013-05 - Resolution - Donation of Real Property for Park PurposesRESOLUTION NO. 013-05
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON,
ACCEPTING THE DONATION OF REAL PROPERTY FOR PARK
PURPOSES AND APPROVING THE PROPERTY DONATION
AGREEMENT WITH ROBERT T. ROSS AND BETTY M. GRAVES
WHEREAS, on or about May 23, 2005, Robert T. Ross and Betty M. Graves
executed a Property Donation Agreement expressing their desire to donate real property to the
City of Port Orchard for park purposes (the "subject property"); and
WHEREAS, the City has agreed to the terms of the Property Donation
Agreement with Mr. Ross and Ms. Graves for the donation of the subject property for a park;
and
WHEREAS, the City has agreed that the use of the subject property shall be
restricted forever and in perpetuity as a public park; and
WHEREAS, a copy of the Property Donation Agreement is attached hereto as
Exhibit A and incorporated by this reference; and
WHEREAS, the City Council has reviewed the Agreement and finds that it is in
the best interests of the City and its citizens to ratify the Agreement; now, therefore;
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON,
HEREBY RESOLVES AS FOLLOWS:
THAT: the City Council hereby agrees to accept conveyance of
the subject property on the terms and conditions as stated in the
Property Donation Agreement attached hereto as Exhibit A and
authorizes the Mayor to execute the Agreement on behalf of the
City and to acquire the subject property in accordance with the
Agreement.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and
attested by the Clerk in authentication of such passage this 13t�' day of June 2005.
t
Ro ert Ge ger, may& Protem
ATTEST:
Z�wl��
Carol Elon, City CI
PROPERTY DONATION AGREEMENT
1. Date and Parties. This Agreement, for reference purposes only, is
dated the day of May, 2005, and is entered into by and between the CITY
OF PORT ORCHARD, a municipal corporation, hereinafter referred to as "City"
and ROBERT T. ROSS, a married man, as his separate property, and BETTY M.
GRAVES, an unmarried woman, as her separate property, hereinafter referred to
as "Property Owners."
2. SubiectProperty. The real property hereinafter referred to as the
"Property" which is the subject of this Agreement is a tract of land located in the
City of Port Orchard, Kitsap County, Washington, identified as Kitsap County
Assessor's Parcel No. 40620020010002 and legally described in First American
Title Insurance Company's Preliminary Commitment No. 4419-578622 dated
May 5, 2005 ("Preliminary Commitment") which is attached hereto as Exhibit A
and hereby made a part hereof.
3. Agreement to Donate Property. Property Owners desire to donate
the Property to the City for use as a public park. Property Owners agree to
convey and the City agrees to accept conveyance of the Property upon the
following conditions:
(a) The City accepts the donation of the Property in its present
condition on the terms noted;
(b) The City will pay all expenses in connection with this
transaction;
(c) The Property will not be developed into anything other than a
park;
(d) The City will provide and install at the Property a sign
depicting the Property as "Ross Park"; and
(e) The City will provide to Property Owners a letter
acknowledging donation of the Property for Property
Owners' federal income tax purposes.
The City mares no representations as to federal or state tax
consequences of the donation.
N
4. Title. Title of Property Owners shall be free of all encumbrances or
defects, except those noted in the Preliminary Commitment. Property rights
reserved in federal patents or state deeds, building or use restrictions general to
the district, and building or zoning regulations or provisions shall not be deemed
encumbrances or defects.
5. Title Insurance. The City has obtained, at the City's expense, the
Preliminary Commitment for standard coverage owner's title insurance policy.
The title policy to be issued shall contain no exceptions other than those provided
for in the specified title policy form, plus encumbrances or defects noted in
Paragraph 4 above. if title is not so insurable by the closing date set forth in
Paragraph 9 hereof, all rights of the City shall be terminated, except that the City
may waive defects and elect to close.
6. Conveyance. Title shall be conveyed by Warranty Deed, free of
encumbrances or defects except those noted in Paragraph 4.
7. Included Items. This transaction includes any improvements on the
Property.
8. Possession. The City shall be entitled to possession upon
recording of the conveyance document.
9. Closing Date and Closing Costs. The closing shall occur on or
before June 30, 2005. The transaction shall be closed at the office of McGavick
Graves, P.S., 1102 Broadway, Suite 500, Tacoma, Washington 98402. The City
will pay all costs in connection with this transaction.
10. Environmental Contamination. Property Owners warrant that they
have not caused or permitted the Property to be used as a site for generation,
manufacture, refining, transportation, transfer, treatment, storage, handling,
disposing or processing of hazardous substances, or other dangerous or toxic
materials or solid waste except in compliance with applicable federal, state and
local laws or regulations. Property Owners have not caused or permitted and
have no knowledge of the release of any hazardous substance on any of the
Property at any time.
11. Representation, Property Owners acknowledge that McGavick
Graves, P.S. has not represented Property Owners in the preparation of this
Agreement and cannot give Property Owners legal advice. Notwithstanding,
Property Owners agree to have McGavick Graves, P.S. close this transaction.
-2-
12. Facsimile. Transmission. Facsimile transmission of any signed
original document, and retransmission of any signed facsimile transmission, shall
be the same as delivery of an original. At the request of either party, or the
Closing Agent, the parties will confirm facsimile transmitted signatures by signing
an original document.
13. Notice. All notices required by this Agreement shall be deemed
delivered to the respective party on the date that it is personally delivered to the
address set forth below, or two days after the document is mailed, certified mail,
return receipt requested by U.S. Mail to the address set forth below.
City: Mayer Abed, PE
Director of Public Works
City of Port Orchard
216 Prospect St
Port Orchard, WA 98366
With a copy to: Gregory A. Jacoby, Esq,
McGavick Graves, P.S.
1102 Broadway, Ste 500
Tacoma, WA 98402
Property Owners: Robert T. Ross
Betty M. Graves
1314 Coral Dr
Fircrest, WA 98466
With a copy to: Betty M. Graves
E 50t' & 3r" Streets
Union, WA 98592
14. Obligations to Survive Closing. It is mutually agreed by the parties
hereto that any provision contained in this Agreement which shall by its nature or
terms impose any obligations or duty upon any party hereto, or give any right or
benefit to any party hereto, continuing beyond the date of conveyance of the
Property, will not be canceled, but will instead survive such conveyance and will
continue in full force and effect until all such obligations and duties are fully
performed and all such rights and benefits are fully realized.
15. Council Approval '. This Agreement is subject to ratification by the
City Council. This matter shall be submitted to the City Council for ratification
within thirty (30) days after signature by all parties.
Eta
16. Time is of the Essence. Time is of the essence as to each
provision of this Agreement. This provision has been negotiated by the parties
and is material and substantial consideration.
17. Entire Agreement, The parties have negotiated in good faith with
regards to each and every term of this Agreement. This Agreement embodies all
agreements, representations and warranties to which the parties have agreed to
be bound. This Agreement shall be construed to accomplish the intent and
purpose set forth herein, and shall be presumed to have been drafted by both
parties hereto. There are no verbal or other agreements that modify or affect this
Agreement unless specifically referenced herein.
CITY:
CITY OF PORT ORCHARD,
a municipal corporation
Attest:
��fd
Carol tgen, CI rk
Approved as to form:
6
F1_ Loren D. bs, Uy Attorney
Pl207661066-051DOCSlDONATl ON-AGREEME NT,DOC
PROPERTY OWNERS:
T. oss
r�
Betty Gray f
"141- tev
J
10
Form No. 1068-2 [ 4 q
ALTA Plain Language Commitment 3 ,
FirstAmerican
4zo
Title Team Four (Kitsap)
Fax No. (360) 692-9780
Ken Wilson
(360) 692-9314
kwilson@I'jrstam.com
To: McGadick Graves, Attorneys At Law
1102 Broadway, Suite 500
Tacoma, WA 98402-1317
Attu: Jeanette
Re: Property Address: To be determined, , WA
:ommitrnent No.: 4419-578622
Page I of 9
First American Title Insurance Company
3888 Randail Way NW, Silverdale, WA 98383
Silverdale, WA 98383
Phn - (360) 692-9314 (206) 624-3938
Fax - (360) 692-9780
COMMITMENT FOR TITLE INSURANCE
File No.: 4419-578622
Your Ref No.: 20766
Issued by
FIRST AMERICAN TIT U INSURANCE COMPANY
Agreement to Issue Policy
We agree to issue a policy to you according to the terms of this Commitment.
When we show the policy amount and your name as the proposed insured in Schedule A, this
Commitment becomes effective as of the Commitment Rate shown in Schedule A.
If the Requirements shown in this Commitment have not been met within six months after the
Commitment Rate, our obligation under this Commitment will end. Also, our obligation under this
Commitment will end when the Policy is issued and then our obligation to you will be under the Policy.
Our obligation under this Commitment is limited by the following:
The Provisions in Schedule A.
The Requirements in Schedule B-I.
The General Exceptions and Exceptions in Schedule B-II.
The Conditions.
This Commitment is not valid without Schedule A and Section I and II of Schedule B.
First American Title
Form No. 1066-2
ALTA Ptain Language Commitment
nitment No.: 4419-578622
Page 2 of 9
SCHEDULE A
Commitment Date: May 05, 2005 at 7:30 A.M.
2. Policy or Policies to be issued: AMOUNT PREMIUM TAX
General Schedule Rate
Owner's Standard Coverage $ 6,430.00 $ 350.00 $ 30.10
Proposed Insured:
City of Port Orchard
3. (A) The estate or interest in the land described in this Commitment is:
A fee simple.
(B) Title to said estate or interest at the date hereof is vested in:
Robert T. Ross and Betty M. Graves, as their separate estates
The [and referred to in this Commitment is described as follows:
Real property in the County of Kitsap, State of Washington, described as follows:
PARCEL A:
LOTS 1 THROUGH 25, INCLUSIVE, AND 28, BLOCK 2, PLAT OF WHEELER'S ADDITION TO
SIDNEY AS FILED IN VOLUME 1, PAGE 61 OF PLATS, RECORDS OF KITSAP COUNTY,
WASHINGTON.
TOGETHER WITH A PORTION OF THE FIRST CLASS TIDELANDS FRONTING GOVERNMENT LOT
1, SECTION 25, TOWNSHIP 24 NORTH, RANGE 1 EAST W.M., KITSAP COUNTY, WASHINGTON
AS DESCRIBED IN DEED RECORDED UNDER AUDITOR'S FILE NUMBER 376270 MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST ONE -QUARTER CORNER OF SAID SECTION 25, TOWNSHIP 24
NORTH, RANGE 1 EAST W.M.; THENCE NORTH 1 DEG. 30' 06" EAST, ALONG THE WEST LINE OF
SAID SECTION 317.17 FEET; THENCE LEAVING SAID WEST LINE RUN NORTH 88 DEG. 29' 54"
EAST 791.38 FEET MORE OR LESS TO A POINT AT THE INTERSECTION OF A CURVE ON THE
SOUTHERLY MARGIN OF STATE HIGHWAY 14 AND THE BALANCED GOVERNMENT MEANDER
LINE OF SAID SECTION 25; THENCE SOUTH 14 DEG. 3746" WEST, ALONG SAID BALANCED
GOVERNMENT MEANDER LINE, SAID LINE BEING THE MOST WESTERLY LINE OF THAT TRACT"
OR PARCEL OF FIRST CLASS TIDELANDS DESCRIBED IN DEED RECORDED UNDER AUDITOR'S
FILE NUMBER 376270, A DISTANCE OF 149.41 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 14 DEG. 37' 46" WEST, ALONG SAID BALANCED GOVERNMENT MEANDER LINE,
90.75 FEET MORE OR LESS TO THE NORTHWESTERLY LINE OF BLOCK 2 OF SAID PLAT OF
WHEELER`S ADDITION TO SIDNEY; THENCE NORTH 45 DEG. 33' 04" EAST, ALONG SAID
NORTHWESTERLY LINE, 99.81 FEET MORE OR LESS THE SOUTHWESTERLY LINE OF THAT
CERTAIN TRACT DESCRIBED IN STATUTORY WARRANTY DEED RECORDED UNDER AUDITOR'S
FILE NUMBER 9404220212, WHICH BEARS SOUTH 69 DEG. 39' 34" EAST FROM THE TRUE
POINT OF BEGINNING; THENCE NORTH 69 DEG. 39' 34" WEST 51.58 FEET MORE OR LESS TO
THE TRUE POINT OF BEGINNING.
BEARINGS ARE BASED UPON A BEARING OF NORTH 1 DEG. 30' 06" EAST BETWEEN THE WEST
ONE -QUARTER CORNER AND THE MEANDER CORNER ON THE WEST LINE OF SECTION 25,
TOWNSHIP 24 NORTH, RANGE 1 EAST W.M. AND AS SHOWN ON EXHIBIT SHOWING THE ROSS-
GRAVES OWNERSHIP DTD APRIL 11, 2005.
�XrstAmencan Title
Form No. 1668-2
ALTA Plain Language Commitment
Commitment No.: 4419-S78622
Page 3 of 9
PARCEL B:
THAT PORTION OF THE FIRST CLASS TIDELANDS FRONTING GOVERNMENT LOT 1, SECTION
25, TOWNSHIP 24 NORTH, RANGE 1 EAST W.M., KITSAP COUNTY, WASHINGTON AS
DESCRIBED IN DEED RECORDED UNDER AUDITOR'S FILE NUMBER 376270 MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST ONE -QUARTER CORNER OF SAID SECTION 25, TOWNSHIP 24
NORTH, RANGE i EAST W.M.; THENCE NORTH 1 DEG. 30' 06" EAST, ALONG THE WEST LINE OF
SAID SECTION 317.17 FEET; THENCE LEAVING SAID WEST LINE RUN NORTH 88 DEG. 29' 54"
EAST 791.38 FEET MORE OR LESS TO A POINT AT THE INTERSECTION OF A CURVE ON THE
SOUTHERLY MARGIN OF STATE HIGHWAY 14 AND THE BALANCED GOVERNMENT MEANDER
LINE OF SAID SECTION 25, FROM WHICH THE RADIUS POINT BEARS SOUTH 35 DEG. 14' 57"
WEST 468.22 FEET; THENCE SOUTHEASTERLY ALONG THE SAID SOUTHERLY MARGIN 80.00
FEET TO A POINT FROM WHICH THE RADIUS POINT BEARS SOUTH 45 DEG. 02' 19" WEST,
SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING
SOUTHEASTERLY ALONG THE SAID SOUTHERLY MARGIN OF STATE HIGHWAY 14, A DISTANCE
OF 33.05 FEET MORE OR LESS TO HIGHWAY ENGINEERS STATION 4+80, FROM WHICH THE
RADIUS POINT BEARS SOUTH 49 DEG. 04' 59" WEST; THENCE LEAVING SAID SOUTHERLY
MARGIN RUN SOUTH 40 DEG. 05' 07" WEST 113.39 FEET MORE OR LESS TO THE SOUTHEAST
CORNER OF THAT CERTAIN PARCEL RECORDED UNDER AUDITOR'S FILE NUMBER 9404220212;
THENCE NORTH 24 DEG. 27' 42" EAST, ALONG THE EASTERLY LINE OF SAID AUDITOR'S FILE
NUMBER 9404220212, A DISTANCE OF 121.91 FEET MORE OR LESS TO THE TRUE POINT OF
BEGINNING,
BEARINGS ARE BASED UPON A BEARING OF NORTH 1 DEG. 30' 06" EAST BETWEEN THE WEST
ONE -QUARTER CORNER AND THE MEANDER CORNER ON THE WEST LINE OF SECTION 25,
TOWNSHIP 24 NORTH, RANGE 1 EAST W.M. AND AS SHOWN ON EXHIBIT SHOWING THE ROSS-
GRAVES OWNERSHIP DTD APRIL 11, 2005.
APN: 40620020010002
FirstArnerican 77de
Form No. 106E-2
ALTA Piain Language Commitment
C tment No.: 4419-578622
Page 4 of 9
SCHEDULE B
SECTION I
REQUIREMENTS
The following requirements must be met:
(A) Pay the agreed amounts for the interest in the land and/or the mortgage to be insured.
(B) pay us the premiums, fees and charges for the policy.
(C) Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured
must be sigped, delivered and recorded:
(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.
(E) Releases(s) or Reconveyance(s) of Item(s):
(F) Other:
(G) You must give us the following Information:
1. Any off record leases, surveys, etc.
2. Statement(s) of Identity, all parties.
3. Other:
SCHEDULE B
SECTION II
GENERAL EXCEPTIONS
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, interests, 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 persons 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 the public records.
E. (A) Unpatented mining claims; (B) Reservations or exceptions in patents or in Acts authorizing
the issuance thereof; (C) Water rights, claims or title to water; whether or not the matters
excepted under (A), (B) or (C) are shown by the public records; (D) 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 or materials or medical assistance heretofore 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 escrow or interest or mortgage(s) thereon
covered by this Commitment.
RistAmerdcan Tide
Form No. 1W-2
ALTA Plain Language commitment
Commitment No.: 4419-578622
Page 5 of 9
SCHEDULE B
SECTION II
EXCEPTIONS
Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction.
The printed exceptions and exclusions from the coverage of the policy or policies are available from the
office which issued this Commitment. Copies of the policy forms should be read.
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 Part Orchard is at 1.7811/o.
Levy/Area Code: 0805
2. General 'saxes for the year 2005, The first half becomes delinquent after April 30th. The second
half becomes delinquent after October 31st.
Tax Account No.:
40620020010002
1st Half
Amount Billed:
$ 36.31
Amount Paid:
$ 0.00
Amount Due:
$ 36.31
Assessed Land Value:
$ 6,430.00
Assessed Improvement Value:
$ 0.00
2nd Half
Amount Billed:
$ 36.31
Amount Paid:
$ 0.00
Amount Due:
$ 36.31
Assessed Land Value:
$ 6,430.00
Assessed Improvement Value:
$ 0.00
3. Easement, including terms and
provisions contained therein:
Recording Information:
248924
For:
Driveway Area
Affects:
lots 1 and 2
4. Any question as to the true location of the lateral boundaries of the Tidelands.
5. 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 this state. (Affects all of the premises subject to
such submergence)
6. 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.
7. Any question that may arise due to the shifting and/or changing in the course of Blackjack
Creek.
First American Title
Form No. 1066-2 nitment No.; 44419-578622
ALTA Plain Language commitment Page: 6 of 9
8. Reservations contained in Deed from the State of Washington recorded under recording no.
376270, reserving all olf,.gases, coal, ores, minerals, fossils, etc., and the right of entry for
opening, developing and working the same.
9. The terms and provisions contained in the document entitled "Ordinance No. 530"
Recording. No.: 439316
10. Easement, ipduding terms and provisions contained therein:
Recording Information: 633459
In Favor of: Town of Port Orchard, a municipal corporation
For: a 12 inch culvert and water pipeline
Affects: lot 10
11. Conditions, notes, easements, provisions contained and/or delineated on the face of the Survey
recorded under Recording No. 8501070056 , in Kitsap, Washington.
flrstAmerican Title
Form No, 1068-2
ALTA Ptain Language Commitment
Commitment No., 4419-578622
Page 7 of 9
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 documents) to be insured.
LTS 1 TO 25, INCL. AND 28, BM 2, WHEELER`S ADDITION TO SIDNEY, V. 1, P. 61
APN: 40620020010002
D. The following deeds affecting the property herein described have been recorded within 24
months of the effective date of this commitment: none
E. According to the application for title insurance, title is to vest in
City of Port Orchard.
Property Address: To be determined,, WA
RrstAmerk3n ride
Form No. 1068-2
ALTA Plain Language Commitment
C ,fitment No.; 4419-578622
Page B of 9
CONDITIONS
1, DEFINITIONS
(a)"Mortgage" means mortgage, deed of trust or other security instrument.
(b)"Public Records" means title records that give constructive notice of matters affecting the title
according to the state law where the land is located.
2. LATER DEFECTS
The Exceptions in Schedule B - Section II may be amended to show any defects, liens or encumbrances
that appear for the first time in the public records or are created or attached between the Commitment
Date and the date on which all of the Requirements (a) and (c) of Schedule B - Section Fare met. We
shall have no liability to you because of this amendment.
3. EXISTING DEFECTS
If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may
amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or
encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this
information and did not tell us about it in writing.
4. LIMITATION OF OUR LIABILITY
Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its
Requirements. If we have any liability to you for any loss you incur because of an error in this
Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment
when you acted in good faith to:
comply with the Requirements shown in Schedule B - Section I
or
eliminate with our written consent any Exceptions shown in Schedule B - Section II.
We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our
liability is subject to the terms of the Policy form to be issued to you.
S. CLAIMS MUST BE BASED ON THIS COMMITMENT
Any claim, whether or not based on negligence, which you may have against us concerning the title to
the land must be based on this commitment and is subject to its terms.
FrrstAmerlcan Title
Form No. 1068-2
ALTA Plain Language Commltment
Commitment No.: 4419-578622
Page 9 of 9
+ Y ar
First' A,rnrtn
PRIVACY POLICY
We Are Committed to Weguarding Customer Information
MrstAmerfcan TWO Insurance Company
3888 Randall Way NW, Silverdale, WA 98383
Silverdale, WA 98383
Phn -(360) 692-9314 (206) 624-3936
Fax - (360) 692-9780
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 wiH 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 Fdlrinforma ion 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 appraisa I
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 wi 11 be
handled responsibly and in accordance with this Privacy Policy and First American's Fairinformaiion Values. We currently maintain
physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information.
0 2001 The First American Corporation • All Rights Reserved
FirstAmeacan Title