HomeMy WebLinkAbout20171220001180 ,•
6175'
CVV TITLE
After recording return document to:
City Clerk 11011111111111
1111111111111111111 III II
City of Renton
1055 S. Grady Way 120171 20001180
Renton, WA 98057-3232 MISCELLANEOUS Rec:$82.00
12/20/2017 3:31 PM
I KING COUNTY,WA
DOCUMENT TITLE:
Right of First Refusal
REFERENCE NO. OF DOCUMENT(S) ASSIGNED OR RELEASED:
N/A
GRANTOR(S):
1. Gregory M. Fawcett
2. Sabra S. Fawcett
3. George A. Fawcett
GRANTEE(S):
1. City of Renton, a Washington municipal corporation
ABBREVIATED LEGAL DESCRIPTION:
Lot 1 of City of Renton Lot Line Adjustment No. LUA-17-000470, Rec. No. 20171130900003,
Rcds. of King County, WA.
ADDITIONAL LEGAL DESCRIPTION ON PAGE(S):
Exhibit 'A' (Page 9)
ASSESSOR'S TAX PARCEL NO(S):
3224059081 X not yet assigned/segregated
RIGHT OF FIRST REFUSAL
This Right of First Refusal, dated 0-0,4,o1 b r 1 9 VI , 2017 , is made by and
between Gregory M. Fawcett and Sabra S. Fawcett, husband and wife and George A. Fawcett,
as his separate estate, as their interests may appear of record (collectively, "Grantor") and the
City of Renton, a Washington Municipal corporation ("Grantee").
1. Grant of Right of First Refusal: Grantor and Grantee entered into that certain
Purchase and Sale Agreement dated April 21, 2016, amended on June 27, 2016, November 1,
2016, and June 5, 2017(the "Agreement"). Pursuant to paragraph 1.5 of the Agreement,Grantor
grants a Right of First Refusal("ROFR")to Grantee to purchase Grantor's real property,commonly
known as Lot 1 of City of Renton Lot Line Adjustment No. LUA-17-000470, as recorded under King
County Recording No. 20171130900003("Grantor's Property"), subject to the terms and
conditions set forth herein.
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A. The ROFR granted herein and this instrument shall automatically expire and
be of no further force or effect on the date that a certificate of occupancy,or equivalent, is issued
for a single family residence on Grantor's Property ("ROFR Expiration Date"). Upon Grantor's
request following the ROFR Expiration Date, Grantee shall execute, acknowledge and deliver to
Grantor for recordation an instrument terminating this Right of First Refusal agreement in form
and content satisfactory to Grantor.
B. Prior to the ROFR Expiration Date, Grantor shall notify Grantee in writing of
any intent to sell Grantor's Property at least thirty (30) days before Grantor's Property is
advertised for sale, which notice shall contain the proposed purchase price and terms on which
Grantor intends to market Grantor's Property ("Sale Notice").
(1) Grantee shall have the right to elect to purchase Grantor's Property on the
same terms and conditions as the Sale Notice, which right must be
exercised if at all by written notice given by Grantee to Grantor on or
before the expiration of thirty (30) days after Grantee's receipt of the Sale
Notice.
(2) If such notice is timely given, and Grantee elects to purchase Grantor's
Property,then it shall be bound to purchase and Grantor shall be bound to
sell Grantor's Property to Grantee under the terms of the Sale Notice.
(3) If Grantee does not timely give such notice,then Grantor is free to market
Grantor's Property to third parties.
C. Prior to the ROFR Expiration Date, if Grantor receives an offer from a third
party (the "Third Party")to purchase Grantor's Property, which offer is acceptable to Grantor, or
Grantor's successor in interest, Grantor, prior to accepting such offer, shall give a copy of said
offer, including the name of the Third Party, to Grantee ("Offer Notice").
(1) Grantee shall have the first right of refusal for a period of thirty (30) days
after receipt of such Offer Notice to elect to purchase Grantor's Property
on the same or better terms than the Third Party's offer. Grantee shall
exercise such right of first refusal, if at all, by written notice given by
Grantee to Grantor on or before such thirty(30) day deadline (the "Option
Exercise Notice").
(2) If the Option Exercise Notice is timely given, Grantee shall be bound to
purchase and Grantor shall be bound to sell Grantor's Property to Grantee
under the terms of the Offer Notice, or such better terms as specified by
Grantee in the Option Exercise Notice.
(3) If Grantee does not timely give an Option Exercise Notice, Grantor shall be
free to sell Grantor's Property free and clear of Grantee's option to
purchase.
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2. Covenant Running With Land: The rights contained within this Right of First Refusal
shall run with the land and inure to, and be for the benefit of, Grantor and Grantee, their
successors and assigns.
3. Notice: Grantor's address is PO Box 402, Fall City, WA 98024, and Grantee's
address is City of Renton, Community Services Department, 1055 S. Grady Way, Renton, WA
98057-3232. Either party may serve written notice of a change of address with the other. All
notices shall be sent by certified mail, return receipt requested,to the addresses provided in this
paragraph and shall be deemed given when placed in the United States Postal Service mail.
4. Attorneys' Fees: In the event of any litigation, arbitration or other proceeding
arising out of or brought to enforce or interpret this Right of First Refusal, the substantially
prevailing party therein shall be entitled to an award of its reasonable attorneys' fees and costs
incurred therein, in the preparation therefor, and on any appeal or rehearing thereof.
5. Governing Law: This Right of First Refusal shall be governed by and construed in
accordance with the laws of the State of Washington.
�.. IN WITA�ESS WHER OF, said Grantor has caused this instrument to be executed this� day of kJtQ t n bv. , 201 .
GRANTORS:
Gregory Fawcett
Sabra S. Fawcett
��se�h� Cec231
George A. Fawcett
GRANTEE:
CITY OF RENTON, a Washington municipal corporation
By: at41
Denis Law, Mayor
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Attest Approved as to Legal Form
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Jaso A. Seth Shane A. Moloney
City lerk Renton City Attorney
;1 of
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STATE OF WASHINGTON )
) SS
COUNTY OF -
On this day of bi,(1/1'QI' , 20 )7 , before me, the undersigned, a
Notary Public in and for the State of Washington, duly commissioned and sworn,
personally appeared GREGORY M. FAWCETT to me known to be the person(s)who executed the
within and foregoing instrument, and acknowledged said instrument to be his free and voluntary
act and deed for the uses and purposes therein mentioned.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year
first above written.
RAINS E.THOMPSON
NOTARY PUBLIC
(72-
STATE OF WASHINGTON
COMMISSION EXPIRES ` (Signat e of Notary)
APRll_19,2020 A. 11165179,0-1
(Print or stamp name of Notary)
NOTARY PUBLIC in and for the St}��tte� of
Washington, residing at c•fR �
My Appointment Expires: t~/"/' w22
Notary seal,text and all notations must be Inside 1"margins
5
STATE OF WASHINGTON )
) SS
COUNTY OF 1 )
On this I LI day of ,1,t1)1,6 , 20 �7 , before me, the undersigned, a
Notary Public in and for the State of Washington, duly commissioned and sworn,
personally appeared SABRA S. FAWCETT, to me known to be the person(s) who executed the
within and foregoing instrument,and acknowledged said instrument to be her free and voluntary
act and deed for the uses and purposes therein mentioned.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year
first above written.
RAINE E.THOMPSON
NOTARY PUBLIC
STATE OF WASHINGTON (Signature of otary)
COMMISSION EXflIRE$
APRIL 19,2020
(Print or stamp name of Nota y)
NOTARY PUBLIC in and for the State of
Washington, residing at , QitG/te,
My Appointment Expires:
Notary seal,text and all notations must be inside 1"margins
6
STATE OF WASHINGTON
) SS
COUNTY OF 1011
On this 111 day of OUVfl1E9"-'( , 201 , before me,the undersigned, a
Notary Public in and for the State of Washington, duly commissioned and sworn,
personally appeared GEORGE A. FAWCETT, to me known to be the person who executed the
within and foregoing instrument, and acknowledged said instrument to be his free and voluntary
act and deed for the uses and purposes therein mentioned.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year
first above written.
,a,,.�.........
RAINE E.THOMPSON
NOTARY PUBLIC STATE OF WASHINGTON (Signatui e of Notary)
'COMMIS;S.IOf EXPIRES 72414L 7-h ins691
APRI L 19,2020
(Print or stamp name of Notary)
NOTARY PUBLIC in and for the State of
Washington, residing at SeQ'. 1.e-
My Appointment Expires: 1/-0 2016
Notary seal,text and all notations must be inside 1"margins
STATE OF WASHINGTON
) SS
COUNTY OF K( y
On this ) 7 day of De0e.i1 14,-, , 20/7 , before me,the undersigned, a
Notary Public in and for the State of Washington, duly commissioned and sworn,
personally appeared DENIS LAW to me known to be the person(s)who signed as THE MAYOR of
CITY OF RENTON, the Washington municipal corporation that executed the within and
foregoing instrument, and acknowledged said instrument to be his free and voluntary act and
deed and the free and voluntary act and deed of said Washington municipal corporation for the
uses and purposes therein mentioned; and on oath stated that he was authorized to execute the
said instrument on behalf of said Washington municipal corporation.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year
first above written.
`of`\`����������� III
0� J, Fof Not
,f �y, ��Signature ry)
�ysioNFa,, .p i actykdre-J� VVP.tY
.. . (Pent or stamp name of Notary)
' 'yj\ �,,s, g ,�O I TARY PUBLIC in and for the State of
//j, Op WASr��GAUashington, residing at ReirlicRA-
My Appointment Expires: -1 I- 7
Notary seal,text and all notations must be inside 1"margins
• 8
Exhibit 'A'
Legal Description of Grantor's Property
LOT 1 OF CITY OF RENTON LOT LINE ADJUSTMENT FILE NO. LUA-17-000470, RECORDED ON THE
30TH DAY OF NOVEMBER 2017, UNDER RECORDING NO. 20171130900003.
SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON.
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