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Home My WebLink AboutD 4204861 •:.4,,.. OD(3117 (J 9 o48st �• q:7 . • TRE. GRANTOR CITY OF RENTON, a municipal corporation dor.and '�� in consideration of ORE. HUNDRED FORTY ($140.00) Dollars con quitclaims to JESSIE CLt LIN, a widow, the following described real. .F . gestate, situated in the County of King, State of Washington; , . IR` "Lot 17, Bleck 2, Morgan's Grand.View Addition to Renton, ' according to plat thereof recorded in volume 18 of plats, A page. 74,. records of -King County, Washington." O -"'`. 1.'„,,." DAM,-this 13th day of NOVEMBER , 1951. M -'��:: - -:_ _ _ _ /, C. .. --<-1:~-1t��y� (Seal) / a-l-ey-Creek- t --G k Dorothea S. Ge:eest, Deputy City Clericuiu, 4 •r � L -,..../ -t- 12- _ �. (Seal) - Joe R. Bax er, Mayor - - • a... S,,, a lish }` STATE DF WASRINbT6N ) , Ss. COUNTY OF KING ) - `- On this 13th day of November, 1951, personally appeared A, ,% :otn-' .i. Go,,ett. Deputy. city ;lark v Joe R. Baxter , Mayor, and Wil-ery- cook -6eareiar7, - f•.• mat respectively, of the CITY 0-F, RENTON, a municipal corporation. the °cr- _ __• • Y poration that, executed the foregoing instrument, and acknowledged said instrument to be the free ane voluntai'c act and deed of said_corpoFa- tion, for the uses and purposes therein mentioned, and on oath stated f that they were authorized to execute the said inatrinnent and that the ,-, . seal affixed is the corporate seal of said corporation. n s IN WITNESS wHERECF, I have hereunto set my hand and affixed sy offidial seal the day mild year first aibou4 tirritten.' . / . 2 ' r 44 �t-id .1. • •., *1�y 'T1. p n .. °r '11. _ . ',t Ito of Washi ng.t�as►, resl3LAg at•RIM tra•::. -,c- z L . :Pyre, .... A .....t_.� T.A LIEN if ' '' �1 .'4 P - , +4 _ t. :1 'llf.M '" +"• -'i"'., •..69.I .'. 4. . ::::, ars,~-u.• .�n;. ;i/ ,,Aer t"rue ' "ti 43'x' 1 .7:-7.4:..,...».4-..::.:;.......,;,*--- �,jy,1i..j«.t...,4�'!`d."{!k"_�-.►::. �f'n ,--t. ....aeb - A , T • �i r . QIP CITY OF RENTON Finance Department Earl Clymer, Mayor July 5, 1990 King County Records & Elections Room 311 King County Administrative Building Seattle, WA 98104 RE: Request for copy of recorded document #4204861 Dear Sirs: Please send us a copy of a deed (recording #4204861) from the City of Renton to Jesse Clulow, 615 High Street, Renton, Washington. Please bill our customer account #470300028 for any fees. If you have any questions, please do not hesitate to call. Sincerely, ?/),"(:(1-fr j)rGree--A-- Marilyn J. P rsen, CMC City Clerk MJP:rjs `7 „too City Clerk's Office - 235-2501 200 Mill Avenue South - Renton, Washington 98055 King County Records and Elections Division Records Sect ion Department of Executive Administration CIT 311 King County Administrdtion Building Y OF RENTOR Seattle, Washington 98104 (206)296-1570 JUL 1990 RECEIVED CITY CLERK'S OFFICE nr. rr.Corm S F " A.�C _ C-0?)/ off•eeot -bL t- o". cel ave soy'c-y , L�-t --E/e_ Ct✓cocots 0e/fact 01.evt is Ublz -63 access awl y CAA stovhec a.ccou.A -t 5 a.exj w (A)0 LA Id. Of eVeCk a-te- 1r- rcu wo tkiJ sett �. e� lc o� �. -dee. A S S ( ) Other: Any questions, please call 2°6-1536. • rrr✓ CITY OF RENTON MEMORANDUM DATE: July 10, 1990 TO: Arlene Haight, Property Management Specialist, Customer Services Division, Public Works FROM: Marilyn J. Petersen, City Clerk SUBJECT: Deed #4204861--Jessie Clulow Arlene, attached please find two copies of the requested deed #4204861 regarding Jessie Clulow. MEM:rjs CITY OF RENTON wiLL "" Office of the City Attorney Earl Clymer, Mayor CITY Ck. July 10, 1990JUL RECEIVED TO: Lynn Guttmann, Public Works Director clTrCLERK'SC� �cc: FROM: Lawrence J. Warren, City Attorney RE : 10 Ft. Alley Extending Through Block 2 Plat of Morgan' s Grand View Addition - Lux and Clulow Dear Lynn: Apparently the City of Renton came into title to two parcels of land that constituted portions of Block 2 of the Plat of Morgan' s Grand View Addition. One parcel was Lot #17 , and the other was a 10 ft. strip running down the middle between various lots . The city was approached to sell Lot #17 . The city council ordinance authorizing the sale refers only to Lot #17 , as does the deed. However, the real estate excise tax affidavit discusses both Lot #17 and the 10 ft . strip. You then inquire as to the legal status of the 10 ft . strip. You also note that the original deed to the city of the 10 ft. strip dedicated it as a public thoroughfare and that upon the abandonment of its use as a public thoroughfare the title to said real estate would revert and vest back to the grantor. The parties adjoining the 10 ft. strip have apparently been paying taxes on it, and now both the Lux' s and Clulow' s claim title. The excise tax affidavit is not a legal conveyance . Even if it was , it would be of questionable validity as the city council authorized the conveyance of only Lot #17 . The actual conveyancing document, the Quit Claim Deed of November 13 , 1951 , refers only to Lot #17 . Therefore, only Lot #17 has been conveyed, and the city has not lost title to the 10 ft. section due to the 1951 sale to Jessie Clulow. The effect of the reversionary clause is somewhat more difficult. It could be argued that the city has never opened the thoroughfare and that it has therefore not abandoned its use. Abandonment is largely determined by the objective manifestation of intent to abandon and long non-usage of the parcel can constitute such overt manifestation of intent to abandon as to result in the abandonment. It would appear to me that failure to use a portion of the 10 ft. strip of land from 1910 to 1990 is probably adequate manifestation of intent to abandon the use as a public thoroughfare, and that the unused portion of that 10 ft . has now Post Office Box 626 - 100 S 2nd Street-Renton, Washington 98057 - (206) 255-8678 Lynn Guttmann, Public Works Director July 10, 1990 Page 2 reverted to the original grantor or his successors in interest. However, the portion that has been open and used has not been abandoned and the city would appear to have title to that property. The Lux' s border on the portion of the 10 ft . being used and complain that they have paid taxes on it for a period of time . Their relief should be through the county tax assessor and not through the City of Renton. They can file a claim for back taxes paid, for the period permitted by statute, and receive a refund if the county agrees that the title to the 10 ft. has remained in the City of Renton. I have attached a copy of your original letter of inquiry with the various dates and descriptions attached to it to make it easier to follow this response . I have chosen not to attach additional copies of all the documents as your office has retained copies . If I can provide you with any further explanation please let me know. Lawrence, J. Warren LJW: as . cc : Mayor Clymer A8 . 58 : 02 . JUL n i9 CITY OF RENTON _ MEMORANDUM DATE: July 5, 1990 TO: Larry Warren, City Attorney FROM: Lynn nn, Public Works Director STAFF CONTACT: Dave Tibbot, Customer Service Manager SUBJECT: 10 FT. ALLEY EXTENDING THROUGH BLOCK 2 PLAT OF MORGAN'S GRAND VIEW ADDITION We have received an inquiry from Mrs. Jean L. Lux, owner of the E 15' of Lot 11, all of lot 12 and portion of Lot 13 lying West of alley, Block 2, Morgan's Grand View Addition to Renton, with regard to the alley adjacent to her property. Her first concern is over the disclosures made by a recent survey of her land. The survey revealed that several hundred square feet of her property had been covered by black top (by the City) to accommodate its use as a public alley. The City's survey crew made a field investigation of the subject alley on July 3, 1990 and made the following determination; The Survey Party Chief confirmed that approximately 232 square feet (2' average x 116.16' = 232 square feet) of the Lux property is covered by asphalt, as highlighted in yellow on the survey sketch attached. The alley was paved and maintained from N.E. 7th Street northerly, a distance of 116.16 feet. Beyond that point, the alley was covered with brush and weeds and appeared unused for ingress and egress. Is there an encumbrance upon the City to remove the asphalt paving? Mrs. Lux's second concern centers around the current ownership status of the subject alley. Since Property Management had a prior research file on the alley in question, we are able to present to you, the background in chronological order: January 15, 1909 -- Plat of Morgan's Grand View Addition Vol 18, Page 74, recorded with King County. The plat was dedicated by the Morgan's and Lorenz Nardine. No alley existed through Block 2 at the time of platting. March 30, 1910 -- 677661 -- Lorenz Nardine conveyed to the City of Renton a piece of property described as Lot 17, Block 2, Morgan's Grand View Add. to Renton. Morgan's Grand View Addition July 5, 1990 Page 2 June 6, 1910 -- AF719323 -- Lorenz Nardine, a bachelor, conveyed and warranted a 10 ft. wide strip of land to the City of Renton (as shown on attached map) for "... a public thoroughfare and that upon the abandonment of its use as a public thoroughfare the title to said real estate shall revert to and vest in the first party ...." (Lorenz Nardine). July 16, 1951 -- Letter from Jessie Clulow (owner of Lots 18 and 19) inquiring about the purchase of Lot 17, Block 2, from the City. August 28, 1951 -- City Council published call for bids to purchase above property. October 2, 1951 -- City of Renton Council passed Ordinance No. 1409 accepting a bid from Jessie Clulow in the total amount of $140.00, and will quit claim and convey to Jessie Clulow said property described as Lot 17, Block 2, Morgan Grand View Add. to Jessie Clulow upon payment of $140.00, allowing City Clerk to execute necessary deed. November 13, 1951 -- Affidavit and Real Estate Sales Tax Receipt E-31437. Legal description: Lot 17, Block 2, Morgan Grand View Add. Also, the 10 ft. wide alley as described in said AF719323. January 25, 1952 -- 4204861 -- City of Renton quit claimed to Jessie Clulow, a widow, said Lot 17, Block 2, Morgan's Grand View Add. to Renton. Deed #4204861 references tax receipt #31437. The original deed (copy attached) does not reference the alley in question. According to Ed Finch, a relative of Jessie Clulow, he claimed that King County Tax Dept. has assessed Mrs. Clulow for the alley adjoining her lots (attached Tax Roll shows that description includes the alley) and that she has been paying taxes for her property with the alley since 1951. Could you please furnish us with an opinion on the validity of the "Affidavit and Real Estate Sales Tax Receipt" since it is the only instrument which includes the alley. Is it a legal instrument for conveyance of the alley? If not, who actually has title to the alley and what are the ramifications of a private party paying taxes on the alley since 1951? Please determine if the unused portion of the alley constitutes an "abandonment of its use as a public thoroughfare", thus triggering the reversion clause under AF 719323. We contacted a title company in 1979 (see letter attached), but they will only furnish a limited liability report after a search of the public records, and interpretation of any instrument of record would have to made by the City or its legal counsel. Other pertinent file data is included for your information. 90-109:AMH:jg/ps Attachment