HomeMy WebLinkAboutBlack River Riparian Forest (Permanent Site Record) Purchase & Sales AgreementsREAL ESTATE PURCHASE. AND SALE AGREEMENT
This Agreement is between FIRST. CITY WASHINGTON, INC., a
washington corporation ("Seller"), and THE CITY OF RENTON, a
Washington municipal corporation ("Purchaser"), and is made for the
purpose of purchase and. sale of the following described real
property.
In consideration of the covenants and agreements hereinafter
made, the parties agree as ·follows:
1. Description of Property. Purchaser agrees to purchase
from Seller, and Seller agrees to sell unto Purchaser, the
following described unimproved real property, which is commonly
known as Lots 3, 4 and the North one-half of Lot 6, of Tract C of
Blackriver Corporate Park, Renton, King county, Washington, and
referred' to in this Agreement as "the Premises":
See legal description attached hereto as Attachment "A"
2; Purchase Price. The purch.asepriceis Two Millionc Seven
Hundred Thousand Dollars ($2,700·;'OOO;.OQ), payable in cash at time
of closing. .,
3. Title. Title to the. Preinises shall be free .of encum-
. brances _ or.:,defectsexcept speciaL .Exceptions _Nos. 4 through :14,
. inclusive; as set forth in. Schedule B to Transamerica Title
Insurance Company's 'Coinrni tment for' Title,. 'Insurance, Order' No.
0863156, dated January 13, 1994. Seller agrees to furnish and
deliver to Purchaser.a standard form of policy of title insurance
issued by Transamerica Title. Insurance company. The Purchaser
acknowledges receipt of the above-mentioned Commitment· for Title
Insurance. ·If this Agreement terminates for any reason, Purchaser
shall pay any cancellation fee· for the respective commitments or
policies. The' title' policy to be issued shall contain no
. exceptions ·other·than the exceptions· noted in this paragraph. If
title is not so .insurable as above provided and cannot'be made 'so
insurable by the termination date set forth in Paragraph 6 below,
unless otherWise agreed by the par'ties, this Agreement shall
terminate and thereafter neither party shall have any obligations
or liabilities hereunder. .
4. conveyance. ' Transfer of Seller's interest in the
Premises shall be by Statutory Warranty Deed.
5. Prorations. ·Taxes for the current year, rents,
insurance, 'interest, mortgage reserves, water and other utilities
constituting liens on the Premises shall be prorated as of , the date
of closing.
6. Closing. This Pllrchase and sale transaction shall be
closed in the office of Transamerica Title Insurance Company in
seattle, Washington ("Closing Agent") within ten (10) days after
removal of all contingencies, but, in any event not later than
1650/066:3/16/94
. ABASSE/fCW
r
P&S-Agr.new
"
June 1, 1994, which shall be the termination date of this
Agreement. The parties will deposit in escrow with the Closing
Agent all instruments and moneys necessary to complete this
purchase and sale transaction in accordance with this Agreement.
The cost of escrow shall be paid one-half (1/2) each by the
parties.
7. Possession. Seller shall deliver, possession of the
Premises to Purchaser on date of closing.
8. Condition of Property. Purchaser has inspected the
Premises and agrees to accept the Premises in its present
condition, "as is". Purchaser agrees and acknowledges that Seller
makes no representations or warranties with respect to the physical
condition of the Premises, or with respect to the presence of any
environmentally hazardous substances on or under the Premises.
9. Default.
9.1 If either party defaults in the performance of its
obligations under this Agreement, the non-defaulting partY,may seek
specific performance pursuant to the terms of this Agreement,
damages, or rescission. Purchaser is purchasing the Premises in
its proprietary capacity not its governmental capacity and therefor
sovereign immunity does not apply to the enforcement of this
Agreement.
recover
counsel
9.2' The non-defaulting
its costs and reasonable
is'retained as a result of
party 'shall ,be
attorneys' fees
such default.
entitled to
in the event
, 10." Miscellaneous. There are no verbal--, or other agreements
which modify or affect this Agreement. Time is of the essence of'
this Agreement. Purchaser has not consulted with, nor discovered
the resp'ective parcels through the use of a realtor or other agent
and there are no finders' fees or commissions due upon this
transaction. Facsimile transmission of any signed original
document, and retransmission of any signed facsimile transmission,
shall be the same as transmission 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.
Notices given under th'is Agreement shall be in writing and shall be
delivered personally with written receipt therefor, sent by
certifiedmail, return receipt requested, or sent via telecopier to
the following addre'sses:
1650/066:3/16/94
ABASSE/FCW
Seller:
First City' Washington, Inc.
Attn: Dean R. Erickson, Vice President
suite ,6000, 700 Fifth Avenue
Seattle, WA 98104
Telecopy No. (206)382-9752
P&S-Agr,new
, ..
Purchaser:
city of Renton
Attn: Lawrence J. Warren, City Attorney
P.O. Box 626
Renton, WA 980.57
Telecopy No. (20.6)255-5474
Notices or other communications sent by mail shall be deemed to be
given three (3) days after being deposited in the mail, postage
prepaid. Notices or other communications sent via telecopier shall
be deemed to be given when actually received, or if received on a
weekend, legal holiday or after 5:0.0. p.m. (local' time where
received) ona business day, on the next business day. For
purposes of this paragraph, a "business day" shall mean a weekday
(i.e., Monday through Friday) other than a state or national legal
holiday observed by the receiving party .
. 11. . ·Residency. of Seller. S_eller warrants to closing Agent
--c .that Seller .is·not:, -a --foreign: '-corporation, foreign partnership,
'foreign .trust or. foreign estate. _ .. .
12. Contingencies", '.-
" 12.1 The .. 'obligations of' the Purchaser .under this
Agreement' are contingent upon .the· occurr'ence of .the" following ·on' or· ..
before May 15, -1994:
.. (a) Receipt by Purchaser of the final award of a
Metro grant for $720.,750.. DO. for partial funding of this acquisition
by Purchaser; and
(b) Approval . by ... the city council of the city of
Renton of' t:,he execution of this -agreement and authorization to
... close this transaction. ..
12.2 The obligations of the .Seller under this Agreement
are.contingent upon the.approval, on or before May 15, 1994,. by the
Board of Directors of Seller of the ·execution and performance of
this Agreement.
13. Termination of option. Seller and Purchaser hereby agree
that all of Purchaser's rights under that certain option Agreement
between Seller, as optionor, and Purchaser, as optionee, dated as
of November 20., 1991, are null and void, and said Option Agreement
is no longer in effect.
14. Assignment. This Agreement
Purchaser or Seller without the express
other party to this Agreement, which
unreasonably withheld.
1650/066:3/16/94
ABASSE/FCW
-3-
is not assignable
written consent of
consent will not
by
the
be
P&S~A9r.new
. 15. Governing Law. This' Agreement shall be construed and
interpreted under and shall be governed and enforced in all
respects according to the laws of the state of Washington.
16. Oral Agreements and Representations. There are no oral
or other agreements, including but not limited to any representa-
tions or warranties, which modify or affect this Agreement. Seller
shall not be bound by, nor liable for, any warranties or other
representations regarding the Premises unless such representations
and warranties are set fo~th in a written instrument duly executed
by Seller.
~~I DATED as of ___________________ , 1994.
1650/066:3/16/94
ABASSE/FCW
SELLER:
FIRST CITY WASHINGTON, INC., a
::'hi~
Its dA~~ .. ~
By ~c,;::~.
ItS----!lA.<.t-:..;=' ::....=:~~. =' =" =----,---_--,-
Execution Date: $r3/-Q¥'
PURCHASER:.
THE CITY OF RENTON,. a Washington
muni pal corporation
Execution Da te :/--~.:...a~::.....L+ ________ _
test:
Date:
greement is approved as to
fbrm:
c_ ..
. ? --
. -4.-P&S-Agr.new
ATTACHMENT "A"
DESCRIPTION:
PARCEL 1 (LOT 3 IN TRACT C):
THAT PORTION OF THE SOUTHEAST 1/4 OF SECTION 13, TOWNSHIP 23 NORTH, RANGE 4
EAST W.M., DESCRIBED AS FOLLOWS:
BEGINNING, AT THE INTERSECTION OF THE EAST LINE OF SAID SOUTHEAST 1/4' ,WITH THE
NORTH LINE OF THE SOUTH 650:00 FEET THEREOF, SAID NORTH LINE BEING ALSO THE
NORTH LINE OF WASHINGTON TECHNICAL CENTER, AS PER PLAT RECORDED IN VOLUME 122
OF PLATS, PAGES 98 THROUGH 102, RECORDS OF KING COUNTY; ,
THENCE NORTH 88°15'00" WEST, ,ALONG SAID NORTH LINE, 1099.78 FEET;
THENCE NORTH 01°45'00" EAST 400.00 FEET TO THE TRUE POINT OF BEGINNING;
'THENCE NORTH 88°15'00" WEST 350.00 FEET;
THENCE NORTH 71°42'49" WEST 218.8,6 FEET;
THENCE NORTH 12°19'12" WEST 109.81 FEET;
THENCE SOUTH 71°22'34" WEST 174.45 FEET TO A POINT ON A CURVE HAVING A RADIUS
OF 650.00 FEE'!\ THE RADIUS pOINT, OF WHICH BEARS SOUTH 67"05'58" WEST;
THENCE NORTHWESTERLY, ALONG SAID CURVE: 174.47 FEET;
THENCi:;"NORTH 39°14'15" EAST 453.11 FEET TO A POINT 'ON THE SOIJ'!'HERLY LINE OF
THE BURLINGTON .. NORTHERN RAILROAD RIGHT-OF-WAY, SAID POINT BEING, ON A CURVE
HAVING A RADIUS OF, 1165.09 FEET'THE'RADIUS 'POINT OF WHICH BEARS_SOUTH
39°14'15"' WEST;:
TmiNCE SOUT!fi::ASTERLY', ALONG SAID CURVE AND sqUTHERLY LINE,' 267:97 FEET;
'THENGE-SOUTHc,37':35' 03,"-, EAST ,-ALONG SAID SOUTHERLY LINE, 308.,70 ,FEET;
THENCE ALONG SAID SOUTHERLY LINE, ON A CURVE 'TO THE LEFT HAVING A'RADIUS OF
1005,37 'FEET, ',{DISTANCE, OF 248':54 FEET' TO A' POiNT WHICH ,BEARS NORTH 01" 45 '00"
EASt FROM ,THE TRUE POINT OF BEGINNING;,
THENCE SOUTH '01°45'00" WEST 18.89, FEET TO THE TRUE POINT OF BEGINNING;
EXCEPT THAT'PORTION LYING WITHIN THAT PORTION OF THE CHARLES BROWNELL
DONATION'LAND CLAIM NO. 41, AND OF THE'SOUTHWEST 1/4 AND THE 'SOUTHEAST 1/4 OF
SECTION 13" TOWNSHIP 23 NORTH; RANGE '4 EAST W.M" OESCRI!lED AS FOLLOWS:
BEGINNING AT ,THE ,SOUTH ,1/4 CORNER OF SAID SECTION 13;
THENCE, NORTH 00°58'28" EAST, ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION
13, A DISTANCE OF 884.84 FEET TO TilE SOUTHEAST CORNER OF TRACT 26, IN RENTON
SHORELANDS SECOND SUPPLEMENTAL;
THENCE SOUTH 72°37'52" WEST, ALONG THE SOUTH BOUNDARY 'OF, SAID TRACT 26" A
DISTANCE OF 382.60 FEET;
THENCE NORTH 70"54'02" WEST, ALONG SAID SOUTH BOUNDARY OF TRACT 26, A DISTANCE
OF 73.51 FEET TO THE EAST LINE OF SAID CHARLES BROWNELL DONATION LAND CLAIM
NO. 41; , ' '
THENCE NORTH 01°24 "04" EAST, ALONG SAID F..AST LINE OF THE CHARLES BROWNELL
DONATION LAND CLAIM NO. 41, A DISTANCE OF 950.58 FEET TO A LINE 35 FEET
SOUTHERLY OF AND PARALLEL WITII TilE CENTERLINE OF THE EXISTING MOST SOUTHERLY
TRACK OF TilE CIIICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD TRACKS AS
DEPICTED ON T1lAT 'CERTAIN RECORD OF SURVEY FOR LOT LINE ADJUSTMENT RECORDED
UNDER KING COUNTY RECORDING NO. 8312229001 AND THE TRUE POINT O~ BEGINNING;
THENCE' WESTERLY, 'ALONG SAID PARALLEL LINE, ON A CURVE TO TilE LEFT THE CENTER
OF, WHICH BEARS SOUTH 15°22'32" EAST HAVING A RADIUS OF 2,790.19 FEET, AN ARC
DISTANCE OF 789.44 FEET .THROUGH A CENTRAL ANGLE OF 16°12'39" TO A POINT OF
COMPOUND CURVE;
THENCE, CONTINUING ALONG SAID PARALLEL'LINE. ON A CURVE TO TilE LEFT THE CENTER
OF WHICH BEARS SOUTH 31"35'11" EAST HAVING A RADIUS OF 2,580.74 FEET, AN ARC
PAGE 2 0863156
, ,
DISTANCE OF 437,40 FEET THROUGH A CENTRAL ANGLE OF 09°42'39" TO A POINT OF
REVERSE CURVE;
THENCE, CONTINUING ALONG SAID PARALLEL LINE, ON A CURVE TO THE RIGHT THE
CENTER OF WHICH BEARS NORTH 41°17'50" WEST HAVING' A RADIUS OF 428.64 FEET, AN
ARC DISTANCE OF 73.32 FEET THROUGH A CENTRAL ANGLE OF 09°48'04".TO A POINT OF
REVERSE CURVE;
THENCE, CONTINUING ALONG SAID PARALLEL LINE, ON A CURVE TO THE LEFT THE CENTER
OF WHICH BEARS SOUTH 31°29'46" EAST HAVING A RADIUS OF 67.6.58 FEET,AN ARC
DISTANCE OF 93.S4 FEET THROUGH A CENTRAL ANGLE OF 07°55'47" TO A PONINT OF
TANGENCY;
THENCE, CONTINUING ALONG SAID PARALLEL LINE, SOUTH 50°34'27" WEST A DISTANCE
OF 248.50 FEET TO A POINT OF CURVE;
THENCE, CONTINUING ALONG SAID PARALLEL LINE, ON A CURVE TO THE LEFT, THE ,
CENTER OF WHICH BEARS SOUTH 39°25'33" EAST HAVING A RADIUS OF 696.89 FEET, AN
ARC DISTANCE OF 40.09 FEET THROUGH A CENTRAL ANGLE OF 03°17'45" TO THE. SOUTH
LINE OF THE BURLINGTON NORTHERN RAILROAD RIGHT-OF-WAY;
THENCE NORTH 43°49'09" EAST, ALONG SAID SOUTH LINE, A DISTANCE OF' 173.83 FEET
TO A POINT OF CURVE;
THENCE, CONTINUING ALONG SAID SOUTH LINE, ON A CURVE TO THE RIGHT THE CENTER
OF WEICH BEARS SOUTH 46°10'.51" EAST HAVING A RADIUS OF 4,030.00 FEET, AN ARC
DISTANCE OF 197.57 FEET THROUGH A CENTRAL ANGLE OF 02°48'32" TO A POINT:OF
COMPOUND CURVE;
THENCE, CONTINUING ALONG SAID SOUTH LINE, ON A CURVE·TO·THE RIGHT THE CENTER
OF WHICH BEARS SOUTH 43°22'19" EAST HAVING A RADIUS OF 1,853.00 FEET, AN ARC
DISTANCE.oI' 194.75 FEET THROUGH A CENTRAL ANGLE OF OSoOl' 18"TO A POINT OF
COMPOUND CURVE;
THENCE, CONTINUING ALONG SAID SOUTH LINE, ON A.CURVE TO: THE RIGHT THE CENTER
OF WHICH BEARS SOUTH 37°21' 01" EAST HAVING A RADIUS OF 10,543.00 FEET, AN ARC
DISTANCE OF 186.51 F.EET THROUGH A' CENTRAL ANGLE OF .01 °00' 49" TO i. POINT OF
COMPOUND CURVE;
THENCE, CONTINUING ALONG SAID SOUTH LINE,.ON A CURVE TO THE RIGHT THE CENTER
OF WHICH BEARS SOUTH 36°20'12~ EAST HAVING A RADIUS OF·I,S57.00 FEET AN ARC
DISTANCE OF 193.93 FEET THROUGH A CENTRAL ANGLE OF OS042'20" TO A POINT OF
COMPOUND CURVE;
. THENCE, CONTINUING ALONG'SAID SOUTH LINE, ON A CURVE TO THE RIGHT THE CENTER
OF WHICH BEARS ?OUTH 29°37'52" EAST HAVING A RADIUS OF 6,738.00 FEET, AN ARC
DISTANCE OF 197.76 FEET THROUGH A CENTitAL ANGLE OF 01°40' 54" TO A POINT. OF
COMPOUND CURVE.;
THENCE, . CONTINUING ALONG SAID SOUTH LINE. ON A CURVE TO THE .RIGHT THE CENTER
OF WHICH BEARS SOUTH 27°5S'58" EAST HAVING A RADIUS OF 1,768.00 FEET, AN ARC
DISTANCE OF 194.45 FEET THROUGH A CENTRAL ANGLE OF 06°18'06" TO A POINT OF
COMPOUND CURVE.;
THENCE. CONTINUING ALONG SAID SOUTH LINE; ON A CURVE TO THE RIGHT THE ~ENTER
OF WHICH BEARS SOUTH 21"38'52" EAST HAVING A RADIUS OF 8.603:00 FEET,'AN ARC
DISTANCE OF 204.54 FEET THROUGH A CENTRAL ANGLE OF 01°21'44" TO A POINT OF
COMPOUND CURVE;
THENCE. CONTINUING ALONG SAID SOUTH LINE. ON A CURVE TO THE RIGHT THE CENTER
OF WHICH BEARS SOUTH 20°17'08" EAST HAVING A RADIUS OF 1.922.10 FEET. AN ARC
DISTANCE OF 178.79 FEET THROUGH A CENTRAL ANGLE OF 05°19'46" TO A POINT OF
COMPOUND CURVE ON THE EAST LINE OF'SAID CIUffiLES BROWNELL DONATION LAND CLAIM
NO. 41;
THENCE. CONTINUING ALONG SAID SOUTH LINE, ON A CURVE TO THE RIGHT THE CENTER
OF WHICH BEARS SOUTH 14°57'22" EAST HAVING A RADIUS OF 2,814.93 FEET. AN ARC
DISTANCE OF 659,42 FEET THROUGH A CENTRAL ANGLE OF 13°25'19" TO·A POINT OF
COMPOUND CURVE;
PAGE 3 0863156
THENCE. CONTINUING ALONG SAID SOUTH LINE ... ON A CURVE TO THE RIGHT THE CENTER
OF WHICH BEARS SOUTH 01°32'03" EAST HAVING A RADIUS OF 1.165.09 FEET. AN ARC
DISTANCE OF 1.097.05 FEET THROUGH A CENTRAL ANGLE OF 53°57'00" TO A POINT OF
TANGENCY;
THENCE. CONTINUING ALONG· SAID SOUTB LINE. SOUTH 37°35'03" EAST A DISTANCE OF
308.70 FEET TO A POINT OF CURVE;
THENCE. CONTINUING ALONG SAID SOUTH LINE, ON A CURVE TO THE LEFT THE CENTER OF
WHICH BEARS NORTH 52°24' 57" EAST HAVING A RADIUS OF 1,005.37 FEET. AN ARC
DISTANCE OF 45.82 FEET THROUGH A CENTRAL ANGLE OF 02°36'41" TO A LINE 35 FEET
SOUTHERLY OF AND PARALLEL WITH THE CENTER~INE OF THE EXISTING MOST SOUTHERLY
TRACK OF THE CHICAGO. MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD TRACTS;
THENCE WESTERLY, ALONG SAID PARALLEL LINE, NORTH 40°11'44" WEST A DISTANCE OF
126.24 FEET TO A POINT OF CURVE;
THENCE, CONTINUING ALONG SAID PARALLEL LINE, ON A CURVE TO THE ·LEFT THE CENTER
OF WHICH BEARS SOUTH 49°48'16" WEST HAVING A RADIUS OF 1.829.78 FEET. AN ARC
DISTANCE OF 309.67 FEET THROUGH A CENTRAL ANGLE OF 09°41'48";
THENCE NORTH 49°53'32" WEST, ALONG SAID PARALLEL LINE. A DISTANCE OF 167.07
FEET TO A POINT OF CURVE;
THENCE. CONTINUING ALONG SAID PARALLEL LINE. ON A CURVE TO THE LEFT THE CENTER
OF WHICH BEARS SQUTH'.40006'28" WEST HAVINGA·RADIUS OF 1.102.46 FEET, AN ARC
DISTANCE OF ·807 .. 11 FEET THROUGH A CENTRAL '.ANGLE ·OF 41°56'46" TO A POINT OF·
COMPOUND CURVE;
THENCE. CONTINUING ALONG,SAID PARALLEL LINE, ON A CURVE TO THE LEFT.THE
.. cEN'i'im OF WHiCH BEARS SOUTH 01°50'18" EAST· HAVING A. RADIUS OF 2,790.19 FEET;
AN .. ARC'DISTANCE OF 659.24 FEET THROUGH A CENTRAl, ANGLE OF 13°32'14" TO THE
TRUE'POINT OF BEGINNING OF THIS EXCEPTION;
SITUATE IN THE CITY OF.RENTON. CDUNTY OF KING.·STATE OF WASHINGTON.
rAGE 4 0863156
· .
,PARCEL 2 (LOT 4 IN TRACT C):
TRAT PORTION OF THE SOUTHEAST 1/4 OF SECTION 13, TOWNSHIP 23 NORTH, RANGE 4
EAST W.M. AND OF TRACT 25 IN RENTON SHORELANDS SECOND SUPPLEMENTAL, DESCRIBED
AS FOLLOWS:
BEGINNING AT THE' INTERSECTION OF THE EAST LINE OF SAID SOUTHEAST 1/4 WITH THE
NORTH LINE OF THE SOUTH 650.00 FEET THEREOF, SAID NORTH LINE BEING ALSO THE
NORTH LINE OF WASHINGTON TECHNICAL CENTER AS RECORDED IN VOLUME 122 OF PLATS,
PAGES 98 THROUGH 102, RECORDS OF. KING COUNTY;
THENCE NORTH'88°15'00" WEST, . ALONG SAID.NORTH LINE, 1,626.50 FEET TO THE TRUE
POINT OF BEGINNING;
THENCE NORTH 01°45'00" EAST 225.00 FEET;
THENCE ON A CURVE TO THE LEFT WITH A RADIUS OF 853.34 FEET A DISTANCE OF
209.55 FEET;
THENCE NORTH 12°19'12" WEST 140.57 FEET;
THENCE SOUTH 71°22'34" WEST 413.75 FEET;
THENCE SOUTH 31°14'05" WEST 358.99 FEET;
THENCE.SOUTH 47°09'50" EAST.71 .. 33 FEET;
THENCE. EAST 114.27 FEET;
THENCE SOUTH· 68.91 FEET TO SAID NORTH LINE OP THE SOUTH 650.00 FEET OF SECTION
i3'; ,
THENCE SOUTH 88°15'00" EAST, ALONG SAID NORTH LINE, 454.26 FEETTg THE TRUE
POINT OF BE;GINNING;
SITUATE IN THE CITY OF RENTON, COUNTY OF KING" STATE OF WASHINGTON.
PAGE 5 0863156
PARCEL 3 (LOT 6B IN TRACT C):
THAT PORTION OF THE SOUTHEAST 1/4 OP SECTION 13, TOWNSHIP 23 NORTH, RANGE 4
EAST W, M., DESCR I BED AS POLLOWS: .
BEGINNING AT THE SOUTH 1/4 CORNER OP SAID SECTION 13; .
THENCE NORTH 00~58'28" EAST, ALONG THE NORTH-SOUTH CENTERLINE OP SAID SECTION
13, A DISTANCE OF 884.84 PEET TO THE SOUTHEAST CORNER OP TRACT 26 IN RENTON
SHORE LANDS SECOND SUPPLEMENTAL, ACCORDING TO THE UNRECORDED PLAT THEREOP;
THENCE SOUTH 72'37'52" WEST, ALONG THE SOUTH BOUNDARY OP SAID TRACT 26, A
DISTANCE OF 382.60 PEET;
THENCE NORTH 70'54 '02" WEST, ALONG THE SOUTH BOUNDARY OP SAID TRACT 26', A
DISTANCE 'OP 73.51 FEET TO THE EAST LINE OF THE CHARLES BROWNELL DONATION LAND
CLAIM NO. 41;
THENCE NORTH 01'24'04" EAST, ALONG SAID EAST LINE, 498.15 FEET;
THENCE SOUTH 81'11'35" EAST 119.19 PEET TO A POINT ON CURVE HAVING A RADIUS OF
650.00 PEET, THE RADIUS POINT OP WHICH BEARS SOUTH' 52'42'12" EAST;
THENCE NORTHEASTERLY; ALONG SAID CURVE, 1184.66' PEET;
THENCE-NORTH.39'14'15"·EAST 188,85 PEET. TO'THETRUEPOINT OP BEGINNING WHICH
.LIES NORTH 48'55'11" EAST A DISTANCE·OP 835.39 FEET PROM THE RADIUS POINT OF
·THE LAST DE~CRIBED CURVE;
THENCE CONTINUING NORTH 39'14'15" EAST A DISTANCE·Op·264.26 FEET TO A POINT ON
THE SOUTHERLY LINE OF THE BURLINGTON. NORT.!i!"RN RAILROAD RIGHT-OF-WAY', SAID
POINT BEING ON A CURVE HAVING A RADIUS OF 1,165.09 PEET THE RADIUS POINT·OF
WHICH.BEARS SOUTH 39'14'15" WEST; -...
THENCE WESTERLY, ALONG.SAID CURVE.AND SOUTHERLY LINE, 829.08 FEET TO A
COMPOUND CURVE;
·THENCE WESTERLY, ALONG SAID SOUTHERLY LINE ON A CURVE HAVING ·A RADIUS OF
2.814;.93 FEET, A DISTANCE OF. 79.20 FEET;
THENCE SOUTH 01 '24'" 04" WEST 179.12' FEET TO A POINT <iN A NON-TANGENT '835'.39
FOOT CURVE TO THE RIGHT, THE RADIUS POINT OF WHICH BEARS SOUTH 03'45'44" EAST;
THENCE' ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 52'40'55", .AN ARC LENGTH
OF 768.12 FEET TO THE.TRUE POINT OF BEGINNING;
EXCEPT THAT· PORTION LYING WITHIN THAT PORTION OF THE CHARLES BROWNELL DONATION
LAND CLAIM NO. 41, AND OF THE'SOUTHWESr"I14 AND THE 'SOUTHEAST 1/4 OF SECTION'
13, TOWNSHIP 23' NORTH, RANGE 4 EAST W.M., DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTH 1/4 CORNER OF SAID SECTION 13;
THENCE NORTH 00'58'28" EAST, ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION
13, A DISTANCE OP 884.84 FEET TO THE SOUTHEAST CORNER OF TRACT 26 IN RENTON
SHORELANDS SECOND SUPPLEMENTAL;
THENCE SOIITH 72'37 '·52" WEST, ALONG THE' SOUTH BOUNDARY OF SAID TRACT 26, A
DISTANCE OF 382.60 FEET;
THENCE NORTH 70'54'02" WEST, ALONG SAID SOUTH BOUNDARY OF TRACT 26; A DISTANCE
OF 73.51 FEET TO THE EAST LINE OF SAID CHARLES BROWNELL DONATION LAND. CLAIM
NO. 41:
PAGE 6 0863156
..
.--... -.•. ~ ... --.. -• c.~. , ' •. _ ~ ......... _ ........ _.~ ............. __ . ..... • ..,.. ... "_, ... _., ....... _ ..... 0 4. _ ••• "_. " ..... ~_._ ,
THENCE NORTH 01°24'04" EAST, ALONG· SAID EAST LINE OF THE CHARLES BROWNELL
DONATION LAND CLAIM NO. 41, A DISTANCE OF 950.58 FEET TO A LINE 35 PEET
SOUTHERLY OF AND PARALLEL WITH THE CENTERLINE OF THE EXISTING MOST SOUTHERLY
TRACK OF THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD TRACKS AS
DEPICTED ON THAT CERTAIN RECORD OF SURVEY FOR LOT LINE ADJUSTMENT RECORDED
UNDER KING COUNTY RECORDING NO. 8312229001 AND THE TRUE POINT OF BEGINNING;
THENCE WESTERLY, ALONG SAID PARALLEL LINE, ON A CURVE TO THE LEFT THE CENTER
OF WHICH BEARS SOUTH 15°22'32" EAST HAVING A RADIUS OF 2,790.19 FEET,AN ARC
DISTANCE OF 789.44 FEET THROUGH A CENTRAL ANGLE OF 16°12'39" TO A POINT OF
COMPOUND CURVE; .
. THENCE, CONTINUING ALONG SAID PARALLEL LINE, ON A CURVE TO THE LEFT THE
CENTER OF WHICH BEARS SOUTH 31°35'11" EAST HAVING A RADIUS OF 2,580.74 FEET,
AN ARC DISTANCE OF 437.40 FEET THROUGH A CENTRAL ANGLE OF 09°42'39" TO A POINT
OF REVERSE CURVE;
THENCE, CONTINUING ALONG SAID PARALLEL LINE, ON A CURVE TO THE RIGHT THE
CENTER OF WHICH BEARS NORTH 41°17'50" WESTBAVING A RADIUS OF 428.64 FEET, AN
ARC DISTANCE OF 73.32 FEET THROUGH A CENTRAL ANGLE OF 09°48'04" TO A POINT OF
REVERSE CURVE;
THENCE, CONTINUING ALONG SAID PARALLEL LINE, ON A CURVE TO.THE LEFT THE
CENTER OF WHICH BEARS SOUTH 31°29~46" EAST BAVING A RADIUS OF 676·,58 FEET, AN
ARC DISTANCE OF 93.64 FEET THROUGH A CENTRAL ANGLE OF 07°55'47" TO A POINT OF
TANGENCY;
THENCE, CONTINUING ALONG SAID PARALLEL LINE, SOUTH 50°34'27" WEST A·DISTANCE
OF 248.50 PEET TO A POINT OF CURvE; .
THENCE, CONTINUING ·ALONG SAID PARALLEL LINE ,. ON A C.URVE TO THE· LEFT THE .
CENTER OF WHICH BEARS SOUTH 39°25'33" EAST HAVING A RADIUS OF 696.89 FEET,.AN
ARC DISTANCE OF 40.09 FEET THROUGH A CENTRAL ANGLE OF 03°17'45" TOTHE.SOUTH
LINE OF THE BURLINGTON NORTHERN RAILROAD RIGHT-OF-WAY;·
THENCE NORTH 43°49'09" EAST, ALONG SAID SOUTH LINE, A· DISTANCE OF 173.83 FEET
TO A POINT OF CURVE;
THENCE, CONTINUING ALONG SAID SOUTH LINE, ON A CURVE· TO THE RIGHT THE CENTER
OF WHICH BEARS SOUTH .46°10.' 51" EAST BAVING A RADIUS OF 4,030.00 FEET, AN ARC
DISTANCE OF 197.57 FEET THROUGH A CENTRAL ANGLE OF 02°48'32" TO· A POINT OF
COMPOUND CURVE;
THENCE, CONTINUING ALONG SAID SOUTH LINE, ON A CURVE TO THE RH3HT THE CENTER
OF WIIICH BEARS SOUTH 43°22'19" EAST BAVING A RADIUS OF 1,853.00 FEET; AN ARC·
DISTANCE OF 194.75 FEET THROUGH A CENTRAL ANGLE OF 06°01'18" TO A POINT OF
COMPOUND CURVE;
THENCE, CONTINUING ALONG SAID SOUTH LINE, ON A CURVE TO THE RIGHT THE CENTER
OF WHICH BEARS SOUTH 37°21' 01" EAST llAVING A RADIUS OF 10,543.00 FEET, AN ARC
DISTANCE·OF 186.51 FEET THROUGH A CENTRAL ANGLE OF 01°00'49" TO A POINT OF
COMPOUND CURVE;
THENCE, CONTINUING ALONG SAID SOUTH LINE, ON "A CURVE TO THE RIGHT. THE CENTER
OF WlIICH BEARS SOUTH 36°20' 12" EAST HAVING A RADIUS OF 1,657.00 FEET AN ARC
DISTANCE OF 193.93 FEET THROUGH A CENTRAL ANGLE OF 06°42'20" TO A POINT·OF
COMPOUND CURvE;
THENCE, CONTINUING ALONG SAID· SOUTH LINE, ON A CURVE TO THE RIGHT THE CENTER
OF WHICH BEARS SOUTH 29°37'52" EAST HAVING A RADIUS O.F 6,738.00 FEET, AN ARC .
OISTANCE OF 197.76 FEET TlIROUGIi A CENTRAL ANGLE OF 01°40' 54" TO A POINT OF
COMPOUND CURVE;
PAGE 7 08631"56
, .
THENCE, CONTINUING ALONG SAID SOUTH LINE, ON A CURVE TO THE RIGHT THE CENTER
OF WHICH BEARS SOUTH 27°56' 58" EAST HAVING A RADIUS OF 1,768.00 FEET, 'AN ARC
DISTANCE OF 194.45 FEET THROUGH A CENTRAL ANGLE OF 06°18'06" TO A POINT OF
COMPOUND CURVE;
THENCE, CONTINUING ALONG SAID SOUTH LINE, ON A CURVE TO THE RIGHT THE CENTER
OF WHICH BEARS SOUTH 21°30'52" EAST HAVING'A RADIUS OF 0,603.00 FEET, AN ARC
DISTANCE OF 204.54 FEET THROUGH A CENTRAL ANGLE OF 01°21'44" TO A POINT OF
COMPOUND CURVE;
THENCE, CONTINUING ALONG SAID SOUTH LINE, ON A CURVE TO THE RIGHT THE CENTER
OF WHICH BEARS SOUTH 20°17'00" EAsT HAVING A RADIUS OF 1,922.10 FEET, AN ARC
DISTANCE OF 178.79 FEET THROUGH A CENTRAL ANGLE OF 05°19'46" TO A POINT OF
COMPOUND CURVE ON'THE EAST LINE OF SAID CHARLES BROWNELL DONATION LAND CLAIM
NO. 41;
THENCE, CONTINUING ALONG SAID SOUTH LINE, ON A CURVE, TO THE RIGHT THE CENTER
OF WHICH BEARS SOUTH 14°57'22" EAST HAVING A RADIUS OF 2,014.93 FEET, AN ARC
DISTANCE OF 659.42, FEET THROUGH A CENTRAL ANGLE OF 13°25'19" TO A POINT OF
COMPOUND CURVE;
THENCE, CONTINUING ALONG SAID SOUTH LINE, ON A CURVE TO THE RIGHT THE CENTER
OF WHICH BEARS SOUTH 01°32'03" EAST HAVING A RADIUS OF 1,16,5.09 FEET, AN ARC
DISTANCE OF 1,097.05 FEET THROUGH A,CENTRAL ANGLE OF 53°57'00" TO A POINT OF
TANGENCY;
THENCE, CONTINUING AL9NG SAID 'SOUTH, 'LINE SOUTH 37°35'03" EAST A DISTANCE OF
300.70 FEET TO A POINT OF CURVE;
THENCE, CONTINUING ALONG SAID SOUTH LINE, ON'A CURVE TO THE LEFT THE CENTER
OF WHICH BEARS NORTH 52°24'57' EAST HAVING-A RADIUS OF, l,005.37'FEET, AN·ARC
DISTANCE OF 45.02 FEET ,THROUGH A CENTRAL ANGLE OF, 02°36'41" TO A LINE 35 FEET
SOUTHERLY OF AND PARALLEL WITH THE CENTERLINE -OF THE EXISTING MOST SOUTHERLY ,
TRACK OF THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD TRACTS;
THENCE WESTERLY, ALONG SAID PARALLEL LINE, NORTH 40°11' 44" WEST A DISTANCE OF
126.24 FEET TO A POINT OF CURVE;
THENCE, CONTINUING ALONG SAID PARALLEL LINE, ON A CURVE TO THE LEFT THE ,
CENTER OF WHICH BEARS SOUTH 49°40'16" WEST HAVING A RADIUS OF 1,829.78 FEET,
AN ARC DISTANCE OF 309.67 FEET THROUGH A CENTRAL ANGLE OF 09°41'48";
THENCE NORTH 49°53'32" WEST, ALONG SAID PARALLEL LINE, A DISTANCE OF 167.07
FEET TO A POINT OF CURVE;
THENCE, CONTINUING ALONG SAID PARALLEL LINE, ON A CURVE TO THE LEFT THE
CENTER OF WHICH BEARS SOUTH 40°06'20" WEST HAVING A RADIUS OF 1,102.46 FEET,
AN ARC DISTANCE OF 007,11 FEET THROUGH A CENTRAL ANGLE OF 41°56'46" TO A POINT
OF COMPOUND CURVE;
THENCE, CONTINUING ALONG SAID PARALLEL LINE, ON A CURVE TO THE LEFT THE
CENTER OF WHICH BEARS SOUTH 01°50'18" EAST HAVING A RADIUS OF 2,790.19 FEET,
AN ARC DISTANCE OF 659.24 FEET THROUGH A CENTRAL ANGLE OF 13°32'14" TO THE
TRUE POINT OF BEGINNING OF TIllS EXCEPTION;
(ALSO BEING KNOWN AS ADJUSTED LOT 1 IN CITY OF RENTON LOT LINE ADJUSTMENT NO.
LUA-92-070LLA, RECORDED UNDER KING COUNTY RECORDING NO, 9205219005);
SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON, '
PAGE 8 0863J56
"
,.': ;'-'.'111lY-13-94 FRI 11:50 FIRST CITY FAX NO, 2063829152 P.03
~i8 is that J/'!n1; AmeIIdMnC to that aa1'ta:1n Mal. btato
Purahue .. SlUe ~eaaent dated as Of 1llU0il. .31, .1.994 (tlae .~ ..
.\graEllllmlt") i/etWDIUI I'Uft CDr 11188 tlllAUil, ZlIIC., a wallllingun
aorporaticm (DSallar-), and 'rill CDY ,. 1II/faIf, a waabJ.JIqt:Im.
lIWn;l.oi~l. oOqICIZ'atiClft ("~IIZ'.). Sall.e eel ~Z' agna a.
toUan.
1.' City Counqil ~rpyal. ~Z' !seer wive. the
oon1l:lJllJOJlOlf •• t forth PlinIJ1'llPh 12.1(11) of tha ~.
Agneaent. "
2. MaW APRn"DL. ilU'Chuc IIhall have Wltil .::runa 23, 1994
to aa1:.1aty hfthalleZ"4I c:olltinq8llgy sat fol1:h in hZ'Ilqnp 12.1(&)
of tlIe PIU:~ee "U1eat.
3. Seller'. cPlltingong' SelleZ' '*-l.1 have UDt1l .TWIa 23,
19114 tel aaUsfr sellar'. oont.: 9em:IY set foxth in JUIIV%'IlpA 12.2 of
t!1a ParClhaaa Al;p:'OOlllallt. .
4. Closing pna. ~ aloain; ute in Paft~ G ot the
~ae AlJp:allDDant abal.1 lie ~"ocl 1:0 ten (10) days aftel' 'tlla
I'.'8IIOVal of all AmlIininq continpncliulI, ~ Us allY 4VeJSt not late
thell .7\lII. :10, :1.994.
5. lS1Bfll,llnagua. Bxaept: a. apecJ,f;l.aaUJ aocI1f~d' ~
1SU21d~ lJy tl1 • Avrll8lllet\t, allot the tazu IUlCl Pl'OII'iaiOJlll ot the
PI11'Ch.. Al;nealUlt 8hall Z'IIIIIaUs \lnQtwIgIIcl aD4 1JI Ml farae aJI4
etfoet: eel lU:a heMr ratUie4 by til. pant •••
~ at of Kay 15, le94.
B1LL11tr
J'lUIl C3I WloInIDIQfOzr, Da., a wum1n9t=
corporat1o
By._!.4.1¥L.l~~.::;;;:==~:::':""_
ttGl~r-~~~ ____ ~~ ____ _
~~~~~~==~--It.~. __ ~~~'~~_~ ___ I_~_~_~ ________ __
-94 FRI 11: 50 F I RSf C I1'V FAX NO. 2063829752 P.04
,
A"-lItll • ,
•
·10
.-
REAL ESTATE PURCHASE AND SALE AGREEMENT
This Agreement is between ALPER NORTHWEST, INC., a Washington
corporation ("Seller"), and THE CITY OF RENTON, a Washington
municipal corporation ("Purchaser"), and is made for the purpose of
purchase and sale of the following described real property.
, .
In consideration of the covenants and agreements hereinafter
made, the parties agree as follows:
1 . Description of Property. Purchaser agrees to purchase
from Seller, and Seller agrees to sell unto Purchaser, the
following described unimproved real property, which is commonly
known as the Tract A Remainder of Blackriver Corporate Park,
Renton, King County, Washington, and referred to in this Agreement
as "the Premises."
See legal description attached hereto as Exhibit "A"
2. Purchase Price. The purchase
Four Hundred Fifty Nine Thousand
($1,459,053.00), payable in cash at time of
is One
Three
price
Fifty
closing.
Million
Dollars
3. Title. Title to the Premises shall be free of
encumbrances or defects except as set forth in Schedule B to
Transnation Title Insurance Company's Commitment for Title
Insurance, Order No. 865368, dated May 2, 1996. However, title
exceptions 1 through 7, 21, 26 and 29 through 37 shall be removed.
Seller agrees to furnish and deliver to Purchaser a standard form
of policy of title insurance issued by Transnation Title Insurance
Company. The Purchaser acknowledges receipt of the above-mentioned
Commitment for title insurance. If this Agreement terminates for
any reason, Purchaser shall pay any cancellation fee for the
respective commitments or policies. The title policy to be issued
shall contain no exceptions other than the exceptions noted in this
paragraph. If title is not so insurable as above provided and
cannot be made so insurable by the termination date set forth in
paragraph 6 below, unless otherwise agreed by the parties, . this
Agreement shall terminate and thereafter neither party shall have
any obligations or liabilities hereunder.
4. Conveyance. Transfer of Seller's interest in the
Premises shall be by Statutory Warranty Deed.
REAL EST ATE PURCHASE AND SALES AGREEMENT -I
5 . Prorations. Taxes for the current year,
cost-sharing assessments, water and other utilities
liens on the Premises shall be prorated as of the date
common area
constituting
of closing.
6. Closing. This purchase and sale transaction shall be
closed in the office of Transnation Title Insurance Company in
Seattle, Washington ("Closing Agent") within ten (10) days after
removal of all contingencies, but in any event no later than August
31, 1996, which shall be the termination date of this Agreement.
The parties will deposit in escrow with the Closing Agent all
instruments and moneys necessary to complete this purchase and sale
transaction in accordance with this Agreement. The cost of escrow
shall be paid one-half (1/2) each by the parties. Seller shall pay
the real estate excise tax and the premium for a standard owner's
policy of title insurance. Purchaser shall pay the recording fees
and all costs and expenses normally attributable to the Purchaser.
7. Possession. Seller shall deliver possession of the
Premises to Purchaser on date of closing.
8. Condition of Property. Purchaser has inspected the
Premises and agrees to accept the Premises in its present
condition, "as is", subject to receipt by Purchaser of a Level I
environmental assessment acceptable to Purchaser. Purchaser agrees
and acknowledges that Seller makes no representations or warranties
with respect to the physical condition of the Premises, or with
respect to the presence of any environmentally hazardous substances
on or under the Premises and that the Premises and Tract B of
Blackriver Corporate Park (see legal description attached hereto as
Exhibit "B") are subject to that Indemnity Agreement between the
parties dated November 21, 1991.
9. Default.
9.1 If either party defaults in the performance of its
obligations under this Agreement, the non-defaulting party may seek
specific performance pursuant to the terms of this Agreement,
damages, or rescission. Purchaser is purchasing the Premises in
its proprietary capacity not its governmental capacity and
therefore sovereign immunity does not apply to the enforcement of
this Agreement.
9.2 The non-defaulting party shall be
recover its costs and reasonable attorneys' fees
counsel is retained as a result of such default.
REAL EST ATE PURCHASE AND SALES AGREEMENT - 2
entitled to
in the event
10. Miscellaneous. There are no verbal or other agreements
which modify or affect this Agreement. Time is of the essence of
this Agreement. Purchaser has not consulted with, nor discovered
the respective parcel through the use of a Realtor or other agent
and there are no finders' fees or commissions due upon this
transaction. If Purchaser elects not to purchase the Premises,
Purchaser will provide Seller with a copy of any appraisal,
environmental report, or other report or study of the Premises
performed by or for Purchaser. Facsimile transmission of any
signed original document, and retransmission of any signed
facsimile transmission, shall be the same as transmission 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. Notices given under this Agreement
shall be in writing and shall be delivered personally with written
receipt therefor, sent by certified mail, return receipt requested,
or sent via telecopier to the following addresses:
SELLER:
Alper
Attn:
Suite
Northwest, Inc.
Dean R. Erickson, Vice
6000, 700 Fifth Avenue
Seattle, Washington 98104
Telecopy No. (206) 382-9752
PURCHASER:
City of Renton
President
Attn: Lawrence J. Warren, City Attorney
P.O. Box 626
Renton, Washington 98057
Telecopy No. (206) 255-5474
Notices or other communications sent by mail shall be deemed to be
given three (3) days after being deposited in the mail, posta~e
prepaid. Notices or other communications sent via telecopier shall
be deemed to be given when actually received, or if received on a
weekend, legal holiday, or after 5:00 P.M. (local time where
received) on a business day, on the next business day. For
purposes of this paragraph, a "business day" shall mean a week day
(i.e. Monday through Friday) other than a state or national legal
holiday observed by the receiving party.
REAL ESTATE PURCHASE AND SALES AGREEMENT· 3
11. Residency of Seller.
that Seller is not a foreign
foreign trust or foreign estate.
12. Contingencies.
Seller warrants to Closing Agent
corporation, foreign partnership,
12.1 The obligations of the Purchaser under this
Agreement are contingent upon the occurrence of the following on or
before August 15, 1996, except contingencies d and e must have
occurred prior to August 1, 1996.
a. Approval by the King County Council to reallocate
existing funds from other City of Renton open space projects to the
Black River Forest Tract A Project;
b. Approval by the King County Council of a minimum
Conservation Futures grant of Four Hundred Fifty ThousanQ Dollars
($450,000.00) ;
c. Approval by the City Council of the City of Renton
of the execution of this Agreement and authorization to close this
transaction;
d. Receipt of an appraisal of the subject property in
the amount of at least One Million Four Hundred Fifty Nine Thousand
Fifty Three Dollars ($1,459,053.00), which appraisal shall be
obtained by Purchaser at Purchaser's sole cost and expense;
e. Receipt of a Level I environmental assessment
acceptable to Purchaser, which assessment shall be obtained by
Purchaser at Purchaser's sole cost and expense; and
f. Approval of an lAC grant in the sum of not less than
Sixty Thousand Dollars ($60,000.00).
12.2 The obligations of the Seller under this Agreement
are contingent upon the approval, on or before August 15, 1996, by
the Board of Directors of Seller of the execution 'and performance
of this Agreement.
13. Additional Terms. The Purchaser and the Seller agree to
the following additional terms. The Purchaser will:
a. Support the reasonable development proposals
submitted by Alper Northwest, Inc. for the Tract Band Rivertech
parcels (see legal description and sketch depicting locations
attached hereto as Exhibits "C" and "0", respectively);
REAL ESTATE PURCHASE AND SALES'AGREEMENT - 4
b. Grant Alper Northwest, Inc. those permanent utility
easements on and across the Tract A Remainder property and other
portions of the City-owned Black River Forest as may be reasonably
necessary or desired for development of the Rivertech and Tract B
parcels and in locations which do not unreasonably interfere with
the development possibilities of the Tract A Remainder property;
c. Grant Alper Northwest, Inc. the opportunity to
transfer mitigation credits from Tract A to Tract Band Rivertech
parcels to mitigate impacts to wetlands, wildlife habitat, open
space and other sensitive areas which may be occasioned by the
development of the Rivertech and Black River Tract B parcels or,
with Purchaser's approval, which approval will not be unreasonably INITIAL withheld, impacts of other development by Alper Northwest, Inc. ~ocated in the City of Renton within a three mile radius of the
Tract~ Remainder property; and
It.
d. Grant Alper Northwest, Inc. those rights of entry or
easements necessary to perform the work required under items band
c above.
Purchaser's obligations to grant such mitigation
transfers, rights of entry and easements shall survive closing for
a period of ten (~O) years. For purposes of this Paragraph ~3,
Alper Northwest, Inc. shall include its subsidiaries and any
partnerships or other entities in which Alper Northwest, Inc. has
an ownership interest.
The Seller will:
a. Payoff in full at closing, including interest and
penalties, Local Improvement District Account 332-ICC associated
with the Tract A Remainder property; and
b. Pay current at
penalties, Local Improvement
with the Tract B parcel.
closing, including interest and
District Account 332-IB associated
14. Al2l2 i g n mfl nt , This Agreement is not assignable
Purchaser or Seller without the express written consent of
other party to this Agreement, which consent will not
unreasonable withheld.
15. Governing Law. This
interpreted under and shall
respects according to the laws
Agreement shall be construed
be governed and enforced in
of the state of Washington.
REAL ESTATE PURCHASE AND SALES AGREEMENT - 5
by
the
be
and
all
16. Oral Agreements and Representations. There are no oral
or other agreements, including but not limited to, any
representations or warranties, which modify or affect this
Agreement. Seller shall not be bound by, nor liable for, any
warranties or other representations regarding the Premises unless
such representations and warranties are set forth in a written
instrument duly executed by Seller.
DATED this ~ day of
SELLER
ALPER NORTHWEST, INC.,
a Washington corporation,
Its Vice President
OIIAoi It. ~'~.1
CITY 14:39: 7/16/96:as.
____ ~~p~~~_'-------' 1996.
PURCHASER
THE CITY OF RENTON, a washington
municipal corporation,
By 2----::T..._..... -
Mayor Jesse Tanner
Date: (!;«Lf 0?2, 1"9t,
A~ ~YnJ. Petersen
Date: _~-fl!~~~1.£R.~I_/r-:qL9LL." ___ _
APPROVED AS TO LEGAL FORM:
£~~~Q1_,
Lawrence J. Warren, City Attorney
REAL ESTATE PURCHASE AND SALES AGREEMENT - 6
EXHIBIT "A"
TO
REAL ESTATE PURCHASE AND SALE AGREEMENT
LEGAL DESCRIPTION
TRACT A REMAINDER, BLACKRIVER CORPORATE PARK
RENTON, WASHINGTON
LOT 1 OF CITY OF RENTON LOT LINE ADJUSTMENT NO. LUA-92-069LLA ACCORDING TO
THE MAP THEREOF RECORDED UNDER KING COUNlY RECORDING NO. 9205219004;
SITUATE IN THE CITY OF RENTON, COUNlY OF KING, STATE OF WASHINGTON.
EXHmIT "B"
TO
REAL ESTATE PURCHASE AND SALE AGREEMENT
LEGAL DESCRIPTION
TRACT B PARCEL, BLACKRIVER CORPORATE PARK
RENTON, WASHINGTON
THAT PORTION OF TRACT B, WASI-UNGTON TECHNICAL CENTER, AS RECORDED IN
VOLUME 122 OF PLATS, PAGES 98 THROUGH 102, RECORDS OF KING COUNTY,
WASI-UNGTON, LYING NORTHERLY OF SOUTIlWEST 7TI1 STREET AS DEEDED TO THE CITY
OF RENTON BY DEED FILED UNDER RECORDER'S NO. 8702100643, AND WESTERLY OF
NACHES AVENUE SOUTIlWEST AS DEEDED TO THE CITY OF RENTON BY DEED FILED
UNDER RECORDER'S NO. 8702100644, RECORDS OF SAID COUNTY.
, .
. EXHIBIT "C"
TO
REAL ESTATE PURCHASE AND SALE AGREEMENT
LEGAL DESCRIPTION
RIVERTECH PARCEL (LOT 1)
RENTON, WASHINGTON
TIlAT PORTION OF TIlE SOUTIlEAST V. OF SECTION 13, TOWNSHIP 23 NORm, RANGE 4
EAST W.M. AND TIlE SOUTHEWEST V. OF SECTION 18, TOWNSHIP 23 NORm, RANGE 5
EAST W.M., DESCRIBED AS FOLLOWS:
BEGINNING AT TIlE INTERSECTION OF TIlE EAST LINE OF SAID SOUTIlEAST V. WlTIi TIlE
NORTII LINE OF TIlE SOUTH 650.00 FEET TIlEREOF, SAID NORTII LINE BEING ALSO TIlE
NORTII LINE OF WASHINGTON TECHNICAL CENTER, AS PER PLAT RECORDED IN
VOLUME 122 OF PLATS, PAGES 98 TIIROUGH 102, RECORDS OF KING COUNTI;
TIlENCE NORTII 88 DEGREES 15 MINUTES 00 SECONDS WEST ALONG SAID NORTII LINE
1099.78 FEET;
TIlENCE NORTII 01 DEGREES 45 MINUTES 00 SECONDS EAST 418.89 FEET TO A POINT ON
TIlE SOUTIffiRLY LINE OF TIlE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC
RAILROAD RIGHT-OF-WAY SAID POINT BEING ON A CURVE WlTIi A RADIUS OF 1005.37
FEET, TIlE RADIUS OF WHICH BEARS NORTIl38 DEGREES 15 MINUTES 05 SECONDS EAST;
TIlENCE SOUTIffiASTERL Y ALONG SAID CURVE AND SOUTIffiRL Y LINE 346.30 FEET;
TIlENCE SOUTH 71 DEGREES 29 MINUTES 03 SECONDS EAST ALONG SAID SOUTIffiRL Y
LINE 912.08 FEET TO TIlE NORTII LINE OF TIlE SOUTH 650.00 FEET OF TIlE SOUTIlWEST V.
OF TIlE SOUTIlWEST V. OF SAID SECTION 18;
TIlENCE NORTII 89 DEGREES 10 MINUTES 25 SECONDS WEST ALONG SAID NORTII LINE
81.57 FEET TO TIlE POINT OF BEGlNNlNG;
SITUATE IN TIlE CITY OF RENTON, COUNTI OF KING, STATE OF WASHINGTON.
~
TRAer A
REMAINDER
EXHIBIT "0"
ro
REAL ESTATE WOCHASE AND SALE AGREEMENI'
~ 4JGI\
TRACT B --------"
BLACKRIVER
CORPORATE PARK
1Wn0lt. -.....0 ..
RIVERl'EI:H PARCE
G"j).O~ 'f'Jj).~
MASTERPLAN
·l
ADDENDUM TO REAL ESTATE PURCHASE AND SALES AGREEMENT
WHEREAS, ALPER NORTHWEST, INC., a Washington corporation
("Seller"), and THE CITY OF RENTON, a Washington municipal
corporation ("Purchaser"), have previously entered into a Real
Estate Purchase and Sales Agreement for property generally known as
Tract A Remainder of the Black River Corporate Park; and
WHEREAS, the parties wish to amend certain portions of that
agreement;
NOW, THEREFORE, the parties agree as follows:
1. Paragraph 6 on page 2 of this agreement is hereby amended
to extend the date for closing to September 9, 1996.
2. Contingency dates listed in paragraphs 12.1 and 12.2 on
page 4 of this agreement not otherwise waived in this document are
hereby extended to August 3D, 1996.
3. Contingencies 12.1.d, e and f are hereby waived.
DATED this ~ day of ~ , 1996.
SELLER
ALPER NORTHWEST, INC.,
By
Its
By
Its Vice President
Da te : ~~=..:...j'I---'-'\~'-I'I-\_~t\_lo-=--_
ADDENDUM TO REAL EST ATE PURCHASE
AND SALES AGREEMENT -Page 1
PURCHASER
THE CITY OF RENTON, a Washington
municipal corporation,
By _~-AE.:4~ •• ~""'~..J;;::::~;~,~. ~''''''~'~A~~:::'' __ ~r Jesse Tanner
C· Y erk
Date: i'huPu!'..-r I~, /91 (,
CITY14:54:8/06/96:as.
ADDENDUM TO REAL EST ATE PURCHASE
AND SALES AGREEMENT -Page 2
ED AS TO LEGAL FORM:
Date :_'3"!::-~....:...( _-q....:......:.~ _____ _