is excepted in Schedule B.?
> > However, You are not covered for any violation that relates to:
> >
> > 1. Any obligation to perform maintenance or repair on the Land; or
> > 2. Environmental protection of any kind, including hazardous or toxic
> > conditions or substances.
> >
> > unless there is a notice recorded in the Public records, describing
> > any part of the Land, claiming a violation exists.? Our liability for
> > this Covered Risk is limited to the extent of the violation stated in
> > that notice.
> >
> > We?re not aware of any publicly recorded notice of that the 3^rd story
> > is a violation. Does this seem like adequate protection for the buyer
> > or a recipe for disaster?
> >
> > Marc Holmes
> >
> > Holmes Law Group PLLC
> >
> > 2303 W. Commodore Way, # 306
> >
> > Seattle WA 98199
> >
> > HolmesLawGroup.com <http://holmeslawgroup.com/>
> >
> > marc at holmeslawgroup.com <mailto:marc at holmeslawgroup.com>
> >
> > Ofc: 206-357-4224
> >
> > Cell: 206-849-0853
> >
> >
> >
> > _______________________________________________
> > WSBARP mailing list
> > WSBARP at lists.wsbarppt.com
> > http://mailman.fsr.com/mailman/listinfo/wsbarp
>
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> ------------------------------
>
> Message: 8
> Date: Tue, 20 Mar 2018 11:58:24 -0700
> From: Kary Krismer <Krismer at comcast.net>
> To: wsbarp at lists.wsbarppt.com
> Subject: Re: [WSBARP] 3 story house meets 2 story CCR restriction
> Message-ID: <0f4ab243-6634-e229-700f-c09ae37fc527 at comcast.net>
> Content-Type: text/plain; charset="windows-1252"; Format="flowed"
>
> I don't see that language as applicable, because this is is not an
> "environmental protection" issue.
>
> Kary L. Krismer
> 206 723-2148
>
> On 3/20/2018 11:39 AM, Marcus Fry wrote:
> >
> > Marc:
> >
> > I read it the opposite.? The title company only covers the buyer if
> > there is a recorded notice of the violation.? However, the buyer isn?t
> > covered if there is no recorded notice of violation even though it
> > appears known that there is a clear violation of the CCRs in this
> > instance.
> >
> > Marcus J. Fry
> >
> > Lyon, Weigand & Gustafson, P.S.
> >
> > Yakima, WA.
> >
> > *Confidentiality: *This e-mail transmission may contain information
> > which is protected by attorney-client, work product and/or other
> > privileges.? If you are not the intended recipient, you are hereby
> > notified that any disclosure, or taking of any action in reliance on
> > the contents, is strictly prohibited.? If you have received this
> > transmission in error, please contact us immediately and return the
> > e-mail to us by choosing Reply (or the corresponding function on your
> > e-mail system) and then deleting the e-mail.
> >
> > *From:*wsbarp-bounces at lists.wsbarppt.com
> > [mailto:wsbarp-bounces at lists.wsbarppt.com] *On Behalf Of *marc
> > holmeslawgroup.com
> > *Sent:* Tuesday, March 20, 2018 11:27 AM
> > *To:* WSBA Real Property Listserv
> > *Cc:* kim holmeslawgroup.com
> > *Subject:* [WSBARP] 3 story house meets 2 story CCR restriction
> >
> > We have a client set to buy a brand new 3 story house and, lo and
> > behold, the builder didn?t notice or ignored a CCR restriction
> > limiting homes to no more than 2 stories.? Title company says the ALTA
> > Homeowner?s policy covers this and points to a ?covered risk?
> > provision that reads:
> >
> > You are forced to correct or remove an existing violation of any
> > covenant, condition or restriction affecting the Land, even if the
> > covenant, condition or restriction is excepted in Schedule B. However,
> > You are not covered for any violation that relates to:
> >
> > a.Any obligation to perform maintenance or repair on the Land; or
> >
> > b.Environmental protection of any kind, including hazardous or toxic
> > conditions or substances.
> >
> > unless there is a notice recorded in the Public records, describing
> > any part of the Land, claiming a violation exists.? Our liability for
> > this Covered Risk is limited to the extent of the violation stated in
> > that notice.
> >
> > We?re not aware of any publicly recorded notice of that the 3^rd story
> > is a violation.? Does this seem like adequate protection for the buyer
> > or a recipe for disaster?
> >
> > Marc Holmes
> >
> > Holmes Law Group PLLC
> >
> > 2303 W. Commodore Way, # 306
> >
> > Seattle WA 98199
> >
> > HolmesLawGroup.com <http://holmeslawgroup.com/>
> >
> > marc at holmeslawgroup.com <mailto:marc at holmeslawgroup.com>
> >
> > Ofc: 206-357-4224
> >
> > Cell: 206-849-0853
> >
> >
> >
> > _______________________________________________
> > WSBARP mailing list
> > WSBARP at lists.wsbarppt.com
> > http://mailman.fsr.com/mailman/listinfo/wsbarp
>
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> WSBARP mailing list
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>
> End of WSBARP Digest, Vol 42, Issue 17
> **************************************
>
--
*International estate planning and settlement, trusts, real estate and
nanny visas*
206.569.8838
This electronic mail transmission and any accompanying documents contain
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